Read carefully before use
FOURTWO PLATFORM GENERAL TERMS AND CONDITIONS OF USE
Posted on December 17, 2018
Entered into force on December 17, 2018
Last modified on June 19, 2019
The present General Terms and Conditions of Use (“Terms”) of the Fourtwo Digital Platform (“Platform”), developed by Fourtwo Tecnologia LTDA-EPP, registered with the CNPJ under No. 23.759.307/0001-76, are intended to establish the rules and conditions to which users (“Users”) must adhere to for remote access and use of the Platform, including its website, software and any services made available.
1.1. For the purposes of these Terms:
- Fourtwo: SaaS – Software as a Service – designed to facilitate the creation of reports like Presentation, Infographic, Dashbord and others;
- Users: are individuals or companies, including their employees, collaborators or agents, who have registered to use the Platform by entering their personal information and registration data in addition to accepting these Terms;
- Payment System: system that can be used by Fourtwo in partnership with companies specialized in financial services that allow the payment of products and services through the Platform;
2. ABOUT FOURTWO
2.1. The Platform consists of a specialized service for automated report generation, through connections to various data APIs, Spreadsheets, Databases, among others.
2.2. Fourtwo offers different hiring plans, described and featured on https://www.fourtwo.io/en/price/, whose characteristics (such as price, number of reports by type, update time) vary according to User needs. A free trial version may be offered to Users for fifteen (15) days as a matter of liberality and no obligation or liability will be created for Fourtwo with respect to the User.
2.3. Plans may be changed or terminated at Fourtwo’s sole discretion, upon notice to Users on the Platform or through any available communication channel thirty (30) days in advance. Changes in price will not affect plans whose contracting is in force, as per item 4.2.
2.4. In the event of a migration to a higher plan, the difference between the two plans will be due, which difference will be debited immediately through the Payment System chosen by the User at the time of contracting. In the event of a downgrade, unused credit will be deducted until it is fully consumed. Failure to use the Platform or any of its features does not interfere with the amounts contracted and due by the Users.
2.5. Online videos and support materials will be offered through the Help link available on the Platform, as well as support for Business Hours Users (9 am to 11:30 am and 1:30 pm to 5:30 pm – GMT-3) via e-mail (support [at] fourtwo.io) and contact phones posted on the Platform. Training may also be offered to Users, whose prices are not included in the contracted plans.
2.6. When it comes to browser access, we approve for access only the Google Chrome browser in its latest version. It may be that features need to be modified, redefined or redone due to changes applied in new browser versions, any adjustments will be developed and applied as soon as possible at the sole discretion of the Platform.
3. REGISTRATION AND PLATFORM USE
3.1. The User declares that he/she has provided accurate, complete and up-to-date information as requested in the initial registration for use of the Platform, and Fourtwo is not required to monitor or control the accuracy of the information provided. The User is liable, civilly and criminally, for the accuracy of the information provided to the Platform.
3.2. Fourtwo may request the following information from the User:
3.2.1. Fourtwo may request the following information from the User:
22.214.171.124. Basic data including, but not limited to, company name, tax ID, address, telephone number and contact person;
126.96.36.199. Additional data, such as company segment, company size, name and role in the company from which you are filling out the form and e-mail of the company’s financial officer.
3.2.2. In case of Individual User:
188.8.131.52. Basic personal data, including, but not limited to, full name, CPF, ID number, address, and phone number.
184.108.40.206. Additional data, such as business segment of the company he/she works for, size of company, role he/she plays in the company and e-mail address of the company’s financial officer.
3.3. In case of Individual User, only persons who have full legal capacity are allowed to register on the Platform. Persons who do not enjoy this ability, including minors, should be assisted by their legal representative. In case of legal entity the registration information of the User shall be provided by a legal representative duly vested in the powers to do so.
3.4. Fourtwo reserves the right to use all legal and possible means to contact its Users, and at any time to request additional documents and/or data which, in its sole discretion, it deems necessary to verify the informed registration data.
3.5. The User will be solely responsible for keeping the password for access to the Platform, and the Platform is not responsible for any damage resulting from disclosure of the password of the User to third parties.
3.6. User registration is personal and non-transferable, being forbidden the transfer, assignment, lending or any type of loan, in any form, the registration of the User to third parties.
3.7. Fourtwo will not be liable for User errors due to non-verification of the amount charged through the Payment System, being the User solely responsible for this process.
3.8. Fourtwo will not be required to refund payments to Users due to any errors arising out of failure or mistake in choosing the Plan, User’s failure to check amounts, withdrawal, cancellation and/or any other events not solely Fourtwo’s responsibility.
3.9. In case of any irregularities, payment problems, or any other occurrences, Fourtwo requests the User to contact us through the available service channels to resolve the problem as soon as possible.
4. PAYMENT, CANCELLATION AND RENEWAL
4.1. The User agrees to pay Fourtwo the amounts corresponding to the prices charged by the plans, as provided in item 2.2, as well as the remuneration for any other services or products offered by Fourtwo.
4.2. Fourtwo reserves the right to modify, increase, include or eliminate prices in effect at any time or to carry out promotions and other transitional forms of price change. Such changes will be informed to the User thirty (30) days in advance, and the User will be allowed, in this case, to cancel and/or oppose the renewal, under the terms of item 4.5, due only the amounts already contracted, subject to the provisions of item 4.4. User silence regarding the change will be interpreted by Fourtwo as definitively, irrevocably and irreversibly accepted.
4.3. Fourtwo reserves the right to take appropriate judicial and extrajudicial measures to receive amounts due from Users, including to bring to protest the title or document proving the existing debt.
4.4. Users may cancel plans contracted directly by the Platform or by contacting Fourtwo upon request. The services offered by Fourtwo are prepaid and, under no circumstances, will the amounts paid be returned due to cancellation.
4.5. The contracted plans will be automatically renewed for the same period, unless there is no express manifestation to the contrary by the User. In case of automatic renewal, after a period of twelve (12) months from the date of the first contracting, the prices will be updated by the General Market Price Index, published by Fundação Getúlio Vargas (IGPM/FGV), without prejudice to any price changes, pursuant to item 4.2.
4.6. In the event of late payment in excess of 7 (seven) days, User access to the Platform will be blocked and any services provided by Fourtwo will be suspended. If the delay exceeds 30 (thirty) days, all data and information of the Users may be permanently deleted.
5. PLATFORM USE LICENSE
5.1. Fourtwo grants the User a (i) personal, (ii) non-transferable (iii) non-exclusive, (iv) limited, (v) non-commercial, and (vi) revocable license to use the Platform on your mobile phone or computer accordingly with the conditions provided for in this Term. Fourtwo reserves all rights to the Platform not expressly granted herein.
5.2. Fourtwo is not responsible for damages suffered by the User due to copying, transfer, distribution or any other use of protected content made available on the Platform.
6. LIABILITY LIMITATIONS
6.1. The User acknowledges and agrees that:
a) By registering and choosing to use the services presented by the Platform, the User does so at their own risk. Fourtwo recommends that the use of the Platform be made with common sense and caution, not being responsible for the consequences of using the methodologies, tools or management practices adopted.
b) Users acknowledge and accept that Fourtwo has no direct responsibility for any moral or material damages related to Users’ wrongful or intentional conduct during the performance of the contracted services. Fourtwo will be exempt from any damage to which it has not caused cause and must be reimbursed directly or indirectly, regressively, by the User or third party involved.
c) O Fourtwo não garante que a Plataforma estará sempre livre de erros, interrupções e/ou oscilações, não podendo, dessa forma, ser responsabilizada por danos morais ou materiais causados aos Usuários, bem como por eventuais lucros cessantes, em virtude de qualquer inconsistência no funcionamento da Plataforma.
d) The User agrees that Fourtwo will not be liable for any damages or damages caused to its mobile device(s), computer(s) or any other electronic equipment as a result of using the Platform.
e) The User further agrees that Fourtwo will not be responsible for any calculation errors in the tariffs and / or invoices generated as a result of the freight forwarding processes registered in the Platform, thus the User is responsible for checking all calculations, deadlines, documents, invoices, charges and payments, thus exempting the Platform from any errors.
f) Fourtwo shall not be liable for errors or interruptions in the provision of information by independent service providers, including the Payment System and any other integrated features or applications. Such systems only seek to bring greater convenience to users.
g) Fourtwo is not responsible for any damage, injury or loss suffered by the User due to failures in his Internet connection, with his provider, in the operating system or server used by the User, arising from third party conduct, fortuity or force majeure.
h) Fourtwo will also not be responsible for any viruses, trojans, malware, spyware or any software that may damage, change settings or infiltrate your equipment as a result of accessing, using or browsing the Internet, or as a consequence of the transfer of any data and information.
6.2. The User agrees to indemnify and/or hold harmless Fourtwo and its representatives, as the case may be, in the event of any claims, lawsuits, losses, liabilities and expenses, including reasonable attorney’s fees and legal costs, resulting from the damages it may cause or suffer directly or indirectly from the use of the Platform.
7. USER RESPONSIBILITIES AND RISKS
7.1. The User certifies that he/she uses the services of the Platform by his/hers free and unimpeded choice and acknowledges and accepts as his/hers entire responsibility and risk the use of the Platform, as well as the consequences and results of its use.
7.2. The User acknowledges and represents that he/she understands and is aware of all risks involved in the use of the Platform and the consequent contracting of its services, committing to employ the diligence and reasonably necessary and expected care of someone who contracts the services provided by the Platform.
7.3. The User acknowledges and agrees that Fourtwo only makes a prior verification of the registered Users in its database through the analysis of basic information and prior documentation required at the time of registration and related in this Term, not being responsible for the acts of its Users.
7.4. Users acknowledge that Fourtwo has no obligation to verify the accuracy of the information provided by Users.
8. INTELLECTUAL PROPERTY
8.1. Commercial use of the words “Fourtwo”, “Fourtwo Reports”, “Fourtwo Infographics”, “Fourtwo Dashboards”, “Fourtwo.IO” or “Fourtwo.com” as trademark, company name or domain name, as well as logos, trademarks, insignia, Platform layout, content of the Platform services screens, and the suite of programs, databases, networks, and files that allow you to access and use your account are the property of Fourtwo and are protected. international laws and treaties on copyright, trademarks, patents, models and industrial designs. Misuse and reproduction in whole or in part of such content is prohibited except with the express permission of Fourtwo.
8.2. By registering and using the Platform, the User agrees that Fourtwo will use, during the period of use and up to 90 (ninety) days after its end, its trademark, company name or domain name, as well as its logos or insignia, for any purpose, including commercial, advertising, and communications with third parties, without Fourtwo being due to the User.
9. SYSTEM OR DATABASE VIOLATION
9.1. The use of any device, software or other feature that may interfere with the activities and operations of the Platform, as well as accounts or its databases, is prohibited. Any intrusion, attempted, or activity that violates or contravenes intellectual property rights laws and the prohibitions set forth in these Terms will render you liable to suffer the effects of the relevant legal actions, as well as the penalties provided herein, being also responsible for indemnifying Fourtwo or its Users for any damages caused.
10.1. By accepting these Terms, the User allows the Fourtwo collect, store, use and, in its sole discretion, transmit or make available to third parties data and information provided by the applicant at the time of registration with the Platform, as well as from the use of the Platform, not individually.
10.2. Fourtwo may use Users’ personal data for analysis, study, and reporting as required for the proper functioning of the Platform.
10.3. Fourtwo implements measures it deems appropriate to protect and help prevent unauthorized access, alteration, disclosure or destruction of User information collected through the Platform, including server storage or high-security magnetic media. However, Fourtwo is not responsible for the misuse by third parties of the information provided by the User.
10.3.1. If the User considers that his/her information is misused by third parties and in disagreement with these Terms, he / she should contact Fourtwo through the following communication channels: support [at] fourtwo.io or telephone available on the Platform. In this case, Fourtwo will review the complaint and take appropriate action.
10.3.2. Fourtwo will not be liable for any damage that may arise from violation of these measures by third parties who use improper, fraudulent or illegal means to access information stored on the servers or databases used by the Platform.
10.4. Fourtwo will store User data for twelve (12) months after the expiration of the contracted plan and offer the User the possibility to receive a Dump File in standard SQL format if expressly requested by email shortly before cancellation and data is available.
10.5. Fourtwo will collect information relating to financial transactions through the Platform and may disclose it for specific purposes of using the Platform. The User hereby authorizes Fourtwo to report to third-party payment service providers if Fourtwo has reason to believe in its sole discretion that the User is engaged in any activity deemed illegal, in violation of third party rights or that otherwise violate these Terms.
10.6. Fourtwo will not be liable for any loss of User data, including due to unforeseeable circumstances, force majeure, due to breach of security and access to the Platform by unauthorized third parties.
10.7. The username and password of each User is to ensure their privacy and security. Fourtwo recommends its Users not to share this information with anyone. Fourtwo is not responsible for damages or harm caused to the User by sharing this information.
10.8. All information provided by Users to Fourtwo is protected by specialized companies and all information collected through the Platform is stored in secure and extremely restricted access environments.
10.9. Fourtwo follows the security standards commonly used by data transmission and retention companies to ensure the safety of their Users. However, no method of transmitting or retaining electronic data is fully secure and everyone may be subject to external attacks. Thus, despite using all possible and appropriate means, Fourtwo cannot guarantee the absolute security of the information provided on the internet.
10.10. User’s name, email, phone number and other data may be used to send notifications, account information or contracted services, notices of Term violations, advertising or promotional materials and other communications that Fourtwo deems useful or necessary. Users may request Fourtwo to be deleted from their mailing opt-out list.
10.11. Fourtwo will provide all information requested by the government, public agencies or direct or indirect administration, provided that it is duly justified and compatible with the law in force.
11. USER DATA POLICY
11.1. This section summarizes our User engagements in order to produce and automate the reporting process, we process your data through our systems on Facebook Pages, Facebook Ads, Google Ads, Google Analytics, Google Search Console, Google Sheets, YouTube, Twitter Ads, Microsoft Excel, and Databases. Information requested from third party APIs will always be made on behalf of Fourtwo.
11.2. When it comes to Data Processing, data is never permanently stored in our systems. In most cases, we process your data in real time. To improve performance, we may store your query results on our servers as needed for the success of your query. Please note that whenever we cache query results, we store this data in a manner that prevents unauthorized access. Any caches are deleted when they are unnecessary or when you stop using our systems.
11.3. Our staff are regularly trained in data handling and our systems are constantly monitored. Team members have access as needed. For your data we process, access is extremely restricted and we will only access it upon your written request or in case we need to debug and troubleshoot. In each case, all such access is audited.
11.4. We do not share the data you process with us with any third parties.
11.5. Fourtwo tools use only official APIs to access data.
11.6. Data transfers are made using SSL encrypted HTTPS connections.
11.7. To sign in to most data sources, our tools use OAuth. This is a secure authentication method, which means you never have to enter your password in our tools because authentication takes place on a webpage hosted by the data source (for example: Google, Facebook, Twitter or Microsoft).
11.9. Most other services we connect to also work with OAuth and provide their own interface for revoking access rights.
11.10. There are some services that still require you to enter your username and password, or API key, in our tools. All tokens, keys or passwords are stored encrypted on our systems.
11.11. Our data processing and storage takes place in the best-in-class, highly scalable, monitored data centers managed by Amazon, Microsoft, and Google.
12. GENERAL PROVISIONS
12.1. This Term does not imply or in any way imply any partnership, mandate, franchise or employment relationship between the Fourtwo and the Users.
12.2. These Terms may be modified by Fourtwo at any time and in its sole discretion. The new Terms will be effective 10 (ten) days after posting on the Platform. Within 5 (five) days from the publication, the User must express, through the communication channel provided by the company, his disagreement, if not agree with the altered terms. In this case, the contractual bond will cease to exist. If there is no manifestation within the stipulated period, it will be understood that the User has tacitly accepted the new Terms, which will continue to bind the parties.
12.3. By registering as a User on the Platform and using the products and services offered by Fourtwo, the User automatically and unconditionally agrees to be bound by these Terms and all other policies and rules made available on the Platform.
12.4. If any provision, obligation, or restriction of these Terms is, by competent court or other authority, held invalid, void, or unenforceable, all other terms, provisions, obligations, and restrictions shall remain in full force and effect and in no way be affected, impaired or invalidated.
12.5. Acceptance by either party of any breach of these Terms or omission in the exercise of any right granted herein shall not be deemed to be novation or waiver in respect of any future breach, whether similar or otherwise, or to exercise by either party to any future rights conferred by these Terms.
12.6. In the event of conflict between the Portuguese and other translations of these Terms, the understanding of the Brazilian Portuguese version shall prevail.
12.7. All items of these Terms are governed by the laws of the Federative Republic of Brazil. For all matters relating to the interpretation, compliance or any other inquiry in connection with these Terms, the parties agree to submit to the District Court of Sao Paulo, State of Sao Paulo.
Any questions, suggestions or complaints regarding these General Terms and Conditions of Use may be directed to the email (support [at] fourtwo.io) or telephone available on the Platform.