dbsnOOp DATABASE TECHNOLOGY LTD., a limited liability company, headquartered at São José dos Campos Technological Park located at 500 Dr. Altino Bondesan Road, Zip Code 12.247-016, São José dos Campos/SP, registered under CNPJ number 42.346.524/0001-89 ("dbsnOOp"), is the private legal entity responsible for operating an innovative digital platform for monitoring servers, databases, applications, and other infrastructure items ("Platform").

Through these Terms of Use ("Terms"), dbsnOOp presents to users ("Users" or "User") the essential conditions for using the services offered on the Platform.

When using the Platform or services offered by dbsnOOp, Users accept and submit to the conditions of these Terms of Use and the Privacy Policy.

TITLE I - GENERAL CONDITIONS

1. General Provisions

1.1. The dbsnOOp platform, operating as a Software as a Service (SaaS), is an innovative digital solution designed for monitoring servers, databases, applications, and other infrastructure items.

1.1.1. For monitoring purposes, dbsnOOp may collect telemetry data from infrastructure items registered by the User (e.g., CPU usage, network bandwidth, disk usage).

1.2. Access to and use of the dbsnOOp Platform are granted upon acceptance of these Terms of Use, at which point the user's access credentials are generated.

1.3. By registering on the dbsnOOp Platform, the user declares to have fully read, understood, and accepted these Terms of Use, having full access to the platform's features and services without any distinction or restriction.

1.4. The failure or non-performance by dbsnOOp of any right or provision of these Terms does not constitute a waiver of such rights or provisions. Any waiver of rights or clauses shall only be effective if made in writing and signed by a duly authorized representative of dbsnOOp.

2. Registration

2.1. Registration on dbsnOOp is done directly on the Platform by filling out the required data.

2.1.1. During the registration of new users, dbsnOOp will request information such as CNPJ (Corporate Tax ID), Company Name, Address, Phone Number, and email. These data are collected for communication, security, provision of statistics for platform improvement, and facilitation of the registration and access process.

2.2. When creating an account on dbsnOOp, the user commits to providing true and updated information, being responsible for the authenticity of this data. Users are civilly and criminally responsible for the truthfulness and accuracy of the registered data.

2.3. dbsnOOp does not guarantee the truthfulness, accuracy, or currency of the information provided by users, but reserves the right to verify the identity of users and request additional data and documents as necessary.

2.4. Users must immediately notify dbsnOOp of any suspicion or knowledge of unauthorized use of their accounts. They are responsible for the operations carried out in their accounts, as access is only possible through a unique verification system.

2.5. dbsnOOp is not responsible for misuse of the account resulting from the use of features such as "remember password" on personal or third-party devices.

2.6. Transfer, sale, or rental of the account is prohibited. Users with accounts canceled due to violations of dbsnOOp policies or legislation may not create new accounts. The sale, rental, or transfer of any credits or benefits within the platform is not permitted.

2.7. Each user may have only one registration on dbsnOOp. In case of multiple registrations by the same user, dbsnOOp has the right to disable and delete these registrations without prior notice.

3. Exemptions and Limitations of dbsnOOp's Liability

3.1. dbsnOOp respects and complies with all laws and regulations applicable to its activities and expects all its Users to do the same. However, dbsnOOp cannot guarantee and assumes no responsibility for its Users' compliance with any laws or regulations. By using the Platform, the User acknowledges, understands, and agrees that they are solely and entirely responsible for complying with all laws, regulations, legal, and tax obligations that may apply to their use.

3.2. dbsnOOp does not guarantee the accuracy or authenticity of the information and content provided by Users and has no obligation to verify or monitor them. However, dbsnOOp reserves the right to do so, directly or through suppliers or third parties, to ensure the quality of services provided and compliance with these Terms or to comply with applicable law or an order from a competent authority. These checks include, but are not limited to: (i) verifying the accuracy, authenticity, and timeliness of personal identification information; (ii) verifying academic, professional, criminal, credit, online reputation, or any other information that may assist dbsnOOp in evaluating the User's ability or likelihood to fulfill responsibilities towards dbsnOOp, the Users; (iii) contacting professional or personal references provided or not by the User; and (iv) ceasing, viewing, and monitoring any and all content posted or transmitted by the User through the Platform. By accepting these Terms, the User expressly authorizes the verification to be carried out by any of the means established above.

3.3. If dbsnOOp is joined as a defendant in judicial proceedings stemming from actions of the user, the user will be summoned to the process and must bear all resulting costs and liabilities.

3.4. The Platform may contain links to other websites. This does not imply any relationship of partnership, supervision, complicity, endorsement, or solidarity of dbsnOOp with these sites, their content, products, or services. The User acknowledges and agrees that dbsnOOp is not responsible for the availability or accuracy of such websites or resources or for the content, products, or services contained or made available through such websites or resources. The User assumes sole and total responsibility for all risks and any damages and/or losses arising from the use of any of these sites or their content, products, or services.

3.5. dbsnOOp is not responsible for: (i) any defects, technical and/or operational issues (problems, bugs, and glitches) or improper functioning that may occur on Users' devices and equipment or third parties' devices and result from the regular use of the Platform; (ii) any direct or indirect damage caused by third-party events, such as hacker attacks, system failures, server failures, or Internet connection failures, including actions of malicious software such as viruses, Trojans, and others that may in any way damage Users' equipment or connection as a result of accessing, using, or browsing the Platform, as well as the transfer of data, files, images, and texts contained therein; (iii) Users' navigation on external links contained on the Platform, as it is their duty to read any Terms of Use and Privacy Policy of the accessed portal and act accordingly; (iv) verifying, controlling, approving, or guaranteeing the adequacy or accuracy of the information or data made available on such links, and is therefore not responsible for any damages, losses, or damages resulting from visiting such sites, and it is up to the interested party to verify the reliability of the information and data displayed there before making any decision or taking any action; (v) the full and uninterrupted availability of the Platform, whose correct functioning depends on access and data traffic between Users' computer terminals and servers owned or contracted by dbsnOOp, having no management and not being responsible for any failures in the traffic of such data and access to the Platform due to failures in the worldwide computer network or the network and telecommunication services provided by Internet service providers; and (vi) reimbursing its Users for any expenses related to telephone calls, data packages, SMS, messages, emails, correspondence, or any other expense incurred by the User due to contact with dbsnOOp or any other Users, for any reason whatsoever.

3.6. Users do not have any right to demand the availability of the Platform as it best suits them, nor can they claim compensation or damages in case the Platform remains offline, regardless of the reason.

3.7. The eventual removal, blocking, or suspension of any content or functionality of the Platform due to a complaint should always be understood as a demonstration of good faith and intention to amicably resolve conflicts, never as an acknowledgment of guilt or any infringement by dbsnOOp of third-party rights.

3.8. dbsnOOp reserves the right to assist and cooperate with any judicial authority or government agency, and may provide user registration information.

4. Intellectual Property

4.1. Unauthorized use and total or partial reproduction of the following items are prohibited, except by express authorization from dbsnOOp: (i) the commercial use of the expression "dbsnOOp" as a trademark, trade name, or domain name; (ii) the contents of the screens related to the dbsnOOp Platform; and (iii) the programs, databases, networks, files that allow the User to access the Platform and use their account are all property of dbsnOOp and are protected by international copyright, trademark, patent, industrial design, and model laws and treaties. Unauthorized use and total or partial reproduction of the aforementioned items are prohibited, except by express authorization from dbsnOOp.

4.2. All other trademarks, service marks, logos, trade names, and any other proprietary designations are trademarks or registered trademarks of their respective parties.

4.3. Provided compliance with these Terms, dbsnOOp grants the User a limited, non-exclusive, non-transferable license to (i) access and view any content that a User posts, transfers, publishes, presents, or transmits to be made available through the Platform ("User Content") for which the User has permission to access, solely for personal and non-commercial purposes. The User has no right to sublicense the license rights granted in this section. The User agrees not to use, copy, adapt, modify, prepare derivative works based on, distribute, license, sell, transfer, publicly display, publicly perform, transmit, or exploit the Platform, Services, or Content, except as expressly permitted in these Terms. The User agrees not to remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights incorporated or accompanying the Platform. No license or rights are granted by implication or under any intellectual property rights belonging to or controlled by dbsnOOp or its licensors, except for the licenses and rights expressly granted in these Terms; and (ii) access and view any content that dbsnOOp makes available through the site, including any content licensed from third parties and excluding User Content ("dbsnOOp Content"), solely for personal and non-commercial purposes.

4.4. Any interference, attempt to, or activity that violates or contravenes intellectual property laws and/or the prohibitions stipulated in these Terms, will make the responsible party liable for the relevant legal actions, as well as the sanctions provided herein, and shall also be liable for compensation for any damages caused.

5. Prohibitions

5.1. Any attempt, direct or indirect, successful or not, to carry out any of the activities listed below is prohibited. The discovery of such an attempt will make the perpetrator, as well as their principals, defenders, encouragers, and helpers, liable for the sanctions provided in these Terms, for the relevant legal actions, and for the responsibility to compensate any affected parties for any damages caused.

5.2. In case any of the activities listed below are found to be practiced, the User shall be subject to suspension and/or cancellation of their access to the Platform, and administrative and/or judicial measures may be taken against the User.

5.3. In case of non-compliance with any of the items listed below, dbsnOOp shall not be responsible for any losses and damages suffered by the parties involved.

5.4. Such activities include, but are not limited to: (i) harassing, assaulting, slandering, defaming, persecuting, or harassing any other User; (ii) infringing the rights of any person or entity, including, without limitation, intellectual property, privacy, publicity, or contractual rights, with the exception that video or voice recording of the appointments is prohibited; (iii) copying, storing, or otherwise accessing any information contained on the Platform for purposes not expressly authorized by these Terms; (iv) using the Platform to transmit, distribute, publish, or send any information regarding any other person or entity, including, without limitation, photographs of other people without their permission, personal or credit, debit, phone card, or account numbers; (v) manipulating the values or any other information contained in the ads on the Platform; (vi) using the Platform for any commercial or other purposes not expressly authorized by these Terms; (vii) interfering in transactions between other Users; (viii) using manual or automated software, devices, scripts robots, or other means or processes to access, "scrape," "crawl," or "spider" any part of the Platform; (ix) modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works, displaying on another webpage, using on any other website, transferring, or selling any information, software, user lists, database or other lists, products or services provided by or obtained by dbsnOOp, including, but not limited to, practices involving "screen scraping," "database scraping," or any other activity for the purpose of obtaining User lists or other information; (x) using automated scripts to collect information or otherwise interact with the Platform; (xi) accessing, testing, tampering with, interfering with, or damaging the Platform or any dbsnOOp, User, or third-party systems through the use of viruses, cancel bots, Trojans, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or email address information, or similar or technology methods; (xii) attempting to detect, scan, or test the vulnerability of any dbsnOOp system or network or violate any security or authentication measures; (xiii) circumventing, ignoring, removing, disabling, impairing, decoding, or bypassing any technological measure implemented by dbsnOOp or any of the dbsnOOp providers or any other third party (including another User) to protect the Platform; (xiv) forging any TCP/IP packet header or any part of the header information in any publication, email, or newsgroup, or otherwise using the Platform to send altered, misleading, or false identification information; (xv) systematically retrieving data or other content from our Platform to create or compile, directly or indirectly, in single or multiple downloads, collection, compilation, database, directory or similar, whether by manual methods, through the use of bots, crawlers, or spiders, or in any other way; (xvi) attempting to decipher, decompile, disassemble, or reverse engineer any software used to provide the Platform; (xvii) impersonating any person or entity, falsifying or misrepresenting yourself or your affiliation with any person or entity; and (xviii) attempting or succeeding in conduct configured as fraud to the functionalities, plans, or payment methods used by the Platform.

6. Sanctions

6.1. If any User fails to comply with any provision of these Terms or does something that harms the Platform, dbsnOOp, or other Users, dbsnOOp may, at its sole and absolute discretion, at any time and without prior notice or consent: (i) suspend or permanently cancel the User's account and any and all access of such User to the Platform; and/or (ii) take appropriate actions to investigate and adjudicate violations of any nature to the fullest extent of the law, which may involve or cooperate with judicial and law enforcement authorities.

7. Account Deactivation Policy

7.1. dbsnOOp may terminate these Terms and proceed with the deactivation of User accounts at any time, without prior notice or consent and at its sole discretion. In this case, dbsnOOp undertakes to take appropriate measures so as not to harm the Users.

7.2. The User can request the deactivation of their dbsnOOp account directly on the Platform.

7.3. In case of termination: (i) the User will remain responsible for all amounts owed to dbsnOOp, or to third parties; and (ii) dbsnOOp will verify any amounts that are legally owed to the user and will promptly pay them.

8. Customer Service and Reporting Channel

8.1 dbsnOOp provides its Users with a customer service channel for criticisms, suggestions, reports, and other complaints that the User deems appropriate, directly via email at dpo@dbsnOOp.com.

8.2. When using this channel, the User should identify themselves with relevant information (name, address, phone number, and email) and describe the situation in detail so that dbsnOOp can assess any appropriate measures outlined in these Terms.

9. Notifications

9.1. Any notifications or other communications permitted or required herein, including modifications regarding these Terms, shall be in writing and delivered by dbsnOOp (i) by posting on the Platform or (ii) via email to the address provided by the User in their account information.

9.2. Any notifications or other communications directed to dbsnOOp shall also be in writing and delivered via email to the address dpo@dbsnOOp.com.

9.3. For notices made via email, the date of receipt shall be deemed the date on which such notification was transmitted.

10. General Provisions

10.1. The declaration of nullity of any provision of these Terms does not invalidate any of the others.

10.2. The tolerance of one party towards the other regarding the breach of any obligations assumed in these Terms constitutes mere liberality, not being considered novation or waiver of any rights, nor preventing the tolerant party from demanding faithful compliance from the other at any time.

10.3. These Terms are governed and interpreted in accordance with Brazilian laws.

10.4. dbsnOOp may change the provisions of the Terms and related policies at any time, making them available on its website.

10.5. Exceptionally, these Terms shall be considered terminated:

• • Due to fortuitous events and/or force majeure that prevent the execution of all or any contracted service definitively; 
  • Due to confessed bankruptcy or declared bankruptcy of dbsnOOp or judicial recovery filed by dbsnOOp, in accordance with Federal Law 11.101/2005; and
  • At any time, upon prior written notice from dbsnOOp with 30 (thirty) days' notice.

10.6. These Terms represent the entire understanding between dbsnOOp and the user regarding the subject matter herein, prevailing over any prior understandings on the same subject matter, whether verbal or written.

10.7. If any provision of these Terms is deemed by a competent court to be contrary to law, such provisions shall be applied to the fullest extent permitted, with the remaining provisions remaining in full force and effect.

10.8. These Terms shall remain valid and enforceable, without any alteration, interruption, or need for prior notice, in the event of a merger, incorporation, split, acquisition, or any other type of corporate transaction resulting in the transfer of control or business of dbsnOOp to a third party entity.

10.9. To settle any disputes arising from the Terms and respective policies, including the Privacy Policy, the jurisdiction of the court of São José dos Campos/SP is elected.