Acceptable Use Policy (“AUP”)

Effective Date: 16/12/2024

This Acceptable Use Policy (“AUP”) is part of the terms and conditions that govern the use of services and systems provided by Nexwinds Solutions Lda (“Nexwinds”, “we”, “us”, or “our”). By using our services, clients and users (“you” or “your”) agree to comply with this AUP. This policy is designed to ensure the proper and legal use of the services and to protect our systems, networks, and reputation.

1. Purpose

The purpose of this Acceptable Use Policy is to ensure that all users of Nexwinds’ services use them in a lawful, responsible, and ethical manner. This AUP applies to all users of our systems, services, and platforms, including but not limited to websites, applications, software, hosting services, and email services.

2. Prohibited Activities

You may not use our services for any unlawful, harmful, or illegal activities. Specifically, the following activities are prohibited:

2.1 Illegal Activities

• Engaging in any activity that violates applicable local, national, or international law or regulation.
• Infringing upon the intellectual property rights of third parties, including using copyrighted material without permission.

2.2 Harassment and Abuse

• Harassing, abusing, or threatening others through communications, including emails, website content, or other online behavior.
• Sending unsolicited commercial email (spam) or other forms of mass communication that violate anti-spam laws.

2.3 Malicious or Fraudulent Activities

• Using our services for any form of fraud, including identity theft, phishing, or financial fraud.
• Distributing viruses, worms, malware, or any other harmful software that may damage or disrupt systems, networks, or services.
• Attempting to gain unauthorized access to, or disrupt, any account, system, network, or data that does not belong to you.

2.4 Data Privacy and Security Violations

• Violating data protection laws, including the General Data Protection Regulation (GDPR) or any other applicable privacy regulations.
• Accessing or collecting personal data without proper authorization or consent.

2.5 Inappropriate Content

• Uploading, publishing, or distributing content that is offensive, obscene, abusive, defamatory, or otherwise objectionable.
• Engaging in activities that promote hate speech, violence, or discrimination based on race, ethnicity, gender, religion, sexual orientation, or any other protected characteristic.

2.6 Network Abuse

• Using excessive amounts of bandwidth, processing power, or other resources that negatively impact other users or services.
• Engaging in activities that overload or attempt to overload our network or servers, including using “botnets” or other automated methods to exploit our systems.

2.7 Violation of Third-Party Rights

• Using our services in a manner that violates or infringes upon the rights of any third party, including intellectual property, privacy, or contractual rights.

3. General Obligations

3.1 Compliance with Laws

You agree to comply with all applicable laws, regulations, and guidelines in your use of our services, including laws relating to data protection, content, and online behavior.

3.2 Responsibility for Content

You are solely responsible for any content that you upload, post, transmit, or otherwise make available via our services. This includes ensuring that your content does not violate the rights of any third party or any provisions of this AUP.

3.3 Security and Data Protection

You agree to implement reasonable security measures to protect any data or information that you store, process, or transmit via our services. This includes adhering to best practices for password management, access control, and encryption.

3.4 Monitoring and Enforcement

Nexwinds reserves the right to monitor the use of its services to ensure compliance with this AUP and to take appropriate action in case of violations, including suspension or termination of access to our services. We also reserve the right to remove or block any content that violates this policy.

4. Consequences of Violations

Violations of this Acceptable Use Policy may result in one or more of the following actions:

• Suspension or Termination of Services: Nexwinds may suspend or terminate access to the affected services immediately, without notice, if a violation is detected.
• Legal Action: In cases of serious violations, Nexwinds may pursue legal action to seek compensation for damages or to protect its systems, clients, or reputation.
• Notification: If applicable, Nexwinds will notify the user of the violation and any actions taken to address it.

5. Reporting Violations

If you believe that someone is violating this Acceptable Use Policy, you are encouraged to report it to Nexwinds immediately. You can contact us using the following means:

• Email: [email protected]
• Phone: [Insert phone number]
• Mail: Rua Engenheiro João Tallone, n.º 80, 4470-516 Maia, Porto, Portugal

6. Amendments to the Policy

Nexwinds reserves the right to modify, update, or amend this Acceptable Use Policy at any time. Any changes will be posted on our website, and the updated version will become effective upon publication. By continuing to use our services, you agree to be bound by the most recent version of this policy.

7. Governing Law

This Acceptable Use Policy is governed by the laws of Portugal. Any disputes arising under or in connection with this policy will be subject to the exclusive jurisdiction of the courts of Porto, Portugal.

IN WITNESS WHEREOF, this Acceptable Use Policy is adopted by Nexwinds Solutions Lda and becomes effective on the Effective Date above.