These Terms govern the use of the Teleperitagens platform (the "Platform") and of the teleperitagens.pt website (the "Site"). The Platform is intended for professionals and businesses: inspection firms, insurers and equivalent entities.

1. Identification of the provider.

CloudWorks, Lda
NIPC: PT513268367
Registered office: Rua Florbela Espanca, 139 · 4470-296 Maia
Contact: ola@teleperitagens.pt

Hereinafter "Teleperitagens", "we" or the "Provider".

2. Acceptance and scope.

By creating an account, logging in or using the Platform, the User declares that they have read and accept these Terms and the Privacy Policy. Anyone accepting on behalf of a company declares that they have the authority to bind it. The Platform is not intended for consumers or for persons under 18 years of age.

3. The service.

The Platform allows remote inspections to be carried out by video call: the expert schedules the session, the claimant receives a link by SMS or email and takes part from their mobile phone, without installing any application. The Platform records photographs, video, measurements and notes, and issues a PDF report. It also includes team management, the inspection firm's own branding (workspace), custom fields, an API and webhooks.

The Provider may improve, change or withdraw features. Changes that materially reduce the service contracted will be notified with reasonable advance notice.

4. Account and security.

• The User provides truthful and current data and keeps it up to date.
• Credentials are personal. The User is responsible for the activity carried out with their account and must notify us without delay of any unauthorised use.
• The Owner of a workspace manages the members and permissions and is answerable for the use their team makes of the Platform.
• We recommend enabling two-step authentication.

5. Credits and payment.

• The Platform operates on prepaid credits: tele-inspection credits and SMS credits. There is no subscription or monthly fee.
• The applicable prices are those shown on the Platform at the time of purchase, in euros and excluding VAT, which is added at the legal rate in force. Payment is made by card through Stripe.
• Each scheduled tele-inspection reserves one credit, which is consumed when the claimant joins the session and returned if the session is cancelled or expires before it starts.
• Credits do not expire. Credits purchased are non-refundable, without prejudice to any rights conferred by mandatory law.
• Where agreed in writing, the Provider may grant a credit limit with subsequent invoicing, under the terms of that agreement.
• The Provider issues an invoice for each purchase.

6. Acceptable use.

The User undertakes to:

• Use the Platform in compliance with the law, including data protection rules and rules on image and sound recording.
• Ensure that they have a legitimate basis to process claimants' data and to invite them to the session.
• Not attempt to access areas or data of other customers, nor circumvent limits, authentication or security controls.
• Not carry out intensive scraping, load testing or denial-of-service attacks without prior written agreement.
• Not upload unlawful or malicious content, nor use the Platform to send unsolicited messages.
• Store API keys securely and revoke them if a leak is suspected.

The Provider may suspend access, in a proportionate manner, in the event of a serious breach or a risk to the security of the Platform, notifying the User whenever possible.

7. Customer data.

Inspection data (claimants, photographs, videos, recordings, reports) belongs to the customer. In respect of that data, the customer is the controller and Teleperitagens acts as processor, under Article 28 of the GDPR and the data processing agreement included in these Terms. Teleperitagens processes it only to provide the service and in accordance with the customer's instructions.

The customer is responsible for informing claimants, for obtaining the consents required by law and for deciding what to record. The Platform presents the claimant with a consent screen before the session and records their acceptance.

By default, completed sessions, together with their files and reports, are permanently deleted 90 days after they end. The customer is responsible for exporting what it needs to keep before that date.

8. Intellectual property.

The Platform, the Site, the trademarks, the code and the graphic design are the property of CloudWorks, Lda or used under licence. For as long as the account is active, the customer receives a non-exclusive, non-transferable and revocable right to use the Platform. The customer retains all rights over its content and its brand, and grants the Provider the licence strictly necessary to provide the service.

9. Availability and support.

We work to keep the Platform available, but we do not guarantee uninterrupted or error-free operation. There may be scheduled maintenance and supplier outages. The quality of the video call also depends on the claimant's connection and mobile phone. Support is provided through ola@teleperitagens.pt and the request form within the Platform.

10. Limitation of liability.

To the maximum extent permitted by law, the Provider is not liable for indirect damages, loss of profits, loss of opportunity or loss of data attributable to third parties, force majeure or misuse by the customer. The Provider's total liability to each customer, for events occurring in a period of 12 months, is limited to the amount paid by the customer in that period.

The inspection report and the conclusions it contains are the responsibility of the expert and the customer. The Provider supplies the tool and does not assess the technical merit of the inspections.

These limitations do not exclude liabilities that mandatory law does not permit to be excluded, including for wilful misconduct or gross negligence.

11. Term and termination.

The contract remains in force while the account is active. The customer may close it at any time. The Provider may terminate it with 30 days' notice, or immediately in the event of a serious breach, without prejudice to what is provided on credits in clause 5. After termination, data is deleted within the periods set out in the Privacy Policy, and the customer may first request the export of what belongs to it.

12. Processors and data processing agreement.

For inspection data, the customer gives the Provider general authorisation to use the processors listed in the Privacy Policy, whom we will bind by contract to equivalent obligations. We inform customers by email of changes to the list, to which they may object on reasonable grounds. The Provider:

• processes the data only on the customer's documented instructions, which these Terms and the use of the Platform constitute;
• ensures that the persons authorised to process the data are bound by confidentiality;
• applies the security measures described in the Privacy Policy;
• assists the customer in responding to data subject requests and in complying with the duty of notification, and notifies without undue delay any data breach that affects it;
• deletes or returns the data at the end of the service, within the periods stated here;
• makes available the information necessary to demonstrate compliance with Article 28 of the GDPR and allows reasonable audits, on prior notice.

If the customer needs a separately signed data processing agreement, write to us.

13. Changes to the Terms.

We may change these Terms. Material changes are notified by email or on the Platform at least 30 days in advance. The version in force is always at teleperitagens.pt/en/terms. If the customer does not agree, they may close the account before the change takes effect.

14. Final provisions.

The invalidity of one provision does not affect the others. These Terms, the Privacy Policy and any conditions agreed in writing constitute the entire agreement between the parties.

15. Governing law and jurisdiction.

These Terms are governed by Portuguese law. For the resolution of any dispute, the parties choose the courts of the District of Porto, waiving any other. A user who is a consumer retains the right to resort to the competent courts and consumer alternative dispute resolution bodies, as well as to the European online dispute resolution platform.