Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Nexwinds website and the services and products we provide (together, the "Services").

If you purchase Services from us, your quote, order form, statement of work, plan description, or similar document (an "Order") may include additional terms. If there is a conflict, the Order will control for that purchase.

Nexwinds Solutions Lda. ("Nexwinds", "we", "us") is a Portuguese limited liability company (Sociedade por Quotas, Lda.).

Tax ID (NIF): PT518356248.

By using the Services, you agree to these Terms. If you do not agree, do not use the Services.

• Order of precedence: if you purchase Services, the Order controls for that purchase; any data processing terms control for personal data processing; these Terms apply to the extent there is no conflict.
• No oral commitments: only written agreements signed by Nexwinds are binding; our team is not authorized to make verbal guarantees or commitments.

By accessing or using the Website or any Service, you agree to these Terms and applicable laws.

• Authority: if you use the Services on behalf of a company or other legal entity, you represent you have authority to bind it.
• Age and capacity: the Services are not intended for anyone under 18; by using the Services, you represent that you are 18 or older and have legal capacity in your jurisdiction.
• Business use: the Services are intended primarily for business and professional use.
• Consumer rights: nothing in these Terms limits any rights you may have under mandatory consumer protection laws (where applicable).

We may change eligibility criteria, refuse service, or suspend or terminate access for violations of these Terms, subject to applicable law and any contract terms.

Some Services are offered on a paid basis. Commercial terms are defined in the applicable Order or at checkout (for example, pricing, billing cycle, included features, and any limits).

• Quotes and scope: deliverables, timelines, assumptions, and responsibilities are defined in the Order.
• Taxes and invoicing: prices may exclude VAT and other applicable taxes unless stated otherwise.
• Payment terms: payment method and due dates are shown at checkout or in the Order.
• Price changes: for recurring or subscription Services, we may change fees based on usage and/or to reflect costs and market conditions. Changes apply to future billing periods and are provided with prior notice (typically at least 30 days where reasonable).
• Inflation adjustment: for recurring Services, we may adjust fees annually in line with Portuguese inflation, using the Annual Consumer Price Index (CPI) published by Portugal’s National Institute of Statistics (INE), with prior notice.
• Late payment admin fees: if an invoice remains unpaid for more than 15 days after its due date, we may charge an administrative fee of €10 (excluding VAT) for amounts under €200 (including taxes), or €30 (excluding VAT) for amounts of €200 or more (including taxes).
• Non-payment: if amounts are overdue, we may suspend or limit access to paid Services until payment is received, subject to applicable law.
• Refunds: fees are non-refundable unless required by law or expressly stated in the Order.

If a Service is offered as a subscription, renewal, cancellation, and plan changes are handled as described at checkout or in the applicable Order. Unless required by law or stated in an Order, we do not provide prorated refunds for partial periods.

Malpractice reimbursement exceptions: while refunds are generally not granted once work has started or a deliverable has been accepted, we may provide a full or partial refund (or an equivalent service credit) where appropriate, including cases of proven disability, significant errors attributable to Nexwinds, or technical issues that materially prevent delivery or use. Any such refund is assessed case-by-case and subject to applicable law.

Unless an Order states otherwise, you are responsible for any bank fees, currency conversion fees, and similar charges imposed by your payment provider.

Some Services require an account. You are responsible for the accuracy of information you provide and for all activity that occurs under your account.

• Keep credentials confidential and use strong, unique passwords where applicable.
• Do not share account access unless your plan or Order explicitly allows it.
• Notify us promptly if you suspect unauthorized access or a security incident affecting your account.
• Authentication may be available through Google sign-in and/or username and password, depending on the specific product.

You may stop using the Services at any time. We may suspend or terminate your access if you violate these Terms, fail to pay fees due, or where required to protect the Services, our customers, or third parties.

You agree not to misuse the Website or Services.

• Violate applicable law or third-party rights.
• Infringe intellectual property rights or confidentiality obligations.
• Send spam or unsolicited promotions.
• Use bots, scrapers, spiders, or similar automated means to access the Website or Services without our permission.
• Attempt to gain unauthorized access to systems, accounts, or data.
• Introduce malware, viruses, or other harmful code.
• Interfere with or disrupt service integrity or performance (including denial-of-service attacks).
• Probe, scan, or test vulnerabilities without our written authorization.
• Use the Services for illegal, fraudulent, or deceptive activities.
• Use the Services for cryptocurrency mining or abusive automated traffic.

Support channels may include email and, depending on the Service, phone or WhatsApp.

• We aim to respond as quickly as reasonably possible, but we do not provide 24/7 support unless an Order explicitly states otherwise.
• We may send you service-related messages (for example, invoices, security notices, and maintenance updates).

We may update the Services and these Terms to reflect changes in our offerings, technology, and legal requirements.

• Updated Terms are published on this page with an updated "Last updated" date.
• Unless stated otherwise, changes apply when published.
• If changes are material, we may provide additional notice where appropriate.

You (or your licensors) own Customer Content. You grant us a limited right to host, process, transmit, and display Customer Content only as needed to provide the Services, provide support, and keep the Services secure.

• You are responsible for Customer Content, including its legality, accuracy, and security controls you choose to apply.
• You must ensure you have the necessary rights to provide Customer Content to us and to authorize us to process it.
• We may remove or restrict access to Customer Content if we reasonably believe it violates these Terms, the law, or third-party rights.

If you buy professional services, you agree to cooperate in good faith and provide timely access, information, and feedback reasonably necessary for us to deliver the work.

• Supplement: professional services are also subject to our Professional Services Supplement.
• Change requests: work outside the agreed scope may require a revised Order or additional fees.
• Third-party dependencies: some work may depend on third-party systems, hosting, plugins, or APIs. We are not responsible for third-party outages or changes.
• Acceptance: unless an Order states otherwise, deliverables are considered accepted when delivered or deployed and no material issues are reported within a reasonable time.

We work to keep the Services available and secure, but we do not guarantee uninterrupted operation or error-free performance unless an Order explicitly includes a service level agreement.

• We may perform maintenance, updates, and changes to the Services, including changes required for security and legal compliance.
• We may temporarily suspend features or access to protect the Services, our customers, or third parties.
• If we discontinue a Service, we will provide notice where reasonable and as required by law.

We use a shared responsibility model. We use third-party infrastructure providers, and we implement reasonable technical and organizational measures to protect the Services.

• We apply access controls and least-privilege principles.
• We use security monitoring and operational controls appropriate to the Services.
• Backup practices may vary by Service and plan; backups reduce risk but do not eliminate it.

If we become aware of a security incident involving personal data, we will handle it in accordance with applicable law.

You are responsible for maintaining appropriate security for your own devices, accounts, and passwords.

Unless otherwise agreed in writing, the Website, our Services, software, designs, and all related intellectual property rights are owned by Nexwinds or our licensors.

Unsolicited ideas: we do not accept unsolicited ideas or proposals. If you send us ideas without a written agreement, you agree they are non-confidential and we may use them without restriction.

• Restrictions: you may not copy, modify, distribute, sell, lease, or create derivative works from our materials or software except as expressly permitted by these Terms or applicable law.
• Professional services deliverables: unless an Order states otherwise, you receive a license to use the deliverables we create for you after full payment; we retain our pre-existing tools, code, templates, and know-how.
• Open source: deliverables may include open-source components subject to their respective licenses.
• Feedback: if you provide feedback (suggestions, issues, improvements), you grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty-free right to use it for any purpose.
• Customer references: unless you ask us not to, we may list your name and logo as a customer reference.

Each party may receive Confidential Information from the other. Each party agrees to protect the other party’s Confidential Information using reasonable care and to use it only to provide or receive the Services.

• Confidential Information does not include information that is publicly available without breach, independently developed without using the other party’s Confidential Information, or lawfully received from a third party.
• A party may disclose Confidential Information if required by law, and will provide notice where legally permitted.

Our processing of personal data is described in our Privacy Policy and, where applicable, additional terms such as product-specific terms or data processing agreements.

• You are responsible for ensuring you have the right to provide any personal data you upload to the Services.
• Where we act as a processor for Customer Content, we process personal data only on your documented instructions and as required by law.

The Services may integrate with or include links to Third-Party Services. Third-Party Services are governed by their own terms and policies, and we are not responsible for them.

To the maximum extent permitted by law, the Website and Services are provided on an "as is" and "as available" basis, and we disclaim all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

Our Website may contain hyperlinks to third-party websites for your convenience only; we do not control and are not responsible for the content or privacy practices of those websites.

• To the maximum extent permitted by law, Nexwinds will not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or goodwill arising from or related to your use of the Website or Services.
• To the maximum extent permitted by law, Nexwinds’ total liability for all claims arising out of or relating to the Website or Services will not exceed the amounts you paid to Nexwinds for the relevant Services in the twelve (12) months preceding the event giving rise to the claim.
• Nothing in these Terms excludes or limits liability that cannot be excluded under applicable law.

To the maximum extent permitted by law, you will indemnify and hold harmless Nexwinds from claims arising out of (a) your Customer Content, (b) your misuse of the Services, or (c) your breach of these Terms.

• Assignment: you may not assign or transfer these Terms or an Order without our written consent; we may assign our rights and obligations as part of a merger, acquisition, or sale of assets.
• Severability: if any provision is unenforceable, the remaining provisions will remain in effect.
• No waiver: failure to enforce a provision is not a waiver.
• Entire agreement: these Terms and any applicable Orders form the agreement between you and Nexwinds for the Services they cover.
• Notices: we may provide notices via the Website, your account, or email; you may contact us using the details in these Terms.

These Terms are governed by the laws of Portugal.

Unless mandatory law provides otherwise, you agree that the courts of Portugal will have exclusive jurisdiction to settle any dispute arising from or relating to these Terms or the Services.

Questions about these Terms can be sent to:

• Email: hello@nexwinds.com