Terms of Use

9.1

The services are provided on an unmanaged basis. Creating, storing and periodically testing the restoration of backup copies of hosted data is the sole responsibility of the customer, unless an additional managed backup service is expressly contracted for a fee.

9.2

Any copy routines maintained by Master da Web for its own operational purposes do not constitute a backup service contracted by the customer, nor any guarantee of integrity, availability or ability to restore data.

9.3

Master da Web is not liable for the loss, corruption, deletion or unavailability of data resulting from:

• Failure of hardware, storage media or file systems;
• Error, misconfiguration, deletion or improper operation by the customer, its agents or third parties authorized by it;
• Unauthorized access, intrusion, malware, ransomware or leakage originating in the customer's environment;
• Installation or use of third-party software, including control panels, plugins and system images;
• Suspension or cancellation of the service under sections 3 and 6 of these Terms.

9.4

Deletion of the service under clauses 3.3 and 6.1 results in the permanent and irreversible elimination of stored data, with no possibility of recovery. It is the customer's sole responsibility to extract in advance all data of interest to it.

10.1

Scheduled maintenance will be communicated to the customer at least 48 (forty-eight) hours in advance, by email or through the client area, and will be carried out, whenever possible, during windows of lower operational impact.

10.2

Emergency or corrective maintenance required to preserve the security, integrity or continuity of the infrastructure may be carried out at any time, without prior notice, with notification to the customer as soon as operationally possible.

10.3

Maintenance periods covered by this section are not counted as unavailability for the purposes of clause 4.3 and do not entitle the customer to credits, discounts, refunds or compensation.

10.4

Security updates and fixes applied to hypervisors, virtualization systems, network, power and cooling equipment may require instances to be restarted or migrated, in which case Master da Web will take appropriate measures to reduce the impact on the customer.

11.1

Pursuant to article 393 of the Brazilian Civil Code (Law No. 10,406/2002), Master da Web is not liable for losses, damages, delays or for the total or partial failure to perform its obligations when these result from an act of God or force majeure, understood as unavoidable events whose effects could not be prevented or averted.

11.2

The following are examples of acts of God or force majeure, in a non-exhaustive list:

• Fire, explosion, lightning, atmospheric discharge, flooding, inundation, gale, storm, hail, collapse, landslide, earthquake and other natural events;
• Failure, fluctuation, rationing, cut-off or prolonged interruption of the electricity supply by the utility company, as well as failures in the public distribution grid;
• Interruption, degradation or severance of links, backbones, optical fibers and other services provided by telecommunications carriers and IP transit providers;
• War, acts of terrorism, sabotage, vandalism, civil unrest, riots, strikes, stoppages and lockouts, including those of third parties and essential sectors;
• Epidemics, pandemics, public calamity and health authority orders that prevent or restrict access to the facilities;
• Acts of government authority, embargoes, seizures, injunctions and judicial or administrative decisions that prevent the provision of the services;
• Large-scale cyberattacks, including denial-of-service attacks (DoS/DDoS), as well as security flaws in third-party software for which no commercially available fix exists;
• Lack, delay or impossibility of supply of equipment, spare parts or inputs by manufacturers, distributors, carriers or import authorities.

11.3

Upon the occurrence of any of the events above, the deadlines and service level obligations set out in section 4 are suspended for as long as the event lasts and for a reasonable period for restoration; such periods are not counted in the availability calculation and do not entitle the customer to credits, discounts, refunds or compensation of any nature.

11.4

Master da Web adopts, at its facilities, risk prevention and mitigation measures consistent with industry best practices and with applicable technical and safety standards, including redundant power supply, redundant cooling and redundant internet connectivity. Such measures are intended to reduce risk and do not constitute a guarantee of uninterrupted service, of data preservation or of equipment integrity, nor do they transfer to Master da Web the risk of casualties of any nature, including fire, flooding and electrical damage.

11.5

If the act of God or force majeure event continues for more than 30 (thirty) consecutive days and makes the provision of the services unfeasible, either party may terminate the agreement without any penalty, fine or compensation, with the proportional refund to the customer of any amounts paid for a period not used.

11.6

Master da Web will use commercially reasonable efforts to restore the services as quickly as possible and will keep the customer informed, through its official support channels, of developments and of the measures taken.

12.1

Master da Web's obligation regarding service availability is an obligation of means, not of result. The credits set out in clause 4.3 are the customer's sole and exclusive remedy for service unavailability.

12.2

To the fullest extent permitted by applicable law, Master da Web is not liable for lost profits, loss of revenue, loss of business or commercial opportunity, loss or corruption of data, indirect, remote or consequential damages, damage to image or reputation, nor for third-party claims brought against the customer.

12.3

Except in cases of willful misconduct and where limitation is prohibited by law, Master da Web's aggregate liability, for any and all events or series of related events, is limited to the amount actually paid by the customer for the affected service in the 3 (three) months preceding the triggering event.

12.4

In business-to-business agreements, the parties are presumed to be on equal footing and symmetrical, pursuant to article 421-A of the Brazilian Civil Code, and the limitations in this section are fully enforceable. In consumer relationships, the limitations in this section apply only to the extent permitted by the Consumer Protection Code (Law No. 8,078/1990), and nothing in these Terms waives rights that cannot be validly limited or waived.

12.5

Master da Web does not curate, pre-moderate or exercise editorial control over content stored, transmitted or processed by the customer, and is not liable for its lawfulness, accuracy or suitability. Liability for third-party content is governed by Law No. 12,965/2014 (Brazilian Internet Civil Framework) and applicable case law, and Master da Web reserves the right to remove content or suspend services upon a court order, a reasoned extrajudicial notice or a finding of a breach of section 5 of these Terms.

12.6

The customer undertakes to hold Master da Web harmless from any claims, notices, administrative penalties, judgments, court costs and attorneys' fees arising from use of the services in breach of these Terms or of applicable law, including in proceedings brought by third parties.

13.1

In colocation services, the equipment remains the exclusive property and risk of the customer. Master da Web provides physical hosting services, supplying space, power, cooling and connectivity, and does not assume any obligation of safekeeping, custody or bailment over the equipment.

13.2

It is the customer's responsibility to obtain and keep in force, at its own expense, an insurance policy covering its equipment, media and data against fire, electrical damage, flooding, theft, robbery and other casualties. Master da Web does not maintain, and is not required to maintain, insurance covering property owned by third parties.

13.3

The customer and its insurer waive any right of recourse and subrogation against Master da Web in relation to casualties affecting the hosted equipment, except in cases of proven willful misconduct or gross negligence.

13.4

Installed equipment must comply with applicable technical standards and with the limits of electrical power, weight, dimensions and heat dissipation notified by Master da Web. Master da Web may refuse installation or order the immediate shutdown of equipment that poses a risk to the safety of the facilities, to the infrastructure or to other customers.

13.5

Upon termination of the agreement for any reason, the customer must remove its equipment within 10 (ten) calendar days, by prior appointment and subject to full payment of any overdue amounts. After that period, a storage fee equivalent to the service's monthly fee will apply and, after 90 (ninety) days, the equipment may be deemed abandoned under article 1,275, III, of the Brazilian Civil Code, authorizing its disposal, sale or discard without any compensation.

14.1

Master da Web may adopt, at any time and without prior notice, the technical mitigation measures required to preserve the infrastructure and other customers, including filtering, traffic limitation and blocking of IP addresses (null route) that are the source or target of attacks, in particular denial-of-service attacks (DoS/DDoS).

14.2

Periods of blocking or limitation resulting from the measures set out in clause 14.1 are not counted as unavailability for the purposes of clause 4.3.

14.3

If the contracted service is found to be compromised — such as intrusion, hosting of malicious content, sending of spam or participation in attacks against third parties — Master da Web may suspend it as a precaution, notifying the customer so that the situation can be remedied.

14.4

The customer is solely responsible for maintaining, updating and patching the operating systems, applications and services installed in its environment, as well as for managing its access credentials, and is fully liable for all operations carried out using them.

14.5

Master da Web will cooperate with public authorities and comply with court orders and legal requests, and may in such cases suspend services, remove content and provide records, regardless of the customer's prior consent, within the limits of applicable law.

15.1

With respect to personal data processed by the customer in its own environment, the customer acts as controller and Master da Web as processor, pursuant to article 5, items VI and VII, of Law No. 13,709/2018 (LGPD), with Master da Web limited to the operations strictly necessary to provide the services.

15.2

It is the customer's exclusive responsibility to define the purposes and means of processing, to identify an appropriate legal basis, to respond to data subject requests, to prepare privacy notices and to implement appropriate security measures in its environment.

15.3

Master da Web adopts technical and administrative security measures consistent with article 46 of the LGPD within its infrastructure and does not access content hosted by the customer, except where strictly necessary to perform support requested by the customer, to preserve the security of the infrastructure or to comply with a legal obligation or an order from a competent authority.

15.4

In the event of a security incident that may create relevant risk or harm to data subjects, the parties will promptly notify each other, and it is the controller's responsibility to notify the National Data Protection Authority (ANPD) and the data subjects where required.

15.5

Master da Web keeps connection and application access logs pursuant to articles 13 and 15 of Law No. 12,965/2014 (Brazilian Internet Civil Framework), which will be provided solely upon a court order or a legal request.

15.6

The processing of the customer's registration data by Master da Web is governed by the Privacy Policy available on the website, which forms an integral part of these Terms for all purposes.

16.1

Master da Web may amend these Terms at any time by publishing the updated version on its website. Amendments take effect immediately for new contracts and, for agreements in force, 30 (thirty) days after publication or notice to the customer, whichever occurs first. Continued use of the services after that period implies acceptance of the new version.

16.2

Communications between the parties will preferably be made through the registered email address and the client area, and messages sent to those addresses are deemed valid and received. It is the customer's responsibility to keep its registration and contact data up to date at all times.

16.3

The customer may not assign or transfer, in whole or in part, the rights and obligations under these Terms without the prior express consent of Master da Web, which may assign them to companies in its economic group or to successors upon simple notice.

16.4

Forbearance by either party in relation to the other's breach of an obligation does not imply novation, waiver or amendment of what has been agreed here, and constitutes mere indulgence.

16.5

A declaration that any clause of these Terms is null or invalid does not affect the remaining clauses, which remain in full force.

16.6

These Terms are governed by Brazilian law, in particular the Civil Code (Law No. 10,406/2002), the Consumer Protection Code (Law No. 8,078/1990) where applicable, the Brazilian Internet Civil Framework (Law No. 12,965/2014) and the General Data Protection Law (Law No. 13,709/2018).

16.7

The courts of the judicial district of Belo Horizonte/MG are elected to settle disputes arising from these Terms, waiving any other however privileged, save that, in consumer relationships, the consumer retains the right to sue in the courts of its own domicile, pursuant to article 101, item I, of the Consumer Protection Code.