Effective from January 17, 2020, at 09:19
This instrument contains the General Terms of Service for the use of the “Duuca” Website as well as establishing a Software Use as a Service - SaaS License Term and is signed between Duuca and the contractor (“USER” or “CLIENT”), which fully agrees and adheres to these terms and conditions of use.
Besides, this instrument aims to provide information on how to use the software and its tools, conditions, nomenclatures, rights, and duties.
THE SERVICE, USE, ACCESS, AND REGISTRATION ON THE WEBSITE
This website is operated by Duuca. Throughout the site, the terms "We", "Us" and "Our" refer to Duuca. “You”, “Yours”, “Yours”, “User” or “Customer” means the party making use of the Websites and / or the Services. Through the website, Duuca offers you access to data, information regarding the platform. Duuca provides this Website, including all information, tools, and services available from this platform to you, the user, on condition that you accept all the terms, conditions, policies and notices stated here.
By registering, accessing and using the Websites in any way, including browsing, viewing, downloading, generating, receiving and transmitting any data, information or messages to or from the Websites, You express Your express agreement, on Your behalf and behalf of Your company or behalf of Your employer to these General Terms of Service, as periodically updated, whether You are a registered user of the Services or not, so You undertake to respect and comply with all the provisions contained herein, as well as the provisions of the legal notices that regulate the use of the Websites and Services.
The service consists of solutions that are detailed on the website.
The service provided by the software consists of but is not limited to, a tool for the management of company knowledge. The objective is to revoke, in a revocable, non-exclusive, and non-transferable way, the use of the “Duuca” software through the internet, in the Software as a Service (SaaS) modality, including the software hosting services and database.
To access the Website and use the Services, You must maintain and operate the necessary software and hardware. You are solely and exclusively responsible for purchasing, installing, and maintaining any software and hardware necessary to access the Website and use the Services. We are not responsible for any technical difficulties you experience as a result of using this software and hardware.
The System will be made available to You through remote server access to Our server, which must comply with all terms and conditions set out in this document.
Duuca may request that You register to use the Free Services and / or request that You register before using any free part of the Service.
By registering, You agree to provide true, correct, updated and complete information (the “Registration Data”) as requested in the registration format made available to You through the Websites, under penalty of liability under the terms of the applicable legislation in force.
VALUES, PROMOTIONS AND TEST PERIODS
Duuca may offer trial periods, discounts, free access, or promotional packages at any time, for purely commercial reasons and at its sole discretion. Promotions and tests will not be cumulative and may be limited to certain services, periods, and acceptance of special conditions.
The conditions for the validity of promotions and tests will be conveyed by their means of dissemination and Duuca recommends careful reading by the user. Likewise, Duuca may unilaterally interrupt, cancel or modify promotions and tests.
After the testing period, the user's data entered in the tool are deleted, leaving only the usage data.
EXCLUSION OF DAMAGES
Duuca is not responsible for damages and losses of any kind caused by third parties who may have access to the system from the access or Your profile. Nor will Duuca be held responsible for access, interception, elimination, alteration, modification or manipulation of the files owned by the contractor, when arising from access by unauthorized third parties in a physical or virtual environment external to Duuca.
OBLIGATIONS OF THE PARTIES
Duuca's obligations are:
(i) perform the services in the manner contracted by the user, be responsible for the operation of the software, for any corrections that may be necessary and provide access to support services to answer questions regarding the use of the software;
(ii) communicate any changes to the services to users;
(iii) making changes to the software, resulting from a legal order, at no cost to the customer and following the software update policy;
(iv) maintain absolute secrecy about operations, data, materials, details, information, documents, technical or commercial specifications, technological and commercial innovations and improvements provided by the client when using the software;
(vi) not to use, commercialize, reproduce the information and documents mentioned in item “v” or inform third parties;
The user's obligations are:
(i) use the software according to the usage criteria defined by Duuca, without changing its programming, breaking passwords or performing procedures that may cause harm to other users or the company;
(ii) take responsibility for the content of the information and documents you enter in the software since that information is only stored on Duuca's servers;
(iii) make payments of amounts due, within the terms and contracted forms;
(iv) inform Duuca about any changes in the specifications of the services to be carried out.
The Websites, the Services, their structures, and all the functionalities contained therein, all the information, data, texts, images, and graphics and all the components used in the Websites are protected by intellectual property rights. You acknowledge that Duuca holds all rights, titles, and interests concerning the Website and that You will not, through the use of the Website, acquire any ownership rights therein.
We are the owner of all data arising from Our operation of the Websites and You must not object to any use of such data by Us.
Licenses for the use of Our Websites are granted in a non-exclusive, non-transferable, non-sublicensable manner, are revocable at any time concerning any Content provided to You for the exclusive use in the processing of internal systems. Duuca does not grant any other license or authorization regarding your industrial and intellectual property rights or any other property or right related to the Services and / or the Websites. Duuca reserves all and any right over its trademarks, copyrights, and other intellectual property rights, available on Our Websites, being forbidden to use them without Our express authorization, under penalty of a configuration of civil and criminal offenses.
LIMITATION OF LIABILITY
Duuca engages its best efforts to inform, serve, and protect the user. However, the user is solely responsible for the use of the software and the information, passwords, content, and documents entered.
In no event will Duuca or its representatives be held responsible for:
(i) damages that the user may experience due to the actions of third parties, failures in the server, in the network connection, malicious interactions such as viruses, hardware failures, lack of power and unavailability in the operational environment (equipment);
(ii) losses that the user may have on internet sites accessible through links included in the software;
(iii) damages and losses that the user may experience as a result of misuse of the software in breach of these General Terms of Service, Privacy Policies, the law, customs or public order;
It is clarified that this service does not establish any employment, corporate or associative bond between the parties, with each party remaining solely responsible for all their respective expenses and charges, whether of labor, social security, tax, insurance, civil, criminal, or other nature. any other nature or species.
TOOL AVAILABILITY AND GUARANTEES
Despite Duuca's constant dedication to providing accurate, updated, correct and complete information, the Duuca Service and Content are offered "as is" and "as available", without offering any explicit or implicit warranty, which may contain technical errors, inconsistencies or typographical errors. The purpose of the service provided is informative, the content of the platform does not constitute advice, nor does it generate any right or expectation of rights between the user, Duuca and / or third parties.
The software is made available on the Internet, not including the following guarantees:
(i) suitability of the software for a specific purpose requested by the customer;
(ii) no defects, errors or failures;
(iii) correction of problems, damages or losses caused by decisions made by the user based on information provided by the tool, as well as defects or errors resulting from the client's negligence, imprudence or malpractice;
(iv) problems arising from unforeseeable circumstances or force majeure;
(v) the user is solely responsible for the damages caused to himself and third parties, related to the use of the Duuca Service.
(vi) Duuca is not responsible for any difficulties in accessing services caused by third parties, such as, for example, and not only, internet service providers, electricity concessionaires, etc.
(vii) Duuca does not guarantee that the platform is free of viruses and other forms of malware, nor the continuous and uninterrupted provision of the service. Any interruptions scheduled to update the system will be previously communicated through a prominent notification on the platform, and will preferably occur outside business hours, understood here as the period from 9 am to 6 pm, from Monday to Friday.
(viii) Duuca is not responsible for third party content, including advertising, linked on the platform.
Duuca reserves the right to modify the software, as well as the configuration, presentation, content, features, tools, or any other element, including its cancellation.
PERSONAL DATA, PRIVACY AND SECURITY
The obligations and responsibilities of the parties incurred before the termination date must continue after termination of this agreement for all purposes.
These General Terms of Service are effective unless terminated by You or Us. You can terminate these General Terms of Service at any time by notifying us that you no longer wish to use Our Services, or when you stop using o Our website.
If at Our sole discretion you fail to comply with any term or provision of these General Terms of Service, We may also terminate this agreement at any time without notice and you will be responsible for all amounts due up to the date of termination; we may also deny you access to Our Services (or any part of them).
INTEGRAL AGREEMENT AND INTERPRETATION
If we do not exercise or enforce any right or provision in these General Terms of Service, this will not constitute a waiver of such right or provision.
The parties declare that they will act in good faith, and that, silent on the Contract, the legal relationship between the parties will be governed by the Civil Code (Law 10.406 / 2002).
CHANGES TO THE GENERAL TERMS OF SERVICE
You can review the most current version of the General Terms of Service at any time on this page.
We reserve the right, at Our discretion, to update, modify, or replace any part of these General Terms of Service when posting updates and changes to Our Website. It is your responsibility to check Our Website periodically. Your continued use of or access to Our Website or the Service after posting any changes to these General Terms of Service constitutes acceptance of those changes.
To resolve any doubts regarding this document, the District Court of Curitiba is elected.
Questions about the General Terms of Service should be sent to Us at [email protected]