BALDURAN General Terms of Service

Published Date: 2026-06-21 09:26:27 -0300

1. Acceptance

By accessing or using any of the software products, services, websites, and related documentation (collectively, the "Services") provided by BALDURAN Ltda. (referred to hereafter as the "Company", "we", "us", or "our"), you ("User") agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, you may not access or use the Services.

2. Use of Services & Subscriptions

2.1 Age Requirements

You must be at least 18 years of age, or the age of legal majority in your jurisdiction, to use the Services. By accessing or using the Services, you represent and warrant that you meet this age requirement. If you are under the required age, you must not use the Services. If the Company determines that an account belongs to a user under the required age, that account will be immediately terminated and all associated personal data will be purged in accordance with our Privacy Policy.

2.2 License Grant & Device Limits

Subject to these Terms and your active subscription, the Company grants you a limited, non-exclusive, non-transferable, and revocable license to install the core Software on a single host computer. The features, functional limits, and scope of use for the Services are strictly governed by the tier you purchase:

2.3 Subscriptions

2.4 Internet Access

You acknowledge that a stable internet connection is required for proper functionality of the Services and for the Company to verify your subscription status and active device count. You are responsible for obtaining and maintaining such internet access at your own expense. Interruption of internet service may result in temporary unavailability of the Services.

2.5 Restrictions

You may not:

2.6 Technical Support & Maintenance

Unless you have explicitly purchased a specific "Priority Support" business tier, the Services are provided strictly as self-managed software. The Company does not provide personalized technical support or specific configuration assistance. You are solely responsible for possessing the technical knowledge required to install, configure, and operate the Services within your specific hardware, network, and operating system environments.

2.7 License Verification and Audit Rights

To ensure compliance with the purchased tier and device limits, the Company employs automated licensing verification systems for all Services, regardless of the license type. For Personal/Home Use Licenses, compliance verification is strictly limited to this automated entitlement validation (e.g., verifying Microsoft Store transaction states) and real-time concurrency checks, without invasive local system audits.

If you are operating under a Business Use License, the Company further reserves the right, upon reasonable notice, to formally audit your usage of the Services to verify compliance with your purchased tier and deployment limits. If a formal audit reveals that you have exceeded your permitted scope of use, you agree to promptly pay any applicable additional fees.

2.8 Taxes

All fees are exclusive of applicable national, provincial, state, local, or other governmental sales, goods and services, harmonized, or other taxes, fees, or charges ("Taxes"). You are responsible for paying all Taxes associated with your purchases. If the Company or the platform provider has the legal obligation to pay or collect Taxes for which you are responsible, the appropriate amount shall be invoiced to and paid by you.

3. Beta Software

From time to time, the Company may offer features or software designated as "beta," "early access," "preview," or similar ("Beta Software"). Beta Software is provided strictly for testing and evaluation purposes. You acknowledge that Beta Software may contain bugs, errors, or other issues and may not function as intended. The Company provides Beta Software "AS IS" without any warranty of any kind, and your use of Beta Software is entirely at your own risk. The Company reserves the right to modify or terminate Beta Software at any time.

4. Intellectual Property / Copyright

All intellectual property rights in and to the Services, including but not limited to the software, source code, object code, documentation, designs, trademarks, and logos, are owned by the Company and are protected by applicable copyright laws and international treaties. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Services as expressly provided in these Terms. No ownership rights are transferred to you.

Copyright © 2026 BALDURAN Ltda. All rights reserved.

5. User-Generated Content and Content Legality

You retain all ownership rights, title, and interest in and to any data, projects, files, or content that you create, generate, or process using the Services ("User Content"). The Company claims no ownership over your User Content.

Content Responsibility and Legality: You represent and warrant that you own or possess the necessary licenses, rights, consents, and permissions to use any data, assets, or content you process with the Services. You explicitly agree not to use the Services to process, generate, or distribute pirated, counterfeit, copyright-infringing, or otherwise illegal material. You are solely responsible and liable for the legality of your User Content. The Company assumes no responsibility or liability for any fake, unlicensed, or illegal data processed or stored by you using the Services.

If a specific Service utilizes cloud synchronization or hosting features, you grant the Company a limited, worldwide, non-exclusive license to host, copy, transmit, and process your User Content solely to the extent necessary to provide that Service to you.

6. Third-Party Software and Open Source

The Services may include or be distributed alongside third-party software components or open-source libraries. If included, the mandatory copyright notices, disclaimers, and specific licensing terms for these components are provided in the ThirdPartyNotices.txt file located within the application installation directory. Such components are governed by their respective licenses and are provided "AS IS" without any warranty from the Company. By accessing or using the Services, you acknowledge receipt of these notices and agree to be bound by the applicable separate licenses.

7. Feedback and Suggestions

If you choose to provide us with ideas, suggestions, or feedback regarding the Services ("Feedback"), you agree that the Company is free to use, disclose, reproduce, license, or otherwise distribute and exploit such Feedback without any obligation, restriction, or compensation to you.

8. Disclaimer of Warranty

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In such cases, warranties are excluded to the maximum extent permitted by your local laws.

9. High-Risk Activities

The Services are not fault-tolerant and are not designed, manufactured, or intended for use in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Services could lead directly to death, personal injury, or severe physical or environmental damage. The Company specifically disclaims any express or implied warranty of fitness for high-risk activities.

10. Limitation of Liability

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Notwithstanding the foregoing, in jurisdictions that do not allow the exclusion or limitation of certain warranties, the Company's liability for breaches of such non-excludable warranties will be limited to, at our option, the re-supply of the Services or the payment of the cost of re-supplying the Services. In no event will our aggregate liability arising out of or related to this agreement exceed the total amounts actually paid by you to the Company under this agreement during the twelve (12) months preceding the date the claim arose.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE EXCEPTIONS OUTLINED IN SECTION 28 DO NOT EXPAND THE COMPANY'S LIABILITY FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. STATUTORY EXCEPTIONS APPLY EXCLUSIVELY TO THE SPECIFIC NON-EXCLUDABLE RIGHTS GUARANTEED BY THE USER'S LOCAL JURISDICTION. ALL OTHER CLAIMS REMAIN STRICTLY SUBJECT TO THE AGGREGATE LIABILITY CAP DEFINED HEREIN.

11. Indemnification

You agree to indemnify and hold harmless the Company and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including attorneys' fees) arising out of or relating to your use of the Services, your violation of these Terms, or your violation of any applicable law or regulation.

12. Termination

The Company may terminate your access to the Services at any time, with or without cause, and with or without prior notice. Your subscription may also be terminated according to the terms outlined in the Subscriptions section.

Survival: The provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections relating to Intellectual Property, Feedback, Disclaimer of Warranty, Limitation of Liability, Indemnification, Governing Law, Class Action Waiver, Equitable Relief, Controlling Language, and General Provisions.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Brazil. Any dispute arising out of or relating to these Terms, including the interpretation, validity, breach, or termination thereof, shall be exclusively resolved in the courts of Porto Alegre, Rio Grande do Sul, Brazil. You hereby consent to the exclusive jurisdiction and venue of such courts. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

If you are a consumer residing outside of Brazil, you may possess mandatory statutory consumer rights under your local laws that cannot be altered by this contract. In such cases, this section applies to the maximum extent permitted by your local laws.

13.1 International Online Dispute Resolution

For Users residing outside of Brazil, to the fullest extent permitted by applicable law, any claim, dispute, or controversy arising out of or relating to these Terms or the Services shall be resolved exclusively through binding, confidential online arbitration. The arbitration shall be conducted entirely via the digital submission of documents, email, telephone, or video conference, without requiring the physical presence of the parties, witnesses, or legal representatives. The arbitrator's decision shall be final and binding.

Consumer Exception: If you are a consumer residing in the European Union, the United Kingdom, or other jurisdictions with mandatory consumer protection laws, and such laws prohibit forced arbitration, this clause may not apply to you. In such cases, disputes will still be subject to the governing law and venue provisions permitted by your local mandatory rights.

14. Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY AGREE THAT ANY PROCEEDING TO RESOLVE A DISPUTE WILL BE CONDUCTED ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. You expressly waive any right to file or participate in a class action or seek relief on a class basis.

15. Equitable Relief

You acknowledge that any breach of your obligations under these Terms with respect to the Company's intellectual property or confidential information will cause the Company irreparable harm for which monetary damages would be inadequate. Accordingly, the Company shall be entitled to seek immediate injunctive relief and other equitable remedies in any court of competent jurisdiction, without the necessity of posting a bond, in addition to any other remedies available at law.

16. Privacy and Data Collection

Your use of the Services is governed by the specific Privacy Policy associated with the software product or service you are using. We process your data in compliance with applicable data protection laws, including the Brazilian General Data Protection Law (LGPD) and the General Data Protection Regulation (GDPR), where applicable.

Because the Company offers a variety of software products with differing architectures (e.g., anonymous platform distribution versus registered account access), the exact types of data collected, processed, and stored vary by product. The specific mechanisms for data collection, retention periods, and your rights regarding that data are detailed exclusively in the applicable Privacy Policy for that specific Service.

By accessing or using the Services, you acknowledge that you have read the applicable Privacy Policy. You agree that the Company reserves the right to process necessary transactional and technical data to enforce software licensing limits, prevent fraud, and maintain compliance, strictly within the boundaries defined by that specific product's Privacy Policy.

17. Export Compliance

You agree to comply with all applicable local and international export control laws and regulations. You represent and warrant that you are not located in, under the control of, or a national or resident of any embargoed country or territory, and that you are not listed on any government list of prohibited or restricted parties.

18. Government End Users

If you are a government entity, agency, or other unit of government, your use, duplication, reproduction, release, modification, disclosure, or transfer of the Services, or any related documentation of any kind, is restricted in accordance with these Terms. Specifically, if you are a U.S. Government End User, the Services and related documentation are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

19. Software Updates and Lifecycle

The Company employs a continuous delivery model. To ensure security, compatibility, and optimal performance, you may be required to install software updates to continue accessing the Services. The Company reserves the right to modify, deprecate, or discontinue specific features at any time.

Material Degradation Remedy: While we strive to maintain feature parity, if a mandatory update or feature deprecation materially degrades the core functionality of your active, paid subscription, your sole and exclusive remedy is to terminate the subscription. Upon demonstrating such material degradation, you are entitled to a prorated refund for the unused portion of your current billing cycle. The Company shall not be liable for any further indirect or consequential damages resulting from software lifecycle modifications.

20. Platform Providers

If you download or access the Services through a third-party platform or app store (such as the Microsoft Store), you acknowledge and agree that these Terms are solely between you and the Company, not with the platform provider. The platform provider is not responsible for the Services, their content, maintenance, support, or any warranty claims. However, the platform provider and its subsidiaries are third-party beneficiaries of these Terms and have the right to enforce these Terms against you.

21. Assignment

You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without the Company's prior written consent. The Company may freely assign or transfer these Terms, in whole or in part, to any third party, including in connection with a merger, acquisition, or sale of assets.

22. Force Majeure

The Company shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, labor shortages, or internet or telecommunication outages.

23. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions of these Terms will remain in full force and effect.

24. Waiver

No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

25. Entire Agreement

These Terms constitute the entire agreement between you and the Company with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, and understandings, whether oral or written.

26. Changes to Terms

We may update these Terms from time to time. You are responsible for periodically reviewing these Terms to stay informed of any non-material modifications, clarifications, or formatting changes. Such non-material changes will take effect immediately upon being posted.

However, if we make material changes to these Terms that significantly alter your rights or obligations, we will provide you with reasonable advance notice (at least 30 days prior to the changes taking effect). We will provide this notice via a prominent in-app notification, release notes within the platform provider's store, or other reasonable direct means.

Exceptions to Notice: Changes addressing new functions for the Services, changes made to comply with legal or regulatory requirements, or changes required to address critical security vulnerabilities may take effect immediately without prior notice. However, this exception will not be utilized to bypass the 30-day notice requirement for material degradations of paid core features, which remain subject to the remedies outlined in Section 19.

Your continued use of the Services after the effective date of any updated Terms constitutes your binding acceptance of the changes. If you do not agree to the new Terms, you must stop using the Services and cancel your subscription prior to the changes taking effect.

27. Controlling Language

These Terms were originally drafted in English. If you are reading a translation of these Terms in another language and there is a conflict or discrepancy between the English-language version and the translated version, the English-language version shall prevail and govern to the fullest extent permitted by applicable law.

28. Jurisdiction-Specific Provisions

For Users in the European Union and the United Kingdom: By clicking "Purchase," "Download," or "Subscribe," you provide your express prior consent for the Company to begin the performance of the contract immediately. You acknowledge that once the download of the digital content has started or the service has been accessed, you lose your statutory 14-day right of withdrawal (cool-off period) under the EU Consumer Rights Directive and the UK Consumer Contracts Regulations.

For Users in Australia: Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms purports to modify or exclude the conditions, warranties, and undertakings, and other legal rights, under the Australian Competition and Consumer Act and other laws. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted.

For Users in Brazil: In accordance with Article 49 of the Brazilian Consumer Defense Code (Código de Defesa do Consumidor), you have the right to cancel your purchase within seven (7) days of the purchase (Direito de Arrependimento). Because purchases and subscriptions are processed by third-party platforms (e.g., the Microsoft Store), all cancellation and refund requests must be managed directly through your account portal on the respective platform.

For Users in Canada (Quebec): It is the express wish of the parties that these Terms and all related documents be drawn up in English. Il est de la volonté expresse des parties que les présentes conditions et tous les documents s'y rattachant soient rédigés en anglais.

For Users in Germany: Notwithstanding anything to the contrary in Section 8 (Disclaimer of Warranty) and Section 10 (Limitation of Liability), the Company is fully liable for damages caused by intent (Vorsatz) and gross negligence (grobe Fahrlässigkeit), as well as for damages resulting from injury to life, body, or health. Furthermore, the Company's liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected. The blanket disclaimers of warranty do not limit or exclude your statutory warranty rights (Gewährleistungsrechte) under applicable German consumer protection laws.

For Users in New Zealand: If you are acquiring the Services for the purposes of a business, you acknowledge and agree that the provisions of the New Zealand Consumer Guarantees Act 1993 do not apply to the supply of the Services to you.

For Users in India: In accordance with the Information Technology Act, 2000, and the rules made thereunder, any grievances or complaints regarding the Services may be directed to our designated Grievance Officer, whose contact information is available on our website's contact page.

29. Contact Information

If you have any questions about these Terms, please contact us using one of the appropriate contact channels available on our website.

Copyright © 2026 BALDURAN Ltda. All rights reserved.