Dynamox Soluções Criativas Ltda, pursuing its mission to turn high technology friendly and affordable to everyone, creating and developing technological solutions for the industry 4.0 is committed to obtain and distribute credibility and therefore strives to develop and implement instruments of Compliance. It seeks to achieve high Compliance standards in accordance to statutory and regulatory requirements, applicable to the structure of its Integrated Management System, for national and international businesses. Management and teams develop the necessary policies with emphasis on transparency, participation of all members encouraged to address matters with an open mind, make available the Dynamox’s first “Code of Ethics and Conduct”, the basis for anti-corruption awareness, and to achieve the desired state of Compliance. This document is available to all interested parties at dynamox.net/en/sustainability.
In this way, Dynamox already has its channel for absolutely confidential manifestations: firstname.lastname@example.org, whose access is directed exclusively to the attention of the CEO.
Dynamox understands Compliance as the dissemination of a culture of integrity and citizenship paradigm, and wishes to gain and maintain the participation of its employees, internal and external partners, customers and suppliers, in short, all interested parties, recognized and declared in its Quality System, and whose expectations are followed up with zeal, full time. Dynamox, on this occasion, INVITES its customers, the USERS of its solutions, to participate actively in this Compliance initiative, ensuring in any situation, a worthy and respectable attendance in all phases of the relationship, including with its intermediaries, honorable partners that are communicated of the Compliance initiative, answering honestly to satisfaction surveys so that attendance strategies and services provided are improved.
Thank you in advance.
Original Version, February 27th, 2019
DYNAMOX SOLUÇÕES CRIATIVAS LTDA, hereinafter referred to simply as DYNAMOX, has as one of its principles the recognition, respect and preservation of the privacy of its clients (“User”). In view of this, we are committed to respect your privacy and the confidentiality of your data provided in transactions carried out through the use of Dynamox software – Mobile Applications and Web Platforms – and Website.
We invite you to get to know the Dynamox’s Declaration of Managerial Responsibility at: https://dynamox.net/sustentabilidade-compliance/
1- Collection of Personal Data
- 1.1. The Mobile Application, the Web Platform and / or Dynamox “Services” are for general public use and do not collect personal data from anyone under the age of 18 without the consent of the parent or guardian.
- 1.4. DYNAMOX may also collect information about user activities when accessing the Services, including, without limitation, information about the devices used to access the Services (such as PC, smartphone, etc.), configuration information of your operational systems, metadata of your files, and dates and times associated with your interaction with the Services.
2- Use of Collected Data
- 2.1. The collection and storage of User data are only intended to provide the DYNAMOX Services and the practice of the necessary acts arising from them. DYNAMOX will use your personal data for the following purposes: (a) send messages to you such as alerts, notifications and updates; (b) communicate you about new products and services that may be of interest to you; (c) for any purpose you authorize at the time of data collection; (d) comply with legal obligations.
- 2.2. Data stored by DYNAMOX, when used for statistical purposes will be done in an aggregate form, preserving the confidentiality of personal and company data, being strictly prohibited the disclosure of any personal and individualized information.
- 2.3. In addition to personal data, DYNAMOX collects data from monitored parameters by its hardware, such as the data loggers of DynaPredict and DynaMonitor, or other Solutions installed at industrial assets or used to monitor controlled products and environments, that involve the operation of the same hardware.
- 2.3.1. The data referred to in item 2.3. can be used to: (1) answer questions about DYNAMOX software; (2) elaborate diagnoses; (3) generate preventive and corrective actions, as well as suggest improvement measures; (4) compose Bigdata; (5) feeding vibration and temperature analysis algorithms; (6) to analyze evidence of possible contraindicated applications; (7) serve as a basis for distributor training system and feedback to partners, (8) anonymously inspire creation, editing and distribution of online publications via the site’s Blog; (9) development of agenda for future Conventions; (10) others not mentioned here, and that will be informed to the User at the time of its application.
- 2.5. All data of any nature collected from Users and specific solutions are transferable within the DYNAMOX service network, which shall include distributors, promoters, representatives and specialized third party technicians, whose identification list will be provided to Users. There will always be confidentiality agreements with all in order to preserve User data.
- 2.6. DYNAMOX invites the User to always question the intermediary about data security issues and require a convenient ethical and appropriate stance of compliance that benefits everyone.
3- Access to the Personal Data
- 3.1. You have the right to access your data, always observing the legal limitations. You also have the right to object to the processing of your personal data and to rectify the processed data if you deem it important.
sted posee el derecho de tener acceso a sus datos, observando siempre las limitaciones legales. Usted también tiene el derecho de oponerse al tratamiento de sus datos personales y de rectificar los datos procesados.
3.2. If you wish to exercise your right of access to your personal data, to oppose the treatment given to it, or to request its rectification, contact DYNAMOX at email@example.com.
4- Data Management and Data Exclusion
- 4.1. DYNAMOX shall not be liable for the content, correctness, authenticity, completeness and update of the data provided by its Users, nor for any improper use of information published by Users or for fraud resulting from the violation of passwords.
- 4.2. It is the sole responsibility of the User to provide only correct, true, authentic, complete and up-to-date information, as well as to ensure the confidentiality of the password, not disclosing it to third parties.
- 4.3. The data obtained through DYNAMOX hardware purchased and installed at your company assets, used for your or your company products and environments will have the same treatment given to your personal data, and will be fully owned by you and your company.
- 4.4. You must be fully aware that DYNAMOX may need to access your data for the correct record of collected data about the asset condition, product or environment monitored by DYNAMOX hardware. Should you require the deletion of data stored on DYNAMOX servers, this may affect or prevent such actions.
- 4.5. If you terminate your business relationship with DYNAMOX, you may request access to your data stored on DYNAMOX servers, however such request must be made within sixty (60) calendar days, from the end of the contract. After this period the data can be discarded, observing the legal obligations in force.
- 5.1. DYNAMOX takes all appropriate technical and organizational security measures to protect the data of its Users and clients. However, you must be fully aware that no security system is fully guaranteed, so that DYNAMOX is not liable for data leakage, when proven to have occurred in a criminal manner, by third parties outside the contracted business relationship.
- 6.1. DYNAMOX may use the storage of information (known as cookies) to enable you to use our Website more easily and to keep track of certain statistical data that help us improve our Website. Our cookies do not contain personally identifiable information. Most browsers are initially configured to accept cookies. If you wish, you can instruct your internet browser to prevent cookies from being used and to delete existing cookies. However, please note that the high quality of the DYNAMOX website may be reduced as a result of this option.
- 6.3. Please refer to the help guide of your internet browser for further guidance.
8- Applicable Law
Version 1.0 of April 1st, 2019.
General Terms and Conditions of Use
These “General Terms and Conditions of Use” constitute a “Term of Adequacy and Consent”, which governs the provision of Services maintained to the User, initiated by his / her registration. The Services, assisted by Dynamox Solutions engineering team, allow the registered USER to manage its functionalities through the “Mobile Applications” and “Web Platforms”, here called “APPLICATIONS”, for the exclusive access of the User, granted after the Solution acquisition and issuance of a specific and non-transferable login and password.
Dynamox is hereinafter referred to as “DYNAMOX” and the customer or user will henceforth be identified as “USER” and Dynamox Mobile Applications and Web Platforms as “APPLICATIONS”.
Important: Any USER in possession of a login and password obtained by registration, and who will use the APPLICATIONS needed to operate the acquired Solutions, shall be identified and formally accept these “General Terms and Conditions of Use”. The APPLICATIONS shall only be used for the acquired Dynamox Solution functionality, only after USER registration, acceptance and consent of these General, in accordance with the prevailing law.
The USER is not authorized to use the DYNAMOX’s technological Solutions unconsciously or different from what it proposes to do, and DYNAMOX is not liable for any consequences of improper, incorrect, inappropriate, not intended, not allowed use or contraindicated use in non-supported environments or use outside the scope of product Certifications and software functionality, that complement the technological Solution acquired: the Mobile Applications and Web Platforms (the “APPLICATIONS”).
Neither shall DYNAMOX be liable for any damages that may be caused to third parties, or even temporary or permanent failure of the Solution, destruction, or any malfunctions caused by unqualified use of the product, its specific instructions for use and its Certifications, widely disseminated and freely available at dynamox.net/.
ACCEPTANCE OF THESE “GENERAL TERMS AND CONDITIONS OF USE” IS A REQUIREMENT TO THE USE OF THE DYNAMOX COMPLETE SOLUTIONS AND ACCESS TO ITS APPLICATIONS, AN INTEGRAL PART OF THE SOLUTION ACQUIRED AND ITS WARRANTIES.
1. Registration Process
- 1.1. In order to access the APPLICATIONS, DYNAMOX may request the USER to sign up for services free of charge and / or register before choosing a paid service package. When the USER signs up, he / she agrees to provide true, correct, updated and complete information (“Registration Data”) as requested in the format provided.
- 1.3. The USER will receive a password and account designation upon completion of the Registration process. The USER is responsible for maintaining the confidentiality of the password and account and is fully responsible for all activities that occur with the use of his / her password and account.
1.4. In addition, the USER agrees to: promptly notify DYNAMOX of any unauthorized use of his / her password and account or any other breach of security; and ensure that exits the account at the end of each session. DYNAMOX shall not be liable for any loss or damage arising from the failure of the USER to comply with the provisions of this section.
2. Infrastructure and Access
- 2.1. The USER is solely responsible for the availability of a suitable mobile or other computerized device to access the APPLICATIONS, part of the acquired Solution, as well as to provide the required internet access and data network, and pay for his /her telephone operator calls, means whose use and maintenance are solely the responsibility of the USER. Therefore, DYNAMOX will not be responsible for the means necessary to the USER to access and use the APPLICATIONS.
3. Dynamox Technical Support Services
- 3.1. Should the USER need any assistance in using the APPLICATIONS, please contact the DYNAMOX Technical Support Service for the necessary clarifications. No separate fee is charged for such assistance except the cost of a regular telephone call or mobile data usage that will be charged to the USER by his / her phone operator or internet provider. However, DYNAMOX reserves the right to apply a fee at any time, which will be notified to the USER with a reasonable anticipation of the provision of this support service.
- 3.2. All Support Services are contactable through the detailed contact list and are available for assistance during normal business hours, always by telephone, email and or video conferencing. However, no warranty may be given to the USER regarding any particular solution or result suggested by the Support services.
- 3.3. Any non-genuine calls to Dynamox Technical Support Services, whether fraudulent, malicious or playful, may from time to time be charged to the USER for the fees of the Support Services in effect and / or DYNAMOX may terminate the right to use the APPLICATIONS to that USER immediately, at its discretion.
3.4. There are no on-site visits for Technical Support. However, if the USER deems it absolutely necessary, such request shall be made in writing, with details of the technical and engineer assistance required to the DYNAMOX Technical Support Services, which will evaluate and return to the applicant. Once the technical visit is approved, the travel costs will be listed and fully charged to the applicant.
4. Compensation for Continued Use of the APPLICATIONS
- 4.1. DYNAMOX offers to the USER, free of charge, a Basic plan of access and use of the APPLICATION data. However, since it understands the APPLICATION’s maintenance, updating, inclusion of new functionalities and access to existing functionalities in different demand frequencies (minutes, hours, and days) of use are natural technical evolutions, it may charge for enhanced functionalities accordingly.
4.2. Therefore, DYNAMOX reserves the right to establish a compensation for specific and broader packages for the APPLICATIONS’ Data and Services use. In the event the USER opts for those packages, he/ she consent with stated compensation by accepting these General Terms and Conditions of Use.
5. Warrantee Limitations
- 5.1. As the Mobile Applications and the Web Platform are an operational part of the acquired solutions, DYNAMOX undertakes to make corrections and changes necessary for its perfect functioning, even if changed the way of use, and is committed to the fulfillment of legal, regulatory and compliance requirements arising from its activity, in order to preserve or extend the benefits and functionality of the products purchased by the USER.
- 5.2. Therefore, DYNAMOX may change, suspend, replace, terminate or discontinue any aspect of the APPLICATIONS at any time, including the availability of any part of the Services, information, characteristics or access, so that those aspects do not interrupt the operation of its products and solutions.
- 5.3. While DYNAMOX has made every effort to ensure that the APPLICATIONS’s content is reliable, no warranty (explicit or implied) can be given as to its accuracy, completeness or impartiality, and therefore, the USER must, if necessary, obtain independent verification of any of the information contained therein.
- 5.4. In accordance with these General Terms and Conditions of Use, the USER expressly agrees that the APPLICATIONS are provided as they are at the time of his / her acceptance without any kind of guarantee, whether explicit or implied. DYNAMOX cannot guarantee that the APPLICATIONS are always available, or free from errors, or illegal access and consequential non-compliance. DYNAMOX is not even responsible for repairing possible types of errors, bugs or defects of unknown and unforeseen solution. It is not responsible for possible interruptions of activities arising from the instability of the servers that host the APPLICATIONS and / or from network provider unavailability, and of damages or losses that the unavailability of any nature may entail to the USER and its own, or third parties, or public interests. It shall be noted that not even Distributors and Partners, and any service providers cannot guarantee the efficiency and operation of the APPLICATIONS.
- 5.5. DYNAMOX publishes extensive material for reference and use of its Solutions, a public access to the Technical Support page and also a Blog with texts of qualified understanding for various levels of application of its technologies at: dynamox.net/blog/.
- 6.1. The USER will be the sole responsible for all the activities carried out and the consequences resulting from the use of the DYNAMOX acquired solutions and its APPLICATIONS.
- 6.2. The USER hereby declares that DYNAMOX and its legal representatives are exempt from any liability for the contraindicated use of the Solutions acquired, delay or non-performance of the APPLICATIONS, and any claims of third parties that may occur and that arise from bad use of the APPLICATIONS and any Service offered by these tools, including any expenses for loss, physical damage, implied moral, public or private lawsuits, procedural costs or fines. DYNAMOX and its legal representatives are also exempt from legal fees and charges for any action arising from the issues mentioned in this paragraph, assuming, the USER, full responsibility for his /her acts.
- 6.3. Therefore, the USER undertakes to use the technologies referred to in this document, in full accordance with the laws in force in the Country, and the regulations and standards applicable under the terms of these General Terms and Conditions of Use.
7. Intellectual Property
- 7.1. The APPLICATIONS and Services, its structure and all the features contained therein, all information, data, texts, images and graphics, codes and all components used on the APPLICATIONS are protected by copyrights and other intellectual property rights. The information contained on the APPLICATIONS and its Content must not be otherwise modified, reproduced (in whole or in part), distributed, transmitted to any other person or entity, incorporated in any document or other material or linked to (by electronic means or otherwise) without the express written consent from DYNAMOX, except as expressly licensed under these General Terms and Conditions of Use. License to use the APPLICATIONS is granted in a non-exclusive, non-transferable, non-sub licensable manner. Dynamox reserves all and any right over its trademarks, copyrights, and other intellectual property rights, available on the APPLICATIONS and its use is prohibited without our express authorization, under penalty of setting up civil and criminal offenses.
8. Final Provisions
- 8.1. The terms of these General Terms and Conditions of Use have an indeterminate term. If the conditions expressed herein need to be changed, a new version will be made available, and it will become effective ten (10) days after publication. After this period, it will be considered understood and accepted. If you disagree with the terms of the new publication, the USER can always cancel his / her registration and stop using the Services.
9. Declaration of Legal Ability
- 9.1. The USER declares under its full responsibility, for legal purposes, to have legal capacity to express its agreement to these General Terms and Conditions of Use. The USER also declares that has read, understood, and agrees to the full terms of this document.
- 9.2. It further declares that, should any provision of this document be deemed to be invalid, unlawful or unenforceable in whole or in part, the validity and legality of the remaining provisions shall remain in full force and effect for all legal purposes.
- 9.3. The USER acknowledges and agrees that DYNAMOX may at its sole discretion, at any time, assign or transfer, in whole or in part, the rights and obligations contracted herein.
10. Applicable Law
- 10.1. The present document General Terms and Conditions of Use is governed by the laws of the Federal Republic of Brazil and the parties elect the Forum of the District of the Capital of the State of Santa Catarina, to the detriment of any other, however privileged it may be, to settle any disagreements arising from it.
Version 1.0 of April 1st, 2019.
General Conditions of Supply
1. Acceptance of the Commercial Proposal
- 1.1. These General Conditions of Supply are an integral part of the COMMERCIAL PROPOSAL and define the terms, the rights and obligations for the commercial operations between Dynamox Soluções Criativas Ltda (DYNAMOX) and its customers (PURCHASER). These conditions apply to all DYNAMOX products and services, unless expressly modified in the Commercial Proposal, or in a contract signed between the parties, expressly replacing or changing these conditions.
- 1.2. The issuance of a purchase order, contract, or equivalent document by the CUSTOMER characterizes the acceptance of all the conditions of the DYNAMOX commercial and of these General Conditions of Supply.
- 1.3. Acceptance by DYNAMOX of a purchase order, contract, or equivalent document issued by the CUSTOMER shall only occur expressly and not after expiration of a specific deadline.
- 2.1. The product or service, purpose of the supply, is defined in the Commercial Proposal that accompanies this document.
- 2.2.1. DYNAMOX will make available a Basic Plan of free access to the Mobile Application and Web Platform functionalities, and the PURCHASER will be able to hire Plans with additional functionalities at any moment, according to the necessity, for the price and conditions in force at the moment of the hiring.
3. Payment and Conditions
- 3.1. The form of payment is the one set in the Commercial Proposal or other that is expressly stipulated between DYNAMOX and the PURCHASER.
- 3.2. In the event of late payment, the PURCHASER shall bear a fine of ten percent (10%) on the amount due, plus interest at the rate of 1% per month and monetary correction by the IGP-M / FGV, in proportion to the day, from the date of beginning of the delay until the date of the effective payment. Condition valid for supplies in Brazil only.
- 3.3. If the payment delay persists for a period exceeding sixty (60) days, DYNAMOX may suspend the access of the PURCHASER to the Software of the acquired Solution, until the payments are settled, and may also include the name of the PURCHASER in a defaulters list, in compliance with the governing law.
4. Warranty and Warranty Limitations
- 4.1. DYNAMOX warrants that the products will be delivered free of manufacturing defects, under the rules contained in this clause and in the Warranty Term specific to the item purchased.
- 4.2. DYNAMOX products have a warranty period of twelve (12) months from the date of issue of the sales invoice.
- 4.3. The warranties set herein are not applied to repairs or replacements required to equipment because: (I) of accident, misuse, neglect, failure to maintain in accordance with manufacturer specifications, or causes other than ordinary use set by DYNAMOX and (II) in case the product has been opened or been target of any intervention not authorized by DYNAMOX or professional expressly indicated.
- 4.4. Within the warranty period, DYNAMOX will take responsibility for the repair of products that present manufacturing defects, and when that is not possible, will promote its replacement.
- 4.5. Upon identifying a manufacturing defect, the PURCHASER shall notify DYNAMOX formally indicating at least: DYNAMOX sales invoice number, type and serial number of the equipment and situation in which the defect occurred.
- 4.6. With the equipment in its possession, DYNAMOX will make a diagnosis free of charge to the PURCHASER and, in case the defect or malfunction is not covered by the warranty, DYNAMOX will issue a proposal for replacement.
- 4.7. If the defect is covered by the warranty, DYNAMOX will notify the PURCHASER about the time required for the replacement. DYNAMOX does not guarantee prompt availability for replacement of the items.
- 4.8. Shipping expenses from the PURCHASER facility to DYNAMOX and back are the responsibility of the PURCHASER.
5. Intellectual Property Rights and Confidentiality
- 5.1. Intellectual Property of Products
- 5.1.1. The PURCHASER acknowledges that the products acquired through this agreement were designed and developed by DYNAMOX and that it is the sole owner of the Intellectual Property Rights of the same, and this instrument does not transfer, in any way, partially or in full, the Intellectual Property of those products.
- 5.1.2. The PURCHASER is expressly forbidden to copy, alter, disassemble, decompile, reverse engineer or take any action to obtain equipment with the same functionalities as those of this agreement without the prior written consent of DYNAMOX.
- 5.2. Intellectual Property of Dynamox Software
- 5.2.1. Through this agreement, DYNAMOX grants the PURCHASER the right of access to its Software, remotely through the Mobile Application and the Web Platform, not implying in any way any license or assignment of Intellectual Property.
- 5.2.2. The PURCHASER acknowledges that the DYNAMOX Mobile Application and the Web Platform Software, including its source code and all its features and designs, are the Intellectual Property of DYNAMOX and it cannot, under any circumstances, transfer them to third parties or use them outside the purchased solution in any way or for any purpose other than that expressly authorized in this Agreement, or with products and equipment that are not produced by DYNAMOX.
- 5.2.3. The PURCHASER, in addition to the restrictions provided by applicable law and other clauses of this agreement, is forbidden to: (I), create derivative works based on the DYNAMOX Software, (II) by itself or through third parties, copy, alter, disassemble, decompile, reverse engineer or take any action to obtain the source code of the Software, nor (III) access the Source Code of the Software, for any purpose.
- 5.3. It is the duty of the PURCHASER to maintain confidentiality about all technical information of the equipment provided herein, and of the software made available, being forbidden to reveal or transmit them to third parties, except members of the commercial network of DYNAMOX contracted under confidentiality clauses.
- 5.4. PRAZO: DURATION: The duties provided for in the Clause 5 shall remain in force, and the PURCHASER shall observe them for an indefinite period of time and in case of a breach, the penalties provided by applicable law and under this agreement will be applied.
6. Data Property
- 6.1. Data collected through DYNAMOX’s hardware and / or software acquired and installed by the PURCHASER, is owned by the purchaser.
6.2. DYNAMOX is hereby authorized to use the collected data for statistical purposes, product development and improvement, provided it does not disclose or pass the data on to third parties, except with specific written consent.
- 7.1. Of the PURCHASER
- 7.1.1. Make the payments, in accordance with terms and conditions agreed by the parties and stated in the Commercial Proposal.
- 7.1.2. Acknowledge and share the terms of warranty of the purchased products and contact the DYNAMOX Technical Support for needed clarifications.
- 7.1.3. If notified of a defect product recall, send immediately to DYNAMOX all products purchased and identified for the specific recall.
- 7.2. From DYNAMOX
- 7.2.1. Supply the hired equipment, software and services with the characteristics defined in the Commercial Proposal, within the deadline agreed between the parties.
7.2.2. Provide the PURCHASER with the necessary clarifications of use of the Solutions, which shall be requested in writing, allowing a reasonable time for the DYNAMOX team to return.
8. Proposal Cancellation and Default
- 8.1. DYNAMOX may refuse to supply an order, even after acceptance of this agreement, in which case it will return to the PURCHASER the amounts eventually paid for.
- 8.1.1. DYNAMOX will not be liable for any type of compensation or indemnity of any nature to the PURCHASER, aside of the return of the amounts paid, in case a Purchase Order cannot be attended.
- 8.2. In the event the PURCHASER cancels this contract before the Purchase Order delivery, DYNAMOX shall be compensated for the losses caused by the cancellation, as long it proves the impossibility to sell the products listed in the Commercial Proposal to third parties.
8.3. In case of the PURCHASER’s default after delivery of the products, DYNAMOX may suspend software Application access and endeavor all efforts to collect the amounts due, as provided in clause 3.3.
9. General Dispositions
- 9.1. In no event will DYNAMOX be liable for damages and losses of any kind, loss of profits, indirect damages and damages suffered by the PURCHASER or third parties.
- 9.2. These General Conditions of Supply bind the parties and their successors.
- 9.3. Amendments and additions shall only be applicable upon written agreement between the parties.
- 9.4. These General Conditions of Supply, as well as contents of the Commercial Proposal are confidential. It is forbidden to copy or distribute its content for a different purpose then for what these documents are intended.
10. Governing Law
- 10.1. The interpretation and application of these terms shall be made in accordance with Brazilian laws, and the parties elect the jurisdiction of the Capital District of the State of Santa Catarina, Brazil to resolve any doubts and / or controversies arising from the interpretation and / or execution of this instrument, to the exclusion of any other, however privileged it may be.
- Version 1.0 of April 1st, 2019.