Nitzap's General Terms and Conditions
Nitzap's services are provided by the legal person Datago Technology Ltd., its trade name Datago Technology, subscribed under the Brazilian Tax ID nº 30.728.220/0001-05, owner of the intellectual property of the software, website, applications, contents and all other assets related to the platform. Hereby referred to as "Datago", "Nitzap", "we", "us", "our" or "ours".
1 - Goals
The platform licenses the use of its software, website, applications, contents and other assets, providing tools to connect WhatsApp and Salesforce, therefore characterized by the following services: Integration between WhatsApp and Salesforce, assisting on visualizing and uploading details of contacts and accounts, as well as recording exchanged messages.
2 - Acceptance
The following terms and conditions ("Terms") determine the access to and use of the software-as-service ("SaaS") Nitzap, all its functionalities, services and tools, as well as its improvements, corrections and updates (the "Software", "Platform" or "Service"). Thus, we kindly request that you read the Terms carefully, it determines legal rights and obligations between you, contractor or user ("Contractor", "User" or "you"), and Datago, regarding the subject matter.
Accepting the Terms stipulates that you have revised and agree to be subjected to them, and guarantee being above the legal age of 18 (eighteen) years-old and having the authority to represent the company or the employee by subjecting them to said Terms. If you do not agree with them or do not have such authority, do not accept the Terms or access the Platform. By accepting the Terms you expressly waive the right to require any non-electronic signature or document, within the limits applicable by law.
3 - Access / License
The license is annual, its minimal term 12 (twelve) months, starting as early as:
- a) the date of the signature of the license agreement between the parties; and
- b) use enabled with the verification of the first payment made via PayPal.
And shall continue until you actively cancel the Signature. The signature will be canceled according to the terms of section 7.
Every technical solution at our disposal will be used, as long as the efforts are commercially reasonable, to allow access to the service 24 (twenty-four) hours a day, 7 (seven) days a week. However, using the Platform or its functionalities may be interrupted, limited or suspended for updates, improvements or other action necessary to its good functioning.
4 - Restrictions on Use of the Service
The Contractor or User is prohibited from:
- a) trying to reverse engineer, decompile, disassemble or otherwise attempt to replicate, in any way, the code, the Software or part of them;
- b) remove or distort proprietary notices, logos, labels or legends on the Software (including when you download or print a copy any content, except in cases permitted by Datago);
- c) use automated means to access the Platform, or trying to bypass or deactivate even a part of safety or technological structure of the Software;
- d) use, send, post, transmit, share or otherwise introduce a device, code or other item (including but not limited to bots, viruses, worms, and Trojan horses) that may interfere (or attempts to interfere) with the Software's operations or its integrity, as well as content that is defamatory, malicious, obscene, fraudulent, pornographic, abusive or that breaks a law;
- e) use the Software to create or develop any product to compete with the Software;
- f) use the Software with fraudulent or illegal intent, that violates the Terms, or breaks or misuses one's intellectual property, privacy or copyright;
- g) use the Services in abusive manner, that leads to disproportionately large load of demand to the infrastructure (including but not limited by the use of functionalities for purposes different of their initial goal);
- h) violate password protections controlling the access to the Software; or
- i) use devices, softwares, hardwares or techniques to share connections, devices or users in direct access to Nitzap's Service, in order to attempt to circumvent limitations or conditions of the scope of your license;
- j) forge or manipulate identities to attempt to disguise the origin of data or content uploaded or transmitted through the Software;
- k) act in any manner that imposes or may impose (at Nitzap's sole discretion) an irrational or disproportionate amount of activity to the server, the network, the broadband or other cloud infrastructure that operates on or supports the operation of Nitzap's Service or, systemically abuses or disturbs said server, network, broadband or infrastructure.
5 - Right to Use the Service
Access to the Platform's functionalities will require acceptance of the Terms, Service license and the payments applicable to the registration. Nitzap provides, and you accept, the non-exclusive, non-transferable, non-sublicensable and non-shareable right to access and use the Software, during the annual subscription period, for internal use of your business only.
The access will also require a User registration. Nitzap reserves the right to accept or refuse said registration. By registering, the User will allow access to their Salesforce user information, thus connecting the Nitzap registration to your Salesforce account.
By licensing the platform, the Contractor must inform the company's complete, recent and valid information, therefore being their sole responsibility to maintain said information updated, as well as guaranteeing its veracity.
The Contractor or User commits not to inform their registration information and/or access to the Platform to third parties, being entirely responsible for anything it may be used for. After the registration, the User will have a registration connected to their Salesforce user, to ensure individual access to the Platform. Thus, it is your sole responsibility to keep said information confidential and secure, avoiding improper access to personal or organizational information.
Any and every activity performed using the password will be the User's responsibility, who must promptly inform the platform in case of improper use of their password. It is prohibited to cede, sell, rent or transfer, in any way, the account.
It is up to the Contractor to assure that their equipment has an updated operational system with due coverage to the manufacturer, and their browser is updated with the latest stable versions available by the manufacturer. The Software was not intended to work, and will not work, as a product or service storage platform, and the Contractor agrees to not count on the Service to store consumer data. You are solely responsible for updates and backups of all customer data.
The Contractor might, at any given time, require the cancellation of their license with Nitzap. The unregistration will happen as soon as possible, following the conditions of the contractual agreement.
The Contractor, by accepting the Terms and the Privacy Policies, expressly authorizes the Platform to collect, store, process, cede or use information derived from the use of the Services and its functionalities, including all the information filled when registering or updating the registration, as well as other explicitly described by the Privacy Policies, which must be authorized by the Contractor.
6 - Prices
The Platform Reserves the right to unilaterally readjust, at any given time, the prices of services or products without previous consulting or consent form the User. The prices applied will be those in effect at the time of licensing.
The prices are indicated in US dollars and the license will be automatically renewed by the Platform, regardless of communication with the user, through periodic billing just as the payment form indicated by the Contractor when licensing the Service.
Unless otherwise declared on the licensing agreement:
- a) all payment fees will be paid through PayPal;
- b) all payment fees will be paid in advance;
- c) every payment indicated in this Term is non-refundable;
- d) any amount not paid within its due date will be subjected to a 2% fine and daily interest until paid in its totality, being the minimal interest of 1% per month and maximum applicable by law.
Payment fees referred to this Term are exclusively pertinent to all the sales, usage, consumption, VAT and any other fee, duty or tax, except taxes based on Nitzap's net worth. In case you are required by applicable law to retain or deduct taxes in any of the payment fees under this Term, than the amount owed to Nitzap must be increased by the exact amount necessary so that Nitzap receives and retains, free from deductions or retentions, the amount it would receive in case you hadn't made such deductions or retentions. Any amount not paid within its due date may result in suspension of the Service supplied.
7 - Cancellation
The Contractor may cancel the license to the Services according to the conditions determined on the licensing agreement. You may also cancel the Services within 7 (seven) days of the license, by contacting email@example.com, according to the Brazilian Consumer Protection Code (Brazilian Law nº 8.078/90).
The Platform reserves the right to, at any given time and for any given reason, without advance notice, discontinue or modify any aspect of the Service, terminate these Terms with or without cause and/or suspend or cancel the access to your Software License, with or without cause, and Nitzap will not be liable for how it may affect you or third parties.
With the termination or cancellation of the license, all access and use of the Platform shall be immediately discontinued and all copies of any document provided to you by means of the Platform shall be deleted immediately or, if not possible, within a maximum of 3 (three) days.
Any and every access to customer data the Platform may have stored will be withdrawn with the cancellation of your signature. It is the responsibility of the Contractor to export said information prior to the cancellation, who may also, in writing, within 30 (thirty) days of the termination of the license, request an opportunity to export them. The contractor waives any legal right or similar resource against Nitzap about the deleted data.
8 - Support
In the event of doubts, suggestions or problems with the use of the Platform, the User may contact the support team, through the e-mail address firstname.lastname@example.org. The support commits to make every effort commercially possible to reply within 72 (seventy-two) hours.
9 - Responsibilities
The Contractor and/or User is responsible for:
- a) assuring the payment of all fees of the license of the Service and fulfilling the agreement regarding the cycle of billing or any other payment term established;
- b) defects or technical issues originating from their own system;
- c) the correct use of the Platform, its Services and functionalities offered, aiming to maintain good coexistence, respect and cordiality between users;
- d) fulfilling and respecting the set of rules disposed on this Term, its respective Privacy Policies and the national and international legislation;
- e) protecting the access information for your account/profile (login and password).
- f) illicit contents or activities practiced through the Platform.
Nitzap is responsible for:
- a) designating the characteristics of the Service;
- b) defects and technical issues found on the Service provided, as long as they were caused by the Platform itself;
- c) information by us divulged, although comments or information shared by users are the user's sole responsibility;
- d) suspend the access and/or inform the authorities in case of suspicions of illicit contents or activities practiced through the Platform.
The Platform will not be responsible for external links within your system that may redirect the user somewhere outside of your network.
External links or pages cannot be included for commercial or marketing purposes, neither can other illicit, violent, polemic, pornographic, xenophobic, discriminatory or ofensive information.
10 - Responsibility Limits
Within the limits of the law, Nitzap shall not, in any way, be liable for any loss of income, profit, client, reputation, even if indirect or incidental, or other damages you or a third party may suffer during the validity of this Term, or that may originate with the use, or inability to use, our Services.
The total aggregate liability of Nitzap for any loss or damage shall not, in any way, exceed the amount the Contractor has already paid for in the months prior to the complaint.
The Contractor agrees, as well, to defend, exempt and indemnify Nitzap, its affiliates and its employees, directors, agents, consultants, etc. from any and all accusation, damage, cost or responsibility imposed by third parties, including lawyers fees, coming from the use of our Services, the termination of its license or other violation of applicable laws or regulations.
11 - Copyrights
The present Terms and Conditions grants the users a non-exclusive, non-transferable and non-sublicensable license, to access and use the platform and the Services and Products it makes available.
The structure of the website or application, the logos, labels, commercial names, layouts, graphs and interface design, images, illustrations, photographs, presentations, videos, written contents, or sound and audio, computer programs, database, broadcast files and other information and intellectual property rights of the company Datago Technology Ltd., following the terms of the Brazilian Industrial Property Law (Brazilian Law nº 9.279/96), Brazilian Copyright Law (Brazilian Law nº 9.610/98), Brazilian Software Law (Brazilian Law nº 9.609/98) or other applicable international laws, are duly reserved.
This Term, in no way, concedes or transfers to the User any right, in other words, the access does not grant rights of the intellectual property to the User, except to the limited license bestowed.
The use of the platform by the User is personal, individual and untranserable, any non-authorized use, for commercial purposes or not, is strictly prohibited. Such use consists in violation of intellectual property rights of Datago Technology Ltd., punishable by terms of applicable laws.
In case the Contractor or User provides suggestions or feedback ("Feedback"), including but not limited to suggestions about the Software, the Services, about data, customizations, functionalities, modifications, corrections, improvements, derivations or extensions, the Feedback will be exclusive property of Nitzap and you fully waive any and all rights or intellectual property to it and, under limits applicable by law, waive the right to claim returns related to said rights.
12 - Sanctions
Without prejudice to other applicable legal measures, Datago may, at any time, warn, suspend or cancel the account of the Contractor or User:
- a) that violates anything disposed on this Term;
- b) that fails to fulfill their obligations as Contractor or User;
- c) that behaves in a fraudulent or deceitful manner, or that offends third parties.
13 - Termination
Not following the obligations agreed on the present Terms and Conditions or under applicable law may, without advance notice, lead to immediate unilateral termination by Datago and the suspension of all the services provided to the user.
14 - Alterations
The items described on the Term may be altered, unilaterally and at any time, by Datago, to better suit or modify the services, as well as to meet new legal requirements. Expressive alterations will be transmitted by the Nitzap application and the Contractor or the User may opt to accept the new content or discontinue the use of the Services.
The Services offered may, at any given time and unilaterally, without notice, be ceased, altered in its characteristics, as well as have the use or access restricted.
15 - Privacy Policies
Besides the Term, the user must agree to the dispositions of its respective Privacy Policies, which is presented to all within the Platform interface.
16 - Governing Law and Jurisdiction
To solve disagreements arising from the Term not covered by the present instrument, the Brazilian Law will be fully applicable.
Possible disputes must be presented to the district court of Vitória, Espírito Santo, Brazil. Possible disputes outside that Scope, will be treated according to the contractual agreement.