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Probatum

Terms of service

Draft. This page is a draft for review, not the final legal text (open question OQ-2). Highlighted items in brackets are placeholders: values not yet filled in, or clauses a lawyer must review.

Who you contract with

These terms are a contract between you and 50.302.917 ARTHUR BALBOA DE MEDEIROS MARTINS, CNPJ [confirm: 50.302.917/0001-19 (check digits computed from the CNPJ base, not read from a register)], Rua Walter Duarte Pereira, 1524, 59082-470 Natal/RN, Brazil ("we").

Business customers only

We sell only to businesses, for use in their trade or profession. By ordering, you confirm that you are buying as a business. If you are in the EU, you also confirm that the VAT number you give at checkout is valid.

[LAWYER: check that a B2B-only clause and checkout-time VAT number collection are enough to exclude consumer rules, including the 14-day right of withdrawal under Directive 2011/83/EU and the Brazilian consumer code (CDC).]

The service

One order covers the analysis of one Linux-based firmware image. You receive:

We deliver within 10 working days after your upload is complete. An operator reviews the automated results and signs off on them before delivery.

[LAWYER: define "working day". Proposed: Monday to Friday, excluding Brazilian national public holidays. Also define when the period starts (the time the upload completes).]

Price and payment

The price is €390 per firmware image, net. You pay in advance at checkout, by card, through Stripe.

We do not add VAT. You receive an invoice that shows your VAT number and is marked "Reverse charge". If you are in the EU, you account for the VAT yourself (Article 196 of Directive 2006/112/EC).

[LAWYER/ACCOUNTANT: confirm the reverse-charge wording for customers outside the EU, and who bears bank or currency-conversion fees]

Refunds

You get a full refund in either of these cases:

There are no refunds in any other case.

[LAWYER: say how to claim a refund, the deadline for claiming, and the time we have to pay it.]

What the report is

The report is technical evidence about one firmware image, at the date of the vulnerability database snapshot it names. It is not a certification. It is not legal advice. It is not a conformity assessment under the Cyber Resilience Act (Regulation (EU) 2024/2847). You stay responsible for your own CRA obligations.

Findings marked not_triaged, and components outside the analysis scope, are listed as such. The report makes no claim about them.

Your firmware

You confirm that you have the right to share the image with us for this analysis. We use it only for your order. We never run it on our systems. We delete it as described in the privacy policy.

[LAWYER: add confidentiality obligations for the firmware and the report, and explain how they relate to a data processing agreement if one is needed (see the privacy policy).]

Liability

[LAWYER: draft the liability clause. Proposed: liability capped at the price paid for the order. Exclude indirect and consequential loss, such as loss from a vulnerability the report did not identify. Keep the exceptions that cannot be excluded by law (intent, gross negligence). Check that it is enforceable under the governing law chosen below.]

Governing law and jurisdiction

[LAWYER: choose the governing law and the courts or arbitration for disputes (Brazilian law with a Brazilian forum, or an alternative that EU business customers will accept).]

Changes

We may change these terms for future orders. The terms in force when you placed your order apply to that order.