Infocapta
- Audit Móvel products are proprietary software applications. The use of Infocapta
- Auditoria Móvel products is subject to the terms and conditions described IN
THE SOFTWARE LICENSE AGREEMENT, which is a binding term between users
authorized by the CONTRACTOR and the CONTRACTED.
Last
updated: April 18, 2024.
IMPORTANT - PLEASE READ THIS AGREEMENT! This document (Software Terms of Use) is a binding legal document between the CONTRACTED and the end user, which explains the end user's obligations when using THIS SOLUTION, a product of the Brazilian limited liability company ( SUMMER SOFT CONSULTORIA DE INFORMATICA SOCIEDADE UNIPESSOAL LTDA. , CNPJ 03.483.129/0001-96 ), with headquarters at Rua Artur Andrade, 55, V. Marari , São Paulo - SP. By checking the box "I agree to the terms of use of Software", or installing or using any Services and Software of the CONTRACTED, the end user agrees to be bound by this TERMS OF USE. If you do not agree with this, leave the "I Accept" box unchecked and do not install or use products from this CONTRACTED. O " SOFTWARE LICENSE AGREEMENT" also includes any CONTRACTED's policies or documents mentioned in this document, including the CONTRACTED's privacy policy at our portal. From time to time, the CONTRACTED may modify these software terms of use, as well as the binding CONTRACT between the CONTRACTOR and the CONTRACTED, including any referenced policies and other documents. Any modified version will be effective at the time it is posted. To stay informed about your license rights and relevant restrictions, please add this Agreement and read it periodically. By using any Service or Software after any modifications, End User agrees to all modifications.
THIS PROVIDER, CONTRACTED, THIS SOLUTION : These are terms that designate Infocapta - Auditoria Móvel, an integrated Audit and Checklist software solution from the company Summer Soft Ltda. When referring to these terms as an active or passive agent, read SUMMER SOFT LTDA.
ADMINISTRATOR : the natural person (or persons) appointed by the End
User who has obtained accreditation to admit End Users to the Service and to
issue Means of Authentication.
CONTRACTOR : Legally constituted person, whether physical or legal, who
signed a CONTRACT WITH THE CONTRACTED.
CONTRACT : CONTRACT signed between the CONTRACTED PARTY AND THE
CONTRACTOR.
End user : the natural person who uses the service and software. Among other things, End Users may be employees, customers,
representatives, contractors, consultants or agents of the CONTRACTOR.
Solution : is the set of software, components (third party or not),
databases, file servers, services and connections that allow the operation and
provision of the services described in the CONTRACT.
Licensee : the party that has a contract with the CONTRACTED.
Feedback : any feedback, comments, suggestions or materials that
Licensee or End User may provide to CONTRACTED about or in connection with the
Service and Software, including any ideas, concepts, know-how or techniques
contained therein.
IP Rights : all intellectual property rights such as but not limited
to copyright, database rights, trademark rights, know-how, patent rights.
Means of Authentication : data and/or means (or the combination thereof) used by
the End User and the End User to verify their identity on the Service, for
example the username and password combination.
Data Package : These are the data package variants of the Service and
Software that the End User has chosen and must pay for and that have more
advanced or limited functionalities depending on such packages.
Registration : a form that has been completed by a Licensee or an End
User and is sent and received by the CONTRACTED using the Software.
Service : making and maintaining the Software available via the
internet to the Licensee and its End Users.
Software : any software product developed by the CONTRACTED that
Licensee requests from the CONTRACTED, including Updates and/or Updates and
user documentation.
Update : an improved version of the Software (e.g. version 0.1 to
0.2) in which a possible error has been resolved.
Upgrade : a new version of the Software, which contains a change
in functionality or new functions (e.g. version 1.0 to 2.0) of the Software.
Franchise : A Data Package as set out in item 1.16.
(Data Package) and which the Licensee may consume using the credits previously
acquired.
Integrator : Third-party technology company that provides services to the CONTRACTED to enable the Solution.
2.1. The End User is solely responsible for the use of the
Service and the Software by itself and its End Users and the information and/or
data stored and/or processed by itself and its End Users. This means that THIS
SOLUTION is not obliged to operate, change or delete data that the End User
maintains in the solution's database.
2.2. End User is solely responsible that it and its End Users
do not illegally process data while using the Service or act illegally against
third parties in any other way using the Service.
2.3. End User will provide accurate, current and complete
information when registering for THIS SOLUTION and requesting the Service and
agrees to update their information if it changes. This is important because THIS SOLUTION may send notices,
statements and other information to the End User by email or through the End User's account. End User will keep all Authentication Means confidential
and will not share them with third parties. The End User is responsible for all actions performed
through their accounts.
2.4. THIS SOLUTION does not accept any liability related to
information and/or data that is stored and/or altered using the incorrect,
incomplete or illegal Service and/or that is related to changes, additions
and/or any other uses of the information made available by the Service. The End User must indemnify the CONTRACTED against any and
all claims from third parties in relation to the situations mentioned above. End User will reimburse any and all reasonable costs and
damages that THIS SOLUTION should suffer as a result of such claims.
2.4.1 Responsibility
for the information mentioned in item 2.4 is included, subjecting the End User
to the same penalties of compensating THIS SOLUTION and being subject to
immediate suspension of the Service and the Contract, any illegal,
pornographic, of minors or not, confidential from third parties, which may
involve violence, sex, with people or animals, confidential government
documents, from third parties, instructions for the construction of weapons,
explosive, biological, nuclear devices, any type of illicit drugs or compounds
that are illegal or subject to government restrictions and controls or that may
collaborate, in whole or in part, with any act of violence, extortion or
exploitation against people, animals, governments and nations.
2.5. If it becomes known to THIS SOLUTION that any information
that Licensee and/or its sub End Users have stored and/or exchanged using the
Service is illegal, THIS SOLUTION reserves the right to immediately remove such
information or to disable any access to it. THIS SOLUTION cannot be held responsible for any damages
that may result from such actions.
2
.6. The End User does not have the right to make changes to
the Software or parts thereof, without prior written approval from the CONTRACTED. End User does not have the right to reverse engineer or
decompile the Software or portions thereof, except for those circumstances that
are permitted under mandatory copyright law and under the condition that End
User has obtained prior written approval IN THIS SOLUTION to do it. The CONTRACTED has the right to attach conditions to such
approval.
2.7. THIS SOLUTION has the right to verify whether or not the
End User complies with its obligations under this Agreement. In this case, the End User will provide all relevant
documentation and/or information to the CONTRACTED, including those relating to
its sub-End Users.
2.8. All use of the Service and Software must be in accordance
with the CONTRACTED's relevant
documentation and policies , including this Agreement. End User will fully
enforce all obligations of this Agreement on End Users linked to its account.
The End User does not have the right to make any changes to this Agreement
without the CONTRACTED's permission .
2.9. End User is responsible for its own Internet connection
and must use systems and equipment compatible with the Service and Software as
THIS SOLUTION may specify in its published policies. All End User web browsers and other software must support
the Secure protocol Socket Layer (SSL) or other protocols accepted by the CONTRACTED. THIS SOLUTION is not responsible for any End User data
that is lost, altered, intercepted or stored on networks not owned or operated
by the CONTRACTED.
3.1. All IP Rights with respect to the Service and the Software
and all documentation provided by THIS SOLUTION to the End User are the
exclusive property of THIS SOLUTION or its End Users. End User will respect all such IP Rights. The End User will only acquire the usage rights granted in
this Contract
and subject to the terms and conditions set out herein.
3.2. THIS SOLUTION may adopt (additional) technical measures to
protect the Software. The End User is not
authorized to remove or avoid such technical measures.
4.1. The performance of the Agreement will correspond to the
processing of personal data in relation to which the End User and/or its
customers are the controller as defined by the General Data Protection Regulation
(LGPD). The CONTRACTED is in this sense considered a processor
within the meaning of the GDPR.
4
.2. THIS SOLUTION will make efforts to ensure that all processing of personal
data carried out is in accordance with the LGPD.
4.3:
Because we need to maintain the integrity of company account data, we store
records that inform what users have changed in company account records. We also
store user registration within the system.
4.4:
According to the LGPD, the user has the right to have their record deleted from
our systems. Such request must be made in writing and with the approval and
authorization of the administrator of the End User's company account. The End
User of the company account is aware that this operation will prevent changes
to records made by the requesting user from being tracked by anyone who
operates and/or consults the company account data. This operation cannot be
undone.
4.5:
The End User administrator of the company account is solely responsible for any
dispute that this decision may result in as he is the controller of the
contract.
5.1. Except as set forth in Section 5.4 above, each party
agrees that all code, inventions, know-how, business, technical and financial
information obtained ("Receiving Party") from the disclosing party
("Disclosing Party") constitutes the confidential portion. Property
of the Disclosing Party ("Confidential Information"), provided that
it is identified as confidential at the time of disclosure or should reasonably
be known to the Receiving Party as Confidential Information due to the nature
of the information disclosed and the circumstances surrounding the disclosure.
5.2. Any THIS SOLUTION technology and performance information
relating to the Products will be considered THIS SOLUTION Confidential
Information without any additional marking or designation.
5.3. Except as expressly authorized herein, the Receiving Party
will keep confidential and will not use or disclose any Confidential
Information. The Receiving Party's
non-disclosure obligation will not apply to information that the Receiving
Party can document: (i) was rightfully in its possession or known to it prior
to receipt of the Confidential Information; (ii) is or has become publicly
known without fault of the Receiving Party; (iii) is lawfully obtained by the Receiving Party from a
third party without violating any obligation of confidentiality; (iv) is independently developed by employees of the Receiving
Party who did not have access to such information; or (v) is required to be disclosed pursuant to a
regulation, law or court order (but only to the minimum extent required to
comply with such regulation or order and with prior notice to the Disclosing
Party).
5.4. The Receiving Party acknowledges that disclosure of
Confidential Information would cause substantial harm for which damages alone
would not be a sufficient remedy and therefore that upon such disclosure by the
Receiving Party the Disclosing Party shall be entitled to appropriate
justifiable remedies in addition to any other remedies that may be provided by
law.
5.5. For clarity, no Feedback will be considered confidential
information and nothing in this Agreement limits THIS SOLUTION's right to
independently use, develop, evaluate or market products, whether incorporating
Feedback or otherwise.
5.6. The Parties undertake to require their team members and
their subcontractors to observe these confidentiality provisions, as well as to
require the personnel entrusted with the execution of this Agreement to observe
all reasonable (precautionary) measures.
5.7. THIS SOLUTION may identify the End User (by name and/or
logo) as a customer in promotional material. The End User may request that THIS SOLUTION stops
identifying the End User at any time by sending an email to
support@auditoriamovel.com.br. Requests
may take 30 days to process.
6.1. What is a cookie : A cookie
is a small file of letters and numbers that we store in your browser or on your
device's hard drive. Cookies are widely used across the Internet to make
websites or other online services work or to be better or more efficient. They
can do this because websites and other online services can read and write to
the cookies stored on your device, allowing them to recognize you and remember
important information that will make your use more convenient, for example by
remembering your preferences, username or showing pages that you seem to have a
particular interest in.
If you consent to us storing
cookies on your computer or other electronic device, you agree that we can
store and access cookies as described in this policy.
6.2: HOW DO YOU CONSENT TO
US USING COOKIES: As cookies are necessary to correctly identify you in our
systems, we will use cookies whenever strictly necessary, and in this case, you
will be notified, if not, it is a sign that we are not using cookies to store
your information. The choice to consent is yours and it will always be that
way.
When you visit our website,
you will see a pop-up window at the bottom of the screen directing you to this
Cookie Policy and our Privacy Policy and Terms of Use
By clicking or selecting the
“I agree” button that appears in the pop-up , you are demonstrating to us that
you are giving us specific, informed consent for the website to place cookies
on your device for the specified purposes and you are accepting and consenting
to the practices described.
If you do not click or
select the “I Agree” button that appears in the pop-up , we will not place
cookies on your device.
The duration of each cookie
that we may place on your computer can be found in our Retention Policy
If you don't see a pop-up
window at the bottom of the screen, you may have already accepted our Cookie
Policy and our Privacy Policy and Terms of Use. You may also be using a pop-up
blocker or similar tools that may prevent this policy from being brought to
your attention. Please ensure that all pop-up blockers are disabled when using
our website. If you're not sure, scroll to the bottom of this page where we
explain how you can manage your cookies .
6.3: Why we need to use cookies
: Our website uses cookies to distinguish you from other users of our website
and to save and retain certain parameters about you and your use of our
website. This helps us to provide you with a good experience when you browse
our website and also allows us to improve our website. There are two different
categories of cookies that we may use on our website:
Essential cookies : these are
cookies that are essential for the functioning of our website. They include,
for example, cookies that allow you to log in to secure areas of our website.
We also use cookies to prevent fraudulent use of your login credentials . These
cookies are essential to the use of our website and therefore, if disabled,
could seriously affect the use of our website.
Analytical/performance
cookies : Performance cookies allow us to recognize and count the number of
visitors and see how visitors move around our website when they are using it.
Performance cookies allow us to improve the functionality of our websites by
tracking usage; Without them, we will not be able to continually improve the
user experience on the website.
If you would like more
information about cookies and how you can manage the settings on your computer,
you can visit http://www.allaboutcookies.org/manage-cookies/
6.4: Cookies we use: You can
find more information about the individual cookies we use on our website and
the purposes for which we use them as below:
Cookie Purpose and Content
_ ga Analytics Type : performance cookie / Purpose: Used to
distinguish users and sessions when they connect to our website / Content:
Provider of randomly generated numbers/ Google Analytics
_ gid Analytics Type : performance cookie /
Purpose: Used to distinguish users and sessions when visiting the website/
Content: Provider of randomly generated numbers Google Analytics
_gat Analytics Type : Performance cookie / Purpose: Used to
control the request rate. If Google Analytics is deployed through Google Tag
Manager, this cookie will be named _ dc_gtm_property-id / Content: randomly
generated Google Analytics Number Provider
jhix_app . leeloo Type : Essential cookie / Purpose :
Used by our system to distinguish users and sessions when they connect to our
website / Content : Encrypted
Halfmoon Type: functionality / Purpose: Used to
identify your favorite theme for some parts of the website / Content: True or
False
iDisplayLength Type: Functionality / Purpose: Used to store
your preferred number of records in data grids / Content: Numeric
6.5: PROVIDERS:
Google Analytics : The
cookies used by Google Analytics are used to collect information about how you
use our website. We use this information to compile reports and help us improve
our website. The cookie collects information anonymously, including the number
of visitors to our website, where visitors came from and the pages they visited
You can read more about
Google's overview of privacy and protecting your data at
https://support.google.com/analytics/answer/6004245
Third parties: Please note
that third parties (including, for example, web traffic analysis services such
as Google Analytics ) may also use cookies , over which we have no control.
6.6: HOW CAN I CONTROL
COOKIES?
You can block cookies by
activating the setting on your browser that allows you to refuse the setting of
all or some cookies . However, if you use your browser settings to block all
cookies (including essential cookies ) you may not be able to access all or
part of our site. You can also delete any cookies stored on your computer at
any time.
You can find out more about
changing the cookie settings on your computer by visiting
http://www.allaboutcookies.org/manage-cookies/
6.7: HOW LONG IS COOKIE
INFORMATION STORED?
cookies may be stored for
different periods of time. In many cases, these cookies are automatically
updated each time you visit our website or may expire and be deleted by your
computer automatically. It is important to understand that when a cookie is
placed on your computer, it will remain on your hard drive until it expires and
is deleted, or it may reside on your hard drive until you manually delete it -
this depends entirely on your individual browser settings and not we have
control over this.
The duration of each cookie
that we may place on your computer is as follows:
jhix_app . leeloo : during
the time you are browsing the site.
IDisplaylenght : for one
year.
Halfmoon : for a year.
Remember that you can delete
or change the way you store cookies on your computer at any time.
6.8: CHANGES TO OUR COOKIE
POLICY:
Cookie Policy if necessary
for legal reasons or to reflect changes to our services or the purposes for
which we use cookies . In any case, the provisions of this Cookies Policy may
be changed without prejudice to your rights. When we change our Cookie Policy,
we will make the updated Cookie Policy available on our website and will also
update the “Last Updated” date at the top of this page.
Any changes to our Cookie
Policy will come into effect 30 days after publication on our website. During
this time, you can contact us if you have questions about the changes. If you
have an account on our website, we may reset your login and seek new consent if
there is a change in the purpose for which we may use cookies .
And, as they are in full agreement with the terms and
conditions described in the SOFTWARE TERMS OF USE, the End User checks the
"I Accept" box.