O Core de Cada Decisão.

This End User License Agreement ("Agreement") is a legal agreement between you (a natural or legal person) and XCST Software ("Company"), owner of the CaduCore software and platform. This Agreement applies to users worldwide and should be read together with our Terms and Conditions and our Privacy Policy.

1. Grant of License

The Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the CaduCore platform strictly for your internal purposes (or commercial purposes, where provided in your subscription plan), in accordance with the terms of this Agreement and your subscription. This license subsists only for the duration of an active subscription and is conditioned on your compliance with this Agreement.

2. Use Restrictions

You agree not to, and will not permit any third party to:

• Reverse Engineering: Decompile, disassemble, or attempt to derive the source code of the platform, except to the extent such restriction is prohibited by applicable law (e.g., the interoperability exception of the EU Software Directive 2009/24/EC).
• Copying: Copy, modify, or create derivative works of the interface, design, or features of the platform.
• Exploitation: Rent, lease, lend, sell, or distribute access to the platform without the Company's prior written consent.
• Misuse: Use the license to build a competing product or service.
• Security: Circumvent or attempt to circumvent any security, authentication, or usage-limitation measures.
• Unlawful Use: Use the platform in violation of any applicable law or third-party rights, or to transmit malware.

3. Intellectual Property

You acknowledge that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets relating to CaduCore, remain the exclusive property of XCST Software. This license grants no ownership right in the software.

If you provide suggestions or feedback, you grant the Company a perpetual, worldwide, royalty-free license to use that feedback to improve the Service.

4. User Content and Data

The license granted here allows you to process your data on the platform. You retain all rights to the data you submit, granting CaduCore only the technical right necessary to host, process, and display that data for the provision of the service.

Processing of personal data is governed by our Privacy Policy. You are responsible for ensuring you have the rights and lawful basis required to submit data to the platform.

5. Third-Party and Open-Source Components

The platform may include third-party or open-source software, which is licensed under its own terms. In the event of conflict, those terms govern that component. The Company makes no warranty regarding third-party components.

6. Software Updates and Modifications

The Company may update, modify, or discontinue features of the platform at any time. Updates may be applied automatically. This Agreement governs any updates unless they are accompanied by separate terms.

7. Term and Termination

This Agreement takes effect on the date you access the platform and remains in force until terminated.

• Termination for Breach: The Company may suspend or terminate this license immediately if you fail to comply with any term of this Agreement. Where mandatory law applicable to consumers so requires, termination will follow notice and a reasonable opportunity to remedy.
• Effects of Termination: Upon termination, you must immediately cease all use of the platform and destroy any downloaded copies or materials.
• Survival: The provisions on intellectual property, disclaimer of warranties, limitation of liability, and governing law survive termination.

8. DISCLAIMER OF WARRANTIES ("AS IS")

THE SOFTWARE AND PLATFORM ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED. THIS SECTION DOES NOT EXCLUDE STATUTORY WARRANTIES THAT CANNOT BE EXCLUDED UNDER THE LAW APPLICABLE TO CONSUMERS (SEE SECTION 10).

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS OR DATA, ARISING FROM THE USE OF OR INABILITY TO USE THE SOFTWARE. THE COMPANY'S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNTS PAID BY YOU FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. NOTHING IN THIS AGREEMENT EXCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD, GROSS NEGLIGENCE OR WILFUL MISCONDUCT, OR ANY LIABILITY THAT CANNOT BE EXCLUDED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. Consumer Rights

If you use the platform as a consumer, you benefit from mandatory statutory rights under the law of your country of residence that cannot be waived by contract. Nothing in this Agreement limits those rights, including statutory guarantees of conformity for digital content and services. The disclaimers and limitations above apply only to the extent permitted by such mandatory law.

11. Consent to Use of Technical Data

You agree that the Company may collect and use technical data and related information (including, without limitation, technical information about your device and system) to facilitate software updates, product support, and security. Such processing is carried out in accordance with our Privacy Policy.

12. Export Compliance and Sanctions

You agree to comply with all applicable export-control and sanctions laws (including those of the EU, UN, US, and UK). You represent that you are not located in an embargoed country and are not on any restricted-party list, and that you will not use or export the software in violation of such laws.

13. Region-Specific Provisions

United States

U.S. Government End Users: The software is "Commercial Computer Software" as defined in 48 C.F.R. 2.101 and is provided to U.S. Government end users only as a commercial item, with the rights set out in this Agreement (per FAR 12.212 / DFARS 227.7202).

State Law: Some U.S. states do not allow the exclusion of implied warranties or the limitation of incidental or consequential damages; in such states, the above exclusions apply to the extent permitted by law.

California: Under California Civil Code §1789.3, California residents may direct complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.

United Kingdom

For consumers in the UK, the Consumer Rights Act 2015 implies terms (for example, that digital content is of satisfactory quality and fit for purpose) that cannot be excluded; nothing in this Agreement affects those statutory rights.

Spain

For consumers in Spain, Royal Legislative Decree 1/2007 (TRLGDCU) and Spanish consumer-protection law grant mandatory rights, including legal conformity guarantees, which prevail over any conflicting term.

Ireland

For consumers in Ireland, mandatory rights under Irish and EU consumer law (including digital-content conformity rules) apply and are not affected by this Agreement.

14. Governing Law and Jurisdiction

This Agreement is governed by the laws of Portugal. The parties submit to the jurisdiction of the courts of Porto, Portugal. If you are a consumer, this does not deprive you of the protection of mandatory provisions of the law of your country of residence, nor of the right to bring or defend proceedings in the courts of that country where applicable law so requires.

15. General Provisions

• Severability: If any provision is held invalid, the remaining provisions remain in full force.
• Entire Agreement: This Agreement, together with the Terms and Conditions and the Privacy Policy, constitutes the entire agreement between the parties regarding the software.
• Assignment: You may not assign this Agreement without consent; the Company may assign it in connection with a reorganisation or business transfer.
• No Waiver: Failure to enforce any right does not constitute a waiver of that right.
• Language: In case of discrepancy between language versions, the Portuguese version prevails, except where mandatory local law requires otherwise.

16. Contact

For any questions about this EULA, contact us at contact@CaduCore.com.