Termos de uso

The www.totvs.com Platform and all its pages, modules and related functionalities, including but not limited to the TOTVS Store page (store.totvs.com) (together referred to as the "Platform"), belong to TOTVS S.A. (“TOTVS” or “Us”).

To access or visit the Platform, in any manner, all TOTVS clients and visitors or users of the Platform, whether individuals or legal entities, (collectively referred to as "Clients") shall agree to these Terms of Use of the Platform ("Terms of Use") and abide by all the rules set forth therein. Therefore, if you are not in agreement with this document, you shall not, in any manner, access the Platform or any of its content and/or services.

You acknowledge and agree that the Internet has a high level of dynamism in its relations, as well as specific issues related to security and privacy. In this respect, TOTVS can, at any time, and at its sole discretion, modify or revise these Terms of Use, without any communication to that effect. Thus, it is recommended that you regularly access the Platform to check for changes implemented to the Terms of Use, since by accepting this version, you automatically indicate your acceptance of the updated and/or revised versions, which are always available on the Platform's home page, at the address www.totvs.com.

I. Use of Services

1. Access to the Platform and/or use of its Services may be granted by means of computers and mobile devices, including smartphones, tablets or any other related or similar device, whether by means of specific applications or not. 

2. To enable you to access a certain content area or service on the Platform, you may be asked to provide information on forms or cookies and create an account, which may or may not be free of charge, according to information available on the Platform. You represent and warrant that all information provided is true, exact, current and complete and will be maintained in such a condition during the period of time you are a Platform user.

3. You may not permit third parties to use your Account, on pain of being held fully responsible for the activities undertaken through your Account, including any damages caused to us or to third parties. You are solely and exclusively responsible for the security and secrecy of the information and password access to your Account. In the event of data loss, security breech or unauthorized use of your Account, you shall immediately notify TOTVS via the Platform by means of the indicated communication channels.

4. You authorize TOTVS to utilize the data that you have made available, according to the rules and provisions of the Platform's Privacy Policy, also available on the www.totvs.com home page. We recommend that you read this document and if you have any questions, to contact us.

II. Use of Platform Content

1. For purposes of these Terms of Use, "Content" includes, but is not limited to audio, video, images, text, graphics, photos, combined audiovideo, interactive resources, commentaries, propaganda, commercials, software and applications among other materials that you can access via the Platform. 

2. "Forbidden Content" consists of any Content that

(a) goes counter to law and local, national and international regulations;
(b) contains any material that violates the rights of third parties, including copyright and intellectual property rights;
(c) is abusive, such as text, photos or images that have a discriminatory, defamatory, or obscene character or that contain pornography, or other like content;
(d) that violates the privacy, private life, the honor, the image, the name or any rights of any other Client or third party (including legal persons, entities and organizations or their peers);
(e) that contains advertising, propaganda or promotional material, of any kind;
(f) that causes, by virtue of its characteristics (such as file extensions or formats) damage to the system.

3. The Platform offers certain features that allow Clients to send or publish materials, text and/or other content. In this regard, you understand, acknowledge and commit:

(a) not to share, transmit, send, distribute, exhibit, or publish any Content to the Platform that consists of third-party intellectual property or is copyright-protected, because it is a trade secret or any other form of protected third-party ownership rights;
(b) not to share, transmit, send, distribute, exhibit or publish any Forbidden Content to the Platform;
(c) not to download any Content, unless this option is expressly authorized on the Platform;
(d) not to reproduce, distribute, transmit, exhibit, sell, license, or commercially exploit any Content;
(e) not to deface, disable or otherwise interfere in the features related to the security of the Platform and its Contents

4. You represent, warrant, and acknowledge that:

(a) you are solely and exclusively responsible for the Content that will eventually be shared, transmitted, sent, made available, exhibited or published on the Platform, as well as for any consequences or claims by third parties, and you are obligated to indemnify and hold TOTVS harmless;
(b) in using and/or accessing the Platform, you may be exposed to Content or other materials that were sent and belong to a third party or other Clients, so that TOTVS does not endorse or guarantee any Content, opinions or comments provided, exhibited or published on the Ptatform by other Clients, waiving and remaining free of any responsibility in this regard;
(c) in using and/or accessing the Platform, you waive any right to indemnification, at the present time or in the future, against TOTVS in relation to any violation of the rights of third parties or other Clients;
(d) any and all content and material, including trademarks and domain names, that are made directly available by TOTVS via the Platform are the exclusive property of TOTVS, under copyright law, and other intellectual property rights under the law. This proprietary content belonging to TOTVS should not be confused with "Content," as defined in item 5 above, which can be made available by Clients, in the form of item 7 above, and over which TOTVS has no control or intellectual property rights. If there are any questions, you may contact TOTVS via the Platform.

5. You acknowledge and agree that TOTVS can make available the option of downloading documents of interest to you. In this regard, you shall not use said documents in any device other than the memory belonging to the computer to which the download was made. Any exception to this rule shall be expressly indicated on the Platform. 

III. Reporting Forbidden Content

If you identify any Content that is considered Forbidden Content on the Platform, including violations of your copyright and/or intellectual property rights, you may submit a report by e-mail to totvs.digital@totvs.com.br. After verification of the information, TOTVS, at its exclusive discretion, may remove the reported Content.

IV. Your obligations on accessing the Platform

1. You may not reproduce, modify, reverse engineer, compile, decompile, transmit, publish, sublicense, allow, authorize, rent, sell, distribute, or otherwise use any content, functionality, software or material from the Platform in a manner not permitted under these Terms of Use, without the prior express authorization, in writing, of TOTVS or any holder of third party rights, whatever the case may be.

2. You represent and warrant that you shall not register or attempt to register domain names on the Internet, before any entities, national or foreign, containing trademarks, names and/or elements belonging to TOTVS, or related to this Platform or its products and services.

3. You agree to respect TOTVS trademarks and are not entitled to use them without the written prior permission of TOTVS or perform any acts that could denigrate said trademarks.

4. Also, you promise and agree:

(a) Not to commercially exploit or use, in any manner, any aspect of Platform services or content. For the purposes herein, commercial exploitation or use includes but is not limited to (i) sale or distribution, in exchange for payment or profit, of access to services and/or content, (ii) sale or commercialization of publicity, sponsorships, or promotions associated with these services or content;
(b) not to modify any portion of the services or content available via the Platform;
(c) not to claim or seek to register or protect any intellectual property rights or copyrights on Content belonging to third party owners or Content belonging to TOTVS;
(d) not to use any automated system (including "robots," "spiders" or "offline readers") that would allow access to the Platform automatically and in quantities and speeds higher than what would be possible if it were done by natural persons;
(e) not to collect and/or utilize any personal information of other Clients;
(f) not to use communication systems furnished by the Platform for commercial purposes of any kind and/or in a manner that can be characterized as unfair competition against TOTVS;
(g) to comply with all applicable laws, norms, and regulations, in Brazil and elsewhere. 

V. Responsibility

1. TOTVS will make its best effort to make sure that all information and materials offered by us through the Platform are as up-to-date, precise and complete as possible. However under no circumstances, may TOTVS be held responsible for the integrity, up-to-date status and exactitude of such information and materials and is not responsible to you or to any third party, for any indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to lost profits resulting from the use of the Platform or the services offered therein.

2. You agree to defend, indemnify and exempt TOTVS, its directors, employees, and agents from any and all legal claims, damages, obligations or losses (including but not limited to attorney fees) resulting from: (a) violations by you of any provision of the Terms of Use or (b) violation by you of any third party rights..

3. TOTVS does not guarantee that access to the site is free of errors or problems resulting from fortuitous events, internal or external, force majeure, or by other causes not under TOTVS's control. Thus, TOTVS assumes no liability or responsibility for any (a) personal or material damages, of any nature whatsoever, resulting from your access to and use of the Platform, (b) any access to or use of protected servers belonging to TOTVS and/or any personal information stored there, c) any interruption of access to the Platform, (d) any virus or malicious (or similar) device that can attack the Client's equipment as a result of access, use or browsing the Platform or as a result of download, use or access to any content on the Platform.

4. Eventually, TOTVS will be able to make links available via the Platform for access to other sites. TOTVS will not have any responsibility for services or functionalities arranged on such other sites, as the decision to use and the nature of the relationship with such other sites is solely at your discretion. You further agree that it is not the duty of TOTVS to supervise the content of these third party sites.

5. The Platform could provide news, materials, or editorials compiled or written by third parties. TOTVS assumes no responsibility for the exactitude, origin or authorship of such materials.

VI. Recruitment of Products and/or Services via the Platforma

The offers available for online procurement via the Platform are governed by a contract that must be accepted by you at the time of completion of your purchase for execution of the order. This contract is the legal basis for the supply of products and services by TOTVS and have additional terms and conditions that apply to each type of solution offered. Carefully read the information and conditions to finalize your order. In the event of a conflict between any provision in the contract and these Terms of Use, the provisions in the contract shall prevail only where it goes counter to these Terms of Use, all other provisions contained herein remaining in full force and effect. 

VII. Term

These Terms of Use will remain in full force and effect as long as you are a Platform Client.   

VIII. Assignment

These Terms of Use may not be transferred or assigned by you, but may be transferred by TOTVS without restriction, at any time.  

IX. Jurisdiction

These Terms of Use shall be exclusively governed by Brazilian law and any dispute between you and TOTVS shall be resolved in the jurisdiction of the Judicial District of the City of São Paulo, State of São Paulo, expressly waving any other, however privileged it may be.