Terms and Conditions of Use
These terms of use apply to all services offered by COSMO SOFTWORKS DESENVOLVIMENTO DE SOFTWARES LTDA, a private company with headquarters at Avenida Brigadeiro Faria Lima, No. 1,461, Jardim Paulistano, in the City of São Paulo, State of São Paulo, registered with CNPJ / MF under number 23.171.476 / 0001-90, owner and responsible for the operation of the 2defy application, in these terms simply called '2defy'. 2defy and the USER enter into this SOFTWARE LICENSE AGREEMENT - hereinafter referred to as SOFTWARE LICENSE AGREEMENT, which defines the conditions under which the USER may access and use the functionalities of the 2defy property system (the 'PORTAL / APPLICATION') ), made available on the web and its use limited to the present licensing conditions, being 2defy and USER hereinafter referred to as Parties.
In this act represented in the form of its SOCIAL CONTRACT, hereinafter called COSMO SOFTWORKS; USER, individual who acquires the license to use the Computer Software and other services of this CONTRACT, upon acceptance by electronic means, hereinafter referred to simply as USER. Together, COSMO SOFTWORKS and USER referred to as 'Parties' and, separately, 'Party', give regular and stable form to this SOFTWARE LICENSING AGREEMENT and INFORMATION TECHNOLOGY SERVICES ('CONTRACT'), through electronic subscription.
1. GENERAL TERMS
1.2 COSMO SOFTWORKS is the exclusive owner of the copyright on the 2defy application, being able to use, enjoy, enjoy and dispose of them, especially for technological enhancement, alteration of versions, commercial agreements, promotional campaigns, among other features or services that can be added, whether for a fee or free of charge.
1.3 The legal relationship established between the Parties is not a consumer relationship, according to article 2 of the Consumer Protection Code, which provides for the concept of consumer.
1.4 The USER has information, independence and contractual freedom that allow him to adhere to this CONTRACT and the 2defy PRIVACY POLICY, and to discipline his relations with COSMO SOFTWORKS and its chain of suppliers of products and services, including those of a financial nature.
2. INTELLECTUAL PROPERTY
The USER does not acquire, by this instrument, any intellectual property rights or other exclusive rights, including patents, designs, trademarks, copyrights or rights to confidential information or business secrets, on or related to 2defy or any part of it, other than those rights expressly licensed thereto under this CONTRACT or in any other mutually agreed CONTRACT in writing that the USER may have entered into with COSMO SOFTWORKS. Any rights not expressly granted under this instrument are exclusively reserved.
3. SOFTWARE USE LICENSE
Subject to the terms and conditions of this instrument, this CONTRACT grants the USER a revocable, non-exclusive and non-transferable license to use the 2defy application. The USER may not use or allow the use of the 2defy application for any purpose other than the use of parts related to his business. This license does not imply the ability to access software other than those originally located on 2defy. Under no circumstances will the USER have access to the source code of the 2defy application now licensed, as it is the intellectual property of COSMO SOFTWORKS.
4. GENERAL CONDITIONS OF CONTRACTING
PURPOSE - This CONTRACT has the purpose of licensing the use of the Software (s) and providing services from COSMO SOFTWORKS.
COPYRIGHT - COSMO SOFTWORKS is the exclusive owner and holder of copyrights over 2defy, protected and regulated by Law 9.609 / 98.
4.1 Infringement of COSMO SOFTWORKS 'copyrights implies indemnity for losses and damages under the law.
4.2 Among other illegal practices, the use, modification, commercialization or unauthorized integration of 2defy is considered to be copyright infringement by COSMO SOFTWORKS.
5. BRANDS AND WEB / APPLICATION
The use of the COSMO SOFTWORKS and 2defy brands, which include the name, logo and signs, is prohibited, except with the express consent of COSMO SOFTWORKS.
All copyrights relating to the web / application, design, programming, content are reserved to COSMO SOFTWORKS, the reproduction, communication, distribution and transformation of said protected elements are expressly prohibited, except with the express consent of COSMO SOFTWORKS.
6. LICENSE TO USE - The license to use the Software assumes:
6.1 Internet connection to create and activate access to the application.
6.2 Internet connection for using online features.
6.3 Respect for and adherence to 2defy'S PRIVACY POLICY and fundamental rights to privacy, image and data preservation rules, including commercial conditions, orders, personal and registration records.
6.4 The responsibility of the USER in relation to the data transmitted through 2defy.
6.5 The USER's responsibility for the information entered in 2defy.
6.6 The USER's liability for losses that COSMO SOFTWORKS will bear as a result of its relationship with users, being obliged to reimburse it in the amount of losses.
6.7 The USER's responsibility to inform about blocking or restrictions on the use of the 2defy application, by means of immediate unequivocal communication, committing himself to do so by using all possible means to effect the referred communication to COSMO SOFTWORKS.
6.8 The license and rights arising from this CONTRACT cannot be transferred to third parties without the express authorization of COSMO SOFTWORKS.
7. WARRANTY AND VALIDITY
7.1 Misuse of the 2defy application will result in the loss of warranty and access to the application.
7.2 Within the technical validity period, according to the contractual term, COSMO SOFTWORKS guarantees the provision of services related to the proper functioning of the 2defy application.
7.3 2defy will be considered adequate as long as it is sufficient for its intended use according to its technical specifications.
7.4 The USER is responsible for maintaining hardware, internet connection and other software in the standards established by its suppliers and appropriate to the technology to meet the basic needs of access to the 2defy application.
7.5 As it is an immaterial movable asset, subject to adaptations and technological increase, COSMO SOFTWORKS does not guarantee that the 2defy application will not present errors, but will do its best to fix them if they occur.
7.6 The USER understands and accepts that he is adhering to the 2defy application and that it is subject to failures, version updates, layout changes and other inconsistencies common to the type and level of the system used as well as its maturity.
7.7 Face-to-face services, customization and integration with other systems, are not part of the standard service offered in this CONTRACT.
8. RESPONSIBILITY
The Parties recognize and declare that the responsibility for the use of the 2defy application is of means and not of result, limited to the following provisions:
8.1 Obligations of COSMO SOFTWORKS - COSMO SOFTWORKS develops and licenses software and is responsible for the quality of the software and its professionals, under the terms of the Law and the CONTRACTS it establishes with its USERS.
8.2 Scope of action of COSMO SOFTWORKS - COSMO SOFTWORKS does not mediate, edit, audit, inspect and monitor the use of the 2defy application and relationships between its USERS and Users, except for technical and statistical purposes, without disclosure or registration Users' identity. Its solutions, simply, contribute as an instrument or means of communication, with technology and qualified professionals.
8.3 Misuse - COSMO SOFTWORKS is not responsible for damages resulting from misuse or inability of the USER to transmit, receive, insert and extract information from the 2defy application. COSMO SOFTWORKS is also not responsible for the interpretation that the USER makes of the tax-tax legislation, use of the 2defy application and Business Information inserted in it.
8.4 Integration - COSMO SOFTWORKS is not responsible for the unauthorized integration of 2defy with other software and / or with the USER's computing environment that may generate inefficiency or data distortions.
8.5 Back-Up - COSMO SOFTWORKS is responsible for the maintenance, preservation and back-up of your data.
8.6 Third Party Fact - For the purposes of this CONTRACT, the Parties acknowledge that 2defy is safe, however, as in other virtual environments, it is subject to threats and criminal violation, these causes being the exclusive responsibility of the Parties. Also, web technologies are supported by communication services, such as internet and telecommunications network, not offered by COSMO SOFTWORKS and which may impact the performance of the 2defy application, these facts being third parties, excluding the responsibility of the Parties.
8.7 Data Center - COSMO SOFTWORKS may contract Data Center infrastructure with third parties.
8.8 Information - The USER must immediately notify COSMO SOFTWORKS of any information he receives about the security of the 2defy application, including confirmed or unconfirmed information about adverse, serious or unexpected events associated with its use.
8.9 Force Majeure or Force Majeure - The Parties will not be liable for damages resulting from act of God or force majeure, pursuant to Article 393 of the Civil Code.
8.10 Examples of Act of God or Force Majeure - among others, are examples of Case of God or Force Majeure that exclude the responsibility of the Parties, the following events:
8.10.1 Failures resulting from a fact or impediment beyond the reasonable control of the Parties.
8.10.2 Acts or facts whose non-conformity the Parties could not reasonably expect or take into account at the conclusion of the CONTRACT.
8.10.3 Facts that the Parties could not reasonably have avoided or overcome its effects, including malicious actions, intervention of third party software, antivirus, firewall, proxy, among others.
8.10.4 War (declared or not), armed conflict or serious threat thereof, hostile attack, blockade, military embargo, invasion, act of foreign enemy, civil war, rebellion, riot and revolution, commotion or disorder, crowd violence or act of civil disobedience.
8.10.5 Act of sabotage, terrorism or piracy, including cyber piracy.
8.10.6 Act of authority, regulation, expropriation or compulsory acquisition.
8.10.7 Nature facts, pests, epidemics, natural disasters such as storm, cyclone, typhoon, hurricane, lightning, tornado, violent storm, earthquake, volcanic activities; landslide, tsunami, tsunami, flood, damage or drought destruction.
8.10.8 Explosion, fire, lightning, destruction of machinery, equipment, factories, and any type of installation, breakdown of transport, telecommunications or electric current.
8.10.9 General disturbance at work, such as boycott, strike, lock-out, occupation of factories and facilities.
9. CONTRACT DURATION AND CONTRACT EXTENSION
9.1. This CONTRACT will come into effect on the date of your electronic signature or adhesion and will remain in force for one (1) year. If the Parties do not manifest themselves until thirty (30) days before the expiration of the CONTRACT, it will be extended for an equal period in order to protect the social function of the contract. After fifty (50) days before the contract expires, the USER will be informed of the expiry of the conditions proposed by COSMO SOFTWORKS.
9.2. The CONTRACT may be terminated in its own right in cases of bankruptcy, judicial, extrajudicial recovery or liquidation.
10. MANIFESTATION OF WILL
The clauses of this CONTRACT were read and reviewed by a capable person and its signature or adhesion presupposes the assumption of all the obligations provided for therein. The Parties acknowledge that this CONTRACT is entered into freely and by mutual agreement, and its conditions are proportional, with no defects or defects that may cause its nullity, in particular related to intent, error, fraud, simulation or coercion, without any fact that can be configured as a state of danger or need.
11. AVAILABILITY OF RIGHTS
Abstaining from exercising any rights or faculties or agreeing to delays in fulfilling obligations will be considered acts of liberality, not constituting novation or alteration of contractual conditions.
12. CONFIDENTIALITY OF INFORMATION
12.1. The Parties must observe the 2defy PRIVACY POLICY.
12.2. This CONTRACT has data and information that must be kept confidential, under penalty of liability.
12.3. Unauthorized access to the source codes of the 2defy application is prohibited, under penalty of indemnity and a fine of five (5) times the contract value by the infringer without prejudice to the other relevant legal sanctions.
12.4. The USER allows, according to the PRIVACY POLICY, data to be transmitted through the 2defy application, to meet specific functionalities, commercial, promotional and financing operations.
12.5. In the event of a merger, acquisition or sale of equity interest by COSMO SOFTWORKS, the data, in its entirety, may be transferred to the third party involved with thirty (30) days prior notification to the USER.
13. INDEMNITY AND FINE
Violation of the obligations provided for in this CONTRACT will result in the offender being obliged to indemnify for losses and damages, in addition to a fine of five (5) times the contract value without prejudice to other legal sanctions, according to the circumstances of the case.
14. INDEPENDENCE OF THE PROVISIONS
If any clause of this CONTRACT is deemed invalid, null or inapplicable by any competent court, the other clauses will remain valid and in full force, as if such invalidity, nullity or inapplicability had not occurred.
15. TOLERANCE
Any tolerance between the Parties with respect to default or non-compliance with the obligation, clause, term or condition established herein, does not constitute a precedent, waiver of obligations, amendment or novation to the CONTRACT, which only operate by written agreement between the parties.
16. LINKS OF THE PARTIES AND SUCCESSORS
The Parties, their heirs or successors, are bound by the obligations provided for in this CONTRACT, in any capacity and at any time, in an irreversible and irrevocable manner.
17. THE FORUM
Brasília - Federal District is hereby elected to resolve any doubts regarding compliance with this instrument.