Terms of Service
Effective as of August 27, 2026
This English text is a translation provided for convenience only. In the event of any discrepancy, the Portuguese version shall prevail.
These Terms govern the engagement of the services provided by the company identified below, referred to as the PROVIDER, by any individual or legal entity that engages those services, referred to as the CLIENT.
1. Services provided
The PROVIDER offers information technology services within the scope of its corporate purpose:
- Custom software development: web systems, system integrations, automations, customer service bots, admin dashboards and data processing routines, built according to a specific proposal.
- Information technology consulting: infrastructure analysis, solution architecture, security review and technical recommendations.
- Technical support and maintenance: bug fixes, enhancements, monitoring and ongoing oversight of systems already delivered, according to the plan purchased.
- Resale of computer equipment and software, when expressly included in the proposal.
Each engagement includes only what is stated in the commercial proposal accepted by the CLIENT. Nothing outside the proposal is part of the engagement, even if it was mentioned in a conversation, meeting or message.
2. Proposal, acceptance and formation of the contract
Each project begins with a written proposal setting out the scope, price, payment terms and timeline. The contract is formed when the CLIENT accepts the proposal in writing, by any traceable means (email, message, electronic signature), or when the CLIENT makes the first payment. The proposal is valid for 15 calendar days, unless a different period is stated in it.
If the parties have signed a specific contract, that contract prevails over these Terms to the extent of any conflict. On any matter the contract does not address, these Terms apply.
3. Prices, currency and payment
- All amounts are stated in Brazilian reais (BRL) and do not include taxes that the CLIENT is required to withhold at source, where applicable.
- Billing may be per project (a fixed price, usually paid in installments split between a down payment and deliveries), per technical hour or monthly recurring (support and maintenance), as set out in the proposal.
- The accepted payment methods are stated in the proposal and may include PIX (Brazil's instant payment system), boleto (Brazilian bank payment slip) and credit card processed by a payment processor engaged by the PROVIDER.
- Card payments are processed by a specialized provider. The PROVIDER does not store card data on its systems.
- On card statements, the charge appears as TI & AFINS TECNOLOGIA. If you have any question about a charge, please contact the PROVIDER at contato@tieafins.com.br before disputing it with your card issuer.
- Recurring contracts are billed in advance, on the same day each month, and continue until either party requests cancellation as provided in clause 9.3.
- Contracts lasting more than twelve months may be adjusted annually by the change in the IPCA (Brazil's official consumer price index) over the period, or by any index that replaces it.
4. Timelines and schedule
Timelines are set out in the proposal and are counted in business days, starting on the first business day after acceptance and after receipt of everything that clause 5 requires from the CLIENT, whichever occurs last.
The timeline is suspended while the PROVIDER is waiting for materials, access, information, approval or payment owed by the CLIENT, and resumes once the pending item is resolved. A delay caused by the CLIENT, by a third party engaged by the CLIENT or by an unavailable external service does not constitute a delay by the PROVIDER.
5. CLIENT obligations
To enable the service to be performed, the CLIENT agrees to:
- Provide the necessary access, credentials, accounts, permissions and environments in a timely manner;
- Provide the content, data, text, images and documents for which it is responsible, and ensure that it holds the rights to them;
- Designate a person responsible for project decisions and approvals;
- Respond to requests for approval and information within 5 business days;
- Keep current any third-party service accounts needed for the solution to operate, such as hosting, domain, cloud providers and paid APIs, when those accounts are in the CLIENT's name;
- Use the solution for the purpose for which it was engaged and in accordance with applicable law.
The CLIENT is solely responsible for the lawfulness and accuracy of, and the processing of, the data it enters into the solution or instructs to be processed by it.
6. Scope changes
A request for any feature, screen, integration, report or behavior that is not in the accepted proposal constitutes a scope change. In that case, the PROVIDER submits a separate quote and timeline, and work begins only after written acceptance. A scope change does not reduce or replace what has already been contracted, and may affect the schedule for the remainder of the project.
7. Delivery, testing and acceptance
When a phase is completed, the PROVIDER gives notice of delivery and makes the result available for review. The CLIENT has 7 business days to test it and to report, in writing and with specifics, any defect or deviation from what was contracted.
If that period ends without a written response, or if the solution is used in a production environment, the delivery is deemed accepted. Any later reports will be handled as a scope change (clause 6) or under the warranty (clause 8), as applicable.
8. Warranty
For a period of 90 calendar days from acceptance of each delivery, the PROVIDER warrants that it will correct, at no additional cost, any functional defect in work it developed itself, provided that the defect is reproducible and is reported in writing within that period.
The warranty does not cover:
- Changes in requirements, new features or adjustments based on preference;
- Changes made to the code, server or configuration by a third party, by the CLIENT itself or by an automated tool;
- Failures, rule changes, API changes, price increases, or account suspensions or bans on third-party services;
- Problems caused by use outside the contracted purpose, by incorrect data supplied by the CLIENT or by an environment that does not meet the stated requirements;
- Failures resulting from the CLIENT not having purchased maintenance, when the solution depends on periodic updates for security or compatibility reasons.
There is no guarantee of business results. The PROVIDER warrants the technical operation of what it delivered, not revenue, number of customers, search engine ranking, social media reach, approval by a government agency or any other outcome that depends on third parties or the market.
9. Cancellation, withdrawal and refunds
9.1 Right of withdrawal
A CLIENT who is an individual and who enters into the engagement outside a business establishment, online or by telephone, may withdraw within 7 calendar days of acceptance, under Article 49 of Brazil's Consumer Protection Code (CDC), and receive a full refund of the amount paid. If performance begins within that period at the CLIENT's express request, an amount proportional to the work already performed will be deducted.
In business-to-business engagements, the Consumer Protection Code does not apply, and cancellation is governed by item 9.2.
9.2 Cancellation of a project in progress
The CLIENT may cancel at any time by giving written notice. In that case:
- Payment is due for phases already delivered and for hours already worked on the current phase, as documented in a report;
- Payment is due for third-party costs already incurred that are non-refundable (licenses, domains, cloud services, equipment purchased at the CLIENT's request);
- Any remaining balance that was paid but not yet performed is refunded to the CLIENT within 15 business days, using the same payment method whenever possible.
9.3 Cancellation of a recurring service
Support and maintenance plans may be canceled at any time, in writing, effective at the end of the monthly cycle already paid. There is no cancellation fee or minimum commitment, unless the proposal expressly provides for a special condition tied to a minimum term. The current month is not refunded, because the service remains available throughout the entire period.
9.4 Equipment
Equipment sold is covered by the manufacturer's warranty and by the exchange policy provided for in the Consumer Protection Code. A return under the right of withdrawal requires the product to be unused, in its original packaging and with all accessories.
10. Suspension and termination for nonpayment
If a payment is late, the PROVIDER will notify the CLIENT and may suspend the service starting 10 calendar days after the due date, resuming it once the account is brought current. After 30 days of delay, the contract may be terminated, and the CLIENT remains liable for the amounts corresponding to work already performed.
Suspension for nonpayment is not an improper interruption of service and does not give rise to any obligation to pay damages.
11. Intellectual property
Intellectual property is divided into two layers, and this division is a condition of the contract:
- The CLIENT's specific deliverables. The source code, database, layout and text produced exclusively for the CLIENT's project become the CLIENT's property upon payment in full of the contracted amount. Until then, the PROVIDER retains ownership, and the CLIENT's use is conditioned on full payment.
- The PROVIDER's tooling. Libraries, components, templates, scripts, reference architecture, internal automations and technical know-how that predate the project or are of general use remain the property of the PROVIDER. The CLIENT receives a perpetual, non-exclusive, non-transferable license to use these elements, solely to the extent necessary to operate the delivered solution. This does not prevent the PROVIDER from reusing them in other projects.
Third-party software and open source code embedded in the solution are subject to the licenses of their respective owners.
The PROVIDER may mention the CLIENT's name and a general description of the work in its portfolio, unless the CLIENT requests otherwise in writing. No confidential data, figures or information of the CLIENT will be disclosed.
12. Confidentiality
Each party agrees to keep confidential any information of the other party to which it has access by reason of the contract, and not to use it for any purpose other than performing the service. This duty of confidentiality continues for 5 years after the end of the contract. It does not cover information that is public, information already known before the contract, or information whose disclosure is required by law or by order of an authority.
13. Third-party services
Some solutions depend on services operated by third parties, including cloud and hosting providers, messaging platforms, email providers, social networks, payment gateways, artificial intelligence services and government agencies that make data available.
The PROVIDER does not control these services. Unavailability, slowness, changes in rules or APIs, price changes, new requirements, or account blocks or bans on their part do not constitute a breach by the PROVIDER and do not give rise to any obligation to refund or pay damages. When such an event requires changes to the solution, the corresponding work is treated as a scope change.
14. Limitation of liability
The PROVIDER is liable for direct damages that it is proven to have caused through fault in performing the service, up to the total amount actually paid by the CLIENT in the 12 months preceding the event.
The PROVIDER is not liable for lost profits, lost revenue, lost business opportunities, reputational harm, indirect damages, damages caused by acts of third parties or by failures of third-party services, or for data loss when no backup routine has been contracted and maintained under its responsibility.
Backups are the CLIENT's responsibility, unless expressly contracted as a service.
These limitations do not apply to willful misconduct, and do not override rights that the law guarantees to individual consumers on a non-waivable basis.
15. Data protection
The processing of personal data is described in the Privacy Policy, which forms part of these Terms. When the PROVIDER processes personal data on behalf of the CLIENT, it acts as processor and the CLIENT as controller, and the CLIENT is responsible for defining the purpose of the processing, the legal basis and the instructions, under Brazil's General Data Protection Law (LGPD, Law No. 13,709/2018).
16. Changes to these Terms
These Terms may be changed at any time by publishing the new version on this page and updating the effective date. For contracts in progress, the applicable version is the one in effect on the date the proposal was accepted, unless a change is required by law.
17. Notices
Formal notices between the parties are given by email, to the address stated in the proposal and to contato@tieafins.com.br. A notice sent to the email address on file is deemed received, and each party is responsible for keeping its address up to date.
18. Jurisdiction
These Terms are governed by Brazilian law. The courts of the judicial district of Fortaleza, Ceará, are chosen to resolve any disputes, to the exclusion of any other. A CLIENT who is an individual consumer retains the legal option of bringing suit in the courts of his or her place of residence.