TERMS AND CONDITIONS OF USE
The provisions below regulate the use of the TÔ AQUI service (“Service”), developed by the company PRO USER APLICATIVOS LTDA, registered with the CNPJ under number 27.810.317/0001-40, hereinafter referred to as "PROUSER", headquartered in the City of São Paulo , SP, Brazil. By accessing or using any part of the Service, you represent that you have read, understood and agree to be bound by these TERMS AND CONDITIONS OF USE, including any future modifications. PROUSER may change, update or amend these Terms. If you do not agree to comply with these TERMS AND CONDITIONS OF USE, you are not authorized to use, access or participate in the Service.
I. DEFINITIONS:
I.1. For the sole and exclusive effect of these TERMS AND CONDITIONS OF USE, the following definitions should be considered:
I.1.1. SUBSCRIPTION: action carried out by the CLIENT, through various sales channels, such as, but not limited to, website, text message, voice message, application, etc., in which the CLIENT accepts to pay an amount to have access to TÔ AQUI and become a SUBSCRIBER.
I.1.2. CLIENT: natural person who has a cellular line.
I.1.3. CONTACT: any telephone number that works on a MOBILE EQUIPMENT and that is registered in the SUBSCRIBER'S or GUEST's MOBILE directory.
I.1.4. MOBILE OR CELLULAR EQUIPMENT: telecommunications device of the Personal Mobile Service, used by the CUSTOMER or GUEST, which works while moving or stationary.
I.1.5. TÔ AQUI: Mobile app available on Android and IOS platforms. Tô Aqui is a security app for the family, a finder of friends and family. Once installed, with just one click, you can access the map and see where the people who matter most are: children, parents, grandparents, friends, etc. Everyone decides who they want to share their location with and the app notifies their contacts. But at any time you can disable anyone from seeing it. You can also see the battery level of your contacts' cell phones and trigger a quick alert letting you know where you are, with just a swipe of your finger. Other functionalities may appear in the App at any time, by decision of PROUSER.
I.1.6. SUBSCRIBER: CLIENT who subscribed to TÔ AQUI and accepted the conditions of these TERMS AND CONDITIONS OF USE, becoming able to use the TÔ AQUI application. The SUBSCRIBER has the right to use all the features of the Service, as well as manage LICENSES, guest or excluding GUESTS.
I.1.7. LICENSE: SUBSCRIBER OR GUEST who has permission to use TÔ AQUI and all its features.
I.1.8. GUEST: person who has a MOBILE number, who receives a LICENSE as a gift from a SUBSCRIBER.
I.1.9. OBSERVER: person who has a MOBILE number, who has been authorized to view the location of someone who has a LICENSE.
I.2.0. PLAN: the SUBSCRIBER will adhere to a specific Plan, which entitles him to a number of licenses, one being used on the SUBSCRIBER's cell phone and the others being able to be used on cell phones chosen by the SUBSCRIBER. The Plans vary according to the Offer that will be made to the CLIENT. All the details of the PLAN, such as Amount, billing frequency and number of languages that the CLIENT can access at the same time will be presented at the time of the Offer.
II. PURPOSE OF THE TERMS AND CONDITIONS OF USE:
II.1. The purpose of these TERMS AND CONDITIONS OF USE is to establish specific conditions for using the Service.
II.2. To sign the TÔ AQUI, it is necessary to SIGN the TÔ AQUI, by accepting the conditions of these TERMS AND CONDITIONS OF USE in their entirety.
II.2.1 The SUBSCRIPTION may be carried out through several Sales Channels.
II.3. After having made the SUBSCRIPTION, the CLIENT becomes a SUBSCRIBER of TÔ AQUI, being able to access the application, authorizes PROUSER to:
II.3.1 Send free messages, about information only to the Service, without any value and/or benefit being due to the SUBSCRIBER;
II.3.2 Modify, at any time and without prior notice, the layout of the application, its functionalities or form of use, as well as the conditions required to use it;
II.3.3 Verify, at its own discretion, the veracity of the information provided by the SUBSCRIBER.
II.3.4 Automatically cancel your SERVICE, regardless of notification, in the event of cancellation of the SUBSCRIBER's CELL PHONE line (access code) or in the event that the SUBSCRIBER performs illegal acts or, in any way, affects the rights of PROUSER or third parties.
II.3.4.1 Once the SERVICE is canceled, the SUBSCRIBER and all GUESTS by him will lose access to the TÔ AQUI application.
II.4 In case of default, the SERVICE will be canceled without prior notice or notification.
II.5 If TÔ AQUI presents a problem or in case of complaint of misuse, the SUBSCRIBER must contact PROUSER, through the email suporte@prouser.co
II.6 The SUBSCRIBER hereby declares that he is fully aware that the TÔ AQUI billing is recurring and with automatic renewal.
III. SUBSCRIPTION FEES
III.1 SUBSCRIPTION to TÔ AQUI entitles you to a plan of 5 LICENSES. Thus, the customer can use a LICENSE on his cell phone and choose four other CONTACTS to use the TÔ AQUI application, covered in the same amount already paid by the SUBSCRIBER.
III.2 PROUSER may enter into commercial partnerships with other companies, which may sell and charge the service to the CLIENT in accordance with the prices and periodicities disclosed at the time of contracting. Therefore, the SUBSCRIPTION and the payment of the PLAN may be billed together with the billing of the services of commercial partners, including telecommunications services of its Operator, following the terms and conditions of use of the respective company. In that case:
III.2.1 The commercial partner, including the telecommunications operator, is only a means of collection and does not have any participation in the provision or availability of the TÔ AQUI service, and therefore, does not have any responsibility arising from the quality, characteristics, values, rights or obligations related to the services and contents accessed, so that any questions related to them must be dealt with by PROUSER.
III.2.2 Any dispute related to the entry of values for this service on the invoice of commercial partners, including telecommunications services, must be sent to the respective company through its customer service channel. If there is a dispute with the business partner and the latter exempts the USER from charging the amounts, the next charges for the service in the same charging method may be suspended and no longer authorized.
III.3 The values of each TÔ AQUI PLAN will be widely disclosed during the process of publicizing and contracting the Service.
III.4 PROUSER may, at its sole discretion, offer TÔ AQUI tasting periods, in which SUBSCRIBERS do not pay for the use of the Service for a specific period and, after this period, the charge begins.
III.5 The SUBSCRIBER agrees that the value of the subscription to TÔ AQUI may be readjusted according to current legislation, by sending a simple communication to the customer, 30 (thirty) days in advance, who will have the option to cancel the service.
IV. OBLIGATIONS OF SUBSCRIBERS
IV.1. The SUBSCRIBERS' obligations, not excluding others that may be provided for in these TERMS AND CONDITIONS OF USE and/or in current legislation, are the following:
IV.1.1. Make due payment for the services used, according to the current values of the Service Plan contracted by the SUBSCRIBER under the terms of current legislation;
IV.1.1.2 If the SUBSCRIBER does not pay for the service, PROUSER has the right to prevent or not the use of the SERVICE. It is an exclusive definition by PROUSER.
IV.1.1.3 If PROUSER allows a SUBSCRIBER who does not make the payment to continue using the SERVICE, this will not entitle other SUBSCRIBERS to use the SERVICE without paying.
IV.1.2. Observe and comply with all provisions of these TERMS AND CONDITIONS OF USE.
IV.1.3. Report illegal, improper, inappropriate or contrary to morals and good customs, as well as SUBSCRIBERS who use TÔ AQUI to disclose such information directly or indirectly.
IV.1.4. Provide accurate, current and complete information about you as requested by PROUSER in the service.
IV.1.5. Maintain the confidentiality of your password and other information related to the security of your account.
IV.1.6. Keep and promptly update all registration information provided to PROUSER, to keep this information accurate, up-to-date and complete; and be fully responsible for all use of your account and for any actions that occur through your account.
V. PROUSER'S OBLIGATIONS
V.1. PROUSER's obligations are:
V.1.1. Make available, in accordance with the provisions of these TERMS AND CONDITIONS OF USE, the use of TÔ AQUI to the SUBSCRIBER.
V.1.2. Check the origin of complaints made by SUBSCRIBERS and take the necessary measures, in accordance with the provisions of these TERMS AND CONDITIONS OF USE. It is hereby established that any action must be taken only within the scope of TÔ AQUI, and PROUSER is not responsible for any action related to other services or users not registered in TÔ AQUI.
SAW. LIMITATION AND EXCLUSION OF WARRANTIES AND LIABILITIES
VI.1. PROUSER is not liable for any damages and/or losses of any nature that may arise from the use of the services and/or information made available through TÔ AQUI, mainly, but not exclusively, if such damages and/or losses result from failures in the telephone network or data network, including wi-fi, failures in access to different existing sites, transmission, dissemination, storage or making available to third parties of information through the services made available to SUBSCRIBERS.
VI.2. PROUSER is not responsible for damages and/or losses of any nature that may arise from access and, where applicable, from interception, elimination, alteration, modification or manipulation, in any way, of the information that SUBSCRIBERS transmit, disseminate, store, make available, receive, obtain or have access through the use of the services object of this Term.
VI.3. PROUSER does not have the obligation to control the content and nature of the information transmitted, disseminated or made available to third parties by SUBSCRIBERS through TÔ AQUI, therefore having no interference or obligation or utility over the creation, transmission or dissemination of information made available through TÔ AQUI, including with regard to its authorship or intellectual property rights.
VII. VALIDITY
VII.1. These TERMS AND CONDITIONS OF USE will be in force for an indefinite period, and the SUBSCRIBER, from the time of signing the Service, must observe its terms and conditions. PROUSER reserves the right, at any time, to terminate or change these TERMS AND CONDITIONS OF USE, upon prior notice and disclosure on its service channels and website.
VIII. TERMINATION AND TERMINATION
VIII.1. Both PROUSER and the SUBSCRIBER may terminate these TERMS AND CONDITIONS OF USE at any time, unilaterally and unjustifiably.
VIII.2. These TERMS AND CONDITIONS OF USE may be terminated in the event of total or partial breach of any clause by the other party.
VIII.3. PROUSER reserves the right to suspend or cancel TÔ AQUI, upon prior notice.
IX. APP LICENSE
IX.1. Subject to the TERMS OF USE AND PRIVACY, PROUSER grants you a non-transferable, non-exclusive license to download, install and use one copy of each application in object code format only on an interactive wireless device that you own or control. You may not derive or attempt to derive the source code of all or part of any Application, allow any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble or translate any application or any part thereof. PROUSER owns and retains all intellectual property rights and other rights in and to the Application, and any changes, modifications or corrections thereto. The TERMS OF USE AND PRIVACY apply to you only if you are using the apps.
IX.2. You acknowledge and agree that these TERMS OF USE AND PRIVACY are solely between you and PROUSER.
X. PROPERTY RIGHTS IN THE SERVICE CONTENT
X.1. All content available through the Service, including designs, text, graphics, images, information, software, audio files and other files, and their selection and organization, are the property of PROUSER. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, copied, displayed, published, transmitted or sold in any way or by any means, any item or part thereof, except as expressly authorized by PROUSER.
X.2. You may not use data mining methods, use, scrape or similar data collection or extraction to obtain Service Content.
X.3. Between you and PROUSER, all data, information and materials generated from your access to and use of educational activities available on or through the Service are the property of PROUSER. You will not have the right to use these activity materials unless expressly authorized by PROUSER.
XI. USE OF TRADEMARKS
XI.1. “TÔ AQUI” and all other trademarks, service marks, graphics and logos used in the Service are trademarks or service marks of PROUSER. Access to and use of the Service does not grant or provide you with the right or license to reproduce or use the TÔ AQUI name or any PROUSER trademark, service mark, graphic or logo.
XII. FINAL PROVISIONS
XII.1. By using TÔ AQUI, the SUBSCRIBER undertakes to respect and comply with the provisions contained herein, as well as the current and applicable legislation.
XII.2. The parties elect the forum in the city of São Paulo, SP, Brazil to resolve any doubts and problems.
XII.3. PROUSER is entitled to review the terms, conditions and values of this document, as well as suspend or cancel the service, upon prior notice of 30 days.
XII.4 This contract was originally written in Brazilian Portuguese. To the extent that any translated version of this agreement conflicts with the Portuguese version, the Portuguese version controls.