TERMS OF USE AND PRIVACY POLICY

CIRD SISTEMAS LTDA (“CIRD”) establishes in these Terms of Use and Privacy Policy the conditions for using the web application cird.app, through which the User will be able to access the services, functionalities and contents made available by CIRD, in order to clarify the obligations and responsibilities of the Users.

These Terms of Use and Privacy Policy consist of the terms and conditions below.
Make sure you are always informed about any changes.

1. DEFINITIONS:

For the purposes of these Terms of Use and Privacy Policy, the following are considered:

• 1.1. MAC Address (Media Access Control): is a physical address associated with the communication interface, which connects a device to the network, the code assigned to a Terminal on a network to allow its identification, defined according to international parameters.
• 1.2. IP Address (Internet Protocol): is a virtual address provided by the user's internet provider, used to identify a computer, smartphone or other device on the Internet.
• 1.3. Browser: software used to access and interact with websites on the internet.
  The browsers officially supported by the cird.app application are, in their most up-to-date versions:
  • (i) Google Chrome
  • (ii) Mozilla Firefox
  • (iii) Microsoft Edge
  - The cird.app application can and probably does work in other browsers not included in this list, however CIRD does not guarantee the complete and correct functioning of the functionalities offered by cird.app in this situation.
• 1.4. User and Password: a set of characters that can consist of letters, numbers and/or special characters, in order to verify the User's identity and allow access to the Application.
• 1.5. Application: refers to the web software cird.app, through which the User accesses the services and functionalities made available by CIRD.
• 1.6. Users (or “User”, when individually considered): all individuals or legal entities that will use the Application, ver 18 (eighteen) years old or emancipated and fully capable of performing acts of civil life, or absolutely or relatively incapable persons duly represented or assisted.

2. ACCEPTANCE OF THE TERMS OF USE AND PRIVACY POLICY:

By accessing the Application, the User agrees and fully accepts the provisions of these Terms of Use and Privacy Policy.

3. PERMISSIONS:

The Application will use the following features of your browser:

• 3.1. Local Storage: Functionalities such as LocalStorage and IndexedDB will be used to keep pertinent information on the Client side, such as caching and other performance improvements.
  - The use of this feature is mandatory for the correct functioning of the application.
• 3.2. HTTP Calls and Websockets: Communication with CIRD servers and other services is done through the standard protocols offered by the browser.
  - The use of this feature is mandatory for the correct functioning of the application.
• 3.3. Browser Notifications: The user can be alerted when a relevant application event happens.
  - The use of this feature is not mandatory and can be disabled in the settings.
• 3.4. Microphone: The application may temporarily request access to the user's microphone, for a finite, short and determined duration, with the sole purpose of making short recordings, making it clear to the user the beginning and end of this use, and being activated only after direct and conscious action by the user.
  - The use of this feature is not mandatory and can be disabled in the settings.

4. REGISTRATION:

The Application may have both open content areas and restricted content and/or services. For the User to access restricted content and/or services, it will be necessary to provide login and password information, provided by CIRD.

• (i) The User is responsible for the accuracy and veracity of the data provided and recognizes that the inconsistency of these may imply the impossibility of accessing and using the Application.
• (ii) The User assumes full responsibility for the safekeeping, secrecy and good use of the registered login and passwords, exempting CIRD from any responsibility.
• (iii) The Username and Password can only be used by the registered User, being expressly forbidden to share credentials with any third party.
• (iv) The User may, at any time, request the removal of their registration and deletion of their data from the Application, with the safeguard by CIRD of the information and/or data whose maintenance is imposed on them due to legal obligations and/ regulatory or, even, whose maintenance is necessary to comply with a court order, within the scope of judicial and/or administrative proceedings and questioning of third parties arising from the activities performed by the User in the Application.
  - Partial collections and payment refunds are not carried out in periods of less than 1 (one) month.
  however, CIRD undertakes to leave open a communication channel for possible negotiations, since the focus is and will always be the User's satisfaction.

5. PRIVACY

• 5.1. Users informations:
  • 5.1.1. User Information is collected, stored, handled, processed and used by CIRD for the following purposes:
    • (i) develop, maintain and improve the Application's features and functionalities;
    • (ii) enable Users to access and use the Application's features and functionalities;
    • (iii) analyze the Application's performance, measure the Application's audience, verify Users' usage habits in the Application;
    • (iv) analysis related to the Application's security, improvement and development of anti-fraud tools, credential theft and other security measures;
    • (v) improve Users' experiences using the Application;
  • 5.1.2. CIRD preserves Users' privacy and does not share their data and information with third parties unrelated to CIRD's activity, except with the User's own consent, by law or court order.
  • 5.1.3. Upon completion of the agreement between the parties and cessation of use of the Application by the User, all sensitive data of the User will be completely and irreversibly removed from the servers, databases and other systems used directly by the Application.
    • (i) Usage data and personal or private information will be permanently deleted within 30 (thirty) days.
    • (ii) Other types of non-sensitive and/or private data will be permanently deleted within a period of up to 6 (six) months.
    • (iii) Information necessary for CIRD's internal control, such as the client's name and other identifying information, may be kept by CIRD for an indefinite period.
• 5.2. Information used for the correct functioning of the application: By registering and saving any data in the Application, the User agrees and allows the application to store and transmit this data using private servers, in a way that is safe and inaccessible for third parties.
• 5.3. Limited Use: All external information ingested or processed by CIRD, including but not limited to integrations with Google Api's, strictly follows the Limited Use Policy. This means:
  
  • (i) The information will be used exclusively for improving the user experience in CIRD.
  • (ii) The information will not be transfered, sold or accessible by any institution outside of CIRD.
  • (iii) When inside of the application, the data will be used only for its defined purpose, and only after user approval.
  • (iv) No humans, even people at CIRD, are allowed to read this personal data, except:
    • The user requires assistance with the application and has given affirmative consent.
    • It is necessary for security porpuses.
    • It is necessary to comply with applicable law.

6. VIOLATIONS:

The User may not perform the following actions due to or through the use of the Application:

• (i) practice of any unlawful acts and/or violation of current legislation;
• (ii) acts contrary to morals and good behavior;
• (iii) uploading, sending and/or transmitting any content of an erotic, pornographic, obscene, defamatory or libelous nature or that condone crime, drug use, consumption of alcoholic beverages or smoking products, physical or moral violence;
• (iv) uploading, sending and/or transmitting any content that promotes or incites prejudice (including origin, race, gender, color, sexual orientation and age) or any form of discrimination, as well as hate or illegal activities;
• (v) threat, coercion, physical or moral constraint to other Users;
• (vi) violation of third party rights;
• (vii) violation of others' confidentiality and privacy rights;
• (viii) acts that cause or promote contamination or harm any CIRD and/or third party equipment, including through viruses, trojans, malware, worms, bots, backdoors, spyware, rootkits, or any other devices that may be created;
• (ix) perform any acts that directly or indirectly, in whole or in part, may cause harm to CIRD, any User and/or any third party;

7. RESPONSABILITIES:

The User is solely responsible for:

• (i) for any and all acts or omissions performed by him through his access to the Internet and the Application;
• (ii) for any and all content that he uploads, uploads and/or transmits to the Application;
• (iii) for repairing any and all damages, direct or indirect (including those arising from the violation of any rights of other users, third parties, including intellectual property, secrecy and personality rights), that are caused to CIRD and/or to any other User, or even to any third party, including by virtue of non-compliance with the provisions of these Terms of Use and Privacy Policy or any act performed from your access to the Internet, and to the Application.

• 7.1. If the User fails to comply with any provision of these Terms of Use and Privacy Policy or legal provision, without prejudice to other measures, CIRD may, by itself or by third parties, at any time, at its sole discretion, without the need for any notice or notification prior or subsequent to any User or any third party, under any means or form, without prejudice to initiating the applicable legal measures, suspending or limiting access to the Application, closing any User's account and/or taking other measures that it deems necessary for the compliance with these Terms of Use and Privacy Policy and for the proper functioning of the Application, at any time.

8. INTELLECTUAL PROPERTY

• 8.1. Belong to CIRD:
  • (i) any and all software, application or functionality employed by CIRD relating to the Application;
  • (ii) the visual identity (including the graphic-visual art design of any of its pages);
  • (iii) the corporate name, brand, domain name, slogan or advertising expression or any distinctive sign of its ownership inserted in the Application;
  • (iv) any and all content created and produced by CIRD, by itself or by third parties, which may not be used, in any way or form, by Users.
• 8.2. In cases where the Application allows the sending and/or transmission of Content by the User, the User grants free, non-exclusive, irrevocable and irreversible authorization to CIRD to use any and all intellectual (including copyright and related) property rights over any Content, sent and/or transmitted by the User to the Application, under any means or form, at its sole discretion, without any restriction or limitation of any kind. The User declares and guarantees that the Contents do not infringe the rights of third parties and that he has obtained all the authorizations that may be necessary to enable their use by CIRD.

9. TOLERANCE:

Tolerance regarding any breach of any of the provisions of these Terms of Use and Privacy Policy by any User will not constitute a waiver of the right to demand compliance with the obligation, nor forgiveness, nor amendment of what is set forth herein.

10. CHANGES TO ACCESS AND TERMS OF USE AND PRIVACY POLICIES:

CIRD, at any time, at its sole discretion and without prior or subsequent notice to any User or third parties, may:

• (i) suspend, cancel or stop access to the Application and
• (ii) remove, change and/or update, in whole or in part, the Application as well as its respective contents and/or Terms of Use and Privacy Policy.
  Any changes and/or updates to these Terms of Use and Privacy Policy will take effect from the date of their publication on the Application and must be fully observed by Users.

11. LEGISLATION AND JURISDICTION:

These Terms of Use and Privacy Policy are governed in accordance with Brazilian law. Any disputes or controversies arising from any acts performed in connection with the use of the Application by Users, including in relation to non-compliance with the Terms of Use and Privacy Policy or violation of the rights of CIRD, other Users and/or third parties, including rights of intellectual property, secrecy and personality, will be processed in the Judicial District of Maringá, state of Paraná, Brazil.