Terms and Conditions

1. Compliance with Laws and Regulations

You agree to comply with all applicable local, national, and international laws, regulations, and ordinances when using our website and services. This includes but is not limited to:

• • Data protection and privacy laws (including LGPD, GDPR where applicable)
• • Intellectual property rights and copyright laws
• • Consumer protection regulations
• • Export control and trade sanction laws
• • Anti-spam, anti-fraud, and telecommunications regulations

2. Prohibited Activities and Behaviors

You agree not to engage in any activities that:

3. Content Guidelines and Restrictions

Any content you submit through our website must be respectful, lawful, and appropriate. You may not submit content that contains hate speech, harassment, explicit material, false information, or violates the rights of others. We reserve the right to remove any content that violates these guidelines without prior notice.

4. Indemnification Obligations

You agree to indemnify, defend, and hold harmless Petrichor, its officers, directors, employees, contractors, and agents from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorney fees) arising from:

• → Your use or misuse of our website or services
• → Your violation of these Terms and Conditions
• → Your violation of any rights of third parties
• → Content you submit or transmit through our services
• → Any breach of representations or warranties made by you

Disclaimer of Warranties

Specifically, we disclaim all warranties including:

• 1. Implied Warranties: Merchantability, fitness for a particular purpose, title, and non-infringement
• 2. Content Accuracy: Accuracy, completeness, or timeliness of information on our website
• 3. Service Continuity: Uninterrupted, secure, or error-free operation of our services
• 4. Results: Any specific results or outcomes from using our services
• 5. Third-Party Content: Content, products, or services of third parties accessible through our website

Limitation of Liability

This limitation applies to damages arising from:

• • Loss of profits, revenue, data, or business opportunities
• • Service interruptions or technical failures
• • Errors, mistakes, or inaccuracies in content
• • Unauthorized access to or alteration of your data
• • Third-party content or conduct on our website
• • Any other matter relating to our website or services

In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.

Maximum Liability Cap

Our total aggregate liability to you for all claims arising from or related to our website or services shall not exceed the greater of: (a) the amount you paid us, if any, in the twelve months preceding the claim, or (b) R$ 500 (five hundred Brazilian reais). This limitation applies regardless of the legal theory upon which the claim is based.

Consequential Damages Exclusion

Under no circumstances shall we be held liable for any delay or failure in performance resulting from circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

Governing Law

These Terms and Conditions and any disputes arising from or related to them shall be governed by and construed in accordance with the laws of the Federative Republic of Brazil, specifically the laws of the State of São Paulo, without regard to conflict of law principles.

Jurisdiction and Venue

You agree that any legal action or proceeding arising from or related to these Terms and Conditions or your use of our website shall be brought exclusively in the courts located in São Paulo, Brazil. You consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

For international users: While we operate primarily in Brazil, we recognize that users may access our services from other jurisdictions. In such cases, local consumer protection laws may provide additional rights that cannot be waived by agreement.

Dispute Resolution Procedures

Before initiating any formal legal proceedings, you agree to first attempt to resolve disputes through the following process:

Class Action Waiver

To the extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive the right to participate in any class action or class-wide dispute resolution.

Severability Clause

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, such provision shall be severed from these terms. The remaining provisions shall continue in full force and effect.

Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any other legal notices or policies published on our website, constitute the entire agreement between you and Petrichor concerning your use of our website and services, superseding any prior agreements or understandings.

No Waiver

Our failure to enforce any right or provision of these Terms and Conditions shall not be deemed a waiver of such right or provision. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

Our Rights to Assign

We reserve the right to assign, transfer, or delegate our rights and obligations under these Terms and Conditions to any third party, including in connection with any merger, acquisition, reorganization, or sale of assets. You will be notified of any such transfer that materially affects your rights.

Restrictions on Your Transfer

You may not assign, transfer, or delegate your rights or obligations under these Terms and Conditions without our prior written consent. Any attempted assignment in violation of this provision shall be null and void.