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These Terms and Conditions of Use (“Terms“) of the Intelichat digital platform (“Platform“), developed by QUALITOR SOFTWARE AND SERVICES IN INFORMÁTICA S / A, established at Av. Ceará 1652, Porto Alegre / RS, registered with CNPJ under the number 94.338.217 / 0007-45, are intended to establish the rules and conditions that users (“Users“) must adhere to for access and remote use of the Platform, including its website, software and services provided.
1.1. For the purposes of these Terms, the following definitions shall apply:
• Intelichat / Platform: is a software platform for the configuration and publication of chatbots;
• Chatbots: are configurations performed in the Platform, which allow interaction with people through the exchange of electronic messages;
• Users: are individuals or companies, including their employees or employees, who have registered to use the Platform, by entering their personal information and registration data and accepting these Terms;
• Payment System: system that can be used by Intelichat in partnership with companies specialized in financial services that allow the payment of products and services through the Platform.
2. ABOUT INTELICHAT
2.1. The Platform consists of a specialized service for the configuration and publication of chatbots.
2.2. Intelichat offers different hiring plans, described in the https://www.inteli.chat/en/plans-and-pricing/ page, whose characteristics (such as price, number of BOTs supported, number messages) vary according to the needs of the User. A free trial version may be offered to Users for 7 (seven) days, constituting mere liberality, and no obligation or liability is created for Intelichat in relation to the User.
2.3 The messages considered for consumption in the plans correspond to those sent by chatbots and users. In the case of the broadcast resource, each send to a recipient is counted as a message.
2.4. Plans may be amended or terminated at Intelichat’s sole discretion, upon notice to Users on the Platform or by any available communication channel, thirty (30) days in advance. The changes in the price will not affect the plans whose hiring is in force, according to item 4.2.
2.5. In case of migration to a higher plane, the difference between the two planes in the first invoice will be due. In the event of migration to a lower level, unused credit will be written down until it is fully consumed. Failure to use the Platform or any of its features does not interfere with the amounts contracted and owed by Users.
2.6. Videos and online support materials will be offered through the https://www.inteli.chat/en/learn/ as well as support for Plan users paid through the environment supported by the Intelichat administration menu. Users may also be offered training, whose prices are not included in the contracted plans. The user declares that he / she is aware that there is no deadline for the resolution of issues addressed to the support.
2.7. For Free Plan Users, Intelichat does not provide support. A forum environment is provided so that users themselves can share experiences and questions. Access to the forum can be done through the https://www.inteli.chat/forum .
3. PLATFORM REGISTRATION AND USE
3.1. The User declares that he provided true, complete and updated information, as requested in the initial register for use of the Platform, and Intelichat is not obliged to supervise or control the veracity of the information provided. The User is responsible, civilly and criminally, for the veracity of the information provided to Intelichat.
3.2. Intelichat may request the following information from the User:
3.2.1. In case of Corporate user:
188.8.131.52. Basic data, including, but not limited to, the corporate name, CNPJ, address, telephone and contact person;
184.108.40.206. Additional data such as company’s business segment, company size, name and role in the company from which you are filling out the form and email of the company’s financial officer.
3.2.2. In case of an Individual User:
220.127.116.11. Basic personal information, including, but not limited to, full name, CPF, RG, address and telephone number.
18.104.22.168. Additional data such as business segment of the company in which you work, size of company, role in the company and e-mail of the company’s financial officer.
3.3. In the case of a physical User, only persons who have full legal capacity are authorized to register on the Platform. Persons who do not enjoy this capacity, including minors, must be assisted by their legal representative. In case of a legal entity, the user’s registration information must be provided by a legal representative duly invested in the powers to do so.
3.4. Intelichat reserves the right to use all legal and possible means to contact its Users, as well as, at any time, request additional documents and / or data that, in its sole discretion, deems necessary to verify the cadastral data informed
3.5. The User will be solely responsible for guarding the password to access the Platform, and Intelichat shall not be liable for any damages resulting from the disclosure of the User’s password to third parties.
3.6. The registration of the User is personal and non-transferable, and the transfer, assignment, lending or any type of loan, in any way, from User’s registration to third parties is prohibited.
3.7. Intelichat shall not be liable for errors of the User due to non-verification of the amount charged through the Payment System, and the User is solely responsible for this process.
3.8. Intelichat shall not be obligated to reimburse payments to Users for any errors arising from failure to enter values, User failure to check values, withdraw, cancellation and / or any other events that are not the sole responsibility of Intelichat.
3.9. In the event of any irregularities, payment default, or any other occurrences, Intelichat requests that the User contact us through the available service channels.
4. PAYMENT, CANCELLATION AND RENEWAL
4.1. The User agrees to pay to Intelichat the amounts corresponding to the prices charged by the plans, as provided in item 2.2, as well as the remuneration for any other services or products offered by Intelichat.
4.2. Intelichat reserves the right to modify, increase, include or eliminate current prices at any time or to carry out promotions and other transitional forms of alteration of prices. Such alterations shall be informed to the User at least thirty (30) days in advance, and in such case, the User shall be entitled to cancel and / or manifest himself / herself contrary to the renewal, pursuant to item 4.5. the provisions of item 4.4. The silence of the User regarding the alteration will be interpreted by Intelichat as accepted, in a definitive, irrevocable and irreversible way.
4.3. Intelichat reserves the right to take the judicial and extrajudicial measures pertinent to the receipt of the amounts owed by Users, including to bring to protest the title or document that proves the existing debt.
4.4. Users may terminate the plans contracted directly by the Platform or by contacting Intelichat, upon request. The services offered by Intelichat are prepaid and in no case will there be a refund of the amounts paid as a result of the cancellation.
5. PLATFORM USE LICENSE
5.1. Intelichat grants to the User a personal, (ii) non-transferable (iii) non-exclusive, (iv) limited, (v) non-commercial and (vi) revocable license to use the Platform in accordance with the conditions set forth in this Term. Intelichat reserves all rights to the Platform that are not expressly granted here.
5.2. Intelichat is not responsible for damages suffered by the User due to copy, transfer, distribution or any other form of use of protected content made available in the Platform.
6. LIMITATIONS OF LIABILITY
6.1. The User acknowledges and agrees that:
a) By registering and choosing to use the services presented by the Platform, the User does so at his sole risk and expense. Intelichat recommends that the use of the Platform be carried out with common sense and caution, not being held responsible for the consequences of using the methodologies, tools or management practices adopted.
b) Users acknowledge and accept that Intelichat has no direct responsibility for any moral or material damages related to the culpable or malicious conduct of Users during the performance of the contracted services. Intelichat shall be exempt from any damage to which it has not given cause and shall be reimbursed directly or indirectly, in a regressive way, by the User or third party involved.
c) Intelichat does not guarantee that the Platform will always be free of errors, interruptions and / or oscillations, and will not be liable for moral or material damages caused to Users, as well as for any loss of profits, due to any inconsistency in the operation of the Platform.
d) The User agrees that Intelichat will not be liable for any damages or damages caused to its cellular device (s), computer (s) or any other electronic equipment as a result of the use of the Platform.
e) Intelichat shall not be liable for errors or interruptions in the provision of information by independent service delivery systems, including the Payment System and any other integrated functionalities or applications. Such systems only seek to bring greater convenience to Users.
f) Intelichat shall not be liable for any damage, loss or loss suffered by the User due to faults in its connection to the Internet, with its provider, in the operating system or server used by the User, arising from third-party conduct, fortuitous event or force majeure.
g) Intelichat shall not be liable for any virus, trojan, malware, spyware or any software that may damage, change the settings or infiltrate the User’s equipment due to access, use or browsing on the Internet, as a consequence of the transfer of any data and information.
6.2. The User agrees to indemnify and / or hold harmless Intelichat and its representatives, as the case may be, in the event of any claims, proceedings, losses, liabilities and expenses, including reasonable attorneys’ fees and court costs, resulting from damages or suffer directly or indirectly through the use of the Platform.
7. USER RESPONSIBILITIES AND RISKS
7.1. The User attests that it uses the Platform services for its free and unimpeded choice and acknowledges and accepts as its sole responsibility and risk the use of the Platform, as well as the consequences and results of its use.
7.2. The User acknowledges and declares that he / she understands and is aware of all risks involved in the use of the Platform and in the consequent contracting of its services, and undertakes to employ the diligence and care reasonably necessary and expected of someone who contracts the services provided by the Platform.
7.3. The User acknowledges and agrees that Intelichat only performs a previous verification of the Users registered in its database through the analysis of basic information and documentation required at the time of registration and related in this Term, and is not responsible for the acts of its Users .
7.4. Users acknowledge that Intelichat has no obligation to verify the accuracy of the information provided by Intelichat.
8. INTELLECTUAL PROPERTY
8.1. The commercial use of the term “Intelichat” as a trademark, business name or domain name, as well as the logos, brands, insignia, Platform layout, content of the screens related to the Platform services and the set of programs, databases, networks and files that allow you to access and use your account, are owned by Intelichat and are protected by international copyright laws, trademarks, patents, designs and industrial designs. Misuse and partial or total reproduction of such content is prohibited, except with the express authorization of Intelichat.
8.2. By registering and using the Platform, the User agrees that Intelichat will use, during the period of use and up to ninety (90) days after its end, its brand, corporate name or domain name, as well as its logos, logos or insignias , for any purposes, including commercial, advertising and in communications with third parties, without Intelichat having any value to the User.
9. VIOLATION OF THE SYSTEM OR DATABASE
9.1. The use of a device, software or other resource that may interfere with the activities and operations of the Platform, as well as in the accounts or in their databases, is prohibited. Any intromission, attempted or activity that violates or contravenes the intellectual property laws and prohibitions stipulated in these Terms shall render the person responsible liable to suffer the effects of the pertinent legal actions, as well as the sanctions provided herein, and is also responsible for indemnifying Intelichat or its Users for any damages caused.
11. GENERAL PROVISIONS
11.1. This Term does not imply or mean in any way any partnership agreement, mandate, franchise or working relationship between Intelichat and Users.
11.2. These Terms may be modified by Intelichat at any time and in its sole and exclusive discretion. The new Terms will become effective 10 (ten) days after the publication in the Platform. Within 5 (five) days from the date of publication, the User shall express, through the communication channel provided by the company, its disagreement, if it does not agree with the altered terms. In this case, the contractual link will cease to exist, as long as there are no outstanding amounts. If there is no manifestation within the stipulated period, it will be understood that the User tacitly accepted the new Terms, which will continue to bind the parties.
11.3. By registering as a User on the Platform and using the products and services offered by Intelichat, the User automatically and unconditionally declares to be in compliance with these Terms and all other policies and rules made available on the Platform.
11.4. If any provision, obligation or restriction of these Terms is, by competent judgment or other authority, deemed to be invalid, void or unenforceable, all other terms, provisions, obligations and restrictions shall remain in full force and effect and may not be affected in any way , impaired or invalidated.
11.5. Acceptance by either party of any breach of these Terms or failure to exercise any right conferred by them shall not be considered as novation or waiver in respect of any future breach, whether similar or not, or to the exercise by any part of any future right conferred by these Terms.
11.6. All items in these Terms are governed by the laws in force in the Federative Republic of Brazil. For all matters concerning interpretation, compliance or any other questioning related to these Terms, the parties agree to submit to the Forum of the District of Porto Alegre, Rio Grande do Sul.
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