Conditions d'utilisation
Règles et conditions d'utilisation de nos services.
1. Acceptance of Terms
Please read these Terms of Service ("Terms", "Agreement") carefully before accessing or using the website, services, or products offered by Gabriel Toth Goncalves ("we", "us", "our", or "Company"). By accessing or using our website at www.gabrieltoth.com (the "Site"), subscribing to our services, or otherwise interacting with us, you ("User", "you", "your") acknowledge that you have read, understood, and agree to be legally bound by these Terms, whether or not you have registered with us. Electronic Acceptance: By using our services in any manner, including but not limited to visiting or browsing the Site, submitting a contact form, creating an account, or purchasing services, you agree to these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our website or services. Age Requirement: You must be at least 18 years of age (or the age of majority in your jurisdiction) to use our services. By accepting these Terms, you represent and warrant that you are at least 18 years old and have the full power and authority to enter into this Agreement. If you are using our services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. Updates to Terms: These Terms may be updated from time to time as described in Section 8. Your continued use of our services after any changes constitutes acceptance of the new Terms.
2. Services
We offer a range of digital services including, but not limited to: - Web Development: Custom website development, web application development, landing page creation, and full-stack development services. - Performance Optimization: Website speed optimization, Core Web Vitals improvement, performance audits, and technical SEO optimization. - Digital Consulting: Strategic digital consulting, technology stack recommendations, architecture planning, and digital transformation advisory. - Technical Support: Ongoing technical support, website maintenance, security updates, and troubleshooting services. - UI/UX Design: User interface and user experience design, wireframing, prototyping, and design systems. - Additional Services: Any other digital services as agreed upon between you and the Company through a separate service agreement or statement of work. Service Modifications: We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of any service. Service Levels: The specific scope, deliverables, timelines, and service levels for each engagement will be defined in a separate service agreement, proposal, or statement of work executed by both parties. In the event of any conflict between these Terms and a service agreement, the service agreement shall prevail. Third-Party Services: Our services may integrate with or rely on third-party platforms, tools, and services (including but not limited to Vercel, Supabase, Google Cloud, and payment processors). We do not control these third-party services and are not responsible for their availability, security, or performance. Your use of any third-party services is subject to their respective terms and conditions.
3. User Accounts and Responsibilities
Account Registration: To access certain features of our services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. Account Security: You are solely responsible for: - Maintaining the confidentiality and security of your account credentials, including your username and password - All activities that occur under your account, whether authorized by you or not - Notifying us immediately of any unauthorized use of your account or any other breach of security - Ensuring that you log out from your account at the end of each session We will not be liable for any loss or damage arising from your failure to comply with these security obligations. If you suspect any unauthorized activity on your account, contact us immediately at contato@gabrieltoth.com or via WhatsApp at +55 11 99331-3606. Prohibited Activities: In connection with your use of our website and services, you agree not to: - Violate any applicable laws, regulations, or third-party rights - Use our services for any unlawful, fraudulent, or malicious purpose - Attempt to gain unauthorized access to our systems, user accounts, or networks - Interfere with, disrupt, or impose an unreasonable burden on our servers, networks, or infrastructure - Reverse engineer, decompile, disassemble, or attempt to derive the source code of our software or services - Use any automated means (bots, crawlers, scrapers) to access or interact with our services without our express written permission - Transmit any viruses, malware, Trojan horses, worms, or other malicious code - Impersonate any person or entity or misrepresent your affiliation with any person or entity - Collect or harvest any personally identifiable information from our services without our consent - Engage in any activity that could damage, disable, overburden, or impair our services or interfere with any other party's use of our services - Use our services to send unsolicited communications (spam) - Access or use our services in a way that could harm minors Suspension and Termination: We reserve the right to suspend or terminate your access to our services immediately, without prior notice, if you violate these Terms or engage in any prohibited activities. We may also suspend or terminate your account for extended inactivity.
6. Limitation of Liability and Disclaimer of Warranties
Disclaimer of Warranties: OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, COURSE OF DEALING, OR TRADE PRACTICE. WE DO NOT WARRANT THAT: - The services will meet your specific requirements or expectations - The services will be uninterrupted, timely, secure, or error-free - The results obtained from the use of our services will be accurate or reliable - Any errors or defects in the services will be corrected - Our website or servers are free of viruses or other harmful components Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GABRIEL TOTH GONCALVES, ITS OWNERS, EMPLOYEES, CONTRACTORS, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO: - Loss of profits, revenue, data, use, goodwill, or other intangible losses - Business interruption or loss of business opportunity - Cost of procurement of substitute goods or services - Damages resulting from service interruption, computer damage, or system failure - Damages arising from unauthorized access to or alteration of your transmissions or data - Damages for any matter beyond our reasonable control Liability Cap: OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR R$1,000.00 (ONE THOUSAND BRAZILIAN REAIS), WHICHEVER IS LESS. Force Majeure: We shall not be liable for any failure or delay in performance of our obligations under these Terms resulting from any cause beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation, facilities, fuel, energy, labor, or materials, pandemics, epidemics, failure of telecommunications or internet infrastructure, and governmental actions. Basis of the Bargain: You acknowledge that the prices for our services reflect the allocation of risk set forth in this Section 6 and that we would not enter into this Agreement without these limitations on liability. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.
7. Privacy and Data Protection
Your privacy is critically important to us. Please read our Privacy Policy, which is incorporated by reference into these Terms and governs how we collect, use, store, process, and disclose your personal information. Data Processing Agreement: To the extent that we process personal data on your behalf, the terms of the applicable data processing agreement (DPA) shall apply. Where no separate DPA has been executed, the data processing terms set forth in our Privacy Policy shall govern such processing. By using our services, you consent to the collection, use, and processing of your personal information as described in our Privacy Policy. If you do not agree with our Privacy Policy, please do not use our services. You are responsible for ensuring that any personal data you provide to us or authorize us to process complies with applicable data protection laws and that you have obtained all necessary consents and authorizations required for such processing.
8. Modifications to Terms
We reserve the right to modify, amend, or update these Terms at any time, in our sole discretion, to reflect changes in our services, business practices, legal or regulatory requirements, or for any other reason. Notification of Changes: We will notify you of material changes to these Terms through one or more of the following methods: - Posting the updated Terms on our website with a revised "Last updated" date at the top of this document - Sending an email notification to the address associated with your account (if applicable) - Displaying a prominent notice on our website requiring your acknowledgment Effective Date and Acceptance: Changes to these Terms become effective on the date they are posted on our website, unless otherwise specified. Your continued use of our website or services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using our services immediately. Prior to any material change, we will provide notice at least 30 days in advance, giving you the opportunity to review the changes before they take effect. These Terms were last modified on July 23, 2026.
9. Termination
Termination by Us: We may terminate or suspend your account and access to our services immediately, without prior notice or liability, for any reason, including but not limited to: - Breach or violation of these Terms or any other agreement between us - Engaging in any prohibited activities as described in Section 3 - Requests by law enforcement or other government agencies - Extended periods of inactivity - Unexpected technical or security issues - Non-payment of fees when due - Fraud or abuse of our services Termination by You: You may terminate this Agreement at any time by discontinuing use of our services and, where applicable, closing your account. For subscription or ongoing services, termination is subject to the notice period specified in your service agreement. Effect of Termination: Upon termination: - Your right to access and use our services ceases immediately - We may delete or deactivate your account and all related data - Any outstanding payment obligations become immediately due and payable - We will provide a reasonable period (up to 30 days) to retrieve your data, subject to applicable data retention and deletion policies Survival: The following provisions shall survive any termination of this Agreement: - Section 4 (Intellectual Property Rights) - Section 5 (Payment Terms - for amounts due) - Section 6 (Limitation of Liability) - Section 9 (Termination - this section) - Section 10 (Governing Law and Dispute Resolution) - Section 11 (Contact) Automatic Termination: If you fail to comply with any provision of these Terms, and do not cure such failure within 15 days of receiving notice from us, your rights under these Terms will automatically terminate.
10. Governing Law and Dispute Resolution
Governing Law: These Terms and any disputes arising out of or relating to these Terms, our website, or our services shall be governed by and construed in accordance with the laws of the Federative Republic of Brazil, specifically the laws of the State of Sao Paulo, without giving effect to any conflict of laws principles. Jurisdiction: Any legal action or proceeding arising out of or relating to these Terms or our services shall be brought exclusively in the courts of the Central District of Sao Paulo (Foro Central da Comarca de Sao Paulo), State of Sao Paulo, Brazil. You hereby consent to the personal jurisdiction and venue of such courts and waive any objection based on improper venue or forum non conveniens. Alternative Dispute Resolution: Before initiating any formal legal proceeding, we encourage you to contact us to attempt to resolve any disputes informally. If we cannot resolve the dispute within 30 days, we agree to submit the dispute to mediation administered by the Chamber of Mediation and Arbitration of the State of Sao Paulo (CAM-CCBC) or another mutually agreed mediation service. Mediation shall be conducted in Portuguese and the costs shall be shared equally. Arbitration: If mediation does not resolve the dispute, either party may submit the dispute to arbitration in accordance with the arbitration rules of the CAM-CCBC (Camara de Mediacao e Arbitragem da Camara de Comercio Brasil-Canada). The arbitration shall be conducted in Sao Paulo, SP, Brazil, in the Portuguese language, by a single arbitrator appointed in accordance with the CAM-CCBC rules. The arbitrator's decision shall be final and binding on both parties. This arbitration agreement does not preclude either party from seeking injunctive or equitable relief in a court of competent jurisdiction for matters involving intellectual property rights or unauthorized access to services. Class Action Waiver: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST US. Statute of Limitations: You agree that any cause of action arising out of or related to these Terms or our services must commence within one (1) year after the cause of action accrues; otherwise, such cause of action is permanently barred.
11. Contact Information
If you have any questions, concerns, complaints, or requests regarding these Terms of Service, please contact us through the following channels: Legal Notices and Formal Correspondence: Gabriel Toth Goncalves - Email: contato@gabrieltoth.com - WhatsApp: +55 11 99331-3606 - Website: www.gabrieltoth.com - Address: Sao Paulo, SP, Brazil Service Inquiries and Support: - Email: contato@gabrieltoth.com - WhatsApp: +55 11 99331-3606 - Response Time: We aim to respond to all inquiries within 24 hours during business days. Legal Notice Address for Service of Process: For any legal notices required under these Terms, you may send written notice to the email address above. Unless otherwise specified, all notices required under these Terms shall be in writing and shall be deemed given when delivered by email with confirmed receipt. Questions regarding intellectual property or DMCA notices should be sent to contato@gabrieltoth.com. This document constitutes the entire agreement between you and Gabriel Toth Goncalves regarding your use of our website and services.
Last updated: July 23, 2026