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.
- 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.