TERMS AND CONDITIONS

General Terms and Conditions

Updated on 23rd May 2023

When you access our “Website” (www.notonlydata.app), directly or through any platform where the NOD software is integrated, you are considered a “User,” and any use you make of our Website means that you have read, understood, and accepted the General Terms and Conditions (“GTC”), which are in force at any given time. Therefore, it is recommended to read them periodically. These are a set of rules that are mandatory and applicable to any use you make of this space and the results of that use.

The reading should be careful because these rules form a contract between us (NOD RED PANDA GRAPHIC SOLUTIONS LDA, a limited liability company, with headquarters at Edifício LACS, Cais Conde Rocha de Obidos 1350-352, Lisbon, and with VAT number PT515070785 – hereinafter “NOD” or “we”), and the User.

Subject of the GTC and Electronic Contracting of our services
Personal Data
Relevant Notices
Intellectual Property
Changes to these GTC
Interpretation
Other Relevant Rules
In each point of the GTC, we use simple language, so you can easily follow the text. Each sentence and paragraph contains a relevant and binding rule or information that we will not repeat.

1. SUBJECT OF THE GTC AND ELECTRONIC CONTRACTING OF OUR SERVICES

1.1. These GTC regulate your use of our Website.

The User undertakes to respect them in its use. The use is subject to registration/authentication. To register, you will need to fill in the requested information at the time of subscription to the service.

1.2. The subscription to the services offered on our Website takes place through electronic contracting.

The security and transparency of our service subscription process are a priority for us. For this reason, we always follow these steps:

The offer of the service and, when applicable, payment of the price (i.e., effective contracting) only takes place after prior presentation of the specific terms and conditions of the service to be subscribed (the “STC”), which the User undertakes to read carefully;

The subscription contract (which assumes the nature of software license) does not aim to carry out any real or other business but only to provide statistical market analysis;

The subscription contract is formed by the GTC together with the STC, considered to be executed in the Portuguese language;

Before finalizing the subscription request through the Website, you must confirm the details of your order, checking the specific elements of the contract (price, quantity, and duration);

The final subscription contract, as it is formed by several elements, is archived through references to databases and represented by forms and media of different nature; the User will only have access to the specific elements of the contract but can consult the present GTC and STC in its user area at any time.

2. PERSONAL DATA AND COOKIES

2.1. Our Website does not collect or process your personal data without informing you in advance and without ensuring that it is necessary to do so.

Personal data are data that allows the identification of the User or makes the User identifiable.

Whenever your consent is required, you will be asked by us, and you can give it autonomously.

2.2. We also use cookies.

Cookies, also referred to as “connection witnesses,” are information (small text files) that we store on your equipment (computer or mobile device) and that we access (we only access these and no others) so that the Website can identify you as a single User (anonymously) and maintain your personalized session. It is for your comfort.

If you want to forego this comfort, you can change your browser settings to prevent the storage of Cookies and their access, as well as delete the stored Cookies to date. You acknowledge and accept that this change of settings may prevent some functionalities from fulfilling their purpose or simply hinder the normal functioning of the Website.

3. RELEVANT NOTICES

3.1. Customer Data upload, you will find the proper way to upload your data in our site.

3.2. Uploading the Data file is necessarily is necessary to create and train the machine learning module

3.3 After receiving a valid dataset, NOD Data specialists will take 1 to 2 weeks to build a first version of the machine learning module.

3.4 After the the machine learning module is created it can generate Reports on a timely basis according to the plan purchased.

4. INTELLECTUAL PROPERTY

4.1. All elements and contents reproduced on this Website are property of NOD.

These include, among others, images, videos, the NOD brand, our logo, and associated elements.

You are not allowed to appropriate, transmit, manipulate, copy, or use them for purposes other than strictly personal use without our prior express authorization from NOD.

4.2. Our services are provided through our software. This software corresponds to a protected database.

Regardless of the rules included in the STC of each service, our Software is based on a protected database, as an intellectual creation. For this reason, the User may not (contractually and legally), without the prior express authorization of NOD (manually or through processes such as indexing or scraping):

a) Permanently or temporarily reproduce, by any process or form, the whole or any part of the database (“DB”);

b) Translate, adapt, transform, or modify the DB;

c) Distribute the original or copies of the DB;

d) Perform any public communication, exhibition, or public representation of the DB;

e) Reproduce, distribute, communicate, exhibit, or publicly represent the DB.

5. CHANGES TO THESE GTC

5.1. We may change these Terms and Conditions.

It is a power that is reserved to us, and you agree to it. We will do it whenever we consider it more convenient for our activity or for any reason that we consider justified.

5.2. Don’t worry; if you are registered as a User with your own account on our Website, you will be notified of this change.

The changes to the GTC are subject to the rules set out in the STC, with the consequences provided for in each STC for the respective services, applying only to those services.

6. INTERPRETATION

6.1. The original and prevailing version of the terms and conditions is written in Portuguese.

In the event of a discrepancy between the texts or between the meaning of the concepts in the various versions, the version in Portuguese prevails.

6.2. Red Panda Lda is responsible for the translation of the Portuguese version into any English.

We are a Portuguese company, and we do not undertake to provide an accurate and correct reproduction of this text in any other language other than Portuguese or English.

For this reason, we are also not responsible for any errors resulting from an incorrect translation of the terms and conditions. All versions we provide in other languages serve only the purpose of helping to access the minimum content and the need to understand the Portuguese version.

7. OTHER RELEVANT PROVISIONS

7.1. We appreciate comments and suggestions, but that’s it.

If the User provides us with ideas or suggestions about the Website or the services we offer, the User acknowledges that it offers us, without the right to any consideration, the right to use such ideas or suggestions as we

see fit, irrevocably and without limitation.

7.2. The competent court is in Lisbon, Portugal.

For the resolution of any conflict arising from the contractual relationship, the Lisbon Court is exclusively competent, with the application of Portuguese law.

7.3. There are no waivers to these GTC.

The omission or delay in exercising or partially exercising any right cannot be considered a waiver of that right or part of it, respectively.