Acceptance of Terms
By accessing, browsing, or otherwise using the website located at bhsoftwares.site (the "Website"), you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use ("Terms") and our Privacy Policy, which is incorporated herein by reference. These Terms constitute a legally binding agreement between you ("User", "you", or "your") and COTTA CONSULTORIA E DESENVOLVIMENTO DE SOFTWARES LTDA ("BH Softwares", "we", "us", or "our"), a company duly incorporated under the laws of the Federative Republic of Brazil, registered under CNPJ 28.442.160/0001-00.
If you do not agree with any part of these Terms, you must immediately cease using the Website. Access to certain areas or services of the Website may be subject to additional terms and conditions, which will be made available to you at the relevant point of access and are incorporated into these Terms by reference.
These Terms apply to all visitors, registered users, prospective clients, and any other person who interacts with the Website or its associated digital properties, regardless of the device or method used to access them.
If you are accessing the Website on behalf of a company, organization, or other legal entity, you represent that you have the authority to bind that entity to these Terms, and all references to "you" shall include that entity.
Use of the Website
The Website is intended solely for lawful purposes and in accordance with these Terms. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal or business informational purposes — that is, to learn about BH Softwares and its software development and consulting services, request contact, or engage with published content.
This license does not include the right to:
- Resell or commercially exploit any part of the Website or its content without our prior written authorization.
- Collect or harvest any personally identifiable information from the Website, including account names or contact data, except as expressly permitted.
- Use automated tools, bots, scrapers, crawlers, or data-mining software to extract, copy, or monitor any portion of the Website without our express written consent.
- Reproduce, duplicate, copy, sell, trade, or otherwise repurpose any portion of the Website for commercial gain beyond what is expressly permitted by these Terms.
- Access or attempt to access restricted areas of the Website, servers, or networks connected to the Website through unauthorized means.
- Frame, deep-link, or mirror any part of the Website on another domain without prior written permission from BH Softwares.
BH Softwares reserves the right to modify, suspend, or discontinue — temporarily or permanently — any part of the Website at any time, with or without notice. We will not be liable to you or any third party for any such modification, suspension, or discontinuation.
Access to the Website is provided "as is" and "as available". We do not guarantee uninterrupted or error-free availability. Scheduled maintenance, technical issues, or factors beyond our reasonable control may occasionally affect Website availability.
Intellectual Property
All content published on the Website — including but not limited to text, articles, blog posts, case studies, service descriptions, graphics, user interface design, logos, icons, photographs, audio clips, video content, and software code — is the exclusive property of COTTA CONSULTORIA E DESENVOLVIMENTO DE SOFTWARES LTDA or is used under license from its respective rights holders. This content is protected under Brazilian and international intellectual property law, including Federal Law No. 9.610/98 (the Brazilian Copyright Act) and Law No. 9.279/96 (the Industrial Property Act).
The BH Softwares name, logo, and any associated product or service marks are trademarks or trade names of COTTA CONSULTORIA E DESENVOLVIMENTO DE SOFTWARES LTDA. You may not use, copy, reproduce, distribute, modify, create derivative works from, transmit, display, perform, or otherwise exploit any of these marks or any other proprietary content from the Website without the prior written consent of BH Softwares.
Limited, non-commercial quotation of Website content is permitted provided that the source (bhsoftwares.site) is clearly attributed and the material is not altered. Such attribution does not imply endorsement of any kind by BH Softwares.
Any software, tools, or technology that BH Softwares develops for clients under a separate service agreement is governed by the intellectual property clauses of that specific contract, not by these Terms of Use. Nothing in these Terms transfers ownership of any intellectual property to any user or visitor of the Website.
User Conduct
You are solely responsible for all actions you take while using the Website and any content you submit, transmit, or share through any form, contact channel, or interactive feature available on the Website. You agree not to use the Website for any purpose that is unlawful, harmful, or prohibited by these Terms.
Specifically, you agree not to:
- Upload, post, transmit, or otherwise share any content that is false, defamatory, harassing, abusive, threatening, obscene, pornographic, or in violation of any third party's rights.
- Impersonate any individual, company, or legal entity, or otherwise misrepresent your identity or affiliation when communicating through the Website.
- Transmit unsolicited commercial messages (spam), chain letters, or any other form of mass, unauthorized communication via contact channels available on the Website.
- Introduce, upload, or transmit any viruses, malware, ransomware, spyware, Trojan horses, worms, or any other code designed to disrupt, damage, or gain unauthorized access to any system or data.
- Attempt to probe, scan, or test the vulnerability of the Website or any associated network or system, or to circumvent any security or authentication measures.
- Use the Website to collect personal data about other users or third parties without their knowledge and consent.
- Take any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure, as determined by BH Softwares at its sole discretion.
- Engage in any conduct that could harm the reputation, business interests, or goodwill of BH Softwares or any of its affiliates, employees, partners, or clients.
BH Softwares reserves the right — without prior notice — to restrict, suspend, or terminate your access to the Website if we reasonably believe you have violated these conduct standards or any applicable law. We may also report any unlawful activity to the relevant authorities.
Third-Party Links
The Website may contain hyperlinks to websites, content, or resources operated by third parties — including technology partners, industry reference sources, social media platforms, and tool providers referenced in our articles or service descriptions. These links are provided for your information and convenience only, and they do not constitute an endorsement, approval, or recommendation of those websites, their operators, their products, or any information or material they contain.
BH Softwares has no control over the content, privacy practices, or availability of third-party websites, and we accept no responsibility or liability for them. Before using any linked third-party website, you should review its own terms of use and privacy policy. The inclusion of any link does not imply that BH Softwares has reviewed or verified the accuracy, completeness, or reliability of information on such websites.
If you choose to access third-party websites linked from our Website, you do so entirely at your own risk. BH Softwares is not responsible for any loss or damage that may arise from your use of those external sites.
Any third-party service or tool that you engage as a result of information found on our Website — such as cloud platforms, API providers, or software subscriptions — is governed solely by the agreement between you and that third party. BH Softwares assumes no obligations or liabilities with respect to those independent transactions.
Disclaimer of Warranties
To the fullest extent permitted by applicable law, the Website and all content, information, materials, and services accessible through it are provided on an "as is" and "as available" basis, without warranty of any kind — whether express, implied, or statutory.
BH Softwares expressly disclaims all warranties of any nature, including but not limited to:
- Implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
- Warranties that the Website will be continuously available, uninterrupted, secure, or free from errors, bugs, or harmful components.
- Warranties regarding the accuracy, completeness, timeliness, reliability, or currency of any content published on the Website, including articles, technical guides, pricing indications, and case study data.
- Warranties that defects in the Website or its content will be corrected, or that the Website or the server that makes it available are free of viruses or other harmful components.
The content published on the Website is intended for general informational purposes only. It does not constitute professional legal, financial, technical, or business advice. You should consult qualified professionals before acting on any information obtained from the Website. BH Softwares does not warrant that the results of using the Website will meet your expectations or requirements.
Some jurisdictions do not allow the exclusion of certain warranties. In such cases, the above exclusions apply only to the maximum extent permitted under the laws of that jurisdiction.
Limitation of Liability
To the maximum extent permitted by applicable Brazilian law and any other applicable law, COTTA CONSULTORIA E DESENVOLVIMENTO DE SOFTWARES LTDA, its directors, officers, employees, agents, contractors, licensors, and service providers shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or in connection with your access to, use of, or inability to use the Website or its content, even if we have been advised of the possibility of such damages.
Without limiting the generality of the foregoing, BH Softwares specifically excludes liability for:
- Loss of revenue, income, profits, anticipated savings, goodwill, business opportunity, or data resulting from the use of or inability to use the Website.
- Any errors, omissions, inaccuracies, or interruptions in the content or availability of the Website.
- Unauthorized access to or alteration of your transmissions or data sent to or through the Website.
- Conduct or content posted or transmitted by any third party via interactive features of the Website.
- Any viruses, malware, or other technologically harmful material that may infect your equipment as a result of accessing the Website or any linked third-party website.
- Decisions made in reliance on information published on the Website.
In no event shall BH Softwares's total cumulative liability to you for all claims relating to the use of the Website exceed the amount of R$ 500,00 (five hundred Brazilian Reais), regardless of the form of the claim and whether based in contract, tort, negligence, strict liability, or otherwise. This limitation reflects a reasonable allocation of risk and is a fundamental element of the basis for the terms between the parties.
Nothing in these Terms shall limit or exclude BH Softwares's liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability that cannot lawfully be excluded or limited under Brazilian consumer protection law (Federal Law No. 8.078/90 — the Consumer Defense Code), to the extent applicable.
Indemnification
You agree to defend, indemnify, and hold harmless COTTA CONSULTORIA E DESENVOLVIMENTO DE SOFTWARES LTDA, together with its directors, officers, employees, agents, licensors, suppliers, successors, and assigns, from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and legal fees arising out of or relating to:
- Your violation of these Terms of Use, in whole or in part.
- Your use of the Website in a manner not expressly authorized by these Terms.
- Any content, data, or materials you submit, post, or transmit through the Website.
- Your infringement of any intellectual property right, privacy right, or other right of any third party.
- Your violation of any applicable law, regulation, or third-party right in connection with your use of the Website.
- Any misrepresentation made by you, including misrepresenting your authority to act on behalf of a company or other legal entity.
BH Softwares reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully with BH Softwares in asserting any available defense. Your indemnification obligation shall survive the termination or expiry of these Terms and your cessation of use of the Website.
Governing Law & Dispute Resolution
These Terms of Use and any dispute, controversy, or claim arising out of or in connection with them — including questions regarding their existence, validity, interpretation, performance, breach, or termination — shall be governed by and construed in accordance with the laws of the Federative Republic of Brazil, without regard to its conflict-of-laws principles.
The parties agree to submit to the exclusive jurisdiction of the courts of the judicial district of Belo Horizonte, State of Minas Gerais, Brazil, for the resolution of any dispute arising out of or in connection with these Terms or the use of the Website. This choice of jurisdiction does not limit BH Softwares's right to seek injunctive or other equitable relief in any court of competent jurisdiction where necessary to protect its intellectual property or confidential information.
Before initiating any formal legal proceeding, both parties agree to make a good-faith effort to resolve disputes amicably through direct negotiation. Any party wishing to raise a dispute should first send a written notice to the other party describing the nature of the claim and the desired resolution. The parties will have 30 (thirty) calendar days from receipt of that notice to attempt to reach an agreed resolution.
These Terms and the relationship between BH Softwares and its Website users shall also be subject to the applicable provisions of Brazilian Federal Law No. 12.965/2014 (the Marco Civil da Internet — the Civil Rights Framework for the Internet in Brazil) and Federal Law No. 13.709/2018 (the Lei Geral de Proteção de Dados — Brazil's General Data Protection Law), where those statutes are applicable to the processing of personal data or to civil liability arising from the use of internet services.
Changes to These Terms
BH Softwares reserves the right to review, revise, update, or replace any part of these Terms of Use at any time, at our sole discretion. We will indicate changes by updating the "Last updated" date displayed at the top of this page. For material changes — those that significantly affect your rights or obligations — we will take reasonable steps to provide more prominent notice, such as a banner notification on the Website's homepage or, where applicable, direct communication via email.
It is your responsibility to review these Terms periodically to remain informed of any updates. Your continued use of the Website following the posting of any revised Terms constitutes your acceptance of those changes. If you do not agree to the revised Terms, you must stop using the Website immediately.
We may also amend these Terms to reflect changes in applicable law, regulatory guidance, or our business practices. Amendments required by law will take effect as soon as they are published on the Website, or on any earlier date required by the relevant legal obligation. BH Softwares will not be liable to you or any third party for any modification to these Terms carried out in good faith.
Contact
If you have any questions, concerns, or requests relating to these Terms of Use, or if you wish to report a potential violation or exercise any rights you may have under applicable law, please contact us using the details below. We aim to respond to all inquiries within 5 (five) business days.
Registered company under the laws of the Federative Republic of Brazil. Operating under the trade name BH Softwares, providing software development and technology consulting services.