1. ACCEPTANCE OF TERMS AND CONDITIONS
These general terms and conditions of use (“Terms and Conditions”) regulate the use of the services (“Services”) made available on the website https://moblix.com.br (“Moblix” or “Site”) by Moblix Desenvolvimento and Licensing of Computer Programs Ltd., legal entity headquartered at Quadra 103, Águas Claras, Brasília – DF, Brazil, registered with the CNPJ/MF under nº 37.977.584/0001-71.
This Site may be accessed by individuals or legal entities (“User”). Users under 18 years of age may only register, as defined below, and use the Site and Services through representation or assistance of their legal guardians, who will be responsible for any and all unlawful acts committed by the minor in relation to the Registration. , Website and Services.
The registration, access and/or use of the Services and the Site by the User implies the full and unreserved acceptance of all the Terms and Conditions. Thus, the User must carefully read these Terms and Conditions at the time of registration and on each occasion when accessing the Site, as these Terms and Conditions are subject to changes, which will be communicated to Users under the terms of these Terms and Conditions. If the User does not accept any term or condition, he/she must immediately cease using the Site.
Moblix may change the Terms and Conditions at any time, by simply communicating the changes to Users, as follows, at Moblix’s discretion:
(i) publication of the new version of the Terms and Conditions on the Site; or
(ii) e-mail the User with a link to the updated Terms and Conditions. If a new version of the Terms and Conditions is published on the Site, Moblix will have no obligation to send the User a link to the updated Terms and Conditions.
2. USER REGISTRATION
2.1 The use of the Services made available to Users through the Site, as described in item 3 of these Terms and Conditions, can only be carried out upon prior and complete registration of the User on the Site, subject to acceptance, by Moblix, of the data provided. by the User (“Registration”). More than 1 (one) Registration per User will be allowed.
2.2 By completing the Registration form, the User agrees to:
(a) provide true, certain, exact, current and complete information (“User Information”), which will be processed and stored on Moblix servers or partners contracted by Moblix (“Partners”), which have the proper security and protection of the information contained therein.
(b) keep User Information up to date at all times so that it remains true, certain, accurate, current and complete.
2.3 If the User provides false, incorrect, outdated or incomplete information, or if Moblix has reason to suspect that the User Information is false, incorrect, outdated or incomplete, as well as if the User is in disagreement with the Terms and Conditions and other Moblix policies or with any information available on the Site, Moblix will have the right to suspend or terminate the User’s access to the Services, as well as to reject any new access to one or more Services by the User, without payment of any fine and/or compensation.
2.4 Upon completion of the Registration form, the User will be informed, within 3 days, through the e-mail address provided in the form, about the acceptance and registration of his Registration.
2.5 The User must have legal capacity and hold all the necessary authorizations and permissions to perform the Registration and to use the Services, not being, under any circumstances, under legal and/or contractual impediment.
2.6 The Username and Registration password are for strictly personal use and must not be used by unauthorized third parties (including employees or representatives of the User who have not been expressly authorized). The custody, secrecy and use of the User’s name and password are the exclusive responsibility of the User, who undertakes to make diligent use of them, as well as not to make them available to unauthorized third parties.
2.7 The User undertakes to immediately notify Moblix in case of loss, theft or suspicious use of the User’s name or password, as well as in case there is any risk of access to them by an unauthorized third party. In this case, the User must immediately notify the Moblix Customer Service Center, through the email firstname.lastname@example.org.
2.8 Moblix reserves the right to deny or withdraw access to the Site, at any time and without prior notice, to those Users who are not in strict compliance with these Terms and Conditions and other regulations for using the Site.
2.9 The User is not allowed to assign, transfer, sell, rent, or in any other way dispose of the Registration to third parties, nor create a new Registration after canceling the original Registration due to violations of the Terms and Conditions and other Moblix policies, unless otherwise authorized by Moblix.
2.10 Moblix reserves the right to refuse any Registration request and to cancel a previously accepted Registration.
3. USE OF SERVICES
3.1 Once registered on the Site, the User may make use of the Services, according to the selected plan, consisting of:
(a) Virtual Store: Virtual store with the capacity to make available to the general public, through the internet, the sale of the User’s products or services, without the need to contract a hosting service (“Store”), provided that that the content sold on the Store complies with these Terms and Conditions and other policies in force.
(b) Administration Panel: When creating the Store, the User will be able to manage his products, being able to upload and edit photos, their descriptions and prices, through an administration panel available for this purpose.
3.2 The User undertakes to follow the legislation in force for the offer of products and services in the Store, including, but not limited to, Laws No. information in a prominent and easy-to-view location:
(i) business name and registration number of the supplier, if any, in the National Register of Individuals (“CPF”) or in the National Register of Legal Entities (“CNPJ”) of the Ministry of Finance;
(ii) physical and electronic address, and other information necessary for your location and contact;
(iii) essential characteristics of the product or service, including risks to the health and safety of consumers;
(iv) price breakdown of any additional or ancillary expenses, such as delivery or insurance;
(v) full conditions of the offer, including payment terms, availability, form and term of service execution or delivery or availability of the product;
(vi) clear and conspicuous information regarding any restrictions on the enjoyment of the offer; and
(vii) clear and conspicuous information regarding the collection and protection of visitors’ personal data and their access records to the Store, noting that the data will be shared with and processed on Moblix or Partners’ servers.
3.3 The User undertakes to obtain the free, express and informed consent of the Store visitors so that their personal data and access records to the Store are transferred and processed by Moblix and the Partners exclusively for the provision of services by the User.
3.4 The User acknowledges that he will not be able to advertise other means of payment on the Store other than those expressly provided for by Moblix.
4. PRICE AND PAYMENT FOR SERVICES
4.1 The current and updated prices for the use of the Services are described and informed on the Website, except for stores that sell more than 20 thousand requests for air ticket searches in the same month, which will have a personalized plan agreed directly with a consultant, and the prices of the different packages will be informed in detail at the time of contracting the Services. The prices charged are subject to change, at any time, upon prior notice to the User, in accordance with the procedure set out in item 1.5.
4.2 Any online payment for the Services provided will be made (i) through external payment gateways provided by third parties authorized by Moblix; (ii) bank transfer, as enabled; or (iii) any other means or services provided by enabled third parties in the future. Moblix is not responsible for any inconvenience, damage, injury or loss of money that may occur during payment processing, and the User must complain directly to the service provider of the payment method used.
4.3 The User must pay for the Services provided through the Website within the terms and in the manner detailed on the Website, as informed to the User at the time of contracting. The delay will be constituted by the simple expiration of the stipulated payment period, without any need for judicial or extrajudicial interpellation, and Moblix will be able, at its sole discretion, to close the User Registration in the absence of payment.
4.3.1 If the User makes the payment after the period stipulated on the Site, Moblix reserves the right to deduct the time of use provided as an advance from the new period paid.
4.4 Once the Services are contracted, Moblix will issue the corresponding invoice.
4.5 As the Services work with advance payment, if the User for any personal reason gives up using the services before the end of the period for which the payment was made, Moblix is not obliged to return the amount paid.
4.6 The current and updated prices for the use of the Services are described and informed on the Site, and the prices of the different packages will be informed in detail at the time of contracting the Services. The prices charged are subject to change, at any time, upon prior notice to the User, in accordance with the procedure set out in item 1.5.
4.7 RIGHT TO CHANGE PRICES: Moblix reserves the right to change the prices published as an offer on the website at any time, without prior notice. In relation to the services already contracted, if there is a change in any condition of the User, the value of the service may also change, according to prior notice.
4.8 AUTOMATIC RENEWAL: The monthly Services will be automatically renewed, that is, in the case of contracting the Monthly Accounting Services Plan, the amount corresponding to the service plan will be debited monthly from your credit card or tickets will be issued.
5. USER OBLIGATIONS AND DUTIES
5.2 In particular, the User agrees to refrain from performing any of the following acts:
(i) use the Services, directly or indirectly, to violate any applicable law, regardless of its nature, whether municipal, state, federal or international; morals, good customs or public order, which includes, but is not limited to, offering products in the Store that come from theft or robbery, or that are counterfeit or illegal or violate the rights of third parties; transmit, distribute or store any information, data or materials that violate local, state, federal or international laws or regulations; send or transmit information whose content is, directly or indirectly, infringing, profane, abusive, defamatory, libelous and/or fraudulent, or to disclose private or personal matters that affect any person, or that, in any way, violate the rights of the 3rd; access the Services using false, erroneous or incomplete information, whether as an individual or legal entity; send or transmit any material to which the User does not have rights to do so, according to applicable law (including, without limitation, copyrights, trademarks, company names, trade names, insignia, titles of establishment, trade secret, patented or not patented technology, industrial design or other intellectual property of a third party) or as a result of contractual or fiduciary relationships (including confidentiality agreements);
(ii) violate or alter in any way the authentication, identity verification and/or security systems of the Services, networks or User Records and/or administrators and/or persons responsible for the Services, including, without limitation, attempting to access data not intended for the User, attempt to access Services or accounts without express authorization to do so, or attempt to access or change in any way and at any level of security the Moblix network; promote interruptions, changes or interruptions in Internet communications, including altering referral and/or distribution routing information, deliberately overloading one or more Services (overflow or similar), performing cyber attacks on other computers on the Internet or other communication network of computer, global, local and/or internal, among others; use any program, command or group of commands or send messages of any nature intended to interfere with the session established by a User anywhere on the Internet; carry out any type of monitoring that involves the interception of information that is not intended for the User; send or transmit files that contain viruses or other destructive features that may adversely affect the operation of a computer and/or may affect the proper functioning of the Services; use any computer program (software), or in any other way that induces deception, with the purpose of obtaining patrimonial or commercial advantages in favor of the User or third parties, not authorized by Moblix or in disagreement with these Terms and Conditions; take actions that restrict, deny or prevent any individual, group, entity or organization from using the Services and the Internet in general. In addition, the use of any method or system, whether through a computer or not, by the User and/or third parties on his/her behalf, which is not expressly authorized by Moblix in these Terms and Conditions and/or otherwise expressly, is prohibited, and sanctions and/or procedures provided for in these Terms and Conditions, without prejudice to the sanctions and procedures provided for by law that Moblix and/or its representatives may use;
(iii) reproduce, duplicate, copy, sell, resell or exploit all or part of the Services or their contents without the express written consent of Moblix; and
(iv) present itself in the Store with an identical name or that bears any resemblance to the names and brands of third parties, including, but not limited to, “moblix”, or in any other way that suggests or insinuates that the products offered in the Store belong to third parties or Moblix or are part of third party or Moblix promotions.
5.3 It is the User’s sole responsibility to make any adjustments to the layout of their website, including changing images, logos and colors. The Moblix Platform is self service, which means that any changes can be made by the User. Moblix support does not perform this service.
5.4 The following types of action are prohibited on the website, on the Moblix Platform and on the Moblix blog and are subject to suspension and/or immediate termination of the Client’s or User’s contract.
(a) Use of our Platform to: (i) threaten or intimidate another person in any way, including restricting or inhibiting the use of our Platform; (ii) impersonate any person (including Moblix staff or other Users), or falsely attest to affiliation or impersonation of any person or company, through the use of similar email addresses, nicknames, or the creation of false accounts or any another method or procedure; (iii) disguise the origin of any Public Information that is transmitted to third parties; (iv) stalking or harassing another; (v) collect or store personal data from other users;
(b) Post any Public Information or other material: (i) that is illegal, offensive, racist, bigoted, threatening, abusive, harassing, defamatory, intimidating, vulgar, obscene, profane, libelous, that invades another’s privacy (including posting private emails or contact information from other users), hateful, racially, ethically or otherwise objectionable, including any Public Information or other material that could be considered hate speech; (ii) that is obscene, pornographic or adult in nature; (iii) that you do not have a right to make available under any law or by contract; (iv) that infringes any patent, trademark, trade secret, copyright or any other intellectual property rights or rights of any third party; (v) which is any type of unsolicited advertising or promotional material, or any other form of solicitation (including, but not limited to, “spam”, “junk mail”, and chain letters); or (vi) that is otherwise inappropriate or posted in bad faith;
(d) Offend, curse, utter injurious, slanderous or offensive words against any employee of the Moblix team;
6. LIMITATION OF LIABILITY FOR THE SERVICES PROVIDED
6.1 Moblix contracts Internet access and servers from third parties, providers of such services. The User acknowledges that the Services may eventually be unavailable due to technical difficulties, Internet or provider failures, as well as for any other reason beyond Moblix’s control, including, but not limited to, acts of God or force larger. In this way, Moblix does not guarantee the availability and continuity of the operation of the Services, in the same way that it does not guarantee the use of the Services to carry out any activity in particular, nor its perfect functioning, mainly, but without limitation, in what concerns the effective use of the Services. Services by the User, in whole or in part of the Site. Moblix is exempt from liability for damages of any nature that arise, directly, indirectly or remotely, from the interruption, suspension, termination, lack of availability or discontinuation of the operation of the Services, as well as those arising from fraudulent use of utility, revenue or benefit that Users could attribute to Moblix, the reliability of the Services, and, in particular, failures to access the Services. In accordance with applicable legislation, Moblix is not responsible for any damage, loss or loss to the User’s equipment, the service providers authorized by the User and/or third parties outside Moblix, including system, server or Internet failures. .
6.2 The User acknowledges and agrees that Moblix does not participate or intervene in the content of the Store published by the User. Therefore, the User acknowledges, guarantees and agrees that the content published on the Site through its own Registration is its sole and exclusive responsibility and has the authorization, license and/or permissions necessary for its publication in accordance with applicable legislation.
6.3 The User acknowledges and agrees that by publishing some content on its Store, other Internet users may have access to what has been published, authorizing, from now on, Moblix to display such content on the Internet, store them in its database and transfer them to its Partners, exempting Moblix from any claims and/or damages related to the use of the published content.
6.4 The User will be solely responsible for the information provided in the Store and for the fulfillment of the obligations arising therefrom, including, without limitation, quality, functioning, ownership, delivery and guarantee of the products or services marketed in the Store. Without prejudice to the other rights provided for in the legislation, Moblix is also ensuring the right of recourse against the User due to any material and/or moral damages that may be demanded from Moblix in or out of court, or that Moblix to suffer as a result of the User’s failure to comply with the obligations arising from the products or services sold in the Store.
6.5 In accordance with applicable legislation, Moblix will not be obliged to reimburse and/or indemnify any losses and damages caused by the User to third parties, as well as specific losses and damages suffered by the User, as a result of acts of third parties, not assuming any responsibility for the information and/or obligations assumed by the User through the Site.
6.6 These Terms and Conditions do not create a Moblix contract, mandate, franchise or employment relationship between Moblix and the User. The User acknowledges that Moblix is not part of any transaction carried out between Users and Users and the general public, nor does it have any control over the quality, safety or legality of the products and services offered by Users in the Store, on the veracity or accuracy of the offers. made by Users. Moblix cannot guarantee the success of any transaction promoted by Users through the Services, nor can it verify the identity or personal data of Users.
6.7 Without prejudice to other measures provided for in the Terms and Conditions and other measures provided for by law, Moblix may warn, cancel, suspend, temporarily or permanently, the User’s Registration at any time, as well as adopt the applicable legal measures, if the User does not comply with the Terms and Conditions and other Moblix policies.
7. INTELLECTUAL PROPERTY. RIGHTS RESERVED
7.1 All intellectual property rights relating to the Site and Services belong exclusively to Moblix or its licensors, including, without limitation, copyrights, trademarks, insignia, trade dress, layout, symbols, other distinctive signs, trade secrets, names domain name, software, manuals, photos, images, descriptions, texts and any and all rights incident to the development and/or use of the Site and Services, whether such rights are registered or not, and the User agrees to refrain from claiming or claim, at any time, such intellectual property rights, as if they were their property.
7.2 Moblix is the holder of rights over all databases, content, brands, images and software used in the operation of the Site and Services, protected in accordance with national and international legislation applicable to intellectual property.
7.3. The reproduction, distribution, modification, exhibition, creation of derivative works and/or any other form of use, in whole or in part, by the User or by a third party authorized by him, without the due authorization of Moblix, of such databases, contents, brands, images and software are totally prohibited under penalty of application of the sanctions and procedures foreseen in these Terms and Conditions and in the applicable legislation.
7.4 The rights to any alteration, improvement or adjustment in such Moblix databases, contents, brands, images and software shall belong exclusively to Moblix, regardless of the party that has performed them.
7.5 The User authorizes Moblix to use brands, logos, trade names and any other designations owned by the User relating to the Store (“Marks”) in association with the Site and the Services. The User agrees that Moblix may use the Marks in conjunction with any other marks, names or symbols of Moblix and/or third parties.
8. NOTIFICATIONS, ACCOUNT CANCELLATION AND PLAN DOWNGRADE
8.1 In order to send notifications regarding the Site and/or the Service, as well as to change or cancel the Registration or the Services, the User must access Cancellation within the Administration Panel, following the step by step indicated therein, or open a ticket. at the Moblix Call Center: https://moblix.zendesk.com/agent/.
Moblix offers a completely free plan for users to test the platform before subscribing. For this reason, under no circumstances will the amounts already paid be refunded in case of withdrawal. The customer, by subscribing to the plan or contracting an additional service, agrees that there will be no refund of amounts paid under any circumstances.
8.2 When requesting the cancellation of your account, the User will lose all data that are linked to your website, such as registered customers, layout settings, etc.
8.3 Considering that the more advanced plans have functionalities and features that are not available in the lower plans, MOBLIX does not allow the user to downgrade the contracted plan. If the User does not wish to continue with their current plan, they may request cancellation and, if desired, create a new platform account at any time.
8.4. The payment of Moblix’s monthly fee is made by the User for a period, that is, for the month in question, so that the cancellation of the services will not generate a refund for days left before the end of the period.
9. CONTRACTING ADDITIONAL SERVICES
9.1 Moblix, at its own discretion, may accept to make customizations, implement additional features or roadmap anticipation. In such cases, when paying for one of these additional services, the customer understands that he only has the right to enjoy such features while using the Moblix Platform.
In these cases, when contracting a customization of the platform, the customer agrees that Moblix, at its sole discretion, may share the functionality/customization with other customers, unless otherwise specified in the contract.
Under no circumstances will Moblix provide the source code of any functionality or customization, if the customer chooses not to use its platform anymore, as it is the exclusive property of Moblix.
10. APPLICABLE LAW AND JURISDICTION
Updated on: 08/17/2021.
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