BALDURAN Terms of Use

Published Date: 2025-02-18 06:01:32 -0300

1. Acceptance

By accessing or using any of BALDURAN's software products, services, websites, and related documentation (collectively, the "Services"), 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 License Grant

Subject to these Terms and your active subscription, BALDURAN grants you the following limited, non-exclusive, non-transferable, and revocable licenses:

2.2 Subscriptions

2.3 Internet Access

You acknowledge that a stable internet connection is required for proper functionality of the Services and for BALDURAN to verify your subscription status. 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.

2.4 Restrictions

You may not:

3. 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 BALDURAN 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 © 2025 BALDURAN. All rights reserved.

4. 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. BALDURAN DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.

5. Limitation of Liability

IN NO EVENT SHALL BALDURAN 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 BALDURAN 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, BALDURAN's liability for breaches of such non-excludable warranties will be limited to, at BALDURAN's option, the re-supply of the Services or the payment of the cost of re-supplying the Services. In no event will BALDURAN's aggregate liability arising out of or related to this agreement exceed the total amounts actually paid by you to BALDURAN under this agreement during the twelve (12) months preceding the date the claim arose.

6. Indemnification

You agree to indemnify and hold harmless BALDURAN 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.

7. Termination

BALDURAN 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.

8. 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.

9. Entire Agreement

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

10. Changes to Terms

BALDURAN may update these Terms from time to time. You are responsible for reviewing these Terms periodically for any changes. Your continued use of the Services following the posting of any changes to these Terms constitutes your acceptance of such changes.

11. Contact Information

If you have any questions about these Terms, please contact us using one of the appropriate BALDURAN's website contact channels.