Terms of Service

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE AND / OR CONTRACTING OUR SERVICES


This website is owned by EMBRITIVE, Lda, a private limited company with headquarters in Avenida Aida, n25, Apt 32, 2765-267 Estoril.

For all effects of this agreement, the following definitions are acknowledged:

  • Service - Shaperbuddy / Shaperbuddy.com
  • Service Provider - Embritive
  • User - Individual or corporation who acquires the Service
  • Account - Each user's domain
  • Site - Shaperbuddy.com
A) Terms of Service

By using Shaperbuddy.com ("Service"), and contracting the provision of this Service the user agrees to be bound to the following terms and conditions ("Terms of Service"):

  1. Embritive reserves the right of periodically updating and changing the Terms of Service, without prior notice;
  2. Any new feature that improves upon or betters the current service, including new tools and features, is subject to the conditions established in the Terms of Service;
  3. By continuing to use the Service after any changes have been made by Embritive, the user expresses acceptance of such changes;
  4. The user may access the latest version of the Terms of Service at any time at http://www.shaperbuddy.com/home/aboutus/legal/en/;
  5. Violation of any of the conditions established in the Terms of Service enables Embritive to terminate the infringing user's account;
  6. Although Embritive forbids such conduct and content on Service, the user understands and agrees that Embritive cannot be held accountable for the content entered upon the Service, even though he or she might be exposed to such content;
  7. 7.The user accepts and assumes all risks in using the Service.
B) Terms of Use - Account
  1. To be eligible to use the Service, the user must be at least 18 years old;
  2. To sign up for the Service, the proponent must state his or her full name and a valid email address, as well as any other information requested by the service provider;
  3. Login to the Account is meant for a single user - login sharing by several people is forbidden. The user can create separate logins for as many users as his or her plan allows;
  4. The user is fully responsible for keeping his or her account and password safe and confidential. Embritive can't and won't be held accountable for the abuse of the service, nor for any loss or damage in the aftermath of user infringement or failure to ensure this security obligation;
  5. The user is responsible for any content inserted and for all activity that occurs in his or her account (even when such content is inserted by other users who have accessed the account). By submitting or publishing content in the public areas of the Service, the user declares to be its owner, exempting Embritive of any and all responsibilities, monetary or otherwise, inherent to the management or issuance of any document.
  6. The user assumes all risks and costs inherent to the use of the Service while granting Embritive the power to issue documents out of its own accord;
  7. The user cannot employ the Service for illegal/criminal, fraudulent or unauthorized purposes. The User cannot, while using the Service, violate any law of any jurisdiction (including, but not limited to, copyright law).
C) Terms of Use

Clients/users can navigate/consult their Shaperbuddy account data ("Website terms of use"). Any use of the website is bound to the terms in this agreement and, specifically, to the following terms.

  1. The user understands and agrees that Embritive cannot be held accountable for, not even for mere negligence, for any direct, indirect, special, consequential or exemplary damage, including but not limited to: damage for loss of profit, good faith, misuse, data or other intangible losses (even if Embritive was warned of the possibility of such losses), resulting of their using the site or third party products they access through the Site;
  2. Embritive reserves the right to change or discontinue, on either a temporary or a permanent basis, access to the website (or any part of it) at any time, with or without prior notice.
  3. In the event of permanent discontinuation of the Service, Embritive will inform the user of the fact with a notice, 30 (thirty) days before the date in which the aforementioned termination will occur.
D) Payment, Refunds, Upgrading and Downgrading Terms
  1. Account and service payment should be made by credit card, with the credit card details informed in advance. An invoice is issued in the first business day after the end the usage month and the credit card is charged in the next business day.
  2. The user is responsible for paying any charges, taxes or tributary or lawful obligations for the use of the Service.
  3. The agreed price does not include any charges, taxes or obligations imposed by the tax authorities.
  4. Service price for an account can't be reduced and is not subject to renegotiation with Embritive.
E) Termination and Cancellation
  1. The user is the sole responsible for adequately canceling his or her account. Canceling can be completed at any time through the Service's website. The cancelation of the service can be requested by email, anytime, to the account manager.
  2. After the user has canceled the Service, account content will be automatically deleted and the information and content saved/stored/kept can't be recovered, therefore Embritive strongly advises the User to create a security or backup archive.
  3. At its own discretion, Embritive has the right to suspend or terminate any user's account and to refuse any and all present and future use of the Service, or of any other service provided by Embritive, for any reason, at any given moment. Service termination denotes deactivation and/or suppression of the user's Account, or even preventing the user from accessing the Account, as well as the right to confiscate all content fro the user's account.
  4. Embritive reserves the right of refusing to provide the Service to any individual or company for any reason, at any given moment.
F) Changes to Service and Prices
  1. Embritive reserves the right, periodically and at any given moment, to change or discontinue the Service (or any part of it), on either a temporary or permanent basis, without prior notice or with 30 consecutive days prior notice in the event of permanent discontinuation.
  2. Embritive can discontinue the Service or part of it, whenever it identifies the need to perform changes or corrections. The user expressly accepts that Embritive provides such corrections as part of the Service and the possible flaws inherent to them.
  3. As part of the service, Embritive can also produce temporary discontinuities and changes and to the Service, subsequent to the correction of software issues, perfecting features, general improvements or even fully new versions of the service, aimed at improving its provision, thus intended at maximal user satisfaction and benefit. Embritive will not be held accountable to the User or any third parties for any damages that may result or be the outcome of a termination or suspension of the account and/or user access to the Service.
  4. All Service prices, including but not limited to the monthly fee for the Service's charge rate, are subject to changes pending a prior 30-day notice. That notice can be given at any time through the publishing of the changes on the Shaperbuddy website (www.shaperbuddy.com) or on the Service itself.
  5. Neither the user nor any third parties can hold Embritive accountable contractually, extra- contractually, criminally or in any other form for any changes or alterations to prices, or the suspension or termination of the Service.
G) Copyright and content propriety
  1. All Service Rights are reserved to Embritive. The user accepts that the Service contains protected and confidential information that is ruled by the applicable legislation.
  2. The user cannot duplicate, copy, reproduce, redistribute, reuse or transform any part of the Website, Service or Account, with visual or design element or concepts, total or partially, for free or for a charge, without explicit written consent by Embritive, at the risk of incurring in civil or criminal charges.
  3. Embritive doesn't claim any intellectual propriety right upon content, material or profile that the user might enter into the Service.
H) General conditions
  1. The user assumes his or her own risk while using the Service. Service is provided “as is” and “as available”.
  2. Tech support is provided by email to users and holders of paid accounts who are not behind or in default on payments.
  3. Embritive uses partners for hosting and suppliers to provide for hardware, software, networks, storage and related technologies needed to run the site.
  4. The user can't modify or adapt the Service's Website.
  5. The user can't use the image, contents and information of the Service's Website, not even to modify another site, so as to falsely imply that it is associated with Embritive's website, or with any other service provided by Embritive.
  6. The user can't duplicate, copy, reproduce, redistribute, sell, resell or explore any portion of the Website, Website use, or Website access without explicit written consent by Embritive, at the risk of incurring in civil or criminal charges.
  7. The user mustn't upload, insert, host or transmit emails, text messages or unsolicited "spam" messages.
  8. The service is provided online; therefore Embritive can't be held accountable for any connectivity flaws and subsequent impossibility use.
  9. The user must take preemptive measures to ensure his or her security, so as to avoid transmitting any viruses or worms or any code that is destructive in nature.
  10. Embritive doesn't guarantee that (i) the Service will satisfy a given user's particular needs, (ii) the service will be continuous, timely, safe or error free, (iii) the results that can be obtained by using the service will be exact or reliable, (iv) the quality of products, services information or other material bought or acquired by the user through the Service will meet his or her expectations, and (v) any mistakes on the service will be corrected.
  11. The user explicitly understands and agrees that Embritive can't be held accountable for any direct, indirect, accidental, special, consequential or exemplary damages, including but not limited to: damages for loss of profit, good faith, misuse, data or other intangible losses (even if Embritive was warned of the possibility of such losses), resulting of: (i) the use or the inability to use the service, (ii) the cost of acquiring replacement goods and services as a result of any goods, data, information or services acquired or obtained, or messages received or operations contracted through the service, (iii) unauthorized access or changes to your data transmissions, (iv) declarations or conduct by third parties upon the Service, (v) or any other questions regarding the Service.

Any doubts or questions about the Terms of Service should be directed to the Support team.

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