Term of Use of the eumostro plataform

First version published on May 10, 2021

 

This instrument contains the GENERAL TERMS AND CONDITIONS OF USE for the eumostro Platform (the “Platform”) and the Website of the same name, and the USER must respect all the obligations of provisions set forth in this instrument..

The eumostro Platform is developed and maintained by Lotsapp Serviços e Sistemas Ltda, a Brazilian company, registered with the CNPJ: 35.450.025 / 0001-71, which makes it possible to use it, in the modality chosen when hiring the Service, or even by granted testing period, in the case of this modality.

If You do not agree with these General Conditions of Use, do not use the eumostro Platform Services. The use of any eumostro Platform functionality implies full acceptance of the terms provided herein. 

 

1. ACCESS TO THE PLATFORM, WEBSITE AND SERVICES

1.1. In order to access the Platform, the Website and use the Services, You must maintain and operate the necessary software and hardware. You are solely responsible for purchasing, installing and maintaining all the software and hardware necessary to access the Website and use the Services, and We are not responsible for any technical difficulties you experience as a result of using this software and hardware.

1.2. The eumostro requires You to register for Services not charged, and / or to request You to register before choosing any part of the service, whether it be free or for a fee.

1.3. When You register, You agree to provide true, correct, updated and complete information (“Registration Data“) as requested in the registration format made available to You through the Website or the Platform.

1.4. We may depend on your Registration Data to establish Your business situation, to provide information about Our Services (in accordance with Our PRIVACY POLICY), or alternatively to identify and / or contact You. If Your Registration Data are not true and correct, or are out of date and incomplete, We may notify you by Email that You terminate the Service immediately or suspend Your account and all current or future uses of the Services (or any part of them).

1.5. You will choose account login and password in the Registration process. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur with the use of Your password and account.

1.6. In addition, You agree to:

  • immediately notify eumostro of any unauthorized use of Your password and account or any other breach of security; and
  • ensure that You sign out of your account at the end of each session.

1.7. We will not be responsible for any loss or damage arising from Your failure to comply with this section.

1.8. We may remove any content or information you share on the Service if we believe that such content violates these GENERAL TERMS AND CONDITIONS OF USE or our Policies or we are authorized or required by law to do so. We may refuse to provide or stop providing all or part of the Service to you immediately (including terminating or disabling your access to the Platform in order to protect our services or our users, or if you create risk or legal exposure for us, violate these TERMS GENERAL TERMS AND CONDITIONS OF USE or our Policies, repeatedly violating the intellectual property rights of others or in case of permission or legal requirement to do so We may also terminate or change the Service, remove or block the content or information shared on the Service or stop providing all or part of the Service if we determine that it is reasonably necessary to prevent or reduce adverse legal or regulatory impacts for us, if you believe your account has been closed in error, or if you want to permanently disable or delete the account. requests the deletion of content that you have published or the deletion of your account, the process begins au within 30 (thirty) days of your request. It is possible that the deletion of the content will occur within 90 (ninety) days after the beginning of the deletion process. Although the process of deleting certain content has already started, the content is no longer visible to other users, but it remains subject to these Terms of Use and our PRIVACY POLICY. After deleting the content, it may take another 90 (ninety) days to remove it from our backup systems.

1.9. Content will not be deleted within 90 (ninety) days after the account or content deletion process begins under the following circumstances:

  • whether the content content was used by other brands under that license, and they did not delete it (in this case, the license will continue to apply until that content is deleted); or
  • if the exclusion cannot occur within 90 (ninety) days due to technical limitations of our systems. In that case we will complete the exclusion as soon as technically possible; or
  • whether exclusion would restrict our ability to:
    • investigate or identify illegal activity or violations of our terms and policies (for example, to identify or investigate misuse of products or systems);
    • ensure the protection of our products, systems and users;
    • comply with a legal obligation, such as preserving evidence; or
    • respond to a request from a judicial or administrative authority, law enforcement or government agency.
  • In this case, the content will be kept only for as long as necessary for the purposes for which it was retained (the exact duration will vary from case to case) .

1.10. If you delete your account or we deactivate it, these GENERAL TERMS AND CONDITIONS OF USE will lead to the dissolution of the agreement between you and us. However, this section and the section below called “Our agreement and what will happen in case of disagreement” will still apply even after your account is closed, deactivated or deleted.

2. OF THE DATA PROVIDED AND OWN PRIVACY POLICY

2.1. All data provided by You are subject to the EUMOSTRO PRIVACY POLICY, and by accepting this Term of Use, You expressly declare to have full knowledge of all conditions regarding the aforementioned POLICY, accessible on our Website and Platform.

2.2. The eumostro reserves the right to change, suspend, terminate or discontinue any aspect of the Website or the Platform, at any time, including availability of any Service, information, features or functionality accessible through the Website or the Platform. We may also impose limitations on certain features, functionalities or services or restrict Your access to parts or the entire Website or Platform without prior notice and without implying any responsibility on You for any loss you may suffer

2.3. Any improvements or additions to the Website, the Platform, or the Services provided will be subject to these GENERAL TERMS AND CONDITIONS OF USE, unless We expressly state otherwise. We may introduce new specific sets of terms and conditions for specific Services, as appropriate, or amend existing specific terms and conditions.

2.4. We reserve the right to control, change the appearance, development and operations of the Website and Platform at Our sole discretion, as well as to establish and change the procedures for Your contact with Us, without notice.

WE DO NOT REINFORCE THE PROPERTY OF YOUR CONTENT, BUT YOU GRANT US A LICENSE TO USE IT

2.5. Nothing changes regarding your rights to your content. We do not claim ownership of your content that you post on or through the Service. Plus, you’re free to share your content with anyone else, wherever you want. However, we do require that you grant us certain legal permissions (known as a “license”) to provide the Service. When you share, publish or upload content protected by intellectual property rights (such as photos, videos and documents) on or in connection with our Service, you grant us a non-exclusive, free, transferable, sublicensable and worldwide valid license to host, use , distribute, modify, transmit, copy, display or publicly perform, translate and create derivative works from your content (consistent with your account privacy settings). This license will end when its content is deleted from our systems. You can delete content individually or all content at once by deleting your account. To learn more about how we use the information and how to control or delete its content, visit the PRIVACY POLICY.

PERMISSION TO USE YOUR USER NAME, PROFILE PHOTO, PRODUCT PHOTO, BRAND NAME, LOGO AND INFORMATION ON YOUR RELATIONSHIPS AND ACTIONS IN ACCOUNT

2.6. You grant us permission to display your username, profile photo, product photo, brand name, logo and information about your actions (like likes) or relationships (like brands You follow) alongside or related to accounts, products and content that you follow or interact with, that are displayed on the platform, without the payment of any remuneration to you. For example, we can show that you liked a story created by a brand that paid us to use the platform.

2.7. You agree that we can download and install plugins or cookies on your device, following the COOKIES POLICY.

3. ACCEPTABLE USE POLICY

3.1. You agree not to:

  • use the Website and Platform, as well as any Content on it as well as the Services for private purposes or personal reasons, but only for Your normal business activities, or Your company or your employer;
  • use the Website and the Platform, any Content on it as well as the Services for any unlawful purpose;
  • consciously make available through the Website or upload files, data or any other materials not owned or licensed to You;
  • make available through the Website and the Platform, or upload files or other data or materials that You know contain viruses, bugs, corrupted data or other harmful items;
  • interfere with the normal functioning of the Website and Platform;
  • interfere with the use and access of other parties to the Website and the Platform, its Content and Services; and
  • publish, post, distribute or disseminate defamatory, transgressive, obscene, indecent or illegal materials or information through our Website Services and the Platform.

ONLY SHARE PHOTOS, VIDEOS MADE BY YOU, OR DOCUMENTS YOU HAVE THE RIGHT TO SHARE

3.2. As always, you are the owner of the content you publish on eumostro. Publish authentic content and do not publish anything that you have copied or obtained from the internet without the right to publish. Learn more about intellectual property rights.

PUBLISH APPROPRIATE CONTENT

3.3. We do not allow images of nudity, even with artistic or creative characteristics, to be shared on eumostro. This includes photos or videos that show sex, genitals and that are not appropriate for the general public.

PROVIDE TRUE TRACEABILITY INFORMATION

3.4. In order to have a reliable platform, we need to count on the commitment of members to record true information on the origin of the inputs, processing and services provided by members of the supply chain. This is important for consumers to start to respect and trust their products and services. Help us only by informing data that can be proven in a possible audit.

3.5. You agree not to use the Platform to generate content or track:

  • tobacco products, vaporizers, electronic cigarettes or any other product that simulates smoking;
  • drugs or drug-related products, including illegal drugs, prescription drugs, or recreational drugs;
  • dangerous supplements;
  • weapons, ammunition or explosives;
  • adult products or services, except for family planning or contraceptives;
  • payday loans, salary advances and guarantors;
  • multi-level marketing;
  • initial currency offers, binary options or contract negotiation for difference;
  • controversial political or social issues or crises, taking advantage of this for commercial purposes;
  • state lotteries;
  • negative representation of the act of voting and / or advising users not to vote or not to participate in a census;
  • suppliers that do not exist or are unaware of the recorded transaction;
  • products, supplies or services that do not exist or that are not proprietary or proven to be created by the brand;
  • false or fraudulent documents of any kind; and
  • non-existent or unauthorized persons by the brand as a representative and / or responsible for the transactions.

3.6. The eumostro reserves the right to immediately suspend or block Your access to the Platform or any Service, and to remove any information or data that we consider to be a violation of any of these General Conditions of Use, without prior notice and / or to make this information available when requested by public bodies or by court order.

4. INTELLECTUAL PROPERTY

4.1. The eumostro confers on You only the rights expressly provided for in these GENERAL TERMS AND CONDITIONS OF USE, reserved all rights, titles and interests related to the Services, including all inherent intellectual property rights. No right will be granted to You over any Intellectual Property owned by Us .

4.2. You undertake, under the penalties of the Law, not to:

  • create derivative works based on the Services ;
  • copy or present the content of this site within another (frame), nor reproduce any part or content of the Services, other than copying or framing on Your own intranets, or otherwise for Your own internal business purposes;
  • reverse engineer the Services ;
  • access the Services to (a) create a product or service that competes with it, or (b) copy any feature, function or graphic of the Services.

4.3. You further undertake not to insert any information, document, image, data, videos, or any other form of expression on the Website or the Platform that is protected by Copyright and for which You do not have a license to Use.

4.4. When inserting any information, document, image, data, videos, or any other form of expression on the Website or platform, You will automatically be assuming all responsibility for their use, including by Us.

5. NO WARRANTIES

5.1. Although We have made our best efforts to ensure that the Content on the Website and the Platform is reliable, no warranty (express or implied) is made as to its accuracy, integrity or impartiality and therefore You must, if necessary, obtain a verification regardless of any of the information contained herein.

5.2. We (I) do not assume any responsibility, of any nature and of any title, for any Content contained on the Website, the Platform or the Services provided or any information provided by or through the Website, and (II) do not guarantee that the Website, the Platform or any Services or Content on it will be uninterrupted or error-free, that defects will be corrected or that the Website, the server on which it is made available or any system connected to it, is free from viruses or other harmful components.

5.3. You acknowledge that You must use the Website, the Platform, its Content and the Services at your own risk and that the Website, the Platform, your Content or the Services may contain technical problems or other limitations for which We assume no responsibility. and we cannot be held responsible for any damages that may arise from technical problems, limitations, bugs or viruses in connection with Your access to, or use of the Website and the Platform, its Content or Services.

6. RESPONSIBILITIES

6.1. Except in the case of willful misconduct, at no time will eumostro be liable for (a) loss or damage of any nature that arises as a result of any Content published on the Website or the Platform, these General Conditions of Use, the Services or any other information , data, software or service provided through the Website or the Platform; or (b) any losses resulting from orders or purchases of goods or services from third parties made through or based on information or the Content provided on the Website. Our total and cumulative liability to You will under no circumstances be greater than BRL 1,000.00 (one thousand Brazilian reais).

6.2. In no event will eumostro be liable for any indirect damages, of any nature, which may, directly or indirectly, be attributable to the use, or inability to use the Website or Platform, the Services or any information, data, software or service provided through the Website and the Platform, even if warned about the possibility of such damages or if such damages were foreseeable .

6.3. We will not be liable to You for any delay or non-performance of the Services, or failure to access the Website or the Platform or any part of the Content thereon, arising from any cause beyond our reasonable control or providers of Our services.

6.4. You are responsible for the content of Your messages or any other data, information or materials distributed through the Website or the Platform. You are responsible for all obligations to third parties arising from Your use of the Website and the Platform, 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 eumostro as a result of Your use of the Services, the Website, the Platform, as well as any Content therein. .

7. GENERAL CONDITIONS

7.1. You may not assign, sublicense, subcontract, transfer or dispose of any of Your rights and obligations under these General Conditions of Use without the prior consent of eumostro.

7.2. If at any time, any provision (or part of any provision) of this Term of Use becomes illegal, invalid or unenforceable in any respect, under the law of any jurisdiction, it will not affect or impair the legality, validity or enforcement in that or in any other jurisdiction of any other provision (or any other part of the same provision) of this Term.

7.3. The eumostro reserves the right to terminate the conditions of this Term of Use and its access to the Website, the Platform or any Services at any time, for any reason, without prior notice. .

7.4. You have the right to terminate acceptance of this term by failing to meet the conditions set out in this Terms of Use, however, you must discontinue your access to the Website, the Platform and all eumostro Services, by notifying her. .

8. PAID SERVICES AND YOUR CONTRACTING

8.1. In addition to the features of the free version of the platform, eumostro offers additional services, which can be contracted as directed in our plans area.

8.2. When contracting services on the eumostro Platform, the user agrees to pay the amount referring to the contracted Plan, in order to have access to the paid services, whose features and benefits are provided in the plans area.

8.3. You will not be able to share your eumostro account with third parties.

8.4. When making the contract will be sent to the e-mail registered as “administrator” on the Platform eumostro, the payment slip for the first monthly payment, accompanied by the invoice for services.

8.4.1. Access to the Contract Plan will only occur after proof of payment of the first installment.

8.4.2. In subsequent months, the boleto (accompanied by the invoice) due on the 5th (fifth) of each month, referring to the use of the System within the respective month, will be sent to the same email mentioned in item 8.4.

8.4.3. If you do not receive the boleto by the due date of each monthly payment, you must contact eumostro to make the payment.

8.4.3.1. Failure to receive the ticket does not exempt the user from suspending access to paid services due to non-payment.

8.5. In case of delay in the payment of any installment, for a period of more than 10 (ten) days, access to the contracted Plan will be suspended, without the need for any prior notice.

8.6. The eumostro reserves the right to change prices published in the plans area at any time, without prior notice. Any price changes for users who have contracted paid services will be notified at least 60 (sixty) days in advance before the new table comes into effect .

8.7. The contracting of paid services will always be for an indefinite period.

8.7.1. The cancellation of paid services can be made at any time through a request via the platform or a request made via contato@eumostro.com.br.

8.7.2. The cancellation will be applied from the first day of the month following the application. When canceling the contracted services, they will continue to be available until the end of the period already paid. No refunds will be made for amounts paid due to cancellation.

9. NOTIFICATIONS

9.1. All communications to be carried out due to the Use of the eumostro Website or Platform must be made through Email: contato@eumostro.com.br.

10. LAW AND JURISDICTION

10.1. This Term of Use and all relationships arising therefrom are subject to the laws of the Federative Republic of Brazil, in particular the Marco Civil da Internet (Federal Law 12.965 / 2014), being elected the forum of the District of the Capital of the state of Santa Catarina, for resolve any controversy arising from this instrument.

10.2. The Website and Platform are for general public use and do not collect personal data from anyone under the age of 18 (eighteen) years without the consent of parents or guardians.

10.3. By accepting the present Term, you declare under the penalties of the law, to be 18 (eighteen) years of age or older.