Terms of Service

Last updated: March 2026

Please read these Terms of Service carefully before using Cluster Fabrik. By accessing or using the platform in any way, you confirm that you have read, understood, and agree to be bound by these terms and all applicable laws and regulations. If you are entering into these terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.

1. Acceptance of Terms

By creating an account, purchasing a licence, or otherwise accessing or using Cluster Fabrik (the "Service"), you ("Customer" or "you") agree to these Terms of Service ("Terms") with The Projekt Company ("we", "us", or "our"). These Terms constitute a binding legal agreement between you and The Projekt Company.

If you do not agree to these Terms, you must not access or use the Service. Continued use of the Service following any modification to these Terms constitutes acceptance of those modifications.

2. Service Description

Cluster Fabrik is a Kubernetes provisioning and management platform developed and operated by The Projekt Company. The Service enables customers to create, configure, and manage Kubernetes clusters and associated infrastructure.

The Service is available under the following delivery models:

  • Self-hosted licence — You deploy and operate the Cluster Fabrik software within your own infrastructure under a licence granted by The Projekt Company.
  • Fully hosted service — The Projekt Company hosts and operates the Cluster Fabrik platform on your behalf. Your clusters run in your chosen cloud provider account.
  • Reseller plan — Authorised resellers may distribute the Service to their own end customers under a separate Reseller Agreement with The Projekt Company.

The Projekt Company reserves the right to modify, suspend, or discontinue any part of the Service at any time, with reasonable notice where practicable.

3. Licence Grant

Subject to your payment of all applicable fees and your ongoing compliance with these Terms, The Projekt Company grants you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the Service solely for your internal business purposes during the applicable subscription or licence term.

This licence does not include any right to:

  • Copy, modify, adapt, or create derivative works of the Service or any part thereof;
  • Sublicence, sell, resell, transfer, assign, or otherwise dispose of the Service or your rights under these Terms, except as expressly permitted under an authorised Reseller Agreement;
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service, except to the extent permitted by applicable law;
  • Access the Service for the purpose of building a competing product or service.

All rights not expressly granted in these Terms are reserved by The Projekt Company.

4. Acceptable Use

You agree to use the Service in compliance with all applicable laws and regulations and in accordance with these Terms. You must not, and must not permit or encourage any third party to:

  • Use the Service for any unlawful purpose, or in furtherance of any illegal activity;
  • Use the Service to process, store, or transmit material that infringes any third-party intellectual property rights or that is defamatory, obscene, or otherwise objectionable;
  • Attempt to gain unauthorised access to any part of the Service, its related systems, networks, or data;
  • Circumvent, disable, or otherwise interfere with any access controls, security features, or usage limits of the Service;
  • Use the Service to transmit malware, viruses, or any other malicious code;
  • Engage in any activity that places an unreasonable or disproportionate load on the Service infrastructure;
  • Resell or otherwise commercially exploit the Service without an authorised Reseller Agreement in place with The Projekt Company;
  • Reverse engineer or attempt to extract the source code of the Service except as expressly permitted by law.

We reserve the right to suspend or terminate your access to the Service immediately if we reasonably believe you have breached this section.

5. Payment & Billing

Fees for the Service are as set out in your agreed quote, order form, or pricing schedule. The following billing terms apply depending on your chosen delivery model:

  • Self-hosted licence — A licence fee is payable as agreed in your order, typically annually in advance.
  • Fully hosted service — A recurring monthly fee is charged per active cluster, as specified in your pricing schedule.
  • Reseller plan — Billing terms are as set out in the applicable Reseller Agreement.

All invoices are issued and payable in EUR (Euro) unless otherwise agreed in writing. Payment is due within 30 days of the invoice date unless a different payment term is specified on the invoice.

In the event of late payment, interest will accrue on the outstanding amount at a rate of 8 percentage points above the reference rate of the European Central Bank, as provided for under Directive 2011/7/EU on combating late payment in commercial transactions. We also reserve the right to suspend access to the Service until all outstanding amounts are settled.

You are responsible for all taxes, duties, and levies imposed by any governmental authority in connection with your use of the Service, other than taxes based on The Projekt Company's net income.

6. Data & Privacy

The processing of personal data in connection with your use of the Service is governed by our Privacy Policy, which forms part of these Terms by reference. Where we process personal data on your behalf as a data processor, a Data Processing Agreement ("DPA") is available upon request and will apply to such processing.

Customer data ownership. You retain full ownership of all data, content, and workloads you deploy or store within your clusters ("Customer Data"). We do not claim any intellectual property rights over Customer Data.

No unauthorised access. The Projekt Company will not access your cluster workloads, configurations, or Customer Data without your prior explicit consent, except where required to do so by applicable law or for the purpose of maintaining the security and integrity of the Service in an emergency.

You are responsible for ensuring that your use of the Service, and any Customer Data you process through it, complies with applicable data protection laws, including the General Data Protection Regulation (GDPR) where applicable.

7. Service Availability

For customers on the fully hosted service, The Projekt Company will use commercially reasonable efforts to maintain high availability of the platform. However, unless a separate Service Level Agreement ("SLA") has been agreed in writing, no specific uptime guarantee or SLA is provided.

Planned maintenance will be notified to customers at least 48 hours in advance via email or in-platform notification, and will be scheduled outside of peak business hours wherever reasonably practicable.

We are not responsible for downtime or degraded performance caused by factors outside our reasonable control, including failures of your cloud provider, network outages, force majeure events, or your own infrastructure.

For self-hosted licence customers, availability of the platform is your own responsibility as the operator of the software.

8. Intellectual Property

The Cluster Fabrik platform, including its source code, design, user interface, documentation, trademarks, and all related intellectual property, is owned by The Projekt Company and is protected by applicable intellectual property laws. Nothing in these Terms transfers any ownership of our intellectual property to you.

The Service incorporates certain open-source software components, each of which is subject to its own open-source licence. Key components include:

Your use of these open-source components is governed by their respective licences, not by these Terms. Open-source licence notices are made available within the Service.

You grant The Projekt Company a limited, non-exclusive licence to use your company name and logo solely for the purpose of identifying you as a customer on our website and marketing materials, unless you notify us in writing that you object to such use.

9. Limitation of Liability

To the fullest extent permitted by applicable law:

  • The Projekt Company's total aggregate liability to you arising out of or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total fees paid by you to The Projekt Company in the twelve (12) months immediately preceding the event giving rise to the claim.
  • The Projekt Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of business, or loss of goodwill, even if we have been advised of the possibility of such damages.

Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.

You acknowledge that the fees charged reflect the allocation of risk set out in these Terms, and that The Projekt Company would not enter into these Terms without these limitations.

10. Governing Law & Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of [Jurisdiction Placeholder — e.g. Germany], without regard to its conflict of law provisions.

The parties irrevocably submit to the exclusive jurisdiction of the courts of [City Placeholder] to settle any dispute or claim arising out of or in connection with these Terms.

If you are a consumer, nothing in this section affects your rights under the mandatory consumer protection laws of the country in which you are resident.

11. Changes to Terms

We may update or modify these Terms from time to time. We will indicate the date of the most recent revision at the top of this page. If we make a change that we consider material, we will provide you with reasonable advance notice by email to the address associated with your account, or by displaying a prominent notice within the Service.

Your continued use of the Service after any modification to these Terms comes into effect constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and may terminate your account in accordance with any applicable cancellation provisions in your order or agreement.

We encourage you to review these Terms periodically to stay informed of any updates.

12. Contact

If you have any questions about these Terms, please contact us:

The Projekt Company
Legal enquiries: legal@theprojektcompany.com

For general support enquiries, please use the contact form at clusterfabrik.com/contact.