Mentions légales & conformité

In this Agreement, unless the context requires:

1. The singular includes the plural and the vice versa;

2. Titles are for convenience only and do not affect interpretation;

3. A reference to this Agreement or any other document includes the document, all times and annexes, as again amended, supplemented, varied or replaced from time to time;

4. The words from which the initial letter is capitalized have meanings defined under the following conditions. The following definitions should have the same meaning, regardless of whether they appear in the singular or plural.

Unless defined in a quote, the following words will mean:

Application - means the software program provided by the Company used by You on any electronic device.

App Store - means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) where the App was downloaded.

Country - refers to Portugal

Company (also called 'Company', 'We', 'Our' or 'Our') - refers to MAIN PERFECTION - LDA, based at Campo Grande nº28 4ºB 1700-093 Lisboa.

Device - any device that can access the Service, such as a computer, mobile phone, or digital tablet.

The service - refers to the Application.

Terms and Conditions (also referred to as 'Terms', 'Agreement' or 'Agreement') - refer to these Terms and Conditions that constitute the entire agreement between you and the Company on the use of the Service.

Third-party Social Networking Service - any services or content (including data, information, products, or services) provided by third parties that may be displayed, included or made available by the Service.

You (also referred to as 'Sr' or 'Customer') - Refers to the individual accessing or using the Service, or the company, or other legal entity on whose behalf that individual is accessing or using the Service, as applicable.

Business day - means a day that is not a Saturday, Sunday or holiday in Lisbon, Portugal.

Working hours - period from 9:00 am to 5:00 pm on a Business Day;

Account - An account is an established technique for connecting a user and an information service and/or computer network. User accounts determine whether a user can connect to a computer, network, services, and more. A user account is one of the methods to authenticate an individual to a system to receive the necessary access to that system resources.

Intellectual Property - includes all intellectual and industrial property rights worldwide, regardless of whether it survives now or in the future and includes all copyright and similar rights, all rights relating to inventions (including patent rights), trademarks and unregistered trademarks, designs (registered or not) of schemes, trade names, trade secrets, trade secrets, business names, customer names, or internet domain names. Our Intellectual Property includes the Software.

SaaS Service - means our Software as a service, which refers to a system of management, creation, and validation of digital assets, and to all our APIs. These provide for the capabilities, among others, of:

1. Creation, management, manipulation, alteration, removal, and transfer of a. Digital wallets b. Non-fungible-tokens (NFTs) c. Smart Contracts (SC) d. Tokens e. Documents (images, files, videos, among others)

2. Integration, on all devices, code, service, server, or script of the Company's APIs. API - means application programming interface.

Fees - means the amounts set forth payable per request, including the subscription of all Services (if applicable).

Request - All activity that originates the creation, editing, validation and/or transfer of digital assets or assets such as Wallets, Smart Constracts and NFTs. That is, a request can be defined as any interaction with blockchain or ROOTKey systems.

These are the Terms and Conditions governing your use of this Service and the agreement between you and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditional on your acceptance and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms and Conditions. If you do not agree to any part of these Terms and Conditions, then you will not be able to access the Service.

Your access to and use of the Service is also conditional on your acceptance and compliance with the Company's Privacy Policy and Cookie Policy. Our Privacy Policy describes our policies and procedures for the collection, use and disclosure of your personal information when you use the Application or the Website and informs you about your privacy rights and how the law protects you, while the Cookie Policy describes the cookies that may be collected and the purpose for which they may be used. Please read our Privacy policy and Cookies carefully before using Our Service.

The Company reserves the right to:

1. Review the Price of any of your Services at any time and without notice;

2. Vary the types and quantities of add-ons, functions, features and/or other Services that may be offered to you by the Company at any time without notice.

All Intellectual Property in the Software and Services developed, adapted, modified, or created by us or our Staff is and will remain the sole property of us or our third-party service providers. You must not, without our prior written consent:

1. Copy or use, in whole or in part, any of our Intellectual Property;

2. Reproduce, retransmit, distribute, disclose, sell, publish, transmit or circulate any of our Intellectual Property to third parties;

3. Reverse assembly, reverse engineer, reverse build, strengthen or improve services;

4. Violate any Intellectual Property Rights linked to the Software or Services, including altering or modifying any of our Intellectual Property;

5. Make any of our Intellectual Property fit or incorporated into another website; or creation of derivative works from any of our Intellectual Properties;

6. Resell, assign, transfer, distribute or make available the SaaS Services to third parties;

7. 'frame', 'mirror', mirror or serve any of the Services on any web server or other computer server over the Internet or any other network;

8. Alter, remove or tamper with any trademarks, any patent or copyright notices, any legend or notice of confidentiality, any numbers or any other means of identification used in the Services or Software;

Notwithstanding anything to the contrary in this Term or elsewhere, we may monitor, analyze and compile statistical and performance information based on and/or related to your use of the Services in an aggregated and anonymized format (Statistics). You agree that we may make this analysis available to the public if:

1. Does not contain identifying information.

2. It is not compiled using a sample size small enough to make the underlying data identifiable. We and/or our licensors own all rights, titles, and interests of statistics and in all related software, technology, documentation, and content provided in connection with the statistics, including all Intellectual Property rights in the foregoing.

As between us,

1. All Data is and continues to be your property, and

2. Retain all rights, titles and interests in the Data, including all copies, modifications, extensions and works derived therefrom.

Grant us a limited license to copy, transmit, store and back-up or access the Data during the Term solely to:

1. Provide you with the Services (including to allow you and your Staff to access and use the Services);

2. Diagnose problems with the Services;

3. Improve and otherwise modify the Services;

4. Develop other services, as long as we identify the data; and

5. As reasonably necessary to fulfill our obligations under this Term.

You must, at all times, ensure the integrity of the Data and that your use of the Data complies with all laws. It represents and ensures that:

1. You have obtained all rights, releases and permissions necessary to provide us with all of your Data and to grant us the rights granted to us in this Agreement;

2. The Data and its transfer and use by us as authorized by you under this Term do not violate any Law (including those relating to export control and electronic communications) or rights of any third party, including any Intellectual Property rights, privacy rights or publicity rights, and any use, collection and disclosure authorized in this Agreement is not inconsistent with the terms of any applicable privacy policies.

We assume no responsibility for the Data. You are solely responsible for the Data and the consequences of the use, disclosure, storage, or transmission thereof.

This clause shall survive the termination or validity of this Term.

We will create an account for you (Account) so that you can access and use the Services. You should make sure that any information you provide to us or that we request as part of the setup process is complete and accurate.

We will provide you with certain Account details (such as a username and password(s)-password when we create an Account for you. It is your responsibility to keep your Account data confidential. You are responsible for all activity on your Account, including your Staff's activity and for ensuring that any activities on your Account comply with this Agreement.

You agree that we are software as a service provider and are not responsible for the management or administration of your Account.

In return for payment of fees, we grant you a non-exclusive, non-transferable license (except with our written permission), non-sub-licensable, personal, and revocable to access and use the Company's SaaS Services.

You must not (and must ensure that your Personnel do not) access or use the SaaS Services, except as permitted by the SaaS License and shall not allow anyone else to:

1. Use the SaaS Services in any way that violates any applicable laws or violates the rights of any person, including intellectual property rights;

2. Use the SaaS Services to sell illegal products and/or services, including, but not limited to, weapons, drugs and sexual services;

3. Use the SaaS Services to transmit, post or report defamatory, offensive, abusive, indecent, threatening or unwanted material;

4. Use the SaaS Services in any way that damages, interferes with or disrupts the provision of the SaaS Services;

5. Introduce malicious programs into our hardware and software or systems, including viruses, worms, Trojan horses, and email bombs;

6. Reveal your Account password to others or allow others to use your Account (other than Your Staff);

7. Use the SaaS Services to exploit security flaws or cause disruption on other networks;

8. Use any program/script/command, or send messages of any kind, with the intention of interfering with or disabling any person's use of the SaaS Services;

9. Send any form of harassment via email, or any other form of messages, whether through language, frequency or size of messages or using the SaaS Services in violation of anyone's privacy (e.g., identity theft or 'phishing');

10. Use the SaaS Services to bypass your authentication or security of any of your networks, accounts, or hosts or your fundraising participants.

We will provide help videos and documentation to help you use the SaaS Services.

During the Period, we will provide you with technical support services via email or chat, provided that, where necessary, you help us investigate and investigate the cause of the failure and provide us with access to all necessary information relevant to the failure (including what you did in relation to the failure). Technical support services are provided during working days and working hours.

Please note that all support and support services vary depending on the support package chosen under the current conditions.

You warrant and agree that:

1. There are no legal restrictions preventing you from agreeing to this Agreement;

2. You are not subject to an Insolvency Event;

3. You will cooperate with us and provide us with all assistance, resources, data, persons, information, facilities, access and documentation that is reasonably necessary in order to perform the Services, and otherwise requested by us from time to time, and in due time;

4. All information and documentation you provide to us in connection with this Agreement is true, correct and complete and you acknowledge and agree that we will rely on such information and documentation to provide the Services;

5. You will inform us if you have reasonable concerns regarding our provision of services under this Term, with the purpose of the parties making every reasonable effort to address their concerns;

6. You are responsible for obtaining any consents, licenses, authorities, and permissions from other parties necessary for the Services to be provided in accordance with this Term at your cost and for providing us with the necessary consents, licenses, authorities and permissions.

7. You are responsible for your own taxes;

8. Maintain the confidentiality and security of any of your Account data or passwords

Each party (Recipient) shall keep confidential, and not disclose, any Confidential Information of the other party (Discloser), except:

1. If permitted by this Agreement;

2. With the prior written consent of the Publicist;

3. When Confidential Information is received from a third party, unless there has been a breach of trust;

4. On a confidential basis, 'need to know' to the Recipient's Staff, auditors, insurers, agents, and professional advisors; or

5. When the Recipient is required to do so by law, if he/she informs the Discloser in writing prior to disclosure.

The Recipient shall only use the Confidential Information of the Discloser for the purpose for which it was disclosed and in the context of this Term.

This clause shall survive termination or validity of this Agreement.

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for the content, privacy policies or practices of any third-party websites or services. You further acknowledge and agree that the Company will not be liable, directly, or indirectly, for any damages or losses caused or alleged caused by or in connection with the use or reliance on such content, goods or services available on or through such websites or services.

We strongly advise you to read the terms and conditions, privacy policies and cookie policies of any third-party websites or services you visit.

The parties may terminate this Agreement by:

1. Mutual agreement signed;

2. Quotation by mutual agreement;

3. Use of the Account removal feature on the Services (where applicable).

4. To the extent permitted by law, either party may terminate this Agreement if the other party;

5. you have breached a material period of this Agreement and have not remedied such breach within 20 working days of receipt of the notice, subject to any other express right of withdrawal;

6. Ceases operation without successor;

7. You are subject to an Insolvency Event.

On the termination of this Agreement:

1. You must stop using the Services and we will stop providing the Services;

2. You agree that any payments made are not refundable to you;

3. You must pay all Services provided under the Agreement, including services that have been performed and have not yet been invoiced to you, as well as all other amounts due and under this Agreement, including in connection with compensation, within 5 working days of termination;

4. You agree to return (where possible) or delete or destroy (where it is not possible to return) our Confidential Information and Intellectual Property, and/or documents that contain or relate to our Confidential Information and Intellectual Property;

5. We agree to return (whenever possible) or delete or destroy (where it is not possible to return), your Confidential Information and Intellectual Property, and/or documents that contain or relate to your Confidential Information and Intellectual Property, unless we are required by law or regulatory requirements to retain such information.

You must, within one month of the termination or validity of this Agreement, copy all your Data about the Services and allow you access to the Services during this period for the purposes of such copying only. After this period, we will have the right to permanently delete all Data about the Services.

The rights, obligations and accumulated penalties of the parties are not affected by the termination of this Agreement.

This clause shall survive termination or validity of this Agreement.

Notwithstanding any damages you may suffer, all liability of the Company and any of its suppliers under any provision of these Terms and its exclusive reparation for all of the above shall be limited to the amount actually paid by you through the Service or 100 euros if you have not purchased anything through the Service.

To the fullest extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect or consequential damages (including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury, loss of privacy arising out of or in any way related to the use or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any vendor has been advised of the possibility of such damages and even if the solution fails in its essential purpose.

The Service is provided to You 'As is' and 'As Available' and with all faults and defects without warranty of any kind. To the fullest extent permitted by applicable law, the Company, on its behalf and on behalf of its Affiliates and their licensors and service providers, expressly declines all warranties, express, implied, legal or otherwise, with respect to the Service, including all implied warranties of mercerization, fitness for a particular purpose, title and non-infringement, and warranties that may arise outside of the business course, performance course, use or business practice. Without limitation to the foregoing, the Company makes no warranty or commitment, and makes no representation of any kind that the Service meets Your requirements, obtains any intended results, is compatible with or works with any other software, applications, systems, or services, operates without interruption, meets any performance or reliability standards or will be error-free or that any errors or defects may or will be corrected.

Without limiting the foregoing, neither the Company nor any supplier of the Company is making any representation or warranty of any kind, express or implied:

1. The operation or availability of the Service, or the information, content and materials or products included therein;

2. That the Service is uninterrupted or error-free;

3. As to the accuracy, reliability or currency of any information or content provided through the Service;

You acknowledge and agree that:

1. The provision of the Services may be dependent on or impacted by third parties, end-users, suppliers, other subcontractors;

2. Not with all other contrary, to the extent permitted by law, we shall not be liable, and shall not be liable, for any breach or violation of these Terms or laws, if such breach or breach was caused or contributed by any Third Party Inputs.

This clause will survive termination or validity of these Terms.

If you have any concerns or disputes about the Service, you agree to first attempt to resolve the dispute informally by contacting the Company.

If you are a consumer of the European Union, you will benefit from any mandatory provisions of the law of the country in which you reside.

You represent and warrant that:

1. You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a country of 'terrorist support', and

2. You are not listed on any United States government list of prohibited or restricted parties.

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be amended and construed to fulfill the objectives of that provision as far as possible under applicable law and the remaining provisions shall continue in full force and effect.

Except under this document, failure to exercise a right or to require compliance with an obligation under these Terms does not affect a party's ability to exercise that right or require such performance at any later time, nor does the waiver of a breach constitute a waiver of any subsequent breach.

These Terms and Conditions may have been translated if we make them available on our Service. You agree that the original text Portuguese in the event of a dispute.

We reserve the right, in our sole discretion, to modify or replace these Terms at any time. If a review is material, we will make reasonable efforts to provide notice at least 30 days before any new terms that take effect. What constitutes a material change will be determined in our sole discretion. By continuing to access or use Our Service after these revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Site and the Service.