By this particular instrument, on the one hand, Growner software trade EIRELI - ME, headquartered at Avenida Italia, No. 482, room 401, São Pelegrino neighborhood, Caxias do Sul / RS, registered with CNPJ / MF under no. 19.193.120 / 0001-80, hereinafter referred to as the "CONTRACTED PARTY" and, on the other hand, the legal entity, identified in the Contractual Confirmation, in accordance with the current legislation, hereinafter referred to as "USER", have between themselves fair and informed the next:
a) "USER" is the individual who contracts the Service. b) "SUBSCRIBER CENTER" is the technical support service available to the USER at 54 3039-9732 or at http://helpdesk.growner.com/in the “open new ticket” area. c) "SERVICE" means the CONTRACTED PARTY's availability of a set of online tools and services intended for individuals. The Services are provided upon access to the world wide web through USER-owned devices. To this end, the CONTRACTOR disclaims any responsibility for the technical equipment and means necessary to use the software, such as computer or tablet, internet access provider, internet with a minimum speed of 5MB, modem or DSL or the like. d) "WEBSITE" is the page or sequence of pages where the developed software is made available, with the purpose of offering the Service.
2.1. This Agreement governs the provision of the Service in accordance with the terms and conditions set forth below, in addition to applicable laws and technical standards.
2.1.1. The Service will be provided in the formats offered below:
a) Free Mate account: Free access to the Starter Plan, a mobile application that operates on a mobile platform and has features presented on its own page that can be used up to a maximum of 2 (two) rooms; and
b) Professional Account: paid access to the “the family”, “the boss” or “the guy how knock's the door” plans, which operate on mobile and web platforms. The plans have different values and their details are presented to the USER on their own page.
2.1.2. The CONTRACTOR reserves the right to create, modify or terminate, at any time, upon prior notice by means of a communication sent 10 (ten) days in advance to the registered USER email, the options of accounts, values and formats to be offered to the USER.
3.1. The CONTRACTORS may change, at any time, upon prior notice by means of a communication sent 10 (ten) days in advance to the registered email of the USER, the way the Services are negotiated.
3.2. In the provision of services in the format of "Professional Account", the Service will be charged monthly. The amount of the Service, stipulated in the proper page in which the modalities of plans are foreseen, will be paid upon hiring by credit card or bank slip, and until the 5th working month of the subsequent months. In case of default, 30 (thirty) days after the monthly payment is due, the service will be interrupted without prior notice to the user.
3.2.1. The USER will have the right to use the Service for the entire month contracted, and the CONTRACTOR is not obligated to refund amounts already paid if the USER withdraws from the Service without the 30 (thirty) day period having been completed.
3.3. At the CONTRACTED PARTY's discretion, the values of professional accounts may be adjusted at the period allowed by law, by the variation of the General Price Index - Market (IGP-M) published by the Getúlio Vargas Foundation (FGV), or by another index that officially replaces it. him.
4.1. The obligations of the CONTRACTED PARTY, in addition to the others provided herein and in applicable law:
(i) make the Service available, making the best efforts to maintain and improve its quality, and committing itself to respect the privacy of the USER, ensuring that it will not monitor or disclose information regarding its use, maintaining confidentiality of the registration information. provided, including login and password, which will only be disclosed to third parties due to court order.
(ii) notify the USER by e-mail or notice posted on the Portal and / or the Website about the interruption of the provision of the Service during preventive and / or corrective maintenance.
(iii) maintain, by itself or by third parties, the Subscriber Center.
5.1. The obligations of the USER, in addition to the others provided herein and in applicable law:
(i) pay the amounts due in accordance with the Service chosen.
(ii) be solely responsible for the use and keeping of the login and password for accessing the Service, and is bound to honor all financial and / or legal commitments arising therefrom.
(iii) use the software made available to you solely for the purposes set forth herein.
5.2. Under no circumstances may the USER use the Service to:
a) Access, alter and / or copy the contents of the CONTRACTOR's database and / or third party information, login and password without proper permission. b) Practicing illegal acts or in disagreement with Brazilian law or even characterizing a typified practice as a crime.
5.3. The USER shall be solely and exclusively responsible for the use of the Service, and shall be liable to the CONTRACTOR and / or third parties for any damages and losses, including lost profits, which may result from its misuse.
5.4. The USER shall be solely responsible for infringements of the right to use the software or other enforcement process protected by trademarks and patents related to this instrument, and shall be directly liable for any damages, fees or commissions due, as well as any claims resulting from its improper use.
Interruptions, Warranties and Responsibilities
6.1. The Service may be interrupted without any right of indemnity or compensation to the USER, eventually to:
(a) Technical and / or operational maintenance that requires a temporary system shutdown or access to it. (b) acts of God or force majeure. (c) Third party actions that prevent the provision. (d) Lack of electricity supply. (e) Interruption or suspension of the provision of telecommunications services. (f) Failures in the transmission system and / or routing of Internet access.
6.2. The CONTRACTOR shall not be liable for damages and / or losses arising from interruptions related to the events provided for in the item above, or those in which it has not competed exclusively for their occurrence.
6.3. Considering that the complete and uninterrupted operation of any telecommunication or computer system is impossible, 365 days a year, 24 hours a day, in this situation of fragility also including, due to its complexity, the Service, the CONTRACTOR does not guarantee uninterrupted and / or error free operation.
Term and cancellation
7.1. Respecting the rights of the USER to use the Services already contracted and paid, the CONTRACTED PARTY may terminate the provision of the service in case of default over 30 (days) or at any time, upon prior notice by communication sent with 10 (ten) days prior to USER's registered email.
7.2. The User is solely responsible for the cancellation of the Service. The cancellation can be done at any time, and for any reason, simply by clicking on the CANCEL ACCOUNT option in the YOUR ACCOUNT area. If the cancellation is made before the end of a period already paid, the termination of the account will be effective immediately and the User will not be entitled to a refund of the contracted period.
7.2.1. Upon cancellation of the Service, all information, data and files previously entered into the account will be automatically deleted. For users opting for paid plans, in the event of non-payment of said subscription, the CONTRACTOR shall keep the USER information for a period of 30 (thirty) days, from the suspension of access. During this period, the USER may extract his information in CSV format. After this period, USER data will be deleted.
7.3. Infringement by either party of any of the provisions of this instrument or of its statutory and regulatory provisions shall, in its sole discretion, entitle the injured party to terminate this instrument by formally communicating it to the infringing party.
Registration and use of registration data
8.2. The USER undertakes to promptly notify the CONTRACTOR of any misappropriation, theft, loss or unauthorized use of their login and / or password, so that they may block them.
8.3. The CONTRACTORS disclaim all liability for any improper, negligent or reckless use of the login and / or password.
8.4. When completing the specific registration form, the USER must provide the requested information for identification, registration and use of the Service provided by the CONTRACTOR.
8.5. The USER must provide, in the Contract Confirmation, true, up-to-date and complete information, and the CONTRACTOR may use its own or third party service to ascertain the validity and veracity of the information. The USER must also inform any change in their registration data, including change of conventional addresses or e-mail.
8.6. If the data informed by the USER at the time of registration is incorrect or incomplete, changes not communicated under the terms of the previous item, or make impossible the verification and identification of the USER, the CONTRACTOR may, at its sole discretion, suspend or cancel automatically and regardless of prior notice, the services hereby contracted, being exempt from any liability or reimbursement to the USER.
8.7. The registration and electronic use of registration data aims to establish the contractual relationship, the management, administration, provision, expansion and improvement of services to the USER, as well as the adaptation of services to the preferences and tastes of the USER, the creation of new services, sending service updates, sending, by traditional and / or electronic means, technical, operational and commercial information relating to products and services offered directly or indirectly by the CONTRACTOR existing or future. The purpose of the registration and electronic processing of registration data also includes sending survey forms, which the USER is not obliged to respond.
8.8. The CONTRACTED PARTY guarantees that it adopts the best levels of security in the protection of said USER registration data, having installed the technical means and measures to prevent the loss, misuse, alteration, unauthorized access or improper subtraction of the collected registration data. Nevertheless, the USER declares to be aware that Internet security measures are not entirely infallible.
9.1. Unless expressly stated otherwise, the content of the WebSite is the exclusive property of the CONTRACTED PARTY, such as text, graphics, spreadsheets, icons, drawings, computer programs, including software, basic description and supporting material, data of any nature related to the services covered by this agreement, all of which are protected by Brazilian intellectual law, especially copyright, computer program legal protection, trademarks, patents, models and industrial designs, as well as international treaties relating to matter.
9.2. Unauthorized use, disclosure, even if restricted, especially commercial use, publication, distribution, transmission, compilation, alteration, as well as unauthorized total or partial reproduction of the contents made available through the Portal, by mechanical, electronic or any other, are strictly prohibited practices, subjecting the violator to the appropriate criminal, civil and administrative sanctions.
10.1. The provision of the Service complies with Brazilian law.
10.2. The parties acknowledge the email service as a valid, effective and sufficient form of communication and accept the Portal homepage as a valid, effective and sufficient means for the disclosure of any matter that relates to the services object of this Agreement, as well as such as the conditions of its provision or any other matter dealt with therein, except as expressly provided for herein.
11.1. The CONTRACTOR shall not be liable for any damages that may be caused by loss of stored content, delays (of any kind) in transmission, loss in transmission, or interruption of services caused by negligence of the companies involved in the process or errors and omissions of the USER. , performance failure, interruption, delegation, defect, delay in operation or transmission access communication line failure caused by the telephone company responsible for the service support service provided, theft or destruction by any unauthorized access, alterations or use of recordings, not being responsible, even, for confidential information sent by email.
11.2. The parties agree that the CONTRACTOR may, in its sole discretion, change any technical procedure regarding the services contracted without prior notice.
11.3. Failure by either party to exercise any right hereunder shall not constitute novation, transaction or waiver of such right, which may be exercised at any time.
11.4. If any clause, term or condition of this Agreement is found void or will be annulled by any final and unappealable judicial decision, such nullity or nullity will not contaminate the other clauses of this Agreement, which will remain in full force, provided that it can still be maintained. the contractual equilibrium now adjusted.
11.5. The titles used to reference the clauses of this instrument are merely illustrative, and the terms of the clauses shall prevail at all times in relation to the securities used.
11.6. The Parties hereby grant the force of an Extrajudicial Enforcement Order pursuant to Article 585, II of the Code of Civil Procedure.
12.1. We will not provide private data such as phone, address, images, motion text information, but you are aware that quantitative information may be shared with partners and reused by our marketing team.
12.2. Eventually in the event of a court order or competent authority, we may be required to provide your details.
12.1. The Parties elect, to settle any claims arising from this agreement, waiving any other, however privileged, the Forum of the City of Porto Alegre in the state of Rio Grande do Sul, Brazil.