Terms of use
📄TERM OF ACCEPTANCE OF USE OF THE DEMANDER SALES FORCE SOLUTION
Section titled “📄TERM OF ACCEPTANCE OF USE OF THE DEMANDER SALES FORCE SOLUTION”By signing the Commercial Proposal of DEMANDER FORÇA DE VENDAS LTDA (“DEMANDER”), the CUSTOMER declares that he has read, understood and fully agrees with this Term of Acceptance, which automatically becomes part of the Commercial Proposal and regulates the relationship between the parties.
1. OBJECT
Section titled “1. OBJECT”1.1. This Term regulates the use of the Demander Sales Force Solution, covering integration, implementation, configuration, maintenance and continuous access to the system.
2. PRICE, BILLING AND PAYMENT
Section titled “2. PRICE, BILLING AND PAYMENT”2.1. The values, payment methods, training and other commercial conditions are those set out in the Commercial Proposal signed by the CLIENT.
2.2. The monthly charge considers:
- number of active users (different emails that accessed the system in the previous month);
- minimum quantity established in the Commercial Proposal;
- monthly issuance of invoice due on the 10th or according to the Commercial Proposal;
- first monthly charge on the first day 10 after 90 days of contracting, unless otherwise provided in the Commercial Proposal.
2.3. In case of delay:
- 2% fine;
- interest of 1% per month;
- suspension of access after 7 days of default;
- possibility of terminating the license after 60 days.
2.4. The monthly fee will be adjusted annually, in the month of the hiring anniversary, based on the IPCA index accumulated over the last 12 months.
3. DEMANDER’S OBLIGATIONS
Section titled “3. DEMANDER’S OBLIGATIONS”DEMANDER undertakes to:
3.1.1. Provide technical support during business hours via WhatsApp, chat, telephone and email. 3.1.2. Keep the system available to the compliant CUSTOMER. 3.1.3. Preserve the confidentiality of all information processed. 3.1.4. Act in accordance with current tax and civil legislation. 3.1.5. Do not use CUSTOMER data for illegal purposes or purposes unrelated to the provision of the service.
DEMANDER is not responsible for:
- inappropriate use of the system;
- internet or equipment failures of the CUSTOMER;
- unavailability caused by third parties, viruses or external integrations;
- problems arising from incorrect data provided by the CLIENT;
- indirect losses and damages.
4. CUSTOMER OBLIGATIONS
Section titled “4. CUSTOMER OBLIGATIONS”The CUSTOMER undertakes to:
4.1. Use each license individually, without sharing. 4.2. Respect DEMANDER’s copyright and intellectual property rights. 4.3. Keep logins and passwords confidential. 4.4. Make payments on the agreed dates. 4.5. Report registration changes whenever they occur. 4.6. Use the system in compliance with legislation, especially data privacy standards. 4.7. Keep the system up to date and have the necessary equipment for use. 4.8. Do not share DEMANDER’s proprietary information, methodologies or technologies. 4.9. Do not hire DEMANDER employees during the term of the contract and up to 180 days after its termination. 4.10. Authorize the recording of meetings for internal operational purposes. 4.11. Authorize the use of name, brand and logo as a commercial case, and may request withdrawal with 10 working days’ notice.
5. DATA PROTECTION – LGPD
Section titled “5. DATA PROTECTION – LGPD”5.1. The CLIENT declares to fully comply with the obligations set out in the LGPD. 5.2. DEMANDER processes personal data exclusively to execute the solution and comply with legal obligations. 5.3. The CLIENT is the Controller of the data entered into the system. 5.4. DEMANDER acts as Operator and is not responsible for the legality or veracity of the data entered. 5.5. THE CLIENT declares awareness of the Privacy Policy available at: https://atendimento.demander.com.br/kb/article/199312/politica-de-privacidade-do-app-demander
6. TERM AND TERMINATION
Section titled “6. TERM AND TERMINATION”6.1. This Term is valid for an indefinite period, except for different conditions set out in the Commercial Proposal. 6.2. It can be terminated by either party upon 30 days’ notice and payment of outstanding amounts, unless otherwise provided in the contract. 6.3. In case of contractual breach or default, DEMANDER may suspend access and delete CUSTOMER data after 60 days of termination.
7. GENERAL PROVISIONS7.1. DEMANDER may change these Terms at any time, publishing the new version on its official page. Continued use implies agreement.
Section titled “7. GENERAL PROVISIONS7.1. DEMANDER may change these Terms at any time, publishing the new version on its official page. Continued use implies agreement.”7.2. Specific changes negotiated between the parties will only be valid if recorded in writing in the Commercial Proposal. 7.3. Services outside the scope must be contracted separately, subject to technical and commercial analysis. 7.4. The Demander Solution is the exclusive property of DEMANDER, and any form of alteration, copying, reverse engineering, assignment or use beyond the license granted is prohibited. 7.5. DEMANDER may sell the software to third parties on a non-exclusive basis. 7.6. The CUSTOMER is responsible for keeping its equipment and systems compatible and up to date.
8. JURISDICTION
Section titled “8. JURISDICTION”The Court of the District of Lajeado/RS is elected as the only one competent to resolve conflicts related to this Term.