General Terms and Conditions of Use

This instrument contains the general terms and conditions of use of the SaaS (Software as a Service) services made available by PRODOIST SOLUTIONS, legal entity of private law, headquartered at Avenida Sete de Setembro 5011 - Suite 1101 - 11th Floor, Água Verde district, in the city of Curitiba, state of Paraná, enrolled with the CNPJ under no. 42.818.170/0001-28, hereinafter called PRODOIST.

CONSIDERING THAT THE ACCEPTANCE OF THESE GENERAL TERMS AND CONDITIONS IS ABSOLUTELY INDISPENSABLE FOR THE USE OF THE SOFTWARE.

BY CLICKING ON THE BOX THAT INDICATES YOUR AGREEMENT YOU ARE ACCEPTING THE TERMS, STATING THAT YOU HAVE READ AND AGREE TO THE THE MOST RECENT VERSION OF THE TERMS OF USE OF THE SOFTWARE, AUTOMATICALLY BINDING YOURSELF TO THE RULES CONTAINED HEREIN.

Whereas it is necessary that the User read these Terms of Use, paying attention to all the rules and policies related to it, including its specific rules, restrictions on use, and other procedures or conditions before contracting.

Whereas the present terms of use were initially made available on 09/02/2021 and are registered in the Registry Office of Titles and Documents of the County of Curitiba/PR, under number 612.618, cancelling and replacing any other contracts prior to this one.

Whereas this Agreement comes into force in relation to the User on the date he clicks on the "I Accept" button, this being considered the "effective date" of the contracting.

Whereas the User declares to be aware that the operations that correspond to the acceptance of this Agreement, of certain conditions and options, as well as any termination of this instrument and other changes, will be registered in the SOFTWARE database, along with the date and time in which the User, and such information may be used as evidence by the parties, regardless of the fulfillment of any other formality.

Whereas the SOFTWARE does not provide professional advice related to the legal, financial, accounting, tax or other services or professional consulting, and the User should consult the services of a competent professional when he/she needs this type of assistance.

Whereas, if you are accepting this Agreement on behalf of a third party, you represent and warrant that: (i) you have full legal authority to subject your employer (or such entity) to these terms and conditions; (ii) you have read and understand these (or the entity in question) to these terms and conditions; (ii) has read and understands this Agreement; and (iii) agrees, on behalf of the party you represent, to the terms of this Agreement.

Whereas PRODOIST reserves the right to amend this Agreement at any time and that the amendments shall become effective when disclosed through its website or when informing the User by other means. In these cases, continued use by the User will indicate his agreement to the changes.

By registering, accessing and using the SOFTWARE in any way, including browsing, viewing, downloading, generation, receipt and transmission of any data, information or messages, You expressly agree, on behalf of You and Your company or Your employer, to be bound by these Terms, as updated from time to time, whether or not You are a registered user of the Services, and You agree to comply with and abide by all of the provisions herein, as well as the provisions of the legal notices regulating Your use of the Applications and Services.

1.1. For the purposes of this instrument, all words and expressions listed below shall be understood according to their respective meanings:

1.1.1. USER: It is the individual responsible for managing the registration and use on behalf of the business establishment that wants to manage their data from from the use of the service offered by the SOFTWARE.

1.1.2. SOFTWARE: It is the tool called "PROPERTYDOCS", which allows the USER to manage its regulatory documents, by its own criteria and needs, following the configurations defined by the USER. According to Law no. 9609/98, it is the expression of an organized set of instructions in natural or coded language, contained in a physical support of any nature, of necessary use in automatic information processing machines, devices, instruments or peripheral equipment, based on digital or analog techniques, to make them work in a determined way and for determined purposes. In this Contract, SOFTWARE shall refer to the computer program of PRODOIST property duly licensed.

1.1.3. ACCOUNT INFORMATION: This is information and data relating to employees, the business establishment, including logins, passwords and other information necessary to access, collect, store and process information obtained by the SOFTWARE.

1.1.4. PERSONAL INFORMATION: This is any information made available by the User that identifies him/her or the business establishment he/she represents, such as name, address, telephone number, e-mail address, document number, etc.

1.1.5. INFRASTRUCTURE: This is the storage equipment for the SOFTWARE and the database used by it, including the server and other necessary equipment.

1.1.6. IMPLEMENTATION: Means to train the key user of the contracting business establishment, for the perfect and correct use of the system, using a test database.

1.1.7. QUALIFIED STAFF: These are employees of the contracting business establishment, who have basic notions of IT, know the production process and have received operational training on the SOFTWARE, and are therefore certified by PRODOIST to operate it in the best way to obtain the results results for which the SOFTWARE is intended.

1.1.8. IMPROVEMENTS (UPGRADES): They mean changes to the SOFTWARE that improve its performance and operability or include new functionality.

2.1. The object of this contract is to establish the conditions of use of the PRODOIST SOFTWARE, in a non-exclusive and non-transferable way, as a service, that provides the USER with online management of business information, especially those linked to the management of regulatory documents.

2.1.1. The contracted object does not include, in any way, Internet access and local infrastructure in the user. You shall be solely responsible for obtaining, independently and at your own expense, the equipment, software, and services needed to secure your Internet connection and the SOFTWARE that provides access to the Services.

2.1.2. PRODOIST may include links to third party web pages, content or resources, which are not under PRODOIST's control. Because of this, the User recognizes and expressly agrees that PRODOIST will not have any responsibility for these pages, contents, or resources.

2.2 Any person who intends to use the services of the site must accept these Terms and any other policies made available.

3.1. In order to use the SOFTWARE, it is necessary to make a previous registration, in which the User must inform a valid e-mail address, which will be confirmed by sending an automatic e-mail, as well as other required data.

3.2 The User must be at least eighteen (18) years of age, civil capacity and declare and warrant that the information provided is true and that he/she has read, understood, agreed and is in full agreement with the provisions of this Term.

3.3 The USER declares that he/she is legally responsible and/or has authorization to perform the management of regulatory documents by the SOFTWARE.

3.4 When requested, the User agrees to provide true, correct, updated and complete information (the "Registration Data"), as requested in the registration format made available, under penalty of liability under applicable law.

3.5. PRODOIST will rely on your Registration data to assess your business situation, to provide information about services, or, alternatively, to identify and/or contact you. If the Registration Data is not true and correct, or is incomplete, PRODOIST may terminate the license and all current or future use of the Services, in accordance with the Licensing Licensing Agreement signed between the parties.

3.6. The User will receive a password and account designation upon completing the registration process, such data being personal and non and non-transferable (the "Access Data"). The User is solely responsible for maintaining the confidentiality of such data, as well as for all activities that occur through the use of their Access Data.

3.6.1. In this regard, the User undertakes to:

(i) immediately notify PRODOIST of any unauthorized use of your Access Data or any other breach of security, including, but not limited to, the loss, loss, or theft of your Access Data; and

(ii) logout of your account at the end of each usage session.

(iii) notifying PRODOIST about disconnections of SOFTWARE users.

(iv) keep the SOFTWARE users' data up to date.

3.6.2 PRODOIST will not be responsible for any loss or damage arising from your failure to comply with this section.

4.1. The responsibility for the data made available and the use of the SOFTWARE:

4.1.1 The User is aware that all information and data are entered, produced and made available under its responsibility, without any kind of modification or creation by the SOFTWARE, which does not create, edit, and is not, in any way, responsible for the content of the information and data introduced into the system, as the service provided is restricted to the provision of a software facilitating the management of the USER's data.

4.1.2. You agree that you are responsible for the settings of the SOFTWARE, for your own criteria, interests and needs.

4.3. PRODOIST is not responsible for the existence, quantity, quality, state, integrity or legitimacy of the data, content and information information entered by the USER, as it does not control the use of the data, but guarantees the functioning of the system.

4.4 Under no circumstances will PRODOIST be responsible for lost profit or any other damage and/or loss that the USER may suffer due to the configurations established in the SOFTWARE.

4.5. The responsibility for the services provided is restricted to the provision of regulatory document management software, as well as the provision of support and troubleshooting, if required and in accordance with the Licensing Agreement.

4.6. PRODOIST is not responsible for the installation service of its applications on the USER's mobile devices.

4.7. PRODOIST will not be responsible for any errors and/or faults presented by the SOFTWARE due to problems in computers, mobile devices or the network used by the User, it being certain that, in these cases, the User assumes all responsibility for the error and/or fault presented.

4.8. The USER is responsible for all the activity that occurs in his/her account of access to the services.

4.9. The User is solely responsible for compliance with all laws applicable to its business, including laws and regulations and any licenses or contracts to which it is bound.

4.10. The User warrants that his files are free of any malware, viruses, Trojan horses, spyware, worms, or other harmful or malicious code.

4.11. You agree to: (a) maintain the confidentiality of the password and the Administrator Accounts; (b) designate who is authorized to access the Administrator Accounts; and (c) ensuring that all activities that occur in connection with the Administrator Accounts comply with the rights and duties contained these Terms.

4.12. The User agrees that the issuance of electronic documents is of its entire and exclusive responsibility, as it is made from configurations responsibility of the User, under its sole criteria, interests and needs, being certain that the SOFTWARE does not check the data posted in the system.

4.13. PRODOIST guarantees the User that the software should work regularly, if the conditions of use defined in the documentation are respected. In the occurrence of programming faults ("bugs"), PRODOIST will be obliged to correct such faults, and may at its discretion replace the copy of the faulty with corrected copies.

4.14. PRODOIST undertakes to keep the ACCOUNT INFORMATION, ADMINISTRATIVE INFORMATION and PERSONAL INFORMATION of the User, as well as his access records in confidence, and that such information will be stored in a secure environment, respecting the privacy, private life, honor and image of the User, in accordance with the provisions of Law 12.965/2014 and the Privacy Policy.

4.15. Except in the case of proven willful misconduct, at no time shall PRODOIST be liable for loss or damage of any nature arising as a result of use of the SOFTWARE or any other information, data, or service provided through this Infrastructure. PRODOIST's total and cumulative liability to the User, under no circumstances, will be greater than R$ 1,000 (one thousand reais).

4.16. In no event shall PRODOIST be liable for any indirect damages, of any nature, which may, directly or indirectly, be attributable to the use or the inability to use the SaaS or service provided through the Infrastructure, even if advised of the possibility of such damages or if such damages were foreseeable.

4.17. PRODOIST is not liable to you for any delay or non-execution of the SOFTWARE, or failure to access the Infrastructure, arising from any cause beyond reasonable control.

4.18. You are responsible for all obligations to third parties arising out of your use of the SOFTWARE, including contractual, labor, tax and liabilities.

4.19. PRODOIST does not guarantee that the SOFTWARE will be uninterrupted or error free, that defects will be corrected or that the server on which it is made available or any connected to it is free of viruses or other harmful components.

4.20. PRODOIST is not responsible for:

1. Faulty operation, operation by unauthorized persons, or any other cause for which you are not at fault;

2. Compliance with the User's legal deadlines for submitting tax documents or payments;

3. Damages or losses resulting from administrative, managerial or commercial decisions taken based on the information provided by the SOFTWARE;

4. Problems arising from acts of God or force majeure, under the terms of the law;

5. Possible problems arising from third-party actions, which may interfere with quality;

6. Damages caused to third parties due to the User's fault or malice;

7. Review the ACCOUNT INFORMATION provided by the User, as well as other information obtained by the User or through third party sites, whether with regard to accuracy of the data as to legality, threat of violation, etc.

4.21. You hereby represent that you have the authority to provide the necessary information to the SOFTWARE and agree that you will review and comply with all the Third Party Product and Service terms, will not use the Third Party Services and Products in any manner that infringes or violates the rights of the SOFTWARE or any third party, you shall pay any additional costs that may be charged by the third party for excess data access.

4.22. PRODOIST undertakes to adopt security measures appropriate to the market standard for the protection of User's information. However, the User hereby acknowledges that no system, server or software is absolutely immune to attacks, and the SOFTWARE is not responsible for any deletion unauthorized obtaining, use or disclosure of information resulting from attacks.

4.23. The User expressly represents and warrants that:

1. You will not use the SOFTWARE for illegal purposes;

2. It will not broadcast information about illegal activities and incitement to crime;

3. You will not transmit pornographic material;

4. Will not disclose information regarding software piracy;

5. Will not disclose copyrighted material or confidentiality without the authorization of the owners;

6. You will not impersonate any other person, company, or entity;

7. Will not collect or disclose User data;

8. Will not modify, adapt, reverse engineer the SOFTWARE;

9. You will not send unsolicited messages, recognized as "spam", "junk mail" or chain letters;

10. You will not use the SOFTWARE to send any kind of computer viruses;

11. It will not gain or attempt to gain unauthorized access;

12. It will not interfere with the normal operation of the Infrastructure.

4.24. PRODOIST reserves the right to immediately suspend or block User access to the Infrastructure and to remove any information or data it considers a violation of any of these General Terms considers a violation of any of these General Terms, without prior notice and/or to make such information available when requested by public agencies or judicial order.

4.25. PRODOIST works and will use its best efforts to keep the Infrastructure and Services running, however, all online services are subject to occasional interruptions and downtime.

4.26. PRODOIST undertakes to provide the services object of this contract with the use of qualified personnel and observing the best applicable techniques. However, the USER will be the only party responsible for checking the suitability of the input data and insertion of operational parameters configurable by the user, as well as for controlling the quality and consistency of the output data and materials generated by the use of the SOFTWARE, which they shall always check before using them in any applications that depend critically on the accuracy of the same.

4.27. PRODOIST is responsible before the USER for the observance of the labor, social security, and occupational health and safety norms relative to all the personnel, directly or indirectly, under any modality, to be used to comply with the object of this contract.

4.28. PRODOIST is committed to repeat, at no cost to the USER, any services performed in a deficient manner, as well as to repair any damage resulting from this type of event, once the USER has previously observed all the conditions foreseen in this contract.

4.29. PRODOIST will not be responsible, under no circumstances, for losses or generation of tax, labor or social security liabilities for the business establishment of the USER due to court decisions or legislative changes, municipal, state or union agreements/conventions that may change the parameters of calculation in the of calculation in the SOFTWARE, being responsible only for the changes in federal legislations.

4.30. PRODOIST is not responsible for any actions generated before the signing of this contract, especially for any calculations and processes carried out by previous software, whose data was migrated to the PROPERTYDOCS system.

4.31. Finally, it is the USER's responsibility:

a) Operating the SOFTWARE in accordance with the specifications and guidelines of PRODOIST, including the set of activities of preparation, selection and typing of the information inherent and necessary to achieve the proposed objectives;

b) Hire third parties and their SOFTWARES, if necessary, to implement and maintain the best functioning of PRODOIST's SOFTWARE, as well as its applications and functionalities;

c) Providing the necessary infrastructure for the operation of the SOFTWARE, i.e., ensuring the basic environment for execution of the SOFTWARE modules, such as adequate hardware (processor capacity, memory, disk space, among others), Operating System, Database or other interdependent SOFTWARE, communication interdependent), communication infrastructure (links, network equipment) and work environment;

d) Maintain the necessary files to access the SaaS environment, as well as all and any data stored in the infrastructure of the business establishment the USER, taking care of the total security of the same, including regular backups with the use of appropriate means and media commonly used for this used for this purpose;

e) Controlling the quality of the information introduced and produced by the SOFTWARE and the correct application of the current legislation, which is pertinent to the purposes of use of the SOFTWARE;

f) Pass on only correct and complete information to PRODOIST;

g) Ensure the availability of professionals to answer questions, solve problems and perform all previously defined activities, as well as make every effort to meet the established deadlines;

h) Solve any problems arising from access via WEB, since the parties agree that PRODOIST has no control and/or responsibility over the structure of the USER's business establishment, nor over the protection tools against remote invasions, and any invasion or remote access to data or under its guard will not mean, under any circumstances, a failure in the SOFTWARE or in the provision of PRODOIST services;

i) Take all necessary measures so that the System is used in compliance with the General Terms and Conditions of Use and will be responsible for any violations intellectual property of PRODOIST or any third party.

5.1. The SOFTWARE will use commercially reasonable efforts to make the software available at least ninety-nine point seven percent (99.7%) during each Year of Service.

5.1.1 In the event that PRODOIST does not comply with the Service Level Agreement, the USER will have the right to receive the credit corresponding to 1 (one) month of monthly fees.

5.1.1.1 "Year of Service" means the 365 days preceding the date of a claim related to the level of service.

5.2 If you are using the SOFTWARE for a period of less than 365 days, the corresponding Service Year will still be considered as the 365 days preceding; however, the days prior to your use of the services shall be considered as 100% availability. Periods of operational downtime that occur prior to a successful Service Credit claim may not be used for purposes of future claims.

5.3 The service level commitment does not apply if the circumstances of unavailability result from (i) an interruption of power supply or emergency shutdowns not exceeding two (2) hours or occurring in the period from 24:00 to 6:00 (GMT); (ii) are caused by factors beyond the reasonable control of the SOFTWARE, including force majeure or Internet access and related problems; (iii) result from any acts or omissions of the User or any third party; (iv) result from equipment, software or other technologies that you use that prevent regular access; (v) result from failures of individual instances not attributable to the unavailability of the User; (vi) result from changes made in the manner of access to the User's ACCOUNT INFORMATION; (vii) result from network management practices that may affect the quality of the network.

6.1 If any person, User or not, feels aggrieved in relation to any problem generated by the SOFTWARE, he may forward to PRODOIST a notification, in writing, PRODOIST will notify the User with the appropriate measures, without being imputed any responsibility.

6.2 The removal of any content or User by the SOFTWARE, unilaterally, will depend on effective proof or strong evidence of illegality or violation of law, rights of third parties and/or the Terms of Use.

6.3 The notifications must also contain the identification of the material that allegedly represents the infringement or information necessary for the proper identification of the Content and measures with the User.

6.3.1 The notifier shall declare that the information contained in the notification is accurate and true, under penalty of incurring the consequent civil and criminal liabilities, and that the notifier is authorized to act on behalf of the owner of the allegedly violated right.

6.4 Notifications must be sent to the PLATFORM to the following e-mail address: suporte@propertydocs.com.br.

7.1. This agreement will remain in force for the duration of the separate Licensing Agreement signed between the parties.

8.1. The technical support service will consist of consulting, via chat or e-mail, to solve questions of an operational nature exclusively for users of the SOFTWARE, to the people qualified and duly authorized by the user's business establishment, and that will be provided by PRODOIST, at its headquarters, during business hours, understood as from 09:00 a.m. to 06:00 p.m., Brasilia time, from Monday to Friday. PRODOIST reserves the right to request material for analysis that it deems necessary, in the original patterns and nomenclatures of the Software.

8.1.1 Services provided outside the above hours will be increased by the percentage of overtime by 50% (fifty percent), and when performed on Saturdays, Sundays and holidays in the city of Curitiba/PR, the hourly rate will be increased by 100% (one hundred percent),

8.2 All queries should be made through employees and/or representatives of the contracting business establishment, previously identified, qualified to work with the working with the SOFTWARE, which should have knowledge of its operation, the equipment used, the operating system, as well as utility programs.

8.3 PRODOIST may require, at its discretion, the prior registration of qualified personnel as a condition for access to technical support, refusing to provide the aforementioned service to those who have not received specific training for the operation of the SOFTWARE.

8.4 If it is necessary to send material for analysis to PRODOIST, in cases where there is no error or fault on PRODOIST's part, the time spent for the problems will be invoiced as Operational Consultancy, upon presentation of the respective Service Report to the contracting business establishment, and after previous knowledge of the latter.

8.5. The Technical Support, as well as the Operational Advisement, may be provided by Remote Access, solution that uses communication and connection tools that allows access to You agree that Locaweb shall not be liable for any direct, indirect, incidental, consequential, special, or exemplary damages or lost profits, even if Locaweb has been advised of the possibility of such damages.

8.6 When Technical Support exceeds the limit of two (2) hours per month, the excess time will be considered as Operational Support and charged according to the provisions in this document.

9.1 The User and the SOFTWARE may terminate these Terms and Conditions at any time by notice, in accordance with the terms of the License Agreement signed between the parties.

9.2 PRODOIST reserves the right to terminate the contract, restrict or suspend the User's use of the services, upon notice, at any time, whenever the use of the services violates this Term and in the form of the Licensing Agreement.

9.3. The User expressly authorizes PRODOIST to maintain in its registry the information provided by him, as well as authorizes PRODOIST to provide the information contained in that registry to public authorities that request it as permitted by law and to its strategic, commercial or technical partners, for the purpose of offering better conditions of promotions and/or content, as long as it does not individualize users and business establishments, under the terms of the Privacy Policy.

10.1. The User expressly agrees that PRODOIST and/or any of its partners may send informative e-mail messages, referring to specific communications regarding services that are, or will be, available, as well as other messages of a commercial nature, under the terms of the Privacy Policy. If the USER no longer wishes to receive these messages, he/she must request PRODOIST to cancel them.

10.2. The information regarding the date and time of access and the internet protocol address used by the User to access the SOFTWARE will remain stored for 6 (months) from the date of each access made, regardless of the termination of the legal and commercial relationship between the parties, in compliance with the provisions of Article 15 of Law No. 12.965/2014, and may be stored for a longer period of time by court order.

11.1. PRODOIST reserves the right to modify the terms and conditions of this Term or its policies regarding the service at any time, effective upon the posting of an updated version of the Term of Service pursuant to this Agreement.

12.1. All rights and intellectual property in relation to the SOFTWARE and technology will remain the exclusive property of the company mentioned in the qualification of this Agreement, even if it develops new features at the request and remuneration of the User. Therefore, the technology licensed hereunder, including its programs, flowcharts, improvements, adaptations and other functionalities, as well as all technical documentation, are fully and definitively owned by the above mentioned company, so that copyrights and other intellectual property rights related to the same are equal to those granted to literary works, according to the copyright legislation in force in the country, as expressly determined in Article 2 and Paragraphs of Law 9.609/98.

12.2. The USER, when acquiring the right to use the SOFTWARE, will only be authorized to update it in the form established in this instrument, being prohibited to use of methods such as reverse engineering, decompilation or any other method that makes it possible to access the source code of the Software.

12.3 The USER may not assign to third parties the SOFTWARE and/or documentation supplied by PRODOIST under any pretext, being committed by its employees or to keep in good custody the accesses to the Software and the documentation received.

12.4 The SOFTWARE is configured in a standardized way, taking into account the dominant interpretation about the application of the legislation to which it is proposed, being that in some cases it will be possible to change parameters, aiming at its adaptation to specific situations or to reflect a particular interpretation of the User about the legislation, by means of the signature of a Term of Consent and/or Term of Responsibility for it.

12.5 Whenever the original parameters of the system are altered by order of the USER, PRODOIST will be totally exempt from any responsibility for the respective generation of data, according to TERM OF RESPONSIBILITY to be signed by the CONTRACTING PARTY.

12.6 Whenever the CONTRACTOR signs a Term of Consent as to the parameters used, PRODOIST will be exempt from any responsibility for the respective generation of data.

12.7 Through this contract, the User is assigned only the right to use the technology in question, without the need to present or provide the source code or internal structure of the product.

12.8 The User also agrees that he will not use any robot or other automated devices or manual processes to monitor or copy content from the service under penalty of being liable to PRODOIST for the losses and damages it causes, including attorney's fees, when necessary for the defense of PRODOIST's interests.

12.9 PRODOIST reserves the right to modify, suspend, terminate or discontinue any aspect of the SOFTWARE at any time, including the availability of any Services, information, features or functionality, as well as to impose limitations on certain features, functionality or services or restrict User to portions or all of the SOFTWARE, upon prior notice.

11.9.1 PRODOIST also reserves the right, at any time or title, to control and/or change the appearance, development and/or operations of the SOFTWARE at its sole discretion, as well as establish and modify the procedures for contact between the parties, without the need for prior notification.

11.10. Any violation of the rights of the author of the SOFTWARE will result in a fine in the amount of one hundred (100) times the monthly amount of use of the SOFTWARE, regardless of losses and damages judicially ascertained and criminal interpellation.

13.1 The Operational Assistance service will be provided to the USER by PRODOIST, making one or more technicians available for local or remote assistance, that is not covered by the guarantee of the SOFTWARE itself or by any of the other services specified in this contract, applying, for example, for training of the team of the contracting business establishment, backups, among others.

13.2 In case of advisory services for processing recoveries, due to operational errors by adopting techniques and methods other than those instructed in the training or indicated in the documentation made available by PRODOIST, these services will be subject to prior technical analysis, with consequent budgeting of costs determined case by case.

13.3. The time spent on consultations inherent to the Operational System, Third Party Applications or utilities and products not belonging to PRODOIST will be considered as Operational Consultancy.

13.4 The technical hour of the Operational Consultancy will be equivalent to 60 (sixty) minutes and the service will be provided during business hours, considered from 08:00 a.m. to 18:00 p.m, according to Brasilia/BR time, from Monday to Friday.

13.4.1 Services provided outside the above hours will be increased by the percentage of overtime by 50% (fifty percent), and when provided on Saturdays, Sundays and holidays in the city of Curitiba/PR, the hourly rate will be increased by 100% (one hundred percent), and holidays in the city of Curitiba/PR, the hourly rate will be increased by 100% (one hundred percent).

13.5 The values of the fees per technical hour of the Operational Advisory Services will be those in effect at the time of the execution of the services and will be invoiced monthly, under the terms of this Contract.

13.6 The time spent in displacements will be charged taking as a basis the PRODOIST unit nearest to the USER, by previous negotiation between the parties.

13.7. The operational assistance cannot be used by the USER to request structural changes in the SOFTWARE or development of other modules or functions not foreseen in the original project, and PRODOIST is not obliged to accept requests in this sense.

13.8. In the hypothesis of accepting the structural modifications mentioned above, PRODOIST will present a previous budget for the execution of the work, and a specific contract instrument should be signed for this purpose.

13.9. Services such as data recovery, peripheral configuration, and third-party SOFTWARE installation will be considered as Technical Support Services, subject to billing by means of a prior estimate.

14.1. The implementation process must follow PRODOIST's standard methodology, unless there is an agreement between the parties, duly documented and approved in meeting minutes and in action plans. The definitions of the activities to be developed, the methodology used and the respective level of priorities are the competence and responsibility of PRODOIST, and must be fully followed by the USER.

14.2. In the case of exchange of any component of the technical environment of operation that implies additional activities to those foreseen in this contract, PRODOIST should be informed at least 30 (thirty) days in advance, reserving the right to maintain or not the implementation in the new environment, as well as to charge, or not, through previous budget, the costs of adaptation of the schedule. In this case, the deadline will be established by PRODOIST, which will also define the new value of the upgrade.

14.3. The contracting business establishment shall designate an employee or agent as the coordinator responsible for the Software Implementation and Maintenance Project, with knowledge of the operational environment.

14.4. PRODOIST will be responsible for training the employees and/or representatives of the contracting business establishment, in order to enable, train and certify them to operate all the routines of the SOFTWARE.

14.5. PRODOIST is not responsible for training users in the operation of the equipment and its respective operating system, and reserves the right to require the substitution of those who present unsatisfactory performance.

14.6. If there is a need for rework in the Implementation activities, after the delivery of the Software, the time spent for the execution of these tasks will be charged as Operational Assistance.

14.7. PRODOIST will coordinate and carry out the software implementation process, making the insertion and parameterization of information and business rules in full compliance with with the legislation in force, and the contracting business establishment must sign the Consent Term after analyzing and validating the parameters inserted into the SOFTWARE.

15.1. The SOFTWARE Updating comprises all the alterations of programs and their respective documentation that PRODOIST may create and that makes it necessary to updating, complementation or reprogramming, aiming at improvements or installation of new operations or by changes in legislation.

15.2. The legal interpretation of the rules issued by the government and their implementation in the SOFTWARE will be made based on specialized publications and disclosed about each matter in communication vehicles of public domain. However, the responsibility for the agreement of the parameters will always be of the contracting business establishment and the USER.

15.3. The divergent interpretations by the contracting business establishment and the User, when implemented, will be considered as Customizations of the SOFTWARE, PRODOIST will not be obliged to implement changes solely and exclusively based on the evaluation of a USER, but will be obliged to do so at the request of the majority of its business establishments customers.

15.4. Modifications imposed by Associations, Unions, or other specific groups may be implemented with prior budget approval.

15.5. The improvements and new functions introduced by PRODOIST in the SOFTWARE originally licensed will be distributed with the aim of always providing the USER with the latest version version of the SOFTWARE.

15.6. PRODOIST may make additions to the SOFTWARE at the written request of the USER. In this case, the hours worked will be charged as Customizations at the headquarters of the contracting business establishment for surveys, implantation, and training, upon presentation of the Service Report.

15.7. The activities of analysis, programming, testing, documentation and distribution of the changes made at PRODOIST's headquarters will be invoiced according to previous budget or presentation of reports and results of each phase.

15.8. The guarantee to update the SOFTWARE expressed in this clause does not cover the Customizations made to the SOFTWARE by request of the USER.

15.9. The Intellectual Property of the customizations made by PRODOIST in the SOFTWARE, even if requested by the USER, will be exclusive to PRODOIST and may be incorporated to the versions distributed to other customers, without any reimbursement or compensation to the USER or to the contracting business establishment.

16.1. The CONTRACTED one declares that it will store the information of the contracting business establishment and the USER with the same security and dedication for the respective protection as if it were its own, hiring adequate equipment and software for the safekeeping of all documents and information in its possession.

16.2. The other regulations regarding the collection, storage, and use of information are duly dealt with in the Privacy Policy, which is an integral part of this document.

17.1. The User agrees that PRODOIST may disclose the execution of this instrument for commercial purposes, making mention of the User's name and trademark in commercial commercial campaigns, and may even disclose messages sent in written or oral form, by telephone, for use in sites, newspapers, magazines and other campaigns, even after the termination of these Terms.

17.2. The omitted cases and any doubts regarding the execution of this Contract will be solved through consultations and mutual understanding between the Parties, signing signing of an amendment term whenever necessary.

17.3. The Parties expressly declare and agree that the delay or omission in exercising rights that are assured to them by law or by this instrument shall not constitute novation or waiver of such rights, nor shall prejudice their eventual and timely exercise.

17.4. The waiver to rights that they have by law or the present Agreement will only be valid if formalized in writing.

17.5. The nullity or invalidity of any of the clauses of this Agreement shall not impair the validity and effectiveness of the others, which shall remain in full force and effect, and the Parties, in this case, shall negotiate in good faith, the wording of a new clause replacing the one considered null or invalid, reflecting the intention of the Parties in this Agreement.

17.6. All correspondences, notifications and communications between the parties shall be made via e-mail, facsimile, registered letter, notarial notification or any other other suitable means that allows confirmation of receipt, addressed to the addresses listed in the preamble of this Agreement, and the Party that has change of address, e-mail address, e-mail, or telephone immediately notify the other in writing.

17.7. The User may not assign, sublicense, subcontract, transfer, or dispose of any rights and obligations under these Terms of Use without the prior consent of of PRODOIST. PRODOIST may assign the Contract or the rights resulting therefrom to any of the companies of the economic group of which it is part or may be part of in the future, being obliged to communicate its intention to the User.

17.8. The taxes and other fiscal charges that are due, directly or indirectly, due to the amounts paid or received through this Contract, or due to its execution, will be the taxpayer's responsibility, as defined in the tax rules, with no right to reimbursement.

17.9. These Terms of Use (together with any terms and conditions agreed to by the parties, including the Commercial Proposal, Privacy Policy and License Agreement) contain the entire agreement between the parties and supersede all previous agreements.

17.10. If at any time, any provision (or part of any provision) of these Terms of Use is, or becomes, illegal, invalid or unenforceable in any respect under the law of any jurisdiction, this will not affect or impair the legality, validity or enforceability in that or any other jurisdiction of any other provision (or any part of the same provision) of these Terms of Use.

18.1. This contract will be governed by the Brazilian legislation, electing the parties the Forum of Curitiba, Paraná, as the only competent to know and settle any issues arising from this Agreement, expressly waiving any other, however privileged it may be.

18.2. These Terms of Use and all relations arising from it are subject to the laws of the Federative Republic of Brazil.

Last updated on 02/09/2021 08:29:28.