ETEG TECNOLOGIA SERVICES AGREEMENT
These terms (“Terms”) cover the use of the services and the following applications of Eteg Tecnologia da Informação S.A., CNPJ nº 04.334.333/0001-08 (“Eteg”): eZsend, eZvoice, and eZsign (“Services” or “Applications”). More details about these Applications can be found at: https://www.eteg.com.br/produtos-ez/.
ACCEPTANCE AND ENFORCEABILITY
You accept these Terms by contracting jointly with Eteg for the provision of such Services, through your use of the Services or by continuing to use them after Eteg notifies or communicates You of a change to these Terms. The use of the Applications, therefore, means the analysis of all the details of these Terms and the manifest and complete with them.
The Terms are applicable to all contractors and users of the Services. Unless if You and Eteg, by express written format, decide otherwise, the Terms remain fully in force and effective for any additional hiring.
PRIVACY AND DATA PROTECTION
Eteg has the privacy and data protection, compliance and accuracy of its relationships as non-negotiable values. In these Terms, Eteg renews its commitments to full compliance with the applicable Data Protection Legislation, as upgraded, but not limited to, the Brazilian General Data Protection Act (Federal Law No. 13,709/2018 or “LGPD”) and its regulations.
By accepting these Terms, You acknowledge that Eteg acts only as a Data Processor, as defined in Article 5, VII, of the LGPD.
In this sense, You acknowledge that Eteg is authorized to make all technical decisions necessary for the complete and proper execution of the Services, and may, for this purpose, contract with third parties or sub-processors for its exclusivity. In format open and aboveboard and in what to endanger neg not the secrecy and confidentiality of its operations, Eteg may clarify who are the third parties involved in the Services. Eteg reserves the right to adopt the necessary measures to preserve the strategic nature of its activities.
You acknowledge that Eteg, in this condition, has no responsibility for the legitimacy and validity of the Personal Data (Article 5, I, LGPD) collected by You and transferred or shared jointly with Eteg for the performance of the Services. You assume any and all responsibilities for ensuring the legitimacy of the Personal Data transferred or shared jointly with Eteg and, in relation to these, ensuring compliance with the principles set forth in the LGPD, compliance with the legal bases for data processing, meeting the rights of Data Subjects, and complying with the Brazilian National Data Protection Authority and all others public authorities.
Eteg ensures the adoption of all the security, technical and administrative measures reasonably required of its activities in order to comply with the Data Protection Legislation and protect Personal Data from unauthorized access and accidental or unlawful situations of destruction, loss, alteration, communication or any unsuitable or unlawful format of processing.
Other information about the Processing of Personal Data involved in Eteg’s activities can be identified https://www.eteg.com.br/aviso-de-privacidade/. Eteg points out that it has a Data Protection Officer, accessible for any demand relevant to the topic through the e-mail privacidade@eteg.com.br.
INTELLECTUAL PROPERTY AND LICENSING
Excluded situations in which Eteg provides a separate license agreement for the intellectual property involved in the Services, any Applications provided by us to You as parties of the Services are subject to these Terms and the Brazilian Intellectual Property Legislation, in particular the Federal Constitution of the Federative Republic of Brazil and the Brazilian Intellectual Property Laws, Federal Laws Nos. 9,279/1996, 9,609/1998, and 9,610/1998.
The hiring and use of the Services does not imply the assignment of any intellectual property between Eteg and You, but only the license of use limited to the time of hiring the Services, if it is necessary for You to use any of the Applications directly, under the terms that Eteg so determines.
Use of the Services does not grant You any rights and You are not permitted to:
- to bypass or bypass any technological protection measures on or related to the Services;
- to dismantle remove equipment, decompile, decrypt, pirate, emulate, exploit, or reverse engineer any feature of the Services found in annex to or accessible through the Services, except and only to the extent that applicable copyright law expressly to enable such activity;
- separate the components involved in the Services for use on different devices;
- publish, copy, rent, lease, sell, to export, to import, distribute or to lend elements involved in the Services minus that Eteg expressly authorizes you to do so;
- use the Services in an unauthorized manner that could interfere with another person’s use of or gain access to any services, data, accounts, or networks; and
- enable access to the Services by unauthorized third-party applications.
We emphasize that the unauthorized measures above and any copy, use or violation of confidentiality not expressly authorized in writing by Eteg in relation to the Services will constitute a violation of the applicable laws and regulations and subject to the adoption of civil and criminal legal measures.
You are not authorized to alter or to remove any identifying marks, trademarks or any other intellectual property from the Applications and any materials made available by Eteg in the performance of the Services. Eteg reserves the right to make reference to You as one of its clients only in cases where you expose your portfolio.
Eteg also reserves all rights in relation to the intellectual property of third parties legally involved in the Applications, which are also not assigned and in relation to which these Terms are also applied.
PAYMENT TERMS
The hiring and use of the Services will strictly follow the terms of payment and collection formats established between You and Eteg.
GUARANTEES
Eteg does not offer any contractual or legal guarantees or conditions related to your use of the Services. You acknowledge that your use of the Services is at your own risk and the Applications are provided on an “as is,” “with any faults,” and “as available” basis. Nothing in these Terms is intended to affect rights You have under the laws and regulations. You acknowledge that computer and telecommunications systems are not free from failures and occasional periods of downtime may occur. We do not warrant that the services will be uninterrupted, up-to-date, secure, or error-free, or that loss of contents will occur, nor do we warrant any connection to or conveyance from computer networks.
LIMITATION OF LIABILITY
If You have any legal and factual basis to call into question for any damages arising out of the Services, You agree that this will be by __% on inflow scope at law format limited to the direct damages duly proven in the an amount equivalent to the amount paid, paid-in for the Services for the chain letter month in which the cause of the damage was verified. You agree that you cannot be compensated for (i) consequential damages or losses; (ii) loss of profits, actual or anticipated; (iii) loss of revenue; (iv) loss of contracts or other business arising from the use of the Services; and (v) special, indirect, incidental, or punitive losses or damages.
THIRD-PARTY APPLICATIONS
The Services may involve or to enable You to access the services of third parties. In these cases, Eteg is not responsible for the use and activities of these third parties and we recommend that You consult their specific terms and policies.
APPLICABLE LAW
These Terms and the Services are governed by the Laws of the Federative Republic of Brazil, and any matter will be settled by the legal rules of the Brazilian jurisdiction.
AVAILABILITY OF SERVICES
The Services may be unavailable from time to time. We work to hold the Applications up and running; however, all online services suffer occasional interruptions and stoppages, and Eteg is not responsible for any cut off or loss you may suffer as a result. We recommend that you back up regularly.
UPDATES TO THE SERVICES OR CHANGES TO THESE TERMS
Eteg reserves the unilateral right to, at any timing, change or supplement these Terms. We will inform You if this is done. Using the Services after the changes become effective means that You agree to the new terms. If you do not agree with the new terms, you must adjourn the use of the Services, and Eteg will be assured of the remuneration due according to the terms of payment and collection established.