TERMS OF USE AND SERVICE AGREEMENT – SAAS

Note: in case of any discrepancy between versions, the Portuguese text prevails.

1. IDENTIFICATION OF THE PARTIES

This contract is entered into between:

DAVID ANDERSON ALENCAR IGNACIO ME, a private legal entity, registered under Brazilian company registry (CNPJ) No. 15.595.046/0001-78, hereinafter referred to as PROVIDER,

and

the individual or legal entity that signs up and uses the software, hereinafter referred to as CLIENT.

By using the system, the CLIENT declares that they have read, understood, and fully accepted these Terms of Use.


2. PURPOSE

This contract governs the provision of access to and use of a software made available under the SaaS (Software as a Service) model, accessed via the internet, according to the features made available by the PROVIDER.


3. FORM OF ACCEPTANCE

3.1. This contract is executed electronically.

3.2. Acceptance occurs at the moment the CLIENT:

3.3. Electronic acceptance has legal validity and is equivalent to the parties' signatures.


4. TRIAL PERIOD

4.1. The PROVIDER may offer a free 14 (fourteen) day trial period.

4.2. During the trial period, the CLIENT may stop using the system at no cost or penalty.

4.3. After the trial period ends, if the CLIENT continues using the system, it will automatically switch to a paid plan, at the price stated at the time of sign-up.


5. PLANS, PAYMENT AND BILLING

5.1. Using the system after the trial period is conditional on payment of the contracted plan.

5.2. Prices, payment methods, and billing frequency will be stated at the time of sign-up.

5.3. Non-payment may result in suspension or cancellation of access to the system.


6. OBLIGATIONS OF THE PROVIDER

The PROVIDER agrees to:


7. OBLIGATIONS OF THE CLIENT

The CLIENT agrees to:


8. INTELLECTUAL PROPERTY

8.1. The software, its brand, layout, code, features, and content are the exclusive property of the PROVIDER.

8.2. This contract does not grant any ownership rights, only the right to use it while in effect.


9. LIMITATION OF LIABILITY

The PROVIDER is not liable for:

9.2. In any event, the PROVIDER's liability is limited to the amount paid by the CLIENT in the last 12 months.


10. CANCELLATION AND TERMINATION

10.1. The CLIENT may cancel the service at any time.

10.2. Cancellation does not entitle the CLIENT to a refund of amounts already paid, except where required by law.

10.3. The PROVIDER may terminate the contract in the event of a breach of these Terms.


11. DATA PROTECTION (LGPD)

11.1. The parties agree to comply with Brazil's General Data Protection Law (Law No. 13,709/2018).

11.2. Data will be used solely to perform this contract and improve the service.


12. CHANGES TO THESE TERMS

12.1. The PROVIDER may change these Terms at any time.

12.2. Changes take effect once published in the system.


13. JURISDICTION

The courts of the PROVIDER's home district are elected to settle any disputes arising from this contract, waiving any other, however privileged.


Last updated: 01 / 03 / 2024