1. Definitions
For the purposes of these Terms of Use, the following terms shall have the meanings set out below. The “Publisher” means THE DAILY OUTDOOR, LDA – DAILY&CO, a Portuguese company registered under number PT515281050. The “Platform” means the SaaS solution DOXAP / DATA BRIDGE, enabling product data orchestration, transformation and synchronization. The “User” means any natural or legal person holding an account on the Platform. The “Client” means the legal entity that has entered into a commercial agreement with the Publisher. “Data” means all information, files and flows imported or generated by the User. “Services” means the features offered by the Platform, including catalog management, normalization, price and stock synchronization, media orchestration and monitoring tools.
2. Purpose
These Terms of Use set forth the rights and obligations of the Publisher and the User in connection with access to and use of the Platform. Any use of the Platform constitutes full acceptance of these Terms.
3. Access and Security
Access to the Platform requires the creation of a personal account. Credentials provided are personal, confidential and non-transferable. The User is solely responsible for any use of their credentials and must immediately notify the Publisher in case of loss or compromise. The Publisher implements all reasonable security measures to ensure confidentiality and protection of access in line with industry standards.
4. Available Services
The DOXAP / DATA BRIDGE Platform enables the User to collect, transform and harmonize product data from multiple sources, to synchronize catalogs, prices and availability in real time or on a scheduled basis, to orchestrate media associated with products, and to control quality and traceability of flows through monitoring and alerting tools. The Publisher reserves the right to modify or enhance the Services, subject to prior notice to the Client.
5. Obligations of the Parties
The Publisher undertakes to provide access to the Platform under a duty of care, to ensure availability and security in line with industry standards, and to notify the User in case of major incidents. In return, the User undertakes to provide accurate, lawful and compliant Data, not to attempt to alter the functioning of the Platform, to use the Services in compliance with third-party rights, and to settle all fees owed under their subscription.
6. Intellectual Property
The Platform, its source code, interfaces and documentation are and shall remain the exclusive property of the Publisher. No rights are transferred to the Client or the User, who only receive a personal, non-exclusive and non-transferable right to use the Platform. The User retains full ownership of the Data they import or generate through the Platform.
7. Personal Data
In connection with the use of the Platform, personal data may be processed. The Publisher acts as a processor within the meaning of the GDPR and provides a Data Processing Addendum (DPA) available at: https://doc.doxap.io/contract/Data_Processing_Addendum_EN.pdf. The Client and the User remain responsible for the legality and compliance of the Data entered into the Platform.
8. SLA and Availability
The Publisher undertakes to maintain an annual uptime of 99.5%, excluding scheduled maintenance. Technical support is available during business hours (CET). Critical incidents reported by the User will be handled diligently and responded to within 24 business hours.
9. Liability
The Publisher’s liability shall only be incurred for direct damages, proven and attributable to its fault, and shall be limited to the amounts actually paid for the Services during the last twelve months. Any liability for indirect losses, including loss of revenue, damage to reputation or loss of data, is expressly excluded. The User shall indemnify the Publisher against any third-party claims related to the Data they provide or use via the Platform.
10. Suspension and Termination
In the event of a serious breach of these Terms, the Publisher reserves the right to immediately suspend the User’s access to the Platform. If the breach is not remedied within a reasonable time following notification, the Publisher may permanently terminate access, without compensation. The User may terminate their account at any time, subject to payment of any outstanding fees.
11. Confidentiality
The Parties undertake to maintain as strictly confidential all technical, commercial and strategic information exchanged in connection with the use of the Platform. This obligation shall continue for two years after the end of use.
12. Force Majeure
The Publisher shall not be held liable in the event of force majeure under Portuguese law, covering any unforeseeable, irresistible and external event making performance of the Services impossible.
13. Amendments
The Publisher reserves the right to amend these Terms at any time. The new versions will be notified to Users and shall take effect upon publication. Continued use of the Platform shall constitute acceptance of the amended Terms.
14. Governing Law and Jurisdiction
These Terms are governed by Portuguese law. Any dispute relating to their interpretation or performance shall be submitted to the exclusive jurisdiction of the Court of Lisbon, Portugal.