TERMS OF USE

1.  Introduction

 

These Terms of Use and Privacy Policy (collectively, the "Agreement") together with all the documents referred to in it constitute a legally binding agreement made between you as a natural person ("you", "your" or "user") and VOITA LDA, a Limited Liability Company incorporated and registered in Portugal under registration number 517185350, with its registered address at RUA ALFREDO VITORINO DA COSTA, 72, SÃO JOÃO DA TALHA, LISBOA. Zip:2695-772 (referred to as "we," "us", “Company” or "our"), concerning your access to and use of our Website available at  voitalda.com (the "Website").

 

All the documents that relate to the Website are hereby expressly incorporated herein by reference.

Please read this Agreement carefully before using the Website.

 

It is important that you read and understand this Agreement as by using the Website you indicate that you have read, understood, agreed, and accepted the Agreement which takes effect on the date on which you use the Website. By using the Website, you agree to abide by this Agreement.

 

If you do not agree with (do not accept) this Agreement, or if you do not agree at least with one of the provisions of this Agreement, you are not authorized to, and you may not access or use the Website and you must promptly discontinue using the Website.

 

2. Changes to These Terms 

 

2.1. We reserve the right to modify or revise these Terms of Use at any time, and you agree to be bound by such modifications or revisions. Any changes will be effective immediately upon posting the updated Terms of Use on our Website. It is your responsibility to review these Terms periodically to stay informed of any updates. Your continued use of the Website after the posting of changes constitutes your acceptance of the modified Terms of Use.

 

2.2. We recommend that you review this page regularly to ensure familiarity with the most current version of these Terms of Use. If you do not agree to any modifications or revisions of these Terms, please discontinue use of the Services  immediately.

 

3. Your Use of the Website

 

3.1. You are permitted to use the Website for the following purposes: (a) accessing information; (b) contacting us through the provided contact form; (c) reviewing legal documents available on the Website; and (d) performing any other activities allowed under these Terms. Any use of the Website for unlawful purposes or in violation of these Terms is strictly prohibited.

 

3.2. We offer access to various resources, including services, portfolio, articles, business information, and tools designed to facilitate connections between users and the Website ("Services"). These resources are provided for informational purposes and business interactions.

 

3.3. By using the Website, you confirm that all information you provide, particularly through the contact form, is accurate and truthful. Your use of the Website must comply with all applicable laws, regulations, and these Terms.

 

3.4. You are responsible for securing your own internet connection to access the Website, which may involve third-party fees (e.g., Internet service providers). Additionally, you must provide and maintain any necessary equipment to access the Website. These Terms do not cover installation, configuration, support, or related services.

 

3.5. By using the Website, you confirm that you have the legal capacity to do so in accordance with the laws of your jurisdiction and that you are at least 18 years of age.

 

3.6. You may not reproduce, duplicate, copy, sell, resell, or exploit the Website or its informational materials for commercial purposes without obtaining explicit written consent from us. Such actions are unauthorized and violate this Agreement.

 

3.7. The use, copying, or distribution of informational materials outside the Website is strictly prohibited. Any use of these materials beyond the scope of the Website constitutes a breach of this Agreement.

 

3.8. To ensure the proper functioning of the Website, certain additional resources or permissions may be required, such as internet access, device storage permissions, or the ability to send browser notifications. Granting these permissions is essential for an optimal user experience on the Website.

 

3.9. We are not responsible for any interactions or relationships you establish with third parties or the results arising from your use of the Website. You are solely responsible for your dealings with external entities and the outcomes of using the Website’s services.

 

3.10. You agree to the following conditions and acknowledge certain restrictions when using the Website:

 

-       You must not use unauthorized mechanisms, software, or scripts to interact with the Website unless expressly permitted by the Agreement or through written consent from us.

-       You are prohibited from attempting to breach the Website’s security, distribute malicious software, or engage in any actions that could harm the Website, us, or other users.

-       You may not share content, information, or materials from the Website unless authorized through the Website’s designated mechanisms.

-       You must refrain from actions that would disrupt the proper functioning of the Website or replicate its functionalities without permission.

 

3.11. By providing your contact details, you consent to receiving messages, advertisements, and promotional materials from us via email or other communication methods. Our messages are classified as: (a) Non-commercial messages, related to fulfilling the Agreement or our mutual obligations, such as updates on key stages of cooperation. (b) Commercial messages, offering special promotions and exclusive deals.

 

To unsubscribe from receiving commercial messages or other types of communications, please notify us at info@voitalda.com. Upon receipt of your request, we will promptly cease sending further messages.

 

4. Your Privacy

 

4.1. Your privacy is important to us. To ensure that you understand how we collect, use, and protect your information, including personal data, we have created this Privacy Policy.[1]  Access to the Website and use of the Services are governed by this Privacy Policy. 

 

4.2. By accessing the Website and continuing to use the Services, you agree to be bound by this Privacy Policy and acknowledge the methods we use to process your information, as well as the legal grounds for such processing outlined within it. We may update this Privacy Policy from time to time. If you disagree with any part of the Privacy Policy, you must cease using the Website and Services immediately. Please take the time to review our Privacy Policy carefully.

 

5. End User License Agreement 

 

5.1. By using the Website, you agree to respect our intellectual property rights, including but not limited to the source code, UI/UX design, content, copyright, and trademarks of the Website (collectively referred to as the "Intellectual Property Rights"), as well as those owned by third parties.

 

5.2. We grant you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable, and revocable license to access and use the Website in accordance with this Agreement (the "License"). This License allows you to use the Website, but only as permitted under the terms set forth in this Agreement.

 

5.3. The source code, design, content, including information, photographs, illustrations, artwork, sounds, music, video, and other materials (collectively referred to as the "Works"), as well as the names, logos, and trademarks (collectively referred to as "Means of Individualization") within the Website are protected by copyright laws and other relevant laws or international treaties. These rights are owned by us, our partners, or contracted third parties, as applicable.

 

5.4. You may not copy, reproduce, redistribute, retransmit, sell, publish, broadcast, or circulate the Works or Means of Individualization, in whole or in part, unless explicitly authorized by us, our partners, or contracted third parties, as applicable.

 

5.5. All rights, title, and interest in and to the Website, its content, Works, Means of Individualization, and functionalities:

 

-       Are the exclusive property of Voita LDA, our partners, or contracted third parties, as applicable;

-       Are protected by international and national legal provisions;

-       Are not transferred or assigned to you in any way under the terms of this License.

5.6. We will take legal action against any unauthorized use of our trademarks, names, or symbols to protect our rights. All rights not expressly granted herein are reserved. Other product and company names mentioned in this Agreement may be trademarks of their respective owners.

 

6. Third-Party Content

 

6.1. Third-Party Content. We may provide access to content from third parties ("Third-Party Content") and external links as part of our service. However, we do not control, endorse, or assume responsibility for such content. We do not guarantee the accuracy, completeness, or reliability of Third-Party Content, and we are not obligated to update or review it. You access and use Third-Party Content at your own risk.

 

6.2. Ads and Promotions. The Service may display advertisements, promotions, or information about third-party products and services. Any interactions or transactions with third parties are solely between you and those third parties. We are not responsible or liable for any third-party content, materials, features, or any losses or issues that may arise from your dealings with third parties through the Service.

 

7. No Warranties and Limitation of Liability

 

7.1. Use at Your Own Risk. By using the Website and its services, you acknowledge and agree that your use is entirely at your own risk. The services, along with all materials, information, software, and content integrated into the Website, are provided on an "as is" and "as available" basis. We make no warranties, express or implied, regarding the merchantability, technical compatibility, or fitness for any particular purpose of the services, products, or materials provided under these Terms. We do not guarantee the availability, uninterrupted or error-free operation of the services, or that any defects will be corrected. Additionally, we do not guarantee the absence of viruses or other harmful components within the services or servers.

 

7.2. No Liability for Violations. We are not liable for any violations arising from your use of the Website, including breaches of third-party intellectual property rights or unauthorized access by any third party. We do not guarantee that the results of the services will meet your expectations.

 

7.3. Service Inaccessibility or Malfunctions. The Website may experience periods of inaccessibility or malfunction due to issues with users' mobile devices or operating systems. We are not responsible for any perceived or actual damages arising from the content, operation, or use of the Website.

 

7.4. Disclaimer of Warranties. To the fullest extent permitted by applicable law, we expressly disclaim all warranties, whether express or implied, written or oral, arising from the course of dealing, performance, trade usage, or other circumstances. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, or any implication that your use of the Website will result in sales or other financial benefits. In any case, our total liability is limited to the greater of the fees paid for paid features or subscriptions in the last 6 months, or €100.

 

8. Prohibited Actions

 

8.1. Prohibited Actions. The list of prohibitions in these Terms is not exhaustive. Certain actions or content may be deemed to violate principles of fairness, morality, or legal standards, at our discretion.

 

8.2. Specific Prohibited Activities. While using the Website, you are prohibited from:

 

• Engaging in threatening, abusive, harassing, or privacy-invading behavior toward any third party, or interfering with another user's ability to enjoy or use our services.

• Impersonating any individual or entity or misrepresenting your identity, affiliations, or associations with us or any third party. You may not imply any connection to our products or services without written permission. Providing false information or hiding your identity is also prohibited.

• Tampering with or bypassing copyright, trademark, or proprietary notices, including interfering with digital rights management (DRM) or content protection mechanisms. You may not copy, download, distribute, modify, or sell our Services or Content without express written consent.

• Uploading harmful code or viruses that could damage or disrupt the functioning of our Services or computer systems, or that could facilitate unauthorized access.

• Sending or posting illegal, hateful, threatening, defamatory, or violent content, or anything that infringes intellectual property rights, invades privacy, or incites harm.

• Uploading or sharing content that includes explicit depictions of minors or material that is obscene, discriminatory, offensive, or harmful.

• Taking actions that may impose excessive loads on our infrastructure or adversely affect the performance of the Services.

• Using any part of the Services or Content for commercial purposes without authorization, including resale, redistribution, or creating derivative works for profit.

 

8.3. Compliance with Laws. You are responsible for complying with all applicable laws, regulations, and treaties when using the Website. We reserve the right to suspend or terminate the accounts or services of any users who violate these Terms or applicable laws, with or without prior notice.

 

8.4. If you encounter any content or behavior that you believe violates these Terms or applicable laws, please report it to us.

 

8.5. If the report does not contain sufficient information for us to determine whether the content violates these Terms, we may ask you for additional details or may choose not to remove the content.

 

8.6. When submitting a report, please include the following:

 

• A detailed explanation of why you believe the content or user behavior violates applicable laws or these Terms.

• Identification of any copyrighted work allegedly infringed, if applicable.

• The exact electronic location of the content (e.g., URLs or screenshots).

• Your contact information, including full name, physical address, and email address. If applicable, include details of your authorized representative.

• A statement of your good-faith belief that the use of the content is not authorized.

• A statement of the accuracy of the information provided in the report, under penalty of perjury.

• Your physical or electronic signature.

 

9. Term and Termination

 

9.1. This Agreement is effective as soon as you access or use the Website and will remain in effect until terminated by either you or us in accordance with these Terms.

 

9.2. You may terminate this Agreement at any time by ceasing to use the Website and deleting any materials or content obtained from the Website.

 

9.3. We reserve the right to terminate or suspend your access to the Website, with or without notice, if we reasonably believe you have violated these Terms, the Privacy Policy, any applicable law, or engaged in any activities that may harm us, the Website, or other users. We may also terminate or suspend your access for any other reason at our sole discretion.

 

9.4. Consequences of Termination. Upon termination of this Agreement, your rights to access and use the Website will immediately cease. You must promptly delete all copies of any content or materials obtained from the Website. Termination does not relieve you of any obligation to pay fees or charges incurred before the termination, nor does it limit our ability to seek damages or other legal remedies.

 

9.5. Survival of Terms. Certain provisions of this Agreement, by their nature, will survive termination, including but not limited to disclaimers, limitations of liability, indemnification obligations, and intellectual property rights.

 

9.6. Waiver of Rights. Termination of this Agreement does not waive any rights or remedies we may have under law.

 

10. Indemnification

 

10.1. You agree to defend, indemnify, and hold harmless Voita LDA from any claims, liabilities, damages, losses, and expenses, including reasonable attorney’s fees and costs, arising from or related to the following (whether directly or indirectly related to your actions on the Website or those conducted on your behalf):

 

(i) Your breach of any of these Terms; (ii) Your use or misuse of the Website; (iii) Your violation of any applicable law, third-party intellectual property rights, or any other rights or agreements with third parties to which you are bound; (iv) Your infringement of any third party’s rights, including, without limitation, privacy or intellectual property rights; (v) Another party’s access to and use of the Service through your unique username, password, or other security credentials.

 

10.2. You agree to cooperate fully with us in the defense of any claim. We reserve the right to assume exclusive control of the defense of any matter for which you are required to indemnify us, and you may not settle any claim without our prior written consent.

 

11. Choice of Law and Dispute Resolution

 

11.1. You agree that: (i) these Terms will be exclusively governed by and construed in accordance with the laws of Portugal, without regard to its conflict of law principles; (ii) you accept service of process by personal delivery or mail; and (iii) you irrevocably waive the right to a trial by jury, the right to participate in any class or representative action, and any jurisdictional or venue defenses otherwise available, unless otherwise agreed to by both parties in writing. Any dispute arising from or related to these Terms or your use of the Website will be exclusively resolved and heard in Portugal.

 

11.2. Any claim or cause of action you may have arising from or related to your use of the Website must be filed within one (1) year after the claim or cause of action arises. All rights and remedies are cumulative and do not affect any legal or equitable remedy available to either party. You acknowledge that any breach or threatened breach of these Terms by you would cause irreparable harm to Voita LDA, for which monetary damages would be inadequate, and you agree that Voita LDA may seek injunctive or equitable relief.

 

11.3. You and Voita LDA agree that any dispute, claim, or controversy arising from or related to these Terms or your relationship with Voita LDA (whether based on contract, tort, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be resolved through binding arbitration. Arbitration may be waived by mutual written agreement between the parties. If any part of this arbitration clause is found unenforceable by a competent authority, the remaining disputes will be subject to the exclusive jurisdiction of the courts in Portugal, in accordance with the governing law provisions set forth in this section.

 

12. Miscellaneous

 

12.1. These Terms supersede any prior agreements between you and us regarding the subject matter herein, including all previous versions. If any provision (or part of a provision) of these Terms is found to be invalid, it will not affect the validity of the remaining provisions. Instead, the invalid provision will be revised, edited, or interpreted in a manner that reflects the original intent and complies with applicable laws.

 

12.2. Neither you nor we may rely on any information, whether written or oral, that is not expressly included or referenced in these Terms. The failure of either party to enforce any provision of these Terms does not constitute a waiver of the right to enforce that provision or any other provision in the future.

 

12.3. All communication between you and us will be conducted in English. Messages, requests, inquiries, statements, and approvals may be sent via any available communication methods. Notices related to these Terms will be deemed received one day after they are sent.

 

12.4. These Terms constitute an electronic agreement, and the electronic version of this Agreement carries the same legal effect as a physical signature.

 

12.5. Acceptance and Discontinuation. If you disagree with any part of these Terms or any future changes, please refrain from using the Website or any related materials. If you have already begun using the Website or materials and later disagree with any modifications, you should stop using the Website and delete any related data from your devices.

 

12.6. We reserve the right to transfer our rights and obligations under these Terms to a third party. However, such transfer will not affect your rights or our obligations under these Terms.

 

12.7. If any provision of these Terms is determined to be unlawful, void, or unenforceable by a competent authority, the remaining provisions will remain in full force and effect.

 

13. Contact Us

 

If you have any questions, please get in touch with us:

 

Voita LDA, address: RUA ALFREDO VITORINO DA COSTA, 72, SÃO JOÃO DA TALHA, LISBOA. 
Zip:2695-772

Email: info@voitalda.com

 

Last updated: March 6, 2025