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Terms of Service

Effective date: April 26, 2026

1. General Provisions

These Terms of Use ("Terms") govern access to and use of the website digitalkitty.studio (the "Site"), operated by Denis Kosolapov, trabalhador independente in Portugal (the "Studio", "we", "us", or "our").

Studio details:

  • Denis Kosolapov, trabalhador independente in Portugal
  • NIF: 323 689 051
  • Address: Rua Dr. Manuel de Arriaga, 1, 2.º D, 2780-132 Oeiras, Portugal
  • Email: hello@digitalkitty.studio
  • Phone: +351 936 918 302

By accessing the Site, you (the "User") confirm that you have read these Terms and agree to be bound by them. If you do not agree, please do not use the Site.

These Terms govern only the use of the Site and do not constitute a service agreement. The provision of services by the Studio (development, CRM implementation, consulting, support, white-label engagements) is governed by a separate written agreement entered into between the Studio and the Client.

2. Target Audience — B2B

The Site is intended for legal entities, sole traders, and their authorised representatives interested in the Studio's services. The Studio operates exclusively on a business-to-business (B2B) basis. Consumer protection rules under Decree-Law No. 24/2014 (distance contracts with consumers) and EU Directive 2011/83/EU on consumer rights do not apply to engagements with the Studio.

By using the Site, the User confirms that:

  • they are at least 18 years old and legally capable of entering into binding contracts;
  • they are acting on behalf of a legal entity, sole trader, or in another professional capacity;
  • the information they provide is accurate and current;
  • they use the Site only for lawful purposes.

3. Intellectual Property

The Site and all of its content — software code, design, text, graphics, photographs, video, databases, the "Digital Kitty" trademark, and logos (the "Content") — are the intellectual property of the Studio or are used by the Studio under valid licences. Rights are protected by Portuguese Decree-Law No. 63/85 (the Code of Copyright and Related Rights), Decree-Law No. 252/94 (legal protection of computer programs), Industrial Property Code (Decree-Law No. 110/2018), Directive (EU) 2019/790 on copyright in the Digital Single Market, and other applicable EU and international law.

Without prior written consent of the Studio, the User may not:

  • copy, reproduce, distribute, modify, publicly communicate, or otherwise use the Content for commercial purposes;
  • use the Studio's trademarks, logos, or trade names;
  • create derivative works based on the Content;
  • remove or alter copyright notices or other proprietary markings on the Content.

The Studio's case studies and portfolio showcase examples of completed projects. Intellectual property rights to deliverables produced for clients are governed by the relevant service agreement; typically, exclusive rights transfer to the client upon full payment.

4. Acceptable Use

The User agrees not to:

  • use the Site in violation of any applicable law (Portuguese, EU, or otherwise);
  • attempt to gain unauthorised access to the Site, our servers, networks, or databases;
  • use automated tools (bots, scripts, scrapers) for systematic data extraction without our written consent;
  • engage in actions intended to disrupt the Site (DDoS attacks, malware, abuse of forms);
  • submit through forms any content that infringes third-party rights, contains threats, harassment, hate speech, or unsolicited commercial messages (spam);
  • use the Site to advertise or offer goods or services without the Studio's consent.

5. Inquiries and Pre-Contract Discussions

Inquiries submitted via the Site do not constitute a binding offer and do not oblige the Studio to enter into an agreement. The price, scope, timeline, and terms of services are determined through individual negotiation and recorded in a written service agreement.

The Studio reserves the right to decline cooperation without giving reasons.

6. Limitation of Liability

The Site is provided on an "as is" and "as available" basis. We do not warrant:

  • uninterrupted or error-free operation of the Site;
  • absolute security against unauthorised third-party access;
  • the accuracy, completeness, or current relevance of all information on the Site at any given time;
  • that the Site will meet the User's specific requirements.

To the fullest extent permitted by Portuguese and EU law, we are not liable for:

  • indirect, incidental, consequential, or punitive damages, including loss of profits, loss of revenue, or loss of data, arising from the use of or inability to use the Site;
  • the content of third-party websites linked from the Site;
  • consequences of third-party actions related to unauthorised access to User data.

Nothing in these Terms excludes or limits our liability for fraud, gross negligence, or wilful misconduct, or any liability that cannot be excluded under applicable law.

7. Personal Data

The processing of personal data submitted through the Site is carried out in accordance with the Privacy Policy, the GDPR (Regulation (EU) 2016/679), and Portuguese Law No. 58/2019.

8. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Portugal, with the exclusion of conflict-of-laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

The parties shall first attempt to resolve disputes through good-faith negotiation. The party considering its rights infringed shall send a written notice to the other; the response period is 30 (thirty) calendar days from receipt.

If the dispute cannot be resolved amicably, the courts of the Comarca de Lisboa Oeste — Oeiras (Portugal) shall have exclusive jurisdiction, except where mandatory rules of EU procedural law (Brussels Ia Regulation, EU 1215/2012) provide otherwise.

For engagements governed by separate service agreements, the dispute resolution clause of the relevant agreement prevails.

9. Changes to the Terms

We may amend these Terms at any time. The current version is published on the Site with the effective date at the top. Continued use of the Site after publication of the changes constitutes acceptance of the new version.

10. Termination of Access

We reserve the right, without prior notice and without liability, to:

  • restrict or terminate User access to the Site in case of violation of these Terms;
  • remove user-submitted content posted in violation of law or these Terms;
  • cooperate with law enforcement and disclose available information when legally required.

11. Final Provisions

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect. The original version of these Terms is in English. Translations into other languages are provided for convenience; in case of discrepancy, the English version prevails.

12. Contact Information

For matters related to the Site or these Terms: