Last Updated: January 2025
These Terms of Service ("Terms" or "Agreement") constitute a legally binding agreement between you ("Client," "you," or "your") and 64.396.415 Yasmim de Oliveira, a São Paulo limited liability company (CNPJ: 64.396.415/0001-09), located at Rua Ricardo Gobbo, 509, Jundiaí, São Paulo 13203-554 ("64.396.415 Yasmim de Oliveira," "Company," "we," "us," or "our").
These Terms govern the provision of custom mobile app development services by 64.396.415 Yasmim de Oliveira. Founded in 2026 by Yasmim de Oliveira, 64.396.415 Yasmim de Oliveira provides professional services including ios development, android development, ui/ux design, backend & api, qa & testing, app store launch.
By engaging our services through signed proposals, making payments, or otherwise interacting with our business, you acknowledge that you have read, understood, and agree to be bound by these Terms. We reserve the right to modify these Terms at any time, with updates indicated by the "Last Updated" date. Material changes will be communicated via email to existing clients.
64.396.415 Yasmim de Oliveira provides custom mobile app development services utilizing technologies including Swift, Kotlin, React Native, Flutter, Node.js, PostgreSQL, AWS, Firebase. Specific services are detailed in individual Project Agreements and may include:
All projects require a detailed written Project Agreement specifying scope of work, deliverables, timeline, milestones, cost estimates, and payment schedules. Project Agreements become binding upon execution via physical signature, electronic signature, or email confirmation accompanied by payment.
In the event of any conflict between these Terms and a Project Agreement, the Project Agreement shall prevail with respect to the specific project to which it relates. Together, these Terms and all executed Project Agreements constitute the complete agreement between the parties.
Services shall be performed in accordance with the applicable Project Agreement, using reasonable care and skill consistent with generally accepted industry standards. Any changes to the agreed scope of work require a written Change Order that includes:
64.396.415 Yasmim de Oliveira will evaluate Change Order requests within five (5) business days. We reserve the right to decline requests that would compromise project quality or fall outside our area of expertise.
Unless otherwise specified in the Project Agreement, the standard payment structure is: 30% deposit upon project execution, milestone-based payments during development, and final balance upon delivery of Deliverables. Time-and-materials engagements are invoiced bi-weekly or monthly.
Payment may be made via wire transfer, ACH, check, or approved online payment processors. All invoices are due within fifteen (15) calendar days of issuance unless otherwise specified in the Project Agreement.
Late payments shall accrue interest at a rate of 1.5% per month (or the maximum rate permitted by applicable law, whichever is lower). 64.396.415 Yasmim de Oliveira reserves the right to suspend work on overdue accounts and withhold delivery of Deliverables until all outstanding balances are paid. The Client shall be responsible for all reasonable costs of collection, including attorney fees.
Initial deposits are non-refundable once work has commenced. Milestone-based refunds are evaluated on a case-by-case basis in accordance with our separate Refund Policy.
The Client retains all ownership rights in materials, content, and data provided to 64.396.415 Yasmim de Oliveira for use in the project ("Client Materials"). The Client grants 64.396.415 Yasmim de Oliveira a limited, non-exclusive license to use Client Materials solely for the purpose of performing the Services.
Upon receipt of full payment, 64.396.415 Yasmim de Oliveira assigns to the Client all rights, title, and interest in custom-developed Deliverables, including source code, applications, design assets, and project documentation. This assignment is contingent upon complete payment of all outstanding invoices.
64.396.415 Yasmim de Oliveira retains ownership of all pre-existing tools, frameworks, methodologies, know-how, and general improvements developed during the course of the project ("Company Tools"). The Client receives a perpetual, non-exclusive, royalty-free license to use any Company Tools embedded in the Deliverables.
Third-Party Materials incorporated into the Deliverables remain subject to their original license terms. 64.396.415 Yasmim de Oliveira will ensure compliance with all applicable third-party licenses and will inform the Client of any such materials and their associated license obligations.
Both parties agree to protect the other party's Confidential Information with at least the same degree of care used to protect their own confidential information, but in no event less than reasonable care. Obligations include strict confidentiality, limited disclosure to authorized personnel only, use solely for project purposes, and prompt notification of any unauthorized disclosure.
Exceptions apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was independently developed without use of Confidential Information; (c) was rightfully received from a third party; (d) was in the receiving party's possession before disclosure; or (e) is required to be disclosed by law (with reasonable advance notice to the disclosing party).
Confidentiality obligations survive for three (3) years after termination of the Agreement, and indefinitely for trade secrets.
The Client agrees to:
The Client acknowledges that delays caused by non-performance of these responsibilities may extend project timelines without liability to 64.396.415 Yasmim de Oliveira and may result in adjustments to project cost.
64.396.415 Yasmim de Oliveira warrants that: (a) it has the legal authority to enter into this Agreement; (b) Services will be performed in a professional and workmanlike manner consistent with generally accepted industry standards; (c) custom Deliverables will not knowingly infringe on third-party intellectual property rights; and (d) Services will comply with applicable laws and regulations.
A thirty (30) day Warranty Period applies from the date of delivery, covering material defects and bugs that prevent Deliverables from functioning in accordance with the agreed functional specifications. This warranty excludes issues arising from: unauthorized modifications, use beyond the intended purpose, third-party component failures, or changes in platform requirements after delivery.
EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION, 64.396.415 YASMIM DE OLIVEIRA PROVIDES THE SERVICES AND DELIVERABLES ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. 64.396.415 YASMIM DE OLIVEIRA DOES NOT WARRANT THAT THE DELIVERABLES WILL BE ERROR-FREE OR THAT THEY WILL OPERATE WITHOUT INTERRUPTION.
64.396.415 YASMIM DE OLIVEIRA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER 64.396.415 YASMIM DE OLIVEIRA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL AGGREGATE LIABILITY OF 64.396.415 YASMIM DE OLIVEIRA FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES PAID BY THE CLIENT TO 64.396.415 YASMIM DE OLIVEIRA DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Exceptions: Nothing in this section limits liability for (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any liability that cannot be excluded or limited by applicable law.
The Client agrees to indemnify, defend, and hold harmless 64.396.415 Yasmim de Oliveira, its officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorney fees) arising from: (a) Client's breach of this Agreement; (b) unauthorized use of Deliverables; (c) claims that Client Materials infringe on third-party rights; or (d) Client's violation of applicable laws.
64.396.415 Yasmim de Oliveira agrees to indemnify the Client against claims that custom Deliverables (excluding Client Materials and Third-Party Materials) infringe on third-party intellectual property rights, and against claims arising from 64.396.415 Yasmim de Oliveira's gross negligence or willful misconduct.
Either party may terminate this Agreement for convenience with thirty (30) days' written notice. In such case, the Client shall pay for all Services satisfactorily performed and Deliverables completed through the termination date, plus any non-cancellable third-party commitments, plus a termination fee equal to 10% of the remaining project balance.
Either party may terminate immediately for: (a) material breach that remains uncured after fifteen (15) days' written notice; (b) the other party's insolvency, bankruptcy filing, or assignment for benefit of creditors; or (c) cessation of business operations.
64.396.415 Yasmim de Oliveira may immediately suspend work for: (a) payments overdue by more than fifteen (15) days; (b) Client failure to provide required materials or feedback for more than twenty (20) business days; or (c) legal, regulatory, or security concerns.
Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including natural disasters, epidemics or pandemics, acts of war or terrorism, government actions, labor disputes, utility failures, cyberattacks, and other events outside the parties' control.
The affected party must promptly notify the other party and use reasonable efforts to mitigate the impact. If a Force Majeure event continues for more than sixty (60) consecutive days, either party may terminate without liability, with the Client paying for satisfactorily performed Services and expenses incurred.
This Agreement shall be governed by and construed in accordance with the laws of the State of São Paulo, United States, without regard to its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
Any legal action arising from this Agreement shall be brought exclusively in the state or federal courts located in Jundiaí, São Paulo. Both parties consent to the personal jurisdiction of these courts and waive any objections to venue.
The parties shall first attempt to resolve any dispute through good-faith informal negotiation within thirty (30) days. Senior representatives from both parties shall be designated to meet in person or via video conference.
If informal negotiation fails, the parties agree to non-binding mediation administered by a mutually agreed mediator or by JAMS in Jundiaí, São Paulo. Costs shall be shared equally. The mediation process shall be completed within forty-five (45) days.
If mediation fails, disputes shall be resolved through binding arbitration administered by JAMS under its Comprehensive Arbitration Rules, conducted by a single arbitrator in Jundiaí, São Paulo. The arbitrator's decision shall be final and binding. Each party shall bear its own attorney fees unless the arbitrator determines that a claim was frivolous.
64.396.415 Yasmim de Oliveira reserves the right to modify these Terms of Service at any time, effective immediately upon posting the updated version on our website with a revised "Last Updated" date. Existing clients will receive fifteen (15) days' email notice of material changes.
If any provision of this Agreement is found to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable. If modification is not possible, the provision shall be severed without affecting the validity of the remaining provisions.
This Agreement, together with all Project Agreements, constitutes the entire agreement between the parties and supersedes all prior negotiations, understandings, and agreements. No waiver of any provision shall be effective unless in writing and signed by an authorized representative. Failure to enforce any provision shall not constitute a waiver of future enforcement.
For questions about these Terms, please contact:
64.396.415 Yasmim de Oliveira
Rua Ricardo Gobbo, 509
Jundiaí, São Paulo 13203-554
Phone:
Email: support@activewellnesspulse.site
CNPJ: 64.396.415/0001-09
Business Hours: Monday - Friday, 9:00 AM - 6:00 PM PST
Legal notices should be sent via certified mail or overnight courier to the address above, attention "Legal Department", or via email with confirmation of receipt.