Terms of Use

1. Contracting Entity and Definitions

The Service is provided by [LEGAL ENTITY NAME], a company organized under the laws of [JURISDICTION], with registered address at [REGISTERED ADDRESS] ("Berimbolo", "we", "us", "our").

"User", "you", and "your" mean any person or legal entity accessing or using the Service. Capitalized terms not otherwise defined have the meaning given in these Terms.

2. Eligibility and Authority

You represent and warrant that: (a) you are at least the age of majority in your jurisdiction (or have valid parental/guardian consent where permitted); (b) you are legally capable of entering into a binding agreement; and (c) if acting for an organization, you have authority to bind such organization.

3. Account Registration and Security

You may be required to create an account to use some or all features. You must provide accurate and current information and keep it updated. You are solely responsible for safeguarding account credentials and for all activity under your account, whether or not authorized by you.

You must promptly notify us at hello@berimbolo.io of any suspected unauthorized access or account compromise.

4. License Grant and Service Access

Subject to compliance with these Terms, Berimbolo grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal, personal, and non-commercial training tracking purposes unless otherwise authorized in writing.

No rights are granted except as expressly set forth herein.

5. Acceptable Use and Prohibited Conduct

You must not, directly or indirectly:

• Use the Service in violation of applicable law, regulation, or third-party rights.
• Attempt unauthorized access to systems, networks, accounts, or data.
• Interfere with Service integrity, availability, or performance.
• Reverse engineer, decompile, disassemble, or derive source code except where prohibited by law.
• Upload malicious code or content (including malware, spyware, or harmful scripts).
• Use bots, scraping, or automation in a way that burdens or disrupts the Service.
• Impersonate individuals or entities, or misrepresent affiliation/identity.
• Use the Service to process sensitive categories of data unless explicitly permitted in writing.

6. User Content and Data Rights

You retain ownership of content and data you submit, upload, or generate through the Service ("User Content"). You grant Berimbolo a worldwide, non-exclusive, royalty-free license to host, process, transmit, reproduce, and display User Content solely as necessary to operate, secure, improve, and provide the Service.

You represent and warrant that you have all rights, permissions, and legal basis required for User Content and that User Content does not violate law or third-party rights.

7. Intellectual Property

The Service, including software, interfaces, branding, trademarks, logos, and documentation, is owned by Berimbolo or its licensors and protected by intellectual property laws. Except for the limited license above, no ownership rights are transferred to you.

8. Third-Party Services and Links

The Service may integrate or link to third-party services (including identity, analytics, cloud messaging, and video platforms). We are not responsible for third-party services, policies, or content. Your use of third-party services is governed by their terms and policies.

9. Fees and Billing (If Applicable)

Certain features may require payment. If paid features are offered, pricing, billing terms, taxes, and refund rights will be presented at purchase and form part of these Terms.

10. Beta Features

Beta or preview features may be offered on an "as is" basis, may contain errors, and may be modified or withdrawn at any time without liability.

11. Disclaimer of Warranties

To the maximum extent permitted by law, the Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, statutory, or otherwise, including merchantability, fitness for a particular purpose, non-infringement, and uninterrupted availability.

12. Limitation of Liability

To the fullest extent permitted by law, Berimbolo and its affiliates, officers, directors, employees, agents, and licensors shall not be liable for indirect, incidental, special, consequential, punitive, or exemplary damages, or loss of profits, revenues, data, goodwill, or business opportunities.

To the fullest extent permitted by law, Berimbolo's aggregate liability arising out of or related to these Terms or the Service shall not exceed the greater of: (a) amounts paid by you to Berimbolo in the 12 months preceding the event giving rise to the claim; or (b) EUR 100.

13. Indemnification

You agree to defend, indemnify, and hold harmless Berimbolo and its affiliates from and against claims, damages, liabilities, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of law or third-party rights.

14. Suspension and Termination

We may suspend or terminate access, with or without notice, where reasonably necessary for security, legal compliance, abuse prevention, or material breach of these Terms. You may stop using the Service at any time and request account deletion as described in the Privacy Policy.

15. Changes to the Service and Terms

We may modify the Service and these Terms from time to time. Material changes will be notified through reasonable channels (for example, in-app notice or email). Continued use after the effective date of updated Terms constitutes acceptance.

16. Governing Law and Dispute Resolution

These Terms are governed by the laws of [GOVERNING LAW JURISDICTION], excluding conflict of laws principles. Disputes shall be subject to the exclusive jurisdiction/venue of [COURTS/ARBITRATION FORUM], unless mandatory law requires otherwise.

17. Miscellaneous

• Severability: if one provision is unenforceable, the remaining provisions remain effective.
• No waiver: failure to enforce a right is not a waiver of that right.
• Assignment: you may not assign these Terms without our prior written consent.
• Entire agreement: these Terms and referenced policies form the complete agreement.

18. Contact

Legal inquiries: hello@berimbolo.io

Controller/Operator:
Marcio Vieira
Ireland
Contact: berimbolo@twomindslab.com