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General Terms and Conditions

– Welcome to Roket4Solutions –
Thank you for visiting us, and we hope that all the services we offer are of interest to you. Please read these General Terms and Conditions of Use carefully as they constitute a binding agreement between you and Roket4 Solutions.
These General Terms and Conditions of Use come into effect on 01 of March, 2023.

GENERAL TERMS AND CONDITIONS OF USE OF ROKET4SOLUTIONS

 

Preamble:
Roket4Solutions LDA and Roket4Solutions GmbH along with their subsidiaries and affiliates ("Roket4") provide information about products and services they have developed, licensed, or otherwise supplied to a User ("Services") on their website(s) (the "Site") or through offers and commercial proposals for the provision of Services ("Proposal") in accordance with the following General Terms and Conditions of Use of Roket4 ("General Terms").
By accessing and/or using the Site, you, a user of the Site and/or Services (“User”), declare your full agreement with these General Terms.
By indicating your agreement with any Proposal from Roket4, you unequivocally declare that you have read and fully agree with these General Terms.
Roket4 may, at any time, edit and promulgate usage policies, data protection policies, privacy policies, cookie usage policies, among others ("Roket4 Policies"). The User's agreement with these General Terms expresses their respective agreement with Roket4 Policies.
The General Terms defined herein prevail over any conflicting information and documents, including the Site and Roket4 Policies. In case of omission in a Proposal, the General Terms apply. Specific conditions provided in a Proposal prevail over the General Terms.
The Proposal will be valid for the period determined or up to the standard period of 30 (thirty) days from the date it is sent by Roket4 to the User. Once accepted by the User, the Proposal will bind Roket4 only upon written approval of the purchase order from the client.

User Data:
The User acknowledges that during the use of the Site and throughout Roket4's operations (whether before, during, or after the provision of Services), user data may be collected, stored, and used, including access information and personal data of a User, treated in accordance with applicable data protection legislation and these General Terms.
Roket4 may request the personal and non-transferable registration of Users on the Site or in its databases through a registration form or similar, including to provide information about its Services ("Registration").
The User commits and is responsible for providing true and accurate data in the Registration. Roket4 may suspend, interrupt, or terminate any Registrations if they are used by third parties, or if the data provided is incorrect or outdated, with respective effects on the contracted Services or revocation of Proposal(s) at Roket4's discretion.
Upon Registration on the Site, the User will receive an access code, password, or login data ("Access Data"). The custody and use of the Access Data are the sole and exclusive responsibility of the User, who must keep them completely confidential. The User is responsible for all activity performed on their access account.

Information Exchange:
The information available on the Site or provided through Proposals from Roket4 is the exclusive property of Roket4 or its licensors and is protected by copyrights, trademarks, licenses, and legislation.
The User shall not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works, or otherwise use any information provided within the Services, including through the Site or Proposals.
The User commits not to modify, transport, add, delete, or otherwise tamper with the information contained on the Site or Proposal. The User also commits not to use or reproduce any software, material protected by copyrights or trademarks, trade secrets, or other information contained on the Site.
Roket4 may include on its Site links that refer to internet pages, content, and resources of third parties, which are not under its responsibility and which the User acknowledges as fully independent from Roket4 Services.
The User authorizes Roket4 to obtain and exchange information regarding their credit background with market institutions in credit information systems, to provide information requested by competent authorities, and to register their name in credit protection services in case of default on assumed obligations.
The User authorizes Roket4 to include their logo on the Site.

Payment and Delivery of Services:
The User will pay for the Services offered by Roket4 according to the amounts provided in the Proposal and based on the conditions, deadlines, and payment methods also defined in these General Terms when not otherwise specified in the Proposal ("Payments").
All amounts provided in a Proposal are a non-binding estimate from Roket4, which may adjust them to the reality of the contracted Services, including during their development by Roket4.
Any Payments due to Roket4 will be made via bank transfer or any other payment method determined in a Proposal within a maximum of 7 (seven) calendar days from the issuance of the respective fiscal document by Roket4. The User must make all due Payments according to the periodicity indicated by Roket4 in a Proposal or upon the delivery of the Services, regardless of their nature.
Any payments eventually due by Roket4 will be made within 30 (thirty) days after receiving the pertinent fiscal document.
Each party will bear the taxes applicable to them by force of current legislation, applying to the Proposal the taxes related to the provision of Services, including but not limited to taxes on service provision, goods transportation, financial operations, and, if applicable, on added value.
Any delay or inaccuracy in payments will result in a non-compensatory minimum penalty due by the User corresponding to 10% (ten percent) and monthly default interest at a minimum value of 6% (six percent) per year calculated pro rata die on the total amount due, plus monetary correction by the positive variation of the correction index determined in the Proposal from the first day of delay until the effective payment.
Without prejudice to the above, Roket4 may, at its sole discretion, suspend the Services, including without prior notification, in case of Payment delay exceeding 14 (fourteen) calendar days. The User acknowledges that in this case, Roket4 may include them in credit protection agencies.
The amounts of Payments will be adjusted every 12 (twelve) months from the acceptance of a Proposal by the User, applying the monetary correction determined in this period according to the index defined by Roket4. Besides the annual adjustment, Roket4 may change the value of Payments by prior notice of 30 (thirty) days to the User's electronic address.
Discrepancies regarding delivered Services will not be grounds for withholding any Payments. Any discrepancies will be resolved in good faith by Roket4, always in the best interest of the User, observing these General Terms.
All Services will be provided or delivered to the User according to market best practices and applicable legislation. Achieving better results by Roket4 depends on the User's commitment to the General Terms and other recommendations that Roket4 may provide to the User during the execution of the Services.
Roket4 may provide a documentary reference on the User's role and responsibilities during the provision of the Services.
The delivery of Services by Roket4 will start the testing and acceptance period for the User as defined in the Proposal. The Services delivered during this stage may be incomplete, inconsistent, and contain data, usability, and feature limitations. At the end of the testing and acceptance period, Roket4 will use the User's requests for final delivery parameterization of the Services.
Roket4 may offer the User a Services guarantee according to applicable legislation, always limited (i) to the scope defined in the Proposal and (ii) to the User's requests made during a testing period of the Services.
The location of the Service provision will be defined in the Proposal.

User Obligations and Prohibitions:
The software implementation service provided by Roket4 to the User is granted solely to allow the User to use purchased software as tools for their operational activities, prohibiting any other use for different purposes. The User is prohibited from assigning, sublicensing, lending, distributing, and offering these software by any means, even indirectly, to third parties.
The User is prohibited from modifying, copying, imitating, or creating similar services to those provided by Roket4 or performing any kind of total or partial reverse engineering of any of the licensed software or otherwise disrespecting the exclusive ownership of Roket4 over its intellectual property, know-how, and service provision method.
All software implemented by Roket4 is licensed and accepted in a technically perfect state, and Roket4 is not responsible for satisfaction, productivity, or results guarantees or software suitability to the User's specific needs, except as specified in a Proposal from Roket4.
The User must exempt Roket4 from any responsibilities for their employees, third parties, agents, employees, and directors from any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including, among others, attorney fees) arising from the use and access to the Services.
The User, on their own or others' behalf, commits not to (i) entice employees, providers, subcontractors, and third parties contracted by Roket4; and (ii) compete by means of negotiation, commerce, projects, production, manufacturing of products, representation of similar products to Roket4, as well as practice acts that result in commercial discredit of Roket4 during the provision of Services. Non-compliance with the above clause will be subject to liability for losses and damages as well as lost profits, in addition to penalties provided by legislation, and a non-compensatory fine for the total value of the Proposal.

Conduct of Roket4 and Limitation of Liabilities:
Roket4 will define at its sole discretion the programming, activity calendar, and responsible

 for the Services, including on-site actions.
Roket4 may appoint a Project Manager to supervise the Services and a professional to act as a contact point between Roket4 and the User.
Roket4 will oversee the implementation of the Services with total freedom of action and exclusive control over the designation, reassignment, and removal of its contracted and subcontracted professionals, including the User's professionals involved in the Services.
Roket4's responsibility for its acts, employees, directors, consultants, subcontractors, and third parties related to it is limited during the provision of the Services, particularly in the implementation of any kind of software or products, to a consultative support role, with the Services consisting of exclusively means obligations.
Roket4 is not responsible for any content provided during the execution of the Services, including but not limited to all data, text, audio, video, comments, profiles, links, images, documents, and opinions.
Roket4 may assign or limit responsibilities to itself or the User.
Roket4 is not responsible for any damages or losses of any kind, including lost profits, resulting from business interruptions and any types of incidental damages that may befall a User due to third-party acts, frauds, or misuse of software related to the Services.
Roket4 is not responsible for failures due to elements external to the software, such as, among others, electrical network failures, internal and external network connection failures, nor for failures arising from third-party software even if they are tied to the provision of Services contracted by a User.
Any potential liability of Roket4 in any situation will be limited to the total amount due by the User to Roket4 for Services offered in a Proposal accepted by the User.
The User declares being fully aware that the use of any program or computer system, whether on an internal network or the internet, is subject to third-party attacks, with Roket4 not being responsible for any damages caused of any kind if any of the implemented software suffer actions or invasions perpetrated by third parties.

Binding Scope:
These General Terms do not establish any employment, corporate, or social security link between Roket4 and the User, with no responsibility between Roket4 and the employees, outsourced workers, subcontractors, or collaborators of a User, each party remaining solely responsible for all respective costs, expenses, charges, and encumbrances of any kind.
Roket4 is not responsible for the regularity, applicability, and security of third-party software not expressly indicated on its Site and cumulatively in the Proposal presented to the User.
Regardless of any notice or consent, Roket4 may subcontract any third parties for the execution of one or more Services.
This Agreement binds, in addition to the User, their successors, regardless of the form of succession, in all rights and obligations assumed under this instrument, as well as the individuals or legal entities they represent and their affiliates.

Review and Cancellation of Services:
Termination for cause. The User or Roket4 may cancel the provision of Services with prior written notice if (a) the other party materially breaches these General Terms and, to the extent possible, does not correct the breach within a reasonable period not exceeding 10 (ten) days from written notice from the offended party; or (b) ceases its business operations; or (c) files for bankruptcy.
Termination without cause. Roket4 may cancel the provision of Services at any time and without cause by written notice to the User, ensuring Roket4 the Payments for Services already provided to the User.
Termination by mutual agreement between Roket4 and a User. Roket4 and a User may cancel the provision of Services at any time and without any burden by mutual written agreement.
Suspension. Without prejudice to the above termination rights, Roket4 may temporarily suspend the provision of Services if: (i) Roket4 understands, at its own discretion, that the User or any third party linked to it is breaching these General Terms; (ii) if the User's Payments are not made according to these General Terms or the Proposal; (iii) if the User, its employees, providers, directors, subcontractors, and any persons linked to it prevent or delay in any way the flow of the Service provision according to the schedule unilaterally defined by Roket4; and (iv) if Roket4 deems necessary to internally redistribute activities involved in the Services or to hire new employees to whom the Services will be assigned partially or entirely.

Intellectual Property:
All rights, titles, and interests in the Services are and will remain the exclusive property of Roket4. The Services are protected by legislation. The User may not use the registered trademarks, logos, and service marks ("Marks") for any purpose, including but not limited to using links or meta tags on other internet pages or sites without Roket4's written permission.
The information available on the Site or through it is the property of Roket4 or its licensors and is protected by copyrights, trademarks, and other intellectual property laws. The User may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works, or otherwise use any information available on this Site or through it for commercial or public purposes.

Personal Data Protection:
Personal Data Processing. Roket4 will comply with all applicable legislation regarding the processing of Personal Data, including in the Federative Republic of Brazil Law No. 13.709/2018 (LGPD) and Law No. 12.965/2014 (Marco Civil da Internet) and the Regulation (EU) 2016/679 in force in the European Union.
Processing Agents. In fulfilling the contractual scope, there may be a transit of Personal Data and Sensitive Personal Data of individuals, collaborators, third parties generally in possession of a User who will act as "Controller/Data Processing Manager" and Roket4 who will act as "Processor/Subcontractor" under the applicable legislation.
Database Ownership. All Personal Data and related information will remain under the exclusive ownership and custody of the User. There will be no transfer of the User's database ownership to Roket4 even if Roket4 performs the processing of Personal Data.
Authorizations from Data Subjects. The User declares having all legal authorizations from the "Data Subjects" who may work together with Roket4 in providing the Services. The User will exempt Roket4 from any responsibility, compensation, or liability.
Exercise of Rights by Data Subjects. If a Data Subject questions Roket4 about the processing of their Personal Data and/or requests the exercise of any of their rights provided by applicable legislation, Roket4 will forward the requests to the User, who will comply with them at their expense.
Sharing. Roket4 will not share Personal Data accessed unless necessary to comply with applicable legislation. Roket4 may, at its discretion, process Personal Data accessed due to legislative updates within its attributions defined in a Proposal.
International Data Transfer. The international transfer of Personal Data for the fulfillment of the Service scope is authorized in compliance with the mechanisms provided in Law No. 13.709/18 together with Regulation (EU) 2016/679.
Deletion of Personal Data. Roket4 may return to the User or delete the Personal Data it has processed after (i) the end of its contractual relationship with the User; or after (ii) receiving specific instruction from a User for the deletion of Personal Data by Roket4.
General Responsibility and Indemnity. The User will be responsible for themselves and their Collaborators for the processing of Personal Data within the Services and will keep Roket4 free from any responsibilities, damages, or direct and indirect losses arising from any Personal Data processing operation.

General Provisions:
Roket4 reserves the right to modify these General Terms or the conditions applicable to its Services at any time. Roket4 Service Users will be notified of changes so that they can communicate their disagreement and opt for the termination of contracts signed with Roket4. The silence of a User until the effective date of the change will imply their respective agreement with the modified General Terms. These Terms and Conditions come into effect on 1 of March 2023.
If any of the terms, clauses, or obligations provided in this Agreement becomes ineffective or unenforceable, this will not affect the validity or enforceability of the others, which must be faithfully fulfilled. The term, clause, or obligation that is invalidated must be replaced by another that reproduces its substance with a similar practical result.

Legislation and Forum:
The General Terms are subject to all international, federal, state, and municipal laws and regulations in force and applicable to Roket4 within its headquarters and commercial operations.
The legislation defined specifically in each Proposal and, in case of omission, Portuguese law, will apply to Roket4 and the Client within the scope of the service provision.
The User commits not to use the Site in any way that infringes any laws or regulations or puts Roket4 in a position of non-compliance with the legislation to which it is subject.
Any doubts or disputes arising about or resulting from these General Terms or Roket4 Policies will be resolved before the general court of Faro, Portugal.
In case of doubts or disputes involving a User based in Germany, the subsidiary election forum now defined in Lingen, Germany, will apply.

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