Terms of Service
The contract between you and ITSailor for free tools, paid workshops, eBooks, Microsoft 365 licensing through Pax8, code kits, and our SaaS products.
Summary
Sold by Michal Jatczak T/A ITSailor, a sole trader registered in Malta. Most Services are sold business to business; where you buy as a consumer, EU consumer rights apply in full, including the 14-day right of withdrawal. Every consulting engagement and every €499 workshop closes with an Exit Kit: a documented handover licensed to you perpetually and transferable to any successor vendor, so nothing you paid for is locked to us. Hosted subscriptions carry the switching and export rights in section 22. Governed by Maltese law, without prejudice to the mandatory law of a consumer's home country.
Who we are and what these Terms cover
1.1 The parties
These Terms of Service ("Terms") govern your use of the ITSailor platform and offerings (collectively, the "Services") operated by Michal Jatczak, a sole trader registered in Malta and trading under the name ITSailor("we", "us", "ITSailor"), with principal place of business at Level 1, Unit 60, Door No 63, Connecticlub Business Center, Triq Il-Ballut (Zona Industrijali, Mosta), MST 4001, Mosta, Malta. Malta VAT MT32760411, DUNS 507601021.
ITSailor is a trading name and not a separate legal entity; the contracting party is Michal Jatczak. Where these Terms name Michal Jatczak T/A ITSailor, that is the same person.
1.2 Acceptance
By purchasing, accessing, or using the Services you ("Customer", "you") agree to these Terms.
1.3 Documents forming the agreement
More than one document can apply to the same purchase. Where they conflict, the following order controls, highest first:
- A signed Order Form, Statement of Work (SOW) or Master Services Agreement (MSA), for the Services it identifies. It cannot vary Microsoft New Commerce Experience rules, or any other vendor term we are not free to vary as a reseller.
- The Data Processing Agreement, for personal data we process on your behalf. Section 13 sets out when it is executed; this section does not repeat that.
- The CSP Marketplace Terms, for licences bought through the marketplace checkout.
- These Terms.
- The Refund Policy.
The CSP Marketplace Terms and the Refund Policy are incorporated into these Terms by reference and form part of them. The Privacy Policy and the Cookie Policy are transparency notices about how we handle data. They are not contractual terms, and nothing in them creates an obligation you owe us.
Nothing in this section limits any mandatory right you have as a consumer, or replaces the pre-contractual information we must give you before you place a consumer order.
Eligibility and B2B vs B2C
Most Services are sold business-to-business. By accepting these Terms for a B2B offering you confirm that you are acting on behalf of a legal entity, are authorised to bind that entity, and that the purchase is for purposes related to your trade, business, or profession. Consumer-protection statutes that apply only to business-to-consumer contracts (including the 14-day cooling-off period under EU Directive 2011/83/EU) do not apply to B2B purchases. Whether you are a consumer is determined by your status at purchase (a natural person acting wholly or mainly outside your trade, business, or profession), not by the marketing label of the Service.
The Services
We currently offer the following categories of Services:
3.1 Free diagnostic tools
Calculators, scanners, and assessments at /tools (Microsoft 365 license estimator, security scorecard, AI readiness scan, SaaS auditor, deliverability scanner, offboarding risk profiler, automation ROI calculator, DevEx maturity scan). Provided free, anonymously, without warranty. You retain ownership of inputs you submit; we retain anonymised aggregate metrics for product improvement.
3.2 Paid workshops
Fixed-price live engagements delivered by the founder (Michal Jatczak). Currently:
- €499 Architecture & Security Design Workshop (B2B). 2-hour live session in your tenant, ITSailor Microsoft 365 Security Baseline assessment, Azure landing-zone sketch, written architecture review delivered within 5 business days, and a deployable architecture plan with ready-to-merge Terraform / Power Automate flows. If the deliverable misses that 5-business-day window, the fee is refunded in full under the Refund Policy, and the documents remain licensed to you when they land.
- €149 Microsoft 365 Tenant Hardening (B2C variant). 90-minute live session for solo operators and very small teams. Covers the Essential profile of the ITSailor Microsoft 365 Security Baseline at a reduced scope.
3.3 Paid eBooks and knowledge bundles
Downloadable PDFs (currently €99 per title - Microsoft 365 Hardening for Regulated Industries and DORA & NIS2 Roadmap; release schedule on the handbook page). Personal licence for the purchasing organisation, or for the individual purchaser where an eBook is bought by a consumer; redistribution or resale is prohibited.
3.4 Microsoft 365 and partner-marketplace licensing
We act as a Microsoft CSP Indirect Reseller (PLA ID 7113951) through the Pax8 marketplace. Where you purchase third-party licences (Microsoft 365, Google Workspace, others) through us, the underlying vendor's end-user terms also apply. Self-serve marketplace purchases are additionally governed by the CSP Marketplace Terms, which control for those purchases. We are the billing party and primary support contact; the vendor retains licence ownership and platform-level terms.
Microsoft New Commerce Experience (NCE) subscriptions follow Microsoft's cancellation rules: cancellation within 24 hours of a term earns a full refund; cancellation or seat reductions are otherwise available only within the first 7 calendar days of each subscription term, including on renewal, unless Microsoft or the vendor publishes a different written term for that SKU.
3.5 SaaS subscriptions
3.5.1 Self-serve subscriptions. These are bought at checkout on this site, with no Order Form. Fees are stated net of VAT and renew automatically until cancelled:
- Tenant Monitor - managed Microsoft 365 and SaaS monitoring. €149 per month, or €119 per month billed annually.
- Offboarding Evidence - offboarding evidence control. €249 per month, or €199 per month billed annually.
- Tenant Monitor + Offboarding Evidence - both products on one subscription. €349 per month, or €318 per month billed annually.
- SEAWALL Managed - managed AWS and Azure FinOps. €1,490 per month.
Cancellation follows section 07; refunds follow the Refund Policy; switching and export follow section 22.
3.5.2 Subscriptions sold under an Order Form. HOIST (autonomous Tier-0 IT support) and DECKLOG (Microsoft 365 Copilot readiness and knowledge operations for internal knowledge sources) are in sales-MVP phase and are not sold self-serve. Tiers, pricing, and availability for these are confirmed in an Order Form or Master Services Agreement signed before service activation.
SEAWALL Engine is the FinOps platform behind SEAWALL Managed and the SEAWALL code kit in 3.7. It is not sold as a standalone self-serve subscription.
3.6 Custom consulting and implementation engagements
Custom Cloud, Security, and AI architecture engagements scoped per a separate Statement of Work (SOW) anchored to the €499 Architecture Workshop output. All consulting engagements close with an Exit Kit (see section 05).
3.7 Code kits and infrastructure templates
SEAWALL DIY (€199, one-time). A self-guided AWS FinOps code kit. It is not a subscription and it is not a hosted service. On payment we send an invitation to a private Git repository, addressed to the GitHub username you give at checkout, and you hold collaborator access to that repository. What you receive is delivered code and documentation, licensed under section 04 as a Deliverable rather than as access to a hosted service, which means section 22 does not apply to it: you already hold the repository. Refunds are governed by the Refund Policy.
Licence and ownership
In these Terms, "Deliverables" means the material we produce for you or hand to you under a workshop, a consulting or implementation engagement, or a code kit: architecture documents, Terraform and other infrastructure-as-code modules, Intune and Conditional Access baselines, runbooks, scripts, written reviews, and the Exit Kit contents described in section 05. Deliverables do not include the hosted SaaS products or their source code.
Subject to payment in full and ongoing compliance with these Terms, four layers apply:
- Background IP stays ours. The methods, templates, checklists, baselines, tooling and know-how we hold before an engagement, or develop outside it, remain ours. Nothing in these Terms transfers them, and nothing in a Deliverable grants you a licence to them beyond using that Deliverable.
- Deliverables are licensed to you, perpetually. You receive a perpetual, irrevocable, royalty-free, worldwide licence to use, modify and keep the Deliverables within your organisation, and to transfer that licence to a successor supplier without asking us. Ownership stays with ITSailor or its licensors. That is what the Exit Kit promise means: you can leave and take the work with you, not that title changes hands.
- Foreground IP under a SOW. Where a Statement of Work provides that intellectual property created specifically for you is assigned to you, that assignment takes effect on payment in full, and the SOW controls over the paragraph above for the material it identifies.
- Third-party and open-source components. Deliverables contain third-party and open-source components that we do not own and cannot license to you. Those are governed by their own licence terms, which are identified in the Deliverable or its documentation. Sections 10 and 12 exclude them from our warranty and from our indemnity.
The other Services are licensed as follows:
- eBooks and knowledge bundles.Personal licence for the purchasing organisation's internal use, or for the individual purchaser where bought by a consumer. Redistribution, resale, sublicensing, or public republication is prohibited.
- SaaS products. Subscription right to access the hosted service for the term and seat count agreed. No licence to underlying source code.
- Free tool outputs. You own your inputs and the per-session report generated; we may use anonymised aggregate metrics to improve the tools.
Sovereign Mastery and the Exit Kit
Two delivery windows apply, because two different things are being bought:
- €499 Architecture & Security Design Workshop. The written deliverable pack, including the Exit Kit materials, is due within 5 business days of the session closing. For this workshop the pack also contains the credentials map, infrastructure-as-code state exports, runbooks, vendor list, cost-attribution map and 90-day self-management guide described on the workshop page. If the window is missed, the fee is refunded in full under the Refund Policy, and the documents remain licensed to you when they land. You do not have to ask for it.
- Consulting and implementation engagements under a SOW. The Exit Kit is delivered within 24 hours of engagement close.
No vendor lock-in is a contractual commitment, not a marketing line. For hosted subscriptions the equivalent commitment is the switching, export and exit right in section 22.
Fees, billing, and taxes
Fees are stated in EUR exclusive of VAT, sales, withholding, or similar taxes which are payable by the Customer where applicable. Reverse-charge VAT applies for valid EU business customers outside Malta with valid VIES-verified VAT numbers. One-time fees are charged immediately on order. Subscription fees renew automatically on the same calendar day each month/year and are charged in advance via Stripe.
Consumers and VAT.Prices shown on this site are net of VAT. Where a Service is sold to a consumer, VAT at the rate of the consumer's country of residence is added, and the VAT-inclusive total is displayed before the order is placed (Consumer Rights Directive 2011/83/EU, Articles 6(1)(e) and 6(6); Unfair Commercial Practices Directive 2005/29/EC, Article 7(4)(c)).
Renewal and price changes for subscriptions.
- We send a renewal reminder at least 30 days before each annual renewal, stating the price that will be charged.
- Auto-renewal can be switched off at any time in the Stripe Customer Portal reachable from your account. Switching it off leaves the period you have already paid for running to its end.
- We give at least 30 days' written notice of any price increase. An increase takes effect at your next renewal; we do not change the price inside a period you have already paid for. Section 15 gives you a termination right where you do not accept a change.
Cancellation, suspension, and termination
You may cancel a subscription at any time through the Stripe Customer Portal accessible from your account. Except where the Refund Policy states otherwise for a specific Service, cancellation takes effect at the end of the current billing period, we do not pro-rate the unused portion, and we do not refund billing periods already elapsed absent a service-credit event under section 08. Where the Refund Policy gives a money-back window for a Service, that window controls and this paragraph yields to it.
Suspension.We may suspend access for non-payment on 7 days' written notice. We may suspend immediately where fraud or a security risk requires it, where an acceptable-use breach under section 18 is active, or where the law requires it. We tell you why, and we restore access once the cause is resolved.
Termination for breach.Either party may terminate for the other's material breach where the breach is capable of remedy and is not remedied within 30 days of written notice describing it. This right is reciprocal: it applies to our breach on the same terms as it applies to yours.
After termination. SaaS account access is revoked. For 30 days after termination we keep your data available for export and provide it on request in the formats listed in section 22; where that section's longer switching process has been started, its windows apply instead. Workshop Deliverables and Exit Kit materials already delivered remain licensed to you under section 04. Prepaid fees are not refunded where we terminate for your material breach; where we terminate for convenience, we refund prepaid fees pro rata for the period after termination.
Service level and support
Free tools and B2B workshops are delivered as-is (workshops carry a written warranty of professional execution - see section 10), with one exception that is a term rather than a target: the €499 workshop deliverable carries a 5-business-day window and a full refund if it is missed, under the Refund Policy.
Uptime. We do not currently offer an uptime SLA or service credits for the self-serve subscription products. Where a signed Order Form states an SLA, that document governs and the service credit stated there is your sole remedy for a missed target.
The service-credit sole remedy in this section does not limit any right granted to a financial-entity Customer under the DORA Addendum described in section 21, including access, inspection and audit rights, cooperation with threat-led penetration testing, and the exit and transition rights required by Article 30(3) of Regulation (EU) 2022/2554.
Consumers. Nothing in this section applies to a consumer. Where you bought as a consumer you keep your rights under the Consumer Affairs Act (Cap. 378) and the Consumer Rights Regulations (S.L. 378.17), and, for digital content and digital services, the statutory guarantee of conformity described in section 23.
Customer responsibilities
You are responsible for:
- Operating your cloud accounts (Microsoft, AWS, Google, others) and the production environments you deploy;
- Reviewing Terraform plans, Intune baselines, Conditional Access policies, and other changes we recommend before applying them in your environments;
- Managing your own credentials, MFA tokens, and access policies;
- Backing up data and configuration outside scope of any SaaS we provide;
- Reviewing AI-generated output before acting on it, as set out in section 20;
- Complying with your own regulatory obligations (DORA, NIS2, GDPR, MGA gaming licences, etc.).
Warranties and disclaimers
We warrant that we have the right to deliver the Services and that we will perform any included professional services in a workmanlike manner consistent with industry practice.
Except for the foregoing, the Services are provided "as-is" without warranty of any kind, express or implied, including merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or meet your specific requirements. This disclaimer extends to the third-party and open-source components identified under section 04, which are warranted, if at all, only by whoever publishes them.
Consumers. Nothing in this section applies to a consumer. Where you bought as a consumer you keep your rights under the Consumer Affairs Act (Cap. 378) and the Consumer Rights Regulations (S.L. 378.17). For digital content and digital services, meaning our eBooks, code kits and SaaS subscriptions, the statutory guarantee of conformity under Directive (EU) 2019/770 as transposed in Malta applies: we must bring the Service into conformity, and where we do not, you are entitled to a proportionate reduction of the price or to end the contract, free of charge in every case. A live workshop is a service rather than digital content, so the non-performance and remedy rules of the Consumer Affairs Act apply to it instead.
Limitation of liability
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, anticipated savings, goodwill, data, or business opportunities, however caused and on any theory of liability, even if advised of the possibility of such damages.
What is never excluded or capped.Nothing in these Terms excludes or limits either party's liability for: (a) fraud or fraudulent misrepresentation; (b) wilful misconduct or gross negligence; (c) death or personal injury caused by negligence; or (d) any other liability which cannot be excluded or limited under Maltese or EU law.
Consumers. This section as a whole does not apply where you bought as a consumer. That includes the exclusion of liability for lost data in the first paragraph and the cap above. Your statutory remedies, and any liability we owe you under Maltese or EU consumer law, are unaffected by anything in this section.
Indemnification
This section does not apply where you are acting as a consumer, as determined under section 02.
Your indemnity. You will indemnify and hold Michal Jatczak T/A ITSailor harmless from any third-party claim arising from (a) your use of the Services in breach of these Terms, (b) infrastructure or applications you operate using Deliverables from us, and (c) data you process through the Services in breach of applicable law.
Our indemnity.We will defend you against a third-party claim that a Deliverable, as delivered by us and used in accordance with these Terms, infringes that party's intellectual property rights, and we will pay damages finally awarded or agreed in settlement. This indemnity covers only material originally authored by ITSailor. It expressly excludes third-party and open-source components (see section 04); Microsoft and other vendor products, which are covered by the vendor's own terms and, for marketplace licences, by the Microsoft Customer Agreement routed through the CSP Marketplace Terms; any modification you make; any combination with anything we did not supply; anything built to your written specification; and continued use after we have told you to stop. Where such a claim is made or is likely, our sole obligation and your sole remedy is that we may, at our option, repair the Deliverable, replace it with a functionally equivalent one, or refund what you paid for it.
How an indemnity is run.The party seeking indemnity gives prompt written notice of the claim. The indemnifying party controls the defence and any settlement, consulting the other reasonably. No settlement that admits fault, or that imposes a non-monetary obligation on the other party, may be made without that party's consent, which is not to be unreasonably withheld. The party seeking indemnity gives reasonable assistance at the indemnifying party's cost. Late notice reduces the indemnity only to the extent the delay actually prejudiced the defence.
Relationship to the cap. Amounts payable under either indemnity in this section count against the cap in section 11. They do not sit outside it.
Data processing and confidentiality
Where ITSailor processes personal data on behalf of Customer in connection with paid workshops, consulting engagements, or SaaS subscriptions, ITSailor acts as a processor and Customer as controller under GDPR (Regulation 2016/679). The parties will execute the standard ITSailor Data Processing Agreement (DPA) incorporating the mandatory processor terms required by GDPR Article 28(3), which forms part of these Terms. The Privacy Policy describes how we handle personal data we collect as controller, and section 08 of that policy describes the technical and organisational measures we apply.
Each party will protect the other's confidential information using at least the same degree of care it uses for its own confidential information, and never less than reasonable care. Architecture documents, source code, credentials, and audit findings are confidential information.
Subprocessors
The current list of subprocessors is maintained in section 03 of the Privacy Policy, which is the single canonical source. We deliberately do not restate it here, so the two cannot drift apart. We will provide reasonable advance notice (at least 30 days) of additions.
Modifications
We may update these Terms from time to time. Material changes are notified by email at least 30 days before they take effect, to every customer with a live entitlement: an active subscription, an open engagement, or a purchase still inside a refund or withdrawal window. Continued use of the Services after the effective date constitutes acceptance.
A change never applies retrospectively to a purchase already made: the version in force when you ordered governs that order. If you do not accept a material change, you may terminate the affected subscription with effect from the date the change takes effect, without penalty, and we will refund prepaid fees for the period after termination.
Governing law and jurisdiction
These Terms, and any dispute or claim arising out of or in connection with them, are governed by the laws of Malta.
Business customers. The courts of Malta have exclusive jurisdiction over any dispute arising out of or in connection with the Services.
Consumers. The choice of Maltese law does not deprive you of the protection of the mandatory provisions of the law of the country where you have your habitual residence (Regulation (EC) No 593/2008, Article 6(2)). If you are domiciled in an EU Member State, you may bring proceedings against us either in Malta or in the courts for the place where you are domiciled, and we may bring proceedings against you only in the courts of the Member State where you are domiciled (Regulation (EU) No 1215/2012, Articles 18 and 19). Nothing agreed before a dispute arises takes those choices away from you. If you are a consumer domiciled outside the EU, you keep any mandatory protection and any forum that the law of your own country gives you; Maltese law and the Maltese courts apply for everything else.
Complaints and redress. Write to legal@itsailor.io first. We handle complaints on the timetable in section 23. Consumers in Malta may also refer a complaint to the Malta Competition and Consumer Affairs Authority (MCCAA), Office for Consumer Affairs; consumers elsewhere in the EU may refer it to the consumer protection authority or the European Consumer Centre of their own country.
Force majeure
Neither party is liable for delays or failures caused by events beyond its reasonable control, including natural disasters, fire or flood, war, terrorism, civil unrest, labour action, epidemic or pandemic and the public-health measures taken in response, energy shortage or grid failure, failure of a public telecommunications or internet network, cyber-attack or ransomware affecting either party or its suppliers, failure of a third-party cloud platform or subprocessor, and government action. The affected party will give prompt notice and use reasonable efforts to mitigate the impact.
If the event continues for more than 30 consecutive days, either party may terminate the affected Service on written notice, and we will refund prepaid fees pro rata for the period that was not performed.
Acceptable use
When using the Services you will not:
- use them for unlawful purposes, or to store, send, or publish unlawful content;
- run penetration tests, vulnerability scans, load tests, or other security testing against our infrastructure without our prior written authorisation;
- reverse engineer, decompile, or disassemble the hosted products, or attempt to derive their source code, except to the extent that restriction is void under applicable law;
- resell, sublicense, timeshare, or otherwise make SaaS access available to anyone outside your organisation, except where an Order Form says you may;
- use the Services in a way that degrades them for other customers, or that exceeds a fair-use or rate limit we have told you about.
Breach of this section is a ground for suspension under section 07.
Export control and sanctions
Both parties will comply with applicable export control and sanctions laws, including those of the European Union, the United Kingdom, and the United States.
You warrant that you are not a restricted or designated party under any of those regimes, that you are not owned or controlled by one, and that you will not make the Services or any Deliverable available, directly or indirectly, to a restricted party or to a territory subject to comprehensive sanctions. If that ceases to be true, tell us immediately. We may suspend or terminate the Services, in whole or in part, where we reasonably believe that continuing would breach one of those regimes, and a suspension or termination on that ground is not a breach of these Terms by us.
AI-assisted features
Some Services use AI models to draft reports, briefs, summaries, and recommendations. Where they do:
- The output is advisory. It is generated by automated means, it can be wrong, and it is not a professional opinion. You are responsible for human review before acting on it, which is part of the review duty in section 09.
- What you may submit. Do not submit special category data (GDPR Article 9), or personal data about other people, to an opt-in AI feature unless you have a lawful basis for doing so and it is consistent with your own privacy notices.
- Our role. The underlying foundation models are supplied by third parties. We act as a deployer of those models, not as their provider, and we tell you at the point of use where you are interacting with AI-generated output (Regulation (EU) 2024/1689, Article 50, which applies from 2 August 2026). The providers we use are named in section 03 of the Privacy Policy.
- No high-risk use by default. Nothing in these Terms puts a Service into a high-risk use case under Regulation (EU) 2024/1689. If you intend to use the output in a way that would, we have to agree it in a signed Order Form that addresses the obligations first.
Regulated financial customers (DORA)
This section applies where you are a financial entity within the meaning of Article 2 of Regulation (EU) 2022/2554 (DORA) and we provide ICT services to you.
These Terms on their own do not contain the contractual elements that Article 30(2) requires, and they do not contain the additional Article 30(3) elements that apply where the service supports a critical or important function. Where you are such a customer, the parties will execute the ITSailor DORA Addendum before service activation, and that addendum controls over these Terms for the matters it covers.
We will supply the information you need to maintain your register of information under Article 28(3), in the format set out in Implementing Regulation (EU) 2024/2956.
Nothing in this section makes us a financial entity or subjects us directly to DORA. DORA binds you; it reaches us through this contract and through your oversight of us as an ICT third-party service provider.
Switching, export, and exit for subscription services
This section gives effect to Chapter VI of Regulation (EU) 2023/2854 (the Data Act). It is published here, before you order, because that is where the Regulation requires it to be available to you (Article 25(1)).
Scope. It applies to the hosted subscription services we operate ourselves, listed in section 3.5. It does not apply to Microsoft 365 or other third-party licences we resell: those run on the vendor's own platform, and switching or exporting from them is the vendor's obligation under the Microsoft Customer Agreement or the equivalent vendor terms, exercised through your own tenant administrator. It does not apply to SEAWALL DIY or to any other Deliverable, because you already hold those under section 04.
Notice and transitional period. To start switching, tell us in writing. The maximum notice period we require to begin is 30 calendar days. A 30-calendar-day transitional period then runs from the end of that notice period, during which the service keeps running and we assist your migration. Where technical infeasibility genuinely prevents completion in 30 days, we may extend the transitional period to a maximum of seven months, and we will tell you within 14 working days of your request, with reasons (Article 25(4)). You may also extend it once, for a period you choose (Article 25(5)).
What we export, and in what format. On request during the notice or transitional period, we provide:
- Account and subscription records (contact details, subscription history, entitlement state) as CSV.
- Invoices and billing documents as PDF.
- Monitoring findings, scan results, and evidence records from Tenant Monitor and Offboarding Evidence as JSON for the full records, and as CSV for the tabular view.
- Generated reports, briefs, and evidence packs as PDF, as generated.
- Infrastructure-as-code we delivered to you as Terraform HCL, in the Git repository you already hold.
What is not exportable. Our own product source code, model prompts, and internal tooling. Data held by third parties on your behalf under their own contracts, in particular the contents of your Microsoft 365 tenant. Security and HTTP request logs beyond the retention window stated in section 05 of the Privacy Policy. Aggregate statistics that no longer identify you or your tenant.
Retrieval and erasure. After the transitional period ends, you have at least 30 calendar days to retrieve the exported data. At the end of that retrieval window we erase it from our production systems (Article 25(2)(f) and (g)); copies inside routine backups are removed as those backups roll over. What survives is limited to what section 05 of the Privacy Policy describes: billing and tax records we are required to keep, and account and audit records retained for 12 months after termination so that we can answer an access or dispute request.
Cost. We charge nothing for switching, export, or data egress.
Custom-built engagements. Where we build something for you alone under a SOW rather than offering it at commercial scale, Chapter VI of Regulation (EU) 2023/2854 does not apply to it, and this sentence is the notice of that which Article 31 requires; the Exit Kit in section 05 is what covers that case instead.
Consumer information
This section is for buyers who are consumers. It repeats, in one place, information the Consumer Rights Directive requires us to give you before you order.
Legal guarantee of conformity. For digital content and digital services, meaning our eBooks, code kits and SaaS subscriptions, you have a statutory guarantee that what you receive conforms to what was described. It comes from Directive (EU) 2019/770 as transposed in Malta, it costs you nothing to rely on, and it applies alongside, not instead of, any voluntary window in the Refund Policy. Where a Service does not conform we must bring it into conformity; where we do not, you are entitled to a proportionate reduction of the price or to end the contract.
Complaint handling. Write to legal@itsailor.io. We acknowledge a complaint within 2 business days and give a substantive reply within 14 days. If the answer does not resolve it, consumers in Malta may refer the complaint to the Malta Competition and Consumer Affairs Authority (MCCAA), Office for Consumer Affairs, and consumers elsewhere in the EU may refer it to the consumer protection authority or European Consumer Centre of their own country.
Functionality and interoperability.
- eBooks. Delivered as PDF. Readable on any device with a PDF reader. No digital rights management, no activation, no online check, no expiry. The file carries a single-user licence line naming the purchaser.
- Workshops. Delivered as a live session by video call, plus written deliverables as PDF and, where the engagement includes them, Terraform and other infrastructure-as-code files as plain text.
- SEAWALL DIY. Delivered as collaborator access to a private Git repository. You need a GitHub account to accept the invitation, and an AWS or Azure account to run what is in it. Nothing in the kit runs on our infrastructure.
- SaaS subscriptions.Delivered through a browser. Tenant Monitor and Offboarding Evidence connect to your Microsoft 365 tenant with your administrator's consent; SEAWALL connects to your AWS or Azure account. You need the relevant account and the rights to grant that consent.
Duration, minimum term, and termination. Monthly subscriptions run month to month with no minimum term and renew on the same calendar day each month. Annual subscriptions run for 12 months and renew annually. Either can be cancelled at any time in the Stripe Customer Portal; cancellation takes effect at the end of the period you have paid for, subject to any money-back window in the Refund Policy. Workshops, eBooks, and code kits are one-time purchases with no recurring charge and nothing to cancel.
General
- Entire agreement. The documents listed in section 1.3, in that order, are the whole agreement between us for the Services they cover, and they replace anything said or written before. Nothing in this paragraph limits liability for fraudulent misrepresentation, and it does not apply where you bought as a consumer.
- Severability. If a provision is held invalid or unenforceable, it is severed to the minimum extent necessary and the rest stays in force.
- Survival. The following survive termination: section 04 (licence and ownership), section 06 for fees already accrued, section 10, section 11, section 12, section 13, section 16, and this section 24.
- Assignment.Neither party may assign these Terms without the other's written consent, except that either may assign to a successor in a bona fide transfer of the business or the relevant part of it, including on incorporation of the business into a company. We will tell you if that happens.
- No waiver. Not enforcing a term is not a waiver of it, and a waiver given once does not carry to the next time.
- Notices. Formal notices under these Terms are given by email: to us at legal@itsailor.io, and to you at the email address on your account. A notice sent on a business day is treated as received the next business day. Cancelling a subscription in the Stripe Customer Portal remains valid without any notice under this paragraph. You may also write to us by post at the address in section 25, but you are never required to: no notice, cancellation, or withdrawal has to be in any particular form to count.
- No partnership or agency. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between us. Neither party may bind the other.
Contact
- Contract and legal questions: legal@itsailor.io
- Billing: billing@itsailor.io
- Data Subject Rights (GDPR access / erasure / portability / objection): dsr@itsailor.io - see also our Privacy Policy section 06.
- Operational and security: support@itsailor.io
- General: hello@itsailor.io
Postal: Michal Jatczak T/A ITSailor, Level 1, Unit 60, Door No 63, Connecticlub Business Center, Triq Il-Ballut (Zona Industrijali, Mosta), MST 4001, Mosta, Malta.