Terms of Service

1. Acceptance of Terms

By accessing or using the Fenix DFA platform (“Service”), you agree to these Terms of Service (“Terms”). If you do not agree, you must not use the Service. Fenix DFA reserves the right to update or modify these Terms at any time. Continued use of the Service after updates constitutes acceptance.

2. Service Description

Fenix DFA provides a technology-agnostic SaaS platform for data resilience, backup management, incident tracking, and compliance reporting. The Service integrates with existing backup systems to enhance visibility, simplify audits, and strengthen operational resilience.

3. Eligibility

You must be at least 18 years old and authorized to represent your organization when subscribing to or using the Service.

4. User Responsibilities

Ensure accurate information is provided during registration.
Use the Service only for lawful purposes and in compliance with applicable regulations (e.g., GDPR, DORA, NIS2, HIPAA).
Maintain the security of account credentials and notify Fenix DFA immediately of unauthorized use.

5. Intellectual Property

All rights, titles, and interests in the Service, including software, trademarks, logos, and documentation, remain the property of Fenix DFA. You are granted a limited, non-exclusive, non-transferable license to use the Service during the subscription term.

6. Data Ownership and Security

Your organization retains ownership of its data. Fenix DFA acts as a processor under applicable data protection laws, implementing appropriate safeguards to ensure data confidentiality, integrity, and availability.

7. Service Availability

Fenix DFA aims to maintain high availability but does not guarantee uninterrupted service. Planned maintenance and unforeseen downtime may occur.

8. Compliance

Users are responsible for ensuring their use of the Service complies with all applicable laws and industry regulations. Fenix DFA provides compliance-ready features to assist with, but not guarantee, regulatory adherence.

9. Limitation of Liability

To the maximum extent permitted by law, Fenix DFA is not liable for indirect, incidental, or consequential damages arising from the use of the Service.

10. Termination

Fenix DFA may suspend or terminate access to the Service if these Terms are violated or if required by law.

11. Governing Law

These Terms are governed by the laws of Brazil, without regard to conflict-of-law principles, unless otherwise required by mandatory local regulations.

Effective Date: June 1, 2025

Contact: contact@fenixdfa.com