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Terms and Conditions

These terms and conditions (the "Terms") establish the rules for using the AYR app (the "AYR App").

These Terms constitute a binding agreement between CEiiA and the User, which regulates the User's access to the AYR App and the functionalities and activities accessible through such access. The AYR App is accessible through downloading the AYR App on IOS and Android operating systems from the Apple Store or Google Play for smartphones, tablets or any other smart devices compatible with it.

The Terms are supplemented by the Privacy Notice, available here.

The AYR App is owned by CEiiA – OCEANO E ESPAÇO (CEiiA, "we", "us" or "our"), a non-profit association with the unique tax identification number 504689878 and registered office at Avenida Dom Afonso Henriques, number 1825, 4450-017 Matosinhos.

"User" means the individual who accepts the Terms and accesses the AYR App. Only an individual who:

  • is at least 18 years of age;
  • has full legal capacity to subscribe to the Terms and understand all associated documentation;
  • provides the pre-contractual and contractual information requested by the AYR App truthfully and completely.

CEiiA reserves the right to, at any time and at its exclusive discretion, modify the Terms. Any changes will be communicated to the User in advance, and the User must accept them to continue using the AYR App. If the User does not accept the changes, CEiiA reserves the right to suspend the User's access to the AYR App. All accounts that have been suspended for more than 6 months will be deleted.

By accepting the Terms, the User acknowledges and declares that they have read, understood, and unreservedly agreed to them, acknowledging that they are subject to their full compliance in the use of the AYR App. If the User does not accept part or all of the Terms, they will not be able to access the AYR App.

Any User may download the AYR Application from the Apple Store or Google Play for smartphones, tablets or any other compatible smart devices. The User will have the option to register in the AYR App. To be able to register, the User needs to provide a valid phone number, which will be their username. It will also be necessary for the User to provide us, at least, their first name, last name, date of birth and email address. Other optional data may be requested, depending on the accessed services. For more information on which data is necessary to complete the registration, the User should check our Privacy Policy. Registration in the AYR App is necessary to access any functionality or activities promoted through its use.

During the registration process, the User must also choose a password, which must have at least 8 (eight) digits, including at least one number, one letter and one special character.

Both the username and password are personal and non-transferable, and the User must refrain from sharing them with third parties. The User should also be aware that using the same access credentials in other applications may significantly reduce their security level in the AYR App. If the User suspects that their password has been illicitly accessed by a third party, the User must immediately use the "recover password" option to reset it. For any additional support related to access credentials, the User may contact CEiiA through the contacts made available in these Terms.

The User guarantees that all data regarding their identity and legitimacy provided to CEiiA in the registration form of the AYR Application is true, accurate and complete. Additionally, the User assumes the obligation to update their personal data whenever necessary, using the "My profile" menu available in the AYR App.

The AYR App provides the User with the services that are accessible through its use at any given time, which may be subject to specific rules.

The User's registration does not represent any ownership of the User in favor of the User. To the maximum extent permitted by law, all rights related to registration and access permitted by such registration, except for the User's personal data, belong exclusively to CEiiA. By complying with these Terms by the User, CEiiA grants the User a limited, non-exclusive, non-sublicensable, revocable, inalienable license that allows: (i) access and use of the AYR App on the User's personal device solely in connection with the use of the features that are available at any given time; and (ii) access and use of any related content, information or materials that may be made available through the AYR App. Any rights not expressly granted in these Terms are reserved for CEiiA.

Access to the AYR App requires an Internet connection. The AYR App is not available offline. Therefore, the User should be aware that usage fees may apply depending on their mobile network operator (mobile data).

The AYR App may be periodically subject to updates. To avoid excessive mobile data consumption, we suggest that the User program their smartphone, tablet or any other smart device compatible with the AYR App to only allow the installation of updates when connected to Wi-Fi networks or fixed connections. However, CEiiA is not obligated to provide any updates or fixes to the AYR App.

Registration and use of the App are free of charge for the User.

The User acknowledges that the AYR App is exclusive property of CEiiA and that such rights are protected by intellectual property rights and by applicable trade secret laws. The User acknowledges and agrees without reservation that CEiiA is the exclusive and unconditional owner of any rights, titles or interests in the AYR App, including all intellectual property rights in the world (existing or future, original or subsequent, and regardless of whether they have been registered) arising from or in any way related to the AYR App.

These Terms do not grant the User any ownership rights in the AYR App, but only a revocable license to use it, which may be revoked by CEiiA at any time under the conditions set forth in these Terms. Nothing in these Terms may be construed as granting any right or authorization to the User to reproduce, copy, imitate, distribute, sell, publish, license, or otherwise use the trademarks, images, designs, sounds, trade dress, or any other intellectual property of CEiiA, in whole or in part, for their own benefit or for benefit of third parties.

Except as permitted by applicable law and strictly necessary for the intended legal purposes, the User may not copy, modify, create derivative works, compile or reverse engineer or extract source code from the software of the AYR App, nor may they sell, distribute, redistribute or sublicense the AYR App or the software or services of the AYR App.

The AYR App may contain links to third-party websites, such as social media sites. CEiiA has no control over such websites and is not responsible for the availability of such external sites. CEiiA does not endorse and is not responsible for the content, advertising, products, services, or other materials on or available from such third-party websites linked from the AYR App. The User's use of third-party websites is at their own risk and is subject to the terms and conditions and policies of such websites.

By downloading the AYR App and registering on it, the User will share personal data with CEiiA. The processing of User's personal data is done in accordance with the Privacy Notice. The User accepts that, without access to the personal data requested by the AYR App, it is not possible to access any functionalities or activities promoted through its use.

CEiiA will always seek to ensure the highest possible reliability and efficiency in the operation of the AYR App. However, to the maximum extent permitted by applicable law, the AYR App is provided "as is" and "as available" without CEiiA assuming any responsibility or any warranty with respect to the AYR App, any software or any data or content sent, transmitted or displayed by the AYR App, including:

  • any statement, warranty or obligation that the AYR App will have permanent and uninterrupted access, be secure or free from errors or viruses;
  • that the AYR App or AYR App software will be compatible with your device;
  • that the AYR App or AYR App software will be of marketable quality, suitable for a particular or corporate purpose;
  • that the AYR Application meets the legitimate expectations that the user may have created. To the maximum extent permitted by applicable law, the User waive any and all explicit or implicit statements, warranties and obligations that may arise from the use of the AYR App.

To the maximum extent permitted by applicable law, our total and joint liability for all claims in connection with these terms, regardless of the type of damage or loss, arising from any circumstances, shall be limited to €1,000.00 (one thousand euros).

To the maximum extent permitted by applicable law, we will not be liable for:

  • any damages or losses caused by:
    • any natural disaster such as floods, earthquakes, or epidemics;
    • any social event such as wars, riots, protests, or government actions;
    • any computer virus, malware, or other damage caused by malware or hackers;
    • any malfunction or failure of the AYR Application, its software, or the service it provides;
    • misuse or unauthorized use of the AYR App;
    • use of the AYR App that violates these terms;
    • any reasons that are beyond our reasonable foreseeability;
    • failure to save or back up any data or other content.
  • any loss or damage resulting from content, programs, or services provided by third parties, including, but not limited to, partner services;
  • any loss or damage that is not due to foreseeable damage or loss, indirect, special, consequential, exemplary, or punitive with respect to the AYR App.

Nothing in these Terms limits or excludes any of the following liabilities, except to the extent that such liabilities may be waived, limited, or excluded under applicable laws:

  • any liability for fraud;
  • any liability for negligence that causes death or personal injury;
  • any liability for gross negligence or willful misconduct;
  • any other liability to the extent that such culpability cannot be waived, limited, or excluded under applicable regulations and laws.

Notwithstanding any other provisions of these Terms, nothing in them limits or excludes any mandatory legal right of the applicable jurisdiction (including any rights determined by consumer protection laws), to the extent that such legal rights cannot be excluded or eliminated by agreement between the parties.

The User agrees to indemnify CEiiA against any claim, lawsuit, action, damage, debt, loss, cost, expense (including litigation costs and attorney fees), and liability resulting from their use of the AYR App in violation of the provisions of these Terms or applicable law, as well as the violation of any third-party rights to which CEiiA must respond.

In the event of an occurrence or circumstance outside of CEiiA's reasonable control ("Force Majeure Event"), CEiiA will not be liable, nor shall be responsible for any failure or delay in performance of any of its obligations under these Terms.

Force Majeure Event means any act or omission, or event or accident, beyond the control or reasonable control of CEiiA, including in particular (but not limited to) the following:

  • labor disputes with consequences for CEiiA's activity, such as strikes or lockouts;
  • state of war, declared or not, rebellions or riots;
  • natural disasters, such as fires, floods, and earthquakes;
  • impossibility of using public or private transportation, such as rail, sea, air, or road transport;
  • impossibility of using or cuts to public or private communications;
  • acts, resolutions, legislation, regulation, or restrictions imposed by public authorities with competence for the purpose;
  • situations of danger to human health, such as pandemic or epidemic.

CEiiA's performance of these Terms shall be suspended while the Force Majeure Event persists, and, to that extent, CEiiA's time for performance of these Terms shall also be suspended while the Force Majeure Event lasts. CEiiA will use reasonable efforts to resolve the Force Majeure Event or to find a solution by which CEiiA's obligations under these Terms can be performed despite the Force Majeure Event.

The User may, at any time and for any reason, cancel their registration on the AYR App through the "My Profile" option.

If the User wishes, upon closing their registration, to have all their data erased, they must send us a specific request to that effect in accordance with our Privacy Notice through our contact form. However, the User accepts that CEiiA may have to retain some personal data in accordance with applicable laws or for legal defense.

CEiiA may, at any time, terminate the User's registration or, by any other means, prevent their access as a registered User to the AYR App if:

  • it is necessary to carry out maintenance actions on the AYR App;
  • it is necessary for reasons of security and integrity of the AYR App;
  • the User does not use the AYR App for more than 12 (twelve) months;
  • the use of the AYR App or Service by the User may create risk for us or for other users of the AYR App, represent a potential threat of claims by third parties against us, or be potentially harmful to our reputation;
  • to the extent permitted by law, for any other reason and in accordance with our exclusive and absolute discretion.

Whenever possible, CEiiA will notify the User in writing in advance of the termination of their access to the AYR App.

For any additional information or question related to these Terms, the User should preferably contact us through our contact form, and CEiiA will try to respond within a maximum period of 48 (forty-eight) business hours whenever possible.

The invalidity of any provision of these Terms (or parts of any provision) shall not affect the validity or enforceability of any other provision (or remaining parts of such provision). If a court decides that we cannot enforce any part of these Terms, we may replace the affected provision with a similar provision to the extent enforceable under applicable law, without altering the remaining provisions.

Failure or delay in enforcing any provisions of the Terms shall not be construed as a waiver of any rights under such provisions. Any rights and obligations arising from these Terms that, by their nature, should subsist, including, among others, obligations regarding the liability of the parties, or indemnities (if any) given by the respective parties, shall remain in force after the termination or expiration of these Terms, particularly those relating to CEiiA's Intellectual Property Rights and Trade Secrets.

The User may not delegate, assign or transfer these Terms or any rights or obligations under them, in any way, without our prior written consent. However, we may freely assign or transfer these Terms or our rights and obligations under them, in whole or in part, without the User's consent and without prior notice. However, we may freely assign or transfer these Terms or our rights and obligations under them, in whole or in part, without the User's consent and without the need for prior notice. We may freely subcontract any part of our obligation to comply with the Terms at any time without the User's prior consent and without requiring any prior notice to that effect.

To the maximum extent permitted by law, these Terms will be interpreted in accordance with Portuguese law.

As a consumer, the User may bring any legal proceedings related to these Terms before the competent court of their place of residence or the competent court of CEiiA's headquarters in Matosinhos. If not acting as a consumer, the User accepts that the competent jurisdiction shall be the court of Matosinhos, expressly waiving any other.

CEiiA will only respond to arbitrations to which it is legally bound, and in particular:

  • to the necessary arbitrations in consumer disputes of reduced economic value (< €5,000.00), under Law No. 63/2019, of August 16;
  • to arbitrations initiated by consumers within the scope of the European online dispute resolution platform.

More than just an app.

It's a tool to build a carbon-zero  world.

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