Terms of Service

Last updated: December 19, 2024

These Terms of Service ("Terms") set out the general conditions applicable to the use of the cloud computing services offered by Bycoded Tecnologia Ltda. ("Basaltic", "we", "us", or "our"), registered under CNPJ No. 25.135.945/0001-41., with its head office in São Paulo/SP. By creating an account, accessing the console, or using any Basaltic service, you ("Customer", "you", or "user") declare that you have read, understood, and fully agreed to these Terms.

1. Definitions

Services: all products, features, APIs, console, and infrastructure resources made available by Basaltic.
Account: the Customer's registration on the Basaltic platform, which grants access to the Services.
Console: the web control panel used to manage the Services.
Customer Content: data, files, applications, and information stored or processed by the Customer through the Services.
Credits: promotional amounts granted by Basaltic for use on the Services.

2. Eligibility and Registration

2.1 To use the Services, you must:

Be at least 18 years old, or of legal age in your jurisdiction
Have the legal capacity to enter into binding contracts
Provide truthful, complete, and up-to-date registration information
Keep your access credentials confidential

2.2 You are responsible for all activity carried out under your Account and must notify Basaltic immediately of any unauthorized use or suspected security breach.

3. Use of the Services

3.1 Permitted Use: The Services must be used exclusively for lawful purposes, in compliance with Brazilian law, these Terms, and the technical documentation provided.

3.2 Prohibited Use: The following is expressly forbidden:

Violating laws, regulations, or third-party rights
Distributing malware, viruses, or malicious code
Carrying out denial-of-service (DDoS) attacks or intrusion attempts
Sending spam or unsolicited bulk communications
Storing or distributing illegal or defamatory content, or content that infringes intellectual property
Mining cryptocurrency without prior authorization
Reselling the Services without a specific agreement
Attempting to access other customers' systems or data
Circumventing platform limits, quotas, or security controls

3.3 Basaltic reserves the right to investigate suspected misuse and to suspend or terminate Accounts that breach these Terms, without prior notice where necessary to protect the platform or other customers.

4. Pricing and Payment

4.1 Prepaid Model: The Services operate on a prepaid model. You must add credits to your Account before using resources. Consumption is calculated per second of use and deducted automatically from the available balance.

4.2 Payment Methods: You can add credits to your Account by credit card or PIX. You can configure automatic top-ups to maintain a minimum balance on the Account.

4.3 Insufficient Balance: When the Account balance is insufficient:

You will receive alerts when the balance is low
Services may be suspended when the balance reaches zero
Resources suspended for lack of balance may be deleted after 30 days

4.4 Taxes: Prices do not include taxes, fees, or contributions that may apply to the Services. You are responsible for paying any applicable taxes, except those levied on Basaltic's income.

4.5 Promotional Credits: Granted credits are personal, non-transferable, have an expiry date, and cannot be converted into cash. Basaltic may modify or end credit programs at any time.

5. Service Levels (SLA)

5.1 Basaltic commits to the availability levels described in each product's SLA documentation. If the SLA is not met for reasons attributable to Basaltic, the Customer is entitled to service credits under the SLA policy in force.

5.2 SLA Exclusions: The SLA does not cover:

Scheduled maintenance announced in advance
Outages caused by factors outside Basaltic's control
Problems arising from improper use or use that departs from the documentation
Third-party attacks, natural disasters, or force majeure
Delinquent or suspended Accounts

6. Technical Support

6.1 Basaltic offers different support levels depending on the plan you contract. Channels, hours, and response times are described in the support documentation.

6.2 Support covers questions about how Basaltic's Services work and does not include development, debugging of the Customer's applications, or architecture consulting, unless contracted separately.

7. Intellectual Property

7.1 Basaltic's Property: All rights in the Services, software, documentation, trademarks, logos, and related materials belong exclusively to Basaltic or its licensors. No intellectual property rights are transferred to the Customer.

7.2 Customer Content: You retain all rights in your Content. By using the Services, you grant Basaltic a limited license to host, process, and transmit your Content solely to provide the Services.

7.3 Feedback: Suggestions, ideas, or comments you provide may be used by Basaltic to improve the Services with no obligation to compensate you.

8. Confidentiality

Each party agrees to protect the other's confidential information with the same degree of care it uses for its own confidential information, and no less than a reasonable standard. Confidential information may only be disclosed to employees, contractors, or subprocessors who need the access and are bound by confidentiality obligations.

9. Data Protection

9.1 Basaltic's processing of personal data is governed by our Privacy Policy, which forms an integral part of these Terms.

9.2 Where Basaltic acts as a processor of personal data on the Customer's behalf, the terms of the Data Processing Agreement (DPA), available upon request, apply.

9.3 The Customer is responsible for ensuring the lawfulness of any processing of third-party personal data it carries out using the Services.

10. Limitation of Liability

10.1 Disclaimer of Warranties: THE SERVICES ARE PROVIDED "AS IS". BASALTIC MAKES NO EXPRESS OR IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, EXCEPT WHERE EXPRESSLY SET OUT IN THESE TERMS.

10.2 Limitation of Damages: UNDER NO CIRCUMSTANCES SHALL BASALTIC BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION.

10.3 Maximum Cap: BASALTIC'S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS IS LIMITED TO THE AMOUNT PAID BY THE CUSTOMER IN THE 12 MONTHS PRECEDING THE EVENT THAT GAVE RISE TO THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless Basaltic, its directors, employees, and partners from any claims, damages, losses, or expenses (including legal fees) arising from: (a) use of the Services in breach of these Terms; (b) your Content; (c) violation of laws or third-party rights.

12. Suspension and Termination

12.1 Suspension by Basaltic: We may suspend access to the Services immediately, without prior notice, in the event of:

Breach of these Terms or prohibited use
Non-payment
Risk to the security of the platform or other customers
Legal or regulatory requirement

12.2 Termination by the Customer: You may close your Account at any time through the console. Closing the Account does not release you from paying amounts due.

12.3 Effects of Termination: After termination:

Access to the Services will stop immediately
Customer Content will be retained for 30 days for recovery, after which it is permanently deleted
Unused credits will be cancelled
Payment obligations remain due

13. Changes to the Terms and Services

13.1 Changes to the Terms: We may modify these Terms at any time. Material changes will be announced at least 30 days in advance through the console or by email. Continued use of the Services after the changes take effect constitutes acceptance of the new Terms.

13.2 Changes to the Services: Basaltic may modify, suspend, or discontinue features of the Services. Significant discontinuations will be announced with reasonable notice.

14. General Provisions

14.1 Governing Law: These Terms are governed by the laws of the Federative Republic of Brazil.

14.2 Jurisdiction: The courts of the district of São Paulo/SP are elected to settle any disputes arising from these Terms, waiving any other, however privileged.

14.3 Assignment: You may not assign or transfer your rights or obligations under these Terms without Basaltic's prior consent. Basaltic may assign these Terms to any affiliate or in the event of a merger, acquisition, or sale of assets.

14.4 Entire Agreement: These Terms, together with the Privacy Policy and applicable documentation, constitute the entire agreement between the parties.

14.5 Waiver: One party's tolerance of a breach of any provision does not waive its right to require compliance later.

14.6 Severability: If any provision of these Terms is held invalid, the remainder stays in full force.