Terms of Service

Introduction

These Terms of Service ("Terms") govern your use of the website and services provided by pompadourbz GmbH ("Company", "we", "us", or "our"). By accessing or using our website pompadourbz.com or engaging our cloud infrastructure services, you agree to be bound by these Terms.

pompadourbz GmbH is a German corporation registered under number HRB772042, with VAT number DE462855283, located at Friedrichstraße 74, 20816 Hamburg, Germany.

Acceptance of Terms

By accessing or using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms, you must not use our website or services.

These Terms constitute a legally binding agreement between you and pompadourbz. You must be at least 18 years old and have the legal capacity to enter into this agreement. If you are representing a company or organization, you warrant that you have the authority to bind that entity to these Terms.

Services

pompadourbz provides cloud infrastructure services including but not limited to:

• Cloud migration and deployment services
• Infrastructure management and monitoring
• Security solutions and compliance services
• Cloud consulting and architecture design
• Technical support and maintenance

Specific service details, deliverables, and timelines will be outlined in separate service agreements or statements of work that reference these Terms.

User Obligations and Acceptable Use

You agree to use our services in compliance with all applicable laws and regulations. You are responsible for:

• Providing accurate and complete information when requested
• Maintaining the confidentiality of any access credentials
• Ensuring your use does not violate any third-party rights
• Complying with all applicable data protection and privacy laws
• Not using our services for any illegal or unauthorized purposes

You must not attempt to gain unauthorized access to our systems, interfere with our services, or engage in any activity that could damage or impair our infrastructure or reputation.

Payment Terms

Payment terms will be specified in your service agreement. Unless otherwise agreed:

• Invoices are payable within 30 days of the invoice date
• All prices are in Euros (EUR) and exclude applicable taxes
• Late payments may incur interest charges as permitted by law
• We reserve the right to suspend services for overdue payments

Any disputes regarding invoices must be raised within 30 days of the invoice date.

Intellectual Property

All intellectual property rights in our website, services, documentation, and related materials remain the exclusive property of pompadourbz or our licensors. This includes but is not limited to:

• Trademarks, logos, and brand names
• Software, code, and technical documentation
• Methodologies, processes, and know-how
• Website content, design, and functionality

You are granted a limited, non-exclusive license to use our services during the term of your agreement. You may not copy, modify, distribute, or create derivative works without our prior written consent.

Confidentiality

Both parties acknowledge that they may have access to confidential information. We agree to:

• Maintain the confidentiality of your business information and data
• Use your information only for the purpose of providing our services
• Implement appropriate security measures to protect confidential information
• Not disclose confidential information to unauthorized third parties

These confidentiality obligations survive the termination of our agreement and continue indefinitely unless the information becomes publicly available through no fault of the receiving party.

Limitation of Liability

To the maximum extent permitted by law, pompadourbz's total liability for any claims arising from these Terms or our services shall not exceed the total amount paid by you for the services in the 12 months preceding the claim.

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Business interruption or downtime
• Third-party claims or demands

This limitation applies regardless of the theory of liability, whether in contract, tort, or otherwise, and even if we have been advised of the possibility of such damages.

Warranties and Disclaimers

We provide our services using commercially reasonable care and skill. However, except as expressly stated in a service agreement, our services are provided "as is" without warranties of any kind.

We disclaim all warranties, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that our services will be uninterrupted, error-free, or completely secure, although we implement industry-standard security measures and best practices.

Data Protection

We are committed to protecting your personal data in accordance with the General Data Protection Regulation (GDPR) and other applicable privacy laws. Our processing of personal data is governed by our Privacy Policy.

Where we process personal data on your behalf as a data processor, we will enter into appropriate data processing agreements to ensure compliance with applicable data protection requirements.

Termination

Either party may terminate the service agreement with appropriate notice as specified in the agreement. We may also terminate or suspend services immediately if:

• You breach these Terms or your service agreement
• You fail to pay invoices when due
• You engage in illegal or harmful activities
• We are required to do so by law or regulatory authority

Upon termination, you remain liable for all charges incurred up to the termination date. We will provide reasonable assistance for data migration subject to additional charges.

Force Majeure

Neither party shall be liable for any failure to perform due to circumstances beyond their reasonable control, including but not limited to natural disasters, war, terrorism, government actions, pandemic, or failure of third-party services. The affected party must promptly notify the other party and use reasonable efforts to mitigate the impact.

Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Germany. Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts of Hamburg, Germany.

Before initiating formal legal proceedings, the parties agree to attempt resolution through good faith negotiations. If unsuccessful, disputes may be resolved through mediation or arbitration as mutually agreed.

Changes to Terms

We may update these Terms from time to time to reflect changes in our services, legal requirements, or business practices. We will provide reasonable notice of material changes through our website or by email. Your continued use of our services after such changes constitutes acceptance of the updated Terms.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the original intent.

Contact Information

If you have any questions about these Terms or need legal clarification, please contact us: