Terms and Conditions of Use — "O Senhorio"

1. Definitions and Preliminary Provisions

1.1. Aquedis LLC, hereinafter referred to as "the company," "we," or "our," operates the digital application "O Senhorio," which connects landlords and tenants for the management of real estate rentals. The application is available through the Google Play Store, Apple App Store, and other associated digital platforms.

1.2. These terms and conditions constitute a legally binding agreement between Aquedis LLC and any person who accesses or uses the "O Senhorio" application, hereinafter referred to as the "user," "you," or "your."

1.3. The "O Senhorio" application includes all pages, subdomains, apps, and tools associated with the domain www.osenhorio.app.

1.4. The services encompass all activities, functionalities, and operations provided through the application, including property listings, contract management, financial mediation, and payments.

1.5. Access to and use of the application imply full and unrestricted acceptance of these terms and conditions, as well as all complementary policies and guidelines.

1.6. The company operates in multiple jurisdictions and complies with applicable local laws in each territory where it conducts business.

1.7. These terms and conditions are supplemented by specific documents, including but not limited to the Privacy Policy, Cookie Policy, and specific Terms of Use for certain services.

1.8. The company reserves the right to modify this document at any time, and it is the user's responsibility to periodically check for updates.

1.9. The application and services are intended for users who have the legal capacity to enter into contracts, in accordance with the applicable laws of their country of residence.

1.10. The Portuguese version of these terms and conditions shall be considered the official version for all legal purposes, prevailing over versions in other languages in case of conflict or divergence of interpretation.

1.11. The invalidity or unenforceability of any provision of these terms shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect.

1.12. These terms constitute the entire agreement between the parties regarding their subject matter, superseding all prior understandings, proposals, and agreements, whether oral or written.

1.13. Tolerance of any breach of these terms shall not constitute a waiver or novation of the rights established herein.

1.14. The titles and headings used in these terms are for reference only and shall not affect their interpretation.

1.15. By accepting these terms, the user declares that they have read, understood, and agreed to all provisions herein.

2. Acceptance of Terms

2.1. By accessing or using the "O Senhorio" application, you expressly agree to these terms and conditions and assume all obligations arising therefrom.

2.2. Acceptance of these terms is a mandatory condition for using the application and services. If you do not agree with any provision, you must immediately refrain from using our services.

2.3. The company reserves the right to verify the legal capacity of users. Minors or individuals without full legal capacity must be represented or assisted by their legal guardians.

2.4. Acceptance of these terms implies express consent to the collection, storage, and processing of personal data, as described in our Privacy Policy.

2.5. The use of any functionality or service of the application after the publication of any changes to these terms constitutes tacit acceptance of the modifications.

2.6. The user acknowledges that they are solely responsible for the accuracy and truthfulness of the information provided during registration and use of the services.

2.7. Acceptance of these terms does not create an employment, partnership, or associative relationship between the company and the user, maintaining a strictly contractual nature.

2.8. Electronic acceptance of these terms is legally valid and constitutes an express declaration of intent.

2.9. The company will maintain an electronic record of the acceptance of these terms, including the date, time, and device identification, for verification purposes.

2.10. Non-acceptance of these terms prohibits the use of the services offered, with no possibility of partial or conditional use of the functionalities provided.

2.11. By accepting these terms, the user declares that they are aware of the legal responsibilities and penalties applicable in case of violation, including potential legal actions in the jurisdictions where the company operates.

2.12. The user acknowledges that the company may, at its sole discretion, deny or cancel access to the services in case of suspected violation of these terms or misuse of the application.

2.13. Acceptance of these terms includes a commitment to respect the intellectual property, copyright, and other proprietary rights of the company and third parties.

2.14. The user agrees to maintain the confidentiality of their login credentials and to immediately notify the company in case of unauthorized use of their account.

2.15. The company reserves the right to request additional documents for identity verification and registration validation before granting access to the services.

2.16. Acceptance of these terms implies consent to receive communications related to the services, including notifications, updates, and relevant information.

2.17. In case of doubts about these terms, the user may request clarification through the company's official communication channels before accepting them.

2.18. Acceptance of these terms does not exempt the user from complying with other specific policies that may apply to certain services or functionalities.

2.19. The user acknowledges that the company may share information about violations of these terms with competent authorities and partner companies, when legally required or permitted.

2.20. Acceptance of these terms is personal and non-transferable and may not be assigned or transferred to third parties without prior written authorization from the company.

3. Services Offered

3.1. The "O Senhorio" application offers integrated services to facilitate the management of real estate rentals, including property listings, contract management, financial mediation, and payments.

3.2. Property Listings: Landlords can register, edit, and manage their properties, including photos, videos, descriptions, and available amenities.

3.3. Contract Management: The application allows the creation, digital signing, and management of rental agreements, with customizable clauses.

3.4. Financial Mediation: The company acts as a financial mediator, temporarily holding rent and security deposit amounts before transferring them to landlords, ensuring security for both parties.

3.5. Payments: The application provides a secure system for rent, security deposits, and other financial transactions related to rentals.

3.6. Management Tools: Includes features such as performance reports, receipt management, and automatic notifications.

3.7. User Support: The company offers technical support to assist landlords and tenants in using the application.

3.8. All services offered are subject to changes, modifications, suspensions, or discontinuation without prior notice, according to the company's operational and strategic needs.

3.9. The company may establish strategic partnerships to expand or complement its service portfolio, maintaining the same standards of quality and confidentiality.

3.10. The deadlines, specific conditions, and fees for services will be defined in specific contracts or commercial proposals and may vary depending on the complexity of the project and the region of operation.

3.11. The execution of services is conditional upon the provision of accurate and complete information by users. Omissions or inaccuracies may impact the expected results.

3.12. The company uses advanced technological tools, artificial intelligence systems, and digital solutions to optimize service delivery, always in compliance with applicable laws.

3.13. All services are provided by qualified and certified professionals, following market best practices and ethical standards, with a commitment to confidentiality regarding all information obtained during service provision.

4. Use of the Application

4.1. You agree to use the "O Senhorio" application only for lawful purposes and in accordance with these terms, respecting all applicable laws and regulations.

4.2. The user agrees not to use the application to:

• Transmit illegal, defamatory, privacy-invasive, threatening, obscene, or harmful material;
• Engage in fraudulent or deceptive activities;
• Interfere with the normal operation of the application;
• Attempt to gain unauthorized access to systems or data.

4.3. Activity on the Application and Legal Responsibilities: The user is responsible for all information provided and actions taken on their account. The company reserves the right to suspend or cancel accounts in case of violation of these terms.

4.4. Security: It is prohibited to upload viruses, malware, or any other malicious code that may damage, interfere with, or compromise the security of the application.

4.5. Monitoring and Removal: The company reserves the right to monitor all activity on the application and remove any content that violates these terms or is deemed inappropriate.

4.6. Access and Account: The user is responsible for maintaining the confidentiality of their login credentials and for all activities conducted on their account.

4.7. Technical Limitations: It is prohibited to deliberately overload the application's infrastructure through denial-of-service attacks or other harmful activities.

4.8. Commercial Use: It is prohibited to use the application for unauthorized commercial purposes, including advertising or promotions without prior authorization.

4.9. Consequences of Violation: Violation of these terms may result in the immediate suspension or termination of access to the application, without prejudice to other legal measures.

4.10. Cooperation with Authorities: The company reserves the right to fully cooperate with legal authorities or comply with court orders related to suspected violations of applicable laws.

4.11. Service Modifications: The company reserves the right to modify, suspend, or discontinue any aspect of the application at any time, with or without prior notice.

5. Intellectual Property

5.1. The content of the application, including texts, graphics, logos, and images, is the property of Aquedis LLC and is protected by copyright laws.

5.2. The user may view and print application content for personal and non-commercial use, provided that all copyright and proprietary notices remain intact.

5.3. It is expressly prohibited to copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative works, transfer, or sell any information obtained through the application without prior written authorization from the company.

5.4. The trademarks, logos, and trade names displayed on the application are the property of Aquedis LLC. Nothing on the application shall be construed as granting a license or right to use any trademark.

5.5. Unauthorized use of copyrighted material or any infringement of intellectual property rights will result in legal action and a claim for damages.

5.6. Intellectual property rights over any improvements, modifications, adaptations, or developments made from the original content or services belong exclusively to Aquedis LLC.

5.7. By submitting any content, suggestion, or idea to the company through the application, you automatically grant the company the irrevocable and perpetual right to use, implement, and commercially exploit such content without compensation or acknowledgment.

6. Privacy and Data Protection

6.1. Collection and Processing of Personal Data: The company collects and processes personal information in accordance with the Privacy Policy and applicable data protection laws.

6.2. Purpose of Data Processing: Personal data is used to provide services, communicate with users, analyze and improve our services, and comply with legal and regulatory obligations.

6.3. Cookies and Tracking Technologies: We use cookies and similar technologies to enhance the user experience, analyze traffic and behavior on the platform, and personalize content and functionalities.

6.4. Data Sharing: Personal data may be shared with partner companies involved in the rental process, service providers necessary for our operations, and public authorities when required by law.

6.5. Data Security: We implement appropriate technical and organizational measures to protect your personal data, including encryption, firewalls, and other security controls.

6.6. Data Subject Rights: Data subjects have the right to access their personal data, request correction of inaccurate data, request deletion of their data, withdraw previously given consent, request data portability, and object to processing under certain circumstances. See the User Data Deletion page.

6.7. Embedded Content and Third-Party Sites: The application may include embedded content from other platforms, which may collect data about users. The company is not responsible for the privacy practices of third parties.

6.8. Data Retention: Personal data will be retained only for as long as necessary to fulfill the purposes for which it was collected, comply with legal and regulatory requirements, and exercise rights in judicial or administrative proceedings.

6.9. International Data Transfers: When necessary, international data transfers will be made only to countries that provide an adequate level of protection or under specific safeguards provided by applicable law.

6.10. Breach Notification: In case of a security incident that may result in significant risk or harm to data subjects, the company will notify the competent authorities and affected individuals, as required by applicable law.

6.11. Privacy Policy Updates: The company reserves the right to modify this policy at any time, notifying users of significant changes through available communication channels.

6.12. Contact Information for the Data Protection Officer: To exercise your rights or clarify doubts about the processing of personal data, data subjects may contact our Data Protection Officer through the official channels provided by the company.

7. Limitation of Liability

7.1. Aquedis LLC shall not be liable for any direct, indirect, incidental, or consequential damages resulting from the use or inability to use our services.

7.2. We do not guarantee the accuracy, completeness, or timeliness of the information on the platform. The information is provided "as is" and "as available," without warranties of any kind.

7.3. The company shall not be responsible for decisions made by users based on the information provided on the platform.

7.4. We are not responsible for technical problems or failures in equipment, internet connections, systems, or servers of users or third parties.

7.5. The company does not guarantee that the application will be available uninterrupted, error-free, or free of viruses.

7.6. We are not responsible for the accuracy or truthfulness of information provided by users or third parties on the platform.

7.7. The company is not liable for any disputes, conflicts, or disagreements that may arise between users in the context of rental processes conducted through the application.

7.8. In case of a security breach or data leak caused by third-party attacks, the company's liability is limited to containment, notification, and correction of the incident.

7.9. The maximum amount of any compensation payable by the company, regardless of the nature of the damage, shall not exceed the total amount paid by the user for services in the last 3 months or the limit set by applicable law, whichever is lower.

7.10. The limitations of liability set forth in these terms do not apply to damages caused by the company's proven fraud or willful misconduct, nor do they exclude or limit rights that cannot be excluded or limited by law.

8. Changes to Terms and Conditions

8.1. Aquedis LLC reserves the right to modify, alter, or update these terms and conditions at any time, at its sole discretion, with or without prior notice.

8.2. Changes to the terms will take effect immediately upon publication on the platform. Continued use of the services after the publication of changes constitutes express acceptance of the new terms.

8.3. Significant changes to the terms will be communicated to users through notifications on the platform, registered email, or logged-in area messages, with at least 30 days' notice before they take effect.

8.4. It is the user's responsibility to regularly check for updates to these terms. The date of the last update will always be available at the beginning of the document.

8.5. If the user does not agree with the changes, they must immediately stop using the services and request the closure of their account, subject to previously assumed obligations.

8.6. The most recent version of the terms and conditions will always prevail over previous versions for all purposes.

8.7. The company will maintain a history of previous versions of the terms and conditions, which may be provided upon formal request by the user.

8.8. In case of conflict between different versions of the terms, the Portuguese version shall be considered the official version and shall prevail over versions in other languages.

8.9. Changes resulting from legal or regulatory requirements may take effect in less than the period specified in section 8.3, as determined by the competent authority.

8.10. The invalidity or unenforceability of any clause in these terms shall not affect the validity or enforceability of the remaining provisions.

9. Governing Law

9.1. These terms are governed by and interpreted in accordance with the laws and legal systems of each country where Aquedis LLC operates, respecting the specificities and legal requirements of each jurisdiction.

9.2. For issues related to personal data protection, the specific data protection laws of each country where the company operates will apply, including but not limited to the LGPD in Brazil, the GDPR in the European Union, and corresponding laws in other jurisdictions.

9.3. In case of conflict between different applicable laws, the law that provides the greatest protection to user rights shall prevail, subject to public policy limits and the sovereignty of each country where the company operates.

9.4. The courts of each country where the company operates shall have jurisdiction to resolve disputes arising from these terms, based on the user's location and the place where the services were provided or where the damage occurred.

9.5. The parties recognize and agree that international disputes may be submitted to competent international courts or internationally recognized arbitration chambers.

9.6. For disputes involving European Union member states, the provisions of the Brussels I Regulation (recast) on jurisdiction, recognition, and enforcement of judgments in civil and commercial matters shall apply.

9.7. For OHADA (Organization for the Harmonization of Business Law in Africa) member states, the provisions of the Uniform Act on Arbitration and the Arbitration Rules of the Common Court of Justice and Arbitration shall apply.

9.8. For Mercosur member states, the protocols and agreements on jurisdictional cooperation and recognition of foreign judgments in force among member states shall apply.

9.9. The user and the company may choose to resolve disputes through mediation or arbitration, with the choice of arbitration body considering factors such as the neutrality of the arbitration seat, the arbitrators' expertise in international law and the subject matter of the dispute, the efficiency of the procedure, and the costs involved.

9.10. The language of the arbitration proceedings shall be decided by mutual agreement between the parties, and multiple languages may be used when necessary to ensure the full exercise of the right to defense.

9.11. Provisions of these terms deemed illegal or unenforceable in a particular jurisdiction shall remain valid and enforceable in other jurisdictions to the fullest extent permitted by local law, applying the principle of preserving legal transactions.

9.12. The choice of jurisdiction and applicable law does not prevent the application of mandatory rules or public policy of the countries involved, especially those aimed at protecting consumer, user, and personal data rights.

9.13. The parties recognize the applicability of relevant international treaties and conventions to the subject matter of the dispute, including the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

9.14. In case of disputes involving multiple jurisdictions, the parties may agree on the most appropriate forum for resolving the dispute, considering factors such as the location of evidence, witnesses, and the enforceability of the decision.

9.15. The user acknowledges that the enforcement of foreign judgments shall be subject to the procedures for recognition or enforcement provided by the laws of each country where enforcement is sought.

9.16. The parties agree that electronic means may be used for arbitration or judicial proceedings, including virtual hearings and the submission of documents in digital format, respecting the procedural guarantees of each jurisdiction.

9.17. The costs related to dispute resolution procedures, including arbitration fees, arbitrators' fees, and administrative expenses, shall be shared between the parties as agreed or determined by the competent tribunal.

9.18. The company reserves the right to request interim or urgent measures from state courts before or during arbitration proceedings, without waiving arbitration.

9.19. The statute of limitations for filing claims shall be governed by the applicable law of each jurisdiction involved, with the most favorable rule to the user prevailing in case of conflict.

9.20. The parties commit to making their best efforts to resolve any disputes amicably before resorting to the formal dispute resolution mechanisms provided in these terms.

10. Contact

10.1. For questions, doubts, or clarifications regarding these terms and conditions, users may contact Aquedis LLC at support@osenhorio.app.

10.2. The response time for communications sent will be up to 5 business days, depending on the complexity of the issue and the volume of requests.

10.3. For urgent or specific matters, the following contact channels are available:

10.4. Official communications from the company to users will be sent to the email address registered on the platform. It is the user's responsibility to keep their contact information up to date.

10.5. The company will maintain a record of all communications for quality, security, and compliance purposes.

10.6. Support hours for responding to requests are Monday to Friday, from 8:00 AM to 6:00 PM (local time in each country of operation), except holidays.

10.7. Communications received outside of support hours will be considered received on the next business day.

10.8. The company provides support in the following languages: Portuguese, English, French, and Spanish, depending on the region of operation.

10.9. In case of security incidents or issues requiring immediate attention, the company will provide emergency contact channels, which will be duly communicated to users.

10.10. Aquedis LLC may establish additional communication channels, including online chat, phone, or in-person support, as its operations expand and user needs evolve.

Aquedis LLC · 5442 Ventura Blvd., Ste 201-784, Sherman Oaks, CA 91403, USA