Terms of Use

Welcome to WEBB

By registering in any of our applications and using our online services, your company agrees to these terms. Read them carefully.

Objective

WEBB’s mission is to transform the way companies connect and do business. In order to fulfill it, we offer different applications and online services through the SaaS model – Software as a Service.

In short,

We are a business network


Registration and intent

You (legal entity or its representatives for any purpose) agree that, by registering in our site or in our applications or by using any of our online services, you will sign a legally binding contract with WEBB Negócios S/A, a privately held company, registered in the corporate taxpayer registry (CNPJ) as .02.890.199/001-04 and located at Rua do Passeio 62, 10th floor -Centro, Rio de Janeiro -RJ, Zip Code 22.021-290 – Brazil.

This contract is based on the Terms of Use and Privacy Policy, hereby incorporated in this instrument by their reference (jointly designated “Terms of Service”).

If you are using the WEBB site on behalf of a company or any other legal entity, you will be bound to the Terms of Service even though your company entered a separate contract with us.

By clicking on “Register”, you acknowledge that you have read and understood the terms and conditions of the “Terms of Service” and you agree to be bound to all of its provisions, especially those contained in the Privacy Policy. By clicking on “Register”, you will also consent to the use of electronic signatures and acknowledge that your clicking on the “Register” button constitutes an electronic signature.

By registering on the WEBB site or using the WEBB online services, you agree to the conditions included in the Terms of Use and the Privacy Policy.


On these Terms of Use

We may modify these or any other additional terms applicable to a service to reflect, for instance, law changes or changes in our services. You should regularly consult the terms. We will post warnings on term changes on this page. Changes will not be retroactively applied and will come into effect at least 15 days after their release. However, changes regarding new functionalities of a given service or changes imposed by legal reasons will come into effect immediately. If you do not agree to the changed terms of a given service, you must discontinue your use of that service.

These terms govern the relationship between you and WEBB. They do not create any rights for third parties.

If you do not comply with these terms and we do not take immediate action, it does not mean we renounce any rights we may have (such as the right to take future action). Should a specific condition of these terms not be executable, this will not be prejudicial to any other terms. Please visit our contact page to obtain information on how to contact WEBB.

We may change the Terms of Use. The changes will be published on the site.

The Terms of Use creates obligations, rights and duties for WEBB and for you.

 


YOUR ACCOUNT

You will need an account to use our online services. Having an account means having a login and a password. To protect your WEBB account, you must keep your password secret. Any activity performed in your account is your responsibility. We do not recommend that your password be reused in third-party applications. If you are aware of any unauthorized use of your account or password, please contact us immediately and request its change in order to protect your data.

You may not share your login and password with third parties. Should you nevertheless share your login and password with third parties, WEBB will be exempted from any responsibility concerning the information made available, and all inherent risks will remain exclusively yours.

Your account is your responsibility. You may not share your account data with any other person and must keep your password secret.


COMMERCIAL USE OF OUR SERVICES

By registering, you acknowledge that you are legally responsible for the use of the solution on behalf of the company you registered and that you take over any responsibility whatsoever on your company’s relationship in its connections and with other companies.

You will be responsible for your actions in the online environment. Your information and your company’s will be used to give you access to the services available online and to interact with your connections and relations established on the site.


YOUR CONTENT

Some of our online services allow you to send content. You own property – including intellectual property – of all the content you will share. In short, whatever belongs to you will remain with you.

When you upload or in any way send content to our online services, you expressly authorize WEBB (and those we work with) to use, host, store, process, reproduce, analyze and execute such content in accordance with the provisions of section VIII, art. 7 of Brasilian Law nº 12,965 of April 23rd, 2014, hereinafter referred to as "Marco Civil da Internet" or "MCI". Any rights arising from said authorization of use are limited to the operation, promotion, development and improvement of our services. Please verify that you own the necessary rights to authorize us to use any content you send to our services. This is as valid for your personal information as for information on the company you represent.

By using our services, you remain the owner of your information, but you agree that we may use, store and share information on you and on your company, as authorized by our Privacy Policy.


TERM

These Terms of Use will be valid for an indefinite period, the limit of which will only be set by the use of your account.

 

YOUR OBLIGATIONS

Applicable laws and this Contract

You will have to comply with the law and the Terms of Use, hereby recognizing that the law and the terms may be changed with or without advance notice, as is the case of our privacy policy.

Examples of commitments you are making with us in this contract:
You must comply with the law and the rules of the WEBB site.


What you MUST and MUST NOT do

What you must do:

  1. Comply with all applicable laws, including, among others, the “MCI”, privacy laws, intellectual property laws, tax laws and regulatory demands;
  2. Provide WEBB with precise information and update it as needed;
  3. Comply with WEBB’s Privacy Policy;
  4. Comply with the instructions contained in any message on the services you will receive from WEBB;
  5. Use our services in an ethical way; and
  6. Use your real name (including the full name of the company you represent) on your profile.

What you must not do:

  1. Act dishonestly or unethically by releasing inappropriate or imprecise content on the site;
  2. Release incorrect information on any item indicated by the profile form;
  3. Cause damages by generating losses to another company – including undesired communication on the network through the website;
  4. Use or try to use another company’s account or create a fake identity on the site;
  5. Add, release, email, transmit or in any other way make available or introduce any content, which:
    1. falsely informs or impersonates, or in any way misrepresents your identity as a legal representative of your company, including, among others, a false description of the services rendered by your company;
    2. acts in an illegal, defamatory, abusive or in any other questionable way;
    3. adds content to a field that was not designated for it (for instance, inserting a telephone number in the “address” field or in any other field, or including telephone numbers, email addresses, postal addresses or any other personally identifiable information for which no specific field is provided by the site);
    4. includes information you have no right to disclose or to make available according to the law or to contractual or fiduciary relations (such as privileged information or confidential and private information known or disclosed by virtue of nondisclosure agreements);
    5. infringes patents, trademarks, trade secrets, copyrights or any other property rights;
    6. includes any advertising, promotional material, unwanted correspondence, spam, chains and unsolicited or unauthorized pyramid schemes, or any other form of enticement. This prohibition unrestrictedly includes using the site to send unsolicited promotional messages to company contacts on the network without their permission;
    7. contains a software virus, worms or any other code, file or computer program that interrupts, destroys or limits the functionality of any computer software or hardware, or any telecommunication equipment of the site or any other site user;
    8. falsifies or manipulates identifiers to conceal the origin of any communication transmitted through our services; or
  6. Duplicate, license, sublicense, release, disseminate, transmit, distribute, exhibit, sell, reformulate the brand or in any other way transfer information found on the site (excluding content you registered or inserted) except by permission contained in these Terms of Use;
  7. Perform reverse engineering, disassemble, decrypt or in any other way tried to copy the source code of any underlying intellectual property used to render our services or any part of them;
  8. Use information, content or any data viewed or obtained by you on the site to provide any service to any competitor of WEBB;;
  9. Imply or declare, directly or indirectly, that you are a trustee or legal representative of WEBB, unless you possess documents proving your stated legal relationship;
  10.  Rent, lease, lend, negotiate, sell/resell access to the site or to any information therein, or its equivalent, in whole or in part;
  11. Remove any copyright warning, trademark or any property right included in the site;
  12. Remove, cover or conceal any form of advertisement included in the site;
  13. Gather, use, copy or transfer any information, except those expressly permitted by these Terms of Use or by the express authorization of the company owning said information;
  14. Share information of non-users without their stated consent;
  15. Infringe or use WEBB’s brand, logo or trademarks, unless it is expressly permitted by WEBB;
  16. Use any software, device, robot scripts or any other means or processes, whether manual or automatic, to access, capture, scan or spy any web pages or services included in The WEBB site;
  17. Access the WEBB site by manual or automatic means or processes to monitor the availability, performance or functionality of the WEBB site for any competitive objective;
  18. Take part in “framing”, “mirroring” or any other activity to simulate the appearance or the function of the WEBB site;
  19. Try to access or effectively access the WEBB site by any means other than the interfaces provided by the WEBB site, such as the cell phone apps or the HTTP://www.WEBB.com address through a web browser. This prohibition includes accessing or trying to access the WEBB site by means of any third party service, including other “software as a service” platforms other than the  WEBB platforms themselves;
  20. Try to or effectively neutralize any security component included in or underlying the WEBB site;
  21. Take part in any action that might directly or indirectly interfere in the performance of the infrastructure of the WEBB site or might overload it beyond reasonable limits, including, but not limited to, trying to obtain unauthorized access to the site or transmit or activate computer viruses through or on the site;
  22. Interfere in, interrupt or attack the site or the WEBB services, including, but not limited to, any  servers or networks connected to the site.

Listed examples of what you must and must not do on the site.


Complaints on the contents released on the WEBB site

We created the WEBB site to transform the way companies connect and do business. To achieve that objective, we offer different applications and online services through the SaaS model – Software as a Service -, “The Services”. For the sake of good service, we recommend sharing truthful and precise information. We also respect the intellectual property rights of others. These terms thus require that the information you register be precise and not impinge on the intellectual property rights or any other rights of others. To achieve those objectives, the WEBB site relies, through its ombudsman, on a complaint procedure concerning the content you register or include.

If you believe that someone misappropriated or unduly used your intellectual property rights on the WEBB site, present your complaint through our ombudsman.


Privacy Protection

Read carefully our Privacy Policy in full before using the site, for it is a referential part of these terms, and governs the way we handle all information, including the information you provide and may personally identify you. Note that the information, statements, data and content you may send to the WEBB site may also reveal data and information concerning your company. You acknowledge that any information, statement, data and content you will send us is voluntary and that the WEBB site may process said information, as per the terms of the Privacy Policy and the “MCI”.

WEBB’s Privacy Policy clarify the way we deal with your personal data and protect your privacy when you use our services. By using our services, you agree that Webb may use this data according to our privacy policy.

You authorize us to gather, use, store and disclose information on you as per our Privacy Policy.


SERVICE ELIGIBILITY

In order to fulfill the criteria for the use of our service, you will have to comply with the following requirements and declare and guarantee that you: (1) have the “minimum age” (legal majority); (2) are under no restriction to use any of our services and are not forbidden or prevented from having an account on the WEBB site; (3) are no competitor of WEBB, nor are using our services for any reason associated with competing against WEBB; (4) will use your real name and only provide precise information to the WEBB site; (5) have full power and authority to enter the present contract, and by doing so will not violate any of the contract to which you or WEBB are a party; (6) will not impinge on any right of the WEBB company or any third party, including intellectual property rights, such as copyrights or brands; and (7) agree to provide, at your own expense, all the equipment, software and Internet access needed to use our services; (8) are aware that some of the practices which violate the provisions herein may constitute crime and/or result in civil responsibility.

Minimum Age means 18 (eighteen) years for Brazil and legal majority as indicated in the law of each country.

By agreeing with our terms, you automatically guarantee that all your provided information is truthful and that you possess all the prerequisites for our working together.

You declare that you meet the necessary requirements for the use of our services and that the information you provide is truthful.


YOUR SIGNATURE

The profile you create on the WEBB site will be a part of the site. Your account therefore belongs to you, not to third parties. You agree to: (1) keep your password safe and secret; (2) prevent other people from using your account; (3) abstain from using the account of other users; (4) abstain from selling, negotiating or in any other way transferring your account on the WEBB site to any other person or user; and (5) abstain from charging anyone for the access to the WEBB site or to any information included in it. Moreover, you will be responsible for anything happening through your account until you close it or prove that its security has been compromised by reasons other than your own fault. Please send an email to our ombudsman to close your account.

You must keep your password secret.
You may not share your account with any other person.
You may not copy or transfer any part of the service.


INDEMNITY

You agree to indemnify and exempt WEBB from any damages, losses and costs (including, among others, legal fees and expenses) concerning all civil and criminal lawsuits filed by third parties, caused by: (1) your lack of compliance of these terms, including, among others, the release of any content which may impinge on the rights of third parties or break any applicable laws; (2) any content you introduced to the services; and (3) any illegal activity in which you may be involved on or through the WEBB site.

You will indemnify us for any losses you may cause.


PAYMENT

Remuneration and Form of Payment

For the online services used, you must pay WEBB the value of the respective plan chosen according to the frequency defined among the payment options made available by WEBB upon your engagement.

If you choose another plan during the validity of the Terms of Use, the values will be altered according to the respective plan chosen.

Failure to pay on maturity will bring on suspension of your access to the services until all outstanding financial obligations are met.

Should said suspension remain over 30 days, WEBB may cancel your account. The values established upon engagement of the services will be updated annually – or in the lowest legally allowed period – by the cumulative IGPM-FGV index, or, should be to be extinct, by any other official index that may replace it.

Please be informed that you may cancel or suspend your services. You also acknowledge that the services on the site must obey the contract and any terms relative to the services rendered.

You must comply with your payment obligations and you authorize us to store your payment information. We may add taxes to our prices.


NOTICE OF ACTS AGAINST THE CONTRACT

Should you or your company find itself in a situation such that it is obligated to violate this contract, WEBB asks that your actions be informed in advanced, and preferably justified, so that we can analyze your case. If we understand that set situation should not cause the immediate annulment of the contract, you will have the option of continuing to use our services, knowing that you will bear all and any responsibility inherent to your acts and the guarantee all due compensation to WEBB should it suffer any damages.

Should you need to violate our terms, please contact us. Depending on the situation, we will not annul the contract, though you must know you will be responsible for any damages that may occur.

Please contact us in any situation with any risk of noncompliance with these terms of use or our privacy policy.

Avoid account suspension in case of exposure to any situation contrary to our terms of use or privacy policy.


YOUR RIGHTS

It is important that you follow the rules of the Terms of Use and the Privacy Policy found on the WEBB site.

On the condition that you comply with all the obligations established in these Terms of Use, including, among others, those concerning the topic “what you must and must not do”, WEBB grants you the limited, revocable, nonexclusive, not subject to sublicensing and nontransferable rights to access and use the services and to view information shown on the pages of the WEBB site. Any use contrary to our mission is strictly prohibited and will constitute a violation of the Terms of Use. We reserve all rights not expressly granted in this contract, including, but not limited to, ownership, intellectual property rights, copyrights and all other rights related to the WEBB site, including all and any copy o the WEBB site that might have been made.

WEBB grants you a nonexclusive, limited, nontransferable, revocable, not subject to sublicensing, fully paid and royalty-exempt global permission and right to use the software provided by WEBB as part of its services as long as your site registration is active. This authorization has the only objective to allow you to use and take advantage of the benefits of the services such as they are provided by WEBB, in the form allowed by the state’s. You will not be allowed to copy, modify, distribute, sell or rent any part of our services or the included software, nor will you be allowed to perform reverse engineering or try to extract the software source code.

The use of the online WEBB services does not grant you any title of the intellectual property rights to the applications, functionalities, patents, designs, brands, components or content you will access through our online solutions. These terms do not grant you the right to use any WEBB brands or logos.

Property of WEBB’s online services is WEBB’s, who grants you the right to use them. You may access and use our online services in the form allowed by these terms of use. We grant you a limited right to use the site.


OUR RIGHTS AND OBLIGATIONS

1. Service Availability.

As long as the site offers its services, it will provide, update, and improve and expand them. Any modification, alteration or interruption of the site, in whole or in part, as well as any price alteration or modification on the services to you or to any of our users will be released on the WEBB site or directly communicated to you, which is when it will become valid. The WEBB site also reserves the right to keep, remove or discard any content made available in your account, with or without notice, should set content be considered by the site as contrary to the present contract. Removing all doubt: the site has no obligation whatsoever to store, maintain or provide copies of any content presented by you or by other users of our services.

We may change or discontinue our services, and in that case we do not promise to continue showing or storing your information and material.

2. Disclosure of user information.

You confirm, consent and agree that we may access, preserve and disclose your registration information and any other information provided by you, according to the terms of our privacy policy, if it should be required by law or court order, to: (1) comply with a legal proceeding, including, among others, court orders, subpoenas, citations, notices, or any other mandatory disclosures; (2) comply with these terms; (3) respond to actions caused by the infringement of third party rights, whether or not said party be a user, an individual, a company or a government institution; (4) respond to consultations from client service protection associations; or (5) protect the rights, property or security of WEBB, our users or the public at large. Disclosure of user information to third parties, except those strictly needed for client service, the management of these terms or compliance with legal demands, is covered in our Privacy Policy and agree to the terms of “MCI”.

You agree that we may use store and share information on you as per our privacy policy.

3. Connections and interactions with other users

You will be the sole responsible for your interactions with other users.

Your interaction with other users is your responsibility.


NOTICE OF INTELLECTUAL PROPERTY

Our service includes WEBB’s copyrights and intellectual property rights, and WEBB reserves all intellectual property rights for itself except as they relate to the limited license granted to you. WEBB’s website, logos and other trademarks, service brands, graphic elements and logos used for WEBB Negócios S/A represent registered brands of WEBB Negócios S/A in Brazil. The stems do not grant you any right or license concerning any of said brands and logos.

This is our notice on our intellectual property rights.


EXEMPTION OF RESPONSIBILITY

WEBB is not responsible for and makes no statement or guarantee as to the delivery of any messages (such as releases of content transmission generated by any other user) sent on the site to any individual. WEBB has no obligation to verify the identity of the individuals who engage its services, nor will it have any obligation to monitor the use of its services by other users. WEBB is exempted from any responsibility for identity theft or any other unwarranted use of your identity or your information by other people.

WEBB does not guarantee that the services offered by its site will function with no interruption or failure. Service operation may be interrupted for reasons of maintenance, updating or problems in the system or the network. WEBB is exempted from any responsibility for damages caused by any interruption or failure in its operation. Moreover, WEBB is exempted from any responsibility for any malfunction, access impossibility or inadequate conditions in the use of the website due to improper equipment, problems associated with the Internet service provider, Internet network overload or any other motive. WEBB is also exempted from responsibility for operation failure, operation by unauthorized individuals or any other cause for which WEBB is not at fault.

WEBB is exempted from responsibility for problems defined as “fortuitous cases” or “force majeure” by article 393 of the Brazilian Civil Code

WEBB will neither be responsible for personal damages, incidental, special, indirect or consequential losses, including, but not limited to, loss of profits, loss of revenue, corruption or loss of data, failure in data transmission or reception, financial losses, indirect, special, consequential, exemplary or punitive damages, business discontinuity or any other commercial loss caused by or related to your use or inability to use the services or applications of the site for any other reason.
In all cases, WEBB will not be responsible for any loss or damage that might not be reasonably predictable.

We exclude any legal responsibility for WEBB’s quality, security or reliability.


LIMITATION OF RESPONSIBILITY

Responsibility for any complaint related to the discussion or questioning of the WEBB site Terms of Use, including any implicit guarantees, is limited to the value you paid WEBB for the use of its services.

Neither WEBB nor any of our subsidiaries, affiliated companies, employees, shareholders or board members will be responsible for: (A) any damages beyond the latest value you paid for a service, or (B) any indirect or reflexive, punitive or consequential damages or any loss of profits, revenue or data you or any third party may have incurred in consequence of your use of any service, platform applications or any content or material included in the site, whether accessed or downloaded through the WEBB site. Such limitation of responsibility is a fundamental element of the negotiation between the parties, and terms and prices charged would be different without it. This limitation of responsibility will:

• apply regardless of (1) your founding your plane on a contract, and the legal act, a legal article for any other legal theory, (2) our knowledge or obligation to know of the possibility of damages, or (3) the failure of the limited resources set forth in this instrument to achieve their main objective; and
• not apply if you have entered a separate contract to acquire services with a separate provision on the limitation of responsibility, which replaces the section concerning those services.

We intend to limit WEBB’s occasional legal responsibility to you.


HOW TO MODIFY AND CANCEL OUR SERVICES – TERMINATION

We are constantly changing and improving our services. We may include or remove functionalities or resources and we may also suspend or completely cancel a service.

You may end your use of our services at any time. You may terminate this contract for any reason, at any time, by giving notice to WEBB here.

WEBB may also stop providing its services to you or include new limits to our services at any time.

We believe you are the owner of your data and it is important to preserve your access to this data. Should we discontinue a service, you will be informed in reasonable advance and will have the opportunity to remove your information from that service.

We think it is fair that both parties may terminate online service at any time.


UNHWARRANTED USE OF SERVICES

WEBB may restrict, suspend or cancel the account of any user who would misuse or make unwarranted use of our services. Unwarranted use of services includes the infraction of any intellectual property right, the infraction of any stipulation in the topic “what you must and must not do” or any other behavior considered by WEBB’s exclusive criteria as contrary to its objective.

Unwarranted use of services may restrict your use, suspended or even cause account termination.


TERMINATION

Should you or your company violate any term of this contract, WEBB has the right to terminate it immediately, regardless of any advance notice, and to pursue legal proceedings to achieve fair compensation, even if such actions were not intentional. Said violations are mainly shown in the diverse and erroneous use of the services and applications provided, in lack of payment and in providing information access to third parties and to the competition.

Lack of compliance with the obligations hereby accepted will not constitute cause for termination if it is a consequence of facts beyond the will of the parties, such as those which configure “fortuitous cases” and “force majeure” as per article 393 of the Brazilian Civil Code.

Unwarranted use of services and side applications, lack of payment or supplying information or access to third parties and the competition may cause WEBB to terminate this contract immediately.


GENERAL PROVISIONS

Independent contract clauses

Even if a judge, court or arbiter considers any clause of this contract as invalid, null, annullable or unfeasible, the validity, legality and feasibility of all other provisions of this contract will not be affected.

Notifications and summonses

We may notify you through publications on www.WEBB.com.br. If you wish to contact us, click here. By mail or courier to: WEBB Negócios S/A, Att: Departamento Jurídico, Rua do Passeio nº 62, 10º andar, Centro, CEP: 20.021-290, Rio de Janeiro – RJ – Brasil. WEBB will receive summonses at the same address.. Any notices you may deliver that do not conform to the terms of this section will have no legal effect.

Full text of the contract

You agree that this contract consists in the total, complete and exclusive agreement between you and WEBB concerning its services and prevails over all previous agreements and understandings, whether oral or written, concerning the object of this contract.

Assignment

You may not assign, transfer or give as collateral any rights of this contract. All assignment attempts will be ineffective. We may assign or freely delegate all the rights and obligations included in this contract, in whole or in part, without any notice to you.

Changes in the contract

We reserve the right to change the terms of this contract through release on www.WEBB.com.br or any other form of communication. We may, for example show a banner on our services whenever we make any change in this contract or in our Privacy Policy, so that you can access and see the changes before you continue your use of the site. If you do not agree with the changes made in this contract, you may terminate it at any time, according to the terms of the “termination” section.

Tolerance

WEBB’s tolerance as to the noncompliance of your obligations will not constitute any permission or waiver of any rights established in this contract and will be valid for the permitted time only.

Jurisdiction

The parties hereby elect the central court of the district of the state capital of Rio de Janeiro to resolve any issues stemming from the execution of this contract.

Successors

This contract will be binding upon WEBB and you and your successors, in any form.

Applicable law.

This contract will be governed by Brazilian law.

Representatives

You, hereby registering in the WEBB site and accepting the terms of this contract, declare under penalty of the law that you are the legal representative of the company engaging the services or that you were granted the appropriate power of attorney to assume obligations on its behalf.

We comply with Brazilian law and you agree to our terms.