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Website Terms

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Last Updated: March 27, 2026

Welcome to DiamWall! These Terms of Use ("Terms") govern your access to and use of the websites and online services operated by DIAMWALL, LDA, a company incorporated under Portuguese law, with registered office at R. Fialho de Almeida 14 2 esq, 1070-129 Lisboa, Portugal, trading as DiamWall ("DiamWall", "we", "us", or "our").

PLEASE READ THE FOLLOWING CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. These Terms, together with our Privacy Policy and Cookie Policy, govern your use of:

  • "Websites" — www.diamwall.com and any other websites that DiamWall operates and that link to these Terms; and
  • "Online Services" — DiamWall's products and services that are publicly available without a subscription or a DiamWall account.

If you do not agree to these Terms, you must not access or use our Websites or Online Services.

THESE TERMS DO NOT APPLY TO DIAMWALL PRODUCTS AND SERVICES PROVIDED UNDER THE SELF-SERVE SUBSCRIPTION AGREEMENT, OR ANY OTHER WRITTEN AGREEMENT SIGNED BETWEEN YOU AND DIAMWALL (IF APPLICABLE).

If there is a conflict between these Terms and any additional terms applicable to a specific Website or Online Service, the additional terms will control for that conflict.

DATA PROTECTION AND PRIVACY

The processing of personal data in connection with your use of our Websites and Online Services is governed by our Privacy Policy, which constitutes DiamWall's notice under Articles 13 and 14 of Regulation (EU) 2016/679 (the "GDPR") and applicable Portuguese data protection law (Law no. 58/2019 of 8 August). By using the Websites and Online Services, you acknowledge that you have read and understood our Privacy Policy.

The use of cookies and similar technologies is governed separately by our Cookie Policy.

1. ELIGIBILITY

By agreeing to these Terms, you represent and warrant to us that: (i) you are at least eighteen (18) years of age; (ii) you have not previously been suspended or removed from the Websites or Online Services; and (iii) your use of the Websites and Online Services complies with all applicable laws and regulations, including EU law and Portuguese law.

2. LICENSE GRANT TO DIAMWALL

By submitting, posting, or publishing your content, suggestions, enhancement requests, recommendations, feedback, information, data, or comments ("Content") to any Website or Online Service, you grant DiamWall a perpetual, irrevocable, worldwide, non-exclusive, royalty-free right and licence (with the right to sublicense) to use, incorporate, exploit, display, perform, reproduce, distribute, and prepare derivative works of your Content. You retain ownership of your Content; however, DiamWall may use your Content without payment to you.

By submitting Content, you represent and warrant that it does not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) defame or libel any third party.

GDPR Reservation: Notwithstanding the foregoing licence, nothing in this Section 2 limits or overrides any rights you hold as a data subject under the GDPR or applicable Portuguese data protection law, including the right to request erasure of your personal data under Article 17 GDPR and the right to withdraw consent under Article 7(3) GDPR. Where Content constitutes or contains personal data, DiamWall will process it in accordance with the Privacy Policy and applicable law.

3. INFRINGEMENT AND ABUSE

DiamWall operates as a pass-through network used to improve network performance and is not a hosting provider. Accordingly, DiamWall is not in a position to remove content from users' websites or their hosting services directly.

Copyright holders or their agents who are concerned with material served through DiamWall's network should submit a notification of claimed copyright infringement or other abuse through our form at DiamWall Abuse. Alternatively, you may send your complaint by post to:

DIAMWALL, LDA
Attn: Legal Department
R. Fialho de Almeida 14 2 esq
1070-129 Lisboa
Portugal

Please provide detailed information supporting your complaint together with a signed declaration attesting to its validity. Unless you have requested otherwise through the opt-out procedure on our abuse page, DiamWall may share copies of your notification or complaint with parties it considers appropriate, including the relevant DiamWall customer, their hosting provider, or website operator. For more information, visit DiamWall Abuse.

Any personal data included in an abuse report will be processed by DiamWall solely for the purpose of handling the complaint, in accordance with the GDPR and our Privacy Policy.

If you intend to automate the process of submitting abuse reports, you must request access to an abuse API token. If granted, you agree not to disclose the token to any person or entity other than your organisation's employees, and not to use the API or token in any manner prohibited under Section 7 below. DiamWall may suspend or revoke an abuse API token at any time at its reasonable discretion.

4. TERMINATION OF USE; DISCONTINUATION AND MODIFICATION OF THE WEBSITES AND ONLINE SERVICES

We may suspend or terminate your access to the Websites and/or Online Services where reasonably necessary, including for breach of these Terms, security or abuse risks, legal compliance, or protection of the Websites, Online Services, DiamWall, or third parties. Where reasonably practicable, we will provide prior notice. We may also modify or discontinue the Websites and/or Online Services, including by limiting certain features, provided that nothing in these Terms limits any mandatory rights you may have under applicable law.

Where termination or suspension relates to the processing of personal data, DiamWall will handle any resulting data deletion or retention in accordance with its Privacy Policy and applicable legal obligations.

5. THIRD-PARTY WEBSITES

The Websites and Online Services may contain links to third-party websites. Such websites are not under our control, and we are not responsible for their content or for any processing of your personal data carried out by those third parties. We encourage you to review the privacy notices of any third-party websites you visit.

6. OWNERSHIP; PROPRIETARY RIGHTS

The visual interfaces, graphics, design, compilation, information, data, computer code (including source code and object code), products, software, services, and all other elements of the Websites and Online Services ("Materials") are protected by applicable intellectual property and proprietary rights laws. All Materials are the property of DiamWall or our third-party licensors. Except as expressly authorised by DiamWall, you may not make use of the Materials. DiamWall reserves all rights to the Materials not expressly granted in these Terms.

7. PROHIBITED USES

As a condition of your use of the Websites and Online Services, you agree not to use them for any purpose that is unlawful or prohibited by these Terms, or in any manner that could:

  • damage, disable, overburden, or impair DiamWall servers, APIs, or networks;
  • interfere with any other party's use and enjoyment of the Websites or Online Services;
  • involve transmitting viruses, worms, Trojan horses, or other malicious code;
  • circumvent or exceed limitations on the Websites or Online Services or any API calls;
  • attempt to gain unauthorised access to any Websites, accounts, computer systems, or networks through hacking, password mining, or any other means;
  • obtain materials or information by means not intentionally made available through the Websites or Online Services; or
  • violate any applicable EU, Portuguese, or other national or international law or regulation, including any laws regarding the export of data or software.

8. INDEMNITY

You agree to defend, indemnify, and hold harmless DiamWall and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the "DiamWall Entities") from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with: (i) your access to or use of the Websites and Online Services; (ii) your violation of these Terms or any applicable law or regulation; (iii) your violation of any third-party right, including any intellectual property, confidentiality, or privacy right; or (iv) any dispute between you and any third party.

We reserve the right to assume exclusive control of any matter subject to indemnification by you, in which case you agree to cooperate with our defence. This indemnity does not limit any rights you may have as a consumer under mandatory applicable EU or Portuguese consumer protection law.

9. DISCLAIMERS; NO WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITES AND ONLINE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE DIAMWALL ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER MANDATORY APPLICABLE EU OR PORTUGUESE LAW, INCLUDING STATUTORY RIGHTS OF CONSUMERS.

10. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE DIAMWALL ENTITIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITES AND ONLINE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY.

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT DIAMWALL'S LIABILITY FOR: (i) DEATH OR PERSONAL INJURY CAUSED BY DIAMWALL'S NEGLIGENCE; (ii) FRAUD OR FRAUDULENT MISREPRESENTATION; (iii) ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER MANDATORY APPLICABLE EU OR PORTUGUESE LAW; OR (iv) ANY BREACH OF APPLICABLE DATA PROTECTION LAW, INCLUDING THE GDPR.

11. GOVERNING LAW AND JURISDICTION

These Terms are governed by and construed in accordance with the laws of Portugal, without regard to conflict-of-law principles. Any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity or termination, shall be subject to the exclusive jurisdiction of the courts of Lisbon, Portugal.

If you are a consumer resident in another EU Member State, nothing in these Terms affects your right to rely on any mandatory protective provisions of the law of the country in which you are habitually resident, or to bring proceedings before the courts of that country.

For out-of-court consumer dispute resolution, EU residents may use any competent ADR body available under applicable law. The European Commission\'s former Online Dispute Resolution (ODR) platform is no longer available.

12. CHANGES TO THESE TERMS

DiamWall reserves the right to modify these Terms at any time. Revised Terms will be posted to this Website with an updated "Last Updated" date. Unless otherwise specified, modifications take effect on the date they are posted. Where required by applicable law, we will provide reasonable prior notice of material changes. If you do not agree with the revised Terms, your sole remedy is to discontinue your use of the Websites and Online Services.

13. GENERAL

These Terms, together with the Privacy Policy, Cookie Policy, and any other agreements expressly incorporated by reference, constitute the entire agreement between you and DiamWall regarding your use of and access to the Websites and Online Services.

You may not assign or transfer these Terms or any rights hereunder, in whole or in part, without our prior written consent. DiamWall may assign these Terms at any time without notice. The failure by DiamWall to require performance of any provision does not affect its right to require performance at any time thereafter, nor does any waiver of a breach constitute a waiver of any subsequent breach or of the provision itself.

If any part of these Terms is held to be invalid or unenforceable under applicable law, that part will be given effect to the greatest extent permitted, and the remaining provisions will remain in full force and effect.

Upon termination of these Terms, any provision that by its nature should survive will continue to apply, including Sections 2, 6, 7, 8, 9, 10, 11, and 13.

CONTACT INFORMATION

The Websites and Online Services are operated by DIAMWALL, LDA, with registered office at R. Fialho de Almeida 14 2 esq, 1070-129 Lisboa, Portugal.

For general enquiries, please email us at support@diamwall.com.

For data protection and privacy enquiries, including requests to exercise your rights under the GDPR, please contact us at privacy@diamwall.com.

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