This Terms of Service Agreement (“Agreement”) is entered into between REDHEAD STUDIOS LTDA (“Redhead Studios”), a company incorporated under the laws of Brazil with CNPJ 48.257.504/0001-18, and the user (“User”) who intends to use the services offered by Redhead Studios. By accessing or using any of Redhead Studios’ services, User acknowledges that they have read, understood, and agree to be bound by the terms and conditions of this Agreement. If User does not agree to these terms, User may not use the services offered by Redhead Studios.
1. Definitions
• “Services” refers to the various SaaS products offered by Redhead Studios, including but not limited to Atpage, Atmail, Athelp, Atblog, Atdocs, Atchange, Atlink, Atsale, Athotel, Atreal, Atevents, Atmenu, and Atprofile.
• “User Content” refers to any data, files, information, or other content uploaded, submitted, or transmitted by User through the Services.
2. Acceptance of Terms
By using the Services, User agrees to be bound by this Agreement. If User disagrees with any part of the terms, they must not use the Services.
3. Subscription and Payment
• 3.1 Subscriptions: Paid plans are available on a monthly or yearly basis and renew automatically unless canceled by the User.
• 3.2 Cancellation: User can cancel their subscription at any time without any fee. Upon cancellation, access to paid features will continue until the end of the current billing period.
• 3.3 Refunds: User can request a refund within 14 days of any payment, including renewals. The full amount of the last payment will be refunded.
4. User Responsibilities
• 4.1 Account Information: User agrees to provide accurate and complete information when creating their account and is responsible for maintaining the confidentiality of their account and password.
• 4.2 Content Responsibility: User is solely responsible for the content they upload or transmit through the Services. User agrees not to upload or transmit any content that is infringing, defamatory, obscene, or otherwise offensive.
• 4.3 Prohibited Use: User may not use the Services for any illegal or unauthorized purpose. Redhead Studios reserves the right to terminate User’s account for any conduct that it believes violates this Agreement or is harmful to other users, Redhead Studios, or third parties.
5. Content Ownership and Licensing
• 5.1 User Content: User retains all ownership rights to any content uploaded or stored on the Services. By using the Services, User grants Redhead Studios a non-exclusive license to store, process, and display User Content solely for the purpose of providing the Services.
• 5.2 Compliance: User is solely responsible for ensuring that their content does not infringe on any third-party intellectual property rights or violate any applicable laws or regulations.
6. Modification and Termination of Services
• 6.1 Modifications: Redhead Studios reserves the right to modify, suspend, or discontinue the Services at any time without notice.
• 6.2 Termination: Redhead Studios may terminate this Agreement and User’s access to the Services at any time, with or without cause, by providing notice to User. Upon termination, User’s access to the Services will be immediately revoked, and all User Content may be deleted.
7. Disclaimer of Warranties
Redhead Studios provides its Services on an “as is” and “as available” basis. Redhead Studios does not warrant that the Services will meet User’s requirements or be error-free, uninterrupted, or secure. Redhead Studios disclaims all warranties, whether express or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement.
8. Limitation of Liability
Redhead Studios shall not be liable for any damages arising from the use of, inability to use, or reliance on the Services, including but not limited to, direct, indirect, incidental, special, or consequential damages. Redhead Studios’ liability for any claim arising out of or relating to this Agreement shall not exceed the amount paid by User to Redhead Studios for the Services.
9. Indemnification
User agrees to indemnify, defend, and hold harmless Redhead Studios and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising from or related to User’s use of the Services, User Content, or User’s breach of this Agreement.
10. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Brazil, without giving effect to any choice of law or conflict of law provisions. Any dispute arising out of or relating to this Agreement shall be resolved exclusively in the courts of the Capital District of the State of Santa Catarina, Brazil, with the parties expressly waiving any other jurisdiction, no matter how privileged it may be.
11. Compliance with International Laws
Redhead Studios is committed to adhering to all applicable international laws and regulations, including but not limited to the General Data Protection Regulation (GDPR) in the European Union, the California Consumer Privacy Act (CCPA) in the United States, and other relevant data protection and consumer rights laws in any jurisdiction where our services are offered.
By using our services, User agrees to comply with all applicable international, national, and local laws. Redhead Studios will cooperate with legitimate law enforcement requests and regulatory inquiries from any jurisdiction, and will take all reasonable steps to ensure the lawful use of our services in accordance with the relevant legal frameworks of each country in which we operate.
12. Miscellaneous
• 12.1 Entire Agreement: This Agreement constitutes the entire agreement between Redhead Studios and User regarding the Services and supersedes all prior agreements and understandings, whether written or oral.
• 12.2 Assignment: Redhead Studios may assign this Agreement or any of its rights or obligations hereunder without User’s prior consent. User may not assign this Agreement or any of its rights or obligations hereunder without the prior written consent of Redhead Studios.
• 12.3 Waiver: The failure of either party to enforce any provision of this Agreement shall not be deemed a waiver of such provision or the right to enforce such provision.
• 12.4 Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
For any questions or concerns, please contact us at contact@redheadstudios.io