Last revision date
February 14, 2024
Presentation, Definitions and Acceptance of Terms
1. These general terms and conditions of use ("Terms of Use") govern the use of services available on the website http://www.mannesoft.com.br/ ("MANNESOFT") offered by the company MANNESOFT – INFORMÁTICA LTDA, a private legal entity, registered under CNPJ no. 72.112.733/0001-29, headquartered at Rua Dicesar Plaisant, 25 – Jardim Social – CEP 82520-360, in the City of Curitiba, State of Paraná, hereinafter referred to as "CONTRACTOR" and applies to all individuals and legal entities, hereinafter referred to as "CONTRACTORS".
2. These terms of use apply only to the present Website; the acquisition of products and/or services from the CONTRACTOR will necessarily imply additional terms and conditions.
3. Navigation and public consultation of this Website are subject to these Terms and also to the Security Policy, as well as to all notices, usage regulations, instructions, policies and/or any other regulation edited and duly published on the Site, at any time.
4. These terms are valid for any information, texts, images and other materials and/or works, that is, any contents that are inserted (upload), downloaded (download) or linked to the CONTRACTOR.
5. The objective is to bring transparency and security to the legal relationship established from the moment the CONTRACTOR uses the CONTRACTOR's Website. As a general condition of use, the CONTRACTOR agrees with this Terms of Use, in accordance with the principle of Good Faith, established by article 422 of the Brazilian Civil Code, transcribed: "Art. 422. The contractors are obliged to keep, both in the conclusion of the contract, as in its execution, the principles of probity and good faith".
6. Access and/or use of this Website implies full and unconditional acceptance of the conditions of this contract. Even if signed electronically, this Terms of Use constitutes a Contract with full legal validity and effectiveness, in accordance with Brazilian civil legislation, and, in particular, is authorized by article 425 of the current Civil Code (Law 10.046/2002), which says: "Art. 425. It is lawful for the parties to stipulate atypical contracts, observing the general norms fixed in this Code".
7. The CONTRACTOR may change the Terms and Conditions at any time, by publishing the new version of the Terms and Conditions on the website http://www.mannesoft.com.br/. The new terms and conditions will enter into force immediately after their publication and the CONTRACTOR will be automatically bound to it. If you disagree with any condition, you should contact the CONTRACTOR for possible negotiation or immediately cease using the Website.
8. The CONTRACTOR will not be obliged to make telephone contact with the CONTRACTOR, and the latter will be responsible for being able to read and understand the instructions expressed on the Website.
Website Support
9. The CONTRACTOR will provide basic support regarding the Website, which implies clarifying doubts regarding the information provided. Thus, the necessary knowledge in computing on the part of Users is presumed, which includes the use of computers, browsers, smartphones and their functions.
10. The following are not included in support services:
10.1. Specific guidelines on the area of knowledge to which the Software refers, such as: internal procedures, documentation flow, way of working, calculations, legislation, taxation, rates, taxes, rules, norms or any other matter not strictly related to system functionalities.
10.2. Guidelines and technical services on computing, such as installation and configuration of equipment, operating systems, technical infrastructure problems, printers, network, internet, problems arising from viruses or the installation of application programs and others.
10.3. If the CONTRACTOR's intervention is necessary in any of the aforementioned cases, the services will be charged to the CONTRACTOR upon prior quotation.
Prohibited Practices
11. The CONTRACTOR may not use the Website or the CONTRACTOR's services to violate copyright, violate trademark or destroy the property or intellectual information of third parties.
12. The use of the Website or CONTRACTOR's services for the creation or sending of viruses on the Internet, worms or Trojan horses, or the practice of denial of service attacks (Deny of Service) is prohibited.
13. "Hacking" and its related activities are prohibited. "Hacking" includes, but is not limited to, the following activities: illegally or without authorization accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, secret scans, and other activities intended for hacking.
14. The use of the Website or the CONTRACTOR's services to store, publish, display, transmit, sell, advertise or make child pornography available is prohibited. The CONTRACTOR will notify the authorities if it detects the presence of child pornography through the services provided.
15. This list of prohibitions provides examples of prohibited conduct, but is not intended to be a complete or exhaustive list of all prohibitions.
Limitation of Liability
16. In accordance with applicable legislation, the CONTRACTOR company will not be obliged to refund and/or compensate for any losses and damages caused by the CONTRACTOR to third parties, as well as specific losses and damages suffered by the CONTRACTOR, as a result of acts of third parties.
17. This instrument does not generate a partnership contract, mandate, franchise or employment relationship between the CONTRACTOR company and any CONTRACTOR.
18. In no case will the CONTRACTOR company be responsible for lost profits or any other damage and/or loss resulting from the CONTRACTOR's conduct.
19. The CONTRACTOR is not responsible for any damage, loss or loss suffered by the CONTRACTOR due to internet failures, viruses in the system or server resulting from third-party conduct, force majeure or force majeure. The CONTRACTOR does not guarantee that the Website will be available uninterruptedly, that it will always be free of errors, and therefore cannot be held responsible for damages caused to CONTRACTORS due to any interruption in operation.
20. Although the CONTRACTOR uses good information security practices and pursues perfection and excellence in the services it provides, it cannot guarantee: a) inviolability of information, b) that it is interruption-proof, inviolable or error-proof.
21. Under no circumstances will the CONTRACTOR, its administrators or employees be responsible for any direct or indirect damages, special, incidental or consequential, losses or expenses arising from internet connection failure and/or in relation to any performance failure, error, omission, interruption, defect or delay in operation or transmission, virus or Website failure, exempting the CONTRACTOR from any damages, losses or expenses.
22. The CONTRACTOR is not responsible, expressly or tacitly, for the misuse of the information made available, for any purposes whatsoever, by any user, and the CONTRACTOR is fully responsible for any injuries to their own rights or those of third parties, caused or not by this improper use.
23. The CONTRACTOR understands and expressly accepts that the CONTRACTOR assumes no responsibility resulting from misuse or inability of Users with the Website.
Intellectual Property
24. All rights relating to the Website, as well as its functionalities, are owned by the CONTRACTOR, including with regard to all intellectual property rights related to its texts, images, graphics, trademarks, layouts, codes and databases. The improper use of any contents or trademarks presented on this Website is expressly prohibited, except with prior authorization.
25. The CONTRACTOR actively enforces its intellectual property rights to the full extent of the law. The names or logos of MANNESOFT cannot be used in any way, including advertisements, "link" to the Website, or advertising related to the distribution of material on this Website, without prior written permission.
26. The trademarks, service marks and logos used and displayed on this Website are registered or unregistered trademarks of the CONTRACTOR and others. Nothing on this site shall be construed as granting, by implication, by exclusion or in any other way, any license or right to use any Trademark displayed on this Site, without the written permission of the owner of the Trademark rights.
27. Intellectual Property Rights are protected by copyright and industrial property laws. It is prohibited to use, copy, reproduce, modify, translate, publish, transmit, distribute, perform, upload, display, license, sell or exploit the Intellectual Property Rights for any purpose. No copy, distribution, reverse engineering, display of this Website and/or Intellectual Property Rights should be understood as restriction or waiver of the CONTRACTOR's intellectual property rights.
Security Policy
28. The CONTRACTOR is based on the best market practices regarding information security, and thus this Security Policy aims to provide information on the collection, use, storage, protection and rights of the CONTRACTOR in relation to their data.
29. The User authorizes and agrees that all information voluntarily transmitted or sent by him may be used by the CONTRACTOR or its associates and affiliates for any purpose, including – but not limited to – reproduction, display, transmission, publication, broadcasting and e-mails.
30. The information provided will be used with the objective of offering better and better content and services, among many, access metrics and E-mail Marketing.
31. This Website offers content linked to the CONTRACTOR's products and services, and thus the CONTRACTOR can access the Website without the need to provide registration or personal data.
32. The minimum retention time for activity records on this Website is 6 (six) months, in accordance with article 15 of the Civil Rights Framework for the Internet, Law 12.965/14.
33. Considering that no security system is absolutely secure, the CONTRACTOR exempts itself from any responsibilities for eventual damages and/or losses resulting from failures, viruses or invasions of the Website database, except in cases where it has intent or fault.
LGPD/Privacy
a. DPO/OFFICER: "In compliance with the General Data Protection Law (Law 13.709/18), we make available on our website a specific section dedicated to LGPD, where you will find our communication channel for information. [email protected] Responsible DPO: Lopes e Santos Sociedade de Advogados. This email is exclusively designated for communications related to LGPD".
b. STATEMENT: Mannesoft is committed to implementing and monitoring its information security and privacy controls to ensure the confidentiality, integrity, availability of all information assets meeting the legislation, regulations and contractual requirements of its customers, employees, and external interested parties always seeking continuous improvement of its products, processes and services.
c. LINKS: Insertion of direct links to the Privacy Policy and the Information Security Policy.
General Provisions
34. This Terms of Use and Security Policy is governed by the current Laws of the Federative Republic of Brazil, in the Portuguese language, therefore, it must be interpreted according to Brazilian Legislation.
35. The forum of the district of Curitiba (PR) is elected to resolve controversies or doubts arising from the use of our site or related to these Terms of Use and Security Policy, with the exclusion of any other, however privileged it may be.
36. The non-exercise, by any of the parties, of their rights or prerogatives, will always constitute mere liberality, not constituting a precedent for future non-compliances, nor alteration or extinction of contractually assumed obligations, and may be exercised at any time, when convenient for its holder, including for the demand of overdue and unfulfilled obligations.
37. The provisions of this Terms of Use and Security Policy may be updated or modified at any time, and it is up to users to check them whenever they access the Website.
