BiPTT Service Terms of Use
Your use of the software and services provided on this website (“Services”) is subject to the terms of the legal agreement between you and Target Solutions, the trading name of Crespo Representações e Serviços de Engenharia Ltda., a limited liability company with registered office at Rua Anfilófio de Carvalho, No. 29, Centro, City of Rio de Janeiro, State of Rio de Janeiro, registered with the National Registry of Legal Entities under No. 09.433.258/0001-56, manufacturer of the “BiPTT System – Corporate Voice Communication Solution for Work Teams” (respectively, “TARGET” and “BiPTT”). By using the Services, you agree to be bound by the following terms and conditions (“Terms”).
TARGET reserves the right to modify the Terms from time to time without prior notice. By continuing to use the services, you agree to such changes.
1. Acceptance of Terms
To use the Services and accept these Terms, you must meet the following conditions:
• Be 15 years of age or older;
• Provide a valid email address when creating your exclusive communication network on BiPTT (“BiPTT Company”);
• Do not create more than 1 (one) BiPTT Company per valid email;
2. Use of the Services
2.1) You are responsible for maintaining the security of your BiPTT Company account and password;
2.2) You are responsible for any activity that occurs on your BiPTT Company account;
2.3) You may not use your BiPTT Company and/or the Services for illegal purposes;
2.4) You may not engage in any activity that interferes with or interrupts the Services.
3. Privacy
BiPTT’s practices regarding the use and protection of your personal information are explained in the privacy policy www.biptt.com/privacy/ (“Privacy Policy”).
You agree to the use of your data in accordance with BiPTT’s Privacy Policy.
4. Modifications to the Service
4.1) You agree that TARGET and/or BiPTT may modify the Services from time to time without prior notice;
4.2) You agree that TARGET and/or BiPTT may change the prices of the Services. In this case, TARGET and/or BiPTT must provide 30 (thirty) days’ prior notice. Notice of such changes may be posted on the BiPTT website or in the Services interface;
4.3) TARGET and BiPTT will not be liable for any damages arising, directly or indirectly, from changes in the Services, including, without limitation, price changes, suspension of the Services or interruption of the Services for technical reasons, subject to Items 5 and 6 below.
5. Interruptions, warranties and responsibilities
5.1) The Services may be temporarily interrupted, without any right to compensation or indemnity, for:
a. Technical and/or operational maintenance that requires temporary shutdown of the system or makes access to it impossible;
b. Acts of God or force majeure;
c. Actions by third parties that prevent the provision of the Services;
d. Lack of electricity supply;
e. Interruption or suspension of the provision of telecommunications services;
f. Occurrences of failures in the transmission and/or routing system when accessing the Internet.
5.2) TARGET and BiPTT will not be responsible for damages, losses or harm, direct or indirect, resulting from interruptions directly or indirectly related to the events provided for in Item 5.1 above or related events.
5.3) TARGET and BiPTT do not offer any type of guarantee about the Services, including: (i) suitability for your needs, (ii) uninterrupted, error-free operation or secure operation.
5.4) Considering that it is impossible for any telecommunications or IT system to operate fully and uninterruptedly 365 days a year and 24 hours a day, this fragile situation also includes, due to its complexity, the Services, TARGET and BiPTT do not guarantee the uninterrupted and/or error-free operation of the Services, despite all efforts being made to achieve this.
6. Limitation of liability
6.1) In no event shall TARGET and/or BiPTT be liable for any damages, including, but not limited to, any loss or other incidental, indirect, or consequential damages of any kind arising out of the use of or inability to use the Services, even if TARGET and/or BiPTT have been advised of the possibility of such damages. In no event shall TARGET and/or BiPTT be liable for any demand or claim, whether in contract, tort, or any other theory of liability, to exceed the cost of the Services. This limitation applies to personal injury claims to the extent permitted by law.
6.2) TARGET and BiPTT expressly disclaim any liabilities and compensation, losses, damages, lost profits, losses of any kind or under any title, business losses, loss or misplacement of data, computer, equipment or peripheral defects, or any other direct, indirect, incidental, special, consequential or punitive damages, arising directly or indirectly from the use of the Services.
7. Intellectual property
7.1) Unless expressly stipulated otherwise, the content of the website, such as texts, graphics, spreadsheets, icons, drawings, computer programs, including the software, basic description and supporting material, data of any nature related to the services that are the subject of this contract, are the exclusive property of TARGET and BiPTT, and are all protected by Brazilian intellectual property laws, especially copyright, legal protection of computer programs, trademarks, patents, models and industrial designs, as well as by international treaties relating to the matter.
7.2) Unauthorized use, disclosure, even if restricted, especially of a commercial nature, publication, distribution, transmission, compilation, alteration, as well as unauthorized total or partial reproduction of the content made available by the TARGET and BiPTT websites, by mechanical, electronic or any other means, are strictly prohibited practices, subjecting the offender to applicable criminal, civil and administrative sanctions.
8. General conditions
8.1) You use the Services at your own risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis.
8.2) Technical support for free accounts is provided when possible, but not guaranteed.
8.3) You understand that BiPTT utilizes third-party hosting providers to provide the hardware and bandwidth required to operate the Services.
8.4) BiPTT reserves the right to refuse Services to anyone, for any reason, at any time.
9. Adjustment
9.1) At the discretion of TARGET and/or BiPTT, the service prices may be adjusted at the frequency permitted by law, based on the variation of the General Price Index – Market (IGP-M) published by Fundação Getúlio Vargas (FGV), or by another index that officially replaces it, provided that the adjustment mentioned in this Item 9.1 does not need to comply with the prior notice mentioned in Item 4.2 above.
9.2) Under Item 9.1 above, TARGET and BiPTT choose the annual adjustment criterion, and the new amount will always be charged in the month following the month in which you have used BiPTT for 12 months, and the adjustment mentioned in this Item 9.2 does not need to observe the prior notice mentioned in Item 4.2 above. Therefore, if you start using BiPTT in April of one year, the first monthly adjustment will be in May of the following year, and will continue to be adjusted in May every year.
10. Forum
The Parties elect, to settle any claims arising from this contract, waiving any other, however privileged it may be, the Forum of the city of Rio de Janeiro in the state of Rio de Janeiro.
