Terms and conditions of use of the SECURE BOX

1. Object

These TERMS AND CONDITIONS OF USE (hereinafter referred to as "Terms and Conditions") apply to CAIXA SEGURA - Sistema de Gestão de Denúncias (hereinafter referred to as "CAIXA SEGURA") which JAVALI - Administração e Desenvolvimento de Sistemas Informáticos, Lda, a Portuguese company registered with NIPC no. 506206173, with registered office at Madan Parque, Rua dos Inventores, 2825-182 Caparica-Portugal (hereinafter "JAVALI") provides to the customer (hereinafter "Customer") in accordance with these Terms and Conditions.

2. Licence and use of the platform

2.1 The CAIXA SEGURA platform is a digital solution provided by JAVALI that allows subscribing entities to provide a secure and Law 93/2021-compliant channel for receiving and managing complaints.
On acceptance of these Terms and Conditions and payment of the relevant subscription, JAVALI grants the Customer a non-exclusive, non-transferable licence of use limited to the contractual duration, exclusively for the internal purposes of its organisation. Access is permitted to users authorised by the Customer, in accordance with the plan subscribed to.

2.2 The licence granted is exclusively for use by the Customer and its employees or direct service providers, insofar as this is necessary to operate the reporting channel. Redistribution, sublicensing or use for the benefit of third parties is not permitted without the express written authorisation of JAVALI.

2.3 If a test or demonstration period has been granted, the licence to use will only be valid for that period, for evaluation purposes. Unless a subscription contract is signed by the end of the trial period, access will be automatically suspended. During the trial period the same support obligations, SLA or data continuity are not guaranteed.

3. Technical requirements

3.1. The CAIXA SEGURA platform is available in a SaaS (Software as a Service) model and is accessible via an Internet connection using the most common browsers (e.g. Google Chrome, Mozilla Firefox, Microsoft Edge, Safari).

3.2 JAVALI is not responsible for technical limitations resulting from the Customer's environment (e.g. firewalls, outdated browser versions or script blockers).

4. Limitations of use

4.1. The rights of use granted under these Terms and Conditions are: non-exclusive, non-transferable and limited to the contracting organisation. The Customer may not, unless expressly authorised in writing by JAVALI: (i) Distribute, sub-license, rent, lease, lend or resell access to the platform, in whole or in part; (ii) Allow the use of the platform by third parties outside its organisation, except for service providers contractually bound for this purpose.
If the Customer is part of a corporate group and wishes other companies in the group to use the system, this must be identified in advance and agreed with JAVALI, with the applicable terms extending to all entities involved.

4.2. The Customer undertakes to use the platform lawfully, diligently and responsibly, respecting the rights of third parties, namely:

A. Intellectual property rights,

B. Privacy and data protection rights,

C. Prohibition of abusive, illegal or fraudulent use.

The Client must ensure that the users it authorises do not share illegal content, violate confidentiality rules or improperly access the platform's features.

4.3. The Client is expressly prohibited, directly or indirectly:
A. Reverse engineer, decompile, disassemble or attempt to access the platform's source code;

B. Bypass security mechanisms or technical limitations;

C. Modifying or integrating the system with other applications without JAVALI's authorisation.

4.4 JAVALI reserves the right to audit compliance with this clause and to suspend access to the platform in the event of a breach of these conditions or non-payment after the first notice of non-compliance.
Suspension will be preceded by notification by email, except in cases of serious breach of security or the law, in which case suspension may be immediate.

5. Changes and updates

5.1. JAVALI reserves the right to update, modify or improve the CAIXA SEGURA platform in order to maintain its legal compliance, security, performance or usability.
Where such changes have a significant impact on the way the Customer uses the system, prior notice will be given at least 20 days in advance.

If the Customer considers that the change significantly impairs the contracted service, they may opt to terminate the subscription at the end of the notice period, with a proportional refund of the annual fee paid and not used.

5.2 The Customer may request changes or additional functionalities to the platform. JAVALI will analyse the technical and commercial feasibility of these changes, but is not obliged to implement them, unless there is a specific contractual agreement (e.g. "Enterprise" plan with tailor-made development).

6. Prices and payments

6.1 The Customer must pay the amounts defined in the plan subscribed to, in accordance with the current price list published on the website or in a previously accepted contractual proposal.
JAVALI may update prices annually, with a limit of 10 per cent per year, except in the event of a legal change that implies additional charges (e.g. VAT, digital tax). The Customer will be informed at least 30 days in advance.
 

6.2 Services are invoiced by subscription periods:

  • Annually according to the chosen plan;
  • The first invoice is issued upon acceptance of the subscription;
  • Renewals are automatic unless the Customer gives notice of cancellation at least 15 working days before the end of the period.

6.3 Invoices must be paid within 14 days of issue. In the event of late payment, a late payment penalty will be applied at the applicable legal rate and access to the platform may be suspended until the situation is regularised, after prior notification by email.

7. Support

7.1 Each subscription plan for the CAIXA SEGURA platform includes an associated level of technical support - namely normal, priority, dedicated or tailor-made support - as described in the respective commercial conditions.

These support levels vary, namely in terms of response time, priority in the service queue, available contact channels and the possibility of support outside normal hours. Specific details can be found in the respective contract or commercial proposal.

Requests will be dealt with as quickly as possible and no fixed response time is guaranteed, unless there is a specific agreement in the contracted SLA.

8. Service level agreement (SLA)

8.1. JAVALI undertakes to keep the platform operational continuously.
There may, however, be periods of unavailability due to scheduled maintenance (preventive, corrective or evolutionary), or due to factors beyond the company's control.
Whenever possible, the Customer will be notified in advance of interventions that may affect the availability of the system.

9. Backup copies

9.1 JAVALI makes automatic, encrypted backup copies of the data hosted on each instance.The backups are kept in a secure environment and in accordance with recognised security practices.

Each subscription plan determines a different periodicity for making backup copies - half-yearly, quarterly, monthly or weekly - as applicable.

9.2 The data will be kept for up to 3 months after the end of the subscription, after which it will be deleted, unless otherwise agreed with the Customer.

10. Intellectual property

10.1 The Customer acquires a limited, non-exclusive and non-transferable right to use the CAIXA SEGURA platform for the duration of their subscription. All intellectual property rights to the system, contents, manuals, videos, documentation and other related materials belong exclusively to JAVALI.

10.2 All data entered into the platform belongs to the Customer. JAVALI may not delete or access this data without the express authorisation of the Customer, except in compliance with legal obligations. JAVALI may, however, use anonymised statistical data (e.g. number of cases, categories, volume of use) for the purposes of improving the product.

10.3 The Customer declares that it has all legal rights to the data and materials it enters or uploads to the platform, guaranteeing that they do not violate the rights of third parties.

10.4 The Customer authorises JAVALI to use its logo exclusively for commercial reference purposes (e.g. website, commercial presentations), unless otherwise indicated in writing.

11. Protection of personal data

11.1 JAVALI acts as a subcontractor in the processing of personal data entered into the platform, with the Customer being the data controller, under the terms of the GDPR. The processing of personal data will be carried out in accordance with the following conditions:

  • JAVALI will only process the data on documented instructions from the Customer;
  • The data will be stored on servers located in the European Union;
  • JAVALI will adopt appropriate technical and organisational measures to ensure the security, integrity and confidentiality of the data;
  • JAVALI will ensure that its employees are subject to appropriate confidentiality duties;
  • In the event of a personal data breach, JAVALI shall notify the Customer without undue delay and shall co-operate in responding;
  • The Customer shall have the right to audit JAVALI's compliance with these obligations upon reasonable notice;
  • Secondary subcontractors used by JAVALI (e.g.: hosting) shall be subject to the same obligations.accommodation) shall be subject to the same contractual obligations, and the Customer shall be informed whenever there are any relevant changes. These obligations form an integral part of this contract and comply with Article 28 of the GDPR.

11.2 No additional payment will be required for JAVALI's collaboration in the fulfilment of obligations arising from the GDPR, except in complex, duly agreed cases.

12. Confidentiality

12.1 JAVALI undertakes to maintain the confidentiality of all information to which it has access in the context of providing the service, under the terms of the DPA and applicable data protection regulations.

13. Guarantee

13.1 JAVALI undertakes to make corrections and continuous improvements whenever errors or opportunities for improvement are identified. However, the total absence of faults or interruptions is not guaranteed.

13.2 Any additional guarantee or commitment must be set out in a written document signed by the parties.

14. Third party rights

14.1 All intellectual property rights in the platform and associated content are the exclusive property of JAVALI or its licensed suppliers.

14.2. JAVALI undertakes to defend the Customer against any well-founded claims by third parties relating to the infringement of intellectual property rights by the system. The Customer shall immediately notify JAVALI and collaborate in responding to the claim. If necessary, JAVALI may: (i) replace the infringing components; (ii) obtain licences for their use; or (iii) terminate the subscription with a pro-rata refund.

15. Liability

15.1 JAVALI's liability is limited to direct damage caused by gross negligence or wilful misconduct. Indirect damages, loss of profits, interruption of activity or loss of data will not be compensated.

15.2. JAVALI's maximum liability is limited to the amount paid by the Customer in the 12 months prior to the incident.

15.3 These limitations do not apply in the event of wilful misconduct or wilful breach of essential obligations.

16. Term and cancellation

16.1. The subscription lasts for 12 months and is automatically renewed for the same period, unless otherwise communicated.

16.2. The Customer may cancel the subscription 15 working days before the end of the contractual period. JAVALI may terminate the contract with 60 days' notice.

16.3 Non-payment or serious breach of obligations may lead to suspension or immediate termination.

17. Termination and data

17.1. Upon termination of the subscription, the Customer may request that the data be exported in a common format (CSV or equivalent). JAVALI will delete the Customer's data within a maximum period of 3 months, unless a longer period is required by law.

17.2. JAVALI may keep anonymised statistical data for the purposes of analysing and improving the service.

18. Applicable law and jurisdiction

18.1 These Terms are governed by Portuguese law.

18.2 In the event of a dispute, the Lisbon District Court shall have jurisdiction, expressly waiving any other court.

 

Last updated: 29 September 2025