Terms of Service

1. General Terms

These Terms of Service govern the relationship between Pro Digital Key, with registered office at Rua Professor Doutor Egas Moniz, 100, 3860-078 Avanca, Estarreja, Aveiro, Portugal (NIF: PT226673219), and any natural or legal person (hereinafter "Client") who contracts our services.

By contracting any service from Pro Digital Key, the Client declares that they have read, understood and fully accepted these Terms of Service. Should the Client disagree with any of the conditions described herein, they must refrain from using our services.

2. Services Provided

Pro Digital Key is a digital agency specialising in the following services:

• ✓ Website and online store creation and development
• ✓ Business process automation
• ✓ Digital consulting and strategy
• ✓ Artificial Intelligence solution implementation
• ✓ Social media management and digital marketing
• ✓ SEO (search engine optimisation)
• ✓ Technology and AI training and workshops
• ✓ Data analysis and Business Intelligence

The specific scope of each project is defined in the commercial proposal or service agreement agreed between the parties. Any additional services outside the initial scope will be quoted separately.

3. Client Responsibilities

For the proper execution of the contracted services, the Client agrees to:

• ✓ Provide all content, materials, text, images and information necessary for the project development in a timely manner
• ✓ Ensure that all materials provided are owned by the Client or that the Client holds legal authorisation for their use
• ✓ Respond to validation and approval requests within the agreed deadlines
• ✓ Designate a point of contact responsible for communication with Pro Digital Key
• ✓ Meet the established payment deadlines

Delays in the delivery of materials or in the approval of stages by the Client may result in the extension of project delivery deadlines, without any liability on the part of Pro Digital Key.

4. Intellectual Property

Ownership of intellectual property rights in works developed by Pro Digital Key is governed by the following regime, in accordance with the Portuguese Code of Copyright and Related Rights (CDADC) and Article 1154 and following of the Portuguese Civil Code (service provision):

4.1 Final deliverables — Upon full payment of the contracted services, and at the date of final delivery, all proprietary rights over the code, design, documentation, automations and other deliverables developed specifically for the project are transferred to the Client. The Client may thereafter use, modify, redistribute or license the deliverables to third parties without authorisation from or notice to Pro Digital Key.

4.2 Reservation over generic technical components — Pro Digital Key reserves the right to reuse, in its own future projects or for other clients, the generic technical components it produced or consolidated during the project — including internal libraries, architectural patterns, helpers, test scaffolding, baseline configurations and other reusable code blocks that do not constitute the final delivered product. This reservation operates as know-how and rights over preexisting technical components (cf. CDADC, Art. 14(2), and the general principles of freedom to conduct business).

4.3 Limits of reuse — In all cases, the reuse referred to in 4.2 may not involve:

• ✓ Confidential data, trade secrets, specific business logic, operational configurations, credentials or end-customer data of the original Client.
• ✓ Branding, trademarks, visual identity, editorial content or graphical material supplied or produced for the Client.
• ✓ Any information covered by a non-disclosure agreement (NDA) or expressly marked as confidential by the Client.

4.4 Third-party software — Third-party software licences used in the project (frameworks, open-source libraries, SaaS services, plug-ins, typographic fonts, stock images, etc.) are governed by their own terms and are not transferred to the Client.

4.5 Internal works — Works, tools and products developed by Pro Digital Key for its own internal use, demonstration or portfolio remain entirely the property of Pro Digital Key.

4.6 Portfolio — Pro Digital Key reserves the right to mention the project carried out for portfolio and commercial promotion purposes (in particular, the Client's name, a brief description of the work, and images of the public-facing final result), unless the Client has expressly forbidden such use in writing.

5. Payments and Invoicing

5.1 General rule — payment on issue. Unless otherwise agreed in writing, invoices issued by Pro Digital Key are due on a payment-on-issue basis — that is, on the issue date of the invoice or, as agreed in the commercial proposal, at the moment of service delivery.

5.2 Extended terms. Extended payment terms (e.g. 15, 30, 60 or 90 days from invoice date) apply only when expressly agreed in writing between the parties — in particular by way of signed commercial proposal, executed contract, or explicit acceptance by email. In the absence of a written agreement on extended terms, the payment-on-issue rule of 5.1 applies.

5.3 Phased payments. For larger projects, the commercial proposal may provide for phased payments associated with milestones or partial deliveries; in that case, each instalment is due on the terms above, counted from the date of its corresponding invoice.

5.4 VAT. All invoices are issued with VAT at the prevailing statutory rate (Article 18 of the Portuguese VAT Code).

5.5 Consequences of late payment. Under Portuguese Decree-Law No. 62/2013 of 10 May, which transposes Directive 2011/7/EU on combating late payment in commercial transactions, late payment of invoices entitles Pro Digital Key to:

• ✓ Default interest at the statutory rate applicable to commercial transactions (Article 102 of the Portuguese Commercial Code in conjunction with DL 62/2013), accruing from the due date until full payment.
• ✓ A fixed compensation for recovery costs of at least € 40, without further notice (Article 7(1) of DL 62/2013).
• ✓ Reasonable indemnification for any further out-of-court or judicial recovery costs incurred (Article 7(3) of DL 62/2013), including lawyer's fees and court costs.
• ✓ The right to suspend the provision of ongoing services, without prejudice to the Client's obligation to settle outstanding amounts.

After expiry of the payment term, Pro Digital Key reserves the right to pursue out-of-court (registered-mail notice, mediation) or judicial procedures (payment injunction, declaratory action) to collect the amounts owed, with all costs borne by the debtor.

6. Cancellation and Refund

Either party may cancel the contracted service by means of written communication. The cancellation conditions are as follows:

• ✓ Before the project begins: full refund of the amount paid
• ✓ During execution: the Client is responsible for payment proportional to the work already completed. Deliverables already finished and approved are handed over to the Client
• ✓ After final delivery: no refund is applicable after approval and delivery of the work

Recurring services (maintenance, social media management, SEO, etc.) may be cancelled with a minimum notice period of 30 days before the next billing cycle.

7. Limitation of Liability

Pro Digital Key is committed to delivering services with the utmost diligence and professionalism. However:

• ✓ We do not guarantee specific business results (sales volume, search engine rankings, etc.), as these depend on multiple external factors
• ✓ We are not liable for failures, interruptions or data loss caused by third-party services (hosting, domains, payment platforms, etc.)
• ✓ The total liability of Pro Digital Key is limited to the total amount paid by the Client for the service in question
• ✓ We are not liable for indirect, consequential or loss-of-profit damages

The Client is responsible for maintaining backups of their data and content, as well as for the timely renewal of domains and hosting services contracted.

8. Data Protection (GDPR)

Pro Digital Key fully complies with the General Data Protection Regulation (GDPR — Regulation (EU) 2016/679) and applicable Portuguese legislation on personal data protection.

• ✓ The Client's personal data is processed exclusively for the execution of the contracted services
• ✓ We do not share data with third parties without consent, except where necessary for the provision of the service or as required by law
• ✓ We apply appropriate technical and organisational measures to protect data
• ✓ The Client may exercise their rights of access, rectification, erasure, portability and objection at any time

For more information about how we process your personal data, please refer to our Privacy Policy.

9. Changes to These Terms

Pro Digital Key reserves the right to update these Terms of Service at any time. Changes take effect upon publication on this page. Significant changes will be communicated to active clients by email at least 15 days in advance.

Continued use of our services after the publication of changes constitutes acceptance of the new terms.

10. Contact

Pro Digital Key
Rua Professor Doutor Egas Moniz, 100
3860-078 Avanca · Estarreja · Aveiro · Portugal
NIF: PT226673219
Email: [email protected]
Phone: +351 928 268 011

These terms are governed by Portuguese law. For the resolution of any dispute arising from these terms, the courts of the district of Aveiro shall have jurisdiction.