Terms of Service

Agreement to Terms

Welcome to Nimbus Tract. These Terms of Service govern your use of our website and services. By accessing or using our website, you agree to be bound by these terms.

If you do not agree with any part of these terms, please do not use our website or services.

Effective Date: November 2024

Our Services

Nimbus Tract provides strategic marketing services including:

Brand strategy and rebranding project management
Internal communications support and development
Brand architecture consulting and portfolio organization
Related marketing consultation and advisory services

Specific service details, deliverables, timelines, and fees are outlined in individual service agreements with clients.

Acceptable Use Policy

Permitted Uses

You may use our website and services for:

Learning about our services and approach
Contacting us for inquiries or consultation requests
Accessing resources we make publicly available
Engaging with our content in good faith

Prohibited Activities

You agree not to:

Use our services for any unlawful purpose or in violation of any applicable laws
Interfere with or disrupt the operation of our website or servers
Attempt to gain unauthorized access to our systems or user accounts
Transmit viruses, malware, or other harmful code
Harvest or collect information about other users without consent
Impersonate any person or entity or misrepresent your affiliation
Use automated systems to access the website without our permission
Reproduce, duplicate, or copy content without authorization

Website Access

Access Rights

We grant you a limited, non-exclusive, non-transferable right to access and use our website for its intended purposes. This right can be revoked at any time if you violate these terms.

Availability

While we strive to maintain continuous access to our website, we do not guarantee uninterrupted availability. We may suspend access for maintenance, updates, or other operational needs without prior notice.

Account Security

If we provide you with account credentials for any purpose, you are responsible for maintaining their confidentiality and for all activities that occur under your account. Notify us immediately of any unauthorized use.

Service Availability and Modifications

Service Changes

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time. We will make reasonable efforts to notify affected clients of significant changes.

Uptime and Maintenance

We strive to maintain high availability but do not guarantee any specific uptime percentage. Scheduled maintenance will be performed during low-traffic periods when possible.

Feature Updates

We may add new features, change existing features, or remove features from our services. Such changes do not constitute a breach of these terms.

Intellectual Property Rights

Our Content

All content on our website, including text, graphics, logos, images, and software, is owned by Nimbus Tract or our licensors and is protected by copyright, trademark, and other intellectual property laws.

Your Content

When you submit content to us (through contact forms, communications, etc.), you grant us a license to use that content for the purposes of providing our services and improving our offerings.

License to Use

You may view and use our publicly available content for personal, non-commercial purposes. Any other use requires our prior written permission.

Trademarks

Our name, logo, and related marks are our trademarks. You may not use these marks without our express written consent.

Third-Party Services and Links

Our website may contain links to third-party websites or services. We are not responsible for the content, privacy practices, or terms of service of these third parties.

Your use of third-party services is at your own risk and subject to their terms and conditions. We do not endorse or make representations about third-party services.

Disclaimers and Limitations

Our website and services are provided "as is" without warranties of any kind, either express or implied. To the fullest extent permitted by law, we disclaim all warranties, including:

Warranties of merchantability or fitness for a particular purpose
Warranties of accuracy, completeness, or reliability of content
Warranties that the website will be error-free or uninterrupted
Warranties that defects will be corrected

We do not warrant that our services will meet your specific requirements or expectations. Your use of our services is at your sole risk.

Limitation of Liability

To the maximum extent permitted by applicable law, Nimbus Tract and its directors, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from:

Your use of or inability to use our website or services
Any unauthorized access to or use of our servers
Any interruption or cessation of transmission to or from our services
Any bugs, viruses, or similar items transmitted through our services
Any errors or omissions in content
Any loss of data or profits arising from your use of our services

Our total liability for any claims under these terms shall not exceed the amount you paid us for services in the twelve months preceding the claim.

Indemnification

You agree to indemnify, defend, and hold harmless Nimbus Tract and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of our services, your violation of these terms, or your violation of any rights of another party.

Termination

We reserve the right to terminate or suspend your access to our website and services at any time, with or without notice, for any reason, including violation of these terms.

Upon termination, your right to use our services will immediately cease. Provisions that by their nature should survive termination will remain in effect.

Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of Brazil, without regard to conflict of law principles.

Any disputes arising from these terms or your use of our services shall be subject to the exclusive jurisdiction of the courts in São Paulo, Brazil.

Dispute Resolution

In the event of any dispute or disagreement arising from these terms, we encourage you to contact us first to seek an informal resolution. We are committed to working with you to find a mutually acceptable solution.

If we cannot resolve a dispute informally, either party may pursue formal legal remedies in accordance with the governing law section above.

General Provisions

Entire Agreement

These Terms of Service, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and Nimbus Tract regarding your use of our services.

Severability

If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

Waiver

Our failure to enforce any right or provision of these terms shall not constitute a waiver of that right or provision.

Assignment

You may not assign or transfer these terms or your rights under them without our prior written consent. We may assign these terms without restriction.

Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or governmental actions.

Changes to These Terms

We reserve the right to modify these Terms of Service at any time. We will notify users of material changes by posting the updated terms on this page with a new effective date.

Your continued use of our services after such changes constitutes your acceptance of the modified terms. If you do not agree to the modified terms, you should discontinue use of our services.