1.1 This is an Agreement signed between the Contractor, from now on User, and the legal person Eteg Tecnologia da Informacao S/A, Eteg being the fantasy name, enrolled in the CNPJ nº 04.334.333/0001-08, holder of the intellectual property to software, websites, applications, contents and other assets related to Eteg. This “Terms and Conditions” governs the use of all applications developed and made available by Eteg.
1.2 The use of the application means the analysis of all the terms now described and consent to the fulfillment of them. In case of non-acceptance or agreement with any of the terms contemplated in this document, it is enough that the user does not use the application developed by Eteg.
2.1 These Terms and Conditions apply to all quotations, offers, acts, agreements and other legal relationships signed by Eteg, even if these goods or services are not described in these Terms and Conditions, unless expressly agreed otherwise.
2.2 These Terms and Conditions also apply to additional assignments and subsequent assignments from the User.
3.1 Eteg reserves the right to, any time, unilaterally amend or supplement these Terms and Conditions. Amendments will take place immediately.
3.2 Amendments and additions also apply to currents Agreements. In this case, after the changes have been published, continued use of the application will imply consent by the User to comply with the terms that may have been modified.
3.3 The non-acceptance of any changes and/or additions to this term requires the User to express manifestation in order to terminate the Agreement and, therefore, have the application uninstalled from its platform.
4.1. Eteg declares that the applications are under continuous development and may contain gaps, which is why their use is provided “as is” without warranty of any kind. Eteg does not guarantee that the operations of these applications will be continuous and fault-free.
4.1.1. Eteg is committed to providing the User with full acknowledgement of the application’s functionalities and the stage of development in which it is found, including the possibility of failures in operation, in order to prepare decision-making.
4.2. By using an integration application, the User guarantees that owns all the necessary licenses/authorizations/permissions for the use of the platform or service.
4.3 If the User does not fulfill a contractual obligation towards Eteg or acts contrary to the terms and conditions, Eteg has the right to interrupt or limit the use of the applications, without any prior notice of default being required.
4.4. The contents transmitted by the applications are the User’s responsibility. Eteg disclaims any direct or indirect liability for these contents.
5.1. Eteg reserves the right to, any time and unilaterally, the application values, without any prior notice required.
5.2. The amounts applied are those that are in force at the time of hiring/installing the application.
5.3. All Eteg prices for applications are expressed in dollars. Thus, since it is an international currency, subject to exchange variation, Eteg is not responsible if the values resulting from any conversion to the national currency exceed the expectations and possibilities of the User.
5.4. The indicated values refer only to the subscription / contracting of the application, not including subscription, purchase or contracting of platforms or services to be integrated, if the application is for integration.
5.5. When contracting, the User’s financial information may be requested. By providing such information, the User agrees with the charges and form of payment.
5.6. The contracting of services will be automatically renewed by the platform, unless otherwise stated by the user, through the subsequent charge in the same form of payment indicated by the user when contracting/installing the application.
5.7 The User will be in default whenever the payment is not contemplated in time, due to the law and independent of specific notification, being the User subject to the payment of interest on late payment or having the application discontinued.
5.8. Eteg is not obliged to send an invoice if the Agreement is a continuing performance agreement.
6.1. If the use of the application extends to the development of software, documentation, advice, reports or other specific work, the parties shall specify by means of electronic reporting which works will be developed, which requirements they must meet, the manner in which this will be executed and the values to be agreed.
6.2. Eteg will carry out the development with due care on the basis of the information provided by the User. The User guarantees the correctness, completeness and consistency of its instructions and data. Eteg will carry out the development to the best of its ability, yet can in no way be held liable for not achieving the result intended by the User.
6.3. Eteg is entitled, but not obliged, to investigate the correctness, completeness or consistency of the source materials, requirements or specifications made available to it. If Eteg in doing so identifies any shortcomings, it can suspend the agreed work until the User has removed the defects in question to the satisfaction of Eteg.
6.5. Unless agreed otherwise, Eteg has the right to use images, software and components from third parties, including open source software, in the development of the work. After delivery, the responsibility for correct compliance with the relevant licenses of third parties lies with the use of the developed works at the User.
6.6. The User is not permitted to sell, lease, sublicense, alienate or grant limited rights to the developed works or to make them available to a third party in any way or for any purpose whatsoever, not even if the third party concerned uses the software exclusively for the benefit of the User, unless expressly agreed otherwise by (electronic) communication between the parties.
7.1. All materials, software, analyzes, designs, documentation, advice, reports and quotation are exclusively vested in Eteg (or third parties who have authorized it to use) and are protected by international laws and treaties. Copying, reproduction or any other type of use is prohibited, and offenders are subject to the corresponding civil and criminal sanctions, pursuant to Laws 9.279/96, 9.609/98, 9.610/98. Source codes will not be transferred at any time, unless explicitly agreed otherwise by means of an electronic message.
7.2. The User is not permitted to remove or change any designation concerning copyrights, brands, trade names or other intellectual property rights from the materials, including indications concerning the confidential nature and secrecy of the materials.
7.3. Any use, reproduction or disclosure of the materials that falls outside the scope of the Agreement is considered to be a violation of copyright.
7.4. If the user violates the Intellectual Property rights of Eteg or third parties, he will be the only responsible for any damages and penalties incurred, committing himself to exempt Eteg from any liability to third parties.
8.1. The personal data of the Userwill be used exclusively for the purposes of development and/or installations of the applications, of for the collection of agreed values, and may not be shared by Eteg to any other purpose than those previously described, unless explicit authorization by the User.
8.2. The User consents, unequivocally, from the acceptance to this Agreement, with the use of his personal data for the purposes defined in the previous article.
9.1. Integration applications have execution, performance and functionality limited to the resources that the platform being integrated has/offers. Eteg is not responsible for damages or errors in the application, resulting from poor functionality, errors or failures arising from the compromised user or third parties.
9.2. The Terms and Conditions of Zendesk will also apply to the use of the application: https://www.zendesk.com/company/terms/.
10.1. Fortuitous cases or force majeure are excluded from the parties responsibilities, in accordance with Brazilian law.
10.2. In case of doubts, suggestions, requests or complaints about the application, the User should contact Eteg through the following email: email@example.com.