LEGAL DOCUMENT · CONDITIONS OF USE
Terms of use.
Rules and conditions governing access to Nextside's website and consulting services. Please read carefully before using any feature. This agreement is governed by Brazilian law.
01Acceptance of terms
By accessing or using the nextside.tech website and/or contracting any Nextside service, you declare that you have read, understood, and fully agreed to these Terms of Use. If you do not agree with any provision, immediately cease using the website and services.
Nextside reserves the right to update these terms at any time. The version in force will always be the one published on this page, with the date of last update indicated above.
02Definitions
For the purposes of this document, the following definitions apply:
- Site — the nextside.tech domain and all of its subpages.
- Services — software consulting, development, discovery, sprint zero activities, and any technical deliveries carried out by Nextside.
- Deliverables — source code, documentation, prototypes, reports, and other artifacts produced within the scope of a project.
- Proposal — commercial document detailing scope, timeline, investment, and specific conditions of a project.
- Agreement — instrument signed between the parties that formalizes the Proposal and incorporates these Terms of Use.
03Site usage
The user agrees to use the site lawfully and in compliance with Brazilian legislation. The following are expressly prohibited:
- Attempting to access restricted areas, internal systems, or data of other users without authorization.
- Performing reverse engineering, automated scraping, or any form of unauthorized content extraction.
- Inserting or transmitting malicious code, viruses, or any component that compromises the integrity of the site.
- Using the site for illegal, defamatory, discriminatory purposes, or in any way that violates the rights of third parties.
Nextside reserves the right to block access and IP addresses that violate these rules, without prior notice.
04Consulting services
Information about services presented on the site is informational in nature and does not constitute a binding offer. The specific details of each project — scope, timeline, investment, and responsibilities — are defined exclusively in the commercial Proposal.
The Proposal governs the relationship between the parties. In case of conflict between the content of the site and the signed Proposal, the Proposal shall prevail.
05Scope, timeline, and delivery
Nextside operates with a fixed scope: what is in the Proposal is what will be delivered. Scope changes after signing will be handled as addenda, with renegotiated timeline and investment.
Client responsibilities
- Provide access, credentials, and necessary information within agreed deadlines.
- Designate a point of contact with authority to approve deliveries and make product decisions.
- Perform validation of deliverables within the timeframe stipulated in the Proposal; failure to respond within the deadline constitutes tacit acceptance.
Nextside responsibilities
- Deliver artifacts as specified in the Proposal, within the agreed timeline.
- Maintain transparent communication regarding progress, risks, and impediments.
- Ensure that all delivered code undergoes senior human review before being merged.
06Fees, payment, and taxes
The amounts, payment conditions, and billing schedule are those defined in the Proposal. Unless otherwise stated, payments must be made via bank slip (boleto) or wire transfer, within the deadlines stipulated therein.
Late payments incur a 2% penalty on the amount due, plus interest of 1% per month, without prejudice to the suspension of services until regularization. All amounts are expressed in Reais (BRL) and do not include applicable taxes, which will be detailed on the invoice.
Nextside does not charge surprise fees. Any additional cost — whether due to scope changes, timeline extensions, or supplementary services — is communicated in advance, justified, and accepted by the Client before any charge is made.
07Intellectual property
Client material
All material provided by the Client (trademarks, content, data, APIs) remains the exclusive property of the Client. Nextside uses such material solely for the execution of the contracted project.
Deliverables
Upon full payment of amounts due, the Deliverables are assigned to the Client on a definitive and irrevocable basis, with the following caveats:
- Pre-existing components — libraries, frameworks, and modules owned by Nextside used in the Deliverables are licensed to the Client on a perpetual, non-exclusive, and non-transferable basis.
- Open-source software — third-party components retain their original licenses (MIT, Apache, etc.), and the Client is responsible for observing the respective terms.
- Know-how and methodology — Nextside's processes, internal tools, and know-how are not transferred and remain the property of Nextside.
Brand and portfolio
Unless objected to in writing, Nextside may include the Client's name and logo in its portfolio and institutional materials, in a descriptive and non-commercial manner.
08Confidentiality
Both parties agree to keep confidential all confidential information received during the term of the project, for a period of 5 (five) years from the date of disclosure.
The following are not considered confidential:
- Information that is or becomes publicly available without breach of this term.
- Information already known to the receiving party prior to disclosure, demonstrably so.
- Information lawfully received from third parties, without confidentiality restrictions.
- Information that must be disclosed by legal, judicial, or regulatory determination, with prior notice to the disclosing party when permitted.
09Use of artificial intelligence
Nextside uses artificial intelligence tools as a productivity lever — not as a substitute for human judgment. The principle is clear: AI as leverage, not as a shortcut.
To ensure quality and security, the following safeguards apply:
- No AI-generated code is incorporated into the project without review and approval by a senior engineer.
- Confidential Client data is not sent to third-party AI services without explicit and prior consent.
- The Client will be informed about the use of AI tools in the project and may request additional restrictions at any time.
10Warranties and limitation of liability
Nextside provides a warranty of 30 (thirty) consecutive days after final delivery for the correction of defects — defined as behavior that diverges from the specification approved in the Proposal. Adjustments outside the original scope, new features, or changes to requirements are not covered by the warranty.
The site is provided "as is" (as is), without warranties of uninterrupted availability, absence of errors, or fitness for a particular purpose.
Nextside's total liability, for any cause related to the agreement, is limited to the amount actually paid by the Client over the last 12 (twelve) months. Neither party shall be liable for indirect, incidental, consequential damages, or lost profits.
11Term and termination
The agreement remains in force for the term defined in the Proposal and may be terminated under the following modalities:
- Mutual termination — at any time, by written agreement between the parties, with definition of remaining responsibilities.
- Termination for cause — in the event of material breach of any clause, upon notification with a 10 (ten) day period for cure.
- Unilateral termination — either party may terminate without cause, upon 30 (thirty) days prior notice, with proportional payment for services already rendered.
The clauses on confidentiality, intellectual property, limitation of liability, and general provisions survive termination.
12General provisions
- Severability — the invalidity of any provision does not affect the validity of the others.
- Non-waiver — one party's tolerance of the breach of any obligation does not imply waiver of the right to enforce it in the future.
- Assignment — neither party may assign its rights or obligations without prior written consent of the other, except in case of corporate reorganization.
- Communications — formal notices must be sent by email to the addresses designated in the Proposal, with confirmation of receipt.
- Jurisdiction — the parties elect the courts of São Paulo/SP (Brazil) to settle any disputes arising from these Terms, waiving any other, however privileged.
For questions about data privacy, write to privacidade@nextside.tech. For other matters, contact us at contato@nextside.tech.