I. INITIAL TERMS AND ACCEPTANCE
IS COLLECTOR Software is exclusive property of INLINE SISTEMAS and is made available by the DEVELOPER on the website www.iscollector.com (henceforth called “Site” or “Web Manager”) and on applications for Android and IOS systems (henceforth called “Applications”).
1.6. The USER is aware that INLINE SISTEMAS may, at any time and without any prior notice, suspend or block permanently the access of all users registered in its account in the event of breach of clause 1.5.
1.9. The USER is aware that (i) the data traffic that allows the access to the Software is supported by a service provided by the Internet provider and telecommunication services chosen and hired by the USER and that (ii) such services are completely independently of INLINE SISTEMAS and / or the Software, having the DEVELOPER no responsibility regarding the impossibility of accessing the Software due to problems on the Internet and telecommunication services hired by the USER.
1.10. The USER is aware that INLINE SISTEMAS shall, at any time and without any prior notice, unilaterally change the Software in any substantial aspect, such as operating conditions, technical conditions and use in order to improve and / or introduce new features to the Software.
2.1. In order to better understand this AGREEMENT, the definitions used in this document will have the meaning as described below:
a) Devices: the expression “Devices” (or “Device”, when individually considered) refers to the device in which you use the IS COLLECTOR Application to collect data. It can be a cell phone, tablet or Android or IOS system data collector.
b) Registration Data: the expression “Registration Data” means any data made available by the USER for registration purposes.
c) Collected Data: the term “Collected Data” refers to any data collected in the Applications by the Devices of the USER´s account and transferred to the Web Manager.
e) Website or Web Manager: the expression “Website” or “Web Manager” refers to the website www.iscollector.com, where the USER accesses and uses the Software via web browser.
f) Software: the term “Software” refers to the software (computer system) called IS COLLECTOR, sole and exclusive property of INLINE SISTEMAS, which features and services are available for the USER on the Site, according to the license plan chosen.
g) Active license: the expression “Active license” means that the hired license, paid for, has not expired yet, that is, its validity period is still in effect.
III. SOFTWARE LICENSE
3.1. The Software is a computer program, which access is available via Web Manager and Applications, with the objective of performing and managing the stock and inventory counts in general. The Software is purchased through the Device Licensing (s), as specified in Section VI below.
3.2. In this AGREEMENT, INLINE SISTEMAS grants the USER revocable, non-exclusive and non-transferable access to use the IS COLLECTOR Software, property of INLINE SISTEMAS, under the terms and conditions hereof.
3.3. The Software License use granted herein does not imply the access to software other than the one originally located in the Software. Under no circumstances shall the USER have access to the IS COLLECTOR Software source code, as it is the DEVELOPER's intellectual property.
IV. INTELLECTUAL PROPERTY
4.1. IS COLLECTOR Software, as well as all its components and elements, including new versions and updates, are exclusive property of INLINE SISTEMAS. All content available on the institutional website, Web Manager and / or Applications are protected by copyright (Laws No. 9.609 / 98 and 9.610 / 98) and are the exclusive property of INLINE SISTEMAS.
4.2. In no event shall the USER have any right over or related to the Software or any component thereof in addition to the rights expressly granted to the USER in this AGREEMENT.
4.3. In case the USER requests or contracts any specific software customization, INLINE SISTEMAS shall decide whether the new feature developed or changed will be made available as a standard function of the Software being available to all other customers, or if the customization will be available only the for the USER. This development will be considered part of the IS COLLECTOR Software, therefore, its property will be incorporated by INLINE SISTEMAS and its use will be in accordance with this agreement.
4.4. In no event shall the USER or third parties:
a) Copy, assign rights, sub-license, sell, lease or use as warranty, reproduce, donate, alienate, transfer totally or partially under any form, free of charge or not, temporarily or permanently the Software, as well as its modules, parts, manuals or disclose any information related to it;
b) Withdraw or change, totally or partially, the Software copyright notices and their documents.
c) Apply reverse engineering, decompiling or disassembling the Software;
d) Copy, distribute, transfer, publish, or in any other way, modify the content of the Site and the Applications.
4.5. Any violation of the provisions of this Section shall constitute an infringement to INLINE SISTEMAS 'intellectual property rights and administrative, civil or criminal sanctions will be imposed on the USER and/or third parties.
4.6. IN LINE SISTEMAS reserves all rights not expressly granted under this agreement.
V. USER REGISTRATION
5.2. The USER shall be fully responsible for all actions performed with the use of his login and password, even if practiced by third parties, whether they are authorized users or not.
5.4. The USER is entitled to register secondary users on his account (“Secondary Users”) to access and use the Software. By using the Software, Secondary Users state and acknowledge that they are aware of and agree with the terms and conditions of this agreement.
5.5. The USER shall immediately inform INLINE SISTEMAS of any loss, theft, or unauthorized disclosure of his login and / or password, so that INLINE SISTEMAS can block his access.
5.6. INLINE SISTEMAS does not take any responsibility arising out of improper, negligent or imprudent use of the USER's login and / or password.
VI. LICENSE TERMS, PRICES AND PAYMENT
6.1. INLINE SISTEMAS offers a free license which main purpose is to evaluate the system´s compliance with the business requirements and verify if IS COLLECTOR meets the required demands before purchasing a paid license.
6.2. Commercial Licenses (paid licenses) shall be purchased by the USER via Web Manager.
6.3. The commercial license (paid license) is individual per Device, that is, each purchased license can be applied to only one Device. Although the USER has no limit on the number of Devices he can register in his account, he states to be aware that only licensed Device will have their data collected fully exported, without limit, via the Web Manager. He also states to be aware that the opposite is also true, that means that the data collected by Devices, which at the time of export do not have a license, shall not be exported completely, that is, the USER will have access to only a random fraction of these data.
6.4. When creating an account on the DEVELOPER's Website, the USER automatically has free licenses for his Devices and, even if he does not purchase any paid license he is still subject to the terms of this agreement.
6.5. License options, their respective prices and payment methods will be made available by the DEVELOPER on its Site. The difference between the license options is based exclusively on the time granted for use, which varies according to the validity of the license, which may be either 30 (thirty) days or 1 (one) year.
6.6. INLINE SISTEMAS does not upgrade or downgrade the licenses already purchased. For example, it is not possible to purchase a 30(thirty) day license and pay the difference to upgrade to the annual license. In this situation, the USER must purchase a new annual license.
6.7. INLINE SISTEMAS shall, at any time and without any prior notice, change the license options available for new purchases and their respective prices and payment methods without affecting the USER current active licenses, having effect only on new purchases.
VII. USER RESPONSIBILITIES
7.1. The USER has the following responsibilities, without prejudice to other responsibilities under this agreement:
a) Provide INLINE SISTEMAS, whenever necessary and / or in the event of errors or problems with the Software, with all documents, records and other information that report the circumstances in which the errors / problems occurred, aiming to facilitate and speed up the solution to these problems by INLINE SISTEMAS;
b) Be fully responsible for all data input in the Software, as well as for the registration, permissions, passwords and authorized users´ operations;
c) Not use the Software in any way that may imply an unlawful act, infraction, violation of rights or damage to INLINE SISTEMAS or third parties, including, but not limited to, the use of a computer device for the purpose of obtaining, tampering or destroying data or information without the consent of the owner, the device or server on which these data are stored;
d) Not publish, send or transfer any files that contain viruses, worms, Trojans or any other program that may infect, destroy or interfere with the proper functioning of the Software;
e) Inform INLINE SISTEMAS whenever there is any change in the Registration Data given to the DEVELOPER;
f) Provide with all software and hardware necessary resources for the adequate access to IS COLLECTOR Software;
g) Upgrade hardware and software used for access, whenever necessary;
h) Search the Help Center for a tutorial video or FAQ that answers the USERS questions before contacting support.
i) Read the notifications received on the Web Manager login and follow the updates on IS COLLECTOR Software official account on Instagram (@ is.collector), which can be accessed at: https://www.instagram.com/is. collector
VIII. INLINE SISTEMAS RESPONSIBILITIES
8.1. INLINE SISTEMAS has the following responsibilities, without prejudice to other responsibilities under this agreement:
a) Ensure the regular operation of the Software, provided that the conditions of use defined in the Terms are respected and subject to the provisions of Section XII;
b) Correct any programming errors ("bugs") identified;
c) Suspend USER´s access to the Software in the event of any breach of this agreement or the existing regulations;
d) Keep the Help Center updated with tutorial videos and frequently asked questions, allowing the clarification of possible questions regarding the operation of the IS COLLECTOR Software;
e) Provide 24/7 support services (24 hours, 7 days a week) via electronic mail (firstname.lastname@example.org);
f) Provide 24/7 support services (24 hours, 7 days a week) by phone in urgent situations. The USER must appoint only one person to contact INLINE SISTEMAS. The USER must send an email to email@example.com informing the contact's name and telephone number. Only calls from the elected phone will be answered by the support service. Upon receiving the registration request for support via phone from the appointed contact, INLINE SISTEMAS will respond informing the phone number that should be called in case of "urgency".
IX. SERVICE LEVEL AGREEMENT (SLA)
9.1. INLINE SISTEMAS will make every effort to keep the Software available for at least 99% (ninety-nine percent) of the time each year (hereinafter referred to “Service Level Agreement”). For the purpose of interpreting this clause, "Year of Service" will be understood as the 365 (three hundred and sixty-five) days preceding the date of the USER´s claim based upon the level of service. If the USER has been using the Software for less than 365 days, the Year of Service will still be considered as the previous 365 days, and the days prior to the beginning of the use of the Software by the USER will be considered as if they were 100% available.
9.2. In case INLINE SISTEMAS does not fulfill all the obligations under the Service Level Agreement sets forth herein, the USER will be entitled to receive the credit corresponding to 33% of the active license (s) at that time (hereinafter only the “Service Credit").
9.3. Operational downtime that occurs before a successful Service Credit claim shall not be used for future claims.
9.4. The Service Level Agreement does not apply if the circumstances of unavailability are caused by: (i) an interruption of the electricity supply or emergency interruptions that do not exceed 2 (two) hours or that occur from 2:00 am to 6:00 am: 00h (Brasília time); (ii) situations that are beyond the reasonable control of INLINE SISTEMAS, including cases of unforeseeable circumstances, force majeure or access to the Internet and related problems; (iii) any actions or inactions attributable to the USER or to third parties, (iv) equipment, software or other technologies employed by the USER that prevent regular access to the Software.
9.5. In the event of a scheduled maintenance of the DEVELOPER's services in such a way that may prevent the use of the Software, the USER shall be informed at least 48 hours in advance, via e-mail, notification on the DEVELOPER's official account on Instagram (@is.collector) and / or via notification on the web manager. The period in which the services may be unavailable shall not exceed 2 hours. Whenever possible, the DEVELOPER will carry out the necessary maintenance services during the hours the Software is less used.
9.6. Emergency maintenance may be required at any time. In these cases, considering the worst case scenario, the DEVELOPER will endeavor to make the services available for the USER within 6 hours, once the problem has been identified / communicated.
X. INLINE SISTEMAS LIMITATION OF LIABILITIES
10.1 INLINE SISTEMAS assumes responsibilities under the exact terms and limits of this AGREEMENT. INLINE SISTEMAS assumes no responsibility, under any circumstances for:
a) Any act or omission performed and / or damage caused by the USER as a result of the access or use of the Software;
b) Misuse of the Software by the USER and / or authorized third parties or by a not allowed USER;
c) Failures, technical problems or unavailability of the Software, in accordance with the Service Level Agreement;
d) Any administrative, management or commercial decisions taken by the USER based on the information provided by the Software, as well as any damages and losses that may result from it;
e) Any problem that arises from actions of third parties that may interfere with the quality of the service;
f) Damage caused to third parties due to content created by the USER;
g) Analysis, review or correction of any data entered by the USER into the Software, either with regard to the accuracy or veracity of the data or to the legality or threat of violation due input data;
h) Problems resulting from unforeseeable circumstances or force majeure (article 393, Law 10.406 / 2002);
i) Any installation on the USER or third parties´ Device (s) of viruses, Trojans, malware, spyware or any other similar code, files or software, designed to interrupt, destroy or limit the performance of any software, hardware or telecommunication equipment, as a result of the USER´s Internet browsing.
10.2. INLINE SISTEMAS shall never be responsible for the content of data input in the Software (Registration Data, Collected Data, or any other data or information, passwords, copies of information, etc.). INLINE SISTEMAS shall not carry out any analysis, review or correction of any information entered by the USER in the Software, being the USER always and entirely responsible for this information.
10.3. INLINE SISTEMAS shall never be responsible for damages of any nature, whether direct or indirect, material or moral, opportunities missed or profit loss, arising from or related to the use or unavailability of use of the Software, for any reason. In no event INLINE SISTEMAS´s liability caused by any verified damage shall exceed the amount corresponding to the USER monthly fee of the current active licenses.
10.4. INLINE SISTEMAS shall adopt the appropriate security measures in accordance with the market requirements to protect the USER´s information stored in the Software. However, the USER shall understand that no system, server or software is absolutely immune to attacks and / or invasions by hackers and other malicious agents. Therefore, INLINE SISTEMAS is not responsible for any exclusion, acquisition, use and / or unauthorized disclosure of the USER data that may have resulted from attacks that INLINE SISTEMAS could not have avoided using these security measures.
XI. SOFTWARE TERMINATION
11.1. INLINE SISTEMAS has the right to immediately cancel the USER access to the Software in case the USER access to the Software does not comply with the terms of this agreement and /or applicable laws.
XII. LIMITED WARRANTY
12.1. The Software licensed INLINE SISTEMAS is provided "as is" without any other warranty. The USER assumes all risks and responsibilities for choosing IS COLLECTOR Software to achieve the expected results, as well as for the use and results obtained with the Software. The DEVELOPER does not guarantee that IS COLLECTOR Software is free of possible interruptions or failures, or that the Software is compatible with any hardware or software.
12.2. The USER understands that the IS COLLECTOR Software may be unavailable due to several factors, such as, for example, element of nature or acts of God, telecommunication problems or any other cause beyond the DEVELOPER control. Therefore, in these cases, the developer is exempted from implied and expressed warranties regarding IS COLLECTOR availability, accessibility or performance.
13.1. This AGREEMENT shall commence on the date of the acceptance by the USER, that is, the date the USER creates the IS COLLECTOR account, and shall remain in force for an indefinite period, while the USER is using the Software.
13.2. This AGREEMENT shall be terminated in accordance with the provisions in Section XIV, as follows.
14.1. The termination of this AGREEMENT by the USER shall take place upon the request of cancellation of the IS COLLECTOR account. The USER shall request the cancellation of the account and terminate this AGREEMENT any time by sending a written notice to INLINE SISTEMA, via email to firstname.lastname@example.org.
14.1.1. The USER is aware that, even if the license (s) is active at the time of the cancellation, the DEVELOPER will not refund the USER any amount related to the remaining term of the purchased license (s).
14.2. INLINE SISTEMAS, in turn, shall terminate this AGREEMENT at any time by sending a written notice to the USER, with a minimum 30 (thirty) day notice, via e-mail to the administrator of the USER´s account.
14.2.1. In case the USER has active licenses at the time of termination of this AGREEMENT upon INLINE SISTEMAS request, the DEVELOPER shall refund the USER the amount of the remaining balance of the current licenses.
XV. USER DATA STORAGE
15.1. The USER is aware that, if his account has never purchased a paid license, the data stored may be deleted at any time, being the DEVELOPER in its sole discretion the responsible for the exclusion of these data.
15.2. In case the USER has already purchased at least one paid license, even in the event this license is currently expired, the Collected Data can only be deleted by INLINE SISTEMAS 18 months after the expiration of its last active license, without the purchase of new ones; that is, if the USER´s account has not purchased any licenses in the last 18 months.
15.3. As long as the USER has an active license (s) in his account, INLINE SISTEMAS shall not delete or clean any of the Collected Data.
XVI. GENERAL AND SUPPLEMENTARY TERMS
16.1. Any gap and / or inconsistency in this AGREEMENT shall be interpreted in accordance with the will of the parties and in accordance with an objective contractual good faith, in compliance with the applicable laws.
16.2. In the event of a possible judicial decision of total or partial nullity of any provisions of this AGREEMENT, the remaining provisions that are not subject to nullity must be maintained, by completing and integrating the operational rules affected, in accordance with the principles of reasonableness and good faith.
16.3. Acts and omissions arising from any failure as a consequence of the USER and / or authorized users´ acts shall not imply INLINE SISTEMAS´ waiver of rights, modification, or an unwritten source in favor of the USER.
16.4. The USER shall not assign or transfer any rights or obligations under this AGREEMENT. Such limitation, however, shall not apply to INLINE SISTEMAS, which may, at any time, assign, fully or partially, rights and obligations under this AGREEMENT.
16.5. The USER agrees that INLINE SISTEMAS may disclose the conclusion of this AGREEMENT for commercial purposes, mentioning the USER´s name / corporate name and brand in advertising campaigns, and may even disclose messages sent in writing or orally, by telephone or any other means of communication, for websites, newspapers, magazines and other campaigns use while this AGREEMENT is in force. The USER also accepts to receive notices about trainings, partnerships and campaigns concerning the Software via e-mail.
16.6. Any and all written communication addressed to INLINE SISTEMAS regarding breach of contract or terms of this AGREEMENT shall be sent by e-mail to email@example.com.
17.1. INLINE SISTEMAS, at any time, at its sole discretion and without the need for any prior or subsequent notice to any USER or third parties, may:
a) Suspend, cancel, interrupt or change, fully or partially, the USER´s access to the Software, when access or registration violates the terms set forth in this AGREEMENT;
b) Exclude, fully or partially, any data registered by the USER that is not in accordance with the terms of this AGREEMENT;
c) Remove, change and / or update, fully or partially, the Web Manager and / or the Applications.
17.4. INLINE SISTEMAS shall also, at its sole discretion, suspend, modify or terminate the activities of the Software, upon a 30(thirty)day written communication to the USER, providing ways and alternatives to export the data from the USER´s Software, except in the event of unforeseeable circumstances or force majeure.
XVIII. GOVERNING LAWS AND JURISDICTION
Porto Alegre, March 29, 2021.
INLINE SISTEMAS LTDA.
Moisés Casanova Viana