TERMS OF USE

Segware SIGMA Cloud, Segware Analytics, Segware MySecurity, Segware VTRMobile, Segware OSMobile, Segware WebAlarm, Segware Sigma Image and Segware Access are desktop and online services available through Cloud, Web and Application platforms, owned and operated by Segware do Brasil LTDA. This text explains the terms of use of our service. By accessing or using Segware do Brasil LTDA's services, website, applications and software provided through or in connection with the service, including through a mobile device, you acknowledge that you have read, understood and agreed to be bound by these Terms of Use and by the service provision contract of Segware do Brasil LTDA, whether or not you are a registered user of our service.

Use of our Service

The Segware SIGMA Cloud platform, covered by the solutions: Segware SIGMA Cloud, Segware MySecurity, Segware VTRMobile, Segware OSMobile, Segware WebAlarm, Segware Analytics, Segware Sigma Image and Segware Access provides a way to monitor events received from eletrônicoselectronic equipment alarm, IP cameras/DVRs, access control, tracking, among others, in order to provide management for Electronic Security Companies.

Segware do Brasil LTDA  will grant you permission to use the service, as established in the contract, as long as you comply with the terms and conditions of the contract.

You are solely responsible for the activity that occurs under your account and must ensure the security of your password. You must notify the Network administrator and/or Segware do Brasil LTDA immediately of any breach of security or unauthorized use of your account. Although Segware do Brasil LTDA is not responsible for your losses caused by any unauthorized use of your account, you will be responsible for the losses of the Segware SIGMA Cloud platform or other persons due to such illegal use.

You can use your Account Settings to control your Profile and privacy. By providing your e-mail address to the SIGMA Cloud platform, you consent to our use of such address to send you service-related notices, including any notices required by law, in lieu of communications by mail. We may also use your email address to send you other messages, including changes to the features of the service.

You agree not to use or initiate any automated system, including, but not limited to, "robots", "spiders", "offline readers", etc., that access the service in a way that sends further request messages to the servers of the Segware SIGMA Cloud  platform that a human could reasonably produce in the same amount of time using a conventional online web browser.

 

Segware do Brasil LTDA may permanently or temporarily terminate, suspend or otherwise refuse to allow your access to the Service, without notice and liability, if, in the judgment of Segware do Brasil LTDA, you breach any part of the contract, including the following prohibited actions:

 

  1. Attempting to interfere, compromise the integrity or security of the system or decrypt any transmission to or from the servers that use the service;

  2. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;

  3. Uploading invalid data, viruses, worms or other software agents through the service;

  4. Impersonating another person or otherwise making a false statement about your affiliation with a person or entity, defrauding, concealing or attempting to conceal your identity;

  5. Interfere with the proper functioning of the service; or

  6. To circumvent the measures we may use to prevent or restrict access to the service, including, but not limited to, registering for the service with an email address that is not part of the Network. Upon termination for any reason, you remain bound by the contract.

Segware do Brasil LTDA reserves the right to offer alternative and/or additional services to certain administrative users, which may not be offered to Users in general. You acknowledge that Segware do Brasil LTDA may charge a fee for the use of any services, provided that you are informed of such fee before incurring it. Subject to the foregoing, you agree to pay any fees you incur.

If you become aware that a User is not authorized to be a user of a Network or is otherwise in breach of the contract, we encourage you to notify us. You agree that you will not accuse any User of being unauthorized or of violating the contract, unless you have real knowledge of such fact.

License Grant

 

Subject to the terms and conditions of the agreement, we hereby grant you a non-exclusive, limited and personal license to use the Service. Segware do Brasil LTDA reserves all rights not expressly granted in this document on the service and Content of the Segware SIGMA Cloud platform (as defined below). Segware do Brasil LTDA may terminate this license at any time, for any reason or no reason.

Our Proprietary Rights

 

The Service and its materials, including, but not limited to, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio and videos (the “Segware SIGMA Platform Content Cloud), and all Intellectual Property Rights relating to such content, are the exclusive property of Segware do Brasil LTDA and its licensors. Except as expressly set forth herein, nothing in the agreement shall be deemed to create a license under any Intellectual Property Rights, and you agree not to sell, license, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. The use of the content or materials of the Segware SIGMA platform, for any purpose not expressly permitted by the contract, is strictly prohibited.

You may choose to submit comments or ideas about the service or we may invite you to do so, including, but not limited to, how to improve the service or our products (“Ideas”). By submitting any Idea, you agree that its disclosure is free, unsolicited and without restrictions and that you will not place Segware do Brasil LTDA under any fiduciary or other obligation, that we are free to disclose the Ideas in a non-confidential manner to any person or otherwise use the Ideas without any additional remuneration being paid to you. You acknowledge that, by accepting to present such Ideas, Segware do Brasil LTDA does not waive any rights to use similar or related ideas previously known by Segware do Brasil LTDA, developed by its employees or obtained from sources other than you.

Safety

 

We implement commercially reasonable technical and organizational measures designed to protect your personal information and contents from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to override such measures or use your personal information and content for improper purposes. You acknowledge that you have provided your personal information at your own risk.

Indemnity

 

You agree to defend, indemnify and hold harmless Segware do Brasil LTDA and its subsidiaries, agents, managers and other affiliated companies, and its employees, contractors, agents, board members and directors, against any and all claims, damages, obligations, loss , liability, cost or debt, and expenses (including, among others, attorney's fees) arising from:

  1. Your use of and access to the Service, including any data or work transmitted or received by you;

  2. Your breach of any term of the contract, including, without limitation, your breach of any of the above representations and warranties;

  3. Your violation of any third party right, including, without limitation, any right of privacy, rights of publicity or Intellectual Property Rights;

  4. Your violation of any law, rule or regulation in Brazil;

  5.  

    Any claim or damage that may arise as a result of any piece of content generated by you or any content that is submitted through your account; or

  6.  

    Access to and use of the Service by any other party with your unique username, password or other appropriate security code.

     

     

No Warranty

 

UNLESS EXPRESSED IN A PARTICULAR CONTRACT, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SEGWARE DO BRASIL LTDA DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, WITHOUT INTERRUPTION OR WITH SECURITY; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE USE OF THE SERVICE IS TRANSFERRED AT YOUR OWN RISK AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT.

SEGWARE DO BRASIL LTDA DOES NOT GUARANTEE, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY WEBSITE OR SERVICE ACCESSED BY HYPERLINK. SEGWARE DO BRASIL LTDA WILL NOT PARTY OR IN ANY WAY MONITORING ANY TRANSACTION BETWEEN YOU AND OTHER SERVICE PROVIDERS.

Limitation of Liability

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SEGWARE DO BRASIL LTDA, ITS AFFILIATES, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SECONDARY, INDIVIDUAL, INDIVIDUAL, NO SPECIFIC LIMITATION DAMAGES , TRADE FUND, USE, LOSS OF DATA OR OTHER LOSS OF INTANGIBLE ASSETS THAT RESULT FROM THE USE OR INABILITY TO USE THIS SERVICE. UNDER NO CIRCUMSTANCES SHALL SEGWARE DO BRASIL LTDA BE LIABLE FOR ANY DAMAGES, LOSS OR INJURY RESULTING FROM THE ACTIVITY OF HACKERS (ILLEGAL ACCESS TO THE SYSTEM), ADULTERATION OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE, THE INFORMATION CONTAINED IN THEM.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SEGWARE DO BRASIL LTDA DOES NOT ASSUME ANY LIABILITY FOR ANY:

 

  1. ERROR, MISTAKE OR INACCURACIES OF CONTENT;

  2. PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE;

  3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ANY PERSONAL INFORMATION STORED THEREIN;

  4. ANY INTERRUPTION OR SUSPENSION OF TRANSMISSION TO OR FROM THE SERVICE;

  5. ANY BUG, ​​VIRUSES, TROJAN HORSE OR THEY MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY;

  6. ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR

  7. USER CONTENT OR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL SEGWARE, ITS AFFILIATES, DIRECTORS OR EMPLOYEES BE LIABLE TO YOU FOR ANY CLAIMS, PROCEDURES, DEBTS, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT THAT YOU PAID BRAZIL.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER GROUND, EVEN IF SEGWARE DO BRASIL LTDA HAS BEEN INFORMED ABOUT THE PURPOSE. THE ABOVE LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Functions present in the service such as alarm monitoring, access control, among others, despite helping the process, do not replace any process or security device in the condominium. Thus, Segware do Brasil LTDA is not responsible, in any way, for the entry and exit of people from any public or private establishment, or for its security.

The service is controlled and operated at its facilities, preferably in Brazil. Segware do Brasil LTDA  makes no representation that the service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own discretion and are entirely responsible for compliance with local laws, including but not limited to export and import regulations. Unless explicitly stated otherwise, all materials found on the service are exclusively directed to individuals, companies or other entities located in Brazil.

 

Assignment

 

The contract and any rights and licenses granted by it cannot be transferred or assigned by you, but may be assigned by Segware do Brasil LTDA, without restrictions.

General Provisions

 

  • Applicable Law. You agree that: the service will be considered a passive service that does not give rise to personal jurisdiction over Segware do Brasil LTDA, whether specific or general, in jurisdictions other than Brazil. The contract will be governed by the laws of the internal substantive law of Brazil, without regard to its principles on conflict of laws. Any claim or dispute between you and Segware do Brasil LTDA that may arise in whole or in part of the service will be decided exclusively in the forum of Florianópolis/SC.

  • Notification Procedures. Segware do Brasil LTDA may give you notices, whether required by law or for marketing or other related commercial purposes, via email notification, in writing or in print, or by posting such notice visibly on our website, as determined by Segware do Brasil LTDA, at its sole discretion. Segware do Brasil LTDA se reserves the right to determine the form and means of giving notice to our users, provided that you can choose to refuse certain means of notice, as described in the contract.

  • Entire Agreement / Independence of Clauses. The contract, together with any other legal notices and agreements published by Segware do Brasil LTDA through the service, constitutes the entire agreement between you and Segware do Brasil LTDA with respect to the service. If any provision of the contract is considered invalid by a Court of competent jurisdiction, the invalidity of such provision will not affect the validity of the other provisions of the contract, which will remain in full force and effect.

  • No waiver of any term of the agreement shall be deemed an additional or continuing waiver of such term or any other, and Segware do Brasil LTDA's failure to assert any right or provision under the agreement shall not constitute a waiver of such right or provision.

Please contact us at dpo@segware.com if you have any questions regarding the contract.