1. Object

The present Terms and Conditions of Use aim to establish the rules for access and use of the Perkzai Application (the "APP"), under the responsibility of Mobiweb - Aplicações Informáticas, Lda, a legal entity 514235691, based at Rua Júlio Dinis, N° 80, L5 4050-318 Porto.

By accessing the APP, all users agree to comply with these Terms and Conditions of use of the APP (the "Terms and Conditions").

Thus, the user must carefully review the Terms and Conditions whenever they wish to use the APP.

Any person who accesses, browses, uses, and participates in the services and activities, whether free or paid, provided in the APP is considered a "User".

Mobiweb reserves the right to modify, at any time, the presentation and configuration of the APP, as well as these Terms and Conditions.

2. Use of the App

The Perkzai APP is a software application designed for mobile devices with iOS and Android operating systems, allowing the User to access the features provided in that service.

In case of registration, the User is responsible for the security and proper use of their credentials, which allow access to the reserved area of the services. In this sense, the user is responsible for creating their Username and password. The User is also responsible for providing specific, correct, and up-to-date information. It is not permitted for the User to choose a Username belonging to third parties with the intent to impersonate that person, nor to use another person's username without their express consent.

The User must keep all access codes, passwords, and other personal information related to the use of the Perkzai APP confidential, and must not share them with third parties.

The User is fully responsible for all actions carried out through their account, directly or by authorized third parties. Perkzai may revoke the license, at its discretion and at any time, if abusive, fraudulent, or illegal acts are identified.

The User acknowledges and agrees that the use of the APP is always done at their sole and exclusive risk.

By using the APP, the User agrees not to act in ways that may harm the image, interests, and rights of Mobiweb or third parties, or that may damage, disable, or overload the APP, or in any way hinder its normal use.

Mobiweb adopts adequate security measures to detect the presence of viruses. However, the User should be aware that security measures for computer systems on the Internet are not entirely reliable, and therefore, Mobiweb cannot guarantee the absence of viruses or other elements that may cause changes to the User's computer systems or to the electronic documents and files stored in them.

Mobiweb strives to ensure that content is of high quality and up to date but does not guarantee the usefulness, accuracy, completeness, relevance, and/or timeliness of the same.

Mobiweb reserves the right to close the accounts of Users who violate these Terms and Conditions, including situations where it is found that the user is using proxy IP addresses to disguise the use of multiple accounts or intends to be identified as being in a country different from the one in which they actually are.

Any content downloaded or obtained in any other way is the responsibility of the user, and any damages (if any) to computer systems or data loss resulting from such actions will be the sole responsibility of the user, and may not be attributed to Mobiweb. Mobiweb does not assume any responsibility for damages (if any) arising from the inability to access the services provided by the APP or for damages (if any) caused by viruses, corrupted files, errors, omissions, service interruptions, content cancellation, issues related to the Internet, service providers, or the telephone and/or telematic connection, unauthorized accesses, data alterations, or related to the absence and/or malfunctioning of the user’s electronic devices.

Users agree to indemnify and hold Mobiweb, as well as its legal representatives, partners, and employees, harmless from any damages, liabilities, claims, or compensation requests, including expenses and representation costs, made by third parties as a result of using the APP in violation of these Terms and Conditions, and/or due to breach of the conditions set forth therein, and/or arising from the failure to comply with the representations and warranties established in these Terms and Conditions.

3. Treatment of the Image of APP Users

The APP offers the functionality that allows the User to voluntarily insert a photograph into their profile in the APP. The photograph will only be used to display the information available in the APP and on the portal after the User logs in, if they have uploaded the photograph.

The photographs that Users of the APP choose to voluntarily include in their profile will be stored in the company's databases, located on its server.

The image uploaded to the APP by the User will be kept until it is replaced by a silhouette, resulting in the deletion of the image stored in the database.

The APP allows the User to delete the image associated with their profile at any time.

Only the company's internal employees will have access to the User's image when available.

4. Intellectual and Industrial Property Rights

The present Terms and Conditions do not grant any intellectual or industrial property rights over the APP or any of its constituent elements. The User is expressly prohibited from reproducing, transforming, distributing, publicly communicating, making available, extracting, reusing, forwarding, or any other use, by any means or process, of the mentioned elements, except in cases where it is legally permitted or authorized by the rights holder.

The User may view and obtain a temporary private copy of the contents, for exclusive, personal, and private use, on their computer systems (software and hardware), provided that it is not done with the aim of developing commercial or professional activities. The User must refrain from obtaining, or attempting to obtain, the contents by means or procedures different from those made available, indicated for that purpose, or commonly used on the Internet (which, in the latter case, do not pose a risk of damage or disablement of the APP). The User must respect, at all times, all intellectual and industrial property rights over the APP, belonging to Mobiweb or third parties.

5. Protection of Personal Data

The only personal data that the company will have access to will be those that the User voluntarily provides.

In this sense, it is important for the User to be aware that, to access and register on the APP, personal data will be requested.

In the cases and with respect to the data where this is expressly indicated to the User/client, if they do not provide them, they will not be able to access or use the previously mentioned services and contents.

In accordance with the applicable legal norms, the company has adopted the necessary technical and organizational measures required concerning the processed personal data.

Thus, the necessary mechanisms have been implemented to avoid, as much as possible, unauthorized access, theft, illicit modifications, and loss or misplacement of data.

The aspects related to the treatment of Users' personal data arising from the use of the APP are described in the Privacy Policy.

6. Hyperlinks and Interconnected Sites

In the APP, the User may find links to other pages through, for example, different buttons, links, and banners, which are managed by third parties. Mobiweb does not assume any responsibility for hyperlinks to pages of other entities, whose contents are the sole responsibility of those entities, and Mobiweb is not responsible for the privacy policies and practices of those sites or the entities that manage them.

Mobiweb does not authorize linking to a link from pages containing illegal, degrading, obscene materials and information, and, in general, that contradict morality, public order, or socially accepted standards.

Mobiweb assumes no responsibility for any aspect related to pages that link to the APP, specifically, and without limitation, regarding the operation, access to data, information, files, quality, and reliability of their products and services, their own links, or any of their contents, in general.

All content provided by duly identified external entities is the sole responsibility of those entities.

7. Applicable Law and Jurisdiction

These Terms and Conditions are governed by Portuguese law and, unless otherwise provided, by the applicable regulations (including consumer and user regulations).

Any dispute will be submitted by the parties to the Court of the District of Porto, waiving any other.

8. Contacts

If any User has questions about these General Conditions or any comments regarding the APP, please contact Mobiweb through the contacts mentioned at the beginning of these Terms and Conditions.