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This agreement shall be governed by the clauses, conditions, and annexes throughout this document, all entered into by (1) INFINITE COMPUTAÇÃO EM NUVEM LTDA – ME, and (2) the BUYER of its respective services, namely:

(1) INFINITE, or CONTRACTOR, a company headquartered in the city of Santa Cruz de Minas, State of Minas Gerais, Brazil, at Rua Sete de Setembro, nº 481 - CEP 36328-000, registered with CNPJ/MF under nº 26.407.618/0001-64.

(2) INDIVIDUAL or LEGAL ENTITY identified in INFINITE’s electronic database.

DEFINITIONS

The words and terms below, which will be repeated throughout this Agreement, have the following definitions:

  • SUBSCRIPTION PLAN(S): Services, content, products, and/or licenses ("Resources") marketed by INFINITE, with monthly, quarterly, semi-annual, or annual periodicity and specific characteristics, as described on the Offer page acquired by the BUYER or as informed at the time of contracting.
  • MANAGED SUPPORT: Support within the client’s application, i.e., in the software/application used by the client.
  • INFRASTRUCTURAL SUPPORT: Structural support, encompassing the virtual machine, WAF, and INFINITE GeoDNS.
  • OFFICIAL STORE: INFINITE’s website and/or management panel.
  • UPTIME: Period of time online, with full infrastructural functionality.
  • UPGRADES: Increase in plan(s) or resource(s).
  • DOWNGRADES: Decrease in plan(s) or resource(s).
  • CPU: Central processing unit, measured in GHz.
  • PAGE VIEWS: Page views, regardless of whether they come from the same visitor.
  • WAF: Protection service used to enhance the security of websites and applications against hacker attacks.

CLAUSE ONE - PURPOSE

1.1. INFINITE shall provide the BUYER with the content and/or service and/or license and/or product for the period and in accordance with the contracted Plan, subject to the specific terms of use set forth in this agreement.

1.2. The Plan(s) may be contracted through the store available on INFINITE’s website.

CLAUSE TWO - LOGIN AND PRIVATE PASSWORD

2.1. The BUYER shall create or designate a name ("Login") and a confidential private password, which will serve as their identification and access key for using INFINITE’s store. The BUYER may change the private password at any time, being solely and fully responsible for it.

2.2. The BUYER is responsible for appropriately choosing the Login, ensuring it does not violate current legislation, mislead third parties, infringe third-party rights, represent predefined Internet concepts, consist of offensive or abusive language, or symbolize acronyms of states, ministries, or other prohibitions. The BUYER shall be liable for any misuse, both civilly and criminally, as applicable.

2.3. The Login and private password are non-transferable and may not be subject to any type of commercialization or assignment of use. The BUYER assumes full and exclusive responsibility for them, without any joint liability on the part of INFINITE.

2.4. In case of improper use of the Login or private password by the BUYER or third parties, INFINITE may terminate this Agreement without prior notice, without any obligation to indemnify or reimburse the BUYER or third parties.

2.5. INFINITE may only change the identification and access key during migration procedures or upon a formal request in the technical support area by the BUYER, after submitting legal documents proving their identity. In all other cases, the BUYER must access INFINITE’s store and change it themselves through the password recovery form.

CLAUSE THREE – REGISTRATION DATA

3.1. The BUYER shall provide INFINITE with all necessary data for registration, committing to provide true, accurate, current, and complete information about themselves, being civilly and criminally liable for such information.

3.1.1. The BUYER acknowledges that the use of false, invalid, incorrect, or third-party data (without their authorization) is their sole responsibility and may result in the IMMEDIATE CANCELLATION OF THE CONTRACTED PLAN WITHOUT PRIOR NOTICE. If such actions constitute an illegal act, the BUYER shall be subject to penalties provided by Brazilian law.

3.2. The BUYER expressly authorizes INFINITE to create and maintain the registration mentioned in clause 3.1, as well as to provide the information contained in said registration to: (I) competent public authorities that formally request it, in accordance with the Brazilian Federal Constitution and other applicable legislation; (II) domain registration bodies; and (III) its strategic, commercial, or technical partners, to offer better conditions for the Resources to the BUYER, in accordance with Brazilian Law 13.709/18 (General Data Protection Law - LGPD).

3.2.1. Furthermore, the BUYER EXPRESSLY DECLARES AND AGREES THAT INFINITE MAY COLLECT INFORMATION FOR TRAFFIC MONITORING PURPOSES, TO IDENTIFY USER PROFILE GROUPS AND FOR ADVERTISING PURPOSES, as described in the Personal Data Processing Policy.

3.3. The BUYER shall inform INFINITE of any changes to their registration information, including (but not limited to) changes in address for promotional campaigns, as well as changes in phone numbers, emails, or contact person names. Notification can be made through any of INFINITE’s service channels.

3.4. INFINITE’s Personal Data Processing Policy must be read in conjunction with these Terms of Service. It outlines the purpose, necessity, and legal basis for processing personal data, as well as the applied security criteria. All rights of the data subject are expressly described in the Privacy Policy, in accordance with Brazilian Law 13.709/18 (General Data Protection Law - LGPD).

CLAUSE FOUR – CONDUCT AND OBLIGATIONS OF THE BUYER

In addition to the obligations set forth in this Agreement, the BUYER undertakes to:

4.1. Make timely payments for debts arising from plans and any contracts with INFINITE.

4.2. Exclusively manage (without any joint liability with INFINITE) the Login and respective private password, assuming full responsibility for their use. This includes actions performed through them, as well as (but not limited to) economic charges resulting from such use—particularly regarding data loss, virus contamination, network intrusions, theft of data or information, sending offensive and/or inappropriate electronic messages to other Internet users, and other conduct that may harm other users and/or systems connected to the Internet, as well as any actions that violate current legislation.

4.3. Refrain from using INFINITE’s product(s), content(s), service(s), and/or certificate(s) to: (a) violate the Brazilian law, morals, good customs, intellectual property, or rights to honor, privacy, image, or personal and family intimacy; (b) encourage illegal or immoral conduct; (c) incite discriminatory acts based on sex, race, religion, beliefs, age, or any other condition; (d) make available or enable access to illegal, pornographic, violent, or degrading messages, images, products, or services; (e) send bulk emails (SPAM) to groups of users of this or other providers, offering products or services of any nature, whether their own or third-party, that are not of interest to the recipients or lack their express consent; (f) induce an unacceptable state of anxiety or fear; (g) induce or incite dangerous, risky, or harmful practices to health and mental balance; (h) propagate false, ambiguous, inaccurate, exaggerated, or untimely content that may mislead regarding its subject or the communicator’s intentions or purposes; (i) violate the confidentiality of communications; (j) constitute illegal, deceptive, or unfair advertising, or unfair competition in general; (k) promote, incite, or encourage pedophilia; (l) incorporate viruses or other physical or electronic elements that may damage or impair the normal operation of the network, system, or computer equipment (hardware and software) of third parties, or damage electronic documents and files stored on such equipment; (m) obtain or attempt to obtain unauthorized access to other systems or computer networks; (n) reproduce, sell, or distribute products without proper authorization and payment of copyrights; (o) engage in cryptocurrency mining or any activity that causes excessive CPU stress.

4.4. Assume full responsibility, without any joint liability from INFINITE, for all obligations under clause 4.3 above, for the services and information provided through the Resources of this Agreement. Thus, the BUYER assumes full and exclusive responsibility, including but not limited to administrative, copyright, electoral, civil, and criminal liability, for all data, use of Resources, and content made available on the Internet, being liable for all damages and losses caused by improper use of the contracted Resources. If INFINITE is compelled to participate in any judicial or administrative proceedings related to the BUYER’s assumed responsibility, the BUYER shall reimburse INFINITE for the legal and financial burdens incurred, without prejudice to any losses and damages.

4.5. Refrain from transmitting, internally and/or externally, any illegal, malicious, or threatening program or application, including viruses, worms, or SPAM, or any similar nature that INFINITE, at its sole discretion, deems to violate this Agreement, UNDER PENALTY OF IMMEDIATE SUSPENSION AND/OR CANCELLATION WITHOUT PRIOR NOTICE.

4.6. It is the sole responsibility of the BUYER to ensure their equipment meets the minimum requirements for using the contracted Resources. Both parties acknowledge that any equipment and/or other requirements necessary to support the provision of services under this Agreement must be obtained by the BUYER, with or without guidance from INFINITE’s technical team, entirely at their own expense.

4.7. The BUYER is responsible for defects and failures resulting from improper use/operation and/or inadequate configuration of the equipment and software used to access the contracted Resources, over which INFINITE has no control. The BUYER is also responsible for defects and failures arising from services contracted directly with third parties.

4.8. The BUYER must adhere to the recommended page view limits of the contracted plan(s). In case of improper use by the BUYER or third parties exceeding the recommended page view limits, INFINITE may choose not to provide support, limit the CPU and memory usage of the plan to prevent overloads and/or economic losses due to excessive resource use, and/or suspend the contracted plan—without prior notice, and without the BUYER or third parties being entitled to any indemnity or reimbursement.

4.9. The BUYER must refrain from contacting any INFINITE employee outside official communication channels UNDER PENALTY OF IMMEDIATE SUSPENSION AND/OR CANCELLATION WITHOUT PRIOR NOTICE, without any liability to INFINITE or right to indemnity for the BUYER.

CLAUSE FIVE – INFINITE’S RESPONSIBILITIES

In addition to the obligations set forth in this Agreement, INFINITE undertakes to:

5.1. Provide the content, services, products, and/or licenses according to the conditions of the Plan(s) and service(s) chosen by the BUYER, in the chosen periodicity, which may occasionally be interrupted or suspended due to: (a) technical/operational maintenance; (b) fortuitous events or force majeure; (c) third-party actions preventing the use of Resources; and (d) lack of electricity supply for extended periods (blackouts).

5.2. INFINITE adopts all technical and administrative measures to protect personal data from unauthorized access and accidental or unlawful destruction, loss, alteration, communication, or dissemination, limiting its liability to the terms described in the Personal Data Processing Policy.

CLAUSE SIX – CONTENT RESPONSIBILITY

6.1. The BUYER assumes — exclusively, without restrictions or reservations — all burdens and responsibilities arising from their actions and conduct as an Internet user. They shall be liable for any misuse of the Resources contracted or made available by INFINITE and/or third parties, particularly for acts, damages, and losses resulting from non-compliance with the obligations under clause 4.3.

6.2. INFINITE does not control the content transmitted, disseminated, or made available to third parties by the BUYER through the use of the contracted Resources. However, if INFINITE detects or is notified of any conduct and/or method by the BUYER that violates this Agreement, INFINITE, at its sole discretion, SHALL IMMEDIATELY SUSPEND AND/OR CANCEL THE CONTRACTED PLAN, adopting the measures outlined in the Privacy Policy regarding personal data.

6.2.1. It is the BUYER’s responsibility to ensure that files containing confidential and/or sensitive information are stored outside the public folder of the website, i.e., directories accessible to the general public. Such files may include (but are not limited to) extensions like .sql, .csv, .xsls, .doc, .key, .gz, .zip, .bin, .pdf, and .rar. Therefore, INFINITE shall not, under any circumstances, be liable for incidents resulting from leaks of confidential and/or sensitive information exposed by the BUYER in public website directories.

6.3. Access to content does not grant the BUYER any ownership or commercial use rights over INFINITE’s proprietary content without authorization from INFINITE’s marketing department. The BUYER may not, under any circumstances, use, commercially exploit, or reproduce this content without properly citing the source and all rights belonging to INFINITE and/or third parties.

6.4. The hosting service includes an automatic PNG and JPG/JPEG image optimization algorithm. INFINITE is not responsible for any loss of quality deemed unacceptable by the BUYER and does not undertake to restore the original file. The BUYER acknowledges that to avoid such optimization, they must add the suffix “-raw” after the file name and before the file extension (e.g., test.jpg -> test-raw.jpg).

6.5. To maintain system integrity, INFINITE may immediately migrate the BUYER’s hosting plan without prior notice if the migration is of an emergency nature. In cases where migration can be scheduled, INFINITE will notify the BUYER at least 2 business days in advance.

6.6. If the BUYER uses any “evaluation” functionality of the Services, when available, and/or submits or transmits communications suggesting or recommending changes to the Services, all such Feedback will be considered non-confidential and non-proprietary. The BUYER transfers all rights, titles, and interests, and INFINITE is free to use, without attribution or compensation to the BUYER, any analyses submitted about the Services and any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, whether proprietary or not, for any purpose. The BUYER understands and agrees that INFINITE may use such feedback in aggregated or non-aggregated form, but INFINITE is not obligated to use, display, reproduce, or distribute any evaluations, ideas, know-how, concepts, or techniques contained in the Feedback, and the BUYER has no right to enforce such use, display, reproduction, or distribution.

6.7. The BUYER grants INFINITE a non-exclusive, royalty-free, global license to include their company name, trademark, and logo in INFINITE’s client lists, websites, and marketing materials to indicate their status as a current or former client and/or user. The BUYER may revoke such use by contacting INFINITE. However, nothing herein limits INFINITE’s ability to use such client marks as permitted by applicable Brazilian law.

CLAUSE SEVEN – CONFIDENTIALITY

7.1. The parties agree that all information obtained under this agreement is confidential and protected by this confidentiality obligation and in accordance with the parameters of Brazilian Law 13.709/18 (General Data Protection Law - LGPD), and may not be disclosed to any third parties, except for companies belonging to INFINITE’s economic group. Exceptions are limited to cases: (I) outlined in clause three of this agreement; (II) required by Brazilian law or judicial order of any kind and/or determination by public authorities to clarify facts, situations, or assist in investigations, inquiries, or complaints; or (III) as provided in INFINITE’s Privacy Policy.

CLAUSE EIGHT – TERM AND CANCELLATION

8.1. This agreement shall remain in effect for an indefinite term, subject to the cancellation rules outlined in this Clause Eight, according to the payment method chosen by the BUYER.

8.2. INFINITE may terminate this Agreement at any time during its term, with prior written and/or email notification.

8.3. The BUYER may, at any time, express their lack of interest in the contracted Resources, canceling them through Technical Support or directly via INFINITE’s store, provided the conditions set forth in this Agreement are observed.

8.4. The BUYER may opt for IMMEDIATE CANCELLATION, in which INFINITE will immediately comply with the request, and the BUYER shall only pay the proportional amount for the Period and/or Resources used until cancellation. However, the BUYER will lose any discounts and must pay any financial charges arising from the contracted plan, if applicable.

8.4.1. Payments for contracts with periodicities longer than monthly are non-refundable, even proportionally, as INFINITE legally commits to suppliers to offer the financial discounts applied to such contracts.

8.5. Both parties may terminate this Agreement immediately—without any judicial or extrajudicial notice—if any provisions herein are breached, preventing the continued execution of the Agreement’s purpose.

8.6. Non-use of the contracted Plan does not imply automatic cancellation of this Agreement, as computational resources are expended for any active plans. The BUYER remains subject to regular billing for services and any consequences of non-payment for active plans.

8.7. The BUYER acknowledges that: (I) upon cancellation of the contracted Plan, for any reason, or (II) if the Plan remains inactive for any reason (including, but not limited to, non-payment, voluntary cancellation, or violation of INFINITE’s usage rules, terms, and conditions), all files, content, information, or data stored by the BUYER in these products and/or services will be automatically deleted, without any liability to INFINITE or right to indemnity for the BUYER. INFINITE shall not be responsible for any files, documents, emails, data, or other information stored in the account, except as provided in the Personal Data Processing Policy.

8.7.1. Furthermore, in any of these cases, INFINITE may, at any time, reuse or reassign any logins previously belonging to the BUYER to new users, at its discretion, without granting any rights to the BUYER or liability to INFINITE.

CLAUSE NINE – SOFTWARE LICENSES

9.1. Depending on the chosen Plan, INFINITE shall grant the BUYER, on a non-exclusive, paid, and/or free basis (as specified in the Plan), non-transferable licenses to use software owned by INFINITE and/or third parties that have licensed such software to INFINITE, in which case the BUYER is granted a sublicense to use the software.

9.2. The BUYER acknowledges that it is expressly prohibited to use the Software for any purpose other than those expressly provided in this Agreement and its respective Annexes, particularly, but not limited to, commercialization, assignment to third parties, reproduction, alteration, distribution, replication, or reverse engineering of the Software, under penalty of liability for improper use.

9.3. INFINITE shall not be liable for improper or inappropriate use of the Software and/or any products and/or items offered by INFINITE by the BUYER, nor for any losses or damages suffered by the BUYER or third parties resulting from such use. The BUYER agrees to keep INFINITE free and clear of any burdens, duties, or liabilities arising from claims related to this clause.

9.4. The BUYER acknowledges that the Software is provided “as is”, and INFINITE does not guarantee that any Software will be suitable for a specific use, operate without interruptions, or be free of minor defects or errors that do not significantly affect its performance, or that the applications contained in the Software meet all of the BUYER’s requirements. The parties agree that INFINITE shall not be liable for losses or damages of any nature caused to the BUYER or third parties due to defects or failures in the design, manufacture, construction, assembly, formulas, or handling of the Software, products, and/or items, as per this clause.

9.5. Use of any Software, in whole or in part, in violation of this Agreement will allow INFINITE to terminate not only the Software license granted but also this Agreement.

9.6. All materials, software, trademarks, technologies, names, and programs provided by INFINITE (except for software expressly identified as public domain) are protected by copyright and are the exclusive property of INFINITE or third-party licensors.

CLAUSE TEN – PRICE AND PAYMENT CONDITIONS

10.1. For the contracted resources, the BUYER shall pay the amounts specified at the time of contracting, according to the chosen payment method and modality.

10.2. Payment shall be made by the BUYER as per the payment methods available at the time of contracting, which may include: (I) bank slip; (II) credit card, or any other payment method available at the time of contracting. Depending on the chosen payment method, the BUYER expressly agrees that INFINITE, through the payment gateway, may debit their credit card according to the chosen payment periodicity.

10.2.1. The BUYER acknowledges that, if the issuing bank supports such functionality, an expired or expiring debit or credit card will be automatically renewed, continuing the billing for the contracted services, subject to clause 10.2.4 of this Agreement.

10.2.2. If the BUYER opts for payment via credit card or direct debit, and the debit is not possible in the chosen modality, INFINITE reserves the right to issue a bank slip to the BUYER for the collection of the contracted services.

10.2.3. If the BUYER opts for payment via bank slip, they shall be obligated to pay a fee to cover expenses such as handling, printing, and shipping incurred due to the convenience provided by this payment method. Non-receipt of the bank slip does not exempt the BUYER from timely payment, as it can be accessed/downloaded at any time on INFINITE’s website.

10.2.4. If there are any changes to the credit card information provided by the BUYER at the time of contracting, including but not limited to card expiration, the BUYER undertakes to immediately inform INFINITE, updating the information and settling or negotiating any outstanding financial obligations.

10.3. INFINITE may only adjust the prices of the plans listed on its website — i.e., prices for new contracts — in periods equal to or greater than three (3) months, or the minimum period established by Brazilian law, counted from the date of the last adjustment.

10.3.1. The parties agree that the adjustment mentioned above applies only to new contracts. Annual adjustments for existing contracts, if different from the prices listed on INFINITE’s website, will always be based on the variation of the Brazilian IGP-M/FGV index accumulated over the last twelve (12) months, counted from the date of the last adjustment, except as described in clause 10.3.3.

10.3.2. If the Brazilian IGP-M/FGV index is no longer recognized as a monetary correction instrument for calculating automatic price adjustments under this Agreement, the new indices that replace it will be used, or, if none exist, a new correction formula will be expressly communicated to the BUYER.

10.3.3. Notwithstanding the above clause, prices may be revised at any time to restore the initial economic-financial balance in case of increased costs of inputs necessary for service provision, or if new taxes, duties, fees, tariffs, charges, including fiscal, parafiscal, social security, or labor contributions, are imposed, or if current tax rates are modified or otherwise increased or reduced.

10.3.4. Whenever INFINITE intends to adjust the prices of its subscriptions, as per clause 10.3, it will inform the BUYER by email at least thirty (30) days before the intended adjustment date. If the BUYER does not agree with the informed adjustment, they may terminate this Agreement, as per Clause Seven.

10.3.5. For clients legally classified as infrastructure providers, including data centers, telecommunications and internet providers, and managed or unmanaged website hosting companies, acquiring the Infinite Ez software license, INFINITE undertakes not to increase the license fee by more than 10% per year for two (2) consecutive years from the contracting date.

10.4. In case of non-payment on the due date, the BUYER shall incur: (I) Late interest of 2% (two percent) per month on the total debt amount, calculated from the due date until the effective payment date; (II) Monetary correction calculated from the due date to the payment date, based on the Brazilian IGP-M (General Market Price Index) variation, determined by the Getúlio Vargas Foundation, for the same period. If this index is discontinued, the official replacement index will be adopted; (III) A one-time late payment penalty of 2% (two percent) calculated on the debt amount.

10.4.1. Without prejudice to clause 10.4 above, late payment will result in the suspension of contracted Resources after seven (7) days of delay. If the overdue amounts remain unpaid, INFINITE may permanently cancel (delete) the contracted Resources (primarily storage) within thirty (30) days, without prejudice to the collection of overdue amounts and without prior notice.

10.4.2. In case of service suspension due to payment delays exceeding seven days, service restoration will occur within up to seventy-two (72) business hours after payment of the debt, due to banking processing times.

10.4.3. If the BUYER requests service restoration after more than thirty (30) days, provided INFINITE has not deleted all of the BUYER’s Resources as permitted under clause 10.4.1, the BUYER must settle all monthly fees from the date of the last valid payment to have their services restored, to compensate INFINITE for storage, administration, and opportunity costs.

10.4.4. The BUYER may request the cancellation of a service suspended for more than thirty (30) days and then rehire the service by paying the updated price available on INFINITE’s Offer page. However, INFINITE reserves the right to permanently cancel (delete) the previously contracted Resources (primarily storage) without prejudice to the collection of overdue amounts and without prior notice, and only then provide the newly contracted service without any data from the previous contract.

10.5. The BUYER acknowledges the automatic excess charge(s) as per the information provided in the “FAQs” on INFINITE’s website pages.

10.6. The BUYER acknowledges that INFINITE will not issue separate invoices for products/services with the same periodicity and due date or issue invoices in the name of third parties.

10.6.1. If the BUYER opts to pay for only one of the contracted products, they must request the cancellation of the services they no longer wish to continue contracting, or INFINITE may suspend the services as described in clause 10.4.

10.7. The trial period will be offered only for the “Fog” and “Cirrus” hosting plans, exclusively for newly created accounts, only once per account, i.e., one (1) trial period per government ID, as the purpose of the trial period is to allow the client to experience the service without commitment for the first time.

10.7.1. The trial period will last fifteen (15) days, which may be extended to thirty (30) days at INFINITE’s discretion.

10.8. The BUYER may request temporary upgrades by opening a support ticket, provided they inform INFINITE at least two (2) business days in advance and specify the expected duration of the temporary upgrade.

10.8.1. Temporary upgrades between semi-dedicated hosting plans, i.e., “Fog”, “Cirrus”, and “Cirrostratus”, have a minimum duration of 24 hours. Temporary upgrades between dedicated hosting plans, i.e., “Stratocumulus” or higher, also have a minimum duration of 24 hours. Temporary upgrades from semi-dedicated to dedicated hosting plans have a minimum duration of seven (7) days to cover the costs of environment setup and website migration. The same applies to upgrades to different data centers from the original contract.

10.8.2. Temporary upgrades of up to seven (7) days will not alter the existing contract in the system. The BUYER shall only pay additionally for the days used under the new plan in their next invoice. Temporary upgrades exceeding fifteen (15) days will alter the contract in the system, and the BUYER shall pay for the new plan in full, with a refund credited as store credit for unused days only after requesting and completing the downgrade.

10.8.3. The BUYER assumes sole responsibility, without restrictions or reservations, for requesting a downgrade of their contract if they have not provided an exact date and time for the downgrade via a support ticket.

10.8.4. Temporary upgrades are non-refundable. Non-use of the contracted upgrade does not imply automatic cancellation.

CLAUSE ELEVEN – GENERAL PROVISIONS

11.1. This Agreement is entered into irrevocably and irreversibly, binding the Parties, as well as their heirs and successors, under any title.

11.2. Parents or legal guardians of minors, where applicable, shall be responsible for acts performed by the minor in using the Resources of this Agreement, including any damages caused to third parties, prohibited acts under the Brazilian law, and the provisions of this Agreement.

11.3. The failure of either Party to enforce, in whole or in part, any Clauses or provisions of this Agreement, on one or multiple occasions, shall be interpreted as mere leniency, not implying novation, waiver, payment, settlement, remission, and/or compensation, nor depriving the other Party of the right to demand strict compliance with contractual obligations at any time.

11.4. This Agreement shall be governed by Brazilian law.

11.5. The rights and obligations of this Agreement may not be assigned by the BUYER, under penalty of termination of this Agreement, without any liability to INFINITE. However, INFINITE may assign this Agreement at any time.

11.6. The BUYER expressly accepts that INFINITE may send informational emails and text messages (SMS) to the registered mobile phone regarding specific communications related to the purpose of this Agreement and/or any Resources, Offers, and Plans provided by INFINITE, based on the legal grounds described in the Personal Data Processing Policy.

11.7. The BUYER expressly declares and warrants, for all legal purposes: (a) they have the legal capacity to enter into this Agreement; (b) they are financially responsible for using the contracted Plan and have the financial means to cover the payments, costs, and expenses arising from this Agreement; (c) this Agreement is formalized, as applicable, binding the Parties upon the BUYER’s verbal acceptance, electronic acceptance through clicking the checkbox containing the phrase “I have read and agree” or similar expressions indicating acceptance before contracting; (d) they are aware of the automatic excess charge(s) as per the information provided in the “FAQs” on INFINITE’s website pages; (e) they have read and are fully aware and in agreement with all terms and conditions of this Agreement.

11.8. INFINITE reserves the right, at its discretion and at any time, to modify, add, or remove any clauses or conditions of this Agreement, notifying the BUYER by email or any other electronic means when the change implies restrictions on the initially agreed conditions. If the BUYER does not agree, they may cancel the Agreement without any liability to either Party within thirty (30) days from the receipt of the notification.

11.8.1. Similarly, INFINITE reserves the right, at its discretion and at any time, to modify, in form or content, discontinue, cancel, or suspend any Resources, utilities, or applications provided by itself or third parties, provided it notifies the BUYER thirty (30) days in advance by email or any other electronic means, without breaching this Agreement. If the BUYER does not agree, they may cancel the Agreement without any liability within thirty (30) days from the receipt of the notification.

11.9. INFINITE is not responsible for online commercial transactions, which are the sole responsibility of the BUYER and those offering products or services for sale via the Internet.

11.10. Reiterating the terms of this Agreement, INFINITE informs that its Products and Services must not be used to transmit, disseminate, or promote pornography, child pornography, pedophilia, racist material, discriminatory material, or any content that violates current Brazilian legislation.

11.11. INFINITE is a value-added service provider to telecommunications services, not subject to Anatel regulation. The BUYER acknowledges that INFINITE’s customer service is distinct from that offered by telecommunications service providers and is not subordinate to them.

11.12. The BUYER acknowledges that any support via telephone or video conferencing will only be provided if they opt to contract telephone or video conferencing support, with the cost informed at the time of the request, along with the phone number and/or virtual conference room.

11.13. INFINITE will provide qualified personnel for commercial support via online chat on its website during business hours, from 9:00 AM to 6:00 PM, Brasília time. Commercial support capabilities include: (a) addressing frequently asked questions; (b) preparing budgets with official recommendations. The commercial support team may not: (a) modify or provide registration data; (b) resolve technical issues; (c) develop personal relationships with clients.

11.14. Neither party shall be liable for compensation for losses and damages, lost profits, or any indirect and/or direct damages incurred under this Agreement, in an amount exceeding the sum of the twelve (12) monthly payments prior to the event causing the damage.

11.14.1. The parties expressly acknowledge that the limitation outlined above stems from a mutual interest in keeping any compensation owed by one Party to the other at levels proportional to the economic value of the Agreement.

11.15. A Service Level Agreement (SLA) is a contract between an IT service provider, in this case, INFINITE, and the client, specifying, generally in measurable terms, the services the provider will deliver. Service levels are defined at the start of any outsourcing relationship and used to measure and monitor the provider’s performance.

11.15.1. The SLA for support types is outlined in Annex I at the end of this document.

11.15.2. The SLA for uptime is outlined in Annex II at the end of this document.

11.15.3. The SLA for backups is outlined in Annex III at the end of this document.

11.15.4. The SLA for corporate emails is outlined in Annex IV at the end of this document.

11.15.5. The SLA for the website firewall (WAF) is outlined in Annex V at the end of this document.

CLAUSE TWELVE – PARTNERSHIP AND LOYALTY PROGRAMS

12.1. The “Affiliates” program is based on a partnership through which, upon referring new clients, the referring user earns a monthly commission of 10% (ten percent) of the referred client’s first contract.

12.1.1. Only the first contract of the referred client generates credit for the affiliate. The affiliate cannot change or choose the contract that generates the credit.

12.1.2. If the original contract generating the credit is canceled, the affiliate will no longer receive a commission, even if the referred client remains an INFINITE client.

12.2. The commission outlined in clause 12.1 is only calculated for contracts made by third parties. It is not possible to earn a commission on one’s own contract or contracts made by partners of companies or associations, i.e., affiliates who are partners of such organizations will not earn commissions on contracts made by them.

12.3. The commission will be credited as virtual affiliate credit in INFINITE’s store after the referred client’s invoice is paid and can only be redeemed as cash or converted into credit for INFINITE products in minimum amounts of R$100 (one hundred reais), upon the affiliate’s request via a support ticket.

12.3.1. Only one withdrawal or conversion per month is permitted.

12.3.2. To receive the transfer, the affiliate must issue an electronic invoice if a legal entity or sign a receipt for the amount if an individual, with the model provided by INFINITE’s financial team, in compliance with current tax legislation.

12.3.3. Credits received and accumulated affiliate balances are non-transferable.

12.3.4. Credits will be available for withdrawal or conversion for a maximum period of eighteen (18) months from their accrual. After this period, the balance can no longer be claimed and will be automatically removed from INFINITE’s system or during the withdrawal or conversion process.

12.3.5. For accounts using US Dollars or Euros, the minimum amounts are USD 50 or EUR 50.

12.4. If the affiliate chooses to convert their affiliate balance into INFINITE credits for exclusive use in purchasing/paying for INFINITE products, a 10% bonus will be added to the converted amount.

12.5. For the referred client to be linked to the affiliate, the affiliate link must be used.

12.5.1. The affiliate link must be requested through INFINITE’s store.

12.5.2. Contracts made without using the affiliate link will not be subsequently linked to the affiliate, even if requested via support, making the use of the link strictly necessary.

12.6. The “V.I.P.” program offers partnerships based on the number of hosting plans the client has, providing progressive monthly discounts.

12.6.1. The “V.I.P.” program defines a minimum number of hosting plans, which can be found on INFINITE’s website.

12.6.2. Discount coupons cannot be combined with the discount offered by the “V.I.P.” program.

12.6.3. The discount applied in this program is not valid for consulting services, hosting plans called “Multiplan(s)”, “Multisite(s)”, “Multiapp(s)”, or other customized contracts.

12.7. WhatsApp support will only be provided for hosting plans owned by the contracting party, i.e., support cannot be requested for third-party accounts, even if the “V.I.P.” client is the developer of the third-party application.

12.8. If INFINITE detects or is notified of any conduct or method by the partner that violates this Agreement, Brazilian law, is classified as deceptive advertising, and/or damages its image, INFINITE, at its sole discretion, SHALL IMMEDIATELY SUSPEND AND/OR CANCEL the partner’s registration and benefits without prior notice.

12.9. INFINITE reserves the right, at its discretion, with thirty (30) days’ prior notice, to ensure its economic-financial balance, to modify, in form or content, discontinue, cancel, or suspend any partnership or loyalty programs, without any liability to INFINITE or right to indemnity for the BUYER or third parties.

CLAUSE THIRTEEN – SOFTWARE LICENSES PROVIDED BY INFINITE

13.1. INFINITE provides, through its website or platform, various software for use, download, installation, or integration by the BUYER, which may fall under different licensing models.

13.2. Open-source software, such as Infinite OS, is governed by its own licenses, defined by their respective authors and/or maintaining communities, and is not fully subject to these General Terms. The specific conditions of use, responsibilities, limitations, obligations, and permissions associated with such software are described on their respective presentation pages and/or informational texts in their code repositories (git), and the USER or BUYER must carefully read and accept such terms before using any resources linked to these software.

13.3. Closed-source software, such as Infinite Bz and Infinite Ez, is provided by INFINITE under a partially free (freemium) model, exempt from licensing costs up to certain usage, functionality, or resource limits, as described on their respective presentation pages. Usage beyond these limits requires contracting a paid plan or specific commercial license.

13.4. It is the sole responsibility of the BUYER to verify the conditions applicable to each software, comply with the corresponding terms of use, and, when necessary, contract the appropriate license. Unauthorized use, particularly in violation of the free model limits or the original license terms, may result in civil and/or criminal liability under applicable Brazilian law.

13.5. INFINITE is not liable for failures, data loss, incompatibilities, damages, or any consequences arising from the use of the provided software, except within the limits expressly assumed in a specific contract or pre-agreed support.

CLAUSE FOURTEEN – JURISDICTION

14.1. The parties elect the Court of the District of São José dos Campos, São Paulo, at the discretion of the plaintiff in any action, as competent to resolve any disputes arising from this Agreement, to the exclusion of any other, however privileged.

ANNEX SECTION

ITEM I – SERVICE LEVEL AGREEMENT FOR SUPPORT TYPES

1.1. Managed support will be dedicated solely to the registered internet domain, excluding subdomains or additional domains. Managed support hours, following Brasília time, are Monday to Friday from 8:00 AM to midnight, except on weekends and holidays, when hours are from 9:00 AM to 6:00 PM.

1.1.1. To obtain support for more than one (1) domain, a separate additional plan must be contracted.

1.1.2. The response time for managed support is up to one (1) business day.

1.1.3. Managed support will only address simple issues, within the following parameters: (a) does not take more than one hour to resolve; (b) does not involve creating or customizing any content, material, code, or system; (c) is not related to design or third-party software.

1.2. Infrastructural support operates 24 hours a day, 7 days a week, 365 days a year.

1.2.1. The response time for infrastructural support is up to 12 hours.

1.2.2. Infrastructural support will only address internal infrastructure issues of INFINITE.

1.3. Deadlines must be respected by both parties, regardless of the type or complexity of the issues.

ITEM II – UPTIME SERVICE LEVEL AGREEMENT

2.1. The BUYER acknowledges that INFINITE’s service uptime is measured monthly based on 730 hours and is available for monitoring on the “Status” page on INFINITE’s official website.

2.2. The BUYER acknowledges that scheduled maintenance affecting application availability will not be counted as a service failure or downtime and therefore will not entitle them to a refund.

2.3. The hosting service guarantees 99.90% uptime, with a refund of 10% of the equivalent value of 30 days of service if uptime is below 99.90% but above 99%. A refund of 30% of the equivalent value of 30 days of service will be provided if uptime is below 99%.

2.3.1. The uptime guarantee applies exclusively to direct server connections, excluding third-party services used for resolution, protection, or acceleration of the hosting domain, such as DNS, Web Application Firewall (WAF), Content Delivery Networks (CDNs), or reverse proxies, whether offered by INFINITE or third parties.

2.3.2. For offers sold in US dollars or euros, a 100% uptime guarantee is provided, in contrast to the standard 99.90% guarantee.

2.3.3. The uptime guarantee does not apply if the unavailability is caused by issues with the BUYER’s application or by direct actions of the BUYER, their team, or third parties contracted by them.

2.4. Refunds outlined in this section will be applied only once within a 30-day period. The maximum refund for a 30-day period is 30% of the equivalent value of 30 days of service, regardless of recurrence, provided it is within the same 30-day period.

2.5. Refunds outlined in this section will be deposited EXCLUSIVELY as credit in the BUYER’s account in INFINITE’s store.

2.6. Corporate/professional email services in “ALPHA” or “BETA” phases, domains not using INFINITE’s DNS servers, hosting plans exceeding 10% of the recommended page view limit and/or computational resource consumption above the recommended limit for the contracted plan, additional domains or parked aliases, customized hosting plans with negotiated additional discounts, bare-metal server contracts, and “WAF, website firewall, or firewall” services are not covered by the uptime service level guarantee.

ITEM III – BACKUP SERVICE LEVEL AGREEMENT

3.1. The BUYER acknowledges that INFINITE will provide free daily, weekly, and/or monthly backups as described on the Offer page acquired by the BUYER or as informed at the time of contracting. These backups can be restored via the hosting control panel.

3.2. Due to network and/or storage complications, INFINITE, for precautionary reasons, recommends that clients use a secondary backup service due to its importance. INFINITE shall not be liable for technological complications affecting the integrity of backups, as described in the Privacy Policy.

3.2.1. The BUYER acknowledges that the use of INFINITE’s Services is entirely at their own risk, and INFINITE is not responsible for any data loss associated with its Services. While INFINITE provides backup services as a courtesy, the responsibility for backups lies with the BUYER. INFINITE does not guarantee the ability to restore data or that its content will not be compromised due to initial data loss or the subsequent restoration process. Therefore, it is highly recommended that the BUYER maintains their own regular backup procedure and conducts periodic tests to ensure their backups are functioning correctly.

3.2.2. To the maximum extent permitted by Brazilian law, INFINITE shall not be liable to the BUYER for any indirect, incidental, special, consequential, or punitive damages (including damages for lost profits, goodwill, or any other intangible loss) arising from or related to their access or use, or inability to access or use, the websites and services or any materials or content on the websites and services, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not INFINITE was informed of the possibility of damages. To the maximum extent permitted by Brazilian law, the BUYER agrees that INFINITE has no liability for any data that may be destroyed, lost, or rendered inaccessible, whether due to the BUYER’s failure to back up their data or for any other reason.

3.3. INFINITE will not perform backups for suspended domains/accounts, regardless of the reason for suspension, without any liability to INFINITE or right to indemnity for the BUYER.

3.4. INFINITE reserves the right to exclude files and directories with certain extensions and suffixes deemed unnecessary for the regular operation of a website or files larger than 38 MB during the backup generation process to reduce computational resource waste (primarily storage), whether or not mentioned in the FAQ section of INFINITE’s Offer page, without any liability to INFINITE or right to indemnity for the BUYER.

ITEM IV – CORPORATE EMAIL SERVICE LEVEL AGREEMENT

4.1. The BUYER acknowledges that INFINITE will provide one free email server account, respecting the limits on email addresses and hourly sending limits as described on the Offer page acquired by the BUYER or as informed at the time of contracting.

4.1.1. To obtain support for more than one (1) domain, a higher number of hourly sends, and storage space, a separate contract is required.

4.2. The uptime and backup service level agreements do not apply to this service, which is provided without guarantee or managed support.

4.3. Any support for this service must be requested through the technical support area, but INFINITE reserves the right to accept or reject the request without any response deadline, regardless of the type or complexity of the issues.

4.4. As a reinforcement measure, the corporate email service must comply, as applicable, with the content policies outlined in Clause Six of this Agreement.

4.5. If the BUYER is caught by the monitoring system engaging in illegal practices—such as spam, phishing, or other frauds—whether with or without the responsible party’s consent, their domain will be permanently blocked by INFINITE to maintain the proper functioning of its services.

ITEM V – WEBSITE FIREWALL (WAF) SERVICE LEVEL AGREEMENT

5.1. The BUYER acknowledges that INFINITE will provide the service called WAF, website firewall, web application firewall, or simply firewall free of charge only for the contracted domain and only for contracts of the “Fog” hosting plan or higher.

5.1.1. To obtain support for more than one (1) domain and/or for plans below “Fog”, the WAF service must be contracted separately for the additional domain(s).

5.1.2. INFINITE reserves the right to market the WAF service only to clients who also host their website with INFINITE, as it is considered an add-on to the hosting product due to technical limitations, such as IP address releases, maintenance, and quality support provision, which are not feasible when the website is hosted by third-party providers.

5.2. The BUYER acknowledges that the WAF service, while protecting the website from various hacker attacks, does not guarantee 100% protection. Therefore, they must continue to follow all best practices outlined by the Open Web Application Security Project (OWASP) and/or provided by INFINITE, such as keeping systems updated, using strong passwords, not using public computers or connecting to public networks to manage the website or hosting plan, using pirated components/plugins/modules, exposing sensitive data in public directories, etc.

5.3. INFINITE shall not be liable for compensation for losses and/or damages, lost profits, or any indirect and/or direct damages incurred due to website intrusions, even if the WAF service is active and properly configured.

5.4. The BUYER acknowledges that INFINITE or its suppliers are not obligated to explain the internal workings of security filters, as doing so would invalidate them. It is the responsibility of developers hired by the BUYER to follow OWASP best development practices to avoid blocks.

5.5. The BUYER acknowledges that requesting or performing IP address or URL/URI releases in the WAF service will make the application more vulnerable and may result in a security incident, without any liability to INFINITE or right to indemnity for the BUYER, even if INFINITE does not warn of the risk in the support ticket or any panel or API provided by INFINITE.

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