Terms and Conditions
This Software License Agreement is a legal agreement between a natural or legal person, hereinafter referred to as LICENSEE and to Mário Moura New Business, located at: Incubation Center of Évora, Rua Fernando Seno, No. 6, Évora, Postal Code 7005-485, Portugal, e-mail: email@example.com;
registered at the Commercial Registry of Évora, tax identification number 510151000, hereinafter referred to as the LICENSOR, for use of the OYO Organize Your Office Software, made available in this act by the LICENSOR, under the following clauses and conditions.
1.1. The purpose of this document is the right to use for an indefinite period of time the licensing of the SOFTWARE, which covers the computer program and may include any printed materials, and any online or electronic documentation. By using the SOFTWARE, the LICENSEE will be bound by and agree to the terms of this agreement. In case of disagreement with the terms presented here, the use of the SOFTWARE must be immediately interrupted.
1.2. Subject to the terms and conditions of this document, this contract grants the LICENSEE a revocable, non-exclusive and non-transferable license to use the SOFTWARE. The LICENSEE may not use or permit the use of the SOFTWARE for any purpose other than internal use. This license does not imply the ability to install other software than those originally located in the SOFTWARE. Under no circumstances will the LICENSEE have access to the source code of the licensed SOFTWARE, as it is the intellectual property of the LICENSOR.
1.3. The license corresponding to this contract is restricted to the use of the SOFTWARE, for one’s own benefit, and the use of the resources according to the acquired plan, the LICENSEE does not acquire through this document any intellectual property rights or other exclusive rights, including patents, trademarks, copyrights, or rights over confidential information or trade secrets, over or relating to the SOFTWARE or any part of it. The LICENSEE also does not acquire any rights on or related to the SOFTWARE or any component of it, other than the rights expressly licensed under this contract or any other mutually agreed written contract that the LICENSEE may have concluded with the LICENSOR. Any rights not expressly granted in this document are reserved.
2. THE RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. The LICENSEE will be responsible for the information contained in the SOFTWARE, for the registration, permissions, passwords and use of its users. The LICENSOR will not be liable for the content (information, passwords, copies of information, etc.) of the SOFTWARE under any circumstances, and will not be reviewed at any time. The responsibility for the SOFTWARE information is always the responsibility of the LICENSEE.
2.2. The LICENSEE will be fully responsible for keeping its information updated and will also keep the LICENSOR free of any charge, duty or responsibility arising from or in any way related to any inaccuracy, lack of truth, absence or outdated information and/or data.
2.3. If at any time the LICENSOR identifies, according to its criteria, that the data given by the LICENSEE is incomplete, inaccurate, outdated or untrue, the LICENSOR may, irrespective of any notice to the LICENSEE, cancel the latter’s access to the Services, regardless of any notice to the LICENSEE, without this generating any right to the LICENSEE or charge upon the LICENSOR.
2.4. The LICENSEE declares that every time it wishes to activate the Services, you must log in to the OYO software, stating its personal login and password. The login and password are for the personal and non-transferable use of the LICENSEE, being entirely responsible for maintaining absolute confidentiality concerning this data and not sharing it with any third party.
2.5. The LICENSEE expressly agrees that its registration will be maintained by the LICENSOR and that its information will be provided to competent authorities in judicial cases.
2.6. Any and all use of the Services or any other service or product on the Internet or outside it, with a mention of the personal login and password of the LICENSEE will be the total, integral, sole and exclusive responsibility of the LICENSEE, which is why the LICENSEE will maintain the LICENSOR free and exempt from any charge, duty or liability arising from or in any way related to the use of the LICENSEE’s personal login and password.
2.7. The LICENSEE undertakes to notify the LICENSOR immediately of any unauthorized use of its password or account or any other breach of security of which it becomes aware, via the e-mail firstname.lastname@example.org.
2.8. The LICENSEE acknowledges that the Service is provided in the form in which it is made available and that LICENSOR is not and will not be responsible for exclusion, non-delivery or failure in filing any data or information registered by the LICENSEE.
2.9. In addition, the LICENSEE acknowledges that the Service is provided in the manner in which it is available, without any guarantee of performance or range of specific results. The LICENSOR will use its best efforts to make the Service work to the best of its ability. However, given the very nature of the Service, the guarantees provided by the LICENSOR are limited.
2.10. The LICENSEE expressly declares and undertakes not to perform any activity that interferes with, interrupts or damages the Service (or the servers, equipment and networks related to the Service, whether belonging to the LICENSOR or of third parties), as well as documents, files and all types of content stored on its IT equipment (hacking).
2.11. The contracting of the Services is not of a commercial nature, which is why the LICENSEE acknowledges and accepts that it cannot reproduce, duplicate, copy, sell, market or resell the Service for any purpose.
2.12. The LICENSEE undertakes to use the Services in accordance with the law, morality and good manners, as well as observing the terms and conditions contained in this contract. The LICENSEE also undertakes to refrain from using the Service for illicit purposes or effects, prejudicial to the rights and interests of third parties.
2.13. The LICENSEE acknowledges and agrees that LICENSOR does not endorse the content of any communications transmitted by its users, contained in the servers or equipment of LICENSOR and/or its partners and, as provided above, is not responsible for any illegal, defamatory material violating privacy rights, or is abusive, threatening, discriminatory, obscene, libellous or otherwise objectionable or infringes or may infringe on the intellectual property rights or other rights of third parties.
2.14. The LICENSEE expressly agrees and is aware that the LICENSOR will have no liability, whether contractual or non-contractual, for any pecuniary or moral damages, including, without limitation, damages for loss of profits, loss of commercial backing or information or other intangible losses resulting from:
a) use or inability to use the Service;
b) cost of acquiring goods or other services arising from the purchase of goods, information and data by or through the service or receiving messages or transactions established in or through the Service;
c) unauthorized access to the LICENSEE’s transmissions or information, as well as their alteration;
d) guidance or conduct of third parties on the Service;
e) for reasons of force majeure or fortuitous cases and acts committed by the LICENSEE itself;
f) for the improper or inappropriate use of the Services;
g) for the violation of any rule or condition applicable to the use of the Services.
2.15. The LICENSOR grants to the LICENSEE a simple license to access and use the Software, which will be personal, non-transferable and non-exclusive to install the Services as provided herein. The license hereby granted does not allow the LICENSEE, or any third party to copy, modify, create derivative works, reverse engineer or disassemble the Software or any commit any act to discover its source code, as well as sell, consign, sublicense, grant a guarantee or otherwise transfer any right with respect to the Software.
2.16. The limitations of the LICENSOR mentioned in this clause will apply independently of the LICENSOR so that it has or has not been alerted or that it should be aware of the possibility of verifying such losses.
2.17. The LICENSOR will guarantee the storage of the LICENSEE’s data in the OYO Software, within the following limits:
a) Plus Plan: up to 15 GB of storage in the system;
a) Premium Plan: up to 50 GB of storage in the system.
3. THE TERM
3.1. This contract is concluded for an indefinite term, from the option of the LICENSEE to accept this Contract electronically, thus making the Services available to the LICENSEE for an indefinite period, until the termination of this Contract for any reason.
4.1. The LICENSEE will pay the LICENSOR the remuneration of the respective plan selected according to the periodicity defined between the payment options available to the LICENSEE at the time of the contracting.
4.2. If the LICENSEE, during the term of this documents opts for another licensing plan, the remuneration will be changed according to the chosen plan.
4.3. Failure to pay on the due dates will result in the suspension of access to the SOFTWARE until the financial issues are settled.
4.4. Upon suspending access to the SOFTWARE, the LICENSOR will keep the LICENSEE’s information posted on the software for a period of 30 (thirty) days, counting from the suspension of access.
4.5. If the suspension lasts for more than 30 (thirty) days, the LICENSOR may fully exclude the information released on the SOFTWARE by the LICENSEE.
4.6. The LICENSOR may, at least 30 days in advance, change the prices charged for the service, communicating this change to the LICENSEE via electronic means.
5. FREE EVALUATION
5.1. The LICENSOR will make available to the LICENSEE a free evaluation of the Services in the Premium Plan, during the first 15 (fifteen) days of registering in the system.
5.2. At the end of 15 (fifteen) days, the LICENSEE should subscribe to one of the available plans to guarantee the continuity of the services.
5.3. After the free evaluation period, if the LICENSEE does not subscribe to one of the available plans, access to the system will be blocked.
5.3.1. The LICENSOR will keep the LICENSEE’s information posted to the system for a period of 15 (fifteen) days, counted from blocking the access.
6. CANCELLATION / CANCELLATION OF SERVICE
6.1. The LICENSEE expressly acknowledges that, if it wishes to cancel the Services at any time, simply request the cancellation of the Services through the means offered in the tool or send an email to email@example.com.
6.2. The LICENSEE further declares that by cancelling the Service, the LICENSOR may delete the information entered by the user in the system, without this generating any right to the LICENSEE or charges on the LICENSOR.
6.3. In case of cancellation and/or withdrawal by the LICENSEE, the prices paid by the LICENSEE will only be refunded if the cancellation occurs within 7 (seven) days from the date of payment.
7. TECHNICAL SUPPORT FOR SERVICE
7.1. The LICENSEE understands and agrees that the Services under this Contract do not grant the LICENSEE any right to receive any support, assistance, service or any form of technical support in connection with the Service. The use of the Service will be at the full risk of the LICENSEE, and the LICENSOR is only agreeing to provide the Service in accordance with the terms set forth in the Terms of Service. The only subsidies the LICENSEE will have access to will be the instructions on how to use the services contained on the site, without this generating any charges to the LICENSOR and to which the LICENSEE already expressly consents to and adds.
8.1 The LICENSOR will not guarantee the use of the Service meeting the requirements of the LICENSEE nor will the use of the Service remaining uninterrupted, secure or free of error verification.
8.2. The LICENSOR is not and will not be responsible:
a) for repairing damages of any nature caused by the violation of privacy or the data security of the LICENSEE when connecting its computer to the Internet through third parties;
b) losses and damages caused to the LICENSEE or to any third party, including but not limited to loss of income, loss of profits, interruption or non-performance of business, loss of information as well as trade and industry secrets, as a result of any failure in the services;
c) damages caused by programs harmful to the LICENSEE’s equipment (such as, but not limited to, viruses and trojans), even if such files and programs have been received by a LICENSEE email account registered under this document.
9. THE GENERAL DATA PROTECTION REGULATION – GDPR
9.1. LICENSOR seeks to comply with all of its processes in the GDPR, in order to guarantee the protection of data of its LICENSEE.
9.2. The LICENSEE acknowledges and guarantees compliance with the General Data Protection Regulation when using the SOFTWARE.
9.3. For matters related to the GDPR, LICENCIANTE makes available to the LICENSEE exclusive email firstname.lastname@example.org for any questions, doubts and clarifications.
10. GENERAL PROVISIONS
10.1. The LICENSOR may, at any time, assign the rights and obligations set forth in this contract to any of its partners, as well as to any affiliated company, regardless of any notice to the LICENSEE.
10.2. If any provision of this contract is considered null, void, invalid or inoperative, no other provision of this contract will be affected as a consequence thereof, and therefore the remaining provisions of this contract will remain in full force and effect as if such a null, void, invalid or inoperative provision is not contained in this contract.
10.3. The LICENSEE agrees that the LICENSOR may disclose the concluded contract for commercial purposes, mentioning the name and brand of the LICENSEE in commercial campaigns, and may even divulge messages sent in written or oral form, by telephone, for use in websites, newspapers, magazines and other campaigns, while this contract is in force. The LICENSEE further agrees to receive email notifications about training, partnerships and campaigns related to the SOFTWARE.
10.4. With this act, the LICENSEE expressly authorizes the LICENSOR to collect and use its technical and operational data present in the SOFTWARE for purposes of studies and improvements of the SOFTWARE.
10.5. The terms and conditions contained in this contract may be updated or modified at any time at the LICENSOR’s discretion, regardless of any prior notice to the LICENSEE. It is up to the LICENSEE to be constantly updated of these Terms and Conditions on Use of the Services at any time by accessing the electronic address http://www.oyo.pt/termosecondicoesdeuso.pdf. In spite of this, whenever changes in the conditions of these Terms and Conditions on Use indicate limitations on the use of the Services by the LICENSEE, the LICENSOR agrees to inform the LICENSEE about such modifications via email. If the LICENSEE does not agree to such changes, it is enough to cancel its service account.
10.6. The LICENSEE acknowledges and agrees that the LICENSOR may, under its sole discretion, stop (permanently or temporarily) providing the Service (or any part of the Service) to the LICENSEE or the majority of users without prior notice.
11.1. The PARTIES choose the Court of the city of Lisbon, Portugal, as the sole authority to address any doubts or disputes arising from this Contract, waiving all others, however privileged they may be.
12. DECLARATION OF ACCEPTANCE
12.1. The above terms and conditions apply to the use of the OYO Organize Your Office Software. The LICENSEE hereby declares that it is aware of the rights and obligations arising from this contract, and that this document constitutes a full agreement between the parties. The LICENSEE further declares that it has read, understood and accepted all the terms and conditions.