GRAPEGAIN, UNIPESSOAL LDA: Terms of Use
Last updated: September 26, 2023

Introduction
The terms and conditions contained hereinafter (“Terms of Use”) shall apply to
your access to and to use the website http://www.grapegain.com (“Website”)
and any other linked pages, products, software(s), API keys, features, content
or application services in connection therewith, offered from time to time by
GRAPEGAIN, UNIPESSOAL LDA (PRIVATE LIMITED COMPANY), registered
head office: Rua Natália Correia, nº 25, 2º esqº District: Setúbal Municipality:
Almada Parish: Laranjeiro e Feijó 2810 418 Almada, its licensors,
affiliates (“GRAPEGAIN” or “We” or “our” or “us”).
“Content” shall mean in these Terms of Use any trademarks, service marks
and/or trade names used by us on the Website from time to time, and other
content posted on the Website, including, but not limited to, images, pictures,
graphics, photographs, animations, videos, music, audio and text, available
through or posted on the Website.
Any natural or legal person ( hereinafter referred to as a “user”, “you”,
“your” ) logging on to or using the Website (even when such person does not
avail of any services provided in the Website (“Service”) shall be presumed to
have read these Terms of Use, which includes the Privacy Policy is available [
https://grapegain.com/files/privacy_policy.png] and Cookies Policy which is
available [https://grapegain.com/files/cookies_policy.png] (separately put up
on the Website and are an integral parts of these Terms of Use) and
unconditionally and irrevocably is accepted the terms and conditions set out
herein. These Terms of Use do not alter in any way the terms or conditions of
any other written agreement you may have with GRAPEGAIN for
other products, services or otherwise.
By accessing or using the Website, Content and/or Service available via the
Website, you signify that you have read, understood and agreed to be bound
by these Terms of Use in all respects with respect to the Website; such
agreement will be deemed for all legal purposes to be in writing and legally
enforceable as a signed written agreement. If you are not willing to be bound
by each and every term or provisions or if any representation made herein by
you is not true, you may not use, and must cease using, the Website.
Please read the terms set out hereunder carefully before You agree to them.
You can accept the Terms of Use by:• Clicking to accept or agree to the Terms of Use, where this option is made
available to you by GRAPEGAIN on the Website, User interface for any
particular Service; or
• Accessing, testing or actually using the Services. In this case, you understand
and agree that GRAPEGAIN will treat your use of the Services as acceptance
of the Terms of Use from that point onwards.
For the purpose of these Terms of Use the term “User” shall mean any natural
or legal person who has agreed to these Terms of Use on behalf of itself or
legal person, in this case you represent and warrant that you are authorized to
accept these Terms of Use on such legal person behalf and that such legal
person agrees to be responsible to us if you violate these Terms of Use.
For avoidance of doubt, if any provision of the Terms of Use becomes void or
unenforceable, the remaining provisions of these Terms of Use shall be binding
upon the User.

Amendments of the Terms of Use
We reserve the right to amend these Term of Use at any time without notice to
you, but we will use reasonable efforts to publish each amendment before such
amendment becomes effective. We will only amend these Terms of Use if the
provisions in the Terms of Use are no longer appropriate or if they are
incomplete, and only if the changes are reasonable. The latest, fully-amended
version of these Terms of Use will be published on the Website. You are
responsible for regularly reviewing the Website to obtain timely notice of such
amendments. If you continue to use the Website after the effective date of any
amendment, you will be conclusively deemed to have accepted such amended
version of these Terms of Use.

Eligibility. Allowing and restrictions to use of the Website.
The use of the Website is intended for your personal use and not for any
commercial use. The Website use only for lawful purpose and are not targeted
towards, nor intended for use by anyone under the applicable age of majority.
By using the Website, you represent and warrant that you have achieved your
legal age of majority or have not been previously suspended or removed from
the Website. We reserve, at our sole discretion, the right to refuse any request
by you to purchase any Service offered by Website.
In consideration of your use of the Website, Content and Service, you agree to
(a) provide accurate, current and complete information and
permit GRAPEGAIN to correct that information where it is known to be incorrect
or incomplete; (b) maintain and promptly update your information; (c) maintain
the security of your access to Services and the information you provide toGRAPEGAIN; and (d) promptly notify GRAPEGAIN if you discover or otherwise
suspect any security breaches related to the Website, Content and Service.
You may not harvest, collect, store or use information about the users of the
Website, the Content or other information posted on the Website and also may
not post on or transmit through the Website any content, in whatever format,
that is (i) defamatory, unlawful, harassing, abusive, obscene, threatening,
hateful, sexist or racist; (ii) violates any person’s privacy rights; (iii) violates any
applicable law, statute, regulations or rules; or (iv) constitutes SPAM or other
inappropriate network conduct.
Without limiting any of our rights, we may suspend, restrict or terminate your
use of the Website effective at any time, without notice to you if the operation
or efficiency of the Website or our or any third party’s equipment or network is
impaired by your use of the Website; we have received a third party complaint
which relates to your use or misuse of the Website; you have been or are in
breach of any provision of these Terms of Use; we are required to do so for
legal reasons; or if we have other valid reason to do so.

Proprietary Rights and License
The Services, Content and all other therein, including, without limitation, the
GRAPEGAIN logo, patent, designs, text, graphics, pictures, information,
data, software, sound files, trade secrets, domain names, URL, other files and
the selection and arrangement thereof are exclusively owned by GRAPEGAIN
(“Proprietary Rights”) and are protected by international copyright laws. You
hereby acknowledge that by accessing and using the Website and/or Services
you obtain no rights in or to the Proprietary Rights other than those expressly
granted under this Terms of Use.
We hereby grant you a limited, personal, non-exclusive, non-transferable,
revocable, license to access and make use of the Website. Without the
permission of the GRAPEGAIN You may not reproduce, adapt, distribute,
modify, or show in public any of the Content, including, any of its features or
components, Website, including files downloadable from the Website, not also
enter, access or attempt to enter or access or otherwise bypass the applicable
security system or interfere in any way with the Website or the Content.

Links to third-party websites
Where our Website contains links to and integration with third-party websites
and services (or any products or other services associated therewith) provided
by the third-parties, you acknowledge that your access to or use of
these websites and services is entirely at your own discretion and at your own
risk and you will be solely responsible for any loss or damage that may result
from such access or use.Your use of such websites and services will be a subject to the terms applicable
to each such website and service.

Disclaimers and Assumptions of Risk
Other than as expressly set out in these Terms of Use, the Website, Content
and Service are provided strictly on an “AS IS” and “AS AVAILABLE” basis
without any warranties. To the maximum extent permitted by applicable law, the
GRAPEGAIN disclaim all express, implied, and statutory warranties with
respect to the same, including without limitation any implied warranties of
merchantability, satisfactory quality, fitness for a particular purpose, accuracy,
completeness, non-infringement, non-interference, error-free service, and
uninterrupted service. GRAPEGAIN neither represents nor warrants that the
Website, Content and Service provided through the Websites, or software or
information downloaded from the Website will be accurate, current,
uninterrupted, error-free, omission-free, or free from viruses or other harmful
components.
Some jurisdictions prohibit the disclaimer of certain warranties or conditions or
the limitation of certain types of liability. In such circumstances, to the extent
that such prohibitions prohibit any exclusions and limitations in these Terms of
Use, such exclusions and limitations will not apply to you strictly to the extent
necessary to make these Terms of Use consistent with such prohibitions.

Limitation of Liability
To the maximum extent permitted by applicable law, GRAPEGAIN exclude all
liability for any loss or damage of whatever kind and however arising in
connection with your use of, or inability to use, the Website and any materials
you obtain via the Website save that we do not exclude or limit in any way our
liability to you where it would be unlawful for us to do so.
To the maximum extent permitted by applicable law, GRAPEGAIN disclaim all
liability and shall not be liable for any direct, indirect, incidental, special,
consequential or punitive losses or damages, including without limitation
damages for lost profits or revenues, goodwill, work stoppage, security
breaches, viruses, computer failure or malfunction, use, data or other intangible
losses or commercial damages, even if any of such parties are advised of the
possibility of such losses, arising under or in connection with these Terms of
Use and Website.
The GRAPEGAIN shall not be responsible or liable to you or any other
person for any errors or omissions in the Website, any information made
available through Website, any decision made or action taken in reliance on the
Website or the information made available through Website, or for any loss ordamages that arise out of or in connection with your use of the Website or any
materials obtained by you or in connection with the Website. The
maximum aggregate liability of GRAPEGAIN for any liability arising under or in
connection with this Terms of Use, to you or any other third party howsoever
arising(including by way of negligence or any other theory of law) shall be
limited to the aggregate amount paid by you for the purchase of the product or
services directly giving rise to such liability.
You are solely responsible to determine whether the access and use of the
Website and/or the Content by you, and the purchase of Services, are permitted
under any applicable laws, rules or regulations and will fully indemnify, defend
and hold us and our agents, contractors and suppliers harmless on demand
from and against any and all losses, costs, expenses, claims, demands,
liabilities and damages (including legal fees), however caused, that may arise
as a result of or in connection with (a) access and use of the Website and/or
Service by you or by anyone else on your behalf; or (b) breach by you of any of
the terms and provisions of these Terms of Use.

Assignment
We may at any time assign our rights and obligations under these Terms of
Use, in whole or in part, without notice to you. You may not assign these Terms
of Use without our prior, written consent. These Terms of Use will inure to the
benefit of and bind you and us and our respective personal and legal
representatives, successors and permitted assigns.

Applicable Law
These Terms of Use and all disputes and claims arising out of or in connection
with them are governed by Portuguese law. With the sole exception of any
application for injunctive relief, the parties irrevocably agree that the courts of
Portugal have exclusive jurisdiction to settle any dispute or claim (whether
contractual or non-contractual) arising out of or in connection with these Terms
of Use or the Services (including their subject matter or formation).

Contact Us
If you have any questions regarding this Terms of Use, please contact us using
the information below:
GRAPEGAIN
Rua Natália Correia, nº 25, 2º esqº District: Setúbal Municipality: Almada
Parish: Laranjeiro e Feijó 2810 418 Almada
E-mail: info@grapegain.com