Terms of Service

Acceptance of Terms

By accessing and using the services provided by turbomonolith GmbH ("Company", "we", "us", or "our"), you ("Client", "you", or "your") agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and turbomonolith. If you do not agree to these Terms, you must not use our services or access our website.

These Terms apply to all users of our services, including but not limited to visitors to our website, clients who engage our enterprise software development services, and users of any software solutions we provide. By continuing to use our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

Company Information

turbomonolith GmbH is a limited liability company registered in Austria with the following details:

Services Description

turbomonolith provides enterprise software development services, including but not limited to:

• Custom software development and application design
• Cloud infrastructure deployment and management
• Data management and analytics solutions
• System integration and API development
• Technical consulting and support services
• Software maintenance and updates

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

User Obligations

As a user of our services, you agree to:

• Provide accurate, complete, and current information when requested
• Maintain the confidentiality of any login credentials or access information
• Use our services only for lawful purposes and in accordance with these Terms
• Not attempt to gain unauthorised access to our systems or services
• Not interfere with or disrupt the integrity or performance of our services
• Comply with all applicable laws and regulations in your use of our services
• Promptly notify us of any security breaches or unauthorised use of your account
• Provide necessary cooperation and information required for service delivery

Payment Terms

Payment terms for our services will be specified in individual service agreements. Unless otherwise agreed in writing:

• All prices are quoted in Euros (EUR) and exclude applicable taxes
• Invoices are payable within 30 days of the invoice date
• Late payments may incur interest charges as permitted by Austrian law
• We reserve the right to suspend services for overdue payments
• All fees are non-refundable except as expressly stated in the service agreement

Intellectual Property

All intellectual property rights in our services, including but not limited to software, documentation, designs, methodologies, and proprietary technologies, remain the exclusive property of turbomonolith or our licensors. This includes:

• Pre-existing intellectual property owned by turbomonolith
• Improvements, enhancements, or derivatives of our existing intellectual property
• General methodologies, processes, and know-how developed in the course of providing services

Custom software developed specifically for you will be governed by the terms of the individual service agreement. You retain ownership of your data and content provided to us, while granting us necessary licences to perform the contracted services.

Confidentiality

Both parties acknowledge that they may have access to confidential information. We agree to maintain the confidentiality of your proprietary information and business data. Similarly, you agree to keep confidential any proprietary information, methodologies, or trade secrets disclosed by turbomonolith during the course of our engagement.

Limitation of Liability

To the maximum extent permitted by Austrian law, turbomonolith's total liability for any claims arising from or related to our services shall not exceed the total amount paid by you for the specific services giving rise to the claim during the twelve (12) months preceding the event causing the liability.

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, regardless of the theory of liability and even if we have been advised of the possibility of such damages.

This limitation of liability does not apply to damages caused by our gross negligence, wilful misconduct, or violation of applicable data protection laws.

Warranties and Disclaimers

We warrant that our services will be performed with reasonable skill and care in accordance with industry standards. However, except as expressly stated in a service agreement, our services are provided "as is" without warranties of any kind, whether express or implied.

We disclaim all implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement, except to the extent such disclaimers are prohibited by applicable law.

Termination

Either party may terminate a service agreement in accordance with the termination provisions specified therein. In the absence of specific termination terms:

• Either party may terminate with 30 days' written notice
• Either party may terminate immediately for material breach that remains uncured after 15 days' written notice
• We may terminate immediately if you fail to pay undisputed invoices when due

Upon termination, you must pay all outstanding fees for services performed, and both parties must return or destroy confidential information as agreed.

Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labour disputes, or government actions.

Data Protection

We are committed to protecting your personal data in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR). Our data processing practices are detailed in our Privacy Policy, which forms an integral part of these Terms.

Governing Law

These Terms and any disputes arising from or related to our services shall be governed by and construed in accordance with the laws of Austria, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the competent courts of Austria, and the parties hereby consent to the personal jurisdiction and venue therein.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby.

Modifications

We reserve the right to modify these Terms at any time by posting updated Terms on our website. Material changes will be communicated to existing clients via email or other appropriate means. Your continued use of our services after such modifications constitutes acceptance of the updated Terms.

Contact Information

For questions regarding these Terms of Service, please contact us: