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, 2025.
For our previous version of the GTC, click here.
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GENERAL TERMS AND CONDITIONS OF USE OF ROKET4SOLUTIONS
Preamble:
Roket4Solutions LDA, located at Autódromo Internacional do Algarve - Incubadoura Startup Portimão ,Sítio do Escampadinho Distrito: Faro — Concelho: Portimão — Freguesia: Mexilhoeira Grande 8500 148 Mexilhoeira; Roket4Solutions GmbH, located at Kaiserstraße 10b, 49809 Lingen (Ems), Niedersachsen, Germany, and, Roket4Solutions LLC, located at 3500 South Dupont Highway, Dovec, DE 19901, United States, together with its subsidiaries and affiliates ("Roket4"), make information about products and services developed, licensed or provided in any way to a User ("Services") on their website(s): https://www.roket4.solutions/ (the "Site") or through commercial offers and offers for the provision of Services ("Proposal") in accordance with the following Roket4 General Terms and Conditions of Use ("General Terms"). By accessing and/or using the Site, you, a user of the Site and/or Services ("User"), declare that you fully accept these General Terms. By indicating your agreement with any Roket4 Proposal, you unequivocally represent that you have fully read and accept these General Terms. Roket4 may, at any time, edit and promulgate usage policies, data protection policies, privacy policies, cookie policies, among others ("Roket4 Policies"). The agreement to these General Terms by the User expresses his/her acceptance of the corresponding Roket4 Policies. The General Terms set forth herein prevail over any conflicting information and documents, including the Site and Roket4's Policies. In case of omission in an Offer, the General Terms apply. The specific conditions set out in a Proposal prevail over the General Terms. The Proposal will be valid for a certain period or until the standard period of 30 (thirty) days from the date of submission by Roket4 to the User. After being accepted by the User, the Offer will bind Roket4 only upon the corresponding written approval of the customer's purchase order.
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User Data:
The User acknowledges that during the use of the Site and in the course of Roket4's operations (whether before, during or after the provision of Services) User data, including access information and personal data of a User, may be collected, stored and used, processed in accordance with applicable data protection legislation and these General Terms. Roket4 may requestthe personal and non-transferable registration of the User(s) on the Website or in its databases through a registration formor similar, including to provide information about its Services ("Registrationo"). The User undertakes and is responsible for providing true and accurate data in the Registration. Roket4 may suspend, interrupt or cancel any Registration if it is used by a third party, if the data provided is incorrect or outdated, with corresponding effects on the contracted Services or the revocation of Proposal(s) at Roket4's discretion. Upon registering on the Site, the User will receive an access code, password or login details ("Access Data"). The storage and use of the Access Data are the sole and total responsibility of the User, who must keep them completely confidential. The User is responsible for all activity carried out under his access account. You acknowledge and agree that failure to comply with or fail to comply with this clause shall not entitle Roket4 to any liability for loss or damage, which may, in its sole discretion, suspend the Service(s), discontinue any licensing, software functionality(s) and/or immediately cancel a Proposal, regardless of prior notification.
Exchange of Information:
The information available on the Site or provided through Roket4 Proposals is the exclusive property of Roket4 or its licensors and is protected by copyright, trademark, license, and legislation. You shall not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works from, or otherwise use any information provided in connection with the Services, including through the Site or Submissions. The User undertakes not to modify, transport, add, delete or tamper with the information contained in the Site or Proposal in any way. You also agree not to use or reproduce any software, copyrighted or trademarked material, trade secrets, or other information contained on the Site. Roket4 may include on its Website links that refer to third-party websites, content and resources, which are not under its responsibility and which the User acknowledges as being totally independent of Roket4's Services. The User authorizes Roket4 to obtain and exchange information regarding his/her credit history with market institutions in credit information systems, to provide information requested by competent authorities and to register his/her name in the credit protection services in the event of default of the obligations assumed. The User authorizes Roket4 to include its logo on the Site.
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Payment and Delivery of Services:
The User shall pay for the Services offered by Roket4 in accordance with the amounts set out in the Proposal and based on the conditions, terms and forms of payment also defined in these General Terms, when not otherwise provided for in the Proposal ("Payments"). All values provided for in a Proposal are a non-binding estimate by 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 by bank transfer or any other means of payment determined in a Proposal within a maximum period of 7 (seven) calendar days from the issuance of the respective tax document by Roket4. The User must make all Payments due according to the periodicity indicated by Roket4 in a Proposal or until the act of delivery of the Services, regardless of their nature. Any payments eventually due by Roket4 will be made within thirty (30) days after receipt of the relevant tax document. Each of the parties shall bear the taxes that are incumbent on them by virtue of the legislation in force, and the taxes related to the provision of the Services shall apply to the Proposal, including, but not limited to, taxes on the provision of services, transport of goods, financial transactions and, if applicable, on value added. Any delay or inaccuracy in payments will result in the application of a minimum non-compensatory fine due by the User corresponding to 10% (ten percent) and monthly default interest in the minimum amount of 6% (six percent) per year calculated pro rata die on the total amount due, plus the monetary correction by the positive variation of the correction index determined in the Proposal, from the first day of delay to the actual payment. Without prejudice to the foregoing, Roket4 may, in its sole discretion, suspend the Services, including without prior notice, in the event of a delay in Payments of more than fourteen (14) calendar days. The User acknowledges that in this case, Roket4 may include him in the credit bureaus. The amounts of the Payments will be adjusted for each period of 12 (twelve) months from the acceptance of an Offer by the User, applying the monetary adjustment determined in that period according to the index defined by Roket4. In addition to the annual adjustment, Roket4 may change the amount of Payments upon thirty (30) days' notice to the User's email address. Any discrepancies about the Services delivered 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, subject to these General Terms. All Services will be provided or delivered to the User in accordance with good market practices and applicable legislation. The achievement of 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 performance of the Services. Roket4 can provide a documentary reference on the role and responsibilities of the User in the course of providing the Services. The delivery of the Services by Roket4 will commence for the User the period of testing and acceptance of the Services 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 any requests from the User to parameterize the final delivery of the Services. Roket4 may offer the User a warranty for the Services in accordance with applicable law, always limited to (i) the scope defined in the Proposal and (ii) the User's requests made during a trial period of the Services. The place of provision of the Services will be defined in the Proposal.
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Obligations and Prohibitions to the User:
The third-party software implementation service by Roket4 is provided to the User for the sole purpose of allowing the User to use purchased software as tools for the execution of its operational activities, and any other use for any other purpose is prohibited. The User is prohibited from assigning, sublicensing, lending, distributing and offering this software by any means, even indirectly, to third parties. The User is prohibited from modifying, copying, imitating or creating services similar to those provided by Roket4 or to reverse engineer any kind of all or part of any of the licensed software or otherwise disrespect Roket4's exclusive ownership of its intellectual property, know-how and method of providing Services. Any and all software implemented by Roket4 is licensed and accepted to it in a technical state of perfect use, which is why Roket4 is not responsible for guarantees of satisfaction, productivity or results, nor for the suitability of the software to the specific needs of the User, except in the cases specified in a Proposal from Roket4. The User shall release Roket4 from any liability to its officers, third parties, agents, employees and directors in relation to any claim, damages, obligations, losses, liabilities, costs, debts and expenses (including, but not limited to, attorneys' fees) arising out of the use of and access to the Services. The User, on his/her own account or on behalf of others, undertakes not to (i) solicit the employees, contractors, subcontractors and third parties hired by Roket4; and (ii) to compete through negotiation, trade, projects, production, manufacture of products, representation of products similar to those of Roket4, as well as to practice acts that imply in commercial discredit of Roket4 during the provision of the Services. Failure to comply with the above clause will be subject to liability for losses and damages, as well as loss of profits, without prejudice to the penalties provided for in the legislation, in addition to a non-compensatory fine for the overall value of the Proposal.
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Roket4's Conduct and Limitation of Liability:
Roket4 will define, at its sole discretion, the schedule, the calendar of activities and those responsible for the Services, including for on-site action. Roket4 may appoint a Project Manager to supervise the Services, as well as a professional to act as a point of contact between Roket4 and the User. Roket4 will supervise the implementation of the Services with full freedom of action and sole control over the assignment, reassignment and removal of its contractors and subcontractors, including a User's professionals engaged in the Services. The liability for the acts of Roket4, its employees, directors, consultants, subcontractors and third parties related to it is limited throughout the provision of the Services, especially in the implementation of any types of software or products, to the role of advisory support, the Services being constituted exclusively by obligations of means. Roket4 disclaims any responsibility for the content provided during the performance 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 liability to itself or to the User. Roket4 shall not be liable for any damages or losses of any kind, including lost profits, arising from business interruptions and any kind of incidental damages that may befall a User due to the acts of third parties, fraud or the misuse of software related to the Services. Roket4 is not responsible for failures arising from elements external to the software, such as, but not limited to, failures in the electrical network, failures in the connection of internal and external networks, nor is it liable for failures arising from third-party software, even if they are linked to the provision of the Services contracted by a User. Any liability of Roket4 in any event shall be limited to the total amount owed by the User to Roket4 for the Services offered in an Offer accepted by the User.The User declares to be fully aware that the use of any program or computer system, whether on an internal network or on the Internet, is subject to attacks by third parties, and Roket4 shall not be liable for any damages caused of any nature in the event that any of the software implemented suffers actions or invasions perpetrated by third parties.
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Service Level Agreement:
The Service(s) will be offered by Roket4 in the language in accordance with the conditions of supply and service specified by Roket4 in a separate document from the Roket4 General Terms - Service Level Agreement ("SLA"). You may request from Roket4 a copy of the SLA conditions applicable to you. Services monitored and managed under the SLA may include, for example: (i) Enterprise Systems: Infor LN CE and its integrations; (ii) Infrastructure: Dedicated ITSM, cloud storage for ticket and article content, and cloud connections; (iii) Communication Tools: Email systems, chat platforms, Microsoft Teams. (iv) Automation and AI Engines: Bots, workflow automations, and scripts through the "Macula AI" agent. SLA standards may be revised, adjusted and improved, at Roket4's discretion, at any time and regardless of prior notice to a User. General SLA adjustments or adjustments of great repercussion may be communicated via the Roket4 Website, at the discretion of Roket4. All after-hours appointments may be subject to additional remuneration, as indicated by Roket4 in a communication or invoice. Roket4 will guarantee the provision of Service(s) and the licensing of Software(s) under the terms of SLA aligned with the User to the extent that the User guarantees, reciprocally, the correct use of Software(s) and its versions, respecting its intellectual property, as well as providing data and information necessary and requested by Roket4; and, in addition, the technological resources to receive user service at the SLA level aligned with Roket4. Any request for face-to-face service by the User will be evaluated by Roket4, and, if the need for face-to-face service is verified, the User will provide the necessary details to Roket4, for service compatible with the schedule made available to the User. The face-to-face service by Roket4 will be carried out by the User or by a third party, subject to reimbursement of expenses and additional consideration, if applicable. Applicable SLA requests do not include the correction of errors or recovery of files arising from improper use of Software(s), failures of equipment, operating system and/or electrical installation of the User, errors in other programs not supplied or implemented by Roket4.
Roket4 defines the scope of Service Level Agreements (SLA) and Operational Level Agreements (OLA) to ensure the delivery of agreed-upon services. The User acknowledges and agrees that services provided under the SLA and OLA are subject to specific terms and conditions. Roket4 shall not be responsible for failures in meeting the SLA due to factors beyond its control, including, but not limited to: Failures caused by third-party service providers, including infrastructure or software vendors not under Roket4’s direct control; Interruptions or malfunctions in the User’s internal infrastructure, network, equipment, or software environment; Delays or non-cooperation by the User, including but not limited to; Failure to provide necessary access, credentials, or permissions required for service execution; Delays in responding to Roket4’s requests for information, approvals, or testing; Non-compliance with technical requirements, including the use of outdated or unsupported software versions; User-induced issues, such as unauthorized modifications, improper configurations, or mishandling of the software and infrastructure that lead to service disruptions; Force majeure events, including but not limited to natural disasters, strikes, government actions, or any other unforeseen and uncontrollable circumstances. In the event of service disruptions caused by the factors listed above, Roket4 will make commercially reasonable efforts to support resolution but shall not be held liable for any resulting delays or service failures. Additionally, SLA commitments may be suspended or adjusted until the User resolves any issues under their responsibility. Roket4 may utilize third-party service providers to deliver certain components of the Services, including but not limited to cloud infrastructure, software applications, and external APIs. The User acknowledges that the performance and availability of these third-party services are subject to their respective policies, terms, and service agreements.
Roket4 shall make commercially reasonable efforts to ensure the continuity and reliability of third-party services used in its operations; however, the User agrees that: Certain service levels, response times, and resolution timelines may be contingent upon the policies and performance of third-party providers; Roket4 shall not be liable for delays or disruptions resulting from failures or limitations imposed by third-party service providers; Any changes, limitations, or service interruptions introduced by third-party providers may impact the SLA, and Roket4 will provide timely communication where possible; SLA obligations may be adjusted or suspended in cases where the User’s actions or inactions prevent Roket4 from performing the required services. Where applicable, Roket4 may assist the User in liaising with third-party service providers to seek resolution; however, Roket4 does not assume responsibility for third-party obligations.
Scope of Linkage:
These General Terms do not establish any employment, corporate or social security relationship between Roket4 and the User, and there is no liability between Roket4 and a User's employees, external workers, subcontractors or collaborators, and each party remains solely responsible for all costs, expenses, charges and respective obligations of any nature. In addition, in the event of a lawsuit (of any kind) arising against Roket4 by the User's personnel, Roket4 may appoint its attorneys-in-fact, who will have their fees fully covered by the User, who must at all times seek the replacement of Roket4 as the defendant in the lawsuit. In any case of condemnation of Roket4 to the payment of amounts as a result of lawsuits, demands, actions and proceedings of any nature promoted by the User's personnel, the respective User undertakes to proceed with (i) the payment in lieu of Roket4, or, (ii) the full reimbursement of any payment made by Roket4, plus losses, damages, loss of profits and other damages to the image of Roket4. In addition, the User assumes, agrees, and expresses that he is an independent entity of Roket4, not being an agent or attorney-in-fact of Roket4, and cannot assume obligations on behalf of Roket4. Roket4 is not responsible for the regularity, applicability and security of third-party software not expressly indicated on its Website and cumulatively in the Proposal presented to the User. Regardless of any notice or consent, Roket4 may subcontract third parties for the execution of one or more Services. This Agreement binds, in addition to you, your successors, whatever the form of succession, in all rights and obligations assumed hereunder, as well as the individuals or entities you represent and their affiliates
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Review and Cancellation of Services:
Termination for cause. The User or Roket4 may terminate the provision of the Services upon prior written notice in the event that (a) the other party breaches these General Terms and, to the extent possible, fails to remedy the breach within a reasonable time not to exceed ten (10) days from the written notice of the injured party; or (b) cease its business activities. Roket4 may also terminate the business relationship with the User at any time, immediately, and regardless of notice of any kind in the event of (c) request, request or proposition of judicial or extrajudicial liquidation, indications of civil insolvency, judicial or extrajudicial reorganization, indications of bankruptcy; in case of violation of any compliance obligation, intellectual property linked to the use of software(s), whether from Roket4 or from a third party(s); in the event of a change in the User's corporate control. Termination without cause. Roket4 may cancel the provision of the Services at any time and without just cause upon written notice to the User, guaranteeing Roket4 the Payments for the Services already provided to the User. Termination by mutual agreement between Roket4 and a User. Roket4 and a User may at any time and free of charge, by mutual written agreement, cancel the provision of the Services. Suspension. Without prejudice to the foregoing termination rights, Roket4 may temporarily suspend the provision of the Services if: (i) Roket4 believes, in its sole discretion, that the User or any third party linked to him or her is in breach of these General Terms; (ii) if the Payments by the User are not made in accordance with these General Terms or the Proposal; (iii) if the User, its employees, contractors, directors, subcontractors and any persons linked to it prevent or delay in any way the fluidity of the provision of the Services according to the schedule unilaterally defined by Roket4; and (iv) if, at Roket4's discretion, it is necessary to internally redeploy activities involved in the Services or to hire new employees to whom the Services will be assigned in whole or in part; and (v) in case of default to the market in general, in case of denials and/or protests and/or judicial charges against the User. Actions arising from Cancellation. In addition to the other direct and/or indirect obligations of a User arising alternatively from these Roket4 General Terms, a Proposal and/or a Contract, the User shall, by the end date of the business relationship between Roket4 and the respective User: (i) prove the withdrawal of all confidential information and use of software(s) provided by Roket4 in connection with the Services; (ii) promote the demobilization of software(s) and service(s) provided by Roket4, including the return of any accessories, materials and supplementary documents provided by Roket4 to the User, whenever required by Roket4; (iii) prove the processing and/or deletion of information from Roket4, its affiliates and partners that may be accessed or received by a User, regardless of its nature; and (iv), if requested by Roket4, provide proof of compliance with any of the compliance obligations set forth in these General Terms in the course of the business relationship.
Intellectual property:
All rights, title and interest in the Services, as well as their manuals, technical documentation and any information, as well as their respective names, trademarks and other distinctive signs, are the exclusive property of Roket4 and/or third parties (regularly assigned to Roket4), and the User is only allowed to use them, within the limits and purposes provided for in the General Terms of Roket4 and, alternatively, in a Proposal. The Services are protected by applicable law. The User may not use the trademarks, logos and service marks for any purpose, including but not limited to the use of links or meta tags on other pages or websites without the written permission of Roket4. The information available on or through the Site is the property of Roket4 or its licensors and is protected by copyright, trademark and other intellectual property laws. You may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works from, or otherwise use any information available on or through this Site for commercial or public purposes. Any implementations and Services provided shall remain the exclusive property of Roket4, unless expressly determined by Roket4 otherwise, and the User shall not claim rights of any kind, including intellectual property, indemnification, use, resale, assignment, commercialization or copyright rights over implementations and Services in general offered. Any copy of the software(s) provided by Roket4, its own or third-party, other than an authorized backup, will be considered an unauthorized copy, and its existence, inside or outside a cloud environment, will be considered a violation of Roket4's proprietary rights, subjecting the User to the penalties alternatively provided for in these General Terms, and, without restriction, in specific legislation. It is therefore expressly forbidden for the User, as well as any third parties to whom the User allows access to Roket4 software(s) and Services: (i) to copy, sublicense, assign, sell, lease or as collateral, dispose of in any way, or transfer, in whole or in part, under any modalities, free of charge or for a fee, temporarily or permanently, the software(s); as well as its modules and/or any components/parts; (ii) tamper with, modify the characteristics of the software(s), extend or alter them in any way; (iii) delete or change, in whole or in part, the notices of reservation of rights existing in the software(s) and in its complementary documentation, it being established that changes at any time promoted by a User will be irregular, in violation of rights and will give Roket4 the opportunity to apply all charges, indemnities, actions, and measures against a User. Within the scope of the business relationship between Roket4 and a User Roket4 Intellectual Property means, without any geographical limitation, any patents and patent applications, industrial designs and industrial design applications, product trademarks and product trademark applications, trade names, service marks, service mark applications, trade names, inventions (patentable or not), processes, formulas, compositions, algorithms, production and manufacturing techniques and process, methods, schemes, technologies, tools, technical data, diagrams, customer and supplier lists, price, pricing and cost information and business and marketing plans, copyrights, business and product secrets, logos, slogans, trade and industry secrets, utility models, drawings, methodologies, computer programs (including all source code, object code and operating systems) and related documentation, rights in hardware and firmware and any implementation in software, including algorithms, specifications, models and methodologies, technical information, technical, manufacturing and engineering drawings, know-how, whether registered or not, as well as all corresponding sequels, renewals and extensions of such rights and the rights arising out of or relating to any of the foregoing, including, without limitation, rights to damages, standing to bring claims and remedies, right to demand protection and confidentiality of any act, fact or information, among others).
Protection of Personal Data:
The business relationship between Roket4 and a User shall comply with the General Data Protection Regulation ("GDPR") – (Regulation (EU) 2016/679 of the European Parliament and of the Council of European Union - 27 april 2016), through its legal representatives, partners, shareholders, agents, collaborators, employees, employees, subcontractors, related parties, partners and users of Software(s), ensuring confidentiality, and protecting and securing any personal data to which you have access. The purpose of the processing of personal data is intended for the fulfillment and execution of a Proposal and/or Contract, compatible and limited to what is necessary for this specific purpose, always taking into account the good faith and legitimate interests of the data subjects and Roket4 in the development of their business, always maintaining security and prevention of incidents through the tools accessible to this protection. Processing of Personal Data. Roket4 will comply with all legislation applicable to the processing of Personal Data, including in the Federative Republic of Brazil Law No. 13,709/2018 (LGPD) and Law No. 12,965/2014 (Civil Rights Framework for the Internet) and Regulation (EU) 2016/679 in force in the European Union. Processing Agents. In compliance with the contractual scope, there may be transit of Personal Data and Sensitive Personal Data of persons, employees and third parties in general in the possession of a User who will act as "Controller/Controller of Personal Data" and Roket4 who will act as "Operator/Subcontractor" under the terms of the applicable legislation. Database Ownership. All Personal Data and related information will remain the exclusive property and custody of the User. There will be no assignment or transfer of ownership of a User's database to Roket4, even if Roket4 processes Personal Data. Data Subject Authorizations. The User declares to have all legal authorizations from the "Data Subjects" who may act together with Roket4 in the provision of the Services. The User shall hold Roket4 harmless from any kind of liability, indemnity or culpability. Exercise of Rights by Data Subjects. In the event that any Data Subject questions Roket4 about the processing of their Personal Data and/or requests the exercise of any of their rights provided for in the applicable legislation, Roket4 will pass on the requests to the User, who will comply with them at their own expense. The User is solely responsible for the processing of personal data, in addition to implementing the security and privacy of its system, using the updated and available tools for the complete prevention of incidents. In the event of a security incident or data leak, the User must inform Roket4 within 24 (twenty-four) hours, so that it can assess the degree of seriousness and take the necessary legal and operational measures to protect personal data. The User may not share personal data with third parties, such as, but not limited to, subcontractors, unless Roket4 expressly authorizes it. Requests from holders of personal data to the User, within the scope of the commercial relationship, must be communicated to Roket4 so that they can be answered with mutual collaboration, at the discretion of Roket4. Sharing. Roket4 will not share Personal Data processed to which it has access, except in cases where necessary to comply with applicable legislation. Roket4 may, at its discretion, process Personal Data to which it has access due to legislative updates within the scope of its attributions defined in a Proposal. International Data Transfer. The international transfer of Personal Data is authorized for the fulfillment of the scope of the Services in compliance with the mechanisms provided for in Law No. 13,709/18 in conjunction with Regulation (EU) 2016/679. Deletion of Personal Data. Roket4 may return to the User or delete the Personal Data that it has processed after (i) the termination of its contractual relationship with the User; or after (ii) receipt of a specific instruction from a User for the deletion of Personal Data by Roket4. General Liability and Indemnification. The User shall be responsible for themselves and their Employees for the processing of Personal Data carried out within the scope of the Services and shall hold Roket4 free from any direct and indirect liability, damage or loss arising from any Personal Data processing operation.
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Ethical Conduct and Anti-Corruption:
The User assumes, agrees, and expresses that he/she acts ethically before the market, that he/she does not practice acts and conducts, in his/her interest or benefit, exclusively or not, directly or through his/her partners, quotaholders, shareholders, directors, administrators, officers, employees, agents and/or attorneys-in-fact, as well as by any agents, partners, suppliers, subcontractors and/or their respective employees, that are or may be characterized as harmful to the public administration, national or foreign, and that they will take all measures within their reach to prevent any illegal and/or fraudulent activity, by themselves and/or by the persons indicated above, assuming, as a consequence, all responsibilities of an administrative nature, civil and criminal related, and undertakes to indemnify Roket4, if harmed for any damages and/or losses sustained by it as a result of the inaccuracy of these statements, as well as for any and all non-compliance with applicable legislation. The User also declares that he/she is aware of and agrees with the precepts contained in any Roket4 Policy(s), when provided by Roket4. In the context of the business relationship between Roket4 and a User Anti-Corruption Laws mean: any and all applicable Anti-Corruption and Anti-Money Laundering Laws, including the U.S. Foreign Corrupt Practices Act (FCPA) of 1977, the UK Bribery Act 2010, the Inter-American Convention against Corruption and the United Nations Convention against Corruption, all as amended or nationalized by each country of their enforcement, including related regulations and standards, and any other applicable laws having similar effect in the European Union).
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Confidentiality:
Roket4 and a User undertake to maintain confidentiality and to guide their agents, employees, subcontractors and third parties acting under their responsibility or supervision to maintain confidentiality on matters that come to their knowledge of each other and that refer to technology, processes, projects, contracts, customers, suppliers and other matters that may represent business differentials of Roket4 or the User; and not to disclose to any third party any specific clause of an Offer and/or a contract; and not to disclose or refer to each other's name or brands in statements to the media in general, in advertising material, communications and other similar means without prior and express determination to do so by a legal representative of the other party. If Roket4 or a User needs to disclose any matter described in the item above, it must request the prior and express consent of the other party, except in the case of a court order ordering Roket4 or the User to disclose confidential matters.
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General Provisions:
Updates: Roket4 reserves the right to modify these General Terms or the conditions applicable to its Services at any time. Users of Roket4 Services will be notified of the changes so that they can communicate their disagreement and opt for the termination of the contracts signed with Roket4. The silence of a User until the effective date of the amendment will imply their corresponding acceptance of the modified General Terms. These Terms and Conditions are effective as of March 1, 2025.
Severability: If any of the terms, clauses or obligations provided for in this Agreement becomes ineffective or unenforceable, this fact will not affect the validity or enforceability of the others that must be faithfully complied with. The term, clause or obligation that has its effectiveness nullified must be replaced by another that reproduces in its substance a similar practical result.
Use of Image: The User may not make use of the name, image, brand and/or logo of Roket4, and signs indicating software(s) provided without specific written authorization, under penalty of violation of the General Terms, including being subject to the penalties of civil and criminal legislation. The User assumes, agrees and expresses his/her consent to Roket4 to freely use the User's brand and that of its affiliates and subsidiaries, free of charge, including for insertion on the Roket4 website and in its advertising materials, for institutional purposes and to demonstrate clientele.
Waivers: No waiver of any of the terms or provisions of these Roket4 General Terms, a Proposal and/or a Contract shall be binding on Roket4 unless confirmed in writing. No waiver by Roket4 of any term or provision, alternatively, of these Roket4 General Terms, a Proposal and/or a Contract and/or any default hereof by a User shall affect Roket4's rights of action in respect of any other default by the User, even if similar or identical to the foregoing.
Representation: The signatory parties to a Proposal and/or a Contract declare and guarantee that they have full powers to bind the User represented by them, under penalty of being liable without any benefit of order for the obligations assumed, and in their own name. The signatory(ies) of an Offer and/or Contract, when the User's legal representative(s), shall be jointly and severally liable with the User.
Force Majeure: None of the parties to the commercial relationship between Roket4 and a User shall be liable for non-compliance with its contractual obligations as a result of proven acts of God or force majeure, under the terms of the applicable Legislation, and for this purpose, the User and/or Roket4 must notify Roket4 and/or the User of the occurrence of such fact within 24 (twenty-four) hours. informing the exact description of the events and supporting justification of the impediment, immediately adjusting the SLA parameters provided for in these General Terms. However, the User who has acted with fault or willful misconduct, concomitant or prior to the event, may not invoke the exception of force majeure or fortuitous event. In the event of an unforeseeable event or force majeure, the obligations entered into between Roket4 and a User will be suspended for the duration of the events. Upon the end of the event, the period for compliance with the obligations will be extended in a reasonable manner, limited to thirty (30) days. The notification of the event, which must be sent within 24 hours (twenty-four) hours to the User, or, alternatively, to Roket4, must contain the description of reasonable measures to minimize or remove the effects of the event, aiming to resume the performance of the affected obligations within the shortest possible time for Roket4 or the User. If the event of force majeure or fortuitous event lasts for more than 90 (ninety) days, it will be lawful for either Party to terminate the commercial relationship, exempt from any liens. Each of the Parties shall be solely and respective responsible for its own losses arising from events characterized in this clause. It is hereby agreed between the Parties that the following shall not be considered unforeseeable circumstances or force majeure for the purposes of the commercial relationship: (i) strikes promoted by the User's employees, its subcontractors or third parties working under its responsibility or supervision; (ii) Increase or decrease in the User's turnover and intensity; (iii) crises arising from the User's financial mismanagement.
Electronic Signatures: The User, the signatory parties, witnesses and any intervening parties, or other persons indicated in the Proposal and/or Contract for signature under the terms of this clause assume, agree and express that the Proposal and/or Contract may be signed electronically in accordance with, alternatively, the authentication procedures, or by signature platforms such as, for example: [-Docusign-Foxit- ] recognizing that it is legal, valid and legitimate to constitute and bind any Parties, Consenting Parties, and, Representatives appointed to them as applicable to the rights and obligations provided for in these General Terms, regardless of the use of digital certificates. The User also agrees that the electronic signature of a Proposal and/or Contract does not affect its enforceability, and shall be considered, for all legal purposes, an extrajudicial enforceable title, as well as waiving the right to refuse or contest the validity of electronic signatures to the maximum extent permitted by applicable law.
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Governing Law and Venue:
The General Terms are subject to all applicable international, federal, state, and local laws and regulations applicable to Roket4 in connection with its principal place of business and business. The governing legislation specifically defined in each Proposal and, in case of omission, the Portuguese legislation will be applicable to Roket4 and the User, in the context of the provision of the services. The User undertakes not to use the Site in any manner that infringes any laws or regulations or that places Roket4 in a position of non-compliance with the legislation to which it is subject. Any questions or disputes raised regarding or arising out of these General Terms or the Roket4 Policies shall be resolved before the General Court of Faro, Portugal. In the event of any questions or disputes involving a User based in Germany, the subsidiary jurisdiction now defined in Meppen, Germany shall apply. In the event of any questions or disputes involving a User based in the United States, the subsidiary jurisdiction now defined in Delaware, United States shall apply.
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Effective Date: March 1, 2025​