Terms and conditions
1. General information
The User must carefully read these Terms and Conditions that regulate the access and use of the “qTraining” App (hereinafter “App”), operated by the company QUITE A MIND, LDA. / MAKEADREAM, headquartered at Avenida Torre de Belém, nº 17, 1400-342 LISBOA, legal person nº 514560665 (hereinafter “MAKEADREAM”).
The use of this App will be governed by these Terms and Conditions, its use implying an acceptance of the same by the User. If the User rejects these Terms and Conditions, he must immediately cease using the App.
MAKEADREAM may change or update without prior notice, in whole or in part, these Terms and Conditions, as well as the Privacy Notice, any changes or updates being effective as soon as they are published in the respective section of the App. Users are advised to regularly consult the Terms and Conditions and Privacy Notice sections for the most up-to-date versions.
Access and use of the App are made available exclusively for personal use, to access the features provided by MAKEADREAM or obtain information regarding them, and are therefore not related to any commercial, business or professional activity of the User.
MAKEADREAM reserves the right to assess the User's compliance with these Terms and Conditions at its discretion. Violation of the Terms and Conditions may imply the withdrawal of the authorization for use granted by MAKEADREAM, under the terms set forth herein, as well as the exercise of your rights to the fullest extent permitted by law.
The User undertakes to indemnify and exonerate MAKEADREAM, as well as its legal representatives, partners and employees, from any damages, liabilities, claims or requests for compensation, including expenses and representation costs, requested by third parties as a result of the use of the App in terms that do not comply with these Terms and Conditions, and/or due to the violation of the conditions set forth therein, and/or resulting from non-compliance with the declarations and guarantees contained in these Terms and Conditions.
The use of this App will be governed by these Terms and Conditions, its use implying an acceptance of the same by the User. If the User rejects these Terms and Conditions, he must immediately cease using the App.
MAKEADREAM may change or update without prior notice, in whole or in part, these Terms and Conditions, as well as the Privacy Notice, any changes or updates being effective as soon as they are published in the respective section of the App. Users are advised to regularly consult the Terms and Conditions and Privacy Notice sections for the most up-to-date versions.
Access and use of the App are made available exclusively for personal use, to access the features provided by MAKEADREAM or obtain information regarding them, and are therefore not related to any commercial, business or professional activity of the User.
MAKEADREAM reserves the right to assess the User's compliance with these Terms and Conditions at its discretion. Violation of the Terms and Conditions may imply the withdrawal of the authorization for use granted by MAKEADREAM, under the terms set forth herein, as well as the exercise of your rights to the fullest extent permitted by law.
The User undertakes to indemnify and exonerate MAKEADREAM, as well as its legal representatives, partners and employees, from any damages, liabilities, claims or requests for compensation, including expenses and representation costs, requested by third parties as a result of the use of the App in terms that do not comply with these Terms and Conditions, and/or due to the violation of the conditions set forth therein, and/or resulting from non-compliance with the declarations and guarantees contained in these Terms and Conditions.
2. Use Authorization
Without prejudice to the other clauses of these Terms and Conditions, MAKEADREAM authorizes any User to use this App only for personal or informational purposes, as provided for in these Terms and Conditions. The authorization for use may be revoked by MAKEADREAM at its discretion and at any time. Under the terms of the law and these Terms and Conditions, the User may not copy, use, transfer, rent, sublicense, alter, adapt, attempt to modify or alter the source code, carry out reverse engineering operations, decompile or disassemble, in whole or in part, the content of the App. By accessing the App, the User acknowledges and accepts that its content may be incomplete, inaccurate, not updated, or that it may not meet their needs and requirements.
3. Contents and Limitation of Liability
The access and use of the App constitute activities carried out by the User. The User is solely and exclusively responsible for the use of the App and its contents. MAKEADREAM is not responsible, nor does it assume any responsibility for the use of the App in terms that do not comply with the legal provisions in force by the User.
Specifically, the User is solely responsible for communicating incorrect, false, or third-party information or data, without their consent, as well as for the incorrect use thereof.
The contents of the App may contain inaccuracies or errors. MAKEADREAM is not responsible, nor will it be liable, by any means or way, for inaccuracies and errors, any damage caused or resulting from the use of information derived from the App or through the App by the User. The User is solely and exclusively responsible for evaluating the information and content obtained through the App.
The App and all information and content published on it may be changed by MAKEADREAM at any time, periodically and/or without prior notice.
Considering that any content that may be downloaded or otherwise obtained is the result of the User's free decision and is carried out at his own risk, any liability for damage to computers or any other electronic devices or loss of data resulting from download operations made by the User, will be the exclusive responsibility of the User and cannot be attributed to MAKEADREAM. MAKEADREAM assumes no responsibility for damages resulting from the impossibility of accessing the services provided through the App or for damages caused by viruses, damaged files, errors, omissions, service interruptions, content cancellation, Internet-related issues, service providers or with the telephone and/or telematic connection, unauthorized access, data changes, or related to the non-existence and/or malfunction of the User's electronic devices.
MAKEADREAM has adopted the appropriate technical and organizational measures to safeguard the security of the services it provides through the App, ensure the integrity of electronic traffic data related to unauthorized forms of use or knowledge, as well as to avoid risks of dissemination, destruction or loss of the User's confidential or non-confidential data and information, contained in the App, or related to access – unauthorized or in breach of applicable legal provisions – to said personal data and information.
MAKEADREAM does not and cannot guarantee that the App is free of viruses or any other element that may negatively affect its use.
Specifically, the User is solely responsible for communicating incorrect, false, or third-party information or data, without their consent, as well as for the incorrect use thereof.
The contents of the App may contain inaccuracies or errors. MAKEADREAM is not responsible, nor will it be liable, by any means or way, for inaccuracies and errors, any damage caused or resulting from the use of information derived from the App or through the App by the User. The User is solely and exclusively responsible for evaluating the information and content obtained through the App.
The App and all information and content published on it may be changed by MAKEADREAM at any time, periodically and/or without prior notice.
Considering that any content that may be downloaded or otherwise obtained is the result of the User's free decision and is carried out at his own risk, any liability for damage to computers or any other electronic devices or loss of data resulting from download operations made by the User, will be the exclusive responsibility of the User and cannot be attributed to MAKEADREAM. MAKEADREAM assumes no responsibility for damages resulting from the impossibility of accessing the services provided through the App or for damages caused by viruses, damaged files, errors, omissions, service interruptions, content cancellation, Internet-related issues, service providers or with the telephone and/or telematic connection, unauthorized access, data changes, or related to the non-existence and/or malfunction of the User's electronic devices.
MAKEADREAM has adopted the appropriate technical and organizational measures to safeguard the security of the services it provides through the App, ensure the integrity of electronic traffic data related to unauthorized forms of use or knowledge, as well as to avoid risks of dissemination, destruction or loss of the User's confidential or non-confidential data and information, contained in the App, or related to access – unauthorized or in breach of applicable legal provisions – to said personal data and information.
MAKEADREAM does not and cannot guarantee that the App is free of viruses or any other element that may negatively affect its use.
4. App Access, Interruption and Suspension
MAKEADREAM uses its best efforts to provide continuous access to the App, however, such access may be suspended, limited or interrupted at any time for any reason.
Access to the App may be limited from time to time to allow for recovery, maintenance or introduction of new features or services.
Access to the App may also be interrupted in cases of "Force Majeure" considered as any cause that disturbs the performance of the App and that has any kind of impact on the fulfillment of our obligations arising from or attributable to acts, events, omissions or accidents beyond our reasonable control and, in particular, but not limited to, shall include strikes, terrorist action, invasion, war, threat or preparation for war, fire, technical failure of power, software, hardware or telecommunications or other network failures, interruptions, interruptions or breakdowns, explosions, storms, floods, earthquakes, epidemics or other natural disasters, any legislation, regulation, rule or decision of a State or court.
In any case, MAKEADREAM will use its best efforts to regain access as soon as possible. MAKEADREAM reserves the right to block access to any material and/or remove any material that may, in its discretion, violate these Terms and Conditions.
Access to the App may be limited from time to time to allow for recovery, maintenance or introduction of new features or services.
Access to the App may also be interrupted in cases of "Force Majeure" considered as any cause that disturbs the performance of the App and that has any kind of impact on the fulfillment of our obligations arising from or attributable to acts, events, omissions or accidents beyond our reasonable control and, in particular, but not limited to, shall include strikes, terrorist action, invasion, war, threat or preparation for war, fire, technical failure of power, software, hardware or telecommunications or other network failures, interruptions, interruptions or breakdowns, explosions, storms, floods, earthquakes, epidemics or other natural disasters, any legislation, regulation, rule or decision of a State or court.
In any case, MAKEADREAM will use its best efforts to regain access as soon as possible. MAKEADREAM reserves the right to block access to any material and/or remove any material that may, in its discretion, violate these Terms and Conditions.
5. Personal Data Protection
The User must read and analyze the Privacy Notice, in order to understand how the App collects and uses the User's personal data, in accordance with the provisions and in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data and which repeals Directive 95/46/EC (General Regulation on Data Protection) and other related legislation. QUITE A MIND, LDA / MAKEADREAM is implementing a Personal Data Protection System and an Information Security System, in order to ensure regulatory compliance and the demonstration or disclosure of institutional responsibility in terms of protecting data and information security, implementing all the necessary technical and organizational measures, either to comply with the general legal regime of the Law Enforcement of the General Regulation on Data Protection (Law 58/2019, of 8 August), or to comply with the legal regime of the General Data Protection Regulation, EU Regulation 679/2016, of 27 April).
6. Intellectual Property Rights
All rights are reserved. The App and all of its contents, including without limitation, articles, opinions, other texts, lists, user manuals, photographs, drawings, images, video or audio clips or marketing texts, as well as brands, logos, domain names, and any other elements that may be covered by proprietary rights (including source codes) and/or other types of intellectual property rights (hereinafter “Material”), are the property of MAKEADREAM or third parties and are protected against use, copying or disclosure not authorized by national laws and international treaties relating to intellectual property rights.
None of the provisions of the Terms and Conditions and/or the contents contained in the App may be interpreted as implicitly granting, accepting or by any means licensed the right to use any Material by any means, without the prior written consent of MAKEADREAM or the third party owner. of the Material or intellectual property rights published on the App.
The use, copying, reproduction, alteration, republication, updating, downloading, sending by e-mail, transmission, distribution or duplication, or any other abusive act of the Material not specifically identified, but of the same nature, is prohibited.
As a User of the App, the User undertakes not to use the Material for illegal purposes and not to violate the rights of MAKEADREAM.
The User may, however, view and display the content of the App and/or the Material on the screen of a computer or other electronic device, store such content in electronic format on disk (but not on a server or on a memory device connected to the Internet) or print a copy of such contents for your personal and non-commercial use, however you must keep all information related to intellectual property rights.
Access to the App does not give the User any rights over the contents made available by MAKEADREAM.
None of the provisions of the Terms and Conditions and/or the contents contained in the App may be interpreted as implicitly granting, accepting or by any means licensed the right to use any Material by any means, without the prior written consent of MAKEADREAM or the third party owner. of the Material or intellectual property rights published on the App.
The use, copying, reproduction, alteration, republication, updating, downloading, sending by e-mail, transmission, distribution or duplication, or any other abusive act of the Material not specifically identified, but of the same nature, is prohibited.
As a User of the App, the User undertakes not to use the Material for illegal purposes and not to violate the rights of MAKEADREAM.
The User may, however, view and display the content of the App and/or the Material on the screen of a computer or other electronic device, store such content in electronic format on disk (but not on a server or on a memory device connected to the Internet) or print a copy of such contents for your personal and non-commercial use, however you must keep all information related to intellectual property rights.
Access to the App does not give the User any rights over the contents made available by MAKEADREAM.
7. User Representations and Warranties
The User acknowledges and declares that:
- Be over 18 (eighteen) years of age or be emancipated;
- You have read and understood these Terms and Conditions;
- You will refrain from reproducing, duplicating, copying, selling, reselling or by any means commercially exploiting the App or its contents, or part thereof, as well as refraining from using or reproducing the brands or any intellectual property rights of MAKEADREAM;
- You will not publish or use false, libelous or defamatory information;
- You will refrain from using, directly or indirectly, the services or the App for purposes contrary to the law or in breach of these Terms and Conditions;
- It will not propagate viruses, spyware, adware, rootkit, backdoor or Trojan viruses or other similar computer threats;
- You will not use software or other automatic or manual mechanisms to copy or access control of the App or its content.
8. Miscellaneous Provisions
The nullity of any of the provisions contained in these Terms and Conditions will be deemed to be unwritten, the remaining provisions remaining fully in force and producing all their effects.
These Terms and Conditions will be governed by Portuguese law and will be interpreted in accordance with Portuguese law. Any dispute arising out of these Terms and Conditions or related to them, in the absence of an amicable and negotiated agreement between the parties, will be settled by the Courts of Justice of Lisbon, with express waiver of any others.
The User may contact MAKEADREAM for any question related to the Terms and Conditions or for any question related to the use of the App, through the following email address: suporte@quiteamind.com.
These Terms and Conditions will be governed by Portuguese law and will be interpreted in accordance with Portuguese law. Any dispute arising out of these Terms and Conditions or related to them, in the absence of an amicable and negotiated agreement between the parties, will be settled by the Courts of Justice of Lisbon, with express waiver of any others.
The User may contact MAKEADREAM for any question related to the Terms and Conditions or for any question related to the use of the App, through the following email address: suporte@quiteamind.com.