PRIVACY POLICY
1. General information This Privacy Policy contains information about the way in which we process, in whole or in part, automated or not, the personal data of users who access our application. Its purpose is to clarify interested parties about the types of data that are collected, the reasons for collection and how the user can update, manage or delete this information. This Privacy Policy was prepared in accordance with Federal Law 12,965 of April 23, 2014 (Marco Civil da Internet), with Federal Law No. 13,709, of August 14, 2018 (Personal Data Protection Law) and with EU Regulation No. 2016/679 of 27 April 2016 (General European Regulation for the Protection of Personal Data - RGDP). This Privacy Policy may be updated as a result of any regulatory update, which is why the user is invited to periodically consult this Privacy Policy. the section. 2. User rights The application undertakes to comply with the rules provided for in the RGPD, in compliance with the following principles: - The user's personal data will be processed in a lawful, fair and transparent manner (lawfulness, loyalty and transparency); - User's personal data will only be collected for specific, explicit and legitimate purposes, and cannot be further processed in a way that is incompatible with these purposes (limitation of purposes); - User's personal data will be collected in an appropriate, relevant and limited way to the needs of the purpose for which they are processed (data minimization); - The user's personal data will be accurate and updated whenever necessary, so that inaccurate data are erased or rectified when possible (accuracy); - The user's personal data will be kept in a way that allows the identification of the data subjects only during the period necessary ssary for the purposes for which they are processed (limitation of conservation); - The user's personal data will be treated securely, protected from unauthorized or unlawful treatment and against accidental loss, destruction or damage, taking the necessary measures technical or organizational (integrity and confidentiality). The user of the application has the following rights, conferred by the Personal Data Protection Law and by the RGPD: - Right of confirmation and access: it is the user's right to obtain from application confirmation that personal data concerning you are or are not being processed and, if that is the case, the right to access your personal data; - Right of rectification: it is the user's right to obtain from the application, without undue delay, the rectification of inaccurate personal data concerning you; - Right to data erasure (right to be forgotten): it is the user's right to have his/her data erased from the application; - Right to limitation of data processing: it is the user's right to limit the processing of their personal data, being able to obtain it when they contest the accuracy of the data, when the treatment is unlawful, when the application no longer needs of data for the proposed purposes and when you have objected to the processing of data and in case of processing of unnecessary data; - Right of opposition: it is the right of the user to, at any time, object for reasons related to his particular situation, to the processing of personal data concerning him, and he may also oppose the use of his personal data to define a marketing profile (profiling); - Data portability right: it is the user's right to receive the personal data concerning you and which you have provided to the application, in a structured, commonly used and machine-readable format, and the right to transmit this data to another application; - Right not to be submitted to automated decisions: it is the user's right not to be subject to any decision made solely on the basis of automated processing, including profiling, that produces effects in their legal sphere or that significantly affects them in a similar way. The user may exercise their rights by means of a written communication sent to the application with the subject "RGDP-", specifying: - Full name or corporate name, CPF number (Cadastro de Pessoas Físicas, Federal Revenue do Brasil) or CNPJ (National Registry of Legal Entities, of the Federal Revenue Service of Brazil) and email address of the user and, if applicable, of his representative; - Right you wish to exercise with the application; - Request date and user signature; - Any document that can demonstrate or justify the exercise of your right. The request must be sent to the email: [email protected], or by mail, to following address: OVINOPRO Tecnopuc - Av. Ipiranga, 6681 - Partenon, Porto Alegre - RS, 90619-900 The user will be informed in case of rectification or deletion of their data. 3. Duty not to provide data from third parties While using the site , in order to protect and protect the rights of third parties, the user of the application must only provide his/her personal data, and not those of third parties. 4. Information collected The collection of data from users will be in accordance with the provided in this Privacy Policy and will depend on the user's consent, which is dispensable only in the cases provided for in art. 11, item II, of the Personal Data Protection Law. 4.1. Types of data collected 4.1.1. User identification data for registration The use by the user of certain features of the application will depend on registration, and, in these cases, the following user data will be collected and stored: - name - date of birth - email address - postal address - phone number - CPF number - CNPJ number - User Profile such as Age, Location, User Statistics. No. 4.1.2. Data informed in the contact form The data eventually informed by the user who uses the contact form available in the application, including the content of the message sent, will be collected and stored. 4.1.3. Data related to the execution of contracts signed with the user For the execution of the purchase and sale contract or the provision of services eventually signed between the application and the user, other data related to or necessary for its execution may be collected and stored, including the content of any communications with the user. 4.1.4. Access logs In compliance with the provisions of art. 15, caput and paragraphs, of Federal Law no. 12.965/2014 (Marco Civil da Internet), user access logs will be collected and stored for at least six months. 4.1.5. Sensitive data The application may collect the following sensitive data from users: - biometric data to uniquely identify a person - Data relating to the treatment and monitoring of sheep. 4.1.6. Collection of data not expressly provided for Occasionally, other types of data not expressly provided for in this Privacy Policy may be collected, provided they are provided with the user's consent, or even if the collection is permitted or required by law. 4.2. Legal basis for the processing of personal data By using the services of the application, the user is consenting to this Privacy Policy. The user has the right to withdraw his consent at any time, without compromising the lawfulness of the treatment of your personal data before withdrawal. Withdrawal of consent can be done by e-mail: [email protected], or by mail sent to the following address: Tecnopuc - Av. Ipiranga, 6681 - Partenon, Porto Alegre - RS, 90619-900 The consent of the relatively or absolutely incapable, especially children under 16 (sixteen) years old, can only be done, respectively, if properly assisted or represented. Personal data necessary for the execution and fulfillment of the services contracted by the user in the application. The processing of personal data without the user's consent will only be carried out due to legitimate interest or for the cases provided for by law, that is, among others, the following: - for the fulfillment of a legal obligation or regulatory by the controller; - for carrying out studies by a research body, guaranteeing, whenever possible, the anonymization of personal data; - when necessary for the execution of a contract or of preliminary procedures related to a contract to which the user is a party, at the request of the data subject; - for the regular exercise of rights in judicial, administrative or arbitration proceedings, the latter under the terms of Law No. 9,307, of September 23 of 1996 (Arbitration Law); - for the protection of the life or physical safety of the data subject or a third party; - for the protection of health, in a procedure carried out by health professionals or by health entities ; - when necessary to meet the legitimate interests of the controller or a third party, except in the case that the fundamental rights and freedoms of the data subject prevail that require the protection of personal data; - for the protection of credit, including regarding the provided for in the relevant legislation. 4.3. Purposes of processing personal data The user's personal data collected by the application are intended to facilitate, expedite and fulfill the commitments established with the user and to enforce requests made by filling in forms. The personal data may also be used for commercial purposes, to personalize the content offered to the user, as well as to support the application to improve the quality and operation of its services. The application collects user data in order to define profiling, that is, automated processing of personal data that consists of using this data to evaluate certain personal aspects of the user, mainly to analyze or predict characteristics related to their professional performance, their economic situation, health, personal preferences, interests, reliability, behavior, location or displacement. The registration data will be used to allow the user access to certain contents of the application, exclusive to registered users. The collection of data related or necessary to the execution of a contract of purchase and sale or provision of services eventually signed with the user will have the purpose of giving the parties legal security, in addition to facilitating and enabling the conclusion of the business. The processing of personal data for purposes not provided for in this Privacy Policy will only occur upon prior communication to the user, and, in any case, the rights and obligations set forth herein will remain applicable. 4.4. Period of retention of personal data The user's personal data will be kept for a period not exceeding that required to fulfill the purposes for which they are processed. The period of retention of data is defined according to the following criteria : the data will be stored for the time necessary for the provision of the service as well as for statistical purposes and improvement of the services provided. There is no disclosure or use of the identity of any user. Users' personal data may only be kept after the end of their treatment in the following cases: - for compliance with a legal or regulatory obligation by the controller; - for study by a research body, guaranteed, whenever possible, the anonymization of personal data; - for transfer to a third party, provided that the data processing requirements laid down in the legislation are respected; - for the exclusive use of the controller , access by a third party is prohibited, and provided that the data is anonymized. 4.5. Recipients and transfer of personal data The user's personal data may be shared with the following persons or companies: Google Analytics, Av. Brig. Faria Lima, 3477 (R. Horácio Lafer), São Paulo, SP, CEP: 04538-133 Brazil The transfer can only be made to another country if the country or territory in question or the international organization in question guarantees a level of adequate protection of user data. If there is no adequate level of protection, the application undertakes to guarantee the protection of your data in accordance with the strictest rules, through specific contractual clauses for a given transfer, standard contractual clauses , global corporate standards or regularly issued seals, certificates and codes of conduct. 5. Processing of personal data 5.1. Data controller The controller, responsible for processing the user's personal data, is the natural or legal person, public authority, agency or other body that, individually or jointly with others, determines the purposes and means of processing personal data. In this application, the person responsible for processing the personal data collected is OVINOPRO, represented by Adriano Pereira de Freitas, who can be contacted by email: [email protected] or at the address: Tecnopuc - Av. Ipiranga, 6681 - Partenon, Porto Alegre - RS, 90619-900 The application also has the following persons responsible for processing the personal data collected: Faculdade de Veterinária da UFRGS - Av. Bento Gonçalves, 9090 - Agronomia, Porto Alegre - RS, 90540-000 The person responsible for processing the data will be directly responsible for processing the user's personal data. 5.2. Data protection officer The data protection officer is the professional responsible for informing, advising and controlling the data controller, as well as the workers who process the data, regarding the application's obligations under the RGDP, the Personal Data Protection Act and other data protection provisions present in national and international legislation, in cooperation with the competent control authority. In this application the person in charge of protection (data protection officer) is Adriano Pereira de Freitas, who can be contacted by e-mail: [email protected]. 6. Security in the treatment of the user's personal data The application is undertakes to apply the technical and organizational measures capable of protecting personal data from unauthorized access and from situations of destruction, loss, alteration, communication or dissemination of such data. To guarantee security, solutions will be adopted that take into account : the appropriate techniques; application costs; the nature, scope, context and purposes of the processing; and the risks to the user's rights and freedoms. The application uses an SSL (Secure Socket Layer) certificate that guarantees that personal data are transmitted in a secure and confidential manner, so that the transmission of data between the server and the user , and in feedback, occurs in a fully encrypted or encrypted way. However, the application disclaims liability for the sole fault of a third party, as in the case of an attack by hackers or crackers, or the exclusive fault of the user, as in the case of that he himself transfers his data to a third party. The application also undertakes to notify the user within an adequate period of time in the event of any breach of the security of their personal data that may pose a high risk to their personal rights and freedoms. The breach of personal data is a breach that causes, accidentally or illicitly, the destruction, loss, alteration, disclosure or unauthorized access to personal data transmitted, stored or subjected to any other type of treatment. Finally, the application undertakes to treat the user's personal data with confidentiality, within legal limits. 7. Navigation data (cookies) Cookies are small text files sent by the application to the user's computer and which are stored there, with related information to the application's navigation. Through cookies, small amounts of information are stored by the user's browser so that our server can read them later. For example, data about the device used by the user can be stored, as well as their location and time of access to the application. Cookies do not allow any file or information to be extracted from the user's hard disk, and it is not possible, yet , that, through them, you have access to personal information that has not come from the user or the way in which he uses the features of the application. It is important to note that not every cookie contains information that allows the identification of the user, and certain types of cookies can be used simply for the application to be loaded correctly or for its functionalities to work as expected. Any information stored in cookies that allow the identification of a user is considered personal data. Therefore, all the rules set forth in this Privacy Policy are also applicable to them. 7.1. Application cookies Application cookies are those sent to the user's and administrator's computer or device exclusively by the application. The information collected through these cookies is used to improve and personalize the user experience, and some cookies may, for example, be used to remember user preferences and choices, as well as to offer personalized content. 7.2. Third-party cookies Some of our partners may set cookies on the devices of users who access our application. These cookies, in general, aim to enable our partners to offer their content and services to the user who accesses our application in a personalized way. , by obtaining browsing data extracted from their interaction with the application. The user will be able to obtain more information about third-party cookies and the way in which the data obtained from them are treated, in addition to having access description of the cookies used and their characteristics, by accessing the following link: Google Analytics The entities responsible for collecting cookies may transfer the information obtained to third parties. 7.3. Management of cookies and browser settings The user can oppose the registration of cookies by the application, simply by deactivating this option in their own browser or device. Deactivating cookies, however, may affect the availability of some tools and functionalities of the application, compromising its correct and expected functioning. Another possible consequence is the removal of user preferences that may have been saved, harming their experience. Below are some links to the help and support pages of the most used browsers, which can be accessed by the user interested in obtaining more information. information about managing cookies in your browser: Internet Explorer: https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies Safari: https://support.apple.com/en-us/guide/safari/sfri11471/mac Google Chrome: https://support.google.com/chrome/answer/95647?hl=en -BR&hlrm=pt Mozilla Firefox: https://support.mozilla.org/pt-BR/kb/ative-e-desative-os-cookies-que-os-sites-usam Opera: https:// www.opera.com/help/tutorials/security/privacy/ 8. Complaint to a supervisory authority Without prejudice to any other administrative or judicial remedy, all data subjects have the right to file a complaint with a control authority. The complaint can be made to the authority of the application's headquarters, the user's country of habitual residence, his place of work or the place where the infringement was allegedly committed. 9. Changes This version of this Privacy Policy was last updated on: March 3, 2020. The publisher reserves the right to modify the application at any time to these standards, especially to adapt them to the evolution of the OVINOPRO application, either by making new functionalities available , either by deleting or modifying existing ones. The user will be explicitly notified in case of alteration of this policy. By using the service after eventual modifications, the user demonstrates his agreement with the new rules. If you disagree with any of the changes, you must immediately request the cancellation of your account and submit your reservation to the customer service, if you wish. 10. Applicable law and jurisdiction For the settlement of disputes arising of this instrument, Brazilian law will be fully applied. Any disputes must be presented in the court of the district in which the headquarters of the editor of the application is located.
TERMS AND CONDITIONS OF USE OF THE APPLICATION
This TERMS AND CONDITIONS OF USE is a legal agreement between the licensee (individual or legal entity) and OVINOPRO, headquartered in the city of Porto Alegre/RS at Av. Ipiranga, 6681, - Tecnopuc - Partenon, Porto Alegre - RS, 90619-900, hereinafter referred to simply as “OVINOPRO”, sole and exclusive owner of the Portal focused on intelligent management of the herd, through software that helps to reduce losses and increase the productivity of the sheep flock (hereinafter simply “Application”), the brands, names and domain associated with the OVINORPO brand. DEFINITIONS The following terms contained in this TERM AND CONDITIONS OF USE shall have the meaning set forth below, either in the plural or in the singular, whenever used in capital letters: Portal: means the place where the Application will be made available for LICENSEE access, whose electronic address is as follows: https://www.ovinopro.com.br/; Application: meaning a the software exclusively owned by OVINORPO through which the LICENSEE may manage, control and issue sales orders. Registration Information: Set of information provided by the LICENSEE that identifies him, such as: name, address, date of birth, telephone number, fax, e-mail, number of documents. Information: It is understood the set of operational data, of a dynamic nature and intrinsic to the LICENSEE's commercial activities, which will constitute its database, among others, to manage, control and issue sales orders through the Application. Application Programming Interface (API): is a set of routines and standards established by a software for the use of its functionalities by applications that do not intend to get involved in the details of the software implementation, but only to use its services. 1. DECLARATION OF WILL: 1.1. LICENSEE DECLARES TO BE AWARE OF THE RIGHTS AND OBLIGATIONS ARISING OUT OF THESE TERMS AND CONDITIONS OF USE, AND THIS INSTRUMENT IS THE COMPLETE AGREEMENT BETWEEN THE PARTIES. YOU FURTHER DECLARE THAT YOU HAVE READ, UNDERSTOOD AND ACCEPT ALL THE TERMS AND CONDITIONS OF THIS INSTRUMENT. 1.2. From the moment the LICENSEE accepts these TERMS AND CONDITIONS OF USE, the provisions contained herein will govern the relationship between OVINORPO and the LICENSEE, which is why it is recommended that the LICENSEE print a copy of this document for future reference. 1.3. The LICENSEE declares that he is aware that the operations that correspond to the acceptance of certain options will be recorded in OVINORPO's databases, together with the date and time in which the acceptance was expressed by the LICENSEE, and such information may be used as proof of the acceptance of the option by the LICENSEE, regardless of any other formality. 2. CONFIDENTIAL INFORMATION AND USER SECURITY POLICY 2.1. OVINORPO undertakes to maintain the confidentiality, integrity and security of any Information made available by the LICENSEE related to its Users and/or IT Equipment. 2.2. In order to guarantee the LICENSEE's privacy, as well as the security of its Information, OVINORPO undertakes to regularly reassess its security policy and adapt it as necessary. 2.3. Under no circumstances will OVINORPO sell or make available the LICENSEE's Information or generated through the use of the Application, provided that it will only use it for the following purposes, with which the LICENSEE expressly agrees and agrees: a) To send to the LICENSEE any administrative notices, alerts and communications relevant thereto; b) To fulfill the purpose of the Portal or the Application; c) Identify the LICENSEE's profile, desires or needs in order to improve the products and/or services offered by the Application or Portal; d) Perform generic statistics to monitor the use of the Application; e) Perform generic statistics to monitor the use of the Application; f) Troubleshooting the Portal or Application, verifying and protecting the Information, the Portal or Application against errors, fraud or any other electronic crime. 2.4. If there is any change in the registration information provided by the LICENSEE, the LICENSEE undertakes to inform OVINORPO of such changes in order to guarantee the correct use and functioning of the Application. 2.5. The LICENSEE'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 OVINORPO. In the event of any of these hypotheses, however, resulting in the transfer of Information to third parties, the LICENSEE will be informed in advance and if he does not wish to continue using the Application, he may delete his access account as provided for in Item 10 of this TERM AND CONDITIONS OF USE. In this case, the LICENSEE's Information will be deleted from the OVINORPO database and will not be transmitted to third parties. 2.6. Notwithstanding the information provided by the LICENSEE is secure under the terms of these TERMS AND CONDITIONS OF USE, the login and password to access the Application are confidential and the exclusive responsibility of the LICENSEE. 2.7. If the LICENSEE believes that his login and password to access the Portal have been stolen or are known to other people, for any reason, the LICENSEE must immediately inform OVINORPO as provided for in Item 6 of this TERM AND CONDITIONS OF USE, without prejudice immediate password change through the Portal or Application. 3. REMUNERATION AND PAYMENT METHOD: 3.1. The LICENSEE must pay OVINORPO the amount of the respective plan chosen according to the frequency defined among the payment options available to the LICENSEE at the time of contracting. 3.2. If the LICENSEE, during the term of this instrument, chooses another licensing plan, the amounts will be changed proportionally (pro rata) according to the respective plan chosen. 3.3. Failure to pay on the dates determined for its due date will result in suspension of access to the SOFTWARE until the financial pending issues are settled. 3.4. If the suspension remains for a period longer than 60 (sixty) days, OVINORPO may fully delete the information posted on the Application by the LICENSEE. 3.5. The amounts established in the act of formalizing the acceptance are for advance payment by the LICENSEE for later use. This value may be changed at any time by OVINORPO, and the LICENSEE may not renew access to the Application if he disagrees with the new values presented by OVINORPO. In this case, access to the Application will be suspended at the end of the validity period of the previous payment. 4. SERVICE LEVEL 4.1. OVINORPO will use commercially reasonable efforts to make the Application available at least 99% (ninety-nine percent) during each Year. 4.1.1. The Service Level Commitment does not apply to circumstances of unavailability resulting from (i) an interruption of electricity supply or emergency stops not exceeding 2 (two) hours or occurring in the period from 24:00h to 06:00h ; (ii) are caused by factors beyond the reasonable control of OVINORPO, including cases of force majeure or Internet access and related problems; (iii) result from any acts or omissions of the LICENSEE or third parties; (iv) result from IT equipment, software or other technologies that LICENSEE uses and/or IT equipment that prevents regular access to the Application; (v) result from failures of individual instances not attributable to LICENSEE's unavailability. 5. INTELLECTUAL PROPERTY 5.1. LICENSEE does not hereby acquire any intellectual property rights or other exclusive rights, including patents, designs, trademarks, copyrights or rights to confidential information or trade secrets, on or related to the Application or any part thereof. The LICENSEE also does not acquire any rights on or related to the Application or any component thereof, in addition to the rights expressly licensed thereto under these TERMS AND CONDITIONS OF USE or any other mutually agreed written agreement that the LICENSEE may have entered into with OVINORPO. Any rights not expressly granted hereunder are reserved. 5.2. If the LICENSEE develops a new module or product that characterizes a copy, in whole or in part, either of the data dictionary or of the program, it will be considered as part of the Application, thus being its property incorporated by OVINORPO and its use subject to these contractual clauses. 5.3. Any and all content made available on the Application or on the Portal, such as, but not limited to, texts, graphics, images, logos, icons, photographs, editorial content, notifications, software and any other material, belong exclusively to OVINORPO and are protected by Brazilian law regarding intellectual property and copyright. 6. ACCESS TO THE APPLICATION 6.1. This Term grants the LICENSEE a revocable, onerous, non-exclusive and non-transferable license to use the Application, provided that the LICENSEE may not use or allow the use of the Application for any other purpose not expressly provided for in this instrument. 6.2. Through the Application, the LICENSEE, among others, will have access to a tool to manage, control and issue sales orders, in addition to issuing commission and sales reports, obtaining sales and commission history and controlling agents. 6.3. To this end, the LICENSEE will register on the Application, providing his Registration Information that will be used to access the content of the Application. 6.4. The LICENSEE is responsible for the veracity, validity and accuracy of the information provided by him in his registration, including in relation to the indication of a valid e-mail address owned by him, and he is also responsible for keeping said registration always updated. 6.5. OVINORPO will not have any obligation to police or supervise the information provided by the LICENSEE, but may, at its sole discretion, exclude information that appears to be untrue or offensive. 6.6. The login and passwords created by the LICENSEE to access the Application are confidential and the exclusive responsibility of the LICENSEE, who must contact OVINORPO, immediately, in the event of compromising their confidentiality. 6.7. Under no circumstances, the LICENSEE will have access to the source code of the Licensed Application, as it is the intellectual property of OVINORPO. 6.8. The LICENSEE may, at any time, register users linked to its account. Once registered, these users will be able to access, modify, include and delete data from their account, including being able to nominate other users. In this way, the LICENSEE exempts OVINORPO from any information accessed, modified, included or excluded by users whose access was granted exclusively by the LICENSEE. 6.9. The LICENSEE is responsible for any third-party software used to communicate Information to the OVINORPO API. Therefore, any irregular access, communication failures between the API and the other software are the LICENSEE's exclusive responsibility, since OVINORPO only releases access to the API so that the LICENSEE can communicate between the Application and other third-party software licensed by the LICENSEE. LICENSED. 7. USE OF THE APPLICATION 7.1. OVINORPO may, at its sole discretion, at any time, and without prior notice to the LICENSEE: a) Terminate, modify or suspend, in whole or in part, the LICENSEE's access to the Application or the Portal, when such access or registration is in violation of the conditions established in these TERMS AND CONDITIONS OF USE; b) Delete, in whole or in part, the information registered by the LICENSEE that is not in accordance with the provisions of this TERM AND CONDITIONS OF USE; and, 7.2. At any time, upon prior notice to the LICENSEE at the e-mail address indicated by the LICENSEE in his personal registration or by means of a notice in the Application or Portal itself, OVINORPO may also: a) Set prices for offering certain contents and / or services, even if initially they were offered free of charge, and their use, after the aforementioned notice, is considered as the LICENSEE's agreement with such prices; and, b) Send e-mail messages or other correspondence of an informative, commercial and/or promotional nature to the LICENSEE, unless expressly requested to the contrary by the LICENSEE. 8. LIMITATIONS OF USE 8.1. The LICENSEE may not: a) Use the Application to disclose information in any way that may imply a violation of applicable rules in Brazil, copyright property of OVINORPO and/or third parties or good customs, including, without limitation, the violation 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, free of charge or for consideration, provisionally or permanently, the Application, as well as its modules, parts, manuals or any information relating thereto; c) Employ software, techniques and/or artifices in order to misuse the Application for practices harmful to OVINORPO or third parties, such as exploits, spamming, flooding, spoofing, crashing, root kits, etc.; d) Reproduce, adapt, modify and/or use, in whole or in part, for any purpose, the Application or any content on the Portal without the express authorization of OVINORPO; e) Post or transmit any file that contains viruses, worms, trojan horses or any other contaminating or destructive program, or that may otherwise interfere with the proper functioning of the Application; f) Use the Application for a purpose other than that for which it was made available by OVINORPO; and, g) Perform reverse engineering. 9. LIMITATION OF LIABILITY AND INDEMNIFICATION 9.1. OVINORPO will not be liable, under any circumstances, even if jointly or in a subsidiary manner: a) For any damages suffered by the LICENSEE as a result of decision-making based on the information made available on the Portal or Application; b) For any damages suffered by the LICENSEE due to failures in the computer system or in the servers that are independent of OVINORPO's fault or in its connectivity to the internet in general, and the LICENSEE must maintain, at its own expense, a telecommunication line, modem, communication software, e-mail address and other resources necessary to communicate with OVINORPO. c) Due to acts of God or force majeure, pursuant to article 393 of the Brazilian Civil Code. 9.2. OVINORPO does not guarantee that the functions contained in the Application will meet your requirements, that the operation of the Application will be uninterrupted or error free, that any functionality will continue to be available, that defects in the Application will be corrected or that the Application will be compatible or function with any Third-party application, applications or services. 9.3. LICENSEE agrees to defend, indemnify and hold harmless OVINORPO 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) its eventual misuse of the Portal and the Application, or (ii) its violation of the conditions agreed herein. 9.4. In no event shall OVINORPO be liable for personal damages or any incidental, special, indirect or consequential damages, loss of profits, including, without limitation, damages for loss of profit, corruption or loss of data, failure to transmit or receive data, not business continuity or any other commercial harm or loss arising out of or in connection with your use of or your inability to use the Application for any other reason. 9.5. In the event that OVINORPO is compelled, by a final court decision, to indemnify or reimburse the LICENSEE for damages suffered, despite the provisions of Item 9.2 above, the amount due to the LICENSEE will be limited to 20% (twenty percent) of the total amount actually paid by the LICENSEE to OVINORPO for the enjoyment of the features offered by the Application. 10. TERM AND TERMINATION 10.1. This TERM AND CONDITIONS OF USE shall be in force for an indefinite period, as of the LICENSEE's acceptance, and may be unilaterally modified or terminated by OVINORPO at any time, without any charge, by means of simple communication through the Portal itself or by message to the email indicated in the LICENSEE's personal record. 10.2. The LICENSEE may, at any time, request the suspension and/or deletion of their access account to the Portal, ending their relationship with OVINORPO, upon request made directly through the Portal. 10.3. If the LICENSEE chooses to suspend his access account to the Portal, the services provided by OVINORPO to the LICENSEE will be paralyzed, however, the Information will be kept in the OVINORPO database, and the LICENSEE may reactivate his access account at any time. and up to a period of 60 (sixty) days. 11. MODIFICATIONS 11.1. OVINORPO may, at any time, change these TERMS AND CONDITIONS OF USE at its sole discretion. Any changes to these TERMS AND CONDITIONS OF USE will be informed through the Portal or the Application. 11.2. The date of the last update performed by OVI will always be indicated NORPO in the TERMS AND CONDITIONS OF USE. 11.3. The LICENSEE understands and agrees that, as soon as the amendment to these TERMS AND CONDITIONS OF USE is published on the Portal or Application, the use of the Portal or Application will be subject to the updated TERMS AND CONDITIONS OF USE. 12. GENERAL PROVISIONS 12.1. These TERMS AND CONDITIONS OF USE do not generate any partnership agreement, mandate, franchise or employment relationship between OVINORPO and the LICENSEE, its Partners and/or Advertisers. 12.2. If any provision of these TERMS AND CONDITIONS OF USE is considered illegal, void or unenforceable for any reason, the remaining provisions will not be affected and will remain valid and enforceable to the maximum extent possible. 12.3. These TERMS AND CONDITIONS OF USE constitute the entire agreement on the conditions of use of the Portal and the Application. The LICENSEE declares that he is aware of the rights and obligations arising from these TERMS AND CONDITIONS OF USE, having read, understood and accepted all the terms and conditions. 12.4. Any failure by OVINORPO to enforce or exercise any provision of these TERMS AND CONDITIONS OF USE or related rights does not constitute a waiver of such right or provision. 12.5. The tolerance of one party to the other regarding the breach of any of the obligations assumed in this contract will not imply in novation or waiver of right. The tolerant party may, at any time, demand from the other party the faithful and complete performance of this contract. 12.6. The LICENSEE agrees that OVINORPO may disclose the closing of the contract for commercial purposes, mentioning the LICENSEE's name and brand in commercial campaigns, and may even disclose messages sent in writing or orally, by telephone, for use on websites, newspapers , magazines and other campaigns, while these TERMS AND CONDITIONS OF USE are in effect. The LICENSEE also accepts to receive notifications via email about training, partnerships and campaigns related to the Application. 13. APPLICABLE LAW AND JURISDICTION 13.1. These TERMS AND CONDITIONS OF USE will be interpreted exclusively according to the laws of Brazil. 13.2. The parties elect the Central Forum of the District of Porto Alegre, State of Rio Grande do Sul, as the sole competent to settle any dispute resulting from this TERM AND CONDITIONS OF USE. Porto Alegre, March 02, 2020.