NEOGRID INFORMÁTICA LTDA, private-law legal entity, enrolled in Brazil, headquartered at Avenida Santos Dumont, nº 935, 4th floor, Santo Antônio, in the city of Joinville, Santa Catarina state, Brazil, NEOGRID NORTH AMERICA LLC, private-law legal entity, enrolled in the United States of America, wiht number 52-2242825, with registered office at 601 Brickell Key Drive, Ste 901, Miami, FL, 33131, USA, NEOGRID NETHERLANDS B.V., enrolled in Netherlands, whit number 34106678, with registered office at Keizer Karelplein 8 C, 6211TC Maastricht, hereinafter referred to simply as “NEOGRID”.
1.1. These Terms apply to USERS who access and use the PORTAL features and its service in a single environment, of NEOGRID solutions (products) contracted by the Customer and Support (“Services”) belonging exclusively to the PORTAL.
1.2. The Services provided and made available through the PORTAL are intended for USERS who access the PORTAL via the portal.neogrid.com website .
1.3. USERS are all individuals who access or interact with the PORTAL.
1.4. All USERS must, without distinction, be over 18 (eighteen) years old, have full legal capacity to accept these Terms and use the Services offered.
1.5. The PORTAL may change the eligibility criteria for access and use at any time, without having to make any type of communication or provide prior notice to the USER.
2. Portal Obligations and Responsibilities
2.1. The PORTAL and its features are presented to the USER in their present condition, and may undergo constant improvements and updates; therefore, the PORTAL shall:
2.1.1. Display the features and Services in a clear, complete, accurate and sufficient manner so that there is an exact perception of the operations performed, and
2.2. NEOGRID will use its best efforts to maintain availability of the PORTAL. However, there may be some temporary unavailability due to necessary maintenance or even due to force majeure, epidemics and pandemics, wars, stoppages, strikes, natural disasters, unforeseeable circumstances, failures in communication systems and Internet access or third-party events that are outside its sphere of surveillance and responsibility, as NEOGRID is not responsible for any of these events, nor for the PORTAL unavailability.
2.2.1. If this occurs, NEOGRID will do everything in its power to reestablish access as soon as possible, within the technical limitations of its services and third-party services, that the PORTAL depends on to be available.
2.3. The PORTAL is not responsible:
2.3.1. For failures in accessing the PORTAL resulting from circumstances related to unavailability of the Internet in general, power outages, digital or physical malfunction of any telecommunications network, interruptions or suspensions of connection and failures in the software and/or hardware utilized by the USERS;
2.3.2. For any operating problems (bugs) that occur in the devices/equipment of USERS and that are the result of regular use;
2.3.3. For errors on USERS' systems that modify data or information of Services;
2.3.4. For any direct or indirect damage caused by third-party events, such as hacker attacks, system, server or Internet connection failures, including malicious software actions such as viruses, Trojan horses and others that may, in some way, damage the equipment or the connection of USERS as a result of accessing, using or browsing the PORTAL, as well as the transfer of data, files, images, texts, audios or videos contained therein;
2.3.5. For the information contained in the registrations processed through the PORTAL, it being certain that the data contained in the registrations are the sole responsibility of the respective USERS, who will be solely responsible for the civil and criminal sanctions that may result from incorrect data;
2.3.6. For communications, announcements, comments, or statements expressing thoughts, made by the USER, in any of the PORTAL's features, at any time.
2.3.7. For any fraudulent electronic communications that collect personal data from its USERS (phishing).
2.3.8. The PORTAL may, according to its business objectives, temporarily discontinue, modify or suspend the features, Services and/or content of the PORTAL, at its sole convenience, whenever it deems necessary to offer the best Services to the USER.
2.3.9. The PORTAL may, at any time, modify, adapt or remodel the content, layout, features and/or tools related to the PORTAL, as long as it is in compliance with Brazilian legislation, in particular Law No. 13,709 of 2018 (Personal Data Protection Law) and Federal Law No. 12,965 of 2014 (Brazilian Civil Rights Framework for the Internet).
2.4. The PORTAL may also undergo scheduled downtime to perform maintenance, updates and configuration adjustments on the PORTAL, aiming at improving the quality of the Services provided to its USERS, making their best efforts so that the maintenance period does not coincide with business hours or peak access.
2.4.1. However, if there is an emergency maintenance to be performed, it may occur during business or peak hours, and without prior notice, and in these cases, the PORTAL will not be held responsible for the unavailability, as there is well-founded justification for the maintenance to occur this way.
2.5. The PORTAL will not be responsible, under any circumstances, for any losses and damages, including loss of profits, related to the suspended access to the PORTAL. USERS do not have the right to demand availability of the PORTAL as best suits them, nor will they be able to claim indemnity or repair damages in case the PORTAL remains offline, regardless of the reason.
2.6. The PORTAL may, at its sole discretion and without any obligation, at any time, in order to minimize the risk of human error and/or misuse of the PORTAL, temporarily make specific services or features unavailable until any non-conformities are readjusted.
3. Users Obligations and Responsabilities
3.1. USERS are responsible for and undertake to:
3.1.1. Use the PORTAL ethically and according to the rules, respecting the conditions that govern its use and purpose.
3.1.2. Be responsible for the correct use and all activities performed under their access account, in particular, for the use of their login and password, which are for their exclusive use, and may not be disclosed to third parties, under penalty of having their registration excluded from the PORTAL, in addition to having to compensate the damages that arise from this improper disclosure. The USER is solely responsible for all activities associated with their access account. In case of loss, neglect, or suspicion of misuse of their account, NEOGRID must be notified immediately so that the appropriate measures can be taken.
3.1.3. The USER undertakes herein to be fully responsible for the safekeeping and confidentiality of his or her login and password, as well as for the improper use by third parties. The credentials for accessing the PORTAL must be treated as confidential and must not be shared. When confirming the registration on the PORTAL, the USER states to be fully aware that he or she will be solely responsible for the operations conducted through his or her login, whose access will only be allowed after providing the password for exclusive, personal and non-transferable use.
3.1.4. The USER must avoid unauthorized access or use of the PORTAL under his or her access account and will immediately notify NEOGRID of such unauthorized use if it occurs.
3.1.5. USERS are not allowed to choose aggressive, hurtful expressions, which coincide with the brands of products or services of third parties, company names, advertising expressions, names or pseudonyms of people and companies notoriously known or not, or registered by third parties, or that do not refer to the identity of the individual making the registration or the company that he or she represents and, in general, contrary to the law, order or requirements of commonly accepted morals and good manners.
3.1.6. Provide correct and updated registration data and information, in addition to informing the contact channel that can be reached by the PORTAL for the best execution of the Services, being liable and criminally responsible for all the information they provide to the PORTAL, undertaking to update this information whenever there is any change by email or phone;
3.1.7. Have compatible devices and equipment, Internet connection service with antivirus and firewall enabled, as well as duly updated software;
3.1.8. Respect all intellectual property rights owned by the PORTAL, such as all rights related to third parties that may be or may have been, in some way, available on the PORTAL;
3.1.9. Not transmit materials containing computer viruses or other malicious code, files, scripts, agents or computer programs;
3.1.10. Not maliciously exploit the security of the PORTAL for the practice of unlawful acts, prohibited by law and theseTerms, damaging the rights and interests of the PORTAL and third parties, or which that may, in any way, damage, disable, overload or deteriorate the PORTAL;
3.1.11. Be exclusively responsible for any damage that they cause to the PORTAL or to third parties due to non-compliance with the obligations provided herein or the non-accuracy of the information provided, and there shall not be subsidiarity of the obligation, nor solidarity with the PORTAL.
3.2. The features that are part of the PORTAL are offered in the form of a Service provision, as no rights are granted to the USER over the software used by the PORTAL, its content or the IT structures that support it.
3.3. The potential removal, blocking or suspension of any content or feature of the PORTAL as a result of any complaint shall always be understood as a demonstration of the intention to avoid damages and losses in good faith and the intention of amicable resolution of conflicts, never as recognition of guilt or any infraction by the PORTAL regarding the right of a third party.
4. Use of Images and Data entered by the User
4.1. The USER will be responsible for the images, characteristics, specifications and other information regarding the USER's products published on the PORTAL (“Data”).
4.2. The USER may choose to include the DATA, or, prior and expressly request the NEOGRID support team to include the DATA. In any case, the USER will always be responsible for product registrations, with NEOGRID and/or any third parties not incurring any fault, willful misconduct, or consequent breach of contract. It is expressly agreed between the Parties that the responsibility for the correct provision of DATA, when registration is carried out by NEOGRID, will lie with the USER.
4.3. The USER will be exclusively responsible, exempt from liability and indemnifying NEOGRID and/or any harmed third parties, regarding any claims or actions by third parties alleging that the DATA violates third party intellectual property rights.
Notwithstanding any provision to the contrary contained in this Agreement or in any other document, NEOGRID will under no circumstances be responsible for indirect losses or damages (or for any similar losses or damages) nor for lost profits or moral damages suffered or incurred by the USER or any third party, due to inaccuracies, fraud, violation of rights and/or any type of problem arising from the insertion of DATA into the PORTAL
4.4. It is hereby expressly authorized by the USER that NEOGRID, related companies, its partners, retailers, access and use the DATA, for use in their commercial businesses, without any burden or additional payment to thstronge USER.
5. Intellectual Property
5.1. All rights related to the PORTAL, as well as its features and brands, are owned by NEOGRID, including with regard to all intellectual property rights associated to its texts, images, graphics, brands, layouts, codes, databases and other content developed directly or indirectly by NEOGRID (“Intellectual Property Rights”); therefore, the reproduction, distribution and disclosure, in whole or in part, of the texts, figures and graphs that make up the PORTAL is prohibited without prior and express authorization from NEOGRID.
5.2. The authorization granted for use of the requested material cannot be transferred to third parties, even if linked to the authorized subject.
5.3. The submission by the USER to NEOGRID, through the PORTAL or through the channels disclosed, of content linked to ideas for new products, improvements of existing ones, advertising campaigns or any other marketing action, will imply in authorizing the PORTAL to use the content, being at the sole discretion of the PORTAL to offer any kind of monetary reward or non-financial compensation for what was sent, and the USER is not entitled to make any complaints in this regard.
6. Data Protection
7.1. Any questions or requests related to these Terms may be sent to the PORTAL through the service channels available on the PORTAL, such as online chat, ombudsman, web contact form or by phone number provided by NEOGRID.
7.2. There may also be specific service channels per contracted product (solution), requiring the USER to enter the specific solution environment to verify the available service options.
8. General Provisions
8.1. These Terms may be changed, at any time and at the sole discretion of the PORTAL, in order to reflect the adjustments made to the PORTAL and aiming at improving the features and the Service provision to the USERS.
8.2. These Terms and Conditions of Use are subject to constant enhancements and improvements. Thus, the PORTAL reserves the right to modify them at any time, according to their purpose or convenience, such as for adequacy and legal compliance related to a provision from a law or rule that has equivalent legal force, and it is the responsibility of the USERS to check this information whenever they log in to the PORTAL.
8.3. When browsing through the PORTAL and using its features, the USER agrees to be guided by these Terms that are in force on the date of access. Therefore, the USER must remain up to date.
8.4. The tolerance of any non-compliance with any provision in this document will not constitute novation of the obligations set forth herein, nor will it prevent or inhibit their enforceability at any time.
8.5. If any provision of this document is deemed unenforceable, illegal, illegitimate or without effect, the remainder of the document remains in force, without the need for a court order declaring such assertion.
8.6. These Terms do not create any other type of bond between the USERS and the PORTAL, including, without limitation, partnership, joint venture, term, representation, partnership, consortium, association, corporate group, employment relationship or similar association. The PORTAL shall remain an independent and autonomous entity.
8.7. The USER acknowledges that all communication conducted by telephone, e-mail, instant messaging application, or any other digital, virtual or physical method related to the data and information provided and registered in the PORTAL are also valid, effective and sufficient for disclosing any subject that refers to the Services provided by the PORTAL, as well as the conditions of its provision or any other matter addressed therein, except for any provisions that are different as expressly provided for in these Terms.
8.8. The PORTAL is based on the official date and times of Brasilia - Brazil.
9. Applicable Law and Jurisdiction
This document will be governed and interpreted according to Brazilian law, in Portuguese language, and the jurisdiction of the city of Joinville/SC is hereby elected to settle any dispute or controversy involving this document.
Thank you for your attention, and welcome to the PORTAL!
Update: December 2023