JVBTI SOLUCOES DIGITAIS LTDA is a company provider of services in Information Technology Solutions, enrolled in Brazil National Registry of Legal Entities under n.º 03.418.240/0001-07, headquartered at 126 Getúlio Vargas Avenue, Room n.º 71, Baeta Neves, São Bernardo do Campo/SP, Zip code 09751-250 and website www.jvbti.com.br, ("JVBti").
These Terms and Conditions set forth thegeneral conditions applicable to the use of "Piece of Cake", an application developed and maintained by JVBti for the Zendesk platform ("Application").
We hope that by continuing to access the JVBti website, you are fully aware of and agree to all of these documents. If you do not agree with the conditions presented in these documents, you may refrain from using the Application.
1. PRELIMINARY PROVISIONS
1.1. Service to Users of the Application may be carried out through the service channels available on JVBti's website.
1.2. JVBti reserves the right to make updates and adjustments to the Terms and Conditions at any time in order to reflect the current practices of the company, as well as for adequacy and legal compliance of the provision of law or regulation that has equivalent legal force. At the end of this document, the date of its most recent update will be informed.
1.3. By installing the Application and using its features, the User agrees to be guided by the Terms and other documents in effect on the access date.
1.4. Tolerance regarding non-compliance with any obligation will not mean waiver of the right to demand, at any time, the fulfillment of the non-fulfilled obligation, nor should it be interpreted as forgiveness or tacit amendment of what was contracted in this Term
1.5. If any term, commitment, condition or provision of this Term is determined to be illegal, invalid or unenforceable, by reason of Law or for any other reason, the remaining terms, commitments, conditions or provisions of these documents shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or its suppression.
1.6. The use of the Application is intended for adults, individuals over 18 (eighteen) years of age, fully capable, in accordance with the Brazilian Civil Code, and is not intended, therefore, for individuals between 0 (zero) and 18 (eighteen) incomplete years. If the User does not comply with the requirements, the User shall not proceed with the installation of the Application without the presence of a legal guardian, under penalty of being characterized as bad faith.
2. REGISTRATION AND ACCESS
2.1. In order to install and use the Application tools, the User needs an active Sunshine Conversations license and access accounts to the Zendesk and Stripe platforms, the latter being necessary to pay for the purchase of the Application use.
2.2. The login and password information is personal and non-transferable and the User is solely responsible for preserving the secrecy of such information, which shall not be shared with any third party, for any reason.
2.3. The User shall be solely responsible for the veracity, accuracy and completeness of the information provided during these registrations and use of the Application, as well as for updating the registration data, whenever necessary.
2.4. If any information provided by the User is inaccurate or incomplete, it may delay, prevent, or interrupt the User’s access to the Application.
2.5. The Parties are aware and agree that the User's access to the Application may be suspended if any lack of payment by the User is found.
2.6. Under no circumstances will be allowed the assignment, sale, rental or other form of transfer of the account or token for installation on another platform other than Zendesk. It will also not be allowed the maintenance of more than one registration by the same person, or the creation of new registrations by people whose original registrations have been canceled due violations of any JVBti rules.
2.7. In order to access the Application securely protected and fully utilize its functionalities, it is the User's responsibility to have compatible devices and equipment, internet connection service, computer programs and browsers duly updated, in addition to the adiption of minimum security measures.
2.8. JVBti makes the Application available in full time for use. However, it is possible that,eventually, the temporary unavailability due to necessary maintenance or even generated by force majeure, such as: natural disasters, failures or collapses in central communication systems and internet access or third-party events that are beyond the scope of their surveillance and responsibility.
2.8.1. If any such event occurs, JVBti will use its best efforts to restore access to the Application as soon as possible, within the technical limitations of its services and those of third parties upon which the Application depends on to function.
3. PRICES AND PAYMENT
3.1. The price for using the Application is described on its Zendesk Marketplace page and is paid through the Stripe platform.
3.2. The payment receipt is issued shortly after confirmation of payment by the Stripe platform.
3.3. JVBti reserves the right to unilaterally readjust, at any time, the price of the Application without consultation or prior consent of the User, being hereby authorized the application of correction by the IGP-M/FGV or IPCA/IGBE index, every period of 12 (twelve) months.
3.4. Non-payment of amounts due will cause immediate suspension of the User's access to the Application.
4. USERS' RESPONSIBILITIES AND OBLIGATIONS
4.1. The User agrees to use the Application ethically, complying with the purposes described on its page on the Zendesk Marketplace, always respecting the conditions that govern its use and purpose.
4.2. When applicable, the User undertakes to provide correct, complete and updated personal data so that the Application can function correctly.
4.3. By using the Application, the User declares that it will respect all the Intellectual Property Rights of JVBti, which are protected by the Brazilian legal system, especially by Laws 9.609/1998, 9.610/1998 and 9.279/1996. Therefore, is forbidden to the User: (i) peform reverse engineer, decompile, disassemble, modify, or create derivative works based on the Application; (ii) copy, modify, duplicate, create derivative works from, republish or distribute the Application; (iii) remove or disassemble any proprietary legend relating to the Application; (iv) sell, rent, sublicense or lease any part of the application, and violators are subject to civil and criminal penalties accordingly.
4.4. Being the User a legal entity, it authorizes the publication of its name and logo on the website of JVBti for the sole purpose of advertising or publicity, institutional or service purposes, as a client company of JVBti.
4.5. The User undertakes to reimburse the JVBti of all convictions and damages that suffer whose origin is from acts proven to have been committed by him, assuming the procedure of legal or administrative action and requesting the exclusion of the company, and must fully bear the costs and procedural costs involved, leaving it free of losses and burdens.
5. DISCLAIMERS AND LIMITATIONS OF LIABILITY
5.1. JVBti is not responsible for any problems, bugs, glitches or malfunctions that occur in the devices and equipment of Users and are the result of regular use of the Application.
5.2. JVBti does not guarantee and is not responsible for the full and uninterrupted availability of the Application, and has no influence over, and is not responsible for, any failures in the traffic of these data and access to the Application due to failures in the world wide web or the network and telecommunications services provided by internet service providers.
5.3. JVBti is not responsible for any direct or indirect damage caused by third party events, such as hacker attack, system failure, server or internet connection, including the actions of malicious computer programs such as viruses, Trojan horses and others that may, somehow, damage the Users' equipment or connection as a result of accessing, using or browsing the Application, as well as the transfer of data, files, images, texts, audios or videos contained therein.
5.5. JVBti does not verify, control, approve or guarantee the adequacy or accuracy of the information or data made available on the Zendesk and Stripe platforms, and is therefore not responsible for losses or damages incurred by visiting such platforms, and it is up to the interested party to verify the reliability of the information and data displayed there before making any decision or performing any act.
6. CONTRACT PERIOD AND TERMINATION
7.1. User information collected by JVBti will be kept confidential, observing market practices for protecting data collected from Users.
7.2. JVBti, in accordance with applicable law, adopts security, technical and administrative measures capable of protecting Users' personal data from unauthorized access and accidental or illegal situations of destruction, loss, alteration, communication or any form of inadequate treatment or illicit.
7.3. The registration, installation and payment for use of the Application requires the sharing of Users' personal data with third parties - Zendesk and Stripe.
7.3.1. In order to register, install and pay for the use of the Application, it is necessary to share the Users' personal data with third parties - Zendesk and Stripe.
7.4. JVBti will take all possible measures to maintain the confidentiality and security described in this clause. However, it will not be liable for damages that may be derived from the violation of these measures by third parties using public networks or the Internet, subverting the security systems to access the User information.
7.5. The User may make requests aimed at fulfilling their rights as holder of personal data, under the terms of the Law, directly through JVBti's service channels.
8. LEGISLATION AND JURISDICTION
Document last updated on January 30th, 2023.