Terms of Service (AGB)

Last Updated: May 25, 2025

NMESYS IT Services — Röthlein, Germany

1. Scope of Agreement

These Terms of Service (“Agreement”) govern the use of services provided by NMESYS (“Provider,” “we,” “us,” or “our”) to clients (“you,” “Client”). By engaging with NMESYS in any form—whether advisory, technical, or hosted services—you agree to the terms herein.

2. Services Offered

NMESYS offers the following services:

2.1 Fractional CTO

Strategic advisory and technical leadership services provided on a part-time or project basis. These services are consultative in nature and do not constitute an employment relationship or legal representation.

2.2 DevOps as a Service (DaaS)

Continuous integration, deployment, monitoring, and infrastructure automation services. These are executed on infrastructure maintained by NMESYS or the Client, depending on the agreement.

2.3 Platform as a Service (PaaS)

Containerized application hosting services on NMESYS-managed infrastructure. Resources may be shared among Clients, with fair usage policies applied to ensure platform performance and availability.

2.4 SaaS Hosting Partner

Dedicated or shared infrastructure for deploying and maintaining your software applications, managed by NMESYS. Clients retain control over application code and user data; NMESYS manages uptime, infrastructure, and backups.

3. Client Obligations

• Clients are responsible for providing accurate information and maintaining valid contact details.
• Clients shall not use services for unlawful purposes or in ways that violate third-party rights.
• Clients must maintain appropriate backups unless explicitly included in their plan.

4. Fees and Payment Terms

All services are billed in EUR (€) and may be subject to VAT as required under German tax law. Invoices are payable within 14 days unless otherwise agreed. Late payments may result in suspension of services or termination of this Agreement.

5. Service Availability and Uptime

NMESYS strives to maintain 99% uptime on hosted infrastructure. Scheduled maintenance may occur with advance notice. Emergency downtime will be minimized where possible.

6. Data Protection (GDPR Compliance)

NMESYS complies with the General Data Protection Regulation (GDPR). We collect and process personal data only as required to:

• Deliver contracted services
• Respond to inquiries
• Comply with legal obligations

For full details, please see our Privacy Policy. Privacy Policy

You have the right to:

• Request access to your data
• Request deletion or correction
• Object to processing for legitimate reasons

For data inquiries, contact: privacy@nmesys.io

7. Intellectual Property

NMESYS retains all rights to proprietary software, scripts, and infrastructure designs. Clients retain full ownership of their code, content, and data stored or hosted with NMESYS. Licensing terms for any bundled software will be disclosed at the time of contract.

8. Limitation of Liability

To the extent permitted by law:

• NMESYS shall not be liable for indirect, incidental, or consequential damages.
• Total liability is limited to the amount paid by the Client in the 3 months preceding a claim.
• NMESYS is not responsible for failures caused by third-party platforms, upstream providers, or force majeure.

9. Termination and Cancellation

Clients may cancel services with 30 days’ notice unless otherwise contractually specified. NMESYS may terminate this Agreement for violations of these terms or non-payment. Upon termination, data will be retained for 14 days unless requested for immediate deletion.

10. Changes to the Terms

These terms may be updated periodically. Material changes will be communicated via email or website notification. Continued use of services constitutes acceptance of the updated terms.

11. Jurisdiction and Governing Law

These Terms are governed by the laws of the Federal Republic of Germany. The place of jurisdiction is Schweinfurt, Germany, unless otherwise required by law.

12. Contact Information

NMESYS IT Services<br>Wiesenweg 5<br>97520 Röthlein, Germany<br>support@nmesys.io