BUSINESS-TO-BUSINESS CONTRACTING ONLY
1.1. These Terms of Use (“Terms”) govern access to and browsing of the website and portal of [LICENSOR’S CORPORATE NAME] (“Licensor”), available at [WEBSITE URL] (“Site”), including institutional pages, informational content, contact forms, and the registration area.
1.2. These Terms do not govern the license to use the IT infrastructure monitoring software offered by the Licensor, which is governed by a separate instrument — the Software License Agreement (EULA). In the event of a conflict between these Terms and the EULA specifically regarding the license, operation, or liability for the software, the EULA shall prevail. In all other matters relating to use of the Site as such, these Terms shall prevail.
1.3. Access to the Site is intended exclusively for legal entities and their representatives, within the scope of business (B2B) relationships, and the provisions on the business nature of the instrument and the presumption of parity set forth in Section 1 of the EULA apply on a subsidiary basis.
2.1. Access to and browsing of the Site, as well as registration, constitute full acceptance of these Terms.
2.2. By registering on behalf of a legal entity, the user represents and warrants that they hold sufficient authority to do so, and shall be personally liable for any excess or abuse of such representation.
3.1. Certain areas of the Site may require prior registration, including the provision of corporate and contact information for the user’s representative.
3.2. The user is solely responsible for the accuracy of the information provided upon registration and for safeguarding their access credentials, being liable for all use made through them.
3.3. The Licensor may suspend or cancel registrations that contain false or incomplete information or that violate these Terms.
4.1. In using the Site, the user shall not:
a) use the Site for unlawful purposes or in a manner inconsistent with its institutional and commercial purpose;
b) attempt to gain unauthorized access to the Licensor’s systems, servers, or databases;
c) engage in reverse engineering, automated data extraction (scraping), or any other unauthorized exploitation of the Site’s content;
d) transmit viruses, malware, or any other malicious code through the Site.
5.1. All content on the Site — text, images, layout, trademarks, logos, and other elements — is owned by the Licensor or third-party licensors, protected under applicable intellectual property law, and its reproduction, distribution, or unauthorized use is prohibited.
5.2. The foregoing is without prejudice to the intellectual property provisions concerning the Software, which are governed by Section 5 of the EULA.
6.1. The Site may contain links to third-party websites. The Licensor is not responsible for the content, availability, or privacy practices of third-party websites, which are accessed at the user’s own risk.
7.1. The Site is provided “as is” and “as available,” without warranty of uninterrupted availability, absence of errors, or compatibility with any particular access configuration used by the user.
7.2. Under no circumstances shall the Licensor be liable for indirect damages, lost profits, or data loss arising from the use or inability to use the Site, except in cases of willful misconduct or gross negligence by the Licensor.
7.3. Limitation of liability for the operation of the licensed Software, as distinct from the Site, is governed exclusively by Section 10 of the EULA.
8.1. These Terms may be revised and unilaterally amended by the Licensor at any time, upon publication of the updated version on the Site at least thirty (30) days in advance, and continued use of the Site after such amendments take effect shall constitute tacit acceptance.
9.1. The Licensor may suspend or terminate a user’s access to the Site at any time, in the event of breach of these Terms, without prejudice to any applicable legal remedies.
10.1. The tolerance by either party of a breach of any provision of these Terms shall not imply a waiver of the right to enforce it thereafter.
10.2. If any provision of these Terms is held to be null or ineffective, the remaining provisions shall remain in full force and effect.
11.1. These Terms are governed by the laws of the Federative Republic of Brazil.
11.2. The courts of the Judicial District of São Paulo, Capital of the State of São Paulo, Brazil, are elected to settle any disputes arising from these Terms, to the exclusion of any other.
