This is a translation provided for convenience; the Portuguese version prevails.
Your use of the software and services provided on this website (“Services”) is subject to the terms of the legal agreement between you and BiPTT Tecnologia S.A., a company headquartered in the City of Rio de Janeiro, State of Rio de Janeiro, maker of the “BiPTT System – Corporate Voice Communication Solution for Work Teams” (respectively, “BiPTT TECNOLOGIA” and “BiPTT”). By using the Services, you agree to be bound by the following terms and conditions (“Terms”).
BiPTT TECNOLOGIA 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 the 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”);
- 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’s account and password;
2.2) You are responsible for any activity that occurs in your BiPTT Company’s account;
2.3) You may not use your BiPTT Company and/or the Services for illegal purposes;
2.4) You may not carry out any activity that interferes with or disrupts the Services.
3. Privacy
BiPTT’s practices regarding the use and protection of your personal information are explained in the privacy policy at www.biptt.com/privacidade/ (“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 BiPTT TECNOLOGIA and/or BiPTT may modify the Services from time to time without prior notice;
4.2) You agree that BiPTT TECNOLOGIA and/or BiPTT may change the prices of the Services. In this case, BiPTT TECNOLOGIA and/or BiPTT must give 30 (thirty) days’ prior notice. Notice of changes may be posted on the BiPTT website or in the Services interface;
4.3) BiPTT TECNOLOGIA and BiPTT shall not be liable for any damages arising, directly or indirectly, from changes to 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 liability
5.1) The Services may be temporarily interrupted, without any right to indemnification or compensation, for:
- a. Technical and/or operational maintenance that requires temporarily shutting down 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 electrical power supply;
- e. Interruption or suspension of telecommunications services;
- f. Failures in the transmission and/or routing system for Internet access.
5.2) BiPTT TECNOLOGIA and BiPTT shall not be liable for damages, harm or losses, direct or indirect, arising from interruptions related directly or indirectly to the events set out in Item 5.1 above or to correlated events.
5.3) BiPTT TECNOLOGIA and BiPTT do not offer any kind of warranty over the Services, including: (i) suitability for your needs, (ii) uninterrupted, error-free or secure operation.
5.4) Given that it is impossible for any telecommunications or computing system to operate fully and uninterruptedly 365 days a year and 24 hours a day — a fragility that, due to its complexity, also includes the Services — BiPTT TECNOLOGIA and BiPTT do not guarantee that the Services will operate uninterruptedly and/or free of errors, despite every effort being made to that end.
6. Limitation of liability
6.1) In no event shall BiPTT TECNOLOGIA 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 from the use or inability to use the Services, even if BiPTT TECNOLOGIA and/or BiPTT have been advised of the possibility of such damages. In no event shall BiPTT TECNOLOGIA and/or BiPTT be liable for any demand or claim, whether in contract, tort or any other theory of liability, exceeding the cost of the Services. This limitation applies to claims of personal injury to the extent permitted by law.
6.2) BiPTT TECNOLOGIA and BiPTT expressly disclaim any liability and indemnification, losses, damages, lost profits, harm of any kind or under any title, loss of business, loss or misplacement of data, defects in computers, equipment or peripherals, 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) Except as expressly stated otherwise, the content of the website — such as texts, graphics, spreadsheets, icons, drawings, computer programs (including the software, the basic description and the support material), and data of any nature related to the services covered by this agreement — is the exclusive property of BiPTT TECNOLOGIA and BiPTT, all protected by Brazilian intellectual property laws, especially those on copyright, legal protection of computer programs, trademarks, patents, industrial models and designs, as well as by the international treaties on the matter.
7.2) Unauthorized use, disclosure (even if restricted, especially of a commercial nature), publication, distribution, transmission, compilation, alteration, as well as the unauthorized total or partial reproduction of the content made available by the BiPTT TECNOLOGIA and BiPTT websites — by mechanical, electronic or any other means — are strictly prohibited practices, subjecting the offender to the 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 uses third-party hosting providers to supply the hardware and bandwidth needed to operate the Services.
8.4) BiPTT reserves the right to refuse the Services to anyone, for any reason, at any time.
9. Price adjustment
9.1) At the discretion of BiPTT TECNOLOGIA and/or BiPTT, the service prices may be adjusted at the frequency permitted by law, by the variation of the General Market Price Index (IGP-M) published by Fundação Getúlio Vargas (FGV), or by another index that officially replaces it, it being understood that the adjustment mentioned in this Item 9.1 need not observe the prior notice mentioned in Item 4.2 above.
9.2) Under the terms of Item 9.1 above, BiPTT TECNOLOGIA and BiPTT elect the annual adjustment criterion, with the new amount always charged in the month following the month in which you have used BiPTT for 12 months, it being understood that the adjustment mentioned in this Item 9.2 need not observe the prior notice mentioned in Item 4.2 above. Thus, if you start using BiPTT in April of one year, the first adjusted monthly fee will be in May of the following year, continuing to be adjusted in May every year.
10. Jurisdiction
The Parties elect, to settle any disputes arising from this agreement, with waiver of any other however privileged, the courts of the city of Rio de Janeiro in the state of Rio de Janeiro.