Terms of Use

uSign

v2-310822

This document ("Terms of Use") presents the general terms and conditions applicable to the use of the uSign technology platform ("uSign"), owned by the company JBTEC DIGITAL SIGNAGE LTDA, headquartered at Wework da Rua Purpurina, 400 - CEP 05433-000 , São Paulo - SP, registered in the CNPJ/MF under No. 04.552.803/0001-00 ("JBtec").

Companies interested in hiring the tools and services of uSign ("Contractor" or "User") will need to register with uSign (https://fusion.uSign.io). This will require full and unqualified acceptance of the agreement that will govern your use of uSign, the contracted services and the contractual relationship between the parties ("Agreement").

The Agreement is composed of: (i) this Term of Use(ii) the JBtec's Privacy Policy(iii) the uSign's Technical Recommendations disclosed, from time to time, in the platform documentation; and (iv) by the Commercial Order - which means the commercial proposal issued by JBtec or the electronic form sent by the Contractor through the sites of JBtec websiteswebsites, and approved by you atcontaining the commercial conditions expressly agreed upon between the Contractor and JBtec, notably, scope of the contracted services, price, payment conditions and term of validity. Additional terms may be issued and disclosed by JBtec to address specific conditions of a particular event, activity or service in particular that will be offered and will be complementary to this Terms of Useintegrating the Contract.

A uSign is a digital platform for the development of programming code; for integration, automation and data management; and for communication and marketing through digital displays and social networks; allowing the User(i) create business applications on the web; (ii) capture and orchestrate their data, managing it in a centralized and synchronized manner, according to commercial rules and business strategy defined by the User(iii) connect and integrate their different applications, by connecting systems and devices; (iv) automate repetitive tasks and processes, by implementing electronic workflows; and (v) create multimedia communication channels.

THE ACCEPTANCE OF THE CONTRACT BY THE CONTRACTING PARTY IS ABSOLUTELY INDISPENSABLE FOR THE USE OF uSign AND THE SERVICES AND TOOLS IT PROVIDES.

1.0. Registration and use of uSign

1.1 Access to uSign and the use, by the Userof any tool and service offered, will depend on its prior registration, with full acceptance and without reservation of the Contract ("Registration").

1.2 For the realization of the Registrationthe Contractor's identification data will be requested, which must be filled out in an electronic form available at https://fusion.usign.io. Contractor for the veracity and accuracy of the information provided. After the form is sent, an analysis will be made and the possibility of meeting the applicant's needs will be verified, under the conditions set forth in this Terms of Use. Approved the Registrationwill be forwarded an e-mail by JBtec authorizing the use of uSign and informing the login and initial password for User.

1.3. O Registration and the use of any tool or service offered at uSign shall be made by a person with the legal power to represent and bind Contractorbeing reserved to JBtec the right to, at any time, request documentary evidence of such powers, and the Contractorin this case, provide it promptly under penalty of immediate suspension of access and services until due proof.

1.4. After the Registration and the receipt of the e-mail with the access data, the you will be able to access uSign and use its resources, tools, and services, subject to the provisions of this Terms of Use.

1.5. O you agrees that by using uSignyou will comply with the following rules and obligations:

  1. will not authorize a third party to use your account registered at uSign. uSign for any purpose and will not transfer your account and access data to any other person, keeping your password secure and confidential;
  2. will not use a third party account to access uSign;
  3. will not use uSign incorrectly, inappropriately or in disagreement with uSign's Technical and Security RecommendationsuSign, nor perform any act that may adversely affect the operation of the platform, undermine the credibility of JBtec or, still, cause damage to any user of the platform;
  4. will not copy or distribute any uSign content, program, functionality or application uSign;
  5. will not use uSign to integrate applications and programs of any nature whose use by Contractoris not authorized, legitimate and/or regular in any respect;
  6. will keep its registration data updated;
  7. will provide any proof of identification that JBtec may reasonably request to validate your access;
  8. will observe all applicable laws, including the laws of its country of origin and/or location, during the use of uSign and during all phases of contracting and use of the services provided by it.

    1.5.1 Without prejudice to the provisions of this clause, if
    JBtec has reason to believe that your access data is being misused by third parties, JBtec may, at its discretion and for security reasons, change and/or block the access data, informing you immediately .
    1

    .6. The JBtec reserves the right, still, to suspend the access of theContractor to uSign and its services in the following hypotheses: (i) if it is in default or in arrears in the fulfillment of any of its obligations under the Contract; (ii) practice acts or adopt conduct that affect the safety of the platform and / or any of its users, generating or attracting risks; and (iii) breach of any obligation or rule of conduct of theContract, legal standard or provisions that govern the protection of personal data and intellectual and industrial property rights.

2.0. Hiring a Plan for access to uSign.

2.1. Access to uSign is onerous, upon payment of a monthly fee, according to Subscription Plans available for hiring ("Subscription Plans"). Nevertheless, the JBtec may provide free and limited access to certain Users, either for testing purposes or for use associated with other services contracted by the User with JBtec, and certain that the free use will eventually be limited, both with respect to features available, as with the amount of resources (this plan does not allow additional resource hiring, exceeding the franchise), type of technical support and term of use ("Free Plan").

2.2. O Contractor of any of the Subscription Plans from uSign will be subject to the licensing features linked to the plan (Starter, Standard and Premium), to a limitation of resources: Users, Forms, Devices and Transactions, etc., and to the type of Technical Support the customer will have access to, according to the specifications and limits specified in each Plan. A uSign accounts for all data processing and storage actions performed by the User. Digital Signage devices do not account for transactions while running on a media player. The number of transactions is directly related to the volume of applications ("Apps"), workflows ("Flows") e Publishers that the User has and how often they are run.

2.3 Both the User of Free Plan Plan or a Subscription Plan should be aware that, once the maximum volume of contracted resources is reached in a given monthly cycle, access to uSign and, consequently, the use of Apps, Flows and Publishers, may be discontinued immediately, and the User request, process or move additional data and files until a new monthly cycle is started, unless there is an additional contract or change to a higher plan by the User from Subscription Plan.

2.3.1 All Subscription Plans allow the User the electronic contracting of additional devicesdevices, and you may you canmay also choose to migrate to a Subscription Plan with a higher limit of devices, in which case your migration request will be made in the monthly cycle following the request, provided that it is submitted within 10 days days prior to the closing date of the respective monthly cycle. Additional services offered by JBtec may also be hired by User of Subscription PlansJBtec also be added to the monthly subscription and charged together, as values defined in your contract.

3.0. Use License.

  1. A JBtec grants you a license to use the computer programs or tools that are available on uSignwithout, however, such license amounting to any kind of authorization to translate, decompile, decompose, make derivative works of any computer program made available by JBtec in support of uSign's services. uSign servicesservices, as well as to sublicense, assign or allow the use by third parties. User refrain from such practices, under penalty of being held liable for copyright infringement. The license granted is linked to this Agreement and the observance of Proprietary Rightsand may not be used by the User for any purpose other than the enjoyment of uSign's services and tools. uSign.
  1. The computer programs and tools made available to the User of uSign User are the exclusive property of JBtec and are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
  1. The Users may have access to content of different kinds produced by partners of JBtecwhich may be licensed to Users of the platform, for free or against payment ("uSign Content"), being certain that the license to use the uSign ContentContent, once granted or contracted, will be bound to this Contract and may not be used by the User for any purpose other than the enjoyment of uSign's services and tools. uSign by the Contractor in its communication network, i.e., broadcasting in its channels or visual communication information systems, aimed at employees and clients of Contractor's employees and clients. The publication of uSign Content Content must occur exclusively in displays of the you atin the scope of the services offered by uSignIt is forbidden to use it for other purposes or in other media.
  1. Case User has access to or is licensed to use any uSign Content uSign ContentContent, you agree not to make any changes to the uSign Content Content and respect the copyrights and owners of the respective uSign uSign ContentuSign Content, maintaining the credits and copyright markings of origin in all uSign Content Content that you use and/or post on your communication channels, within the scope of the intelligent and automated data management processes provided by uSign.

4.0 Contractor's Obligations.

4.1. When using uSign and/or the use of the services, you agree not to perform or allow your employees, collaborators, and agents to perform any act that:

  1. has the objective of circumventing the operation of uSign or to identify resources or professionals for independent contracting, outside the platform;
  2. violates any applicable law, any provision of this Agreement or any policy or rule of conduct of JBtec;
  3. is discriminatory in relation to sex, race, creed or religion, or involves, promotes or encourages any form of discrimination or abusive collection from debtors and defaulters; 
  4. is abusive, defamatory, threatening or otherwise offensive; and
  5. violates Proprietary Rights or the duty of professional secrecy, privacy rights, image or any other third party rights under applicable laws.
  1. O you will be the sole and exclusive responsible party:
  1. for the veracity, consistency, security and quality of the information provided or made available on uSign;
  2. for its content, including, but not limited to, any data, images, information, photographs, illustrations, graphics, audio clips, video clips, or text used by you in the course of your activities using the uSign ("User Content"), taking full responsibility for the veracity, quality, integrity, legality, reliability, appropriateness, intellectual property or right of use of all User User Content Content processed and/or used in the enjoyment of uSign's services and uSignuSign's services and tools, and shall keep JBtec exempt and safe from any legal liability to third parties or Public Authorities for the User Content stored, treated, managed, integrated, shared, conveyed and / or processed in uSign; e
  3. for keeping uSign always free and clear of any claim regarding its conduct, the information provided by you, and the information provided by uSign. you and of the acts practiced by it using uSign.

4.3. O Contractor declares to be a company regularly incorporated and enrolled in the CNPJ/MF, being responsible for any and all acts that may be practiced by its representatives, agents, employees and collaborators using the uSignuSign, especially for those in violation of the legislation in force and of this Contract.

5.0. The Monthly Fee payable by the Contractor.

5.1 Because of the use of uSign, o User shall pay monthly to JBtec,

by means of a bank payment slip or credit card, the value foreseen in uSign's plans. uSign plans and agreed upon in the Commercial OrderThe expiration date will occur until the date agreed upon during the contracting process.

5.1.1. if JBtec fails to make the proper collection of Monthly Feethe blocking of access to Subscription Plan linked to Registration of User will be automatically realized and the delay in the payment of the Monthly Payment provided for in the head of this Clause will result in the imposition of a fine of 2% (two percent), in addition to monetary correction and default interest of 1% (one percent) per month, with the option to JBtec the suspension of the current configurations linked to the Registration of User and the reframing of the User as belonging to the free plan until he or she pays the outstanding amounts. A JBtec reserves the right to take the appropriate judicial and extrajudicial measures to receive the amounts due.

5.1.2 Without prejudice to the provisions of the previous paragraph, JBtec may terminate this Agreement by suspending the configurations that do not belong to the free plan of uSignif the Contractor remains in default for more than 07 (seven) days, and JBtec may still, at its sole discretion, and regardless of any notice, communicate such default to the organs of credit protection, which will promote the registration of Contractor in their records (SERASA / SPC).

5.1.3. A Monthly Fee provided in the caput of this clause will be automatically readjusted every 12 (twelve) months, counted from the act of Registrationaccording to the IGP-M or, in its absence, with the index that replaces it, regardless of prior notice to Contractor.

5.2 In case you do not cancel your account at uSign, a Monthly Fee will still be due, even if the configurations are suspended and the User Registration is cancelled. User registration is reframed as belonging to the Free Plan.

5.3 If new taxes are created or if the conditions for calculation and/or collection of existing taxes are changed, which have an impact on the remuneration amounts in effect, the costs resulting from such impact may be passed on to Contractor and added to the remuneration in effect, in order to reestablish the economic-financial balance of the provision of services.

6.0. Warranty and Liability.

6.1 It is also understood that access to uSign may suffer interruptions and unavailability due to technical or operational issues inherent to the Internet technological environment, as well as due to problems with your own Internet connection. Contractorreason for which JBtec not guarantee the uninterrupted availability, not responsible for the consequences resulting from the frustration of the expectations of the Contractor in the case of any interruption in access.

6.2. A JBtec does not guarantee that the service and tools provided in uSign are free of errors or failures, or even that they are compatible with any and all physical or software resources of the Contractor and does not make any other express or implied warranty regarding the availability, accessibility, or performance of the service and/or uSign. uSign or its suitability for your particular purpose youother than as expressly set forth in this Agreement.

6.3. UNDER NO CIRCUMSTANCES WILL JBtec BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF DATA AND INTANGIBLE PROPERTY, WORK STOPPAGE, DISRUPTION, DAMAGE TO OR FAILURE OF HARDWARE OR SOFTWARE, REPAIR COSTS, LOSS OF WORKING TIME OR OTHER PECUNIARY LOSS) ARISING OUT OF: (I) MISUSE, USE IN DISAGREEMENT WITH TECHNICAL AND SECURITY RECOMMENDATIONS uSign OR DUE TO LACK OF SKILL ON THE PART OF CONTRACTOR IN THE USE OF USIGN uSignITS SERVICES AND TOOLS; (II) INCOMPATIBILITY OF uSignITS SERVICES AND TOOLS WITH ANY HARDWARE OR OTHER USAGE INTENDED BY CONTRACTOR(III) PROBLEMS RELATED TO THE QUALITY, CONDITION, INTEGRITY, OR LEGITIMACY OF USER CONTENT(IV) THIRD PARTY CONDUCT, ACT OF GOD OR FORCE MAJEURE, AS DEFINED IN APPLICABLE LAW, OR ANY OTHER EVENT BEYOND THE REASONABLE CONTROL OF JBtecSUCH AS ACCESS, INTERCEPTION, DELETION, ALTERATION, MODIFICATION OR MANIPULATION, BY UNAUTHORIZED THIRD PARTIES, OF THE USER CONTENT AT uSignUSER CONTENT, THROUGH AN ATTACK THAT CANNOT BE PREVENTED BY USIGN'S SECURITY MECHANISMS. uSign security mechanismsS SECURITY MECHANISMS, HIRED ACCORDING TO HIGH MARKET STANDARDS.

6.4 CASE A JBtecAS A RESULT OF THE PROVISION OF THE SERVICE AND/OR THE PRESENT CONTRACTBECOMES RESPONSIBLE FOR ANY DAMAGE AND/OR LOSS INCURRED BY THE CONTRACTOR. CONTRACTORIN THE EVENT THAT THE CONTRACTOR BECOMES LIABLE FOR ANY DAMAGE AND/OR LOSS INCURRED BY THE CONTRACTOR, IT IS HEREBY ESTABLISHED, WITH DIRECT EFFECT ON THE PRICE OF THE SUBSCRIPTION PLANS THE CONTRACTOR, IT IS HEREBY ESTABLISHED THAT THE AMOUNT OF DAMAGES CHARGEABLE TO JBtecTHE CONTRACTOR MAY NOT EXCEED, IN ANY CASE, THE AMOUNT EFFECTIVELY RECEIVED BY IT FROM THE CONTRACTOR, AS A RESULT OF ANY ACT OR OMISSION. CONTRACTOR IN THE 6 (SIX) MONTHS IMMEDIATELY PREVIOUS, BY FORCE OF THE CONTRACT. IN THE CALCULATION OF THIS INDEMNITY, IT WILL NOT BE COMPUTED ANY VALUES REFERRING TO CEASING PROFITS, MORAL DAMAGES, LOSS OF DATA, CLIENTS AND/OR INVOICING, WHICH ARE EXPRESSLY EXCLUDED.

6.4.1. O CONTRACTOR SHALL BE ABSOLUTELY AWARE AND ACKNOWLEDGE THAT THE AMOUNT ESTABLISHED AS CONSIDERATION FOR THE SERVICES AND TOOLS MADE AVAILABLE AT uSignWHICH ARE INCLUDED IN THE SUBSCRIPTION PLANS AVAILABLE TO THE COMPANY, IS DETERMINED BASED ON THE EXCLUSIONS AND LIMITATIONS OF LIABILITY CONTAINED IN THIS TERMS OF USEWHICH ENABLE JBtec TO PROVIDE ACCESS TO uSign WITHIN THE PLANS AND CONDITIONS OFFERED, ESPECIALLY WITH REGARD TO PRICE. FOR THESE REASONS, THE CONTRACTOR AGREES THAT THE EXCLUSIONS AND LIMITATIONS ARE REASONABLE IN ALL RESPECTS.

7. Links and Interactions with Third Parties.

    7.1. While using uSignyou may see third party links and data obtained through connections to third party services not owned or controlled by uSign. uSignfor communication with employees and customers, for disclosure and offer of services and products, or for marketing actions and promotions of third parties, including advertisers. These links and services, once accessed, may redirect you to other websites or applications outside the platform and are beyond the control of uSign. uSign.

    7.2. The sites and applications with which the you may connect via a link or API have their own terms and conditions and privacy policy. A JBtec is not responsible, in any case, for the content or activities of these sites and applications. Your access to Youits agents and employees to these sites and applications will be, therefore, at the sole risk of the You.

    8. Changes at uSign.

      8.1. A JBtec reserves the right to change or replace any policy, tool or content of uSignas well as modify, suspend or discontinue part or all of its services and features at any time, upon notice published on uSign or sent to your registered email address email address.

      9. Term and Termination of the Contract.

        9.1. This Terms of Use has an indefinite term, taking effect on the date of its electronic acceptance. O You may terminate the provision of the Services uSign Services and proceed with the termination procedures set forth herein at any time, upon prior express notice to the other party within thirty (30) days, provided any existing debts (costs, expenses, operating charges) or any damages resulting from injury to third parties due to the misuse of the Services uSign Services Services are paid. However, any cancellation will not result in the refund of any Monthly Fee already due.

        9.2. O Contractor has the right to terminate the Contract with JBtec at any time, by cancelling your account on the platform, following the instructions contained in the uSignwithout prejudice to the full payment of the monthly cycle in which the termination occurs.

        9.3. A JBtec has the right to terminate the Contractat any time with immediate effect (deactivating the use of uSign and its services), if you violates or breaches any of the obligations of the Contract and not remedy its default within 15 (fifteen) days from the electronic notification sent by JBtec to the e-mail address indicated by Contractor in your registration.

        9.4. The termination of the Contractby the Contractor or by JBtecimplies the removal of all data, files and other information contained in the User Content stored on the platform, as well as the removal of all Apps and Flows developed by the User at uSignand everything will be definitively deleted by JBtecwithout any possibility of recovery, for any purpose whatsoever.

        10. Protection of Proprietary Rights.

        10.1. A JBtec, a uSign, its brands, identification signs, business name, domain, technologies, as well as the software and technology platform, and the content disclosed, are the proprietary rights of JBtec and are protected by applicable law ("Proprietary Rights").

        11. Privacy and Data Protection.

          11.1 A JBtec will process and use the data collected under the terms of the Privacy Policy available at uSign. Notwithstanding this, the data of you data collected in connection with this Agreement will be used to:

          1. contact and interact directly with you you at the time of Registration, in order to better understand your operation and type of cargo, as well as to guide in the creation of an access login and password;
          2. send notifications related to the Contractto inform you about future changes and improvements to the platform and to help you resolve problems;
          3. provide the contracted services;
          4. maintain and improve the services to ensure that the platform and services function as expected;
          5. improve services, create functionalities, and develop new facilities and complementary services;
          6. frovide personalized services, including content and advertisements, in order to personalize the services, including to provide recommendations and content;
          7. evaluate platform performance, notably analysis and evaluation to understand how the services are used and how uSign can optimize the platform design;
          8. helping to improve the security and reliability of the services, which includes detecting, preventing and responding to fraud, abuse, security risks and problems that could harm the platform and its Users.

          11.2. O CONTRACTOR EXPRESSLY AUTHORIZES JBtec TO COLLECT, STORE, AND USE INFORMATION FROM YOU. CONTRACTORTHE CONTRACTOR, INCLUDING REGISTRATION DATA (CNPJ AND E-MAIL), FOR ALL PURPOSES OF USE EXPRESSLY SET FORTH IN THIS CONTRACTAND, MORE SPECIFICALLY, TO:

          1. DEVELOP INTERNAL AND STATISTICAL STUDIES ABOUT THE BEHAVIOR OF THE USERSIN ORDER TO BETTER UNDERSTAND THEIR NEEDS AND INTERESTS AND OFFER SERVICES OF uSign AND ITS BUSINESS PARTNERS;
          2. OFFER SERVICES/PRODUCTS AND PERFORM MARKETING ACTIONS uSign AND/OR ITS COMMERCIAL PARTNERS, AS WELL AS TO PROVIDE INFORMATION RELATED TO AND DIRECTED TO THE CONTRACTOR; E
          3. CONDUCT SATISFACTION SURVEYS AND CAMPAIGNS WITH PROMOTIONAL OFFERS FROM USIGN uSign AND/OR ITS COMMERCIAL PARTNERS.

          11.3. A JBtec does not collect, use or disclose any data from the User Content processed, transmitted or stored in uSignunless required to do so by law or court order. A JBtec may, however, access the User Contentin the context of internal investigations of security and integrity, to investigate possible breaches of law and / or security standards of uSignfraud and other violations.

          12.0. Forum.

          12.1. This Term of Use is governed by the laws in effect in Brazil. For all matters relating to its interpretation and compliance, the parties shall submit to the Courts of the District of São Paulo.

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