Terms of Use for BRDTech Websites and Platforms
These terms of use and general conditions apply to the use of services on the BRDTech website, Cailun website and their respective platforms. Any natural or legal person who meets the requirements of this term, who intends to use any of the services offered on the BRDTech website, Cailun website and/or its platforms, must read and express acceptance of this term, which is submitted for consideration by every new user on the moment of your registration. By clicking "agree", the user declares that they have read, understood and accepted all the clauses of this term.
DEFINITIONS - TECHNICAL VOCABULARY USED
1.1. The terms described below, when used in these terms and conditions, will have the following meanings:
"visitor(s)": all those who access the website in some way, whether customers or not.
"customer(s)": all people who purchased the services offered by BRDTech whether paid or not.
"user(s)": all people who register on the website and receive an individual and exclusive access account.
"authorized user(s)": all people who are authorized through a link, direct access or by any means to access the website to sign documents, even if they do not have an account or are direct customers of BRDTech.
“Browser”: Application that provides the interface between the user's computer and remote servers, whether through a telephone line, a network card or infrared device, connected to networks such as the World Wide Web (the Internet as we know it). These programs allow the visualization of documents, images, graphs and data through random or systematic queries. The most used are Microsoft Internet Explorer, Google Chrome, Mozila Firefox and Safari.
“Cookie”: small file placed on your computer to track movements within websites.
“Frames”: Construction resource for Websites that allows the division of a Browser screen into different parts to optimize the user's browsing space.
“Home page”: Confused with the term SITE, the definition of “Home” applies only to the first page of a Website or Section. As it is the user's gateway to the SITE, "HP" usually brings the latest content and useful shortcuts to the various services available.
“Links” or “hyperlinks”: Shortcuts that direct users’ navigation through the same Website, or to another point on the Internet.
“SITE” - Same as Website.
“Website” - Defines the set of pages related to a company or person.
QUALIFICATION AND OBJECT
2.1. BRD TECNOLOGIA LTDA, a limited liability company, with headquarters at Rua Almiro Dias Santana, no. 391, Sala 2, Bairro Osolopes, in the city of Santo Antônio da Patrulha – RS, CEP 95.500-000, registered with the CNPJ under no. .495/0001-63, owner of the website and brand BRDTech, the website and brand CAILUN, as well as maintainer of the websites and platforms of the same name, selling or providing various services through the world wide web (internet) to selected customers , and all references will be generally to all websites, platforms and brands owned by them, hereinafter referred to simply as BRDTech.
2.2. Browsing and public consultation of this website is subject to the Terms and Conditions below:
Through the SITE, BRDTech provides access to USERS and AUTHORIZED USERS to various content. BRDTech reserves the right to unilaterally modify, at any time and without prior notice, the presentation and configuration of the SITE, as well as to eliminate or modify the CONTENTS, the TERMS OF USE, as well as all notices, regulations and instructions of use.
BRDTech will make every effort to keep the information and materials contained on this website as accurate, up-to-date and complete as possible. However, BRDTech will not be responsible for the use, application or processing that users may give to the aforementioned information. The user is entirely responsible for the purpose of using the data collected on this website.
The information available on this website may be updated or modified periodically. Therefore, they should not be interpreted as definitive.
If you are a Customer and you or your organization is bound by a Master Services Agreement with BRDTech, then these Terms will apply, if at all, only to your use of the Site or any BRDTech Services to the extent such use no longer is governed by the Master Services Agreement. For the avoidance of doubt, all references to the “Site” in these Terms also include the BRDTech Services.
By accessing, using or downloading any materials from the site, you agree to comply with and be bound by these terms. If you do not agree to these terms, you are not authorized and must terminate use of the site immediately. Access and use of the system implies tacit consent to these terms and their content, with the respective binding.
REGISTER
3.1. To become a user, complete the registration form available on this website. The user must have legal capacity to contract, that is, be over 18 years old or emancipated. If you are a minor, the legal guardian will have to bear the consequences of acts carried out on behalf of the minor user. Furthermore, the user who registers on the website using third party data may commit crimes, without prejudice to possible liability in accordance with the legislation.
3.2. In order for the user to complete their purchase, they must register on the website. The user must fill in all mandatory fields with accurate and true information, including being responsible for updating the registration information whenever any changes occur.
3.3. The user is legally responsible for the veracity and authenticity of the information provided on the website, exempting BRDTech from any responsibility in this regard. If BRDTech finds any inaccuracy in the information provided by the user or illegality in their conduct, it may, at its sole discretion, suspend or cancel the corresponding access account. Such measure, however, does not cease or reduce the user's responsibility for the accuracy and veracity of the data provided.
3.4. The user is responsible for installing any applications necessary to view the content available on the website and for the correct functioning of subscriptions and services made available by BRDTech.
3.5. By registering, the user agrees to the sending of advertising material by BRDTech or partners to the contact and email addresses. Unsubscribing from receiving advertising materials can be done in the footer of emails sent, using the unsubscribe link or in your account settings on the BRDTech website.
3.6. The USER voluntarily acknowledges and accepts that the use of the SITE and its CONTENTS is their sole and exclusive responsibility.
3.7. The provision of the website by BRDTech is free for all USERS and does not require prior registration or registration, however access to some contents and sections of the website may be charged in advance by BRDTech. It should be noted that the use of some CONTENT and sections of the website will only occur by providing some specific information about the USER, as described in our Privacy Policy.
3.8. The USER undertakes to use the SITE and its contents in accordance with current legislation, the provisions of these TERMS OF USE, morality, good customs and public order, as well as the obligation to use the SITE and its CONTENTS in a way that does not cause harm to the rights and interests of third parties, or in any way that could cause damage, overload, disable or prevent the normal use of the same.
3.9. The USER must refrain from obtaining drawings, information, graphics, messages, sound and/or image files, photographs, recordings, programs and/or any other type of material accessible through the SITE or the CONTENTS using means or procedures other than those that are made available or indicated for this purpose on the SITE pages.
3.10. The USER is obliged to use the CONTENT lawfully and in compliance with legislation and regulations that regulate copyright, trademarks and patents. Therefore, the USER:
refrains from copying, distributing, modifying, disclosing the content to the public through any form of communication; to modify the CONTENTS, unless you obtain authorization from BRDTech or the holder of the corresponding rights;
refrains from eliminating or manipulating copyright or other data that identifies BRDTech's rights or rights incorporated into the SITE and its CONTENTS owned by third parties, as well as protection devices, brands or any information mechanisms.
3.11. BRDTech is not responsible, expressly or tacitly, for the misuse of information, instruments, materials made available and/or equipment used by this website, for whatever purposes, made by any user, being the sole responsibility of that user. possible injuries to one's own rights or those of third parties, whether or not caused by this inappropriate use.
3.12. Under no circumstances will BRDTech, its directors or employees be liable for any direct or indirect, special, incidental or consequential damages, losses or expenses arising in connection with this website or use by you or inability to use by any party, or with respect to any failure of performance, error, omission, interruption, defect or delay in operation or transmission, computer virus or line or system failure, even if BRDTech or its representatives are advised of the possibility of such damage, loss or expenses.
3.13. The adequate provision of all Internet resources, without exception, is the sole responsibility of the website user.
3.14. BRDTech is not responsible for the content of other websites (a) whose addresses are available on the pages of this website, or (b) whose address on this website is available on them. BRDTech does not guarantee compensation for any damages caused by the websites mentioned in this item.
WARRANTIES, LIABILITIES AND DAMAGES
4.1. BRDTech does not guarantee that the content, instruments and materials contained, used and offered on this website are precisely updated or complete, and is not responsible for damages caused by possible equipment failures.
4.2. BRDTech is not responsible, expressly or tacitly, for the misuse of information, instruments, materials made available and/or equipment used by this website, for whatever purposes, made by any internet user, client and/or user.
4.3. The adequate provision of all internet resources, without exception, is the sole responsibility of internet users, customers and/or users of the website.
4.4. BRDTech is not responsible for the content of other websites whose addresses are available on the pages of this website, nor is it responsible if the address of this website is available on other websites. BRDTech does not guarantee compensation for any damages caused by any website.
4.5. BRDTech recommends that the user uses the publication of comments, when available, in a considered manner and restricted to personal evaluation. The content of each comment is the sole and exclusive civil and criminal responsibility of the user. BRDTech reserves the right to disapprove, restrict or eliminate comments that do not comply with the purpose, or that offend the honor, image, reputation and/or dignity of third parties.
BAD FAITH IN THE USE OF THE SITE
5.1. BRDTech reserves the right to prevent rights abuses committed by users in bad faith, or attempted fraud. In this case, BRDTech may, in its regular exercise of rights, block these users, preventing them from accessing certain areas of the website. If the blocked user is interested in accessing these areas of the website, they must contact the customer service center.
VERACITY OF INFORMATION
6.1. BRDTech reserves the right to check the veracity of the information provided by consumers, such as: name, CPF and other registration data. Consultations can be made on the Federal Revenue website and credit risk analysis systems. If any discrepancy is found between the information provided when registering on the BRDTech website and that observed when consulting the Federal Revenue systems, BRDTech may, in its regular exercise of rights, block these users, preventing them from having access to certain areas of the website, as well as any purchase order from the user/customer may be canceled, upon notice via the registered email, in order to prevent attempted fraud or abuse of rights committed by consumers in bad faith.
CONFIDENTIALITY OF USER INFORMATION
7.1. BRDTech reserves the right to change the functionalities of this website based on the analysis and consolidation of information and suggestions submitted by users. For further information about the use of information collected on this website, see our Privacy Policy.
COPYRIGHT AND INTELLECTUAL PROPERTY
8.1. This website contains texts, source codes, photographs, images and sounds that are protected by copyright or other intellectual property rights. Unless otherwise stated, all content on the pages of this website belongs to BRDTech or has been licensed by its owners, so that BRDTech can use this material as part of this website.
8.2. By accessing the BRDTech website, the internet user, client and/or user declares that they will respect all intellectual and industrial property rights, those arising from the protection of registered trademarks, as well as all rights relating to third parties who may be or were, somehow available on the website. Simply accessing the website does not grant the internet user, client and/or user any right to use names, titles, words, phrases, brands, patents, literary, artistic, literary-musical works, drawings, models, photographs, among others, that are or were available there.
8.3. All elements and/or tools found on the website, platform or other sectors accessed through the website, and even on the website as a whole, are the property of BRDTech, being subject to intellectual rights in accordance with Brazilian laws and international treaties and conventions of which Brazil is a signatory. For example only, the following are understood as: texts, software, scripts, graphic images, photos, music, videos, interactive and similar resources, brands, service marks, source codes, logos and look and feel.
8.4. The elements and/or tools that are made available to the USER may not be used, copied, reproduced, distributed, transmitted, disseminated, displayed, sold, licensed or otherwise exploited for any purposes, without prior written consent from BRDTech.
8.5. BRDTech reserves all rights that were not expressly provided for in relation to the website, platform, its elements and/or tools. The USER undertakes not to use, reproduce or distribute any elements and/or tools that are not expressly permitted by BRDTech, including the use, reproduction or distribution for commercial purposes of the Ads and/or Content extracted from the website or platform. If the USER makes any copy, whether via download or print, of BRDTech elements and/or tools, they must preserve all inherent intellectual property rights, and any reverse engineering or similar activities are expressly prohibited. The USER agrees not to circumvent, disable or, in any way, interfere with resources and/or tools related to the security of the website and platform, under penalty of incurring applicable legal measures.
8.6. The USER expressly agrees that BRDTech may eventually use the name and brand of the COMPANY to which they belong, in the SYSTEM's client portfolio and in advertising materials.
8.7. The improper use of the BRDTech name and/or brand by the USER, by the company or organization to which it belongs, and even by its legal representatives, agents, collaborators, among others, will result in the immediate termination of this contractual relationship, subjecting the infringing party to sanctions civil and criminal law applicable to the case.
8.8. Reproduction of the contents described above is prohibited, unless prior written authorization from BRDTech.
BRDTECH SERVICES
9.1. BRDTech makes “software as a service” available to its linked USERS, so that they can interact with the various functionalities available and improve the levels of efficiency, engagement and quality of document management in their organizations.
9.2. As a mere virtual tool for managing and digitally signing documents made by USERS, BRDTech:
does not edit, organize or manage the content inserted or viewed on the platform by USERS;
does not carry out any prior or subsequent verification and inspection of the content made available, especially its origin, the state in which it is found and its compliance with Brazilian and international legislation;
Through this contract, BRDTech grants the USER and its linked AUTHORIZED USERS a limited, non-exclusive, non-transferable and fully revocable license, under the terms of the licensing agreement, so that its USERS can use the PLATFORM on their cell phone or computer.
The contracted object does not, in any way, include Internet access or the equipment necessary for the operation of the PLATFORM. Therefore, it will be the USER's full and exclusive responsibility to obtain ELECTRONIC DEVICES COMPATIBLE WITH THE PLATFORM'S OPERATING SYSTEM, INTERNET ACCESS, WHICH IS RECOMMENDED TO HAVE HIGH SPEED, AND PERIODIC UPDATES OF THE ELECTRONIC DEVICE MAY BE REQUIRED.
The USER declares and accepts that the PLATFORM is in constant development and that new versions may be made available at any time, without prior notice.
The USER must register and manage their AUTHORIZED USERS when using the PLATFORM through inclusion via the USER Panel, assuming responsibility for the actions of their AUTHORIZED USERS.
The USER, after completing the registration of the recipients, who will be the AUTHORIZED USERS, will not be able to change the recipients, in the same file, and a new document signature procedure must be carried out, which may generate additional costs, according to the contracted plan and services .
The USER may create envelope signatures, that is, a batch signature, depending on whether said functionality is made available on the platform.
The USER, in addition to the recipients of the documents, may create AUTHORIZED USERS, who will have access to certain folders and/or archived documents, the USER defining the authorized people, according to the functionality available on the platform.
The USER can also select the folder in which the document, after signature by all recipients, will be automatically saved, according to the functionality available on the platform.
The files inserted by the USER will have an evidence trail, with the mapping of signatures and the integrity of the document.
The USER is aware that under no circumstances may they make any type of change to the document, such as, but not limited to, changing recipients and/or renaming the file, as in these cases there is a breach of certification, with a consequent breach of document integrity.
The USER is also aware that BRDTech, as determined by authorities, may be obliged to share the content of the documents.
The USER is also aware that any temporary authorization by AUTHORIZED USERS is their sole and exclusive responsibility, with no liability if the period entered on the platform for the AUTHORIZED USER's subscription expires, with the USER being responsible for programming the features. of the platform, according to the functionality available.
If the USER intends to use a type A1 certificate, the BRDTech platform stores the certificate, but does not store the password, which is the sole and exclusive responsibility of the USER.
If the USER intends to use a type A3 certificate, they are aware that they authorize the use of the certificate on the BRDTech platform and that the certificate will remain active for use during the period that the certifier, at its sole discretion, maintains said activation, being the sole It is the USER's sole responsibility to authorize use, with the USER being responsible for any misuse, and BRDTech does not store the password, which is the sole and exclusive responsibility of the USER.
The USER is aware that it is only possible to sign documents in PDF/A extension, and for correct signing of documents and guarantee of integrity, the USER must verify that the document inserted on the platform is correctly configured and meets the aforementioned file extension.
9.3. Access to the PLATFORM by the USER will always be through a login and password, of a personal and non-transferable nature, chosen by the USER, who is responsible for its custody and confidentiality.
9.4. The transfer, in any form, of the USER's registration to third parties is prohibited.
9.5. To use the PLATFORM, the USER must be at least 18 (eighteen) years of age, as well as have civil capacity and declare and guarantee that the information provided is true, has read, understood, agreed and is in full agreement with the rules provided for in this term.
9.6. The USER must provide the information requested by the PLATFORM to complete the registration, in order to enable access. Data may be requested during the use of the PLATFORM, as provided for in the PRIVACY POLICY. To register as a COMPANY, the USER must provide the CNPJ, company name and full address, as well as configure other data requested by the PLATFORM. Furthermore, it is extremely important for the user to be aware that the information entered in the application is their sole responsibility, and BRDTech is therefore exempt from any problems arising from inaccurate information or improper use of data.
9.7. It is the USER's sole responsibility to provide, update and guarantee the veracity of registration data, being liable for civil and criminal liability for data that may be untrue or inaccurate.
9.8. USERS undertake to notify BRDTech immediately, through the contact channels maintained by the latter on the PLATFORM, regarding any unauthorized use of their account or regarding knowledge of any irregularities that could cause harm to USERS, to BRDTech or to third parties. Due to the exclusive access area for USERS, they declare that they will be solely responsible for the operations carried out on their account, since access will only be possible through the use of a password that they know exclusively.
9.9. BRDTech reserves the right to not allow new registration of USERS, including COMPANIES, that have already been canceled, disabled, blocked, deleted or suspended from the PLATFORM, including COMPANIES that are in default before BRDTech.
9.10. When the USER requests password recovery, BRDTech will provide, via email, a temporary password to enable access, and the USER must create a password that he or she knows exclusively.
9.11. BRDTech provides the option to change your password through specific procedures and recommends changing it periodically.
9.12. If deemed necessary, BRDTech may adopt other security tools to be used in conjunction with the personal password, aiming for greater security of electronic operations.
SUBSCRIPTIONS, PURCHASE OF BRDTECH SERVICES, REMUNERATION AND PAYMENT METHOD
10.1. The USER must pay BRDTech the value of the respective chosen and contracted plan, according to the frequency defined among the payment options available at the time of contracting. At BRDTech's sole discretion, the user may be directed to the payment applications used by BRDTech when making the payment. By using said payment application, the User agrees to the specific terms of use of the payment application used by BRDTech.
10.2. If the USER, during the term of this instrument, opts for another licensing plan, the values will be changed according to the respective plan chosen.
10.3. Failure to pay on due dates may result in the suspension of access to the PLATFORM until financial issues are resolved, as well as a fine of 2% (two percent) on the outstanding balance, simple interest of 1% (one per cent) per month and monetary correction based on the variation in the IGP-M index or any other index that replaces it.
10.4. Once access to the PLATFORM is suspended, BRDTech will maintain the information entered by the USER for a period of 30 (thirty) days from the initial date of suspension of access. During this period, BRDTech will make the USER's information available to be extracted from the PLATFORM.
10.5. If the suspension continues for more than 30 (thirty) days, BRDTech may completely delete the information posted on the PLATFORM by USERS.
10.6. The values established at the time of licensing the PLATAFORMA may be updated annually, or within the shortest period of time legally permitted, by the variation in the IGPM-FGV accumulated in the period, or in the case of its extinction, by another official index that will replace it. , unless the documents forming part of these Terms of Use define it differently for each specific case, such as notices and contracts with organizations.
10.7. The availability of the PLATFORM and auxiliary services are of the RECURRING type, thus configuring a successive treatment relationship, which is renewed upon payment of the respective price.
10.8. Payment can be made by credit card or bank slip, and the invoice will be sent to the USER within 60 business days after payment.
10.9. Failure to receive the billing document by the due date is not a justification for non-payment, and the USER must, in this case, immediately contact BRDTech, under penalty of suspension of use of the PLATFORM and services until the payment is proven to be regularized.
10.10. Payment after SUSPENSION results in the reestablishment of the Services and the PLATFORM within 24 (twenty-four hours) or on the first business day from receipt of proof of payment by BRDTech, without any retroactive effect, including discounts for non-use , referring to the suspended period.
10.11. After SUSPENSION, the USER may be informed, through BRDTech's communication channel, daily or at BRDTech's discretion, for a period of 30 (thirty) days, of the existence of the debt, with the payment method being made available during this period. with the necessary additions to pay off the debt.
10.12. If payment is not made within the period set out in the previous item, the provision of Services and the availability of the PLATFORM may be TERMINATED.
10.13. Payment of the debt after termination will not result in the restoration of services. If it is in the USER's interest, it will be necessary to carry out a new contract, subject to the values in force at the time of this new contract, without any retroactive effect regarding the period in which the services were suspended, except in relation to the maintenance of their data and information if, between the cancellation and the new contract, the period of 30 (thirty) days has not passed and if the user authorized the maintenance of such data by BRDTech for the exclusive purpose of contracting the services and using the application by such period. (WE NEED TO UNDERSTAND INTERNALLY HOW WE WILL DEAL WITH OPEN DEBITS DUE TO LACK OF PAYMENT).
10.14. BRDTech is guaranteed, in the event of late payment, to send the USER's registration to credit protection entities, in accordance with current legislation.
10.15. The USER must take care of their login data, considering that they are personal and non-transferable, never revealing them to third parties and keeping their computer equipment protected with updated software, equipped with updated antivirus and firewalls in accordance with the state of the art. Such measures are essential for safe browsing on the BRDTech platform and website.
SHIPPING FRAUD
11.1. There is a possibility of a User being impacted by a virus installed on their machine that can alter bank slip details. Therefore, BRDTech recommends that the User always check the bill details, whether the values match the purchase details, whether the bank code matches the bill code, etc. If in doubt, the user can contact our Customer Service Center. BRDTech is not responsible for fraud situations caused by third parties.
INTEROPERATIONALITY OF THE SITE AND PLATFORM
12.1. The website and the platform were designed to be accessed by all the main internet browsers available on the market, without there being any technical distinction between them that could harm navigation. BRDTech is continually dedicated to correcting and/or improving the website, so that the implementation of new technologies or the creation of new browsers do not harm its users' access.
USE OF HYPERLINKS
13.1. To establish a hyperlink between your SITE or page and any of the pages of the SITE or its CONTENTS, the following conditions must necessarily be observed:
the hyperlink will only allow access to the pages of the SITE and its CONTENTS, reproduction in any form is prohibited;
False, incorrect or inaccurate indications may not be made about the SITE and its CONTENTS, nor may it be indicated or suggested that BRDTech has authorized or permitted the establishment of the hyperlink, or that it has supervised or assumed in any way the contents or services made available or offered by the USER on the page where the hyperlink is established;
Excluding those symbols that form part of the hyperlink, the page on which the hyperlink is established cannot contain any brand, distinctive signs or symbols, commercial name, name or title of establishment belonging to BRDTech;
Likewise, the page that contains a hyperlink directed to the SITE or its CONTENTS cannot contain illegal information or content that violates the rights of third parties, contrary to morals and good customs;
13.2. The establishment of a hyperlink does not imply the existence of any relationship or links between BRDTech and the owner of the page on which it was established. Likewise, it does not imply acceptance and/or approval by BRDTech of the services, content or any other feature of the page, whether or not they are made available to the public.
PERSONAL DATA
14.1. To use some of the CONTENT, USERS must first provide BRDTech with some personal data. BRDTech will process this information by automated means in accordance with the provisions of its Privacy Policy, available via a link on the SITE's main page
AVAILABILITY AND CONTINUITY OF THE SITE AND ITS CONTENT
15.1. Due to technical and operational issues, BRDTech does not guarantee the availability and continuity of operation of the SITE and its CONTENTS.
15.2. BRDTech is not responsible for damages, losses and/or loss of profits of any nature that may arise from the lack of availability or continued operation of the SITE and its CONTENTS.
PRIVACY AND SECURITY OF THE SITE AND ITS CONTENT
16.1. BRDTech is exempt from responsibility for damages, losses and/or lost profits of any nature that may arise from the knowledge that unauthorized third parties, such as hackers, may obtain regarding the conditions, characteristics and circumstances of use that USERS carry out on the SITE or its CONTENTS
VIRUSES AND/OR OTHER HARMFUL ELEMENTS IN THE CONTENT
17.1. BRDTech is not responsible for damages, losses and/or lost profits of any nature that may arise from viruses or other harmful elements in the CONTENTS and which, in this way, may produce changes and/or damage to USERS' equipment and programs .
17.2. We clarify that BRDTech does not use viruses or other harmful elements in its CONTENT.
ELECTRONIC FRAUD - "PHISHING"
18.1. "Phishing" is a form of wire fraud designed to steal personal information. If you receive an email that appears to be from us asking for your personal information, do not respond. BRDTech will never request your password, user name, credit card information or other personal information via email.
RELIABILITY AND USEFULNESS OF THE SITE AND ITS CONTENTS
19.1. BRDTech is not responsible for any damages, losses and/or lost profits of any nature that may arise:
infringement of intellectual or industrial property rights, business secrets, contractual commitments of any kind, rights to honor, personal and family privacy and the image of people, property rights and any and all rights belonging to third parties as a consequence of the transmission, dissemination, storage, availability, reception, obtaining or access to the SITE or its CONTENTS;
non-compliance with the law, morals and good customs or public order as a result of the transmission, dissemination, storage, availability, reception, obtaining or access to the SITE or the CONTENTS;
the unsuitability for any type of purpose or the frustration of expectations generated by the SITE or its CONTENTS;
the lack of accuracy, extinction, relevance and/or timeliness of the SITE or its CONTENTS;
the carrying out of acts of unfair competition and illicit advertising as a result of the transmission, dissemination, storage, availability, reception, obtaining or access to the SITE or its CONTENTS;
defects and defects of any kind existing in the services provided by third parties through the SITE;
non-compliance, delay, termination and fulfillment, for any reason, of obligations contracted by third parties and contracts entered into by them through, or by reason of, access to the SITE or its CONTENTS.
ACCURACY, EXTENSION AND UPDATE
20.1. BRDTech does not guarantee and is exempt from responsibility for damages and/or losses and/or lost profits of any nature that may result from the lack of accuracy, extension and updating of the CONTENT.
SERVICES PROVIDED BY THIRD PARTIES THROUGH THE SITE
21.1. BRDTech is not responsible for any damages, losses and/or lost profits of any nature that may arise from the services provided by third parties through the SITE and, in particular, for any damages, losses and/or lost profits that may arise:
due to the existence of viruses or other harmful elements in the services provided by third parties and which, in this way, may produce changes and/or damage to USERS' equipment and programs;
non-compliance with the law, morals and good customs as a result of the provision of services by third parties through the SITE;
infringement of intellectual and industrial property rights, business secrets, contractual commitments of any kind, rights to honor, personal and family privacy and the image of people, property rights and any and all rights belonging to third parties for the provision of services by third parties through the SITE; - carrying out acts of unfair competition and illicit advertising through the provision of services by third parties through the SITE;
the inadequacy, for any type of purpose, and the frustration of expectations generated by the services provided by third parties through the SITE;
the lack of veracity, accuracy, extinction, timeliness of the content transmitted, stored, disseminated, received, obtained, made available or accessible by the services provided by third parties through the SITE;
non-compliance, delay in compliance, defective compliance or termination of obligations, for any reason, contracted by third parties and contracts entered into with third parties in relation to the reason for providing services through the SITE;
defects and defects in any type of services provided by third parties through the SITE;
21.2. USERS using the SITE are expressly prohibited from reproducing in part or in full any CONTENT of services provided by third parties referenced therein.
SERVICES AND CONTENT HOSTED ON PAGES EXTERNAL TO THE SITE
22.1. The SITE may make available to USERS technical devices called ACCESS LINKS (connection between texts, pages or files) that allow USERS to access pages belonging to third parties. The purpose of making these links available is to facilitate the search for information available on the Internet, and there is no type of link or association between BRDTech and the owners of external pages.
22.2. BRDTech does not previously evaluate, nor control or approve, the services, information, data, files, products and any type of material on these external pages.
22.3. In this sense, BRDTech does not guarantee or assume any type of responsibility for damages, losses and/or loss of profits of any kind that may arise:
maintenance of services, information, data, files, products and any type of material on external pages;
the provision or transmission of services, information, data, files, products and any type of material existing on the SITEs accessed through a link established from the SITE;
the operation, availability, accessibility or continuity of external pages;
of the quality, usefulness, reliability and legality of services, information, data, files, products and any type of material existing on external pages accessed through links established from the SITE.
USE OF THE SITE, SERVICES AND CONTENT BY USERS
23.1. BRDTech does not guarantee that USERS use the SITE, services and CONTENT in accordance with current legislation, with these TERMS OF USE respecting the application of morals and good customs generally accepted by public order.
23.2. BRDTech also has no obligation to verify the identity of USERS, nor the veracity, validity, extent and/or authenticity of the data and information they provide about themselves to other USERS.
23.3. Therefore, BRDTech is exempt from liability for damages, losses and/or loss of profits of any nature that may arise from the use of the services and CONTENTS or which may be due to the lack of veracity, validity, extent and/or authenticity of the information that USERS provide to other USERS about themselves.
NO LICENSING
24.1. BRDTech does not grant any license or authorization to use any type of copyright, intellectual property, business secrets or any other property or right related to the SITE or its CONTENTS.
DENIAL AND WITHDRAWAL OF ACCESS TO THE SITE AND/OR ITS CONTENTS
25.1. BRDTech reserves the right to refuse or withdraw access to the SITE and/or its CONTENTS, at any time and without the need for prior notice, on its own initiative or at the request of a third party, to those USERS who fail to comply with these TERMS OF USE or who, in any way, take actions that result or may result in illegal activities.
PARTNER INTEGRATIONS AND SERVICES
26.1. Other third-party tools, services or technologies may be offered by BRDTech through integration with the PLATFORM, via API or webservice, for example. The concept of “INTEGRATION” is defined as the connection of the system developed by BRDTech with other applications through APIs (Application Programming Interface) in the REST (Representational State Transfer) architecture, with the aim of promoting data exchange and information synchronization.
CHANGES TO TERMS AND CONDITIONS
27.1. These Terms and Conditions may be reviewed, modified and/or updated at any time, unilaterally by BRDTech and without prior notification, so that the most up-to-date version will always be available on the website. Therefore, Internet users, customers and/or users must check them in advance each time they visit the website. If you continue to access the website after the revisions come into force, even if not notified, it is understood that you agree to follow the revised, modified and/or updated Terms and Conditions.
DURATION AND FINALIZATION
28.1. The publication of the SITE and its CONTENTS has an indefinite duration. BRDTech, however, may at any time, and without prior notice, terminate, suspend or interrupt the publication and/or availability of the SITE and its CONTENTS.
TERMINATION
29.1. O presente termo de uso poderá ser rescindido pelo USUÁRIO, a qualquer momento, mediante a solicitação de exclusão de conta à nossa equipe via canal de comunicação com a BRDTech.
29.2. A BRDTech se reserva o direito de modificar ou encerrar a plataforma ou o acesso dos usuários à plataforma por qualquer motivo, sem aviso prévio, a qualquer momento e sem obrigações ou ônus perante os usuários, à exceção dos ressarcimentos ao USUÁRIO por períodos já pagos antecipadamente e não usufruídos.
29.3. A BRDTech poderá notificar, suspender ou cancelar, temporária ou definitivamente, a plataforma aos USUÁRIOS, a qualquer tempo e sem ressarcimento de valores pagos, e tomar as medidas legais cabíveis caso o USUÁRIO ou USUÁRIOS AUTORIZADOS:
Viole quaisquer das declarações, garantias e obrigações que constam nestes termos de uso ou de quaisquer políticas e regras adjacentes a ele;
Pratique atos fraudulentos ou dolosos; ou
A BRDTech entenda, a seu exclusivo critério, que as atividades e atitudes tenham causado ou possam vir a causar algum dano a terceiros ou à própria BRDTech.
29.4. Após o período de 30 (trinta dias) da rescisão deste contrato, os dados dos usuários não estarão mais acessíveis através de sua conta.
GENERAL PROVISIONS
30.1. The parties undertake to comply with all determinations imposed by the competent public authorities, as well as the payment of all federal, state and municipal taxes that apply or will apply to the contract and/or services, as well as highlighting the retention of taxes when mandatory.
30.2. The parties declare, in this act, that they are aware, know and understand the terms of Law No. 12,846/2013 – Anti-Corruption Law, and undertake not to carry out any activity that constitutes a violation of Brazilian anti-corruption rules. Furthermore, each party undertakes, through its administrators, partners, employees or anyone acting on its behalf, to conduct its commercial practices in an ethical manner and in accordance with legal precepts, and shall not, in the execution of this Agreement, give , offer, pay, promise to pay or authorize payment of, directly or indirectly, any money or anything of value to any government authority, consultants, representatives, partners, advisors or third parties, for the purpose of influencing any act or decision of the agent or government (including any official or employee of a government or entity owned or controlled by a government or public international organization or any person acting in the capacity of a government representative or political party candidate), or to secure any undue advantage or direct business.
30.3. Tolerance of any non-compliance with any of the clauses and conditions of this instrument will not constitute a novation of the obligations stipulated herein nor will it prevent or inhibit their enforceability at any time.
30.4. The user expressly authorizes BRDTech to communicate with the user through all available channels, including electronic mail (e-mail), cell phone, SMS, among others, highlighting that the main route/channel of information for the user is via site. More details can be found in our Privacy Policy.
30.5. If you have any questions regarding this document, please contact the Customer Service Center.
APPLICABLE LAW AND JURISDICTION
31.1. These Terms and Conditions of Use are governed by the legislation of the Brazilian Republic. Users of the BRDTech website submit to the Court of the District of Santo Antônio da Patrulha, State of Rio Grande do Sul, to the exclusion of any other, however privileged it may be.