TERMS AND CONDITIONS
Last updated
October 02, 2024
AGREEMENT TO OUR LEGAL TERMS
We are oMarcusDev
("Company,"
"we," "us," "our"
)
, a company registered in
Brazil
at Rua Delfino Riet, 654 - 207 Santo Antônio, Porto Alegre - RS,
90450-190, Brazil
, Porto Alegre
, Rio Grande do Sul
90450-190
.
We operate the
website
https://www.ozapgpt.com.br
(the "Site"
),
the mobile application Zap GPT (the "App"), as well as any other related products and services that refer or
link to these legal terms (the "Legal Terms") (collectively, the
"Services").
Zap GPT is an advanced WhatsApp chatbot that leverages artificial intelligence to automate
conversations, optimize customer service, and boost sales for businesses of all sizes. With it, you can create
personalized support flows, respond to frequently asked questions, capture leads, process automated sales, send
notifications, and much more – all fully automated and available 24/7.
You can contact us by
phone at (+55)51992194386, email at
marcusgoncalves067@gmail.com
, or by mail to Rua Delfino Riet, 654 - 207 Santo Antônio, Porto Alegre - RS, 90450-190, Brazil
, Porto Alegre
, Rio Grande do Sul
90450-190
,
Brazil
.
These Legal Terms constitute a legally binding agreement
made between you, whether personally or on behalf of an entity (
"you"), and oMarcusDev
, concerning your access to and use of the Services. You agree that by accessing the Services, you have
read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE
LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may
be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve
the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We
will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive
specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay
informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted,
the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal
Terms are posted.
The
Services are intended for users who are at least 18 years old. Persons under the age
of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of
these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
The
information provided when using the Services is not intended for distribution to or use by any person or entity
in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which
would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons
who choose to access the Services from other locations do so on their own initiative and are solely responsible
for compliance with local laws, if and to the extent local laws are applicable.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual
property rights in our Services, including all source code, databases, functionality, software, website designs,
audio, video, text, photographs, and graphics in the Services (collectively, the
"Content"), as well as the trademarks, service marks, and
logos contained therein (the "Marks"
).
Our Content and Marks are protected by copyright and
trademark laws (and various other intellectual property rights and unfair competition laws) and treaties around the world.
The Content and Marks are provided in or through the
Services "AS IS" for your personal, non-commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED
ACTIVITIES
" section below, we grant you a
non-exclusive, non-transferable, revocable license to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly
gained access,
solely for your
personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our
Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any use of the Services, Content, or
Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to:
marcusgoncalves067@gmail.com. If we ever grant you the permission to post,
reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or
licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is
visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in
and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will
constitute a material breach of our Legal Terms and your right to use our Services will terminate
immediately.
Your submissions
Please
review this section and the "PROHIBITED
ACTIVITIES
" section carefully prior to
using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload
any content through the Services.
Submissions: By directly sending us any question, comment, suggestion,
idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such
Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and
dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending us
Submissions through any part of the Services
you:
- confirm that you have read and agree with our "
PROHIBITED ACTIVITIES
" and will not post, send,
publish, upload, or transmit through the Services any Submission that is
illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to
any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
- to
the extent permissible by applicable law, waive any and all moral rights to any such Submission;
- warrant that any such Submission are original to
you or that you have the necessary rights and licenses to submit such Submissions and
that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
- warrant and represent that your Submissions do not
constitute confidential information.
You are solely responsible for your
Submissions and you expressly agree to reimburse us for any and all losses that
we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or
(c) applicable law.
By using the Services, you represent and warrant
that:
(1) all registration information you submit
will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and
promptly update such registration information as necessary;
(3) you have the legal capacity and you agree to comply with
these Legal Terms;
(4) you are not a
minor in the jurisdiction in which you reside
; (5) you will not access the Services through automated or
non-human means, whether through a bot, script or
otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and
(7) your use of the Services will not violate any applicable
law or regulation.
If you provide any information that
is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account
and refuse any and all current or future use of the Services (or any portion thereof).
You may be required to register
to use the Services. You agree to keep your password confidential and will be responsible for all use of
your account and password. We reserve the right to remove, reclaim, or change a username you select if
we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise
objectionable.
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- PayPal
You agree to provide current, complete, and accurate
purchase and account information for all purchases made via the Services. You further agree to promptly update
account and payment information, including email address, payment method, and payment card expiration date, so
that we can complete your transactions and contact you as needed. Sales tax will be added to the price of
purchases as deemed required by us. We may change prices at any time. All payments shall be in BRL.
You agree to pay all charges at the prices then in
effect for your purchases and any applicable shipping fees, and you authorize
us to charge your chosen payment provider for any such amounts
upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have
already requested or received payment.
We reserve the right to refuse any order placed through
the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or
per order. These restrictions may include orders placed by or under the same customer account, the same payment
method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit
orders that, in our sole judgment
, appear to be placed by dealers, resellers, or distributors.
6. SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and automatically renew unless canceled. You consent to our
charging your payment method on a recurring basis without requiring your prior approval for each recurring
charge, until such time as you cancel the applicable order. The length of
your billing cycle will depend on the type of subscription plan you choose
when you subscribed to the Services.
Cancellation
You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. If you
have any questions or are unsatisfied with our Services, please email us at
marcusgoncalves067@gmail.com.
Fee Changes
We may, from time to
time, make changes to the subscription fee and will communicate any price changes to you in accordance with
applicable law.
7. SOFTWARE
We may
include software for use in connection with our Services. If such software is accompanied by an end user license agreement ("EULA"), the terms of the EULA
will govern your use of the software. If such software is not accompanied by a EULA, then we grant to you a
non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our services and in
accordance with these Legal Terms. Any software and any related documentation is provided "AS IS" without warranty of any
kind, either express or implied, including, without limitation, the implied warranties of merchantability,
fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or
performance of any software. You may not reproduce or redistribute any software except in accordance with the
EULA or these Legal Terms.
You may not access or use the
Services for any purpose other than that for which we make the Services available. The Services may not be
used in connection with any commercial endeavors except those that are specifically endorsed or approved by
us.
As a user of the Services, you
agree not to:
- Systematically
retrieve data or other content from the Services to create or compile, directly or indirectly, a
collection, compilation, database, or directory without written permission from us.
- Trick,
defraud, or mislead us and other users, especially in any attempt to learn sensitive account
information such as user passwords.
- Circumvent,
disable, or otherwise interfere with security-related features of the Services, including
features that prevent or restrict the use or copying of any Content or enforce limitations on
the use of the Services and/or the Content contained therein.
- Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the
Services.
- Use
any information obtained from the Services in order to harass, abuse, or harm another
person.
- Make
improper use of our support services or submit false reports of abuse or
misconduct.
- Use
the Services in a manner inconsistent with any applicable laws or
regulations.
- Engage
in unauthorized
framing of or linking to the Services.
- Upload
or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material,
including excessive use of capital letters and spamming (continuous posting of repetitive text),
that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies,
impairs, disrupts, alters, or interferes with the use, features, functions, operation, or
maintenance of the Services.
- Engage
in any automated use of the system, such as using scripts to send comments or messages, or using
any data mining, robots, or similar data gathering and extraction
tools.
- Delete
the copyright or other proprietary rights notice from any
Content.
- Attempt
to impersonate another user or person or use the username of another
user.
- Upload
or transmit (or attempt to upload or to transmit) any material that acts as a passive or active
information collection or transmission mechanism, including without limitation, clear graphics
interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar
devices (sometimes referred to as "spyware" or "passive
collection mechanisms" or "pcms"
).
- Interfere
with, disrupt, or create an undue burden on the Services or the networks or services connected
to the Services.
- Harass,
annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion
of the Services to you.
- Attempt
to bypass any measures of the Services designed to prevent or restrict access to the Services,
or any portion of the Services.
- Copy
or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or
other code.
- Except
as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the
software comprising or in any way making up a part of the
Services.
- Except
as may be the result of standard search engine or Internet browser usage, use, launch, develop,
or distribute any automated system, including without limitation, any spider, robot, cheat
utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized
script or other software.
- Use
a buying agent or purchasing agent to make purchases on the
Services.
- Make
any unauthorized
use of the Services, including collecting usernames and/or email addresses of users by
electronic or other means for the purpose of sending unsolicited email, or creating user
accounts by automated means or under false pretenses.
- Use
the Services as part of any effort to compete with us or otherwise use the Services and/or the
Content for any revenue-generating endeavor or commercial enterprise.
-
Sell or otherwise transfer your profile.
-
Use the Services to advertise or offer to sell goods and services.
-
Engage in reverse engineering, disassembling, decompiling, or attempting to
extract the source code or internal components of the software
-
Resell, redistribute, sublicense, or share the software or any part of it without
prior written authorization.
-
Modify, adapt, or create derivative works of the software without permission.
-
Transfer lifetime licenses or other rights associated with the software to third
parties without the company’s consent
-
Request technical support beyond the 1-year period included with the lifetime
license unless separately agreed upon.
9. USER GENERATED CONTRIBUTIONS
The Services does not
offer users to submit or post content. We may provide you
with the opportunity to create, submit, post, display, transmit, perform, publish, distribute,
or broadcast content and materials to us or on the Services, including but not limited to
text, writings, video, audio, photographs, graphics, comments, suggestions, or personal
information or other material (collectively,
"Contributions"). Contributions may be viewable
by other users of the Services and through third-party websites.
When you create or make available any Contributions, you thereby represent and warrant
that:
- The creation, distribution, transmission,
public display, or performance, and the accessing, downloading, or copying of your Contributions do
not and will not infringe the proprietary rights, including but not limited to the copyright, patent,
trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have
the necessary licenses
, rights, consents, releases, and permissions to use and to
authorize us, the Services, and other users of the
Services to use your Contributions in any manner contemplated by the Services and these Legal
Terms.
- You have the written consent, release,
and/or permission of each and every identifiable individual person in your Contributions to use the
name or likeness of each and every such identifiable individual person to enable inclusion and use of
your Contributions in any manner contemplated by the Services and these Legal
Terms.
- Your Contributions are not false,
inaccurate, or misleading.
- Your Contributions are not unsolicited or
unauthorized
advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other
forms of solicitation.
- Your Contributions are not obscene, lewd,
lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by
us).
- Your Contributions do not ridicule, mock,
disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass
or threaten (in the legal sense of those terms) any other person and to promote violence against a
specific person or class of people.
- Your Contributions do not violate any
applicable law, regulation, or rule.
- Your Contributions do not violate the
privacy or publicity rights of any third party.
- Your Contributions do not violate any
applicable law concerning child pornography, or otherwise intended to protect the health or well-being
of minors.
- Your Contributions do not include any
offensive comments that are connected to race, national origin, gender, sexual preference, or physical
handicap.
- Your Contributions do not otherwise
violate, or link to material that violates, any provision of these Legal Terms, or any applicable law
or regulation.
Any use of the Services in
violation of the foregoing violates these Legal Terms and may result in, among other things,
termination or suspension of your rights to use the Services.
You and Services agree that we may
access, store, process, and use any information and personal data that you provide and your choices (including settings).
By submitting suggestions or other
feedback regarding the Services, you agree that we can use and share such feedback for any purpose without
compensation to you.
We do not assert any ownership over
your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights
or other proprietary rights associated with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on the Services. You are solely responsible
for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility
and to refrain from any legal action against us regarding your Contributions.
11. MOBILE APPLICATION LICENSE
Use License
If you access the Services via the App,
then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on
wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly
in accordance with the terms and conditions of this mobile application
license contained in these Legal Terms. You shall not: (1) except
as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of,
or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative
work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use
of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or
trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial enterprise,
or other purpose for which it is not designed or intended; (6) make the App available over a network or other
environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating
a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for
the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email;
or (9) use any proprietary information or any of our interfaces or our other intellectual property in the
design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for
use with the App.
Apple and Android Devices
The following terms apply when you use
the App obtained from either the Apple Store or Google Play (each an "App
Distributor") to access the Services: (1) the license granted to you for our App
is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android
operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App
Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with
respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal
Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no
obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event
of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor,
and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid
for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other
warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not
located in a country that is subject to a US government embargo, or that has been designated by the US
government as a "terrorist supporting" country and (ii) you are not listed on any US government list of
prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using
the App, e.g., if you have a
VoIP application, then you must not be in violation of their wireless data service agreement when using the App;
and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and
conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will
have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this
mobile application license
contained in these Legal Terms against you as a third-party beneficiary thereof.
12. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be
sent via the Site or App) links to other
websites ("Third-Party Websites")
as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information,
applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for
accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed
through the Services or any Third-Party Content posted on, available
through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability,
privacy practices, or other policies of or contained in the Third-Party
Websites or the Third-Party Content. Inclusion of, linking to, or
permitting the use or installation of any Third-Party Websites or any
Third-Party Content does not imply approval or endorsement thereof by
us. If you decide to leave the Services and access the Third-Party
Websites or to use or install any Third-Party Content, you do so at
your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms
and policies, including privacy and data gathering practices, of any website to which you navigate from the
Services or relating to any applications you use or install from the Services. Any purchases you make through
Third-Party Websites will be through other websites and from other
companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between
you and the applicable third party. You agree and acknowledge that we do not endorse the products or services
offered on Third-Party Websites and you shall hold us blameless from
any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any
losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
13. SERVICES MANAGEMENT
We reserve the right, but not the
obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action
against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation,
reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse,
restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your
Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to
remove from the Services or otherwise disable all files and content that are excessive in size or are in any way
burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and
property and to facilitate the proper functioning of the Services.
14. PRIVACY POLICY
We care about data privacy and security.
By using the Services, you agree to be bound by our Privacy Policy posted on the Services, which is incorporated
into these Legal Terms. Please be advised the Services are hosted in
Brazil
. If you access the Services from any other region of the world with laws or
other requirements governing personal data collection, use, or disclosure that differ from applicable laws in
Brazil
, then through your continued use of the Services, you are transferring your
data to
Brazil
, and you expressly consent to have your data transferred to and processed in
Brazil
.
15. TERM AND TERMINATION
These Legal Terms shall remain in full
force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE
THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT
LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account
for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed
name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to
terminating or suspending your account, we reserve the right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive redress.
16. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify,
or remove the contents of the Services at any time or for any reason at our sole discretion without notice.
However, we have no obligation to update any information on our Services. We
will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of
the Services.
We cannot guarantee the Services will be
available at all times. We may experience hardware, software, or other problems or need to perform maintenance
related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise,
update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to
you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your
inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these
Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections,
updates, or releases in connection therewith.
17. GOVERNING LAW
These Legal Terms shall be governed by
and defined following the laws of
Brazil
. oMarcusDev and yourself irrevocably consent that the courts of
Brazil
shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal
Terms.
18. DISPUTE RESOLUTION
You agree to irrevocably submit all disputes related to these Legal Terms or the legal
relationship established by these Legal Terms to the jurisdiction of the
Brazil
courts. oMarcusDev shall also maintain
the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or,
if these Legal Terms are entered into in the course of your trade or profession, the state of your principal place
of business.
19. CORRECTIONS
There may be
information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions,
pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or
omissions and to change or update the information on the Services at any time, without prior notice.
20. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW,
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES'
CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO
LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3)
ANY UNAUTHORIZED ACCESS TO OR USE
OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE
LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN
ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR
ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL
NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
21. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE
OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF
DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR
ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO
THE
AMOUNT PAID, IF ANY, BY YOU TO US
DURING THE six (6) mONTH
PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING
.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF
THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
22. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these
Legal Terms; (4) your violation of the rights of a third party,
including but not limited to intellectual property rights; or (5) any
overt harmful act toward any other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter
for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will
use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
23. USER DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although we perform regular
routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing
online forms constitute electronic communications. You consent to receive electronic communications, and you agree
that all agreements, notices, disclosures, and other communications we provide to you electronically, via email
and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE
USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES,
POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any
rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which
require an original signature or delivery or retention of non-electronic records, or to payments or the granting
of credits by any means other than electronic means.
25. MISCELLANEOUS
These Legal Terms and any policies or operating rules
posted by us on the Services or in respect to the Services constitute the entire agreement and understanding
between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not
operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by
law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or
liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any
provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and
enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency
relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that
these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all
defenses you may have based on
the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal
Terms.
26. CONTACT US
In order to resolve a complaint regarding the Services
or to receive further information regarding use of the Services, please contact us at:
oMarcusDev
Rua Delfino Riet, 654 - 207 Santo Antônio, Porto Alegre - RS, 90450-190, Brazil
Porto Alegre
, Rio Grande do Sul
90450-190
Brazil
Phone: (+55)51992194386
marcusgoncalves067@gmail.com