TERMS AND CONDITIONS
PLEASE READ CAREFULLY AND MAKE SURE THE TERMS OF THIS AGREEMENT ARE UNDERSTOOD BEFORE ACCEPTING THEIR REGULATIONS. MYFINACE PROVIDES THE SOFTWARE LICENSE (AS DEFINED BELOW) FOR THE LICENSEE DEFINED AS USER OR LICENSEE (INDIVIDUAL OR LEGAL ENTITY), IN CASE THE TERMS AND CONDITIONS RELATED IN THIS DOCUMENT ARE ACCEPTED. BY USING, DOWNLOADING OR INSTALLING ANY ELEMENT OF THIS PRODUCT, THE LICENSEE WILL BE ACCEPTING AND FIRMING LEGAL COMPLIANCE OF THIS AGREEMENT BETWEEN MYFINANCE AND END-USER. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS PROGRAM, PLEASE DO NOT USE OR ENJOY THE FEATURES.
This End-User License Agreement (hereinafter referred to as "EULA") is a legal agreement entered into by and between the LICENSEE (individual or legal entity, hereinafter referred to as the “LICENSEE”) and “MyFinance Consultoria e Informática LTDA-EPP/ MyFinance Consulting and Information Technology LTD.”, private legal entity, enrolled with CNPJ (corporate taxpayer registration) under number n. 17.799.377/0001-55, based in Rua do Carmo, 43/ 8th floor - Centro, Rio de Janeiro – RJ, ZIP Code 20011-020, (the “LICENSOR”) for the use of the computer program referred to as Rexpense, provided herein by the LICENSOR (the “SOFTWARE”), for a period determined by the LICENSED SOFTWARE licensing execution, which includes the computer program and may include associated media, any printed materials, and any online or eletronic documentation. By using the SOFTWARE, even partially or on a trial basis, the LICENSEE will be bound by the terms of this EULA, agreeing with them, especially CONSENTING TO ACCESS, COLLECTING, USE, STORAGE, TREATMENT AND INFORMATION PROTECTION TECHNIQUES of the LICENSOR for the full implementation of the functionalities offered by the SOFTWARE.
2. Intellectual Property
The LICENSEE does not acquire hereby any intellectual property or other proprietary rights, including patents, designs, trademarks, copyright or rights to confidential information or trade secrets, on or related to the SOFTWARE or any part of it. The LICENSEE also do not acquire any rights in or related to the SOFTWARE or any component thereof, beyond the rights expressly licensed to the LICENSEE in this EULA or any other agreement mutually agreed in writing that the LICENSEE may have with the LICENSOR. Any rights not expressly granted under this instrument are reserved. It will also be exclusive property of the LICENSOR or the LICENSOR properly licensed, all content on the website, including, without limitation, text, graphics, images, logos, icons, photos, editorial content, notices, software and any other material.
3. Statement of Intent
The LICENSEE declares to be aware of the rights and obligations under this EULA, making this instrument the complete agreement between the parties. The LICENSEE declares also to have read, understood and accepted all terms and conditions. The LICENSEE declares that has been duly informed of the policy of confidentiality and confidential information protection environments, personal data and access logs, and consenting express and freely to collecting data, use, storage and processing of such information and data. The LICENSEE acknowledges that the operations that match the acceptance of this EULA, of certain options, as well as termination and other changes will be recorded in the databases of the LICENSOR, together with the date and time which the acceptance was manifested by the LICENSEE, and such information can be used as evidence, regardless of any other formality. The LICENSEE further states that the LICENSEE is aware that the use of some of the SOFTWARE functionalities will require the LICENSEE to provide FINANCIAL INFORMATION (information) to the SOFTWARE, automatically or by insertion, in order to collect information directly from the websites and/ or other virtual means of financial institutions and others, being the LICENSOR in this case, representative and agent of the LICENSEE to download the data directly from its holder.
4. Software Use License
Subject to the terms and conditions herein, this EULA grants the LICENSEE a revocable, non-transferable license to use the SOFTWARE. The LICENSEE - or those indicated by the LICENSEE in the act of execution hereof - shall not use and neither allow the use of the SOFTWARE for another purpose other than the processing of the LICENSEE´s information, in case of people who use the SOFTWARE to process own or third party information not registered at the time of execution hereof, except for authorization term in specific agreement, applying complementarily and subsidiarily the terms of this EULA. This license does not imply the ability to access other software than those originally located in the SOFTWARE. In no circumstances will the LICENSEE will have access to the SOFTWARE source code now licensed for this is intellectual property of the LICENSOR.
Under no circumstances the LICENSEE is allowed or any third party in general to: copy, assign, sublicense, sell, lease or warranty, reproduce, donate, alienate in any event, transfer all or in part, in any manner, free or against payment, temporarily or permanently, the SOFTWARE subject of this EULA, as well as its modules, parts, manuals or any information related thereto; withdraw or change all or part of the existing reserved rights warnings in the SOFTWARE and documentation; practice reverse engineering, decompilation or disassemble the SOFTWARE.
6. Compensation and Payment
The LICENSEE shall pay the LICENSOR the amount for the respective plan/contract/whatever at the times as selected from the forms of payment made available to the LICENSEE at the execution hereof. The LICENSOR may at any time promote changes in its business model, way of charging and pricing, can make promotions without previous notice and without retroactive changes, including, but not limited. The contractual terms agreed are the prevailing at the time of execution, any promotions or discounts for new customers do not leverage the plans in force, except for expressed extension made by the LICENSOR. In case of the LICENSEE, during the term of this instrument, choosing another licensing plan, the values will change accordingly to their chosen plan. The values set in the SOFTWARE licensing act will be updated annually or in the shortest span of time legally allowed by the accumulated IGP-FGV index in the period, or in the case of termination of this, other official index that may replace it.
If no payments take place at the date such payments are due will result in the suspension of access to the SOFTWARE until outstanding debts are settled. If the suspension remains for longer than thirty (30) days, the LICENSOR can fully delete the information released in the SOFTWARE by the LICENSEE.
8. Information restitution
If the access to the SOFTWARE is suspended by default or cancellation, LICENSOR will keep released the LICENSEE information on the SOFTWARE for a period of thirty (30) days from the access suspension date. During this period, the LICENSOR shall make the LICENSEE information available to be extracted from the SOFTWARE in format provided by the LICENSOR. After thirty (30) days of suspension of this contract, all the LICENSEE INFORMATION, including people, and financial account, held by LICENSOR may be deleted at its discretion permanently database, having been extracted or not the LICENSEE . After thirty (30) days of suspension of this contract, all the INFORMATION LICENSEE, including people, and financial account, held by the LICENSOR may be deleted permanently at its discretion from the database, having been or not extracted by the LICENSEE .
9. LICENSEE´s obligations
The LICENSEE is obliged to:
a. Keep trained personnel to operate the SOFTWARE and for the communication with the LICENSOR and provide, whenever there are any problems with the SOFTWARE, all documentation, reports and other information that report the circumstances in which problems occurred, in order to facilitate and expedite work;
b. Maintain, at the LICENSEE´s expenses, telecommunication line, modem, communication software, e-mail address and any other needed resources for the communication with the LICENSOR;
c. Be accountable for the information entered into the SOFTWARE, for the data registration, permissions, passwords and operating mode of its members. The LICENSOR is not liable in any way for the content (information, passwords, information copies, etc.) in the SOFTWARE and, therefore, this information won´t be reviewed at any time by the LICENSOR. The LICENSEE is always responsible for SOFTWARE information.
d. Make sure of any prohibition regarding any legal and / or contractual determination to pass FINANCIAL, ACCOUNT and PERSONAL INFORMATION and any other data to LICENSOR, necessary for the implementation of the service offered by this EULA.
e. Prevent that the use of the SOFTWARE won´t imply offense, infraction, violations of rights or harm to LICENSOR or third parties.
. Prevent from publishing, sending or transmiting any file that contains viruses, worms, Trojan horses or any other program that could contaminate, destroy or interfere with the proper operation of the SOFTWARE.
g. Inform the LICENSOR whenever there is any modification in the INFORMATION that may prevent, restrict or hinder access to necessary information for the execution of the functionality offered by the SOFTWARE.
h. If the LICENSEE believes that the LICENSEE´S login and password to the website have been leaked or are known by other people, for whatever reason, the LICENSEE must immediately notify the LICENSOR, subject to change password immediately through the Site.
i. When the LICENSEE is a legal entity, the LICENSEE must indicate upon registration the authorized users to access the registered base as well as indicating the financial resposible for payment.
10. LICENSOR´S obligations
The LICENSOR is obliged to:
a. The LICENSOR warrants to the LICENSEE that the SOFTWARE will operate regularly, if in compliance with the conditions of use set out in the documentation. In the event of programming bugs, the LICENSOR shall be obliged to correct such flaws and may at its discretion, replace the copy of the flawed software program by an adjusted copy;
b. Provide, immediately to the acceptance of this EULA, access to the SOFTWARE for a period of time established between the parties;
c. Suspend access to the SOFTWARE that is violating the content rules set forth herein or the legal provisions in force or, at the end of the period of validity of this instrument, regardless of prior notice;
d. Change specifications and/ or characteristics of the licensed SOFTWARE for improvement and/ or bug fixes;
e. Provide access to support services in business days (excluding weekends and holidays) comprehended within the period of time from 09: 00 AM to 12: 00 PM and 2: 00 PM to 6: 00 PM (by GMT) by available means to clarify any non-functional questions directly related to problems in the SOFTWARE.
f. Keep LICENSEE`S FINANCIAL, PERSONAL and ACCOUNT INFORMATION, as well as the licensing and access records, confidential, and such INFORMATION will be stored in secure environment, being respected the privacy, private life, honor and the image of the LICENSEE as rules of Brazilian Law No.12.965/ 2014.
11. Resume Software
The Licensor reserves the right to suspend access to the site, revoke the license and resume SOFTWARE, subject of this EULA where the LICENSEE uses the SOFTWARE differently from that stipulated herein.
12. Limited Warranties
To the maximum extent permitted by applicable law, the SOFTWARE is provided "as is" and "as available" basis, with all faults and without warranty of any kind. The LICENSOR does not warrant that the functions contained in the SOFTWARE suits your requirements, that operation of the SOFTWARE will be uninterrupted or error free, that any service will still be available, that defects in the SOFTWARE will be corrected or that the SOFTWARE will be compatible or work with any software, applications or service. In addition, the LICENSED acknowledges that the SOFTWARE may not be used or is not suitable to be used in situations or environments in which the failure or delays, mistakes or inaccuracies of content, data or provided information by the SOFTWARE could lead to death, personal injury, or severe physical or environmental damage, including but not limited to, the operation of nuclear facilities, air navigation or communication systems, air traffic control, life support systems or weapons.
13. Limitation of Liability
In no event will the LICENSOR be liable for personal injury or incidental, special, indirect or consequential damage, including, without limitation, damages for loss of profits, corruption or loss of data, transmission failure or receiving data, non-continuitity of the business or any other damage or commercial loss, arising from or related to the LICENSEE`S use or inability to use the software, for any reason, under any circumstances the whole liability of the LICENSOR with respect to the LICENSEE for all damages will exceed the amount paid by the LICENSEE to the LICENSOR for obtaining this SOFTWARE license.
14. Freely, expresslyz and informed consent to access confidential information and personal data
a. The LICENSEE in agreeing to use the SOFTWARE, and fully accept the "EULA" also consents, freely and explicitly, that the LICENSOR collects, uses, stores and processes the LICENSEE´S information, including personal, financial, banking and account information, which will be necessary for the offered service to be provided in its entirety.
b. The LICENSEE allows its statistical data to be transferred to third parties without making the name, number of any document and / or financial and banking data identification.
Therefore, the LICENSEE consents, freely and explicitly, to provide data allowing access to the LICENSEE´s INFORMATION so the SOFTWARE performs all the functions for which it was designed. Still, the LICENSEE states and recognizes that the provision of the services and features offered by the LICENSOR´s SOFTWARE accesses FINANCIAL INFORMATION directly on the site and / or other virtual means of the financial institutions, without any emulation of security measures, using only the PERSONAL and ACCOUNT INFORMATION, and others that may be necessary, provided by the LICENSEE, automatically generated or by insertion, collecting information directly on the websites and / or other virtual means of the financial institutions and others, in which case the LICENSOR, being the representative and agent of the LICENSEE to download the data directly from its holder
c. The LICENSEE hereby EULA and providing ACCOUNT INFORMATION, authorizes and expressly consents that the LICENSOR accesses the LICENSEE´s ACCOUNT AND FINANCIAL INFORMATION as agent.
d. The LICENSOR declares that all ACCOUNT INFORMATION will be used exclusively for visualization of financial information on the websites and / or virtual means of financial institutions, being absolutely forbidden to the LICENSOR to make any transaction.
e. The LICENSEE agrees that as accessing the LICENSOR´s site, the LICENSOR may collect navigation technical information such as type of computer browser used to access the site, the internet protocol address, pages visited and average time spent on site. Such information can be used to guide the own LICENSEE and improve services offered and can be passed on to third parties.
f. The LICENSEE freely and expressly consents that the LICENSEE´s INFORMATION may be transferred to third parties as a result of sale, acquisition, merger, reorganization or any other change in control of the LICENSOR. The LICENSOR, however, undertakes, in these cases, to inform the LICENSEE.
The LICENSEE may terminate this agreement at any time, since the LICENSEE communicates to the LICENSOR in writing regardless, in relation to the licensing plan contracted in payment for the same, the outstanding balance, if any. For prepaid licensing plans if the LICENSEE decides to terminate this contract before the end of the contracted period, the remaining balance will be considered as a fine to cover operating costs for early cancellation. In the event of termination of this contract, personal data, banking, financial and other LICENSEE information will be available in accordance with clause 8 of this term and will be excluded according to the will and the availability of space in the LICENSOR´s database within thirty (30) days the date of termination.
16. Legal arrangements:
a. The LICENSEE may not provide services to third parties using the SOFTWARE without previous and express permission of the LICENSOR. The SOFTWARE use authorization is provided by CPF (Individual Taxpayer Registration Number) or CNPJ (corporate taxpayer registration number). Thus, the SOFTWARE can not operate under the multi company system, requiring a specific license for each CNPJ;
b. If the LICENSEE comes to develop a new module or product that features copying, whole or in part, whether the data dictionary, whether the program it will be considered as part of the software provided by the LICENSOR, and therefore as LICENSOR´s corporate property and its use conditioned to these contractual clauses;
c. This EULA binds the parties and their successors and only LICENSEE has non-exclusive license to use the SOFTWARE and shall be, however, sealed to transfer the rights and obligations imposed by this instrument. This limitation, however, does not reach the LICENSOR, which may at any time, assign, in whole or in part, the rights and obligations inherent to this EULA;
d. The tolerance from one party to another with regard to non-compliance with any of the obligations in this agreement will not result in renewal or waiver of right. The tolerant party may at any time require the other party faithful and full compliance of this contract;
e. Does not constitute grounds for termination, failure to comply with the obligations assumed herein as a result of events that are independent of the will of the parties, such as those that make up the unforeseeable circumstances and force majeure provided for in Article 393 of the Brazilian Civil Code;
f. If any provision of this EULA is held to be void, voidable, invalid or inoperative, no other provision of this EULA will be affected as a result and therefore, the remaining provisions of this EULA will remain in full force and effect as if such void, voidable, invalid or dead was not contained in this EULA;
g. The LICENSEE agrees that the LICENSOR may disclose the closing of the contract for commercial purposes, mentioning the name and the LICENSEE brand in commercial campaigns, and may even disclose written or oral messages, by telephone, for use on websites, newspapers, magazines and other campaigns, throughout the period of this EULA. The LICENSEE accepts also to receive notifications via e-mail on training, partnerships and campaigns related to the SOFTWARE;
h. Hereby the LICENSOR expressly authorizes the LICENSEE to collect and use the LICENSEE´s technical and operational data present in the SOFTWARE for the purpose of studies and improvements in the SOFTWARE.
i. The LICENSOR may, at its sole discretion, at any time, and without the need for prior notice to the User:
II. Prohibit, in whole or in part, the information registered by the LICENSEE not in line with the provisions of this Terms of Service; and
III. Add, delete or modify the content offered on the site.
j. The LICENSOR also may, at its sole discretion, suspend, modify or terminate the activities of the SOFTWARE upon prior notice to the LICENSEE, providing ways and alternatives to extract the information, except in cases of unforeseeable circumstances or force majeure.
k. The LICENSOR may, by notification through the e-mail indicated by the LICENSEE in the registration, or by notice through the site set prices to offer certain content and / or services, although initially those have been offered free of charge, being the use of these content and/ or services after the notice, considered as the User's agreement to such prices.
17. Applicable Law
Este EULA será regido, interpretado e se sujeitará às leis brasileiras e, em caso de inadimplência das obrigações ora contratadas, LICENCIADO e LICENCIANTE, desde logo elegem, de forma irrevogável e irretratável, o foro central da Comarca da Capital do Estado do Rio de Janeiro, para dirimir quaisquer dúvidas ou controvérsias oriundas deste CONTRATO, com a exclusão de qualquer outro, por mais privilegiado que seja.
17. Das definições
The terms used in this agreement shall be interpreted and used as prescribed below, either singular or plural: Account information: information and data related to checking accounts, savings accounts, credit cards, including logins, passwords and other information needed to access, collect, store, use and process information obtained on the websites of financial institutions. Financial information: information provided by the LICENSEE or collected directly from the sites and devices of the financial institution through the SOFTWARE with the LICENSEE´s data, such as receipts, payments, investments, etc. Personal information: name, address, date of birth, telephone number, fax, e-mail, number of documents, etc. Personal information means any information provided by the LICENSEE that identifies the LICENSEE, such as name, address, date of birth, telephone number, fax, e-mail, number of documents, etc. Information: means all LICENSEE information related to personal information, financial and account. Licensee: individual or legal person with full capacity to contract, that accesses the LICENSOR´s SOFTWARE through the site, making the LICENSEE´s registration, accepting the terms of this EULA and taking advantage of the features offered. Software: sole property of LICENSOR´s software, whose features and services are available through the website, through which the LICENSEE´s financial information will be provided directly by the LICENSEE or collected directly from the sites of financial institutions in an automated way.
RIO DE JANEIRO, April 7th, 2015.
MyFinance Consultoria e Informática LTDA-EPP/ MyFinance Consulting and Information Technology LTD.