Terms and Conditions
Last updated: November 27, 2024
Hexmoth
Rua Augusta 274
1100-053 Lisboa, Portugal
These Terms and Conditions constitute a legally binding agreement between you and Hexmoth. By accessing or using our website and services, you acknowledge that you have read, understood, and agree to be bound by these terms. If you do not agree with any part of these terms, you must not use our website or services.
User Conduct and Obligations
1. Lawful Use Requirements
You agree to use our website and services only for lawful purposes and in accordance with these Terms and Conditions. You must comply with all applicable local, national, and international laws and regulations when using our services.
You are prohibited from using our services in any way that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use of our services.
2. Prohibited Activities
You expressly agree not to engage in any of the following prohibited activities:
- Using the website for any illegal, fraudulent, or unauthorized purpose
- Attempting to bypass security measures or access restricted areas
- Transmitting spam, chain letters, or unsolicited communications
- Uploading or transmitting viruses, malware, or malicious code
- Collecting or harvesting personal data of other users
- Impersonating any person or entity or misrepresenting your affiliation
- Engaging in automated data collection without express written consent
- Interfering with the proper operation of the website
3. Content Guidelines
Any content you submit or transmit through our services must:
- Be accurate and not misleading
- Respect intellectual property rights of others
- Not contain offensive, defamatory, or inappropriate material
- Not violate any person's privacy or publicity rights
- Comply with all applicable laws and regulations
4. Age Requirements
Our services are intended for users who are at least 18 years of age. By using our website, you represent and warrant that you are of legal age to form a binding contract. If you are under 18, you may only use our services with the involvement and consent of a parent or legal guardian.
Your Responsibilities
1. Compliance with Laws
You are solely responsible for ensuring that your use of our services complies with all applicable laws, regulations, and industry standards in your jurisdiction. This includes but is not limited to data protection laws, intellectual property laws, and commercial regulations.
2. Indemnification
You agree to indemnify, defend, and hold harmless Hexmoth, its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your use of our services, your violation of these Terms and Conditions, or your violation of any rights of a third party.
3. Privacy and Data Protection
You acknowledge that you have read and understood our Privacy Policy, which explains how we collect, use, and protect your personal information. You agree to comply with all applicable data protection laws when providing information to us.
4. Third-Party Interactions
Your interactions with third-party services, advertisers, or other users found on or through our website are solely between you and such third parties. You agree that Hexmoth is not responsible or liable for any loss or damage incurred as the result of any such interactions.
Disclaimers and Limitation of Liability
1. Disclaimer of Warranties
Our website and services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, Hexmoth disclaims all warranties, including but not limited to:
- Implied warranties of merchantability and fitness for a particular purpose
- Warranties regarding accuracy, reliability, or completeness of content
- Warranties that the service will be uninterrupted, timely, or error-free
- Warranties regarding the results obtained from using our services
2. Limitation of Liability
To the maximum extent permitted by applicable law, Hexmoth shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:
- Your use or inability to use our services
- Any unauthorized access to or use of our servers or personal information
- Any interruption or cessation of transmission to or from our services
- Any bugs, viruses, or malicious code transmitted through our services
- Any errors or omissions in content or for any loss or damage incurred
3. Exclusion of Damages
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.
4. Force Majeure
Hexmoth shall not be liable for any failure to perform our obligations where such failure results from any cause beyond our reasonable control, including but not limited to mechanical, electronic, or communications failure or degradation, natural disasters, acts of war, terrorism, civil unrest, government actions, or labor disputes.
Legal Information and Dispute Resolution
1. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of Portugal, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.
2. Jurisdiction
You agree that any dispute arising from or relating to these Terms and Conditions or your use of our services shall be subject to the exclusive jurisdiction of the courts located in Lisboa, Portugal. You consent to personal jurisdiction in such courts and waive any objection to venue.
3. Dispute Resolution
Before initiating any formal legal proceedings, we encourage you to contact us directly to seek a resolution. Most disputes can be resolved informally through good faith communication. We commit to working with you to find a mutually acceptable solution.
4. Severability
If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired. The invalid provision shall be replaced with a valid provision that most closely approximates the intent and economic effect of the original provision.
5. Entire Agreement
These Terms and Conditions, together with our Privacy Policy and any other legal notices published on our website, constitute the entire agreement between you and Hexmoth concerning your use of our services. They supersede all prior or contemporaneous communications and proposals, whether oral or written.
6. Modification of Terms
We reserve the right to modify these Terms and Conditions at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services after changes are posted constitutes your acceptance of the modified terms. We recommend reviewing these Terms and Conditions periodically.
7. Waiver
No waiver of any term or condition of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
Questions About These Terms?
If you have any questions or concerns about these Terms and Conditions, please don't hesitate to reach out to us.
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