Terms & Conditions
Effective date: January 11, 2021
Terms & Conditions
ScoutDecision is a platform developed by ELOQUENTPROPHECY, LDA (hereinafter, 'we' / 'us' / 'our' / 'ours'), a legally registered portuguese company with NIPC of 517235196.
These Terms will be governed by Portuguese law except for its conflicts of laws principles unless otherwise required by a mandatory law of any other jurisdiction.
These Terms constitute the entire agreement between you and us with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
Our failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. We may assign its rights to any of its affiliates or subsidiaries, or any successor in the interest of any business associated with the Services.
We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, posting on our blog or this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.
- Delivery and Refund Policies
- User Content
- User Responsibilities
- Limitation of Liability
- Paid Accounts
- Acceptable Use Policy
- Government Data Request Principles
- Trial Period
1. Delivery and Refund Policies
Our Services will be delivered no more than 7 days after initial payment, and in most cases immediately after the payment.
Unless our side does not comply with one of the clauses of this agreement, there will be no refund of Services contracted.
2. User Content
Our Services work based on user-input content ('User Content'). This content is solely yours or your organization's.
We need your permission to do things like hosting User Content, backing it up, and sharing it when you ask us to.
These and other features may require our systems to access, store and scan User Content. You permit us
to do those things, and this permission extends to our affiliates and trusted third parties we work with.
If legally required, we may be forced to share your User Content with competent authorities. We will work hard to prevent this, but it is in your best interest to only input legal and authorized materials.
3. User Responsibilities
Your User Content must comply with our Acceptable Use Policy. Content in the Services may be protected by others’ intellectual property rights. Please don’t copy, upload, download or share content unless you have the right to do so. We may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so. We aren’t responsible for the content people post and share via the Services. Please safeguard your password to the Services, make sure that others don’t have access to it, and keep your account information updated. Finally, our Services are not intended for and may not be used by people under the age of 18. By using our Services, you are representing to us that you’re over 18.
The Services are protected by copyright, trademark, and other laws. These Terms don’t grant you any right,
title or interest in the Services, others content in the Services, our trademarks, logos and
other brand features. We welcome feedback but note that we may use comments or suggestions without any
obligation to you.
We sometimes release products and features that we are still testing and evaluating. Those Services have been marked beta, preview, early access, or evaluation (or with words or phrases with similar meanings) and may not be as reliable as our other services, so please keep that in mind.
We strive to provide great Services, but there are certain things that we can’t guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some places don’t allow the disclaimers in this paragraph, so they may not apply to you.
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported using our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers.
6. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR ANY LIABILITY FOR, OUR OR OUR AFFILIATES’ FRAUD, FRAUDULENT MISREPRESENTATION, OR GROSS NEGLIGENCE, IN NO EVENT WILL, WE, OUR AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR: (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR (B) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY. THIS WILL BE REGARDLESS OF WHETHER OR NOT WE OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. ADDITIONALLY, WE, OUR AFFILIATES, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES FOR MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO US FOR THE PAST 12 MONTHS OF THE SERVICES IN QUESTION. Some places don’t allow the types of limitations in this paragraph, so they may not apply to you.
Let's try to prevent a formal legal dispute. We want to address your concerns without needing a formal legal case. Before filing a claim against us, you agree to try to resolve the dispute informally by contacting us via e-mail. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or we may bring a formal proceeding. Judicial forum for disputes. You and we agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the courts of Lisbon, Portugal, subject to the mandatory arbitration provisions below. Both you and we consent to venue and personal jurisdiction in such courts.
8. Paid Accounts
Billing - We’ll automatically bill you from the date you convert to a Paid Account and on each periodic renewal until cancellation. You’re responsible for all applicable taxes, and we’ll charge tax when required to do so.
No Refunds - You may cancel your Paid Account at any time but you won’t be issued a refund unless it’s legally required.
Deleting Organisation - Your data will be secure as expressed in our Terms&Conditions, but your access to the Services will not be allowed.
Changes - We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.
You’re free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you’re not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others’ use of the Services. Except for Paid Accounts, we reserve the right to terminate and delete your account if you haven’t accessed our Services for 12 consecutive months. We’ll of course provide you with notice via the email address associated with your account before we do so. We will, by default, keep your account details for 1 year even when the account is deactivated to ensure that if you wish to reactivate it, you will still have your data. Please contact us if you wish to have it deleted before that timespan.
10. Acceptable Use Policy
You agree not to misuse the Services or help anyone else to do so. For example, you must not even try to do any of the following in connection with the Services:
- probe, scan, or test the vulnerability of any system or network;
- breach or otherwise circumvent any security or authentication measures;
- access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you haven’t been invited to;
- interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
- access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk);
- send unsolicited communications, promotions or advertisements, or spam;
- send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
- abuse referrals or promotions;
- sell the Services unless specifically authorized to do so;
- publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence;
- advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability, or impairment;
- violate the law in any way, including storing, publishing or sharing material that’s fraudulent, defamatory, or misleading; or
- violate the privacy or infringe the rights of others.
11. Government Data Request Principles
We understand that when you entrust us with your digital life, you expect us to keep your information safe.
Like most online services, we sometimes receive requests from governments seeking information about our users.
These principles describe how we deal with the requests we receive and how we’ll work to try to change the
laws to make them more protective of your privacy.
Be transparent: Online services should be allowed to report the exact number of government data requests received, the number of accounts affected by those requests, and the laws used to justify the requests. We’ll continue to advocate for the right to provide this important information.
Fight blank requests: Government data requests should be limited to specific people and investigations. We’ll resist requests directed to large groups of people or that seek information unrelated to a specific investigation.
Protect all users: Laws authorizing governments to request user data from online services shouldn’t treat people differently based on their citizenship or where they live. We’ll work hard to reform these laws.
Provide trusted services: Governments should never install backdoors into online services or compromise infrastructure to obtain user data. We’ll continue to work to protect our systems and to change laws to make it clear that this type of activity is illegal.
12. Trial Period
Before the purchase of the software, a period of experimentation is provided for free. This period intends to allow you to understand the software more in-depth by the provision of training and the overall non-restricted use of all its features for a given period.
The details of this trial period are:
- You receive online accounts to freely use the software;
- We provide you training sessions on the specificities of its utilization;
- We arrange follow-up meetings to evaluate the state of the process, as well as to clarify problems and stimulate the adaptation of the software to your necessities.
- The trial period has the duration of 7 days, beginning when the details of the accounts are provided;
- The number of accounts should be specified for each particular case in order to give the same relative advantages to every organization on this trial period;
- The training sessions should take place on the beginning of the trial period, where their impact is most significant, and should take, at least, 2-3 hours that can be extended if there is necessity;
- The follow-up meetings are defined according to your availability.
- You do not have rights of transfer (to other organizations) of the above-mentioned services;
- You should not violate our brand image.
Security and Confidentiality Clauses:
- You should not communicate the details of your accounts to third parties external to your organization;
- You should not use any type of system that intends to replicate this software;
- After the completion of the trial period, if the decision is not to activate these accounts, the data used will be saved for a period of 6 months, being then eliminated. In case you want to proceed to this elimination earlier, you must contact us with that intention.