1. The Websites Services
1.1 The Websites are operated by SENSEDATA TECNOLOGIA LTDA (“SenseData”, “us”, “we”, or “our”). “Customer,” “you”, “your”, "user", "customer" means the party using the Website and Services.Through the Website, SENSEDATA gives to you access to data, informations regarding the Platform.
2.1 Your use of the Services and Websites is governed by these General Terms and Conditions of Use (the “General Terms”), which You must read carefully before using the Websites and Services.
2.2 By registering, accessing and using the Websites in any way, including browsing, viewing, downloading, generating, receiving and transmitting any data, information or messages to or from the Websites, You expressly agree, on Your behalf and on behalf of Your company or on behalf of Your employer, to these General Terms, as updated from time to time, whether You are a registered user of the Services or not, You undertake to respect and comply with all the provisions contained herein, as well as the provisions of the legal notices governing the use of the Websites and the Services.
2.3 These General Terms constitute a binding contract between SENSEDATA and You. If You do not agree to these General Terms, do not use the Websites or the Services.
3. Website and Services Access
3.1 In order to access the Website and use the Services, you must maintain and operate the necessary software and hardware. You are solely and exclusively responsible for purchasing, installing and maintaining any and all software and hardware necessary to access the Website and use the Services. We are not responsible for any technical difficulties you may encounter as a result of using these software and hardware.
3.1.1 The System will be made available to you through remote server access to Our server, which shall comply with all terms and conditions set forth herein.
4. Registration Process
4.1 SENSEDATA may require You to register to use the Free Services and/or request You to register before using any free part of the Service.
4.2 By registering, You agree to provide true, correct, up-to-date and complete information (the “Registration Data”) as requested in the registration format made available to You through the Websites, under penalty of liability under applicable law.
4.2.1 In addition, You are responsible for always keeping your business registration with SENSEDATA, as well as for other SenseData communication channels, communicating immediately, whenever there are any changes in your data, including, but not limited to address, phone number and email address.
4.4 You will receive a password and account designation at the time you complete the registration process, being right that such data is personal and non-transferable (the “Login Data”). You are solely and exclusively responsible for maintaining the confidentiality of such data, as well as for all activities that occur through the use of your Access Data.
In addition, You undertake to:
(i) Promptly notify SENSEDATA of any unauthorized use of your Access Data or any other breach of security, including, but not limited to, the or theft of your Access Data; and
(ii) Log out of your account at the end of each usage session.
4.6 We will not be responsible for any loss or damage arising from Your failure to comply with this section.
5. Our obligations
5.1 Keep the contracted service available 24 hours a day, 7 days a week, except: (I) during planned outages (which will be notified by Us at least 8 hours in advance via email, or notified in the System, and that will be scheduled in every way possible during weekends or non-business hours on weekdays, or (II) any unavailability caused by force majeure, government action, floods, fires, earthquakes, civil conflicts, acts of terrorism, strikes or labor problems (except those involving SENSEDATA employees), failures or delays of the Internet service provider.
5.2 Make available a downloadable file of keyword and lead database in Comma Separated Value (CSV) format (“Data”) for a period of 30 (thirty) days from the actual termination of the services. After this period, SENSEDATA will not be required to maintain or provide Your data, knowing that it will be removed from Our systems except when prohibited by law or court order.
5.3 Offer free remote support in relation to the use of the System. Requests must be made exclusively via email at [email protected]. Responses will be sent until the next business day and during business hours (9am - 6pm GMT -3).
6. Damage Exclusion
SENSEDATA is not responsible for damages and losses of any kind caused by third parties who may have access to the system from access or from Your profile. Neither will SENSEDATA be held responsible for accessing, intercepting, deleting, altering, modifying or manipulating the files owned by the contractor, when arising from access by unauthorized third parties in a physical or virtual environment outside SENSEDATA.
7. Your obligations
7.1 Use the System in its business activity under its strict terms, while also respecting current legislation and the rights of third parties;
7.2 Be fully and exclusively responsible for the acts performed by users, third parties authorized by You to access the System through the creation of new user accounts.
7.3 Take all security measures to ensure that Your personnel and/or third parties do not violate any intellectual property rights of SENSEDATA, and notify SENSEDATA immediately in the event of any intellectual property infringement of which you become aware;
7.4 Take all necessary measures to ensure that the System is used in compliance with these Terms, being responsible for any intellectual property violations of SENSEDATA or any third party committed by you or Your employees and agents.
7.5 Take all necessary measures to ensure that the System is not misused, considered, but not limited to, importing a purchased contact list, sending SPAM and posting offensive and illegal content.
7.6 Failure to comply with any obligation under this clause authorizes SENSEDATA, regardless of prior notice to the User, to block or suspend the use of the System for an indefinite period, and You are solely and exclusively liable for any damages you may incur due to improper use of the System, as well as any damage it may cause to third parties for the same reasons.
8. Services or Websites Changes
8.1 SENSEDATA reserves the right to modify, suspend, terminate or discontinue any aspect of the Websites at any time, including the availability of any Services, information, features or functionality accessible through the Websites. We may also impose limitations on certain features, functionality or services or restrict Your access to parts or all of the Websites and/or Services without prior notice and without liability to us for any harm you may suffer.
8.3 SENSEDATA reserves the right, at any time or title, to control and/or change the appearance, development and/or operations of the Website in Our sole discretion, as well as to establish and modify the procedures for Your contact with us, without the need for prior notification.
9. Links to other Websites
9.1 The content of any websites You access from Our Websites is completely beyond our control. The access to and permanence on such websites will be at Your own risk. The inclusion of these links on the Websites does not imply in our endorsement or consent to any products, services, content, information or materials offered by or accessible to You on third party websites. We do not represent or warrant any third party websites You may access from Our Websites. We do not accept any responsibility whatsoever with respect to any material contained on any other website. Any opinions or recommendations expressed on such other websites are solely those of independent providers and are not, nor represent, the opinions or recommendations of SENSEDATA.
9.2 All copyrights and trademarks accessible through the website links are the property of the respective website owners or their licensors.
10. Intellectual property
10.1 The Websites, the Services, their structures and all functionality contained therein, all information, data, text, images and graphics and all components used on the Websites (“Content”) are protected by copyright and other intellectual property rights. You acknowledge that SENSEDATA owns all rights, titles and interests in the Content and that You will not, through the use of the Website, acquire any rights of its own.
10.2 We own all data coming from Our operation of the Websites and You shall not object to any use of such data by Us.
10.4 Licenses for use of Our Websites are granted in a non-exclusive, non-transferable, non-sublicensable manner and are revocable at any time with respect to any Content provided to You for exclusive use in the processing of internal systems. SENSEDATA does not grant any other license or authorization to your industrial and intellectual property rights or to any other property or rights related to the Services and/or the Websites. SENSEDATA reserves any and all rights to its trademarks, copyrights, and other intellectual property rights available on Our Websites and is prohibited its use without Our express permission, under penalty of liability under applicable law.
11.1 For the contracted services, You will pay to SENSEDATA the amounts according to the chosen plan, conforming to values defined through commercial proposal.
11.1.1 Our services are prepaid, in other words, the system will be available from the confirmation of the first payment. Your plan will be charged monthly.
11.2 Amounts not paid upon their respective maturity will be subject to a fine of 2% (two per cent) and interest of 1% (one percent) per month until the actual payment, without prejudice to any other rights of SENSEDATA under this Term.
11.3 In case the Contract is extended after the expiration of the term of the Proposal, the monthly installments will be adjusted every twelve (12) months, always from the date of this Contract, by the accumulated IGP-M/FGV index referring to the adjustment period, being forbidden the application of negative variation, or by another index that comes substitute it or, in its absence of substitute, by the simple average of the main economic indices that determine the accumulated annual inflation, starting on the date of extension.
11.4 SENSEDATA is authorized, at its sole discretion, to discount, pledge, assign, transfer, by endorsement or civil assignment of credit, in whole or in part, all credit and warranty rights arising from this agreement, regardless of consent of the User, being the assignee creditors and beneficiaries of credit subrogated in all credit rights of this instrument.
12.1 To cancel services, you need to contact SenseData through your Customer Success Manager.
13. Warranty and Disclaimer
13.1 While we have endeavored to protect and ensure that the content of the site it is reliable, no warranty (express or implied) is made to its currency, accuracy, completeness or impartiality and therefore you should, if necessary, obtain an independent verification of the information contained herein.
13.2 We (I) do not assume any liability, in any way, regarding any Content contained on the Websites, on the Services provided or any information provided by or through the Websites, and (II) we do not warrant that the Website or any Services or Content will be uninterrupted or error free, that defects will be fixed or that the Websites, the server on which it is available, or any system connected to it, are free of viruses or other harmful components.
13.3 You acknowledge that You must use the Websites, its Content and Services at your own risk, and that the Websites, its Content or Services may contain technical problems or other limitations for which We assume no responsibility and cannot be held responsible for any damages that may arise from technical problems, limitations, bugs or viruses in connection with Your access or use of the Websites, its Content or Services.
14.1 Except in the case of proven misconduct, SENSEDATA will not be liable at any time for (a) loss or damage of any kind as a result of any Content posted on the Websites, these General Terms, the Services or any other information, data, software or service provided through the Websites; or (b) any losses resulting from orders or purchases of third party goods or services made through or based on information or Content provided on the Websites. Our total and cumulative liability to You may under no circumstances exceed the total amount actually paid by the User in the last 12 (twelve) months prior to the occurrence of the loss.
14.2 By no means shall SENSEDATA be liable for any indirect damages of any kind that may, directly or indirectly, be attributable to the use, or inability to use, of the Websites, any published content of the Websites, or these General Terms, Services, or any information, data, software or service provided through the Websites, even if warned of the possibility of such damage or if such damage was foreseeable.
14.3 We will not be liable to You for any delay or non-performance of the Services, or failure to access the Websites or any portion of the Content, arising out of any cause beyond our reasonable control or the providers of Our services.
14.4 You are responsible for the content of Your messages or any other data, information or materials distributed through the Websites. You are responsible for all obligations to third parties arising from Your use of the Websites, including contractual, tax and regulatory liabilities. You agree to indemnify us for any costs, expenses or liabilities that we incur, and any claims or lawsuits that may be brought against SENSEDATA as a result of Your use of the Services, the Websites or any Content therein.
15. Acceptable Use Policy
15.1 You agree not to:
(i) use the Websites, any of their Content as well as the Services for private purposes or personal reasons, but only for Your normal business activities, for Your company or your employer; pessoais, mas somente para as Suas atividades normais de negócios, ou da Sua empresa ou do seu empregador;
(ii) use the Websites, any of their Content as well as the Services for any unlawful purpose;
(iii) make available through the Websites or upload files, data or any other materials not owned or licenced by You;
(iv) make available through the Websites or upload files, data or any other materials that You know contain viruses, bugs, corrupted data or other harmful items;
(v) interfere in the normal operation of the websites;
(vi) interfere in other parties' use and access to the Websites, their Content and Services; and
(vii) post, public, distribute or disseminate defamatory, infringing, obscene, indecent or illegal materials or information through our Services or the Websites.
15.2 SENSEDATA reserves the right to immediately suspend or block Your access to the Websites or any Service, and to remove any information or data that we consider to be in violation of any of these General Terms without further notice and / or make such information available upon request by public bodies or by court order.
15.3 SENSEDATA works and endeavors to keep the Websites and Services up and running, however all online services are subject to occasional interruptions and stops. SENSEDATA is not responsible for any interruption or loss You may suffer as a result of such interruptions or stops.
16.2 You have the right to terminate your access to the Websites and all Services by contacting SenseData through your Customer Success Manager.
16.3 Cancellation can be requested at any time and the Platform will be active until the end of its paid accrual.
17. Applicable Law
18.1 Notifications may be given by Us or You by email. Our addresses for this purpose are: [email protected] , [email protected].
19. General Provisions
19.2 Taxes and other charges owed, direct or indirect, by virtue of amounts paid or received under this Agreement or by virtue of its execution shall of responsibility of the taxpayer as defined at the tax norms, without refunds rights.
19.4 Labor Obligations: This Agreement is strictly civil in nature and there is no employment relationship between You and SENSEDATA employees, officers or agents and vice versa.
19.5 SENSEDATA's sole responsibility: To bear the burden of labor, social security, federal, state and municipal taxes, FGTS and other records relating to the employment relationship between SENSEDATA and its employees as well as compliance with regulatory standards of labor procedures in force.
19.5.1 Any labor lawsuits that may arise under this agreement shall be governed by the following provisions:
19.5.2 If You are sued at any time, in the context of labor, by employee, agent or third party that has rendered service to SENSEDATA, SENSEDATA is obliged to: (i) voluntarily intervene in the action, claiming Your exclusion from liability of the respective demand; (ii) provide all warranties ordered during the course of the deed, whether at first or second instance; (iii) assume full and exclusive responsibility for the payment of pecuniary convictions and pleadings, keeping You safe and free from any liens and / or financial disbursement in any respect with respect to the proceeding under way; and (iv) bear its procedural expenses incurred as a result of its inclusion in such proceedings, including attorney's fees and other expenses necessary for the defense and full follow-up of the proceedings, provided that the hired professionals are previously appointed or hired with SENSEDATAs authorization.
19.5.3 SENSEDATA shall request Your exclusion at the earliest opportunity in which it manifests itself in the case file or hearing if You are included in the passive pole of claims brought by SENSEDATA employees, collaborators and / or third parties.
19.6 SENSEDATA states that:
19.6.1 does not exploit, and will not exploit, any form of degrading or slave-like labor, in compliance with the Universal Declaration of Human Rights, as well as International Labor Organization Conventions 29 and 105, the Declaration of Principles and Fundamental Rights at Work and the American Convention on Human Rights.
19.6.2 does not use discriminatory and restrictive practices regarding access to, or maintenance of, the employment relationship due to sex, origin, race, color, physical condition, religion, marital status, family status or any other condition.
20.1 SENSEDATA assumes that its agents, employees and subcontractors must comply with all anti-corruption laws, including the Foreign Corrupt Practices Act (FCPA), US Federal Law, United Kingdom Bribery Act 2010 and Brazilian Federal Law No. 12,846 / 2013. SENSEDATA warrants that it will not, by virtue of this instrument, transfer anything of value, directly or indirectly, to any person in the private sector or employees, government employees or government controlled companies, in order to obtain or maintain any other improper benefit or advantage. SENSEDATA warrants that no money will be used as compensation or any other form of bribe or kickback in violation of applicable law. SENSEDATA will keep an accurate and up-to-date accounting of all trades involving this instrument. SENSEDATA agrees to respond promptly to any questions related to the anti-corruption program and other controls related to the provisions of this Clause and to fully cooperate in any investigation of a violation of its provisions.
20.1.1 If any clause of this instrument is held to be unlawful, void or unenforceable for any reason, the specific clause shall be deemed independent of the remainder of this document and shall not affect the validity or enforceability of compliance with the terms of the remainder of this document.
20.1.2 All provisions of this Agreement that provide obligations or responsibilities after the termination of this Agreement shall survive its termination and shall remain in full force and effect, in particular as regards intellectual property, confidentiality and privacy of data and information.
20.1.3 Both Parties expressly acknowledge that the only legal bond between them results from this Agreement or from contracts formally signed between them. Nothing in this instrument shall be construed to place the Parties as partners, associates, consortium members, lending parties or for joint or several liability of any kind, including, but not limited to, civil, administrative, labor and tax liability. SENSEDATA is a Actionable Data Platform for companies, and you are not guaranteed or promised to achieve any quantitative or economic results simply by using it.