Terms of Use

Last update: December 10, 2024.

These Terms and Conditions ("Terms") govern the access and use of the Genuz software ("Software") and related services provided by PROGRAMMERS INFORMÁTICA LTDA, a company established under the laws of Brazil, headquartered at Avenida Doutor Jose Bonifácio Coutinho Nogueira, nº 150, Sala 38, Térreo, Jardim Madalena, Campinas, SP – CEP: 13091-611, registered under CNPJ nº 00.169.600/0001-88 ("Licensor"), by you ("User") and the contracting organization ("Licensee"). By accessing, using, registering, downloading, or installing any component of Genuz, you fully agree to these Terms. If you do not agree with any of the conditions presented, the Genuz product should not be used.

1. DEFINITIONS

• License Agreement: The agreement between the Licensor and Licensee that defines the general conditions, payment, responsibilities, service levels, support, limitations of liability, and other relevant details for the use of the Software and Services.

• Genuz/Software: Computer program that offers a corporate analytics management solution, developed and licensed by the Licensor, including its functionalities, features, updates, documentation, and application programming interfaces (APIs), as specified in the License Agreement. The source code is not included in the licensing.

• Licensee: The organization that holds the Genuz license and whose authorized Users access the Services.

• Services: All services made available through Genuz, including those specified in the definition of Genuz, technical support, updates, APIs, Genuz hosting, and any other services provided by the Developer related to Genuz.

• User: Any individual authorized by the Licensee, including employees, contractors, and other authorized parties, to access and use the Software and Services.

• Third-Party Data: Including, but not limited to, User Information, Licensee Information, third-party software, etc. provided by authentication providers or other integrated solutions.

2. LICENSE OF USE

2.1. As established in the License Agreement, the Licensor grants the Licensee a non-exclusive, non-transferable, non-sublicensable, revocable, and limited license to use the Software and Services exclusively for the purposes permitted in the License Agreement. The duration of the license is specified in the License Agreement.

3. USE RESTRICTIONS

When using Genuz, the User agrees not to:

3.1. Use Genuz for any illegal, immoral, or unauthorized purpose;

3.2. Attempt to circumvent the security measures or access restrictions of Genuz;

3.3. Perform reverse engineering, decompile, or disassemble Genuz;

3.4. Interfere with the operation of Genuz or the experience of other Users;

3.5. Use Genuz to send spam, phishing, or malware.

3.6. Upload, store, or transmit illegal, offensive, defamatory content or content that violates third-party rights;

3.7. Transfer the license to unauthorized third parties.

3.8. Use Genuz for activities that may harm, disable, overload, or compromise the Licensee's infrastructure;

3.9. Use the Services to conduct research, contests, pyramid schemes, chains, send electronic junk, spam, or any repetitive or unsolicited message (commercial or not);

3.10. Distribute any Content protected by intellectual property laws (copyright, trademarks, patents, trade secrets, privacy, or publicity rights), unless you are the rights holder or have obtained the necessary permissions;

3.11. Use any material or information available through the Services in a way that infringes on third-party intellectual property rights.

3.12. Transfer files containing viruses, malware, spyware, or any malicious software that may harm the operation of Genuz, other systems, or devices;

4. INTELLECTUAL PROPERTY

4.1. All intellectual property rights to Genuz and the Services remain the exclusive property of the Licensor. By using Genuz, you agree to assign to the Licensor any suggestions, ideas, enhancement requests, or other feedback you provide related to Genuz or the Licensor's products. The Licensor owns all content, data, software, inventions, ideas, and other technologies and intellectual property it develops in connection with Genuz and its products. By sharing feedback or ideas with us, you authorize us to use this information to improve Genuz, and we will own any resulting improvements. All software and documentation provided with Genuz are licensed under the terms of the License Agreement and may not be reproduced, distributed, or modified without the express permission of the Licensor.

5. UPDATES AND AVAILABILITY

5.1. The Licensor may implement improvements, updates, and changes to the solution to ensure service continuity and compliance with new regulations. These updates may include, but are not limited to, functionality improvements, bug fixes, and security updates.

5.2. Updates may require acceptance of new Terms of Use. The user will be notified of any significant changes to the Terms and must accept them to continue using Genuz.

5.3. The solution may experience temporary interruptions for maintenance or technical adjustments. Whenever possible, the Licensee and Users will be informed in advance of these interruptions, along with an estimate of the time required for the completion of maintenance.

6. DATA BACKUP

6.1. The Licensee is responsible for performing regular backups of User Data. The Licensor is not responsible for data loss resulting from backup failure or any other cause not directly attributable to a failure in the service provision by Genuz.

7. DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILITY

7.1 Genuz is provided "as is," without any warranties, express or implied, except those provided in the License Agreement.

7.2. The Licensor is not responsible for unavailability, data loss, failures in integration with third-party systems, or damages resulting from improper use by the User. Additionally, the Licensor is not responsible for indirect, special, incidental, or consequential damages, including, but not limited to, loss of profits, even if the Licensor has been informed of the possibility of such damages.

7.3 It is the Licensee's responsibility to ensure that the technical infrastructure is adequate for the operation of Genuz.

8. PENALTIES FOR IMPROPER USE

8.1. The use of Genuz in violation of the Terms of Use may result in:

• Access restriction;

• Formal notification to the contracting company;

• Other applicable measures according to applicable legislation.

9. DATA PRIVACY

9.1. Your privacy is important to us. Our Privacy Policy describes how we collect, use, and share your personal information when you use our Software. By using our Software, you agree to the terms of our Privacy Policy, which is incorporated into and forms part of these Terms of Use.

10. CHANGES TO THE TERMS OF USE

10.1. The Licensor may change these Terms of Use at any time. Changes will be communicated to Users by email and/or through notifications on the platform. Continued use of Genuz after notification of changes constitutes acceptance of the new Terms of Use.

11. ACCEPTANCE AND VALIDITY

11.1. These Terms come into effect from the user's acceptance, formalized by clicking "Accept" during the first access to Genuz. This document remains in effect as long as the user has access to the system. Acceptance of the Terms of Use implies knowledge and agreement with all provisions contained herein.