Terms and Conditions
Welcome to ENGIBOTS.
a) ENGIBOTS, UNIPESSOAL LDA. (hereinafter ENGIBOTS) is a commercial company with registered office at Estrada Malveira da Serra, n.º 920, Aldeia de Juzo, 2750 834 Cascais, holder of NIPC 517227096 and share capital of 5.000,00 euros.
b) The term “USER” refers to any person accessing and/or using this website.
c) ENGIBOTS is responsible for the control and processing of your personal data on this website, implied by all references to “we”, “us”, “our” and “ENGIBOTS”.
d) By using the Website, products and services provided by ENGIBOTS, you hereby acknowledge and accept that you are bound by the Terms and Conditions, including the Additional Terms and Conditions and the related Privacy and Cookies Policies.
e) If you do not wish to be bound by these Terms and Conditions, you should not order the products and services and/or use the functionalities available on the ENGIBOTS Website.
f) The Terms and Conditions apply to all users of this platform and its services including, without limitation, visitors, suppliers, customers and others not specifically identified.
g) By agreeing to the Terms and Conditions, the User declares that, by accessing the functionalities of this Website and contracting its services, it has the legal age to, according to its personal law, provide consent and be contractually bound.
h) ENGIBOTS reserves the right to refuse to provide the functionalities and services to any person for any reason and at any time.
i) ENGIBOTS may update, modify or replace any part of these Terms and Conditions and the Privacy Policies associated to them, announcing such modifications in a proper place, and it is the user’s responsibility to periodically check for any changes.
These Terms and Conditions govern the use of the ENGIBOTS Website and provide information about our services. When you browse our Website or select any of our services, you implicitly agree to these Terms and Conditions.
ENGIBOTS PROVIDES DIFFERENT SERVICES WITH UNIQUE POLICIES, TERMS AND CONDITIONS. MAKE SURE YOU READ THEM CAREFULLY.
Any non-personal communications or content that You transmit to this site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like are non-confidential and non-proprietary information and will be treated as such.
By using our Website, You confirm that You accept the Terms and Conditions of use and that You agree to abide by them. If you do not agree to these Terms, you should not use the ENGIBOTS Website.
3. Acceptance of the Terms
You may accept the Terms and Conditions by simply browsing our Website. You understand and agree that ENGIBOTS will recognize your use as immediate acceptance of the Terms and Conditions.
You may not use the ENGIBOTS Website or accept the Terms and Conditions if you are not of age to bind this agreement with ENGIBOTS, or if you are prevented or legally prohibited from receiving our services under the laws of the country in which you reside or from which you access our services.
4. Entire Agreement
These Terms and Conditions, including its Privacy and Cookies policies, constitute the entire agreement between you and ENGIBOTS regarding the use of its platform and associated services.
These Terms and Conditions are an integral part of these Terms and Conditions and its Policies, which cannot be separated from them. If new Policies come into force after the date of these Conditions, these Terms and Conditions shall be amended by incorporating them.
In the event of contradiction or inconsistency between the documents that make up these Conditions, the latter shall prevail over the Policies.
5. Declarations and guarantees
In the event that any provision of these Terms and Conditions is declared by a competent court to be illegal, null and void or ineffective, such provision will be replaced, in whole or in part, by another provision that is enforceable, in order to reflect as closely as possible the terms of the clause in question.
The User agrees to guarantee the position of ENGIBOTS, defending it and its corporate bodies, managers, employees, partners, agents, contracted service providers, interns, suppliers, licensors from any claim or demand made by any third party, arising from its violation of these Terms and Conditions or the Policies that integrate the mode of operation of this platform, as well as the infringement and/or violation of any law or third party rights.
Failure by the user to comply at any time with any of its contractual obligations hereunder shall not imply a waiver of any rights nor shall it imply the acquisition of any right by the user.
ENGIBOTS may terminate these Terms and Conditions and associated Policies without notice in the following situations:
– If the User commits a serious breach of these Terms and Conditions;
– If any other breach occurs which may prevent or materially affect these Terms and Conditions;
– If any violation of Intellectual Property rights occurs;
With the termination of these Conditions, the User may no longer use this platform and its associated services.
6. Exclusion of warranties and limitation of liability
The user agrees that ENGIBOTS has no responsibility, direct or indirect, for the use the user makes of the products and services provided to it, being the user’s sole and exclusive responsibility the use of the same.
The User accepts and expressly declares that in no event shall ENGIBOTS, its corporate bodies, managers, employees, partners, agents, contracted service providers, interns, suppliers or licensors be liable for any direct, indirect, incidental, punitive or any other damages, losses, claims or demands of any kind, including, without limitation, lost profits, lost revenue, lost data, replacement costs, or any similar damages, whether based in contract, tort, with or without malice, arising out of or in connection with the use of any services purchased, including, but not limited to, any errors or omissions in any content posted, transmitted, or otherwise made available.
You use this Website solely at your own risk.
7. Intellectual Property
The User acknowledges that ownership and title to all intellectual property rights, including, but not limited to, rights to software, codes (source, object, etc.), copyrights, trademarks and trade secrets, are and shall remain the property of ENGIBOTS.
Likewise, the workflow processes, user interface, designs, know-how and other technologies provided by ENGIBOTS as part of the service, are the property of ENGIBOTS, as are all rights, title and interests relating to the aforesaid, including all associated intellectual property rights, which remain solely with ENGIBOTS.
The use of the products and services provided by ENGIBIBOTS does not grant the user any license to such rights, nor can it be assumed at any time that it does.
These Terms and Conditions do not grant the User any rights to use any trademarks and/or logos belonging to ENGIBOTS.
The User shall not copy, translate, disassemble or decompile, reverse engineer or otherwise create or attempt to create, reverse engineer or otherwise create the source and/or object code of ENGIBOTS.
The User will not remove any confidentiality or Intellectual Property notices.
ENGIBOTS warrants that, to the best of its reasonable knowledge, it does not infringe any intellectual property rights of third parties.
ENGIBOTS reserves all rights not expressly provided for and listed in this clause, and shall at no time be interpreted to mean otherwise, and in case of doubt shall always be interpreted to mean that the use in doubt is expressly prohibited by ENGIBOTS.
The user is responsible for obtaining, maintaining and paying for the necessary licenses for all hardware and software it uses made available by ENGIBOTS through a prior contract.
ENGIBOTS will take the necessary technological measures to protect the computer systems and their hardware, namely against viruses, worms, trojans, spyware and other malicious software.
If ENGIBOTS culpably fails to comply with this obligation, it shall be liable for any damages which the user may incur.
The User shall use the Website and the associated services in accordance with ENGIBOTS’ instructions and obligations under these Terms and Conditions, also undertaking to implement the necessary and adequate security measures to protect the systems and services provided to it by ENGIBOTS.
In case there is any breach of security, regardless of whether or not it jeopardizes the security and integrity of the data and systems of either Party, the Party that has knowledge of it shall immediately inform the other Party of the situation.
If the breach of security is suspected to have sought to erase, alter, destroy, in whole or in part, damage, delete, or render unusable or inaccessible programs or other computer data, hinder, prevent, interrupt, or seriously disrupt the functioning of the computer system by inputting, transmitting deterioration, damage, alteration, deletion, prevention of access to or deletion of programs or other computer data or any other form of interference with a computer system, or sought to illegitimately access or intercept computer systems, the affected Party shall submit a complaint to the competent authorities.
9. Prohibited Activities
The following actions are expressly prohibited to the User:
Selling, reselling, redistributing, sublicensing, renting or leasing the products and products and products and products and products and products and products and services made available by ENGIBOTS, in whole or in part, unless otherwise provided under an order or other written agreement with ENGIBOTS;
Use the products and services provided by ENGIBOTS to store or transmit illegal or illicit material;
Use the products and services provided by ENGIBOTS to store or transmit material that violates the rights of third parties;
Interfering with or disrupting the integrity or execution of the services;
Seek to gain unauthorized access to the products and services provided exclusively by ENGIBOTS and/or its computer systems;
Decompile, disassemble, reverse engineer the products and services provided by ENGIBOTS;
Seeking to obtain the source code, modify, decrypt, or create derivative works of the products and services provided by ENGIBOTS or any services provided under it or otherwise provided pursuant to this Agreement;
Access or use the products and services provided by ENGIBOTS to build a competing service and/or product, or copy any feature, function or graphic for competitive purposes.
If the user violates any of the above provisions, in addition to the right of ENGIBOTS to immediately terminate these Terms and Conditions, the user agrees to compensate ENGIBOTS in an amount never less than 250,000.00 Euros (two hundred and fifty thousand Euros), without prejudice to the right to claim additional compensation in court for damages, including compensation paid to third parties and costs of court and legal representation.
Failure to comply with the obligation contained in this clause shall constitute grounds for immediate termination of the Terms and Conditions.
10. Applicable Law and Venue
The present Terms and Conditions, as well as the associated Policies, are governed by the applicable provisions of Portuguese law.
For the resolution of any dispute arising from the Terms and Conditions, as well as from the associated Policies and which is not resolved by agreement, exclusive jurisdiction is hereby attributed to the District Court of Lisbon West with express waiver of any other, unless any court of specialized jurisdiction overrides by virtue of the law.
Both the User and ENGIBOTS agree that they will use their best efforts to resolve any dispute arising under the Terms and Conditions and the Policies in a timely manner and by agreement.
11. Legal Notice Update
ENGIBOTS reserves the right to make any changes and corrections to these Terms and Conditions. Please visit this page regularly to review these and new additional information.
By accepting these Terms and Conditions, the User expressly agrees that any communications that are made by ENGIBOTS in the scope of the services it may request by electronic means to the e-mail address indicated by the User in its registration.
The user may contact ENGIBOTS at the following e-mail address: email@example.com
YOU REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS, AS WELL AS ITS POLICIES AND SPECIFIC CONDITIONS, AND THAT YOU HAVE HAD THE OPPORTUNITY TO SEEK LEGAL ADVICE BEFORE ACCEPTING IT.
YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE RELATIONSHIP BETWEEN YOU AND ENGIBOTS AND THAT IT SUPERSEDES ANY PRIOR PROPOSAL OR AGREEMENT, WHETHER WRITTEN OR ORAL, AND ANY OTHER COMMUNICATION BETWEEN YOU AND ENGIBOTS RELATING TO THE SUBJECT MATTER HEREOF.
LAST VERSION: 29-05-2023