Previous considerations

For the purposes of this contract, the following definitions shall be taken into account:
Provider:Rui Manuel Martins da Cunha, with tax identification number 201890453 of the Portuguese Republic.
Program: The software developed by the Provider for Services Management, available under the generic brand Datagen.
Service: Internet use of the Program.
User: The entity that uses the Service as identified in the Provider's database.

• These Terms of Use govern the relationship established between the Provider and the User in the use of the Service.
• The use of the Service implies the acceptance of these Terms of Use, which are permanently available to the User and the general public through the website where the Service is made available.
• The Provider may change these Terms of Use without prior notice, and the communication of such changes will always be made to the user through the internet site where the Service is made available.
• These Terms of Use are intended to be an approximate translation of the original Portuguese version. In any case, the Portuguese version of the Terms of Use will be applicable.

About the Service

• The Service includes only the use of the Program, without the transfer of any right over it, including, but not limited to, industrial and intellectual property.
• The Service is available exclusively online, via the internet, with a free 30-day trial period, through prepaid and non-refundable periodic subscription.
• The Service is provided on an 'as is' basis, not including any changes or adaptations to the specific needs of the User.
• The Provider may resource to external Data Centers to host the Program and all information processed by it, including that which is registered by the User. The User understands and accepts that this measure places part of the Service out of the Provider's possibilities of intervention or control, but is necessary to increase the quality and availability of the Service in global terms.
• The Provider does not guarantee the absolute availability or possibility of permanent access to the Service, since many of the technical resources used are outside its possibilities of intervention. The Service may also be interrupted or disturbed by the need for maintenance or upgrades. Under no circumstances will the Provider be liable for such unavailability.
• The data registered in the Program is the property of the User, and at his sole responsibility. The Program includes features that allow the User to extract his data at any time, in standard formats suitable to migration to other platforms, or to be kept for redundancy or backup.
• The Service may at any time be definitively terminated, by giving 30 days notice to users, always made through the internet site where the Service is made available, and individually by e-mail to each User whenever this is possible.

User Responsibilities

• The use of the Service is made possible by only one set of credentials, it assumes the access by one person only, and its confidentiality and use are the sole responsibility of the User.
• The User is responsible for the nature and legal compliance of the data entered in the Program. The use of the Service for illicit purposes will imply its immediate cancellation without the right to any refund or indemnification. The Provider may retain all the data registered up to that moment for eventual delivery to competent Authorities.
• The User will keep his e-mail address and other contact information always up to date with the Provider, using the features provided in the Program.
• The User is responsible for maintaining at all times backup copies of the data registered in the Program, using the export functions for the CSV format that are available in the Program.
• The User is responsible for implementing and maintaining a policy to prevent redundancy of the data registered in the Program, using the various data extraction mechanisms available. This policy must be sufficient to ensure the continuity of the User's operations in the event of unavailability of the service. It will also have to be enough to allow the data to be replenished in the Program if necessary.
• The User is responsible for timely payment of all subscribed renewals. Once the subscription has been paid, you will have access to your data for an additional period of 30 days, but you will not be able to make any changes to it. At the end of this additional period, the Provider is authorized to permanently delete all User data, without any possibility of recovery, and without further notice or notification.

Responsibilities of the Provider

• The Provider is responsible for maintaining an easy and regular access to the Service.
• The Provider is responsible for the existence and maintenance of features in the Program that allow the export of data in CSV format. The export shall include the keys of connection between the related registers, in order to allow their integration into other programs.
• If there is a loss of data for technical reasons and it is not possible to recover it using the backup copies of the Provider, the Provider will recover it using the backup copies made by the User in CSV format.
• The Provider shall be bound by the duty of confidentiality with respect to the data registered by the User in the Program of which it becomes aware, to the extent of its legal nature. However, it shall not be liable for any other loss of confidentiality, in particular that resulting from the use of external data centers controlled by third parties.
• The Provider shall not be liable for any kind of consequential damages or loss of profits to the User that occur, directly or indirectly, from the use or unavailability of the Service, or from errors of the Program.
• In any case, the liability of the Provider will always be limited to the amount charged for the provision of the Service.

Consumer Conflict Resolution

For the purpose of solving Conflicts of Consumption, the User may use the Consumer Conflict Arbitration Center of Lisbon (http://www.centroarbitragemlisboa.pt).
In case