Unilock APP
TERMS AND CONDITIONS OF USE
1. OBJECT AND ACCEPTANCE OF SERVICE TERMS
This is a contractual instrument entered into between you, hereinafter referred to as the USER, and the private legal entity PROMONT SOLUÇÕES LTDA. (“PROMONT”), registered with CNPJ/MF under no. 07.534.686/0001-40, headquartered at Rua Machadinho, No. 1176, in the city of Canoas/RS, Brazil, ZIP code: 92.200-440, responsible for the intellectual property of the “Unilock” application.
The contract herein, referred to as the “TERMS,” will establish the policy and regulations for each USER’s access to the “Unilock” application, available for mobile telephony devices (Android and iOS), servers, personal computers (desktops), or web services.
The USER, upon registering in the application, acknowledges having reviewed and accepted the terms of use provided in this “TERMS,” subjecting to the rules established herein, and declares to have the legal capacity to enter into this contractual instrument, as not falling under any legal or contractual prohibitive conditions.
2. REGISTRATION
The USER will provide their data accurately and completely, when requested by the service.
Upon registration, the USER must create a password, personal and non-transferable, for future access to the website and the “Unilock” application. As a security measure, the USER must memorize their password and keep it confidential, not disclosing it to third parties.
The USER authorizes PROMONT to use the collected data only for the following purposes: (a) identification and communication with the USER through secure internet services; (b) optimizing usability and access to information by the USER during access and navigation on the “Unilock” website and application;
3. DESCRIPTION OF SERVICES AND SUPPORT
The APP stores user information securely on the device itself and uses secure web services.
3.1 Service features:
User registration: The user must be registered by the responsible persons for Unilock products.
Authentication: The user must use their access credentials (non-transferable password) to access the services.
Authorization: The user must be authorized to use the services.
Keys: the user must store their keys in the APP and not allow other users to access them (private password)
It is a requirement for the application to function that the USER has internet access.
4. USE MODE, CHANGES, AND MODIFICATIONS
Use mode: after accepting the terms of use of the “Unilock” application, the USER must register, adding a personal and non-transferable password for future access to the website and the application.
PROMONT reserves the right to modify these terms at any time, including removing or altering any of its clauses, which will have immediate effect and will be accepted, even tacitly, by the USER, in the event of continued use of the application.
5. DATA PRIVACY POLICY
The “Unilock” application collects personal information from the USER capable of identifying them when they register to obtain a personal account.
After registration, the “Unilock” application will receive and store on its servers the information and activities coming from the USER’s browser, whose personal data will not be disclosed or transferred to third parties, nor saved in the application’s database, except with the USER’s prior and express authorization, or to respond to requests from government agencies or the Judiciary.
If the USER has difficulties with their registration, or encounters inconsistencies with the “Unilock” application’s operating system, they must contact PROMONT through the support phone or email available on the company and product website: www.promont.com.br
The USER agrees that PROMONT may collect technical data from their device, such as specifications, settings, operating system versions, internet connection type, and the like.
PROMONT uses security systems capable of guaranteeing the integrity and confidentiality of the recognition, registration, use, and electronic transmission of personal data, which will be subject to automated processing, being incorporated into the corresponding electronic records of personal data, of which the “Unilock” application will be the owner and responsible.
The “Unilock” application adopts legally required levels of security regarding data protection and seeks to install all additional means and measures to prevent the loss of information, misuse, alteration, unauthorized access, or improper subtraction of the collected personal data.
The “Unilock” application uses security models, through certification systems, to verify the authenticity and integrity of the USER’s personal data from where they are provided, to their transmission.
The USER understands and expressly authorizes that the “Unilock” application may use resources, such as, but not limited to, cookies, to offer a better and more personalized service.
6. RESPONSIBILITIES
The USER acknowledges and accepts that they must use the services of the “Unilock” application, and respective software, under their sole and exclusive responsibility, and lending or assigning the use of the application to third parties outside this legal relationship is prohibited, under penalty of civil and criminal liability, including regarding any compensation for lost profits.
The USER agrees that they cannot hold PROMONT’s directors, executives, employees, business partners, or service providers liable for facts arising
from modifications, suspensions, or discontinuation of the “Unilock” application.
PROMONT informs that the “Unilock” application is not free from loss, interruption, virus attacks, interference, piracy, or other security breaches. If such events occur, they will be considered as excluding civil liability.
7. TERMINATION AND PENALTIES
Termination of this adhesion contract may occur voluntarily by the USER, at any time, by deactivating the application, or in cases of cancelation of the “Unilock” application, as provided in this “TERMS.”
The USER agrees that there are no guarantees from PROMONT that the functionality of the “Unilock” application will be uninterrupted or error-free, and is aware that the application may be removed for indefinite periods, for reviews, repairs by technical support, adjustments, updates, or other conditions deemed necessary, including its cancelation, without prior notification.
The USER agrees that PROMONT, at its sole discretion, may cancel their access password, account, or part thereof, or the use of the “Unilock” application service, without the need for prior notification, for the following reasons: loss of access permissions to Promont Unilock products.
8. GENERAL PROVISIONS
This “TERMS” will take effect upon the USER’s adhesion to the “Unilock” application system, through the completion and validation of their registration, terminating the contractual relationship under the terms of this instrument.
This “TERMS” shall be governed by the laws of the Federative Republic of Brazil, without regard to any provisions on conflict of laws.
The USER receives, after accepting the conditions of use set forth in this “TERMS,” a limited, non-transferable, non-exclusive, royalty-free, and revocable license to download, install, execute, and use the “Unilock” application, acknowledging that there will be no transfer of any rights over the application, especially regarding its intellectual property issues.
This “TERMS” replaces all previous understandings between the parties on the subjects contained herein, binding the parties hereto and their successors, in any capacity.
The USER acknowledges and agrees that the “Unilock” application, as well as any software necessary for its services, contain confidential information according to the Computer Program Intellectual Property Protection Law and related regulations.
The USER shall not modify the software in any way, or use modified versions, to gain unauthorized access to the services offered by the “Unilock” application.
It is advisable for the USER to keep their antivirus updated and use a firewall, significantly reducing the chances of their data being intercepted by malicious individuals. The misuse of the USER’s data by third parties, obtained through fraud, simulations, and system violations, is not a cause for holding PROMONT liable.
PROMONT will provide technical support, which will be provided by phone and/or email, from Monday to Friday, except for interruptions required for maintenance on the “Unilock” application, failures resulting from actions and omissions of third parties such as telecommunications and/or communications service companies directly or indirectly involved in the provision of the service object of this “TERMS,” fortuitous events, and force majeure.
The USER also may not modify the software in any way, or use modified versions, to gain unauthorized access to the services offered by the “Unilock” application.
PROMONT does not grant any license or authorization to use any kind of intellectual or industrial property rights, or any right or property with the “Unilock” application.
The Central Forum of the Comarca de Porto Alegre/RS is elected to resolve conflicts of interpretation and resolve any conflicts arising from this contractual instrument.
Porto Alegre/RS, February 5, 2019.
PROMONT SOLUÇÕES LTDA. CNPJ/MF 07.534.686/0001-40
