These are the Terms of Service (“Terms”), of a general nature, which regulate the relationship between RDORVAL SOLUÇÕES EM TECNOLOGIA, hereinafter referred to as RDORVAL, a Brazilian company, headquartered in the city of Campo Grande, State of Mato Grosso do Sul, duly registered with Brazilian ID (CNPJ) No. 10.851.268/0001-90, software development company, and the services object of this term, developed solutions that may include websites, applications for mobile devices, systems, databases, and technologies, and the CLIENT, also a company, defined as the contracting party, owner and controller of the data generated by the solutions developed by RDORVAL, through a tailored development contract signed between both parties, herein called SERVICES.
By using the RDORVAL SERVICES, the CLIENT fully agrees with these terms.
About CLIENT Data
When using RDORVAL’S SERVICES, the CLIENT enters various data and this data is owned by him and not by RDORVAL. RDORVAL does not have and will never have any ownership over them. However, RDORVAL as a data developer, manipulator and operator, sometimes needs to retain this data, make backups, process and maintain them in order to ensure their integrity and availability. So, it is possible that RDORVAL has the need to store, access and process this data. Using RDORVAL SERVICES, the CLIENT gives permission to do this directly and through third parties in its strict confidence.
About the property of RDORVAL
RDORVAL is not responsible for the data generated by the SERVICES created for the CLIENT. In fact, the CLIENT is solely responsible for this. Therefore, the CLIENT must enter and share data if they have all the rights associated with them, especially the intellectuals. RDORVAL is not responsible for intrusions, improper access, tampering, manipulation or deletion of your data, made by authorized or unauthorized third parties, and even less for malpractice or accidents in the CLIENT’s infrastructure. RDORVAL has no obligation to host or allocate the SERVICES developed for the CLIENT. It is up to the CLIENT to provide the infrastructure for the allocation of the SERVICES developed, under the indication and approval of RDORVAL.
RDORVAL is responsible for the development of the SERVICES, as contracted by the CLIENT, and only after authorization and approval, it may publish in official infrastructure, for use by the CLIENT’s users. The SERVICES must comply with the worldwide standards of usability, quality and performance, established in a contract between RDORVAL and the CLIENT.
It is RDORVAL’s wish that the CLIENT use all the resources of the SERVICES developed to work productively. However, it is unacceptable for the CLIENT to use them to support activities for purposes:
- Pornographic, prejudiced, racist or offensive;
- Of incitement or apology for crime or information about illegal activities;
- Pornographic material or illegal activities including those under the age of eighteen (18);
- Relating to software piracy;
- Material protected by copyright or industrial rights, the use of photos, texts, sound files or videos is prohibited without the authorization of the representative of the work or company responsible.
In addition, it is expressly forbidden:
- The use of the SERVICES outside the conditions established here;
- Rent, lease, resell, assign or transfer the SERVICES development contract to another CLIENT, without the consent of RDORVAL.
About RDORVAL’s offer modality
RDORVAL SERVICES are available exclusively, by contract, through a temporary, limited, non-exclusive, non-transferable and revocable system Use License. The CLIENT acknowledges that it has not purchased RDORVAL, but only holds a license to use the SERVICES developed by it. Under no circumstances will the CLIENT have access to the source code of RDORVAL’s products, but only the SERVICES generated and defined by contract, within pre-defined rules.
In each contract, RDORVAL makes available to the CLIENT different forms of technical and administrative support. The contracting of any RDORVAL support plan does not guarantee the CLIENT any technical support that exceeds the provisions of this document or existing contract. If it identifies any failure, vulnerability, instability or incident involving RDORVAL SERVICES, the CLIENT agrees to maintain confidentiality and to inform the company immediately, through the address email@example.com or other means made available.
RDORVAL is not obliged to perform or provide backup “Backups” of the CLIENT’s data stored in the SERVICES, and the CLIENT is responsible for using the tools available on the platform to export their data, whenever it suits them. The CLIENT understand that in the face of a deletion or deletion of your data, by the CLIENT or third parties, we may not have previous versions of your recoverable database.
The CLIENT may cancel the SERVICES contract with RDORVAL at any time, but will not be refunded under any circumstances, even in cases where the SERVICES are not used, except in the cases provided for by law or contract.
Limitation of Liability
To the extent permitted by law, under no circumstances shall RDORVAL, its affiliates, suppliers or distributors be liable for any indirect, special, incidental, punitive, exemplary or consequential damages, or for any loss of use, data, business or profits, regardless of legal theory, whether or not RDORVAL has been advised of the possibility of this indemnity, and even if a guardianship does not achieve its essential purpose.
Integrality of understandings
These Terms Terms the entire agreement between the CLIENT and RDORVAL, and cancel and replace other prior or contemporaneous agreements. They do not create any third-party beneficiary rights.
Resignation, independence of clauses and assignment
The fact that RDORVAL does not demand the fulfillment of something that is agreed upon here does not constitute a resignation of the right to do so later. If a provision is found to be void, as provided in the Terms, it will remain in full force and a valid term will replace the void term, reflecting the intent as much as possible. The CLIENT shall not assign any of its rights under these Terms and any attempt to do so will be void. RDORVAL may assign its rights to any of its affiliates or subsidiaries or to any party that succeeds it in the participation of any company associated with us.
Term of Effectiveness and Modifications
The term of these Terms is indefinite.
These Terms may be, and will likely be revised from time to time, and the most up-to-date version will be posted on our website. The CLIENT will be notified through his e-mail registered with RDORVAL if a review significantly reduces his rights. If the CLIENT continues to access or use the SERVICES after the revisions take effect, it is understood that the CLIENT agrees to abide by the revised Terms.
Version of October 4, 2021