Terms of Service

1. Definitions

For the purposes of these Terms:

"User" — any individual or legal person who visits, browses or uses the website, or who requests information about the Services.
"Client" — any individual or legal person who effectively contracts one or more Services from DevAzor.
"Content" — all information published on the website, including texts, images, trademarks, code, design and databases.
"Proposal" — the commercial document (quote, technical proposal or contract) issued by DevAzor to a specific Client, which sets out the particular terms of each project.

2. Identification of the data controller

The Services are provided by DevAzor, with the following identification details:

General email: [email protected]
Phone: +351 922 036 350

The actual commercial relationship is always formalised through a Proposal accepted by the Client, which sets out the scope, deadlines, deliverables and financial conditions.

3. Acceptance and capacity

Use of the website and acceptance of any Proposal imply that the User/Client:

Is over 16 years of age and has legal capacity to enter into contracts.
Has read, understood and accepted these Terms.
When acting on behalf of a company, declares that they have the powers to bind it.

DevAzor may refuse to provide Services to anyone who does not meet these requirements or who provides false information.

4. The website

The DevAzor website is informational and institutional in nature. Its main purposes are:

To present the company, its team and its activity.
To publicise the Services offered.
To enable contact through a form, email or WhatsApp.
To make available institutional information, such as these Terms and the Privacy Policy.

The information published on the website is indicative and does not, in itself, constitute a binding offer to provide Services. Specific conditions are always formalised in a written Proposal.

5. Registration and Account

The website, in its current form, does not require the creation of a User Account. If, in the future, DevAzor makes available reserved areas for Clients (for example, for project monitoring, invoicing or support), the creation of an Account will be governed by specific conditions, which will prevail over these Terms to the strict extent of their application.

6. Provision of Services

DevAzor provides professional Services, namely:

Custom software development — web, mobile and systems applications, integrations, APIs, maintenance and evolution of digital products.
Website development — creation of institutional websites, landing pages, blogs, portals and online stores, with a focus on design, performance, SEO and accessibility.
Team outsourcing — provision of specialised technical profiles to reinforce the Client's team.
IT consulting — audits, strategic advice, digital transformation, solution architecture and project follow-up.
Applied artificial intelligence — development and integration of AI solutions in business processes.
Helpdesk — technical support for end users and internal teams.

The specific conditions — scope, deadlines, price, service levels, intellectual property, confidentiality, warranties and liabilities — are defined in the Proposal accepted by the Client. In the event of a conflict between these Terms and the Proposal, the Proposal prevails.

6.1. DevAzor's obligations

Provide the Services with appropriate professional diligence and in accordance with industry best practices.
Mobilise professionals with the skills required to carry out the work.
Maintain confidentiality over all Client information to which it has access.
Communicate to the Client, within a reasonable time, any occurrences that may affect the execution of the Proposal.

6.2. Client's obligations

Provide DevAzor with the information, access and resources necessary for the provision of the Services.
Ensure that the information provided is lawful, accurate and does not infringe the rights of third parties.
Make payments within the agreed deadlines.
Designate a valid point of contact for project follow-up.
Ensure that its own systems, data and environments meet the technical and legal conditions required for the provision of the Services.

7. Prices, invoicing and payments

Unless otherwise stated in the Proposal:

Prices are quoted in euros (EUR) and include applicable taxes at the legal rate in force, unless otherwise stated.
Invoicing follows the schedule defined in the Proposal (by milestones, hours, monthly instalments or fixed price, as applicable).
Invoices are issued electronically and are payable within the period stated therein, usually 15, 20 or 30 days.
Payments may be made by bank transfer, MB Way or any other means made available by DevAzor.
Late payment entitles DevAzor to suspend the Services, in whole or in part, upon 5 business days' prior notice, without prejudice to the right to receive the amounts due and to be compensated for any losses caused.

8. Refunds and cancellation

DevAzor does not, as a rule, refund amounts already paid, unless required by law or expressly agreed.
Cancellation of an ongoing project at the Client's initiative may entail payment for work already performed, costs already incurred and a contractual indemnity for the associated administrative expenses, as defined in the Proposal.
Cancellation by the Client must be communicated in writing, stating the effective date.

9. Confidentiality

Both parties undertake to keep confidential all information exchanged in the context of the contractual relationship that is identified as confidential or that, by its nature, should reasonably be considered as such. This obligation remains in force during the contractual relationship and for 3 years after its termination, without prejudice to more protective regimes provided for by law (for example, personal data under the GDPR or trade secrets).

The obligation of confidentiality does not apply to information that:

Is public at the date of its disclosure or becomes public without breach of these Terms.
Was lawfully known to the receiving party before its disclosure.
Is lawfully and independently obtained from third parties without a duty of confidentiality.
Must be disclosed by virtue of law, court decision or competent authority.

10. Intellectual property

10.1. Intellectual property of the website

All rights relating to the website, design, trademarks, logos, texts, graphics, photographs, videos, source code and other Content belong to DevAzor or its licensors and are protected by applicable Portuguese and international law.

Reproduction, distribution, transformation, public communication or any other form of unauthorised use of the website Content is prohibited, except for the purposes of navigation, viewing or sharing through the social media mechanisms made available.

10.2. Rights over Service deliverables

The intellectual property rights over the deliverables produced within the scope of each project are defined in the respective Proposal. As a rule:

The Client acquires the rights of use of the deliverables upon full payment of the agreed price.
Pre-existing tools, libraries, frameworks and generic components owned by DevAzor remain under its ownership, being licensed to the Client only when necessary for the use of the deliverables.
Methodological knowledge, know-how and technical expertise developed by DevAzor remain under its ownership.

11. Personal data and privacy

The processing of personal data is governed by the DevAzor Privacy Policy, which forms an integral part of these Terms.

12. Permitted use of the website

The User undertakes to use the website lawfully and appropriately. In particular, it is prohibited to:

Use the website for unlawful, fraudulent purposes or purposes that harm the rights of third parties.
Introduce into the website viruses, malware, malicious scripts or any code that may compromise its security.
Attempt to access restricted areas, systems, databases or servers without authorisation.
Carry out scraping, data mining or automated harvesting of information.
Send unsolicited communications, spam or phishing content through the channels made available.
Provide false, offensive, defamatory data or data that violates the rights of third parties.
Impersonate another person or entity.

13. Links to third-party sites

The website may contain links to third-party sites (for example, social networks, partners, technology providers). DevAzor is not responsible for the content, accuracy or practices of those sites. Their consultation is governed by their respective policies.

14. Disclaimer of warranties

The website is provided "as is" and "as available". DevAzor makes reasonable efforts to keep the information up to date and the website accessible, but does not warrant that:

The website will operate uninterruptedly, securely or error-free.
The information published is always exhaustive, current or free of inaccuracies.
The content will meet specific User expectations.

DevAzor's liability for the quality of the professional Services contracted is governed by the Proposal and applicable law.

15. Limitation of liability

To the maximum extent permitted by law, DevAzor's aggregate liability arising from the website, whatever its cause, is limited to EUR 100.

DevAzor shall not be liable for indirect damages, lost profits, loss of data, loss of opportunity or other consequential losses, even if it has been advised of the possibility of their occurrence.

Nothing in these Terms excludes or limits liability that, by law, cannot be excluded or limited, namely liability for damages caused by intent or gross negligence and for bodily injury.

DevAzor's liability arising from the provision of professional Services is governed by the Proposal, and any liability for indirect damages or lost profits of the Client is expressly excluded, save within the mandatory limits of the law.

16. Suspension and termination

DevAzor may, at its reasonable discretion and with prior notice whenever possible, suspend access to the website or restricted areas when:

The User/Client breaches these Terms or applicable law.
Risks to the security or integrity of the systems are identified.
A court order or request from a competent authority exists.
Payments due are not made within the agreed deadlines.

The contractual relationship may be terminated by either party under the terms defined in the Proposal or, in its absence, upon 30 days' written notice, without prejudice to immediate termination in the event of material breach.

17. Force majeure

Neither party shall be liable for delays or failures to perform due to events beyond its reasonable control, including, without limitation, failures of internet, energy or cloud services providers, large-scale cyberattacks, natural disasters, strikes, armed conflicts, pandemics or legislative changes.

18. Complaints and dispute resolution

Any complaints should be sent, in the first instance, to [email protected]. DevAzor will endeavour to respond within 15 business days.

If the complaint is not resolved by agreement, the parties may resort to alternative consumer dispute resolution bodies, such as the CNIACC – Centro Nacional de Informação e Arbitragem de Conflitos de Consumo (www.cniacc.pt) or another competent institutional arbitration centre.

Users may also use the European Online Dispute Resolution platform (ODR) available at ec.europa.eu/consumers/odr.

19. Applicable law and jurisdiction

These Terms are governed by Portuguese law. For any dispute not resolved out of court, the courts of the district of DevAzor's registered office shall have jurisdiction, with express waiver of any other, save where mandatory law provides otherwise, in particular in actions brought by consumers.

20. Changes to these Terms

DevAzor reserves the right to modify these Terms at any time, and such modifications will take effect immediately upon their publication on our website. Your continued use of the Services after any changes constitutes your acceptance of the modified Terms. It is your responsibility to review these Terms periodically.

21. Final provisions

Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
No waiver. The fact that DevAzor does not exercise, or delays the exercise of, any right provided for in these Terms does not constitute a waiver of that right.
Entire agreement. These Terms, together with the Privacy Policy and the Proposal applicable to each Client, constitute the entire agreement between the parties on its subject matter.

22. Contacts

Email: [email protected]
Phone: +351 922 036 350
WhatsApp: +351 922 036 350
Website: https://devazor.com