Terms and Conditions of AssinaJá
Updated on: 15/05/2024
AGREEMENT TO THE TERMS
These Terms and Conditions constitute a legally binding agreement made between you, either personally or on behalf of an entity ("you", "your", "the client"), and DevScope S.A. ("we", "us", or "our"), regarding your access to and use of the AssinaJá web application (the "Application"). By accessing the Application, you agree that you have read, understood, and agree to be bound by all these Terms and Conditions of Use. IF YOU DO NOT AGREE WITH ALL THESE TERMS AND CONDITIONS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE APPLICATION AND MUST STOP USING IT IMMEDIATELY.
Additional terms and conditions or documents that may occasionally be published in the Application are expressly incorporated herein by reference. We reserve the right, at our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. You will be notified of any changes by updating the "Last updated" date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to and deemed to have been made aware of and accepted any revised Terms and Conditions by your continued use of the Application after the date such revised Terms and Conditions are posted.
The information provided in the Application is not intended for distribution 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, individuals who choose to access the Application from other locations do so at their own initiative and are solely responsible for compliance with local laws, if and to the extent they are applicable.
What personal information does AssinaJá collect and how is it used?
We collect the minimum possible personal information necessary to offer our users the best experience possible.
When a user registers on AssinaJá, DevScope collects the email and username provided or associated with the third-party service used for login. This information is used to identify the user and send notifications about AssinaJá, such as updates or policy changes.>
AssinaJá also uses cookies (small text files) solely to facilitate the authentication process of returning users. Check your browser's policy to learn how to disable and delete cookies.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise stated, the Application is our property, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics within the Application (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property laws and unfair competition laws of Portugal and the European Union, foreign jurisdictions, and international conventions. The Content and Marks are provided in the Application "AS IS" for your information and personal use only. Except as expressly stated in these Terms of Use, no part of the Application, 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 without our prior express written permission.
As long as you are eligible to use the Application, you are granted a limited license to access and use the Application and to 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. We reserve all rights not expressly granted to you in the Application, Content, and Marks.
USER REPRESENTATION
By using the Application, 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 registration details as necessary; (3) you have the legal capacity and agree to comply with these Terms of Use; (4)
you are not under 13 years old; (5) you are not a minor in your jurisdiction, or if you are, you have obtained parental permission to use the site; (6) you will not access the Application through automated or non-human means, whether by bot, script, or otherwise; (7) you will not use the Application for any illegal or unauthorized purpose; and (8) your use of the Application will not violate any applicable law or regulation.
If you provide any false, inaccurate, outdated, or incomplete information, we have the right to suspend or terminate your account and refuse any and all current or future use of the Application (or any part of it).
PROHIBITED ACTIVITIES
You may not access or use the Application for any purpose other than that for which we make the Application available. The Application may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us.
As a user of the Application, you agree not to:
• Systematically retrieve data or other content from the Application to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.
• Circumvent, disable, or otherwise interfere with security-related features of the Application.
• Engage in unauthorized framing of or linking to the Application.
• Deceive or defraud us and other users.
• Misuse our support services or submit false reports of abuse or misconduct.
• Interfere with, disrupt, or impose an undue burden on the Application.
• Sell or transfer your profile.
• Use any information obtained in the Application to harass, abuse or harm other people.
• Use the Application as part of any effort to compete with us or otherwise use the Application and/or the Content for any revenue-generating enterprise or commercial endeavor.
• Decipher, decompile, disassemble, or reverse engineer any software that comprises or in any way makes up part of the Application.
• Attempt to bypass any measures of the Application designed to prevent or restrict access to the Application or any part of the Application.
• Harass, annoy, intimidate, or threaten any of our employees or agents involved in providing any part of the Application to you.
•Remove the copyright notice or other proprietary rights notice from any Content.
• Copy or adapt the Application's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Disparage, tarnish, or otherwise harm us and the Application, in our opinion.
• Use the Application in a manner inconsistent with any applicable laws or regulations.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Application (“Submissions”) provided by you will become our exclusive property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive all moral rights to such Submissions and warrant that such Submissions are original, authored by you, or that you have the right to submit such Submissions. You agree that there will be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
The Application may contain (or you may be sent through the Application) links to other websites ("Third Party Sites"), as well as articles, photographs, text, graphics, images, designs, music, sounds, videos, information, applications, software and other content or items belonging to or originating from third parties ("Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, controlled or checked for accuracy, appropriateness or completeness by us, and we are not responsible for any Third Party Sites accessed through the Application or any Third Party Content posted on, available through or installed from the Application, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies contained in Third Party Sites or Third Party Content. The inclusion of, linking to or permitting the use or installation of any Third Party Sites or any Third Party Content does not imply our approval or endorsement. If you decide to leave the Application and access Third Party Sites or use or install any Third Party Content, you do so at your own risk and you should be aware that these Terms of Use will no longer apply. You should review the applicable terms and policies, including privacy and data collection practices, of any site you navigate to from the Application or in connection with any applications you use or install from the Application. Any purchases you make through third party sites will be made through other sites and other companies and we assume no liability in connection with such purchases which are solely 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 will hold us harmless from any damages caused by the purchase of such products or services. In addition, you hold us harmless from any loss suffered by you or damage caused to you related to or resulting in any way from any Third Party Content or any contact with Third Party Sites.
APPLICATION MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Application for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including, without limitation, reporting such user to law enforcement authorities; (3) manage the Application in a manner that protects our rights and property and facilitates the proper functioning of the Application.
PRICES
Use of AssinaJá is subject to the price listed on the AssinaJá website on the date of acceptance of the customer's order or another price agreed by both parties.
DevScope reserves the right, upon written notice to the customer at any time prior to delivery or supply, to increase the price of the AssinaJá to reflect any increase in the cost to DevScope that is due to any factor beyond its control, including, without limitation, any currency fluctuation, currency regulation, change in rates, significant increase in the costs of labor, materials, fundamental third party services required to operate the AssinaJá or other costs.
PRIVACY POLICY
The privacy and security of your data is important to us. Please review AssinaJá's Privacy Policy. By using the Application, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please note that the Application is hosted in Portugal. If you access the Application from any other region of the world with laws or other requirements governing the collection, use or disclosure of personal data that differ from the laws applicable in Portugal and the European Union, through your continued use of the Application or the Services, you are transferring your data to Portugal and the European Union and you expressly consent to your data being transferred to and processed in Portugal and the European Union.
These Terms of Use will remain in full force and effect for as long as you use the Application. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT LIABILITY, TO DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANYONE, FOR ANY REASON OR NO REASON, INCLUDING, WITHOUT LIMITATION, BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION YOU HAVE POSTED AT ANY TIME, WITHOUT NOTICE, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you will be prohibited from registering and creating an account in your name, a false or borrowed name, or in the name of a third party, even if you are acting on behalf of that third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, seeking civil, criminal and injunctive relief.
You will be notified of any changes, closures and suspensions of access to the account and will have the opportunity to appeal the decision.
We reserve the right to change, modify or remove content from the Application at any time or for any reason, at our sole discretion. You will be notified of any material content changes, modifications and removals and will have the opportunity to renew or revise your license if any such changes irreversibly alter your use of the Application.>
We cannot guarantee that the Application will always be available. We may experience hardware, software or other problems or need to perform maintenance related to the Application, which may result in interruptions, delays or errors. We reserve the right to change, revise, update, suspend, discontinue or otherwise modify the Application at any time or for any reason. You agree that we have no liability for any loss, damage or inconvenience caused by your inability to access or use the Application during any downtime or discontinuance of the AppLication.>
These Terms of Use and your use of the Application shall be governed by and construed in accordance with the laws of Portugal and the European Union applicable to contracts entered into and to be wholly performed in Portugal, without regard to its conflicts of law principles.
Any legal action of any nature brought by you or us (collectively, the "Parties" and individually, a "Party") shall be commenced or prosecuted in the courts located in Porto, Portugal, and the Parties consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such courts. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) are excluded from these Terms of Use.
THE APPLICATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE APPLICATION SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE APPLICATION 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 CONTENT OF THE APPLICATION OR THE CONTENT OF ANY SITES LINKED TO THIS APPLICATION AND ASSUME NO LIABILITY FOR ANY (1) ERRORS, MISTAKES OR INACCURACIES IN CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND RESULTING FROM YOUR ACCESS TO AND USE OF THE APPLICATION, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREON, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APPLICATION, (5) ANY BUGS, VIRUSES, TROJANS OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE APPLICATION 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 APPLICATION. WE DO NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APPLICATION, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE DO NOT WARRANT BEING A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PRODUCT OR SERVICE PROVIDERS. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE APPROPRIATE CAUTION.
UNDER NO CIRCUMSTANCES 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 PROFITS, LOST REVENUES, LOST DATA, OR OTHER DAMAGES ARISING OUT OF THE USE OF THE APPLICATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify and hold us, including our subsidiaries, affiliates and all of our respective officers, agents, partners and employees, harmless 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) your Contributions; (2) your use of the Site; (3) your breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of third party rights, including but not limited to intellectual property rights; or (6) any act manifestly harmful to any other user of the Site with whom you have connected through the Site. 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 claim, action or proceeding that is subject to this indemnification upon becoming aware of it.
These Terms of Use and any policies or operating rules posted by us on the Application constitute
the entire agreement and understanding between you and us. Our failure to exercise or
enforce any right or provision of these Terms of Use will not be construed as a waiver of
such right or provision. These Terms of Use operate to the fullest extent permitted by law.
We may assign any or all of our rights and obligations to third parties at any time. We will
not be liable for any loss, damage, delay or omission caused by any cause beyond our
reasonable control. If any provision or part of a provision of these Terms of Use is found to
be unlawful, void or unenforceable, that provision or part of the provision shall be deemed
severable from these Terms of Use and shall 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 by reason of these Terms of Use or your use of the
Site. You agree that these Terms of Use will not be construed against us by virtue of your
having drafted them. You waive all defenses you may have based on the electronic form of
these Terms of Use and the lack of signature by the parties to enforce these Terms of Use.
DevScope reserves the right, at our sole discretion, to change or replace the current Terms at any time.
If a change is material, we will give you at least 1 month's notice before any new terms come into effect. What constitutes a material change will be determined at our sole discretion.
To resolve a complaint regarding the Application or to receive more information about the use of the Application, please contact us:
DevScope S.A.
Rua de Passos Manuel 223 3000-485 Porto, Portugal