Last updated: March 15, 2026
Effective for all users and clients
By accessing, browsing, or using cloudforge.solutions (the "Website") or engaging the professional services of CloudForge Solutions sp. z o.o. ("CloudForge", "we", "us", or "our"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use our Website or services.
If you are entering into these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In such cases, "you" and "your" refer to that entity.
The following terms have the meanings set forth below when used in these Terms:
CloudForge Solutions provides professional technology services to enterprise and mid-market organizations. Our core service offerings include:
All professional services are delivered under separate Statements of Work that define the specific scope, deliverables, and commercial terms for each engagement. These Terms provide the general framework governing all engagements unless a SOW explicitly provides otherwise.
CloudForge offers three primary engagement models, each structured to address different client needs:
Engineers are embedded into your team and billed on a time-and-materials basis. Monthly reporting includes hours worked, tasks completed, and progress against agreed objectives. Team composition and capacity may be adjusted with 15 business days' written notice.
Engagements with clearly defined deliverables, acceptance criteria, timelines, and milestones. Payment is typically structured around milestone completion. Changes to scope require a written change order signed by both parties.
Ongoing service delivery with defined Service Level Agreements (SLAs) covering availability, response times, and resolution targets. Managed operations engagements include regular reporting and periodic service reviews.
Each engagement is governed by a separate Statement of Work executed by both parties. In the event of a conflict between these general Terms and a specific SOW, the terms of the SOW shall prevail for that engagement.
Each SOW shall, at a minimum, contain the following:
The successful delivery of Services requires active collaboration. The Client agrees to:
Unless otherwise specified in the applicable SOW:
Intellectual property ownership and licensing under these Terms is governed by the following principles:
Upon full payment, the Client shall own all Deliverables specifically created under a SOW. CloudForge assigns all rights, title, and interest in such Deliverables to the Client, effective upon payment.
CloudForge retains ownership of all Pre-Existing IP, including proprietary methodologies, frameworks, tools, libraries, and know-how that exist prior to or are developed independently outside the scope of a SOW. Where Pre-Existing IP is incorporated into Deliverables, CloudForge grants the Client a non-exclusive, perpetual, royalty-free license to use such Pre-Existing IP solely as part of the Deliverables.
Any open source components used in Deliverables are governed by their respective open source licenses. CloudForge will identify open source components and their applicable licenses as part of Deliverable documentation.
All engagements are subject to mutual confidentiality obligations. Each party agrees to hold the other party's Confidential Information in strict confidence and not to disclose it to any third party without prior written consent, except to employees, contractors, or professional advisors who have a need to know and are bound by confidentiality obligations no less restrictive than those set forth herein.
The following information is excluded from the definition of Confidential Information:
The confidentiality obligations set forth in this section shall survive the termination or expiration of any engagement for a period of 3 years.
The processing of personal data in connection with the Services is governed by our Privacy Policy and, where applicable, a separate Data Processing Agreement (DPA) executed between the parties.
Where CloudForge processes personal data on behalf of the Client in delivering Services, CloudForge acts as a data processor under GDPR Article 28. In such cases, a DPA specifying the subject matter, duration, nature, and purpose of processing, the types of personal data, and categories of data subjects shall be executed prior to the commencement of processing.
Both parties shall comply with their respective obligations under the General Data Protection Regulation (EU) 2016/679 and applicable Polish data protection legislation.
CloudForge warrants that Services will be performed with reasonable professional skill and care, consistent with generally accepted industry standards for services of a similar nature.
Except as expressly set forth herein, all Services and the Website are provided "as is" and "as available." CloudForge makes no additional warranties, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Without limiting the foregoing, CloudForge does not warrant that: (a) the Website will be uninterrupted, error-free, or secure; (b) Services will achieve specific business outcomes or results; or (c) any defects will be corrected within a particular timeframe. The Client's exclusive remedy for breach of the warranty above is, at CloudForge's option, re-performance of the deficient Services or a refund of fees paid for the deficient Services.
To the maximum extent permitted by applicable law, CloudForge's total aggregate liability arising out of or in connection with these Terms or any SOW, whether in contract, tort (including negligence), strict liability, or otherwise, shall not exceed the total fees actually paid by the Client to CloudForge in the 12-month period immediately preceding the event giving rise to the claim.
In no event shall either party be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, revenue, data, business opportunities, or goodwill, regardless of whether such damages were foreseeable or whether the party was advised of the possibility of such damages.
The limitations above shall not apply to: (a) liability arising from gross negligence (rażące niedbalstwo) or willful misconduct (umyślne działanie); (b) breaches of confidentiality obligations; or (c) indemnification obligations under Section 13.
Each party (the "Indemnifying Party") shall indemnify, defend, and hold harmless the other party (the "Indemnified Party") and its officers, directors, employees, and agents from and against any third-party claims, actions, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:
The Indemnified Party shall promptly notify the Indemnifying Party of any such claim and cooperate reasonably in the defense thereof. The Indemnifying Party shall have sole control of the defense and settlement, provided that no settlement shall impose any obligation on the Indemnified Party without its prior written consent.
Either party may terminate an engagement as follows:
Upon termination: (a) all outstanding fees for Services performed through the effective date of termination become immediately due and payable; (b) each party shall return or destroy the other party's Confidential Information within 30 calendar days; (c) CloudForge shall deliver all completed and in-progress Deliverables to the Client upon payment of all outstanding fees; and (d) clauses that by their nature should survive termination (including confidentiality, intellectual property, limitation of liability, indemnification, and governing law) shall survive.
Neither party shall be liable for any failure or delay in performing its obligations under these Terms or any SOW (other than payment obligations) to the extent such failure or delay is caused by circumstances beyond the party's reasonable control, including but not limited to natural disasters, acts of war or terrorism, pandemics, epidemics, government actions or orders, sanctions, embargoes, civil unrest, power outages, internet or telecommunications disruptions, cyberattacks, or failure of third-party services.
The affected party shall promptly notify the other party of the force majeure event and use reasonable efforts to mitigate its impact. If a force majeure event continues for more than 60 calendar days, either party may terminate the affected SOW without liability.
These Terms and any SOW executed hereunder shall be governed by and construed in accordance with the laws of the Republic of Poland, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
Nothing in this section shall prevent either party from seeking interim or injunctive relief from a court of competent jurisdiction to prevent irreparable harm pending resolution of a dispute.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a competent court or tribunal, that provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent. If modification is not possible, the provision shall be severed, and the remaining provisions shall continue in full force and effect.
These Terms, together with any applicable Statement of Work, Data Processing Agreement, and documents expressly incorporated by reference (including our Privacy Policy and Cookie Policy), constitute the entire agreement between the parties with respect to the subject matter hereof. These Terms supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral.
No amendment, modification, or waiver of any provision of these Terms shall be effective unless made in writing and signed by authorized representatives of both parties. A failure or delay by either party in exercising any right under these Terms shall not constitute a waiver of that right.
For questions, concerns, or notices regarding these Terms of Service, please contact us through the following channels:
These Terms should be read in conjunction with our Privacy Policy and Cookie Policy.