17. Acceptance
By creating an account or using our services, you confirm that you have read and understood these Terms of Use and Service, that you agree to be bound by them and that you will comply with all applicable laws and regulations.
2. Definitions
"Content": any text, images, data, information or materials uploaded, published or otherwise made available through the services.
3. Eligibility and Age Requirements
3.2. Minors
If you are between 13 and 17 years old, you should only use the services under the supervision and with the consent of your parents or legal guardians, where permitted by applicable law. Children under 13 must not use our services.
3.3. Legal Capacity
By using our services, you represent and warrant that you have the legal capacity to enter into these Terms, that you are not under guardianship or curatorship that limits such capacity and that your use of the services does not violate any applicable law or order.
4. Description of the Service
4.1. What is HomePass
HomePass is a digital platform that allows you to create and manage a personal profile, register and manage information about your properties, connect with service providers (partners), request quotes and services, and facilitate communication between users and providers.
4.2. Main Features
- Creation and management of a user profile.
- Registration and management of properties and related information.
- Connection with service providers and business partners.
- Secure authentication system for accessing the platform.
- APIs and integrations for selected partners and developers.
4.3. Limitations and Disclaimers
- HomePass is an intermediary platform and does not itself provide the services performed by partners.
- We do not guarantee the availability of specific providers or the successful completion of services requested.
- We are not responsible for the quality, safety or legality of services provided by third parties.
- Some services may be subject to geographic, regulatory or other restrictions.
5. Account Creation and Security
5.1. Creating an Account
- Provide accurate, current and complete information when creating your account.
- Keep your registration data up to date and correct.
- Choose a strong, unique and confidential password.
- Immediately notify us if you become aware of any unauthorised use of your account.
5.2. Your Responsibilities
- You are responsible for all activities performed through your account, unless you promptly notify us of suspected misuse.
- You must maintain the confidentiality of your login credentials and not share them with third parties.
- You must ensure that the information you provide is true, accurate and not misleading.
- You must comply with all applicable laws and with these Terms when using the services.
5.3. Security Practices
- Do not share your password or authentication tokens with anyone.
- Use strong and unique passwords and enable additional security mechanisms where available.
- Log out of your account when using shared or public devices.
- Promptly report any suspected security incident or compromise of your account.
5.4. Verification and KYC
We may request additional information or documentation to verify your identity, prevent fraud, comply with legal or regulatory requirements or ensure the safety of the platform and of other users. Failure to provide such information may result in limitation or suspension of your access.
6. Acceptable Use of the Services
6.1. Permitted Uses
- Create and maintain an account and profile on the platform.
- Register and manage information about your properties.
- Request, contract and manage services offered by partners.
- Use the services for legitimate personal or business purposes, in accordance with these Terms.
6.2. Prohibited Conduct
6.3. Consequences of Violations
- Warning and request for correction of the conduct.
- Temporary suspension of your account or access to specific features.
- Permanent termination of your account and prohibition of future access.
- Reporting to competent authorities, where required or appropriate.
- Legal actions to seek compensation for damages or losses suffered.
7. Intellectual Property
7.1. Ownership of HomePass
- All trademarks, logos, trade names and other brand elements associated with HomePass.
- The design, layout, look and feel and overall visual identity of the platform.
- The source code, software, backend and frontend components.
- All content created by or on behalf of HomePass, documentation and materials.
- Any patents, copyrights, trade secrets and other intellectual property rights belonging to HomePass or its licensors.
7.2. Limited Licence to Use the Services
Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable and revocable licence to access and use the services for legitimate personal or internal business purposes. This licence does not permit you to reproduce, distribute, publicly perform, modify or create derivative works from our services beyond what is expressly authorised.
7.3. Intellectual Property Restrictions
- Copy, reproduce or distribute the platform or any substantial part thereof, except as expressly authorised.
- Modify, adapt, translate or create derivative works based on our services or content.
- Remove, obscure or alter any copyright, trademark or other proprietary notices.
- Use our trademarks, logos or brand elements without our prior written permission.
7.4. User-Generated Content
8. Privacy
8.1. Privacy Policy
The collection and use of personal data in connection with the services are governed by our Privacy Policy, which is incorporated into and forms an integral part of these Terms. By using the services, you also agree to our Privacy Policy.
8.2. Consent to Data Processing
- By using the services, you acknowledge that your personal data may be processed as described in the Privacy Policy.
- Where required by law, we will request your consent for specific processing activities, such as marketing communications or the use of certain cookies.
- You may withdraw your consent at any time as described in the Privacy Policy.
9. Payments and Subscriptions
9.1. Prices and Fees
Some features or services may be offered on a paid basis. The applicable prices, plans and conditions will be clearly displayed before you complete any purchase or subscription.
9.2. Payment Processing
Payments may be processed by third-party payment processors. By making a payment, you agree to comply with the terms and privacy policies of such processors. HomePass is responsible only for the services it directly provides and is not responsible for errors or failures exclusively attributable to third-party payment providers.
9.3. Automatic Renewal
If you subscribe to recurring services or plans, your subscription may renew automatically at the end of each billing cycle, unless you cancel it in advance in accordance with the instructions provided. You may cancel at any time, and the cancellation will take effect at the end of the current billing period, unless otherwise indicated.
9.4. Refund Policy
Refunds, when applicable, will be evaluated on a case-by-case basis, subject to legal obligations and the policies communicated at the time of purchase. In some cases, refunds may be processed by payment processors according to their own rules.
9.5. Price Changes
We may change prices and commercial conditions for the services. Any price changes for paid subscriptions will take effect at the start of the next billing period and will be communicated to you in advance, allowing you to cancel before the change takes effect.
10. Modifications and Discontinuation of the Service
10.1. Changes to the Services
We may, at our discretion, modify, update, suspend or discontinue any part of the services at any time, for example to improve functionality, correct errors, ensure security or adapt to legal requirements.
10.2. Notification of Changes
Where changes have a significant impact on your use of the services, we will make reasonable efforts to notify you in advance through notices on the platform, e-mail or other appropriate means.
10.3. Service Discontinuation
In the event that we decide to discontinue the services, in whole or in part, we will, where reasonably possible, provide prior notice and information on how to export or save your data, subject to legal restrictions and technical limitations.
10.4. No Obligation to Maintain
- We are not obligated to maintain the services available indefinitely.
- We do not guarantee that any specific feature will remain available permanently.
- We are not required to correct every bug or error that may exist, although we will seek to maintain a high level of quality and reliability.
11. Limitation of Liability
11.1. Services Provided "As Is"
The services are provided "as is" and "as available", without any warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, availability or error-free operation.
11.2. Exclusion of Warranties
- We do not warrant that the services will be available at all times or without interruptions.
- We do not warrant that the services will be free from errors, bugs or vulnerabilities.
- We do not warrant that the services will meet your specific needs or expectations.
- We do not warrant that the information obtained through the services will be accurate, complete or up to date.
- We do not warrant that any defects or errors will necessarily be corrected.
11.3. Limitation of Damages
To the maximum extent permitted by applicable law, HomePass and its affiliates, directors, employees and agents shall not be liable for any indirect, incidental, special, consequential or punitive damages, nor for loss of profits, revenue, data, business opportunities or goodwill arising out of or in connection with your use of the services.
11.4. Maximum Aggregate Liability
To the extent permitted by law, the total aggregate liability of HomePass in connection with the services and these Terms shall be limited to the amount you have paid to us for the services in the 12 months immediately preceding the event giving rise to the claim.
11.5. Legal Exceptions
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages. In such cases, the limitations and exclusions in these Terms shall apply only to the extent permitted by the law of your jurisdiction.
11.6. Third-Party Services and Content
We are not responsible for services, content, products or activities of third parties, including partners, external websites or applications that may be linked to or integrated with our services. Your use of third-party services is at your own risk and subject to the terms and privacy policies of such third parties.
12. Indemnification
12.1. Your Obligation to Indemnify
You agree to indemnify, defend and hold harmless HomePass and its affiliates, directors, employees and agents from and against any and all claims, liabilities, damages, losses, costs or expenses (including reasonable legal fees) arising out of or related to: (a) your use or misuse of the services; (b) your violation of these Terms; (c) your violation of any rights of third parties; or (d) any content you submit, upload or make available through the services.
12.2. Cooperation
You agree to cooperate fully with us in the defence of any claim subject to indemnification. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you may not settle any such matter without our prior written consent.
13. Termination
13.1. Termination by You
You may terminate your relationship with HomePass at any time by closing your account or ceasing to use the services, subject to any specific contractual obligations that may apply to certain plans or services.
13.2. Suspension or Termination by Us
We may suspend or terminate your access to the services, in whole or in part, immediately and without prior notice if we reasonably believe that you have violated these Terms, applicable law or third-party rights, or if such action is necessary to protect the platform, other users or third parties.
13.3. Effects of Termination
- Your access to the services and associated features will be disabled or limited.
- We may delete or anonymise your account data, in accordance with our Privacy Policy and legal obligations.
- You remain responsible for any obligations or liabilities incurred before termination.
- Provisions that by their nature should survive termination will continue in effect (for example, intellectual property, limitation of liability and indemnification).
13.4. Survival of Provisions
- Clauses relating to Intellectual Property.
- Limitations of Liability and Exclusions of Warranties.
- Indemnification obligations.
- Governing Law, Jurisdiction and Dispute Resolution.
- Any other provisions which by their nature or wording should survive termination.
14. Governing Law and Jurisdiction
14.1. Governing Law
These Terms and any disputes arising out of or related to them or to the use of the services shall be governed by and construed in accordance with the laws indicated in the legal configuration of HomePass and/or in the specific agreement with you, without regard to conflict of laws rules.
14.2. Jurisdiction
Subject to any applicable mandatory provisions, the courts of the city and country indicated in the legal configuration of HomePass (or another competent jurisdiction specified in a specific agreement) shall have exclusive or non-exclusive jurisdiction, as permitted by law, to resolve disputes arising from these Terms or from the services.
14.3. Dispute Resolution
14.4. Waiver of Class Actions (Where Permitted)
To the extent permitted by law, you agree not to participate in class actions, collective or representative proceedings against HomePass relating to the services, except where such waiver is prohibited or restricted by applicable law.
15. General Provisions
15.1. Entire Agreement
These Terms, together with the Privacy Policy and any additional agreements or specific terms accepted by you, constitute the entire agreement between you and HomePass regarding the use of the services and supersede any prior understandings or agreements on the same subject.
15.2. Waiver
Failure by HomePass to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorised representative.
15.3. Severability
If any provision of these Terms is held invalid or unenforceable by a competent authority, the remaining provisions shall remain in full force and effect, and the invalid provision shall be replaced by a valid one that best reflects the original intent.
15.4. Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms to affiliates or in connection with a merger, acquisition or sale of assets.
15.5. Notices and Communications
Official notices to you may be sent by e-mail, in-app notifications, messages within the platform or other contact details you provide. You are responsible for keeping your contact information up to date. Notices sent by us will be deemed received when delivered by the chosen channel.
15.6. Force Majeure
We shall not be liable for any failure or delay in performance of our obligations resulting from events beyond our reasonable control, such as natural disasters, acts of government, strikes, pandemics, failures of telecommunications or internet providers and other events of force majeure.
15.7. Language
These Terms may be made available in multiple languages. In case of any discrepancy or conflict between translations, the version specified by HomePass as the official version shall prevail, unless otherwise required by applicable law.
16. Contact
16.1. Questions About the Terms
If you have any questions or concerns about these Terms or about your relationship with HomePass, please contact us using the channels indicated on our website or in the application.
16.2. Technical Support
For technical support related to the platform, you may contact us through the support e-mail address or help centre indicated in the application or website.
Ao criar uma conta ou utilizar nossos serviços, você aceita ficar vinculado a estes Termos.