TERMS OF USE

AUTOMAB APP

Thanks for choosing the Automab! These Terms of Use (“Terms”) govern access to and use of the “Automab” platform (“Platform” or “Service”), a management and automation platform residential, made available and maintained by AUTOMAB TECNOLOGIA LTDA., a legal entity of private law, registered with the CNPJ under No. 25.350.227/0001-98, headquartered at Rua Ceará, nº 743, Bairro Umuarama, in the city of Uberlândia, State of Minas Gerais, CEP 38405-315.

Through the Platform, you (“User”) may have access to an equipment management system internet-connected households (“Equipment”), by which you can create your Account and add to it other users who are able to interact with the System, add your Equipment, and create automation rules and routines (“Routines”) with such Equipment, among other functionalities.

Access to the Platform may be done by the apps for Android and iOS (“Applications”), available on the respective App Stores (“Platform Web”). The use of such content portals, even if only to obtain the Platform applications, is subject to the rules of their respective suppliers.

These Terms are available for reading and consultation by the User at any time on the Application and through the link http://www.automab.com.br/html/terms-de-uso.html.

Below you will find, in the beginning of each section, a summary box that explains the contents of that section. That serves to facilitate the location of specific clauses and the reading of this document. We hope this helps you understand these Terms of Use, but text boxes do not replace the terms of the Terms of Use. Therefore, we ask that Please read these Terms carefully before starting to use the Platform.

1. Definitions

For the purposes of these Terms of Use Usage, the following expressions will have the following meaning:

• a) Service or Platform: functionality provided by Automab, which consists of a system of management of “smart” home equipment (connected to the internet).
• b) We, Company, Automab: AUTOMAB TECHNOLOGY LTD. or any other company entrusted, by Automab, with the administration of the Platform.
• c) User: person accessing the Platform (you).
• d) Equipment: equipment, furniture, appliances, electronics and any other component of hardware (including any software interfaces) that may be integrated into the Platform, as defined by Automab.
• e) Personal data: information related to an individual identified or identifiable.
• f) Data anonymized: data relative the person who cannot be identified, considering reasonable and available technical means for its identification.
• g) Intellectual Property: computer programs, files, texts, icons, drawings, videos, sounds, brands, logos, layouts, templates, inventions, templates utility, industrial design, artistic, scientific or literary works and all materials, works, plans and objects, in any format or physical support, which are subject to protection based on the Law of Industrial Property (Law No. 9.279/1996), in the Copyright Law (Law No. 9.610/1998), in the Software Law (Law No. 9.609/1998), in conventions international laws to which Brazil is a party or in national laws of the countries in which the Company operates and provides access to the Platform, which are of ownership, possession, domain of Automab, or that are used by it in the creation, supply and maintenance of the Platform, whether they are registered, patented, with application for registration or pending deposit, or not.

2. Accept the Terms

Accept free, express, conscious and informed. When creating your Account on our Service by filling out necessarily the checkbox “I have read and agree with the Terms of Use” and by clicking the accept button, you User adhere to the terms of this contract, freely, expressly, consciously and informed, declaring, further, that you have had access to this document and that you have read and agree to the conditions of this. You may not and must not access the Service, use the Web Platform or use the Applications if you do not agree to these Terms of Use, and if you do not of any term mentioned herein, you must cancel the registration procedure and refrain from using the Platform.

Revocation of consent. You understand, however, that the consent given above may be revoked by you at any time, by application to us or by choosing "Delete Account", within the Platform itself, which will lead to the deletion of the data and information eventually collected by the use of the Platform, with exception of those whose collection and treatment are done with another legal basis that not the consent and of those we are legally obligated to keep.

3. Conditions for using the service

You must be civil able to enter into contracts and be at least 18 years of age. If you do not meet these requirements, your legal guardian must create your account for you, giving your consent.

General conditions. For use the Platform, the User must be civilly capable of entering into contracts in Brazilian territory and be at least 18 years of age.

Minors and incapable. Case you are a minor or not civilly capable, you must request that your guardian, curator or legal guardian register the account in your name, giving the consent required by you.

Lack of authorization from the legal responsible. If the Company becomes aware of an Account maintained by a minor User or the use of the Service in general by a minor or by an incapable person, without the necessary authorizations or consent by the legal guardian, by accidental discovery or termination, the Account in question will be immediately removed or suspended, in accordance with with the case, together with the corresponding personal data.

4. Object

Our Service consists of a interactive home automation platform. For everything to work well, you must respect certain rules for using the Service.

The object of this contract is the supply of Household Equipment management system connected to the internet, through which you can create your Account and add other users enabled to interact with the System, add their Equipment, and create home automation rules and routines with such Equipment, among other features.

Obligations of Automab. Automab undertakes a: provide the Service as consistently and appropriately as possible; notify the user in case of changes to the Service or the Terms of Use; to offer tools to control the personal data provided by the user to the Service; perform and interpret this agreement in good faith.

User Obligations. O User, by agreeing to these Terms of Use, agrees to: use the Service offered responsibly and in good faith, within the limits established by these Terms and the features associated with the Platform; create and maintain save your password; keep your contact information and your other updated and correct personal data; notify Automab about any registration changes or deactivation of the user account.

Prohibited conduct. The user it is prohibited, under penalty of suspension or cancellation of the Account, to: use the Service for unlawful purposes; falsely submit to the Service data of the 3rd; submit copyrighted data to the Service of which cannot dispose; submit to the Service any type of illegal, immoral content or incompatible with the Service, such as: material that is prejudiced, racist, offensive, libelous, defamatory, libelous, pornographic, relating to minors in any respect and in particular pornography or exploitation children, in addition to any information, tools, software or knowledge that allows a user or third party to violate these Terms of Use in any way. Use. Equal treatment will be given to any type of file, link, media or information entered in an encrypted, password-protected or other manner manner not immediately identified as illicit material.

Platform Integrity and violations of the Terms. The User is prohibited, equally and under the same penalties, of: modifying, erasing, sabotaging or in any way violating, or assisting, encourage or facilitate a third party to violate the Service, whether the component web, the Apps or the underlying connected service; violate content protected by intellectual property rights of Automab or any affiliate, subcontractor or partner; not seek, approach or accept a third party approach to in any way use the Service or any of its components to defraud these Terms and/or violate the Law, or with the intention of inciting a third party to do so.

Obligation to monitor ducts/contents. The Automab does not monitor the use of the Service by its users and is not obligated to do so. Nonetheless, once notified to Automab by any interested party, or becoming aware by chance discovery, of the existence of any type of illicit content entered on the platform, the content will be promptly removed, with the identification of the person responsible and preservation of the information necessary to collaborate with the Justice.

5. Privacy, Collection and Use of Data

We care about your privacy and security of your information. We created a Policy Specific privacy to explain how we take care of your personal data.

Privacy. When using the platform Automab, you enter various data, which may be Personal Data or other information. We are committed to guarantee the confidentiality and security of your information, so we have prepared the Privacy Policy Automab.

Privacy Policy Home Intelligent. The Privacy Policy Automab Home Smart is an integral part of these Terms of Use, and can be accessed by User at any time through the Applications or on the website http://www.automab.com.br/html/politica-de-_en.html. This Policy details what data is collected by the Platform, the purposes for which the data are used, your rights as the data subject, security measures, direct contact for requests about personal data, among other important information. By accepting these Terms you declares that it has had access to and is aware of all the information contained in the Privacy Policy, providing your consent in the hypotheses and conditions described in that document.

6. Intellectual property

The Platform is owned by Automab and we allow you to use it. Your content is solely yours, and you may not infringe any proprietary rights intellectual property of ours or third parties.

User Content. You, User, is the owner of all the content that he/she inserts in the Service, under any form. You further declare that the content entered into the Service is your own or, being authored by a third party, that you hold the authorizations and licenses necessary to use such content. The Automab does not responsible if you, without our knowledge, use, enter, manipulate or present content authored by a third party as being yours authorship or who does so falsely claiming that he has authorization from the holder content to do so.

Licensing. Despite remain as the holder of moral and patrimonial rights over any eventual copyrighted content entered into the Service, you grant to Automab, its subsidiaries, affiliates and subcontractors a non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform or display in any format or medium, known or otherwise, all content submitted by the user, which license is granted in free of charge and on an irreversible basis for the duration of the contractual relationship between the User and the Automab, with the specific purpose of allow the availability of such content on the Platform, for the provision of Service and Improvement of the Platform.

Infringement of property third-party intellectuals. The User is responsible for the content inserted in the Service and for the legality and legitimacy of the Equipment connected to the Platform, and declares that it has the right or the necessary licenses to use such content and such Equipment. In the event of such presumption proves to be false, upon fortuitous discovery or notification of the interested, the content in question will be immediately removed from the Service, the responsible user being notified of the removal, except in the case of determination court to the contrary. The Automab does not liable for the violation, by the user, of proprietary rights third party intellectual property, the User being responsible for the violation obliged to intervene in the proceedings in progress in order to exempt the Automab of any possible negative outcome. Although such efforts are not sufficient, Automab will have full rights to recourse against its users when the damage to be compensated arises directly or indirectly the fault of a User.

A Automab declares that it does not carry out and is not obliged to carry out prior control of the content submitted to the Service.

Notifications about violations. Any notices of intellectual property infringements may be sent to the email autoamb@automab.com.br.

Intellectual property of Automab. The Automab and its partners are the exclusive holders of all rights, moral and property, incidents or possibly incidents on visual and/or artistic aspects of the Service, the interfaces of the Web Platform and the Applications, as well as the source code, technical, design, process, reporting, and others that help us to characterize the Platform Automab Smart Home, the application itself, all distinctive signs, brands, logos and any copyrightable or proprietary material industrial. To enable your use of the Service, Automab grants, for the duration of your Account maintenance on the Service, a license to use personal, limited, revocable, non-transferable, non-exclusive and non-sublicensable intellectual property rights necessary to use the Service, which does not include reproduction rights, alteration, communication to the public or any form of distribution. IT IS Any copying, alteration or redistribution of the application, the website, the source code or any element included under the acronym Intellectual Property, as defined in item 1, in part or in all. You also agree that you will not do, attempt to do, or help anyone else to do any kind of reverse engineering or attempt to access the source code and database structure, in relation to the Service.

7. Warranty Exceptions

ATTENTION! The Service is provided as is, including any failures and interruptions of the service. We do not guarantee any results from the use of the Service, nor that it fits your expectations or needs.

Service provided “as meets”. The Platform Automab Smart Home as a whole is offered as is, and the Company does not guarantee that the Service is deemed fit or suitable for any specific purpose other than those expressly indicated in these Terms of Use, using the user of the Service at your own risk.

Third-party services. To use the Platform, you are aware that such use depends or may depend contracting third-party services, such as access to the internet network, mobile telephony, among others, and the Automab does not ensures that such services are adequate or sufficient to enable the faultless or faultless use of the Platform.

Security and errors. THE Platform Automab Smart Home was developed according to the market standards of quality, security and confidentiality, seeking the Company to always comply with the highest standards of good practices in what concerns the maintenance of the Service and the security and confidentiality of the data therein contained. We do not, however, guarantee that the Platform is perfect or not subject to security flaws and operating errors. You declare that you are aware and that Automab cannot be held responsible for such occurrences, committing the company, on the other hand, to always act diligently to resolve any and all security issues, confidentiality or reliability of the Platform within a reasonable time.

Equipment Failures or mobile devices. Automab cannot guarantee the absolute security, integrity and confidentiality of data, personal or not, inserted into the Platform in the case of Equipment provided by third parties and Devices (mobile or fixed) of the User used to access the Platform, in relation to any type of security flaw or vulnerability, related to software or hardware components, whether accidental (errors, bugs, etc) or intentional (changes misuse), whether caused by third parties (malware, code violation, cyber attacks) or by the User himself (through procedures that decrease device security, such as jailbrake or gaining root access). The Automab, in the same way, cannot guarantee the security, integrity and confidentiality of the data, personal or not, entered on the Platform in the case of Equipment provided or produced by Automab if these have flaws or vulnerabilities related to software components or hardware, arising from intentional third-party activity (malware, code violation, cyber attacks) or the User himself (through procedures that decrease the security of the device, alteration or customization of the software components or hardware).

Action of malicious agents. You are aware that, despite all the security we strive to implement, there is no guarantee against hackers, crackers, cyber activists and other malicious actors who may attempt or wish to violate the Service for fun or for their own or a third party's gain, and you agree that, in such cases, Automab shall not be liable for damages resulting therefrom.

Specific purposes. You also agrees and accepts that the Platform was developed for the purpose to integrate compatible Equipment and allow the User to create of automated Routines, but that such functionalities, defective or not, are not represent a guarantee of the Platform's suitability for specific purposes, such as home security, employee surveillance, environments, supervision of the elderly, supervision of children, automation of food production, automation of remote access to environments, remote business administration, fire safety, flooding and other natural catastrophes, security against theft, robberies among other acts illicit activities, and any other specific function or purpose that exceeds the functionalities expressly described in these Terms of Use, not having, in these terms, Automab, any liability for any damages suffered or caused by the User or third parties if the Platform may be used for such purposes.

Availability and Service Continuity. The Automab does not guarantee the continuous availability of the Service, which is subject to interruptions due to failure or maintenance, and may also be suspended or canceled by prior notice at least 30 (thirty) days in advance.

8. Disclaimers

We are not responsible for any damages that you or any third party may suffer as a result of your use of the our Service.

Damages for use of the Service. Automab, its affiliates, subcontractors and partners do not are liable for any damages, whether physical, moral, aesthetic, economic, accidental, punitive, loss of chance, lost profits, data loss, or any other loss that you or a third party may experience directly or indirectly related to the use of the Service. You also recognize that we are not responsible for any damages arising from, but not limited to: equipment failures; security vulnerabilities in Platform access equipment or devices, damage caused by actions or User's omissions; improper use of equipment and devices; interruptions or errors in data transmission over the internet or telephony cell; intervention of any kind by the Public Power or even force majeure or fortuitous event. The Service is offered as is and the use made of the Service is the responsibility of the user.

Damage suffered by third-party interference. Automab, its affiliates, subcontractors and partners are not liable for any damages, whether they are physical, moral, aesthetic, economic, accidental, punitive, loss of chance, lost profits, loss of data, or anything else that you or third party may experience due to unlawful interference from third parties in the Service provided.

Right of return. If the Automab is implicated in any extrajudicial proceedings or any other judicial measure as a result of damages caused by a User or persons for whom the User is responsible, the User obliges to intervene in the proceedings in progress, in order to exempt Automab from any possible negative result. Even if such efforts are not enough, the Automab will have full right of recourse against its users when the damage to be indemnified arises directly or indirectly from the fault of a User.

Surveillance over third parties. You declare that you are aware and in agreement that the use of the Platform by means that allow you to monitor others, through any of the Equipment, without limitation, but especially by the use of connected security cameras, can lead to data collection and privacy violations by such third parties. You declares itself and is aware, in this case, that in this collection and processing of data of third party, YOU ARE THE CONTROLLER OF SUCH DATA, being responsible for obtaining the consent of these third parties for the recording of images, sounds and collection of any other personal data, and YOU are also responsible for compliance full compliance with applicable legal rules, including those on privacy and personal data protection. You are aware that the use of the Platform may entail monitoring the activities of their family members, children, spouses, relatives, friends, and other third parties, in addition to employees, employees, employees and/or external contractors, who frequent the controlled or monitored by the Equipment connected to the Platform, exclusively assuming any and all civil, criminal, labor and tax for any and all impacts arising from this control and data collection, including labor debts such as the payment of employees' overtime, if any, committing, also, to respect the privacy of those third parties, responding exclusively for possible violations.

Log access. Automab is under no obligation to provide and will not provide any logs or logs of connection and access to the application that do not say with respect to the requesting User itself, unless otherwise determined by Judicial decision.

9. Termination

If you violate these Terms of Use or the Law, we may suspend or terminate your Account. You can also cancel your account whenever you want. The Service as a whole may be discontinued at the discretion of Automab.

These Terms of Use, in rule, effective from the registration made by the User until the end of the Service, whether performed at the request of one of the parties, by mutual agreement or by service discontinuity.

Termination for violation contractual or legal. If the user violates any of the terms of this agreement, of the Privacy Policy or applicable law, Automab is authorized, at its discretion, to suspend or cancel the User's Account offender.

Termination at the user's request. If the User requests the closure of his/her Account, it will be deleted in the period of 30 days from the request, made through the platform of the Service or via email automab@automab.com.br. After this period, all information regarding the User's Account will be permanently erased, except when such data are collected or processed on other legal grounds or when the Automab is required by law to store certain data.

10. Modifications

Our service may change from time to time. Therefore, we may unilaterally modify these Terms of Service. Use anytime. Whenever there is a material change to these Terms, you will be notified through the contact information provided by you, which must be kept up to date on the “Me” panel of the Service. At notification sent, you will have access to the new text of the Terms of Use, as well as a summary of the changes made. After such notification, by continuing using the Service, you automatically agree to the new Terms as the use of the Service is conditioned thereto. If you do not agree with the changes and want to cancel and delete your account, please send an email to automab@automab.com.br. The updated version of these Terms will always be available at: http://www.automab.com.br/html/terms-de-uso_en.html.

11. General provisions

Applicable law. this contract is governed by Brazilian law, which is fully applicable to any disputes that may arise over the interpretation or performance of this contract, as well as any other dispute that directly or indirectly involves the provision of the services described in this document.

Tolerance. Eventuals omissions or mere tolerances of the parties in not demanding the strict and full compliance with the terms and conditions of this contract or prerogatives arising therefrom or by law, shall not constitute novation or waiver, nor affect the exercise of any rights, which may be fully and fully exercised at any time.

Independence of clauses. If a provision is found to be void, the remaining provisions of the Terms will remain in full force and a valid term will replace the void term, reflecting our intent as closely as possible.

Forum election. in all cases, having exhausted the previous procedure without resolving the dispute, the parties choose from now on to recognize the competence of the Brazilian State Justice, electing the forum of the Judicial District of Curitiba, Paraná, Brazil, and renouncing to any other, however privileged it may be.

12. Contact us

If you have questions or requests about these Terms of Use, our practices, or our service, please contact: automab@automab.com.br.

Last update: 2020.04.20