Terms and Conditions

Last updated: July 08, 2025

1. Introduction

These Terms and Conditions ("Agreement") govern the provision of Chief Technology Officer (CTO) services ("Services") operated by Moon Software Solutions by Jakob Greisert ("Provider", "we", "us"), including through our website https://www.moonsoftwaresolutions.com. By engaging our Services, you ("Client", "you") agree to be legally bound by these Terms. If you do not accept these Terms, you may not utilize our Services.

2. Services Description

Provider offers fractional CTO services including but not limited to:

• Technology strategy and roadmap development
• Technical leadership and team guidance
• Architecture design and review
• Technology stack evaluation and selection
• Technical due diligence and risk assessment

Services are provided on a consulting basis and do not constitute an employment relationship. Client retains ultimate decision-making authority regarding technology implementation.

3. Client Responsibilities

Client agrees to:

• Provide timely access to necessary information and personnel
• Designate a primary point of contact for service coordination
• Make decisions in a timely manner regarding proposed solutions
• Ensure compliance with all applicable laws and regulations

4. Intellectual Property

(a) Pre-existing IP: Each party retains ownership of their pre-existing intellectual property.
(b) Deliverables: Specific work products created for Client during engagement shall be owned by Client upon full payment.
(c) Methodologies: Provider retains ownership of proprietary frameworks, tools, and methodologies used in service delivery.
(d) License: Client grants Provider limited license to use Client's name and logo for marketing purposes unless otherwise specified in writing.

5. Fees and Payment

(a) Payment Terms: Fees as specified in service agreement. All invoices payable within 30 days of receipt.
(b) Accepted Methods:

• Bank Transfer
• Credit Card (via Stripe)
• PayPal
• Cryptocurrency (subject to network fees)

6. Term and Termination

(a) Term: Commences on effective date and continues for duration specified in service agreement.
(b) Termination for Cause: Either party may terminate for material breach with 30 days written notice.
(c) Effect of Termination: Client pays for services rendered through termination date. Sections 4, 7, 9-11 survive termination.

7. Confidentiality

Both parties agree to protect confidential information using reasonable care, not to disclose to third parties, and to use only for purposes of this Agreement. Excludes information that is publicly available or independently developed.

8. Disclaimer of Warranties

SERVICES PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PROVIDER DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE SERVICE.

9. Limitation of Liability

(a) PROVIDER'S TOTAL LIABILITY SHALL NOT EXCEED FEES PAID BY CLIENT DURING SIX MONTHS PRECEDING CLAIM.
(b) IN NO EVENT SHALL PROVIDER BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING LOST PROFITS.
(c) CLIENT ACKNOWLEDGES THAT PROVIDER'S ADVICE IS PROFESSIONAL JUDGMENT AND CLIENT BEARS ULTIMATE RESPONSIBILITY FOR BUSINESS DECISIONS.

10. Data Protection

Personal data processed under this Agreement governed by our Privacy Policy and GDPR requirements. By using our Services, you consent to such processing.

11. Governing Law and Dispute Resolution

(a) This Agreement governed by laws of Germany, excluding CISG.
(b) Parties agree to negotiate disputes in good faith for 30 days before initiating legal action.
(c) Exclusive jurisdiction for disputes: Courts of Augsburg, Germany.

12. General Provisions

(a) Amendments: Modifications require written agreement by both parties.
(b) Assignment: Neither party may assign without prior written consent.
(c) Force Majeure: Excuses performance delays due to events beyond reasonable control.
(d) Severability: If any provision invalid, remainder remains enforceable.
(e) Notices: Official communications to contact@moonsoftwaresolutions.com.

13. Entire Agreement

This Agreement constitutes the complete understanding between parties regarding the Services, superseding all prior agreements.