Terms of Use & Privacy Policy
These Terms and Conditions of Use (TCU) govern the legal and commercial relations between TEAMCULTURE on the one hand and the user and the contractor on the other, all better defined below. This TCU applies to organizational climate survey services developed and made available by TEAMCULTURE through the worldwide computer network.
Definitions
Contractor – Legal entity incorporated under the laws of Brazil, represented under its constituent acts, which expressly agrees and freely adheres to the terms and conditions set forth herein.
TEAMCULTURE - [TEAMCULTURE DESENVOLVIMENTO DE SOFTWARES LTDA, 2840 Augusta St. - 8th Floor- Cerqueira César, São Paulo-SP, 01412-100 and 31.673.943 / 0001-09] private limited company constituted under the Brazilian laws provider of the services described below.
User – Natural person, over the age of 18, civilly capable, collaborator of the contractor, which agrees and freely adheres to the terms and conditions set forth herein. Users will be considered as individuals who use the TEAMCULTURE services on their behalf, answering the questions sent to them, as well as individuals who act as representatives of the contractor.
Consent
User and contractor declare that they have read and agree to the conditions present in this TCU, with which they expressly agreed by clicking on "I agree" in the TEAMCULTURE website or, not yet that they have not clicked on such "I agree" button, expressly agree by using the tools and solutions made available by TEAMCULTURE in the TEAMCULTURE website http://app.teamculture.com.br
The contracting party declares that the natural person who has made the electronic acceptance of this TCU has full powers to represent it.
Object
The object of this TCU is the availability, by TEAMCULTURE, or by third parties on its behalf, of questionnaires related to organizational climate surveys to be carried out by the contractor with users, as well as the services of compilation, storage, and analysis of the information obtained through such questionnaires. This information will be treated per Brazilian legislation and will comply with the provisions of TEAMCULTURE's Privacy Policy.
Term
This TCU shall be effective on the date of its acceptance by the contractor and shall be effective for the term of the plan contracted by the contractor for all users authorized by the contractor. This TCU will be automatically renewed for the same periods and the same number of Users if the Contractor does not expressly state otherwise. This TCU may be canceled as set forth below in this instrument.
Registration and Password, Use, and Delivery
Before using the solutions offered by TEAMCULTURE, the user must fill in their registration data and accept the TEAMCULTURE Privacy Policy. It is your responsibility to provide correct and true information and therefore bear any incorrectness, omission, inaccuracy, or falsehood of the registration information provided. You also must update such registration information as soon as there are changes.
Duplicate registrations, with the same CPF number, will not be allowed and will be deleted by TEAMCULTURE.
After registration, the user will create a username and password for use on the TEAMCULTURE website. This password will have a personal and non-transferable characteristic. The user is solely responsible for the custody and storage of the password created and bear with any consequence of its use. The use of your password by another person constitutes serious disregard for the provisions of this instrument and may result in the responsibility of the user for any damage caused to TEAMCULTURE, the contractor, and third parties.
If you identify misuse of your password, you must promptly notify TEAMCULTURE so that it takes the security measures it deems feasible and applicable.
TEAMCULTURE undertakes to give the information provided by the user, the treatment provided in its Privacy Policy for the TEAMCULTURE website, and following the provisions of the applicable legislation.
The contractor, through a legal representative, will also register, create a username and password. This representative, on behalf of the Contractor, will have access to information not available to other users, but fundamental for the understanding and evaluation of the organizational climate of the Contractor. In this sense, the Contractor undertakes to respect the confidentiality of the information provided by TEAMCULTURE, all by the best specified in the Privacy Policy.
Hiring, pricing, renewal, cancellation, and suspension
By accepting this TCU, the contractor agrees to pay TEAMCULTURE for the services to be provided under the terms and conditions outlined in TEAMCULTURE's website. The user will pay nothing to answer the questionnaires made available by TEAMCULTURE.
The payment may be made by companies contracted by TEAMCULTURE that operate in the segment of electronic payment. The contractor acknowledges that such companies have their operation, procedures, and dynamics and that, to make the payments, the contractor's card data may be stored by TEAMCULTURE partner companies that will make the payments. It further acknowledges that such companies have internal risk assessment and that it is not for TEAMCULTURE to question or interfere with such assessment, so if a transaction is eventually not authorized, there will be no possibility to reverse it and attempt authorization without the consent of the partner companies responsible for the payment procedures. The payment will be debited in full at the time of joining this TCU, in each renewal or new contract, and will entitle you to use the services purchased for the time specified in the proposal best described on the TEAMCULTURE website.
The prices charged by TEAMCULTURE are on our website.
In the first hiring of TEAMCULTURE services, the Contractor may exercise the right of repentance within 7 (seven) days, counting from the date on which the Contractor formalized the hiring. Hypothesis in which you will cease use of the services immediately and receive the amount paid back within 30 (thirty) days.
Packages purchased by the Contractor for pre-defined periods will automatically be renewed for a period equal to and after the period originally purchased, if the Contractor does not manifest itself with at least fifteen days in advance of the expiration date of the initially purchased package.
THE CONTRACT MAY BE CANCELED BY THE CONTRACTOR AT ANY TIME DURING ITS TERM, BY SIMPLY COMMUNICATING TEAMCULTURE. HOWEVER, NO AMOUNT WILL BE REFUNDED BY TEAMCULTURE IN THE EVENT OF UNMOTIVATED CANCELLATION BY THE CONTRACTOR. EXCEPTION MADE TO THE PREVIOUSLY PROVIDED RIGHT OF REPENTANCE.
From the moment TEAMCULTURE receives from the Contractor the communication of your desire to cancel the contract, TEAMCULTURE may immediately cease the access of the Contractor and the Users connected to it to the services provided by TEAMCULTURE.
In the event of late payment, whether of the full amount or only part of it, for a period exceeding 10 (ten) days, and regardless of any notification to the Contractor, TEAMCULTURE may, at its sole discretion, suspend the provision of services, including access to surveys and all existing data until payment is settled by the Contractor. If the Contractor does not resolve the financial backlog within 90 (ninety) days of the expiration of the unpaid amount, TEAMCULTURE reserves the right to terminate this TCU and permanently and unrecoverably delete all information of the Contractor and the Users connected to it that may be stored in its database.
In the case of late payment, a criminal fine equivalent to 2% (two percent) of the late amount, plus 1% (one percent) interest calculated per date, and such amount will be monetarily corrected by the positive variation of FGV's IGP-M.
The value of the automatically renewed service contracting packages will be readjusted at the lowest legally permitted periodicity, using for this purpose, the positive variation of the IGP-M in the period or another index to be chosen by TEAMCULTURE if the IGP-M is no longer disclosed.
Intellectual Property
The Contractor and the User has not acquired by agreement or by your use of the software in the TEAMCULTURE, any intellectual property rights or other proprietary rights, including patents, designs, trademarks, copyrights, or any rights in the confidential information or trade secrets, as well as all of the content made available to you on the website, including, but not limited to, text, graphics, images, logos, button icons, photographs, editorial content, notices, software, and any other materials, on or in connection with the software or any part of it. The Contractor and the User also do not acquire any rights in or relating to the software or any component thereof, other than the rights expressly licensed to you under this TCU or in any other agreement mutually agreed in writing between you and TEAMCULTURE. Any rights not expressly granted hereunder are reserved.
The TEAMCULTURE brand and logo, as well as internet domain, website and application screen layouts, databases, networks, and files, which enable the use of the TEAMCULTURE solution, are the property of TEAMCULTURE and are protected in the form of law. The use and total or partial reproduction of said content is prohibited. Through this instrument, the Contractor and the User assume the obligation to respect all the intellectual property rights of TEAMCULTURE and other companies whose trademarks are, in any way, the subject of the sales of goods provided for in this instrument.
Statements of the Contractor and the User
The Contractor and the User declare to have full knowledge of the rights and obligations arising from this TCU, this instrument constituting the complete agreement between the parties. You also declare that you have read, understood, and accepted all its terms and conditions.
The Contractor and the User declare that they have been duly informed of the Privacy Policy and about the environments for the protection of confidential information, personal data, and access records of TEAMCULTURE, freely and expressly consenting to the actions of collection, use, storage, and treatment of said information and data.
The Contractor and the User declares to be aware that the operations that correspond to the acceptance of the present TCU, in certain conditions, and options, as well as possible termination of this agreement, and other changes, you will be logged in the database TEAMCULTURE, along with the date and the time in which they were held by them, and all such information which can be used as evidence regardless of compliance with any other formality.
Software License and Restrictions
Subject to the terms and conditions set forth herein, this TCU grants Contractor and User a revocable, non-exclusive, non-transferable license to use the software. The Contractor and the User may not use or allow the software to be used for any purpose other than the processing of their information. This license does not imply the ability to access any software other than those originally made available by TEAMCULTURE. In no event will the contractor and the user have access to the source code of the software licensed, as this is the intellectual property of TEAMCULTURE.
Under no circumstances it is allowed to the Contractor, the User, or third parties, in general: copy, assign, sublicense, sell, lease, or pledge, reproduce, donate, alienate in any way, transfer all or part, in any form, freely or onerously, temporarily or permanently, the software object of this TCU, as well as its modules, parts, manuals, or any information related to it; remove or change, in whole or in part, the rights reserve notices existing in the software and documentation; practice reverse engineering, decomposition, or disassembly of the software.
TEAMCULTURE reserves the right to immediately terminate the access of the Contractor or the User to the services and the software in cases when the software is used in a manner other than that stipulated herein.
Obligations of the Contractor and the User
In no event will TEAMCULTURE be responsible for the content (information, passwords, copies of information, etc.) included in the software, and therefore this information is not reviewed at any time. The responsibility for the information entered in the software is always of the Contractor and the User.
The Contractor or the User must make sure that they are not prohibited by legal and/or contractual determination to pass information, as well as any other data to TEAMCULTURE, necessary for the execution of the service offered by this TCU.
Neither the Contractor nor the User will use the software in any way that may result in malfeasance, infringement, violation of rights, or damage to TEAMCULTURE or third parties, including but not limited to the use of hacking of computer device to obtain, tampering with, or destroying data or information without the express permission of the holder of such data or the device or server on which they are stored.
Neither the Contractor nor the User will publish, send or transmit any file containing viruses, worms, trojan horses, or any other program that may contaminate, destroy or interfere with the proper functioning of the software.
Both the Contractor and the User shall inform TEAMCULTURE whenever there is any change in the information provided to TEAMCULTURE that may prevent, limit, or impair TEAMCULTURE's access to the information necessary for the execution of the functionalities offered by the software.
TEAMCULTURE Obligations
TEAMCULTURE warrants to the Contractor and the User that the software shall operate regularly if the conditions of use defined in the documentation are respected. In the event of programming failures (bugs), TEAMCULTURE will use its best efforts to correct such failures and may, at its discretion, replace the copy of the failed programs with corrected copies.
TEAMCULTURE shall provide, on an ongoing basis upon acceptance of this TCU and during its term, access to the software.
TEAMCULTURE shall suspend access to the software used by the Contractor and the User if such software violates the content rules set forth herein or the legal norms in force.
TEAMCULTURE may change the specifications and/or features of the licensed software for the improvement and/or correction of errors.
TEAMCULTURE will provide access to support services, for clarification of non-technical questions directly related to the services provided by TEAMCULTURE (according to the contracted plan), in the period between 10:00 AM (ten hours) and 6:00 PM (six hours) on working days in the city of São Paulo, without intermission, via chat (located on the website), or by email addressed to axel@teamculture.com.br
Absence of Guarantee
For the realization of the object of this instrument, TEAMCULTURE uses the appropriate technological solution to offer security, agility, and continuity in the service. TEAMCULTURE does not warrant that the subject matter of this agreement will be performed free of defects or inaccuracies.
TEAMCULTURE is not responsible for any damage arising from the unavailability of its services and or any failure in the continuous operation of the website. It doesn't answer for others, either.
TEAMCULTURE Disclaimers
TEAMCULTURE is not responsible:
For failure of operation, operation by unauthorized persons, or any other cause in which there is no fault of TEAMCULTURE;
For problems defined as "fortuitous event" or "force majeure", contemplated by Art. 393 of the Brazilian Civil Code;
For any problems arising from the actions or omissions of third parties that may interfere with the quality of the service;
For damages caused to third parties due to content generated by TEAMCULTURE through software;
TEAMCULTURE adopts appropriate security measures under market standards for the protection of Contractor and User information stored in TEAMCULTURE databases. However, the User and the Contractor acknowledge that no system, server, or software is immune to attacks and/or invasions by hackers and other malicious agents, and TEAMCULTURE is not responsible for any unauthorized deletion, obtaining, use, or disclosure of information resulting from attacks that TEAMCULTURE could not reasonably prevent employing such security standards.
Limitation of Liability
In no event shall TEAMCULTURE be liable for personal injury or any incidental, special, indirect, or consequential damages, including, without limitation, damages for loss of profit, corruption or loss of data, failure to transmit or receive data, non-business continuity, or any other business loss, arising out of or related to your use or your inability to use the software, for any other motive. Under no circumstances will TEAMCULTURE's entire liability to Contractor or User for all damages exceed the amount corresponding to the last service plan paid by Contractor to TEAMCULTURE for the services subject to this TCU.
General Conditions
TEAMCULTURE may, at any time, implement changes to the presentation, configuration, availability, and functionality of the website and application and the usability of the services.
This document and all TEAMCULTURE policies may be changed unilaterally at any time. Substantial and significant modification of this instrument will be communicated to the Contractor and the User by an electronic message sent to the registered electronic addresses. Changes to TEAMCULTURE's policies will be communicated through the website. In the event of not agreeing to one of the changes promoted by TEAMCULTURE, both the Contractor and the User can promptly cancel this hiring. In the event of cancellation by the Contractor, such cancellation will immediately cover all Users who are its collaborators.
TEAMCULTURE may disclose the celebration of this TCU for commercial purposes, mentioning the name and brand of the Contractor in commercial campaigns, and may, including, disclose messages sent in written or oral form, by telephone, for use in websites, newspapers, magazines, and other campaigns, as long as this TCU is in force. The Contractor also agrees to receive communications via email about training, partnerships, and campaigns related to TEAMCULTURE services.
This TCU is governed by applicable Brazilian law.
Compliance with third-party Intellectual Property Rights
TEAMCULTURE expressly declares that its activities do not violate any third-party intellectual property rights, including, but not limited to, copyrights, patents, and trade secrets.
TEAMCULTURE warrants and is liable for any action or claim by third parties, especially to any claim of ownership of the software developed by us (subject of this agreement), or claim of infringement of third-party intellectual property rights.
Forum
The parties hereby elect the jurisdiction of the capital of the State of São Paulo to resolve any doubts, questions, or disputes arising from this contract, renouncing the parties to any other however privileged it may be.
Definitions
Contractor – Legal entity incorporated under the laws of Brazil, represented under its constituent acts, which expressly agrees and freely adheres to the terms and conditions set forth herein.
TEAMCULTURE - [TEAMCULTURE DESENVOLVIMENTO DE SOFTWARES LTDA, 2840 Augusta St. - 8th Floor- Cerqueira César, São Paulo-SP, 01412-100 and 31.673.943 / 0001-09] private limited company constituted under the Brazilian laws provider of the services described below.
User – Natural person, over the age of 18, civilly capable, collaborator of the contractor, which agrees and freely adheres to the terms and conditions set forth herein. Users will be considered as individuals who use the TEAMCULTURE services on their behalf, answering the questions sent to them, as well as individuals who act as representatives of the contractor.
Consent
User and contractor declare that they have read and agree to the conditions present in this TCU, with which they expressly agreed by clicking on "I agree" in the TEAMCULTURE website or, not yet that they have not clicked on such "I agree" button, expressly agree by using the tools and solutions made available by TEAMCULTURE in the TEAMCULTURE website http://app.teamculture.com.br
The contracting party declares that the natural person who has made the electronic acceptance of this TCU has full powers to represent it.
Object
The object of this TCU is the availability, by TEAMCULTURE, or by third parties on its behalf, of questionnaires related to organizational climate surveys to be carried out by the contractor with users, as well as the services of compilation, storage, and analysis of the information obtained through such questionnaires. This information will be treated per Brazilian legislation and will comply with the provisions of TEAMCULTURE's Privacy Policy.
Term
This TCU shall be effective on the date of its acceptance by the contractor and shall be effective for the term of the plan contracted by the contractor for all users authorized by the contractor. This TCU will be automatically renewed for the same periods and the same number of Users if the Contractor does not expressly state otherwise. This TCU may be canceled as set forth below in this instrument.
Registration and Password, Use, and Delivery
Before using the solutions offered by TEAMCULTURE, the user must fill in their registration data and accept the TEAMCULTURE Privacy Policy. It is your responsibility to provide correct and true information and therefore bear any incorrectness, omission, inaccuracy, or falsehood of the registration information provided. You also must update such registration information as soon as there are changes.
Duplicate registrations, with the same CPF number, will not be allowed and will be deleted by TEAMCULTURE.
After registration, the user will create a username and password for use on the TEAMCULTURE website. This password will have a personal and non-transferable characteristic. The user is solely responsible for the custody and storage of the password created and bear with any consequence of its use. The use of your password by another person constitutes serious disregard for the provisions of this instrument and may result in the responsibility of the user for any damage caused to TEAMCULTURE, the contractor, and third parties.
If you identify misuse of your password, you must promptly notify TEAMCULTURE so that it takes the security measures it deems feasible and applicable.
TEAMCULTURE undertakes to give the information provided by the user, the treatment provided in its Privacy Policy for the TEAMCULTURE website, and following the provisions of the applicable legislation.
The contractor, through a legal representative, will also register, create a username and password. This representative, on behalf of the Contractor, will have access to information not available to other users, but fundamental for the understanding and evaluation of the organizational climate of the Contractor. In this sense, the Contractor undertakes to respect the confidentiality of the information provided by TEAMCULTURE, all by the best specified in the Privacy Policy.
Hiring, pricing, renewal, cancellation, and suspension
By accepting this TCU, the contractor agrees to pay TEAMCULTURE for the services to be provided under the terms and conditions outlined in TEAMCULTURE's website. The user will pay nothing to answer the questionnaires made available by TEAMCULTURE.
The payment may be made by companies contracted by TEAMCULTURE that operate in the segment of electronic payment. The contractor acknowledges that such companies have their operation, procedures, and dynamics and that, to make the payments, the contractor's card data may be stored by TEAMCULTURE partner companies that will make the payments. It further acknowledges that such companies have internal risk assessment and that it is not for TEAMCULTURE to question or interfere with such assessment, so if a transaction is eventually not authorized, there will be no possibility to reverse it and attempt authorization without the consent of the partner companies responsible for the payment procedures. The payment will be debited in full at the time of joining this TCU, in each renewal or new contract, and will entitle you to use the services purchased for the time specified in the proposal best described on the TEAMCULTURE website.
The prices charged by TEAMCULTURE are on our website.
In the first hiring of TEAMCULTURE services, the Contractor may exercise the right of repentance within 7 (seven) days, counting from the date on which the Contractor formalized the hiring. Hypothesis in which you will cease use of the services immediately and receive the amount paid back within 30 (thirty) days.
Packages purchased by the Contractor for pre-defined periods will automatically be renewed for a period equal to and after the period originally purchased, if the Contractor does not manifest itself with at least fifteen days in advance of the expiration date of the initially purchased package.
THE CONTRACT MAY BE CANCELED BY THE CONTRACTOR AT ANY TIME DURING ITS TERM, BY SIMPLY COMMUNICATING TEAMCULTURE. HOWEVER, NO AMOUNT WILL BE REFUNDED BY TEAMCULTURE IN THE EVENT OF UNMOTIVATED CANCELLATION BY THE CONTRACTOR. EXCEPTION MADE TO THE PREVIOUSLY PROVIDED RIGHT OF REPENTANCE.
From the moment TEAMCULTURE receives from the Contractor the communication of your desire to cancel the contract, TEAMCULTURE may immediately cease the access of the Contractor and the Users connected to it to the services provided by TEAMCULTURE.
In the event of late payment, whether of the full amount or only part of it, for a period exceeding 10 (ten) days, and regardless of any notification to the Contractor, TEAMCULTURE may, at its sole discretion, suspend the provision of services, including access to surveys and all existing data until payment is settled by the Contractor. If the Contractor does not resolve the financial backlog within 90 (ninety) days of the expiration of the unpaid amount, TEAMCULTURE reserves the right to terminate this TCU and permanently and unrecoverably delete all information of the Contractor and the Users connected to it that may be stored in its database.
In the case of late payment, a criminal fine equivalent to 2% (two percent) of the late amount, plus 1% (one percent) interest calculated per date, and such amount will be monetarily corrected by the positive variation of FGV's IGP-M.
The value of the automatically renewed service contracting packages will be readjusted at the lowest legally permitted periodicity, using for this purpose, the positive variation of the IGP-M in the period or another index to be chosen by TEAMCULTURE if the IGP-M is no longer disclosed.
Intellectual Property
The Contractor and the User has not acquired by agreement or by your use of the software in the TEAMCULTURE, any intellectual property rights or other proprietary rights, including patents, designs, trademarks, copyrights, or any rights in the confidential information or trade secrets, as well as all of the content made available to you on the website, including, but not limited to, text, graphics, images, logos, button icons, photographs, editorial content, notices, software, and any other materials, on or in connection with the software or any part of it. The Contractor and the User also do not acquire any rights in or relating to the software or any component thereof, other than the rights expressly licensed to you under this TCU or in any other agreement mutually agreed in writing between you and TEAMCULTURE. Any rights not expressly granted hereunder are reserved.
The TEAMCULTURE brand and logo, as well as internet domain, website and application screen layouts, databases, networks, and files, which enable the use of the TEAMCULTURE solution, are the property of TEAMCULTURE and are protected in the form of law. The use and total or partial reproduction of said content is prohibited. Through this instrument, the Contractor and the User assume the obligation to respect all the intellectual property rights of TEAMCULTURE and other companies whose trademarks are, in any way, the subject of the sales of goods provided for in this instrument.
Statements of the Contractor and the User
The Contractor and the User declare to have full knowledge of the rights and obligations arising from this TCU, this instrument constituting the complete agreement between the parties. You also declare that you have read, understood, and accepted all its terms and conditions.
The Contractor and the User declare that they have been duly informed of the Privacy Policy and about the environments for the protection of confidential information, personal data, and access records of TEAMCULTURE, freely and expressly consenting to the actions of collection, use, storage, and treatment of said information and data.
The Contractor and the User declares to be aware that the operations that correspond to the acceptance of the present TCU, in certain conditions, and options, as well as possible termination of this agreement, and other changes, you will be logged in the database TEAMCULTURE, along with the date and the time in which they were held by them, and all such information which can be used as evidence regardless of compliance with any other formality.
Software License and Restrictions
Subject to the terms and conditions set forth herein, this TCU grants Contractor and User a revocable, non-exclusive, non-transferable license to use the software. The Contractor and the User may not use or allow the software to be used for any purpose other than the processing of their information. This license does not imply the ability to access any software other than those originally made available by TEAMCULTURE. In no event will the contractor and the user have access to the source code of the software licensed, as this is the intellectual property of TEAMCULTURE.
Under no circumstances it is allowed to the Contractor, the User, or third parties, in general: copy, assign, sublicense, sell, lease, or pledge, reproduce, donate, alienate in any way, transfer all or part, in any form, freely or onerously, temporarily or permanently, the software object of this TCU, as well as its modules, parts, manuals, or any information related to it; remove or change, in whole or in part, the rights reserve notices existing in the software and documentation; practice reverse engineering, decomposition, or disassembly of the software.
TEAMCULTURE reserves the right to immediately terminate the access of the Contractor or the User to the services and the software in cases when the software is used in a manner other than that stipulated herein.
Obligations of the Contractor and the User
In no event will TEAMCULTURE be responsible for the content (information, passwords, copies of information, etc.) included in the software, and therefore this information is not reviewed at any time. The responsibility for the information entered in the software is always of the Contractor and the User.
The Contractor or the User must make sure that they are not prohibited by legal and/or contractual determination to pass information, as well as any other data to TEAMCULTURE, necessary for the execution of the service offered by this TCU.
Neither the Contractor nor the User will use the software in any way that may result in malfeasance, infringement, violation of rights, or damage to TEAMCULTURE or third parties, including but not limited to the use of hacking of computer device to obtain, tampering with, or destroying data or information without the express permission of the holder of such data or the device or server on which they are stored.
Neither the Contractor nor the User will publish, send or transmit any file containing viruses, worms, trojan horses, or any other program that may contaminate, destroy or interfere with the proper functioning of the software.
Both the Contractor and the User shall inform TEAMCULTURE whenever there is any change in the information provided to TEAMCULTURE that may prevent, limit, or impair TEAMCULTURE's access to the information necessary for the execution of the functionalities offered by the software.
TEAMCULTURE Obligations
TEAMCULTURE warrants to the Contractor and the User that the software shall operate regularly if the conditions of use defined in the documentation are respected. In the event of programming failures (bugs), TEAMCULTURE will use its best efforts to correct such failures and may, at its discretion, replace the copy of the failed programs with corrected copies.
TEAMCULTURE shall provide, on an ongoing basis upon acceptance of this TCU and during its term, access to the software.
TEAMCULTURE shall suspend access to the software used by the Contractor and the User if such software violates the content rules set forth herein or the legal norms in force.
TEAMCULTURE may change the specifications and/or features of the licensed software for the improvement and/or correction of errors.
TEAMCULTURE will provide access to support services, for clarification of non-technical questions directly related to the services provided by TEAMCULTURE (according to the contracted plan), in the period between 10:00 AM (ten hours) and 6:00 PM (six hours) on working days in the city of São Paulo, without intermission, via chat (located on the website), or by email addressed to axel@teamculture.com.br
Absence of Guarantee
For the realization of the object of this instrument, TEAMCULTURE uses the appropriate technological solution to offer security, agility, and continuity in the service. TEAMCULTURE does not warrant that the subject matter of this agreement will be performed free of defects or inaccuracies.
TEAMCULTURE is not responsible for any damage arising from the unavailability of its services and or any failure in the continuous operation of the website. It doesn't answer for others, either.
TEAMCULTURE Disclaimers
TEAMCULTURE is not responsible:
For failure of operation, operation by unauthorized persons, or any other cause in which there is no fault of TEAMCULTURE;
For problems defined as "fortuitous event" or "force majeure", contemplated by Art. 393 of the Brazilian Civil Code;
For any problems arising from the actions or omissions of third parties that may interfere with the quality of the service;
For damages caused to third parties due to content generated by TEAMCULTURE through software;
TEAMCULTURE adopts appropriate security measures under market standards for the protection of Contractor and User information stored in TEAMCULTURE databases. However, the User and the Contractor acknowledge that no system, server, or software is immune to attacks and/or invasions by hackers and other malicious agents, and TEAMCULTURE is not responsible for any unauthorized deletion, obtaining, use, or disclosure of information resulting from attacks that TEAMCULTURE could not reasonably prevent employing such security standards.
Limitation of Liability
In no event shall TEAMCULTURE be liable for personal injury or any incidental, special, indirect, or consequential damages, including, without limitation, damages for loss of profit, corruption or loss of data, failure to transmit or receive data, non-business continuity, or any other business loss, arising out of or related to your use or your inability to use the software, for any other motive. Under no circumstances will TEAMCULTURE's entire liability to Contractor or User for all damages exceed the amount corresponding to the last service plan paid by Contractor to TEAMCULTURE for the services subject to this TCU.
General Conditions
TEAMCULTURE may, at any time, implement changes to the presentation, configuration, availability, and functionality of the website and application and the usability of the services.
This document and all TEAMCULTURE policies may be changed unilaterally at any time. Substantial and significant modification of this instrument will be communicated to the Contractor and the User by an electronic message sent to the registered electronic addresses. Changes to TEAMCULTURE's policies will be communicated through the website. In the event of not agreeing to one of the changes promoted by TEAMCULTURE, both the Contractor and the User can promptly cancel this hiring. In the event of cancellation by the Contractor, such cancellation will immediately cover all Users who are its collaborators.
TEAMCULTURE may disclose the celebration of this TCU for commercial purposes, mentioning the name and brand of the Contractor in commercial campaigns, and may, including, disclose messages sent in written or oral form, by telephone, for use in websites, newspapers, magazines, and other campaigns, as long as this TCU is in force. The Contractor also agrees to receive communications via email about training, partnerships, and campaigns related to TEAMCULTURE services.
This TCU is governed by applicable Brazilian law.
Compliance with third-party Intellectual Property Rights
TEAMCULTURE expressly declares that its activities do not violate any third-party intellectual property rights, including, but not limited to, copyrights, patents, and trade secrets.
TEAMCULTURE warrants and is liable for any action or claim by third parties, especially to any claim of ownership of the software developed by us (subject of this agreement), or claim of infringement of third-party intellectual property rights.
Forum
The parties hereby elect the jurisdiction of the capital of the State of São Paulo to resolve any doubts, questions, or disputes arising from this contract, renouncing the parties to any other however privileged it may be.
Updated on: 20/04/2021
Thank you!