DEEDS TECNOLOGIA E SERVIÇOS ONLINE LTDA. , A limited liability company registered with the CNPJ / MF under No. 21.580.845 / 0001-73, headquartered in the city of São Caetano do Sul, State of São Paulo, the sole and exclusive owner of the application and domains associated with the electronic addresses www.contacoletiva.com.br and www.evenfy.com, hereinafter referred to simply as “Evenfy”, establishes, without prejudice to the application of current legislation, the present rules and conditions of use to be followed for the use of the Site and the Application, as defined in item 1.1. below ("Term of Use"):
1. DEFINITIONS
1.1. The following terms contained in this Term of Use shall have the meaning set forth below, whether in the plural or in the singular, whenever used in capital letters:
(a) Application: means the Evenfy application adapted and developed for operation on a cell phone, tablet or any other mobile device.
(b) Acceptance or Accept: means the prior consent, expressed and informed by the User in relation to the Terms of Use when performing the registration on the Site or Application.
(c) Content: means any and all information made available through the Site and the Application, such as texts, data, images, videos, audios, interactive resources, etc., including both source codes used to display such content and those in HTML, CSS, JavaScript, among others.
(d) Information: jointly means the Personal Information and any other information provided or inserted by the User when using the service provided by Evenfy.
(e) Personal Information: means any information provided by the User that in any way identifies the User, such as, but not limited to, name, address, photo or email address.
(f) Website: means the electronic addresses www.contacoletiva.com.br or www.evenfy.com or any other that will replace it.
(g) Software: means the proprietary software of Evenfy through which the information will be controlled and managed.
(h) User: means a person or entity that accesses the Site and the Application and performs its personal registration in order to enjoy the functionality offered on the Site and the Application, accepting in a total and unrestricted manner, automatically, the present Term of Use.
2. ACCESSION
2.1. In order for the User to be able to use the functionalities of the Software, it is necessary that he performs a previous registration in which he voluntarily provides his Personal Information, being obligatory the reading, understanding and Acceptance of this Term of Use by the User.
2.2. As soon as the User performs the Acceptance to this Term of Use, the provisions herein shall govern the relationship between Evenfy and the User, which is why it is recommended that the User prints a copy of this document for future reference.
2.3. Options that depend on express acceptance of the User, such as the completion of registration on the Site or the Application or permission to use his data with third parties, will only be considered accepted when the User expresses their agreement by clicking the button or link unless otherwise expressly stated in this Terms of Use.
2.4. The User acknowledges that transactions that correspond to the acceptance of certain options will be registered in the databases of Evenfy, together with the date and time the Acceptance was expressed by the User, and such information may be used as proof of acceptance option, regardless of any other formality.
3. COMMUNICATION WITH EVENFY
3.1. For any matter related to the Site, the Application, its Content, the Software or the conditions of this Term of Use, the User must contact Evenfy by means of the email contactus@evenfy.com.
4. USING THE SOFTWARE
4.1. This User Agreement grants to the User a revocable, non-exclusive and non-transferable license to use the Software, provided that the User cannot use or permit the use of the Software for any purpose not expressly provided herein.
4.2. Through the Software made available on the Site and in the Application, the User will have access to a tool for the organization of his group expenses and any other kind of division of expenses that involves at least more than one participant besides the User himself.
4.3. To do so, the User may register directly on the Site or the Application, providing his Personal Information and creating a password or may register through certain third-party social networking sites (including, but not limited to Facebook) . Through one of these forms of registration the User will have access to the Site Content, the Application and the Software.
4.3.1. The User is responsible for the veracity, validity and accuracy of the Personal Information provided by him in his register, including in relation to the indication of valid email address of his ownership, and it is also incumbent on him to keep such records updated.
4.3.2. Evenfy shall have no obligation to police or inspect the Personal Information provided by Users, but may, in its sole discretion, exclude information that appears to be untrue or offensive.
4.3.3. The email and password defined by the User for access to the Content of the Site and the Application are confidential and are the sole responsibility of the User, who should contact Evenfy, immediately, in the event of compromise of its secrecy, under the terms of Item 8.9 below.
4.4. The usage of the Software by the User is personal and non-transferable, solely for lawful purposes related to the purpose to which the Site and the Application are intended, under the terms of this Term of Use. In no case will the User have access to the source code of the Software now licensed , because this is intellectual property of Evenfy.
4.5. Services or products may be offered by companies, without any link to Evenfy ("Advertisers"), and the User may, at his sole discretion, contract these services or not. observing the provisions of Item 10.1 (b) below.
4.6. Notwithstanding the above, Evenfy guarantees that said Advertisers will not have access to the Personal Information without the previous and express authorization of the User.
5. PAYMENT
5.1. Some of the services contracted through the Site and the Application must be paid through mobile applications or payment platform made available on the Site and the Application, which provide payment systems and security and anti-fraud tools.
5.2. Evenfy does not, in any event, have access to the information provided by its Users outside the Site and the Application.
5.3. The Processing of payment information and the confirmation of payment will be carried out by the respective mobile application or payment platform available on the Site and the Application, in which case the Site and the Application will be a mere interface between the User and the payment system.
5.4. The execution of the Software may be suspended if payment is not approved by the collection system, in which case no liability will be attributed to Evenfy.
5.5. EVENFY IS NOT RESPONSIBLE FOR BANK DATA AND INCOMPLETE INFORMATION OR INFORMATION INCORRECTLY PROVIDED.
6. INFORMATION PROVIDED
6.1. In order to enable the full functionality of the Site and the Application, if it is in the User's interest, it shall inform to Evenfy the Information necessary to use the offered service.
6.2. EVENFY SHALL NOT BE LIABLE FOR INFORMATION PROVIDED BY THE USERS, WHETHER AS TO THE ACCURACY OF THE DATA OR THEIR VERACITY.
7. LIMITATIONS OF USE AND INTERFERENCE
7.1. The User cannot:
(a) Use the Site or the Application to disclose information in any way that may imply a violation of applicable standards in Brazil, property rights of Evenfy and / or third parties or good practices, including, without limitation, breach of intellectual, copyright and privacy rights, or the production and dissemination of illegal, immoral, inappropriate or offensive content;
(b) Copy, assign, sublicense, sell, lease or guarantee, reproduce, donate, dispose of in any way, transfer in whole or in part, in any form, gratuitously or onerously, provisionally or permanently, the Software, as well as its modules, parts, manuals or any information relating thereto;
(c) To use software, techniques and / or devices for the improper use of the Site, the Application and / or the Software for practices harmful to Evenfy or to third parties, such as exploits, spamming, root kits, etc .;
(d) Reproduce, adapt, modify and / or use, in whole or in part, for any purpose, the Software or any Content of the Site or the Application without the express authorization of Evenfy;
(e) Publish or transmit any file containing viruses, worms, trojan horses or any other contaminating or destructive program, or otherwise interfere with the proper functioning of the Site, the Application or the Software;
(f) Use the Software for purposes other than that for which it was made available through Evenfy;
(g) Disclose, use or modify improperly the data of other Users; and,
(h) Use the Software, or permit its use, for the benefit of third parties.
8. CONFIDENTIAL INFORMATION AND USER SAFETY POLICY
8.1. Evenfy undertakes to maintain in confidence, integrity and security any Information made available by the User.
8.2. In order to guarantee User's privacy as well as the security of its Information, Evenfy undertakes to regularly reassess its security policy and adapt it as necessary.
8.3. Under no circumstances, Evenfy will sell or make available the User Information, being certain that it will only use them for the following purposes, with which the User expressly agrees and gives:
(a) Send to the User any administrative notification, alerts and communications relevant to the User;
(b) To comply with the purpose of the Site and the Application;
(c) Identify the Users' profile, wishes or needs in order to improve the products and / or services offered by the Site and the Application;
(d) Perform generic statistics to monitor the use of the Site and the Application;
(e) Marketing research, project planning of Evenfy; and,
(f) Troubleshooting the Site or the Application, checking and protecting Personal Information of the Site and the Application against errors, fraud or any other electronic crime.
8.4. Periodically, Evenfy may request completions of the Personal Information to the User, being certain that he will always have the option to provide them or not.
8.5. If there is any change in the Personal Information provided by the User, the User undertakes to inform Evenfy of such changes in order to ensure the correct use and operation of the Site and the Application.
8.6. When the User accesses the Site or the Application, Evenfy may collect technical navigation information, such as the browser type of the computer used to access the Site or Application, Internet protocol address, pages visited and average time spent on the Site or in the Application. This information may be used, for example, to alert the User about software compatibility issues or to improve the web design of the Site and the Application and its features.
8.7. The User's Information may be transferred to third parties as a result of the sale, acquisition, merger, corporate reorganization or any other change in the control of Evenfy. In case of any of these hypotheses, however, resulting in the transfer of the Information to third parties, the User will be informed in advance and if he does not wish to proceed with the use of the Site or the Application, he may delete his access account as provided in Item 12.4 of this Agreement In this event, the User's Information will be deleted from the Evenfy database and will not be transmitted to third parties.
8.8. Notwithstanding the Provided Information is safe under this Term of Use, the email address and password to access the Site and the Application are confidential and solely to the User.
8.9. In the event that the User believes that his email address and password to access the Site or the Application have been stolen or are known to others, for any reason, the User shall immediately communicate to Evenfy in the manner provided in Item 4 of this Agreement. Use, without prejudice to the immediate password change through the Site or the Application.
8.10. Evenfy commits itself to use cookies only to control the audience and navigation in its Site and Application and to enable the identification of segmented and personalized services to the User's profile.
8.11. Evenfy guarantees that the information collected by cookies is statistical and not personal, and will not be used for purposes other than those expressly set forth in this Terms of Use, and undertakes to take all necessary and reasonably possible measures to avoid access and use of such information by any third party, without proper authorization.
8.12. The User may avoid cookies by changing the settings of his browser, and may also delete any existing cookies.
8.13. EVENFY DOES NOT GUARANTEE THAT ANY ACCEPTED SAFETY MEASURES ARE EXEMPTED FROM ERRORS OR THAT ARE NOT SUBJECT TO THE INTERFERENCE OF THIRD PARTIES (HACKERS, AMONG OTHERS). BY ITS NATURE, DESPITE EVENFY'S BEST EFFORTS, ANY SAFETY MEASURE MAY FAIL AND ANY DATA OF THE USER SUPPLIED TO OR COLLECTED BY EVENFY MAY BECOME PUBLIC. BY ACCEPTING THE TERM OF USE AND / OR USING EVENFY THE USER UNDERSTANDS AND ASSUMES EXPRESSLY THIS RISK AND AGREES THAT EVENFY WILL NOT BE RESPONSIBLE FOR SUCH DAMAGE.
9. INTELLECTUAL PROPERTY
9.1. The User does not acquire, through this Term of Use, any intellectual property rights or other exclusive rights, including patents, designs, trademarks, copyrights or rights to confidential information or business secrets, regarding or related to the Software, to the Site and / or the Application, which are the exclusive property of Evenfy.
9.2. In the event that the User develops a new module or product that characterizes a copy, in whole or in part, whether in the data dictionary or in the program, it will be considered as part of the Software, and therefore its property will be incorporated by Evenfy and its conditioned use to this Term of Use.
9.3. The User may download or print a copy of the information, spreadsheets and graphics made available through the Site and the Application provided for personal and non-commercial use. Any use of this material and / or the Site Content and the Application, in whole or in part, other than for the User's personal use, under the terms of this Term of Use, without prior written consent of Evenfy, is expressly prohibited .
9.4. The User understands and agrees that any information made available to Evenfy, such as but not limited to Personal Information and any other registration information, is provided for full use of the Site and the Application by the User and shall be used by Evenfy only for the purposes proposed herein.
9.5. Evenfy may, in its sole discretion, at any time, and without the need for prior communication to the User:
(a) Terminate, modify or suspend, totally or partially, the User's access to the Site or to the Application, when said access or registration is in violation of the conditions established in this Term of Use;
(b) Exclude, in whole or in part, any information registered by the User that is not in accordance with the provisions of this Term of Use; and,
(c) Add, delete or modify the Content offered on the Site or the Application.
9.6. Evenfy may also, in its sole discretion, suspend, modify or terminate the activities of the Site and / or the Application, prior notice to the User, except in the event of a fortuitous event or force majeure.
9.7. At any time, upon prior notice to the User at the e-mail address indicated by the User in his personal register or by means of notice on the Site or Application, Evenfy may also:
(a) Define prices for the offer of certain contents and / or services, even if they were initially offered free of charge, and their use, after said notice, is considered as a User agreement with such prices; and,
(b) Send to the User e-mail messages or other correspondence of informative, commercial and / or promotional character, unless expressly requested otherwise by the User.
10. LIMITATION OF LIABILITY
10.1. IN VIEW OF THE CHARACTERISTICS INHERENT OF THE INTERNET ENVIRONMENT, EVENFY IS NOT LIABLE FOR CONNECTION INTERRUPTIONS OR SUSPENSIONS, COMPUTER TRANSMISSIONS INCOMPLETE OR THAT FAIL, AS WELL AS FOR TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WICKED ELECTRONIC OPERATION OF ANY NETWORK, HARDWARE OR SOFTWARE, THE UNAVAILABILITY OF ACCESS TO THE INTERNET OR THE SOFTWARE, AND ANY INCORRECT OR INCOMPLETE INFORMATION ABOUT THE SITE AND THE APPLICATION, AND ANY HUMAN, TECHNICAL OR OTHER FAILURE IN THE PROCESSING OF THE SITE INFORMATION AND THE APPLICATION WILL NOT BE CONSIDERED AS BEING RESPONSIBILITY OF EVENFY, FOR WHICH EVENFY WILL BE EXEMPTED OF ANY LIABILITY ARISING FROM SUCH FACTS AND / OR ACTS.
10.2. EVENFY WILL NOT ANSWER, IN NO EVENT, EVEN IF SOLIDARY OR SUBSIDIARY:
(A) FOR THE AUTHENTICITY, VALIDITY AND ACCURACY OF THE INFORMATION PROVIDED BY THE USERS AS PROVIDED FOR IN ITEM 6 ABOVE, BEING THE USER RESPONSIBLE TO VERIFY, ON HIS OWN ACCOUNT, THAT SUCH INFORMATION IS TRUE AND COMPLETE BEFORE MAKING ANY DECISION BASED ON THEM;
(B) FOR THE SERVICES OR PRODUCTS OFFERED ON THE SITE AND THE APPLICATION BY ANY ADVERTISERS OR ANY THIRD PARTY, INCLUDING REGARDING THEIR AVAILABILITY, QUALITY, QUANTITY, ESSENTIAL CHARACTERISTICS, OFFERS, PRICES, PAYMENT METHODS OR ANY OTHER ITEMS REFERRED TO THEREIN;
(C) FOR ANY INJURY SUFFERED BY USERS OR THIRD PARTIES IN CONNECTION WITH THE MAKING OF DECISIONS BASED ON THE INFORMATION AVAILABLE ON THE SITE AND IN THE APPLICATION;
(D) FOR ANY INJURY SUFFERED BY THE USERS IN RESPECT OF FAILURES IN THE COMPUTER SYSTEM OR IN SERVERS THAT ARE INDEPENDENT OF THE FAULT OF EVENFY OR IN ITS CONNECTIVITY WITH THE INTERNET OF GENERAL MODE, THE USER SHOULD MAINTAIN, AND PAY FOR THOSE HIMSELF, TELECOMMUNICATION LINE , MODEM, COMMUNICATION SOFTWARE, ELECTRONIC MAIL ADDRESS AND OTHER RESOURCES NECESSARY TO COMMUNICATE WITH EVENFY;
(E) FOR DAMAGES CAUSED BY PROGRAMS HARMFUL TO THE SOFTWARE, SUCH AS, BUT NOT LIMITED TO, VIRUSES, TROJANS AND HACKERS;
(F) FOR SITUATIONS OF A RANDOM CASE OR FORCE MAJEURE, PURSUANT TO ARTICLE 393 OF THE BRAZILIAN CIVIL CODE.
10.3. EVENFY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE MEET THE USER'S REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY FUNCTIONALITY WILL CONTINUE AVAILABLE, THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED OR THAT THE SOFTWARE WOULD BE COMPATIBLE OR OPERATE WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS, OR SERVICES.
10.4. EVENFY IS NOT RESPONSIBLE FOR ANY FINANCIAL DECISION TAKEN BY THE USER ON THE BASIS OF THE INFORMATION OBTAINED THROUGH THE USE OF THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY DECISION TAKEN USING ANY INCORRECT / UNDACUTABLE INFORMATION AVAILABLE BY EVENFY. IT WILL BE THE EXCLUSIVE RESPONSIBILITY OF THE USER TO CONFER ANY INFORMATION AVAILABLE BY EVENFY.
11. INDEMNIFICATION
11.1. The User agrees to defend, indemnify and hold harmless Evenfy and its affiliates, directors, employees and agents from and against any charges, actions or demands, including but not limited to reasonable attorneys' fees, resulting from: (i) the possible misuse of the Site, the Software, the Application and / or its Content, or (ii) the violation of the terms and conditions hereunder.
11.2. In no event will Evenfy be liable for personal injury or any incidental, special, indirect or consequential damages, loss of profits, including, without limitation, loss of profit, corruption or loss of data, failure to transmit or receive data, non-business continuity or any other commercial loss or loss arising out of or relating to the usage or the inability to use the Software for any other reason.
11.3. In the event that Evenfy is compelled, by a final court decision, to indemnify or reimburse the User for damages suffered, in spite of the provisions of Item 11.2 above, the value due to the User shall be limited to the total amount effectively paid by the User to Evenfy as a result of the functionality offered by the Site and the Application.
12. DURATION, TERMINATION AND REPENTANCE
12.1. This Term of Use shall remain in force for an indefinite period, from the User's Acceptance, and may be modified or terminated unilaterally by Evenfy at any time, without any charge, through simple communication through the Site itself, the Application or message to the email indicated in the User's personal register.
12.2. The User may, at any time, request the suspension and / or exclusion of his account by accessing the Site or the Application, terminating its relationship with Evenfy, upon request made directly through the Site or the Application.
12.3. If the User requests the suspension and / or exclusion of his account to access the Site or Application within seven (7) days of the completion of his registration on the Site or Application, Evenfy undertakes to carry out legal and bureaucratic procedures aiming at the return of the amounts actually paid by the User. Nevertheless, EVENFY WILL NOT BE LIABLE FOR THE TERMS AND PROCEDURES USED BY THE CREDIT CARDS OPERATORS IN CONNECTION WITH THE CANCELLATION AND / OR ARRANGEMENTS OF THE EFFECTIVELY PAID VALUES.
12.4. In case the User chooses to exclude his account for accessing the Site or the Application, his Personal Information will be removed from Evenfy database within a maximum of 48 hours, counting from the account closure request, and it is not possible to recover them later.
12.5. Once the request for suspension and / or deletion of the access account to the Site or the Application by the User has been confirmed, the User's ability to log in will be disabled immediately.
13. MODIFICATIONS
13.1. Evenfy may, at any time, change this Term of Use, in its sole discretion. Any changes to these Terms of Use will be informed through the Site and Evenfy Application.
13.2. The date of the last update made by Evenfy in the Term of Use will always be indicated.
13.3. The User understands and agrees that, once the change of this Term of Use on the Site and the Application has been published, the use of the Site and the Application will be subject to the updated Term of Use.
14. GENERAL PROVISIONS
14.1. This Term of Use does not create any partnership, mandate, franchise or employment relationship between Evenfy and the User, its Partners and / or Advertisers.
14.2. If any provision of this Term of Use is found to be unlawful, void or unenforceable for any reason, the remaining provisions shall not be affected and shall remain valid and enforceable to the maximum extent possible.
14.3. This Term of Use constitutes the entire agreement on the conditions of use of the Site, the Application and the Software. By means of Accept the User declares to have knowledge of the rights and obligations arising from this Term of Use, having read, understood and accepted all the terms and conditions.
14.4. Any failure of Evenfy to impose or exercise any provision of this Term of Use or related rights does not constitute a waiver of such right or provision.
15. APPLICABLE LAW AND FORUM
15.1. This Term of Use shall be construed exclusively under the laws of Brazil.
15.2. The parties elect the Forum of the District of São Paulo, State of São Paulo, as the only one competent to settle any litigation resulting from this Term of Use.
15.3. The contractual clauses of this Term of Use were last updated on June 23, 2020 and will remain available at www.evenfy.com for Users' consultation.