Terms of Use

First Clause -This Business Partnership Agreement, also referred to as the Software Services Agreement or End User License Agreement and hereinafter simply called the "AGREEMENT," is a legal agreement between the contracting party, a private legal entity hereinafter referred to as the "LICENSEE," and Jornada Médica Internacional, a private legal entity registered under CNPJ No. 43.950.821/0001-00, with its registered address at Caixa Postal 27, Erechim, Rio Grande do Sul, Brazil, ZIP Code 99700-970, hereinafter referred to as the "LICENSOR." This AGREEMENT governs the LICENSEE's use of the systems provided as services, hereinafter referred to as the "SERVICE," made available by the LICENSOR through the website https://jornadamedicainternacional.com.br, hereinafter referred to as the "SITE." The SERVICE includes the software provided as a service, together with any associated physical media, printed materials, and online or electronic documentation. By using the SERVICE, whether in whole, in part, or on a trial basis, the LICENSEE agrees to be bound by the terms of this AGREEMENT, including, in particular, consent to the LICENSOR's access, collection, use, storage, processing, and protection of the LICENSEE's information as required for the full delivery of the SERVICE's functionalities. If the LICENSEE does not agree with these terms, use of the SERVICE must be discontinued immediately.

First paragraph -Activities not provided for in this instrument, which may arise from the need to fulfill obligations arising from the contractual relationship, will not be subject to the business partnership regime described in this instrument.

INTELLECTUAL PROPERTY

Second Clause -The LICENSEE does not acquire, through this instrument or through the use of the SERVICE, any intellectual property rights or other exclusive rights, including patents, designs, trademarks, copyrights or any rights to confidential information or business secrets, as well as all content made available on the SITE, including, but not limited to texts, graphics, images, logos, icons, photographs, editorial content, notifications, software, applications and any other material, about or related to the SERVICE or any part thereof. The LICENSEE also does not acquire any rights over or related to the SERVICE or any component thereof, other than the rights expressly granted to the LICENSEE by this AGREEMENT or in any other agreement mutually agreed in writing between the LICENSEE and the LICENSOR. Any rights not expressly granted hereunder are reserved.

DECLARATIONS OF THE LICENSEE AND LICENSOR

Third Clause -The LICENSEE declares to be fully aware of the rights and obligations arising from this AGREEMENT, this instrument constituting the complete agreement between the parties.

Clause Four -The LICENSEE declares to have read, understood and accepted all its terms and conditions.

Clause Five -The LICENSEE declares to have read, understood and accepted the PRIVACY POLICY, available on the SITE, freely and expressly consenting to the collection, use, storage and processing of said information and data.

Clause Six -The LICENSEE declares to be aware that operations that correspond to the acceptance of this AGREEMENT, certain conditions and options, as well as any termination of this instrument and other changes, will be registered in the LICENSOR's databases, together with the date and time they were carried out by the LICENSEE, and such information may be used as evidence by the parties, regardless of compliance with any other formality.

Clause Seven -The LICENSEE declares that he is aware that, in any case, he must strictly comply with the legislation, especially with regard to his own tax, fiscal, labor and social security obligations, whether of a main or ancillary nature, as well as complying with applicable data protection regulations and any others, understanding that the SERVICE, object of this AGREEMENT, is only a vehicle through which the LICENSEE offers its services, therefore not dispensing with the correct feeding of the information and parameters necessary by the LICENSEE based on current current current legislation.

Eighth Clause -The LICENSEE may access the SERVICE via third-party applications through connection APIs for the purpose of sharing their Information or by downloading certain Third-Party Applications.

Clause Nine -The LICENSEE understands and agrees that such information may be assigned to your account on the Third-Party Application and may be published on such service. Although this information may be automatically shared by definition, the LICENSEE may, at any time, suspend sharing or, when applicable, uninstall such Third-Party Applications.

Clause Ten -The Third-Party Application may also provide similar controls, but access must be done directly through the Third-Party Application, with the aim of suspending such access.

Clause Eleven -The LICENSEE understands and agrees that a Third-Party Application's use of its own information, collected therefrom, (or as authorized by the LICENSEE) is governed by the privacy policies of the Third-Party Application and its settings on the respective service and that the LICENSEE's use of such information is governed by this Terms of Use and the settings of its account on the LICENSOR'S SERVICE.

Clause Twelve -The LICENSOR will not be responsible, under any circumstances, for the treatment given to information by a Third-Party Application.

Clause Thirteen -The LICENSOR shares information related to its own users with duly selected third parties that offer a variety of services that support the delivery of the LICENSOR's services, hereinafter identified as "THIRD-PARTY PROCESSORS", which can range from technical infrastructure providers to customer service providers and authentication tools.

Clause Fourteen -The LICENSOR ensures that the management of information carried out on its behalf by THIRD-PARTY PROCESSORS will be carried out in accordance with contractual terms, which require that such information be kept secure, processed in accordance with data protection laws and used only in accordance with the LICENSOR's instructions, and not for the purposes of the THIRD-PARTY PROCESSORS.

Clause Fifteen -THIRD-PARTY PROCESSORS may be located or process the LICENSEE's information outside the LICENSEE's host country.

Sole Paragraph:In cases where the LICENSOR's use of THIRD PARTY PROCESSORS involves the transfer of the LICENSEE's personal data, the LICENSOR will take the necessary measures to ensure that the data is adequately protected.

Clause Sixteen -The types of THIRD PARTY PROCESSORS with which the LICENSOR may share elements of the LICENSEE's personal data include:

  1. payment processors activated by the LICENSOR to store and manage payment information securely, such as generating bank slips, debit card payments, credit card payments, bank transfer payments, etc.;
  2. providers of email management and distribution tools, for example, when sending commercial messages or notification messages, the LICENSOR will manage the submissions using a third-party email distribution tool.
  3. providers of document management, digital media and distribution tools, including audio, video, images and documents, for example, such as when generating, storing and sending digital media such as videos. The LICENSOR will manage storage and shipping using a third-party digital media storage and distribution tool.

Clause Seventeen -The LICENSOR considers itself authorized to process the LICENSEE's personal data with or without the use of THIRD PARTY PROCESSORS.

First Paragraph:If the LICENSEE chooses to revoke authorization for the processing of their respective personal data, they may, at any time, formalize this option using the specific functionality available in the respective product resource or by contacting them through the means of communication available on the SITE.

Second Paragraph:By revoking the LICENSOR's authorization to process personal data, the LICENSEE declares to be aware that he will be prevented from generating automated activities that require the processing of his personal information.

Third Paragraph:By revoking consent, the LICENSEE will not be able to use the services and resources that require the collection or use and processing of personal information collected or used based on consent.

LICENSE TO USE THE SERVICE

Clause Eighteen -Subject to the terms and conditions set forth herein, this AGREEMENT grants the LICENSEE a revocable, non-exclusive and non-transferable license to use the SERVICE.

First Paragraph:The LICENSEE may not use or allow the SERVICE to be used for any purpose other than the processing of its information or information relating to legal entities indicated by the LICENSEE at the time of registration.

Second Paragraph:This license does not imply the ability to access software other than those originally located on the main SERVICE.

Third Paragraph:Under no circumstances will the LICENSEE have access to the source code of the SERVICE being licensed, as it is the intellectual property of the LICENSOR.

RESTRICTIONS REGARDING THE RIGHT OF USE

Clause Nineteen -Under no circumstances is the LICENSEE or third parties permitted, in general:

  1. Copy, assign, sublicense, sell, lease or guarantee, reproduce, donate, dispose of in any way, transfer in whole or in part, under any modalities, free of charge or for payment, provisionally or permanently, the SERVICE object of this AGREEMENT, as well as its modules, parts, manuals or any information relating to it;
  2. Remove or alter, totally or partially, the reservation of rights notices in the SERVICE and in the documentation;
  3. Reverse engineer, decompile or disassemble the SERVICE.

DEADLINE

Clause Twenty -This AGREEMENT comes into force on the date of its acceptance by the LICENSEE and will be in force for the term of the service plan contracted by the LICENSEE. This AGREEMENT will be automatically renewed for equal periods if the LICENSEE does not expressly state otherwise, under the same terms and conditions, including with regard to possible penalties.

Sole Paragraph:This AGREEMENT may be terminated under the terms of this instrument.

REMUNERATION AND PAYMENT METHOD

Clause Twenty-First -The LICENSEE must pay the LICENSOR the value of the licensing plan for the chosen service and in accordance with the frequency defined among the payment options made available to the LICENSEE at the time of contracting.

Clause Twenty-Two -The LICENSEE subscribes to a prepaid plan that will have a validity stipulated by the type of recurring subscription plan, renewed upon payment in order to maintain access to the tools of the LICENSOR's signed plan.

Clause Twenty-Third -If the LICENSEE, during the term of this instrument, opts for a licensing plan considered superior (upgrade), the values ​​will be changed according to the respective plan chosen.

Clause Twenty-Four -If the LICENSEE, during the term of this instrument, opts for a licensing plan considered inferior to the previously contracted plan (downgrade), the change in values ​​will be made at the next renewal, and the LICENSEE will not be granted the right to refund amounts already paid.

Clause Twenty-Fifth -If the LICENSEE does not renew the subscription after 10 (ten) calendar days after the expiration of the last contracted plan, its active users will be temporarily deactivated, leaving only the user with an Administrator type profile, recognized as the owner of the account with the LICENSOR, active.

Clause Twenty-Six -If the LICENSEE does not renew the subscription after 15 (fifteen) calendar days after the expiration of the last contracted plan, his active account will be temporarily deactivated, leaving only access to the Customer Panel active, where he can renew or cancel the account with the LICENSOR.

First Paragraph:Access to the SERVICE will only be reestablished after the LICENSOR has identified payment for the corresponding new plan.

Second Paragraph:Identification may occur within five business days after the date of payment by the LICENSEE.

Clause Twenty-Seven -The LICENSEE is aware that if their licenses expire and are not renewed within 20 (twenty) calendar days of the expiration of the last contracted plan, their data stored in the SERVICE will be deleted and their access will be restricted only to the Customer Panel.

Clause Twenty-Eight -The lack of renewal of any plans on their respective expiration dates, respecting the deadlines described in the terms of this instrument, will result in the automatic termination of the CONTRACT, with the LICENSOR reserving the right to permanently delete the LICENSEE's information, in accordance with the terms of this instrument.

First Paragraph:The LICENSEE is aware of its responsibility for accessing and locally storing (downloading) the backup copy of its data.

Second Paragraph:Information regarding the date and time of access and the internet protocol address used by the LICENSEE to access the SITE and the Customer Panel will remain stored by the LICENSOR, under the terms of this instrument.

Clause Twenty-Nine -If the LICENSEE renews after the termination of the CONTRACT, or after deleting the data stored in the SERVICE, the LICENSEE may request the restoration of the data in the SERVICE using the backup, under the terms of this instrument.

Clause Thirty -If the LICENSEE does not carry out the renewal within 180 (one hundred and eighty) calendar days, counting from the due date of the unpaid amount, the LICENSOR reserves the right to definitively and irretrievably delete all of the LICENSEE's information that may be stored in the Customer Panel, under the terms of this instrument and in compliance with the provisions of Article 15 of Law No. 12,965/2014, which may be stored for a longer period by court order.

UPDATE VALUES

Clause Thirty-First -The values ​​of the licensing plans established at the time of licensing the SERVICE may be updated annually according to the IGPM-FGV accumulated in the period, or in the case of its extinction, another official index that replaces it. If this occurs, the LICENSEE will be informed at least 30 days in advance of the renewal in which the value adjustment will occur.

LICENSEE’S OBLIGATIONS

Clause Thirty-Second -The LICENSEE is obliged to:

  1. Ensure, at its own expense, the timely settlement of its financial obligations to the LICENSOR, in accordance with the contracted plan;
  2. Maintain trained personnel for the operation of the SERVICE and for communication with the LICENSOR, providing, whenever any problems occur with the SERVICE, all documentation, reports and other information that relate the circumstances in which the problems occurred, aiming to facilitate and speed up correction work;
  3. Maintain, at your expense, a telecommunications line, communication software, email address and other resources necessary for communication with the LICENSOR;
  4. Respond for the INFORMATION and data entered into the SERVICE through the registration, permissions, passwords and method of use of its users. Under no circumstances will the LICENSOR be responsible for the content (INFORMATION, passwords, copies of information, etc.) registered in the SERVICE, therefore, this INFORMATION will not be revised at any time. Responsibility for INFORMATION registered or deleted in the SERVICE always lies with the LICENSEE, who is solely responsible for backing up the information, especially before deletion. The LICENSOR will not be responsible for the storage of information deleted by the LICENSEE;
  5. Make sure that you are not prohibited by legal and/or contractual determination from passing on FINANCIAL, ACCOUNT and PERSONAL INFORMATION, as well as any other data to the LICENSOR, necessary for the execution of the service offered through this AGREEMENT;
  6. Guarantee the regularity of personal data registered in the SERVICE, in particular, with regard to compliance with legal bases and rights of data subjects. At any time, the LICENSOR may block access to the SERVICE if it finds any practice by the LICENSEE or third parties in violation of this AGREEMENT and/or any attempt at fraud or implies that it is an attempt, this mechanism does not eliminate the LICENSEE's responsibility for their actions;
  7. Do not use the SERVICE in any way that may imply an illegal act, infringement, violation of rights or damage to the LICENSOR or third parties, including, but not limited to, the use of hacking into a computer device with the aim of obtaining, tampering with or destroying data or information without the express authorization of the holder of such data or the device or server on which they are stored;
  8. Do not publish, send or transmit any file that contains Phishing, Viruses, Worms, Trojan Horses or any other program that may contaminate, destroy or interfere with the proper functioning of the SERVICE;
  9. Inform the LICENSOR whenever there is any change in the INFORMATION provided to the LICENSOR and which may prevent, limit or harm the LICENSOR's access to the INFORMATION necessary for the execution of the functionalities offered by the SERVICE;
  10. Strictly comply with Brazilian legislation and all legal obligations imposed and/or arising from your activity and due to the use of this SERVICE.

First Paragraph:If the LICENSEE believes that his login and password to access the SERVICE have been stolen or are known to other people, for any reason, the LICENSEE must immediately communicate this fact to the LICENSOR, without prejudice to changing his password immediately, through the SERVICE.

Second Paragraph:Once you accept the terms of this AGREEMENT, this also guarantees acceptance of the service specifications as defined on the SITE.

LICENSOR'S OBLIGATIONS

Clause Thirty-Third -The LICENSOR is obliged to:

  1. The LICENSOR guarantees to the LICENSEE that the SERVICE must function regularly, as long as the conditions of use defined in the documentation are respected. In the event of programming flaws ("bugs"), the LICENSOR will be obliged to correct such flaws, and may, at its discretion, replace the copy of the faulty programs with corrected copies;
  2. Provide, as a continuation of acceptance of this AGREEMENT, access to the SERVICE during the term of this AGREEMENT, in accordance with the terms of this instrument;
  3. Suspend the LICENSEE's access to the SERVICE if it identifies that the LICENSEE is disrespecting the content rules established here or the legal regulations in force;
  4. Provide access to support services from Monday to Friday, from 8:30 am (eight hours and thirty minutes) to 11:30 am (eleven hours and thirty minutes) and from 1:30 pm (three hours and thirty minutes) to 5:30 pm (seventeen hours and thirty minutes), Brasília time, via “Contact Support”, located on the Customer Panel, to clarify non-technical questions directly related to the SERVICE;
  5. Keep the LICENSEE'S ACCOUNT INFORMATION and PERSONAL INFORMATION confidential, as well as their access records, and said INFORMATION will be stored in a secure environment, guaranteeing respect for the LICENSEE's intimacy, private life, honor and image, in accordance with the provisions of Law No. 12,965/2014.

LICENSOR'S DISCLAIMER OF LIABILITY

Clause Thirty-Four -THE LICENSOR is not responsible for:

  1. For the storage or restoration of information deleted by the LICENSEE;
  2. Due to failure of operation, operation by unauthorized persons or any other cause for which the LICENSOR is not responsible;
  3. For damages or losses resulting from administrative, managerial or commercial decisions made based on the information provided by the SERVICE;
  4. For problems defined as "act of God" or "force majeure", covered by Article 393 of the Brazilian Civil Code;
  5. For possible problems arising from third party actions that may interfere with the quality of the service;
  6. For damages caused to third parties due to content generated by the LICENSOR through the SERVICE;
  7. Due to the unavailability or slowness of third-party applications that connect with the SERVICE through an API or, even, through the LICENSEE's telecommunications and internet providers;
  8. For reviewing the ACCOUNT INFORMATION provided by the LICENSEE, whether regarding the accuracy of the data, or regarding the legality or threat of violation due to the provision of this information;
  9. For any legal infractions committed by the LICENSEE, whether fiscal, tax, labor, social security, criminal, or any other;
  10. For correcting, reviewing, editing, adding or registering educational or informative content to the SERVICE, unless specifically contractually agreed.

Clause Thirty-Fifth -The LICENSOR adopts appropriate security measures in accordance with market standards to protect the LICENSEE'S INFORMATION stored in the SERVICE.

Sole Paragraph:The LICENSEE acknowledges that no system, server or software is absolutely immune to attacks and/or invasions by hackers and other malicious agents, and the LICENSOR is not responsible for any unauthorized deletion, acquisition, use or disclosure of INFORMATION resulting from attacks that the LICENSOR could not reasonably avoid through said security standards.

RESUMPTION OF SERVICES

Clause Thirty-Six -The LICENSOR reserves the right to immediately cancel the LICENSEE's access to the SERVICE in cases where the LICENSEE uses the SERVICE in a manner different from that stipulated in this instrument.

LIMITED WARRANTIES

Clause Thirty-Seven -To the maximum extent permitted by applicable law, the SERVICE is provided "as is" and "as available", with all faults and without warranty of any kind.

Clause Thirty-Eight -The LICENSOR does not guarantee that the functions contained in the SERVICE will meet the LICENSEE's needs, that the operation of the SERVICE will be uninterrupted or error-free, that any service will continue to be available, that defects in the SERVICE will be corrected or that the SERVICE will be compatible or work with any third party software, applications or services.

Clause Thirty-Nine -The LICENSEE acknowledges that the SERVICE should not be used or is not suitable for use in situations or environments in which the failure or delays, errors or inaccuracies of content, data or information provided by the SERVICE could lead to death, personal injury, physical damage or environmental damage, including, but not limited to, the operation of nuclear facilities, navigation or air communication systems, air traffic control, life support systems or weapons.

LIMITATION OF LIABILITY

Fortieth Clause -In no case will the LICENSOR be liable for personal damages or any incidental, special, indirect or consequential damages, including, without limitation, damages for loss of profit, corruption or loss of data, failure to transmit or receive data, non-continuity of business or any other commercial loss or loss, arising from or related to your use or your inability to use the SERVICE, for any other reason.

Sole Paragraph:Under no circumstances will the LICENSOR's entire liability to the LICENSEE for all damages exceed the amount corresponding to the last licensing plan paid by the LICENSEE to the LICENSOR for obtaining this SERVICE license.

FREE, EXPRESS AND INFORMED CONSENT TO ACCESS CONFIDENTIAL INFORMATION AND PERSONAL DATA

Clause Forty-First -The LICENSEE, by agreeing to use the SERVICE, in addition to fully accepting this AGREEMENT, also freely and expressly consents to the LICENSOR collecting, using, storing and processing his INFORMATION, including his personal and account data, which will be necessary for the service offered to be provided in its entirety.

Clause Forty-Second -The LICENSEE freely and expressly consents to providing the data that allows access to the INFORMATION necessary for the SERVICE to perform all the functions for which it was designed.

Clause Forty-Third -The LICENSEE consents that, when accessing the LICENSOR'S SITE, the LICENSOR may collect technical navigation information, such as the type of computer browser used to access the site, Internet protocol address, pages visited and average time spent on the site.

Sole Paragraph:Such information may be used to guide the LICENSEE himself and improve the services offered.

Clause Forty-Four -The LICENSEE freely and expressly consents that his INFORMATION may be transferred to third parties as a result of the sale, acquisition, merger, corporate reorganization or any other change in the LICENSOR's control.
Sole Paragraph: The LICENSOR, however, undertakes, in these cases, to inform the LICENSEE at least 10 (ten days) in advance.

Clause Forty-Fifth -The LICENSEE freely and expressly consents to the LICENSOR using cookies only to control the audience and navigation on its SITE and to enable the identification of segmented and personalized services to the LICENSEE's profile.

Sole Paragraph:The LICENSOR guarantees that this information collected through cookies is statistical and not personal, and that it will not be used for purposes other than those expressly provided for in this instrument, committing to adopt all necessary measures in order to prevent access and use of such information by any third parties without due authorization.

TERMINATION

Clause Forty-Six -For licensing plans with advance payment, if the LICENSEE decides to terminate this AGREEMENT before the end of the contracted term, the LICENSOR WILL NOT REFUND to the LICENSEE the remaining balance of the contracted licensing plan, this being understood as a contractual fine.

Clause Forty-Seven -The LICENSOR may terminate this AGREEMENT at any time, as long as it communicates to the LICENSEE at least 15 (fifteen) days in advance, in which case it must refund to the LICENSEE the outstanding balance of the contracted licensing plan, if any.

Sole Paragraph:This minimum notice period and the refund obligation above will not apply in the cases provided for in cases of violation of this instrument.

Clause Forty-eighth -The LICENSOR may terminate the AGREEMENT at any time in case of violation by the LICENSEE of the terms and conditions now agreed. In the event of termination of this contract, the LICENSEE's personal data and other information will be available under the terms of this instrument.

LEGAL PROVISIONS

Clause Forty-Nine -The LICENSEE may not provide services to third parties using the LICENSOR'S SERVICE without the LICENSOR's prior and express authorization.

Clause Fifty -If the LICENSEE develops a new module or product that features a copy, in whole or in part, of either the data dictionary or the program, it will be considered as part of the SERVICE provided by the LICENSOR, therefore, its ownership is incorporated by the LICENSOR and its use is conditioned by these contractual Clauses.

Clause Fifty-First -This AGREEMENT obliges the parties and their successors and only the LICENSEE has a non-exclusive license to use the SERVICE, however, it is prohibited to transfer the rights and obligations agreed by this instrument. Such, however, does not affect the LICENSOR, who may, at any time, assign, in whole or in part, the rights and obligations inherent to this AGREEMENT.

Clause Fifty-Second -Tolerance by one party towards the other regarding non-compliance with any of the obligations assumed in this instrument will not imply novation or waiver of rights. The tolerant party may, at any time, demand faithful and complete compliance with this instrument from the other party.

Clause Fifty-Third -Non-compliance with the obligations assumed here as a result of facts that are independent of the will of the parties, such as those that constitute unforeseeable circumstances or force majeure, as provided for in article 393 of the Brazilian Civil Code, does not constitute a cause for contractual termination.

Clause Fifty-Four -If any provision of this AGREEMENT is considered void, voidable, invalid or inoperative, in accordance with relevant laws in force in the Brazilian Civil Code, no other provision of this AGREEMENT will be affected as a consequence thereof and, therefore, the remaining provisions of this AGREEMENT will remain in full force and effect as if such void, voidable, invalid or inoperative provision were not contained in this AGREEMENT.

Clause Fifty-Fifth -The LICENSEE agrees that the LICENSOR may publicize the execution of this instrument for commercial purposes, mentioning the LICENSEE's name and brand in commercial campaigns, and may even disclose messages sent in written or oral form, by telephone, for use on websites, newspapers, magazines and other campaigns, while this AGREEMENT is in force. The LICENSEE also agrees to receive communications via email about training, partnerships and campaigns related to the SERVICE;

Clause Fifty-Six -In this act, the LICENSEE expressly authorizes the LICENSOR to collect and use its technical and operational data present in the SERVICE, for the purposes of studies and improvements to the SERVICE.

Clause Fifty-Seven -The LICENSOR may, at its sole discretion, at any time and without the need for prior communication to the LICENSEE:

  1. Terminate, modify or suspend, totally or partially, the LICENSEE's access to the SERVICE, when said access or registration is in violation of the conditions established in this AGREEMENT;
  2. Delete, totally or partially, the information registered by the LICENSEE that is not in accordance with the provisions of this AGREEMENT;
  3. Add, delete or modify the Content offered on the SITE;
  4. Change any terms and conditions of this AGREEMENT by communicating to the LICENSEE.

Clause Fifty-Eighth -The LICENSOR may, at its sole discretion, suspend, modify or terminate the SERVICE's activities, upon prior notice to the LICENSEE, at least 30 (thirty) days in advance, providing ways and alternatives to extract the relevant information from the SITE, except in the event of unforeseeable circumstances or force majeure.

Clause Fifty-Ninth -The LICENSOR may, by means of communication to the electronic address indicated by the LICENSEE in its registration or by means of a notice on the SITE, define prices for the offering of certain contents and/or services, even if initially such services were offered free of charge, with their use, after said notice, being considered as the LICENSEE's agreement with the charging of such prices, if the LICENSEE does not expressly express otherwise within a period of 7 (seven) days.

Sixtieth Clause -It is agreed and understood by the LICENSEE that only the person registered by the LICENSEE himself as an account administrator may request that the LICENSEE's information entered in the SERVICE be changed or deleted.

Sole Paragraph:The LICENSEE declares its awareness that once altered or deleted, they can no longer be recovered, with the LICENSOR exempt from any responsibility for any losses or damages resulting from this procedure requested by the LICENSEE.

DEFINITIONS

Clause Sixty-First -The terms used in this instrument must be interpreted and used according to the definitions below, whether in the singular or plural:

  • PERSONAL INFORMATION:any information made available by the LICENSEE that identifies or makes him/her identifiable, such as name, address, date of birth, telephone number, fax number, email address, number of documents, etc.
  • INFORMATION:is understood to be all of the LICENSEE's information related to PERSONAL INFORMATION, CALLING INFORMATION, REGISTRATION INFORMATION, CHAT INFORMATION, and ANY OTHER INFORMATION that may be inserted into the SERVICE.
  • LICENCIADO:individual or legal entity, with full capacity to contract, who accesses the LICENSOR'S SERVICE through the SITE, registering, accepting the terms of this AGREEMENT and taking advantage of the functionalities offered in accordance with the contracted licensing plan.
  • SERVICE:software owned exclusively by the LICENSOR, whose functionalities and services are made available through the website, through which the LICENSEE'S INFORMATION will be provided directly by him.
  • ADDITIONAL MODULES:software exclusively owned by the LICENSOR that implements special and specific functions for the SERVICE and whose resources can be viewed on the SITE.
  • BASIC FEATURES:features of the SERVICE offered in accordance with the contracted licensing plan without the availability of the features of ADDITIONAL MODULES. Resources can be viewed on the SITE.
  • API:Application Programming Interface, which in Portuguese means Application Programming Interface. It is a set of programming routines and patterns for accessing a web-based software application or platform.

CONFIDENTIALITY

Clause Sixty-Second -THE LICENSEE MUST keep confidential, during the term of this contract, and even after its termination, any confidential information relating to business, policies, commercial secrets, organization, creation and other information relating to the activity, its customers, suppliers, representatives or employees.

First Paragraph -For the purposes of this contract, confidential information means:

  1. any information related to business and business operations that is not public;
  2. information contained in drawings, research, designs, proposals, projects, business plans, marketing sales, financial information, costs, identification data, business partners, supplier and customer information, industrial secrets, intellectual property, specifications, expertise, techniques, inventions and all methods, concepts or ideas related to the business.

Second Paragraph -The LICENSEE is prohibited from passing on to third parties, whether individuals or legal entities, any of this information, as well as information relating to this AGREEMENT and its very existence, except when expressly authorized by the LICENSOR.

Third Paragraph -It should be noted that the duty of confidentiality remains after the end of this partnership agreement.

Fourth Paragraph -In case of doubts regarding the confidentiality of any information, the LICENSEE must keep it in absolute secrecy until the LICENSOR expressly and/or sufficiently expresses itself in this regard.

Paragraph Five -In case of violation of this clause, the violating LICENSEE will be subject to payment of a fine in the amount equivalent to 300 (three hundred) times the expected billing value for the service whose information was leaked, to be duly updated and corrected at the time of its application, as well as being subject to any applicable civil and criminal penalties.

APPLICABLE LAW

Clause Sixty-Third -This CONTRACT was governed, interpreted and will be subject to Brazilian civil law, which is applicable in the interpretation of any omitted cases and dispute resolution.

Sole Paragraph:Subsidiarily, precepts of international standards and conventions may be applied, as long as they do not conflict with Brazilian standards.

Clause Sixty-Four -The LICENSEE and the LICENSOR hereby elect, irrevocably and irreversibly, the jurisdiction of the District of Erechim, State of Rio Grande do Sul, in Brazil, to resolve any doubts or controversies arising from this AGREEMENT, to the exclusion of any other, however privileged it may be.

And because they are fair and in agreement, prevailing over any previous proposals or agreements, the legal representatives of the parties in the use of the SERVICE subscribe.

Erechim, August 3, 2021.

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