Use License Agreement
By downloading the Consumer Program you are agreeing to the terms of the use license. Do not copy, install or use Consumer before carefully reading the terms and conditions of use for this product. By installing or using the product, you agree to all terms of use for the program. If you do not agree with these terms, please do not copy, install or use the product.
Download and print link: Use License Agreement
TEMPORARY USE END USER LICENSE AGREEMENT OF THE "CONSUMER PROGRAM"
This is the "Temporary Use License Agreement for End User" of the so-called "CONSUMER PROGRAM", which describes the rights and conditions of use of this software, aiming to govern the relationship between you, an individual or legal entity interested in its use, hereinafter referred to as "LICENSEE", and the developer and owner of this software, namely, CONSUMER SOLUÇÕES EM TECNOLOGIA LTDA. (CNPJ n. 12.403.490/0001-56), legal entity governed by private law, established at Avenida México, 27, Bairro Jardim América, in the city and district of São José do Rio Preto, SP, CEP 15.055-340, hereinafter referred to simply “LICENSOR”.
By using the CONSUMER PROGRAM software, you are automatically agreeing to all these terms and conditions. Thus, if you do not accept and/or do not want to comply with them, you will not be able to use the software or its resources.
LICENSEE REPRESENTS IT IS AWARE OF THE RIGHTS AND OBLIGATIONS ARISING FROM THIS AGREEMENT, THIS INSTRUMENT CONSTITUTING THE COMPLETE AGREEMENT BETWEEN THE PARTIES. YOU FURTHER REPRESENT THAT YOU HAVE READ, UNDERSTAND AND ACCEPT ALL THE TERMS AND CONDITIONS OF THIS INSTRUMENT.
The LICENSEE declares that it is aware that the operations that correspond to the acceptance of this agreement, as well as certain options, in particular the contraction of accessory modules of the software, will be registered in the LICENSOR's databases, together with the date and time when it is accepted was manifested by the LICENSED person, and such information may be used as evidence of such fact, in court or out of court, regardless of any other formality.
I - OBJECT:
Clause 1 The purpose of this instrument is the temporary use license for the LICENSEE of the computer program (Law No. 9,609/98, art. 1) commercially called CONSUMER PROGRAM, hereinafter also called simply "software", "application" or “program”, of the LICENSOR's sole and exclusive property, intended for the processing of information for the Control and/or Management of Bars and Restaurants.
Single paragraph. By registering with the program, you can obtain a temporary use license; with the possibility of migration to more complex types or with the use of other modules upon payment of the respective values, shown on the LICENSOR company website (www.programaconsumer.com.br).
II - LICENSE TYPES AND ITS LIMITATIONS:
Clause 2 The application has two types of use licenses, namely: free and premium, the latter being subdivided into local and network:
First Paragraph. The Free license can be used at no cost and without a pre-defined expiration period, on just one computer, with usage limitations imposed by the LICENSOR, such as: a) maximum of 200 orders per month; b) use by only one (1) user; c) maximum registration of twelve (12) tables/commands; d) use by only one printer. Alongside these, other and greater limitations may be imposed by the LICENSOR, which reserves the right, in its sole and exclusive capacity, as the sole and exclusive owner of the software, to terminate such type of license at any time, as well as to terminate those that are in use, regardless of prior notice.
Second Paragraph. The license called Premium is onerous, that is, it is paid in exchange for the benefit of the LICENSOR, and covers the use of the system, with the exception of additional modules that are contracted separately (such as Tax, Connect, Site and App Delivery, Mobile , in addition to others that may be developed in the future). It is divided into Premium Local, in which the license is limited to use on only one computer, and Premium Network license, which allows the installation of the program on two (2) or more machines (computers), provided it is for the same establishment physical and one (01) of the computers is the server.
Paragraph Three. The Premium license is linked to the buyer's data. After purchase and activation, under no circumstances can the license be transferred to another company.
Fourth Paragraph. If the Premium Local license purchased is installed and activated on another computer, the license of the previous computer will be automatically deactivated by our system. The same will occur with Premium Rede licenses, in case the transfer, even if informal, of the computer and/or respective license to another commercial establishment or company is verified.
Fifth Paragraph. In case of different establishments or companies or with more than one server computer in the same location, the LICENSEE must purchase one (1) license for each establishment.
Paragraph Six. Premium licenses include technical support (licensed customer service and Information) via the website, via an online manual, by phone, email and remote access during business hours during the license period:
a) Manual: https://ajuda.programaconsumer.com.br/manual-do-programa-consumer;
b) Training Videos: https://www.programaconsumer.com.br/treinamento/;
c) Telephone service: From Monday to Friday, from 9 am to 6 pm, through a line of calls, through telephone no. (11) 2626-5184;
d) E-mails and Calls: From Monday to Friday, from 9:00 am to 9:00 pm through a service line.
e) Emergency Call (for Technical Problems) on Saturdays: by e-mail and remote access from 11:00 am to 2:00 pm and from 4:00 pm to 9:00 pm, through a service line.
Seventh Paragraph. The LICENSOR is always open to users' suggestions (and may respond to them, without pre-established deadlines or not to comply with them), and the registered user is entitled to program updates for the period indicated in the purchase, in addition to not having to pay monthly fee, license renewal only.
Clause 3 As a courtesy, the LICENSOR grants the Free LICENSEE the possibility to upgrade to use any of the Premium versions free of charge for a single period of fifteen (15) days, at the end of which they must choose to purchase or return to the free version.
Clause 4 The license to use the Application object of this agreement is non-exclusive and non-transferable, given that the LICENSEE may not use or allow the use of the Application for any other purpose not expressly provided for in this instrument.
Clause 5 Through the Application, the LICENSEE, among others, will have access to a tool to manage, control and organize commercial establishments of the bar or restaurant type, from commands to stock, managing customer and supplier contacts, among others.
Clause 6 For this purpose, the LICENSEE will carry out its registration in the Application, providing its Registration Information that will be used for the licensing and access to the content of the Application, which must be installed on its own machine (computer), as well as its database.
Clause 7 The LICENSEE is responsible for the veracity, validity and accuracy of the information provided in its registration, including in relation to the indication of a valid e-mail address of its ownership, and it is also incumbent upon it to keep that registration up to date.
Clause 8 The LICENSOR will have no obligation to confirm the information provided by the LICENSEE, but may, at its sole discretion, exclude information that appears to be untrue or offensive, as well as suspend or revoke the license, until further clarification.
Clause 9. The login and password created by the LICENSEE to access the Application are confidential and its sole responsibility.
Clause 10 Under no circumstances will the LICENSEE have access to the source code of the Application herein licensed, as it is the intellectual property of the LICENSOR.
Eleventh Clause. To purchase, download and use the Application, the LICENSEE must have hardware, operating system and minimum software, duly specified in this agreement, connected to the Internet.
Single paragraph. The program works installed on the LICENSED user's computer without the need for internet, that is, it does not run inside browsers, so it does not need internet to work, except for the following modules: a) Integration with Google Maps;
b) Address search informing the zip code; c) NFCe/SAT tax, for transmission of tax coupons; d) Connect, data synchronization on the internet; and e) MenuDino, to receive online orders from a website and/or applications integrated into the system. For the other functionalities (existing until today; February/2020), the LICENSEE does not need internet to use the system.
III - PRICE AND CONDITIONS OF CONTRACTING LICENSES
Clause 12 The LICENSEE, choosing to use the PREMIUM license, will pay the LICENSOR the amounts specified in the plan chosen at the time of contracting, in accordance with the conditions and manner previously chosen therein.
Single paragraph. The payment methods and conditions authorized by the LICENSOR are:
a) bank slip, in cash;
b) debit card, cash;
c) credit card, up to twelve (12) installments.
Clause 13 The LICENSEE may change the plan initially chosen to a superior plan during its term, by contracting it and paying the amounts in accordance with the new plan.
Single paragraph. If the new plan is inferior or of lesser value, the previous one will have to be canceled, with the relevant conditions, and a new contract.
Clause 14 Interruption, delays or non-payment of the agreed amounts will result in the immediate suspension of the use license, with the consequent unavailability of the program, until regularization, that is, until the financial issue is remedied.
Single paragraph. Without prejudice to the provisions of the caput, payments made after maturity will have the principal amount plus monetary correction, late payment interest of 1% (one percent) per month, fine of 10% (ten percent), legal fees of 20 %, if there is a need for a lawyer to collect the debt, in addition to the reimbursement of any other costs and expenses incurred.
Clause 15. The values established in the act of licensing the software are valid for the period indicated in the purchase. There are currently three contracting periods available, namely: three (3) months, six (6) months or twelve (12) months. Nevertheless, the LICENSOR may, if deemed administratively and economically viable, launch the software license in shorter or longer periods.
Single paragraph. At the end of the contracted period, if you wish to continue with access to the software, the then LICENSEE must acquire a new license/subscription at the current price shown on the company's website (www.programaconsumer.com.br).
Clause 16. The monthly standard price of PREMIUM licenses corresponds to that proportionally charged for the minimum activation of three (3) months (base price), which will be updated at the beginning of each year by the annual accumulated ICTI - Information Technology Cost Index, published by IPEA, or by the official index that replaces it, in the event of its extinction.
Single paragraph. The amounts provided for in license contracts in periods of six (6) months, twelve (12) months or longer, if they are released, have a loyalty discount, so that their values are proportionally lower than that standard of three ( months).
IV - PURCHASE CANCELLATION POLICY (EARLY TERMINATION OF THE USE LICENSE BY INITIATIVE OF THE LICENSEE)
Clause 17. The LICENSEE who chooses to cancel the purchase, with the consequent early termination of this license agreement, will lose any discounts offered in the annual or semi-annual plans, so that the calculation of any refund will be based on the proportional value of the quarterly base plan (which does not has a loyalty discount), in addition to having discounted the total amount of tax collected at the time of purchase.
Clause 18. The cancellation request must be made exclusively on the company's website, in the appropriate field (intended exclusively for this).
Clause 19. The LICENSOR optionally grants its customers a period of up to 30 calendar days from the date of purchase (excluding the beginning day and including the end day) to request cancellation with the full refund of the amount paid.
Clause 20. Upon cancellation of the purchase and termination of this agreement, the license to use the program will be automatically and immediately blocked, so that it will no longer be possible to use the registered product.
V - OBLIGATIONS OF THE LICENSEE
Clause 21. The LICENSEE's obligations are:
I. keep the updated version of the program installed on your computer (the manufacturer's latest version), aiming at correcting errors, improving and evolving performance and other needs verified by the LICENSOR;
II. maintain access to broadband internet, at your expense, to carry out version updates and use of the program with regard to the modules and functionalities in which access to the world wide web is necessary;
III. register and/or insert in the program all the information and/or contents inherent to its business activity, on which it depends for the regular useful functioning;
IV. keep installed on your computer, at your expense, only browsers, operating systems and original software, licensed and properly updated, in order to prevent the occurrence of bugs (failures or unexpected problems) with the computer and the program itself; in particular regarding the Windows operating system, from Microsoft, and Firebird (database management system that runs on Windows and other operating systems), whose integrity are essential for the perfect functioning of the program now licensed;
V. perform preventive and corrective maintenance of your equipment, promoting the installation and periodic updating of security software;
SAW. make a backup (backup copy) of your database inserted in the program installed on your computer;
VII. select, among the security level options offered, that sufficient to protect the data and information that transit through the software against fraud, exempting and keeping the LICENSOR free from any liability arising from its choice;
VIII. keep in the LICENSOR's records a valid and frequently read email address, so that it can communicate officially, as well as all other data updated;
IX. pay the values related to the license in the form and terms stipulated for the contracted plan;
X. maintain a team capable of operating the software and communicating with the LICENSOR;
XI. open a call (helpdesk) before the LICENSOR, with the provision of all documentation and information about the circumstances in which they occurred, when a technical problem with the licensed software was verified, in order to facilitate and speed up the work for eventual verification and correction , and, if necessary, provide remote access from it to your computer for adequate technical support;
XII. mandatory use of a dedicated server computer, with a configuration recommended by the LICENSOR for a database larger than 500MB;
First Paragraph. To use Consumer you need the Windows operating system. Consumer does not work on Mac or Linux unless you use a tool that simulates Windows on those other operating systems.
Second Paragraph. The proper hardware configurations of the computer where the program will be installed today are as follows:
I) Intel® i5 processor or higher.
II) Microsoft Windows 7 with Service Pack 1, Windows 8, Windows 8.1 or Windows 10 (Windows 10 recommended)
III) 4GB of RAM (8GB recommended) and 120MB of available disk space for installation.
IV) Using HD SSD will greatly improve the performance of your software and Consumer Program.
V) UPS equipment will protect your computer from power outages, preventing system problems and keeping everything running until power returns.
Paragraph Three. Hardware and software recommendations change constantly, following the evolution and improvements that the LICENSOR proposes to make to the program on a daily basis, so that, in the event of new recommendations, they will be inserted/changed in the Consumer Program User Manual (https://ajuda.programaconsumer.com.br/faq/qual-a-configuracao-necessaria-do-meu-computador-para-utilizacao/), prevailing over the above rank.
Clause 22. The LICENSOR will under no circumstances be responsible for the information that composes the database (content) inserted by the LICENSEE in the software, which are stored in the LICENSEE's own computer.
First Paragraph. As an aid to the LICENSEE, the program has functionality to perform periodic backups (backup copies). If the LICENSEE wants to use this facility, it must be used in the application, indicating the location where the backup copies must be filed.
Second Paragraph. Considering the ever-present possibility of occurrence of hardware problems that compromise (corrupt) in part or totally the files saved therein, as well as, theft or robbery of equipment, the LICENSOR recommends the contracting, at the expense of the LICENSEE, of services storage of this data in clouds (such as Dropbox, OneDrive, Google Drive, etc). The responsibility for the information in the software always rests with the LICENSED user.
VI - OBLIGATIONS OF THE LICENSOR
Clause 23. The LICENSOR undertakes to make the program's features available within three (3) business days of confirmation of payment for the type of license purchased. In the event that the LICENSEE chooses the Free license, the term for releasing the features will begin to flow from the completion of your registration. In both cases, it should be noted that the functionalities depend on the download and effective installation of the program on the LICENSEE'S computer.
Clause 24. The LICENSOR will also be responsible for the study and improvement of the program, according to demands verified and/or presented by its users, verified by its technicians, in the time and conditions that it deems possible.
VII - LIMITATION OF LICENSOR'S LIABILITIES
Clause 25. The LICENSOR does not guarantee the continuity of marketing the program licenses or the development of new versions or updates.
Clause 26. The product's Free license serves as a basis for testing the software's functionality and compatibility updates, so that they may suffer downtime, intercurrences and inconsistencies during its use, for which the LICENSOR is not responsible, since it does not guarantee the full availability of the product.
Single paragraph. For this reason, as well as the fact that there is no financial consideration by the LICENSEE and the consequent co-obligation of the LICENSOR towards it, it is not responsible for data losses suffered by those who have been caused directly or indirectly by the CONSUMER PROGRAM in such type excuse me.
Clause 27. In the case of PREMIUM licenses, the LICENSOR's liability to the LICENSEE is limited to the malfunction of the CONSUMER PROGRAM on the computer in which it was previously registered and duly registered, as well as exclusively for direct damages proven to be caused by it.
Clause 28. The LICENSOR does not guarantee that a function that currently exists in the program will be present in future versions, as well as a function that does not exist today, can be added.
Clause 29. The LICENSOR is not responsible for the use of the program by the LICENSEE illegally, in an illegal activity or that may injure third parties.
Clause 30. The LICENSOR is not responsible for the non-functioning of the program due to external factors that prevent it, such as (but not limited to):
a) blocking caused by antivirus, firewall, etc;
b) alteration of LICENSEE's configurations or implementation of Internet access restrictions;
c) access to database and configuration files and system installation on Windows, the objective is to maintain the security of customer information and the correct functioning of the system.
Clause 31. The LICENSOR is not responsible for third-party malfunctions, in particular other software optionally integrated into program modules for the sole convenience of the LICENSEE, such as, but not limited to, IFOOD, GOOGLE MAPS, DROPBOX, etc.
Clause 32. The use of computers with security flaws, pirated or outdated software, as well as non-compliance with the minimum hardware and software requirements, constitute a pre-determined cause of exclusion of responsibility by the LICENSOR for any malfunction of the CONSUMER PROGRAM, since this is known to dependent on those for its perfect functioning.
Clause 33. Any and all losses (losses and damages) arising from the lack of proper maintenance of the computer(s) where the program is installed, as recommended by the manufacturer and/or indicated Consumer Program Manual (available on the page https://ajuda.programaconsumer.com.br/manual-do-programa-consumer/), they will also be grounds for excluding any and all liability of the LICENSOR.
Clause 34. Any malfunction problems resulting from previous problems with the software on which the program is dependent will be the sole responsibility of the respective owner, the LICENSOR being likewise expressly excluded from liability.
Clause 35. The LICENSOR will not respond, under any circumstances, even on a joint or subsidiary basis:
I. For any damages suffered by the LICENSEE as a result of taking decisions based on the information made available in the Application;
II. For any damages suffered by the LICENSEE due to failures in the computer system or servers that are independent of the licensor's fault or its internet connectivity in general, and the LICENSEE shall maintain, at its expense, a telecommunication line, modem, software of communication, e-mail address and other resources necessary for communication with the LICENSOR.
III. Due to acts of God or force majeure, pursuant to article 393 of the Brazilian Civil Code.
Clause 36. The LICENSOR does not warrant that the functions contained in the application will meet all the needs of the LICENSEE, that the operation of the application will be uninterrupted or error-free, that any functionality will remain available, that defects in the Application will be corrected or that the application will be compatible or work with any third party Apps, applications or services.
Clause 37. LICENSEE agrees to defend, indemnify and hold harmless LICENSOR and its affiliates, directors, employees and agents, from and against any charges, actions or demands, including, but not limited to, reasonable attorney's fees, resulting from: (i) its possible misuse of the application, or (ii) your violation of the conditions agreed herein.
Clause 38. In no event shall the LICENSOR be liable for personal damages or any incidental, special, indirect or consequential damages, lost profits, including, without limitation, losses for loss of profit, corruption or loss of data, failure to transmit or receive data, not business continuity or any other commercial impairment or loss arising out of or related to your use or your inability to use the Application for any other reason.
Clause 39. In the event that the LICENSOR is compelled, by a final court decision, to indemnify or reimburse the LICENSEE for damages suffered, despite the provisions of the above items (which is not expected), the amount due to the LICENSEE will be limited to 20% (twenty percent) of the total amount actually paid by the LICENSEE to the LICENSOR as part of the functionalities offered by the Application.
VIII - INTELLECTUAL PROPERTY
Clause 40. LICENSEE does not hereby acquire any intellectual property rights or other exclusive rights, including patents, designs, trademarks, copyrights or rights to confidential information or trade secrets, on or related to the Application or any part thereof.
41st Clause. LICENSEE also does not acquire any rights in or in connection with the Application or any component thereof, other than the rights expressly licensed thereto under this EULA or any other mutually agreed written agreement that LICENSEE may have entered into with LICENSOR.
Clause 42. Any rights not expressly granted hereunder are reserved.
Clause 43. If the LICENSEE suggests and/or assists in the development of a new program module (or product for joint or ancillary use), it will be considered as part of the Application, therefore, its property will be incorporated by the LICENSOR and its use subject to these contractual clauses.
Clause 44. Any and all content available on the Application or on the CONSUMER PROGRAM Portal, such as, but not limited to, text, graphics, images, logos, icons, photographs, editorial content, notifications, software and any other material, belong exclusively to the LICENSOR and are protected by Brazilian law with regard to intellectual property and copyright.
IX - CONFIDENTIAL INFORMATION AND USER SECURITY POLICY
45th Clause. The LICENSOR undertakes to maintain the confidentiality, integrity and security of the Information made available by the LICENSEE for the registration and licensing of the use of the program.
Clause 46. In order to guarantee the LICENSEE's privacy, as well as the security of its Information, the LICENSOR undertakes to regularly reassess its security policy and adapt it, as necessary.
47th Clause. Under no circumstances will the LICENSOR sell or make available the information of the LICENSEE or generated through the use of the Application, given that it will only use them for the following purposes, with which the LICENSEE expressly agrees and agrees with the acquisition of the temporary use license of the system:
a) To send LICENSEE any administrative notification, alerts and communications relevant to LICENSEE;
b) To fulfill the purpose of the application;
c) Identify the profile, desires or needs of the LICENSEE in order to improve the products and/or services offered by the Application;
d) Perform generic statistics for monitoring Application usage;
e) For marketing research, project planning;
f) Troubleshooting the Application, verification and protection of Information against errors, fraud or any other electronic crime;
g) Disclosure of the name, brand, images, videos, stories and specifics of the LICENSEE's menu and service, disclosed by itself, as a reference of establishment that uses its solutions, both on websites and on the LICENSOR's own social networks or partners (such as, for example, but not limited to, in the Customers section of the Consumer Program website - https://clientes.programaconsumer.com.br/ -, on your YouTube account - https://www.youtube.com/channel/UCvtH6zAE78nK9abO2BRLhyA/videos - and Instagram - https://www.instagram.com/programaconsumer/, etc ).
Clause 48. LICENSEE's Information may be transferred to third parties as a result of the sale, acquisition, merger, corporate reorganization or any other change in the LICENSOR's control. If any of these hypotheses occur, however, resulting in the transfer of information to third parties, the LICENSEE will be informed in advance and if they do not wish to continue using the Application, they may terminate the license agreement, with a proportional refund of the amount eventually paid. In this case, the LICENSEE's information will be deleted from the LICENSOR's database and will not be transmitted to third parties.
Clause 49. The LICENSEE hereby agrees that the LICENSOR may eventually access your computer remotely to solve problems, doubts and/or any needs.
X - APPLICATION USE
Clause 50. The LICENSOR may, at its sole discretion, at any time, and without the need for prior communication to the LICENSEE:
a) Terminate, modify or suspend, in whole or in part, the LICENSEE's access to the application when such access or registration is in violation of the conditions established in this agreement;
b) Exclude, in whole or in part, the information registered by the LICENSEE that is not in accordance with the provisions of this agreement.
Clause 51. The LICENSOR, at any time, upon prior notice to the LICENSEE at the e-mail address indicated in their personal registration or by means of a notice in the Application itself, may:
a) Define prices for the offer of certain contents and/or services, even if they were initially offered free of charge, and their use, after said notice, is considered as the LICENSEE's agreement with such prices; and,
b) Send e-mail messages or other correspondence of an informative, commercial and/or promotional nature to the LICENSEE, unless expressly requested to the contrary by the LICENSEE.
Clause 52. The LICENSEE may not:
a) Use the application to disclose information in any way that may imply in violation of applicable rules in Brazil, of the LICENSOR's and/or third parties' property rights or of good customs, including, without limitation, the violation of intellectual and copyright rights and privacy, or the production and dissemination of illegal, immoral, inappropriate or offensive content;
b) Copy, assign, sublicense, sell, lease or guarantee, reproduce, donate, dispose of in any way, transfer in whole or in part, under any modalities, free of charge or onerous, provisionally or permanently, the application, as well as its modules, parts , manuals or any information relating thereto;
c) Employ software, techniques and/or artifices with the intention of improperly using the Application for harmful practices to the LICENSOR or third parties, such as exploits, spamming, flooding, spoofing, crashing, root kits, etc.;
d) Reproduce, adapt, modify and/or use, in whole or in part, for any purpose, the application or content of the LICENSOR's website without its express authorization;
e) Publish or transmit any file that contains viruses, worms, trojans or any other contaminating or destructive program, or that may otherwise interfere with the proper functioning of the application;
f) Use the Application for a purpose other than that for which it was made available by the LICENSOR; and,
g) Reverse engineering.
XI - TERM AND TERMINATION
Clause 53. This agreement will remain in force for the time that the LICENSEE uses the program object of it, owned by the LICENSOR, whether in the free or paid version, from the acceptance made at the time of downloading the program and its installation.
Clause 54. Its terms and conditions may be unilaterally modified or terminated by the LICENSOR at any time, without any charge, by simple communication through its own website, message in the application or forwarding correspondence in this regard to the indicated electronic address (email) in the LICENSEE's personal record.
Single paragraph. The date of the last update carried out by the LICENSOR in this standard agreement will always be indicated.
Clause 55. The LICENSEE may, at any time, request the exclusion of its license to use the application, terminating its relationship with the LICENSOR, upon request made directly through the CONSUMER PROGRAM website.
First Paragraph. The refund of any amounts inherent to the time that the license would not be used, when applicable, will follow the determinations contained in the clauses inherent in the "Cancellation Policy", previously set forth in this agreement.
Clause 56. Contracts made using promotional codes or different conditions are governed by the terms of use of these promotions as they differ from this contract.
Clause 57. The LICENSEE understands and agrees that, as soon as the amendment to this AGREEMENT is published on the LICENSOR's website or in the application, their use will be subject to the updated agreement.
XII - GENERAL PROVISIONS
Clause 58. This temporary use license agreement does not generate any partnership agreement, mandate, franchise or employment relationship between the LICENSOR and the LICENSEE or its partners.
Clause 59. In the event that any provision of this agreement is found to be illegal, void or unenforceable for any reason, the remaining provisions will not be affected and will remain valid and enforceable to the fullest extent possible.
Clause 60. The LICENSEE declares to be aware of the rights and obligations arising from this EULA, having read, understood and accepted all terms and conditions.
61st Clause. LICENSOR's inaction to enforce or exercise any provision of this agreement or related rights does not constitute a waiver of such right or provision.
Clause 62. The tolerance of one party towards the other regarding the breach of any of the obligations assumed in this agreement will not imply in novation or waiver of rights. The tolerant party may, at any time, demand from the other party the faithful and complete fulfillment of this contract.
63rd Clause. The LICENSEE agrees that the LICENSOR may disclose the closing of this agreement for commercial purposes, mentioning the name and brand of the LICENSEE in commercial campaigns, and may even disclose messages sent in writing or orally, by telephone, for use on websites, newspapers, magazines and other campaigns for the duration of this contract.
Clause 64. The LICENSEE also accepts to receive notifications via email about training, partnerships and campaigns related to the Application.
Clause 65. PROGRAM CONSUMER and CONSUMER are registered trademarks owned by the LICENSOR, used in the program object of this contract, which are contracted only through the website www.programaconsumer.com.br.
Single paragraph. Any downloads or delivery of the program by other websites or means will be considered illegal, subjecting both the supplier and the acquirer of such pirated software to the rigors of civil and criminal law (counterfeiting, receiving, etc).
Clause 66. For all the contracted functions of the CONSUMER PROGRAM to be released, the payment must be previously confirmed by the company through its bank agent.
XIII - SECURITY AND PROTECTION OF PERSONAL DATA
Clause 67. In carrying out the objects of this Agreement, the LICENSOR, in the interest of the LICENSEE, may carry out actions typified as processing personal data under Law No. 13.709/2018 (General Law for the Protection of Personal Data).
Clause 68. In compliance with the requirements of current legislation and in order to ensure the security and protection of personal data, the LICENSOR provides the following representations and guarantees:
I) Nature of data processing: The only personal data collected and stored by the LICENSOR in relation to the LICENSEE are those necessary for contracting the license, which will be used for the strict fulfillment of contractual obligations and for the execution of a legal duty, when applicable. The data and information entered in the program, as they remain solely and exclusively on the computer and under the custody of the LICENSEE, being exclusively responsible for the respective custody and protection, as they are not handled by the LICENSOR.
II) Types of Information: The LICENSOR does not need (and therefore does not collect, store or process) any sensitive data of the LICENSEES, being, therefore, the sole and exclusive responsibility of the LICENSEEs for any insertion of this type of data in their registration, system , platforms and resources made available by the LICENSOR.
III) Purpose(s): The personal data collected is treated with a limited purpose to identify and authenticate users and contacts, perform support and training services, send notifications and notices about services, billing and other matters related to contract management and performance of contractual obligations.
IV) Treatment: The processing of personal data by the LICENSOR for the purpose of performing its contractual obligations and compliance with a legal duty will take place until the end of the contractual relationship, at which time they will be discarded by the company.
Clause 69. The DECLARANT may preserve the storage, without use, of personal data necessary to comply with legal obligations, in particular those arising from the Civil Law of the Internet, tax and social security laws and for the exercise of defense in judicial and/or administrative proceedings, within the deadlines provisions provided for in the Civil Code and other applicable legislation.
Clause 70. For the execution of the contract, and under the strict guidance and express consent of the LICENSEE, the LICENSOR may collect other types of data in addition to those necessary for contracting, such as data and images of the LICENSEE, its business establishment and employees and/or collaborators, e-mail and IP addresses that could identify natural persons in the Contracting Party; data obtained by the LICENSEE from its customers and/or business partners, for purposes determined in the contractual relationship.
71st Clause. Personal data eventually obtained by the LICENSOR will be protected by restricted access rules, with an information security structure applied to limit the access of each personal data to the professional or sector that effectively needs it to perform some of the stated purposes of data processing.
Single paragraph. The LICENSOR will require from these professionals a commitment to confidentiality and compliance with the rules of information security and protection of personal data.
Clause 72. The LICENSEE agrees that, given the unimaginable multiplicity of variants, civil and administrative liability for harmful events resulting from the leakage of personal data will be restricted to cases involving culpable or deliberate conduct by that or its staff.
Clause 73. The LICENSEE's personal data may only be shared by the LICENSOR with third parties, in the cases of:
a) business succession, such as mergers, acquisitions and incorporations;
b) contracting data processing services from third parties (operators), such as data hosting, processing systems (software services in the cloud), information technology consulting, telecommunication services, delivery services, advertising services and marketing, event organization, credit billing services (financial), travel services.
74th Clause. The access of these third parties will be subject to the requirement of a commitment to confidentiality and compliance with current data protection laws, in particular with Law No. 13.709/2018 to be reduced to term in a contractual instrument or specific declaration with mandatory force.
75th Clause. Data processing outside Brazilian territory may occur for cloud computing purposes, in which case the service processors will be committed to complying with information security and data protection guidelines.
XIV - APPLICABLE LAW AND JURISDICTION
76th Clause. This contract will be interpreted exclusively under the laws of Brazil.
77th Clause. The parties elect the jurisdiction of the Judicial District of São José do Rio Preto, SP, headquarters of the LICENSOR (art. 53, item III, item "a", of the Code of Civil Procedure), as the only and competent court to settle any dispute resulting from the contractual relationship for the use of the CONSUMER PROGRAM, regulated in this instrument.
São José do Rio Preto, SP, February 20, 2020.
CONSUMER SOLUÇÕES EM TECNOLOGIA LTDA. - LICENSOR -
USER - LICENSEE -
This instrument is registered with the Registry of Deeds and Documents of the district of São José do Rio Preto, SP, under No. 658,493
