I2GO Platform service contract
Welcome to the i2GO Platform
ATTENTION: CONTRACTING PARTY, READ THE TERMS OF THIS AGREEMENT CAREFULLY! By accepting it, by clicking on the indicated location, you agree to:
Sumaúma Samauma Brands Comércio, Importação Exportação De Eletro-Eletrônicos Ltda, registered with the CNPJ under number 16.593.757 / 0001-76, located at Rua Pennsylvania, 1136 - Casa 6 - Cidade Monções - São Paulo / SP - Cep: 04564-003 - Brazil, hereinafter referred to as CONTRACTOR.
the headings of the Clauses of this Agreement are for reference purposes only and will not affect in any way the meaning or interpretation of this Agreement;
the terms "this", "this", "under this" and / or other terms of similar meaning, as the case may be, shall refer to this Agreement as a whole and not to any particular provision of this Agreement.
Therefore, the parties decide to enter into this Agreement, which will be governed by the following clauses and conditions:
CLAUSE ONE: OBJECT
1.1 - The purpose of this instrument is to provide, by the CONTRACTOR to the CONTRACTING PARTY, "management services for intelligent life equipment", on the basis of which it can access the smart terminal through the I2go Platform through i2GO Home, and make interconnections between intelligent equipment The content of the service includes intelligent equipment management, scene interconnection and analysis report, etc. Such functions can be optimized or modified
according to the changing demands or judgments of the service provider, and the provision of services may be suspended due to regular and irregular maintenance., hereinafter referred to only as "PLATFORM i2GO Home" or only "PLATFORM" which can be accessed through the Internet at the following email address: https://www.i2go.com.br/ , thus, the CONTRACTING PARTY understands and agrees that the service is provided "as is" and "as available".
1.1.1 - The i2GO home Software that will provide the performance of "intelligent life equipment management services" will be called "i2GO PLATFORM" or "PLATFORM" and will have the following characteristics:
Through the "PLATFORM", the CONTRACTING PARTY may make interconnections between intelligent equipment. The service content includes intelligent equipment management, scene interconnection and analysis report.
The parties acknowledge that the CONTRACTED PARTY does not provide services under any type of license, with access being released only while the CONTRACTING PARTY is in compliance with its monthly subscription.
To take advantage of the CONTRACTOR's services, the CONTRACTING PARTY will obtain, upon payment, an active monthly subscription that will give access to the "PLATFORM" hereinafter referred to as "ACTIVE SUBSCRIPTION".
The "ACTIVE SUBSCRIPTION" may be carried out on different types of PLANS, and the CONTRACTING PARTY must choose one of them upon payment made through the "PLATFORM" itself.
The PLANS represent prices according to the level of each service chosen at the time of contracting.
1.2 - The CONTRACTING of the services of the CONTRACTED PARTY will be made in one of the PLAN modalities with choice made electronically through the "PLATFORM" being the proof of payment, together with the other forms and information provided by the parties, confirmatory evidence of the celebration of this contract.
1.3 - For logical reasons, regardless of which PLAN is contracted, the CONTRACTING PARTY may make interconnections between intelligent equipment with intelligent management of
equipment, scene interconnection and analysis report, up to the limit of "Storage space" of the contracted PLAN.
1.4 - The CONTRACTING PARTY does not acquire under this Agreement any permanent right or license to use the Services, including the online Software and the "PLATFORM", being able to benefit from the services only for the duration of the contracted PLAN.
1.5 - At the end of the requested services, the right of access and use of the Services will end for the CONTRACTING PARTY.
1.6 - Any and all new functionality, implementations or changes of any kind that may be requested or required by the CONTRACTING PARTY about the software, must be carried out through the email email@example.com and the CONTRACTING PARTY will be subject to payment of amounts previously adjusted for this modification will be inserted, waiving in favor of the CONTRACTOR any rights over intellectual property over what may be requested.
1.7.1 - In addition, for the new functionality, implementation or change to be carried out by the CONTRACTOR, it must be previously approved, given that the software is delivered in the form it is in and any change will be at the CONTRACTOR's sole discretion.
SECOND CLAUSE: RIGHTS AND RESPONSIBILITIES OF THE PARTIES
2.1 - Concomitantly, rights and duties, consisting of the CONTRACTOR's obligations, but also a prerogative that only it can exercise or dispose of:
make available and maintain updated Online Software that can be accessed through the Internet and handled online, without transmitting a license.
guarantee the means to perform interconnections between intelligent equipment with intelligent equipment management, scene interconnection and analysis report.
provide technical support for "PLATFORM" if requested.
2.2 - Concomitantly, rights and duties, consisting of obligations and prerogatives of the CONTRACTING PARTY:
Make use of the means made available through the CONTRACTOR's service provision, perform interconnections between intelligent equipment with intelligent equipment management, scene interconnection and analysis report;
The CONTRACTING PARTY is prohibited from licensing, selling, renting, transferring, issuing the product in any form or using the product for any other commercial purpose.
Due to limitations on the platform and software adaptation platform, you can only use the licensed software on the platform and the authorized system terminal;
If you install the licensed software on other terminal equipment, it may damage your hardware or software function.
You acknowledge that the licensed software may only be used for non-commercial purposes and the installation, application and execution of the licensed software is prohibited. If such a commercial operation is necessary, prior written authorization and permission from i2GO will be obtained.
It is prohibited to issue or share computer viruses, worms, malicious codes or software that deliberately damages or changes the computer's system or data;
It is prohibited to collect information or data from other users without authorization, for example, e-mail address and the like;
Prohibited the use of the product maliciously automatically, causing overload on the server or interfering or damaging the web server and network links in other ways.
The CONTRACTING PARTY is prohibited from visiting server data or product communication data without authorization;
2.3 - The CONTRACTING PARTY will be solely responsible, administrative, civil and criminal for the content of the "CERTIFICATES", recognizing only to use the technological tools available in the "PLATFORM" appropriate to the making and customization of "CERTIFICATES".
2.5 - The parties recognize that the "PLATFORM" may not be available or may be unavailable due to several factors, including, without limitation, periodic maintenance of the system (scheduled or not), manifestations of nature, technical failures of the Software, telecommunications infrastructure or delay or interruption caused by viruses, denial of service attacks, increased or fluctuating demand, third party actions and omissions or any other cause that is beyond the CONTRACTOR's control.
2.6 - In accordance with the principle of good faith, whenever any of the parties may be liable to the other party for loss of profit, or indirect, special, incidental, consequential, coverage or punitive damages, whatever the cause, the aware party notifying the other of the possibility of such damages.
THIRD CLAUSE: TECHNICAL SUPPORT
3.1 - Support is understood as support services regarding the stability of the "PLATFORM", in order to assist in the diagnosis and solution of technical difficulties that may arise during the use of the "PLATFORM".
3.2 - The Technical Support service will be performed remotely between 9 am and 6 pm (Brasília time), from Monday to Friday, except for national holidays and the CONTRACTOR's State of residence.
3.3 - The CONTRACTOR shall provide an electronic contact channel and e-mail to receive requests, or a form for opening calls at a location on the internet.
3.4 - The CONTRACTOR will provide support, only online, of the "PLATFORM", instructing the CONTRACTING PARTY to handle and interact with the online Software in order to assist the CONTRACTING PARTY in the creation, management and commercialization of online courses.
3.5 - Support will be offered in accordance with the provisions for each Plan contracted.
3.5.1 - The following will not be part of technical support:
Samauma Brands Comércio, Importação Exportação De Eletro- Eletrônico Ltda
FOURTH CLAUSE: TERM
4.1 - This contract will remain in force for an indefinite period as long as the CONTRACTING PARTY is paying its monthly fee correctly, and any of the parties may denounce it through the following positions:
FOR THE CONTRACTING PARTY: It is enough to stop making the monthly payment according to the "PLAN" contracted.
FOR THE CONTRACTOR: Just send a notification with a minimum of 30 days in advance.
FIFTH CLAUSE: PRICES
5.1 - For the provision of services, the CONTRACTING PARTY will pay the CONTRACTOR the monthly amount described in one of the "PLANS" that it chooses, according to the level of each service.
SIXTH CLAUSE: ADJUSTMENT AND PAYMENT METHOD
6.1 - The CONTRACTING PARTY will pay the amounts charged for each "ACTIVE SUBSCRIPTION" by bank slip or credit card.
6.2 - The amounts charged for each "ACTIVE SIGNATURE" may be readjusted every 12 months by the accumulation of the IGPM / FGV variation, when positive, or by an index that will replace it, observing the applicable legal norms, having as base date the date of the first payment day.
SEVENTH CLAUSE: TERMINATION OF CONTRACT
7.1 - This contract may be considered terminated in its own right, in the event of default or non-compliance with obligations by one of the parties;
7.2 - This contract may be terminated by the extinction of any of the parties, insolvency, non-payment, decree of judicial recovery or bankruptcy, natural course of the term of "ACTIVE SIGNATURE", if it is not automatically renewed; denunciation expressed expressly by the interested party to the offending party, with a minimum advance of 30 (thirty) days, in cases in which any of the previous clauses is not respected by the offending party.
7.3 - If the CONTRACTING PARTY withdraws from continuing the project initiated and the service contracted under the terms of this contract, the CONTRACTING PARTY shall notify the CONTRACTOR by email of the desire to break the agreement entered into by the parties. the cancellation will only be valid after sending the email by the CONTRACTING PARTY and confirmation by the CONTRACTOR.
7.4 - Upon termination of the contract by any of the parties, all content related to the services provided to the CONTRACTING PARTY will be available for another 6 (six) months, and may, during this period, be carried out, if it is of interest and provided that there is a formal request by email , "backup" of the information. The backup file will be comprised of a file with a "zip" extension, containing the i2GO data in "csv" format. Information such as sales and secure videos will not make up the backup file.
7.5 - After 90 days have elapsed from the due date of the unpaid monthly fee, and if the CONTRACTING PARTY wishes to return with its service, it must notify the CONTRACTED PARTY and submit to the rules described in the TERM OF USE document;
7.6 - In the event that the CONTRACTING PARTY withdraws from continuing the project initiated and the service contracted under the terms of this contract, the CONTRACTING PARTY shall notify the CONTRACTOR by email of the desire to terminate the agreement entered into by the parties.
CLAUSE EIGHT - TRANSFER OF HOLDING
8.1 - It is forbidden to transfer ownership of the plan acquired by the CONTRACTING PARTY to others, even if he / she is ascending / descending from the CONTRACTED PARTY or even a collaborator / representative of the legal entity of the same.
8.2 - In case of request for transfer of ownership, the person responsible must send a notification to our Technical Support center requesting the transfer of ownership, as well as informing the registration data of the new owner.
8.3 - In case of transfer of ownership, the current contract (instance) will be canceled, and a new one will be created linked to the
new holder information. The existing content on the "Platform" will be maintained, only by changing the responsible person.
8.4 - In case of discrepancies between the registration information referring to the new holder (CPF / CNPJ incompatible with the name of the person or legal representative), the contracting will remain with the current effective holder and will continue under the normal rules of contracting and operation.
8.5 - After requesting a change of ownership, the CONTRACTOR may request from the CONTRACTING PARTY documents that prove the veracity of the person (Physical or Legal) responsible for the new ownership.
CLAUSE NINE: GENERAL PROVISIONS
9.1 - The signatories to this contract ensure and affirm that they are the competent legal representatives to assume on behalf of the parties the obligations described in this contract and to effectively represent their interests.
9.2 - The parties are fully independent contractors, each being fully responsible for their acts, obligations and content of the information provided, in any and all circumstances, since this instrument does not create a partnership, employment or commercial representation relationship between them , and neither of them may declare that it has any authority to assume or create any obligation, express or implied, on behalf of the other, nor to represent it under any pretext and in any situation.
9.3 - The non-exercise by any of the parties of rights or faculties that assist them as a result of this contract, or the tolerance with the delay in fulfilling the obligations of the other party, will not affect those rights or faculties, which may be exercised at any time. time, at the sole discretion of the interested party, without changing the conditions in this instrument stipulated.
9.4 - Any tolerance by either Party as to the delay, non-compliance or inaccurate compliance with any of the provisions of this Agreement, shall not be interpreted or understood as a waiver of any right of the other Parties,
it shall not prejudice the right to demand compliance with the assumed obligation and shall not constitute a novation.
9.6 - Each Party is responsible for the full and punctual payment of any and all taxes that are levied or will be levied on the achievement of the object of this Agreement, and whose Party, as the legal subject of the tax relationship, is required to payment of said taxes.
9.7 - The court of the Capital of the State of São Paulo is elected, to decide any dispute arising from this instrument.