Terms and Conditions

This page intends to outline the terms of service (Terms) that constitute an agreement between Torpedo – Serviços de Informática, Lda (Torpedo) and You, and it applies to any Products (services, websites, solutions, platforms, and products) you purchase through Microsoft AppSource, Azure Marketplace, or directly from our website (collectively “Store”). These terms and conditions apply to any of our Products, as well as its updates or supplements, unless specific terms are included with the Product package.

We recommend that You read these terms carefully.

Note that by downloading, installing, or using Torpedo’s products and services, you are accepting these Terms. If you do not wish to accept the Terms, you must not download, install or use them.

1. License

License grant. Our Products are licensed and not sold. The agreement gives you some rights to use the application, being solely for Your own use and business purposes. They are non-transferable, unless expressly permitted by the applicable law.

If the Product enables access to any Internet-based services or is provided with components subject to open-source software licenses, Your use of those services may be subject to additional or separate terms and conditions.

Use Rights. Licenses granted on a subscription basis expire at the end of its subscription period, as set forth in the order, unless renewed. Licenses granted for metered products and services are billed periodically based on usage. All other licenses are perpetual upon payment in full. As subscriber, You will control access to and use of the Product by the end-users and are responsible for any use that does not comply with the Terms.

Reservation of Rights. Torpedo reserves all rights not expressed in the Terms. The Products are protected by copyright and other intellectual property laws and international treaties, and this agreement does not give You any right to implement Torpedo’s patents or other intellectual property in the device itself or in any other software or devices.

Restrictions. Unless expressly permitted in the Terms, Documentation (manuals, handbooks, training material, requirements, etc.) or specific Order, You are not authorized to: a) Copy, modify, reverse engineer, decompile, or disassemble any Product, or attempt to do so; b) Install or use any third-party software or technology in any way that would subject Torpedo’s intellectual property or technology to any other license terms; c) Work around any technical limitations in a Product or restrictions in the Documentation; d) Separate and run parts of a Product on more than one device; e) Upgrade or downgrade parts of a Product at different times; f) Use a Product for any unlawful purpose; g) Transfer parts of a Product separately; or h) Distribute, sublicense, rent, lease, or lend any Products, in whole or in part, or use them to offer hosting services to a third party.

2. Privacy

Personal Data. The parties will abide by the requirements of the General Data Protection Regulation (GDPR) regarding the use, transfer, retention, and other processing of Personal Data. More information can be found about the subject on our Market Privacy Policy page.

Security. Torpedo will take appropriate security measures that are required by Data Protection Laws and in accordance with good industry practice relating to data security.

Support Data. Torpedo may collect and use Support Data internally to provide technical support for the Product. Torpedo will not use support data for any other purposes unless otherwise agreed in writing by the parties.

3. Warranty and Support

Service Level Agreement (SLA). Torpedo may offer further availability and support obligations for a Product. Such SLAs will be made available by Torpedo at the applicable URL for such SLAs or as otherwise communicated to You.

Disclaimer. Unless expressly stated in the Terms, and with the exception of updates or patches, the Product is provided as is. To the maximum extent permitted by law, Torpedo gives no express warranties, guarantees, or conditions in relation to the Product, including of fitness for any particular purpose. You may have additional consumer rights to the extend permitted by Your local laws.

Feedback. Feedback is given voluntarily. Any Feedback received by Torpedo gives it the right to make, use, modify, distribute, and commercialize the Feedback as part of Torpedo’s products and services, in whole or in part.

4. Limitation and Exclusion of Remedies and Damages

General. To the extent not prohibited by law, You can recover from Torpedo only direct damages (up to the amount you paid for the Product). You do not have the right to recover from Torpedo any other damages, including consequential, lost profits, special, indirect or incidental damages.

Limitation. This limitation applies to: a) anything related to the Product, services made available through the Product, or content on third party Internet sites; and b) claims for breach of contract, breach of warranty, guarantee or condition, or strict liability, negligence violation of a statute or regulation, unjust enrichment, or other, to the extent permitted by applicable law. It also applies even if a repair, replacement of refund for the Product does not fully compensate you for your losses, or if Torpedo knew or should have known about the possibility of the damages.

5. Applicable Law

Term of the Agreement. The Terms are effective until terminated by one of the parties on accordance with applicable laws and regulations.

Applicable Law. The laws of the province, state or country where You live (or where Your principal place of business is) govern the interpretetion of the Terms, claims for breach, and all other claims (including consumer protection, unfair competition, and tort claims).

Compliance with laws. Torpedo will comply with all laws and regulations applicable to its provision of the Products. Torpedo will obtain and maintain any approvals, licenses, filings, or registrations necessary to its performance, and will comply with all law (including law related to export, corruption, money laundering, or any combination). You must also comply with laws applicable to the use of the Products.