When using the App, the User is expressly accepting all practices described in these Terms. Therefore, it is recommended that those users who do not agree with these Terms should not use the App.
1.1 For the proper understanding and interpretation of these Terms, the expressions below have the following definitions:
i. “App” means the Augin App, an augmented reality app that mix the virtual elements with the real world;
ii. “Augin” means AUGIN SOFTWARES LTDA., a company duly constituted under the Laws of Brazil, registered with the CNPJ under the No. 34.804.848/0001-95, NIRE No. 43208520711.
iii. “Personal Information” or “Personal Data” means any information that may identify the User and is provided by it, such as its name, information about its device, cookies and more information collected during the use of the App;
iv. “Login” means the-mail or name informed by the User at the moment of its registration, that shall be used in the App.
v. “Project” models sent by Users using augmented reality;
vi. “User” means every person, without restriction, that download the App and is registered to it.
2. INFORMATION PROVIDED BY THE USER
2.1. When the User is registered in the App, Personal Information are requested. The information provided may be used to enhance the User experience and to improve the quality of the services provided.
2.2. The submission of data by the User is completely voluntary. The User is not obliged to provide the information requested, however, if he chooses to not provide it, this decision may result in loss of access or limit the functionality of the App.
2.3. The Use of the App may also provide the opportunity to collect other information about devices used by the User, such as the hardware model, version of the operating system, mobile network, unique product identifiers, among others.
2.4. By using the App, the User allows Augin to send e-mails, messages through the App and push notifications, with an informative content and strictly related to the App.
2.5. Augin may share some or all of the User’s Personal Information with associated companies, subsidiaries, joint ventures or other companies under common control, for various purposes, including for commercial, operational and marketing purposes. Augin reserves the right to share User’s information with any company that is not currently, but becomes, a parent company, subsidiary or affiliate of Augin.
2.6. Augin may collect and use location information from the User’s device while the User uses the Application (and, if the User chooses to enable background tracking, while the User is not directly interacting with the App), including User’s locomotion. The App may use User’s location in order to provide an experience linked to its location in the real world, so that Augin needs to know where the User is operating these features and plan the location of resources. Augin will identify the location using a number of technologies, including GPS, WiFi points through which the User is accessing the App and triangulation of cell towers.
2.7. Augin collects and uses the User’s actions in the App, as well as some information about the User’s mobile device (including device identifiers, device operating system, model, configuration, settings and information about third-party applications or software installed on the device), to offer the App to the User and to ensure that Augin offers an appropriate user experience for all users, in accordance with the applicable terms and policies.
3.1. When choosing to provide its Personal Data, the User expressly gives its consent for the collection, use, handling, transfer and retention of such data, in accordance with the provisions established in these Terms and in the legislation in force. Should the User not agree with these Terms, the User must stop using the App.
4. PURPOSE FOR THE PROCESSING OF PERSONAL DATA
4.1. User’s Personal Information will the treated in accordance with the purposes below:
a) To provide specific services for the User profile, sending newsletters, promotional materials, advertisements and other services;
b) For communication and offering technical support and User support;
c) Offer new or additional features to the App.
4.2. Information that is not individually identifiable may be passed on to advertisers, supplies, sponsors and partners in order to improve the quality of products and services. Augin may transfer non-personal and/or non-identifiable data, such as user statistics and log data, for purposes of analysis.
4.3. Augin will store the Personal Data necessary for the purposes described above. Storage will depend on legal requirements and the duration of the relationship between the parties.
5. DISCLOSURE OF INFORMATION
5.1. Augin may hire third parties to provide services. As part of this, they will process Personal Data on behalf of Augin. These third-party service providers have access to User’s Personal Data only to perform services on behalf of Augin, in accordance with these Terms, and Augin makes sure that each of them is contractually obligated to not disclose or use User’s Personal Data for any other purpose.
5.2. Augin does not provide third-parties with data on the individual identification of Users without their prior consent, except when:
a) There is a judicial determination for the disclosure of information;
b) The viability of the businesses, products or services offered by Augin or companies of the same group depends on the transfer of data to partners, with only those strictly necessary information being passed on;
c) There is a need to identify or reveal data of the User who is using the App for illicit purposes.
5.3. User information may be transferred to third-parties as a result of sale, acquisition, merger, corporate reorganization or any other change in control of Augin. If any of these hypotheses occur, resulting in the transfer of Personal Information to third-parties, the User will be informed in advance, and, if it does not wish to proceed with the use of the App, it may delete its access account.
5.4. The User can create Projects, which will be stored in an Augin database and can be accessed by the User and third-parties. Augin will not be responsible for any Project creation.
6.1. It is the User’s duty to maintain and ensure that its mobile device that access the App is protected against viruses, malware, invasions or other mechanisms that disrupt its privacy and copy its data and information or improperly access or move the Application. The User hereby agrees that Augin will have no liability arising from the use or access promoted without the protections indicated in these Terms.
6.2. Although Augin strives to ensure the security and integrity of Personal Information, due to the inherent nature of the internet as an open vehicle for global communication, there is no guarantee that the information, while transmitting over the internet or while it is stored on systems or otherwise in Augin’s care, will be safe from the intrusion of others. The User uses the App and provide its information at its own risk and expense.
7. USER’S RESPONSIBILITIES
7.1. The User agrees to provide Augin with all documents, elements, data and information necessary for the proper functioning of the App. In general, the User Agrees to actively cooperate with Augin for the performance of the App and report any difficulties encountered.
7.2. The User is solely responsible for the use of the App, especially with regard to: (i) use of the App by its employees or partners; (ii) the relationships that may be established between the User and its customers; (iii) the relationship that may be established between the User and third-parties, based on the information in the App.
7.3. The User exclusively assumes the effective compliance with the applicable labor, tax, social security, assistance and insurance legislation.
7.4. The User must use the App with caution and taking the appropriate precautions for the environment in which it is inserted, so that Augin will not be responsible if the User puts itself – or other individuals – in situations of risk to health and/or to wellness. The User is solely responsible for any risks assumed in its actions.
7.5. The User declares that it will not use the App to violate any applicable law, regulation, event policies or guidelines, nor will it encourage such behavior by third-parties.
7.6. The User declares that it will not use the App for illegal or inappropriate purposes, not submitting inaccurate, misleading or inappropriate content.
7.7. The User will not disturb, threaten or violate, in any way, the rights of third-parties. The User will not invade or obtain, in any way, access to any property or location that is not allowed to enter. The User will not participate in any activity that may cause injury, death, damage to property, disturbance or liability of any kind. In the event of a dispute with any third-party regarding the use of the App, the User will exempt Augin (and its officers, directors, agents, subsidiaries, joint ventures and employees) from any order, demand and damage (direct or indirect) of any kind and nature, known or not, expected or not, determined or not, due to or in any way related to these disputes.
7.8. The User declares that it is aware of all technical characteristics and functionalities in the App.
7.9. The User undertakes not to take any action that will harm, in any way, Augin brand or reputation.
7.10.The User will assume responsibility for any and all disputes, actions, demands or complaints that are related to the use of the App, and Augin does not have any responsibilities in this regard.
7.11.The User guarantees that the information provided is correct, updated and is in no sense misleading or false.
7.12. Augin will not be responsible for any instability in the system, such as, but not limited to, those that prevent the Projects from being displayed as desired or those that make it impossible to access the files, the App or the website, in any moment. In that sense, the loss of stored data, unavailability or other adverse situation affecting access, data, Projects or any User content will not give rise to any type of repair, compensation or other obligation by Augin.
8. INTELLECTUAL PROPERTY
8.1. All rights related to the App and its features are owned by Augin, including with respect to its texts, images, layouts, codes, databases and other content produced directly or indirectly by Augin. Any meddling, attempted, or activity that violates or contravenes intellectual property law laws and/or the prohibitions set forth in these Terms, including making unauthorized copies, reverse engineering, and/or modifications that may create derivative works, make the person liable to the pertinent legal actions, being also responsible for the indemnities for eventual damages caused.
8.2. The User will retain exclusive, full and entire ownership of its Projects. The User only has the intellectual property of the Projects created by it. For the purposes of providing the best experience in the App, the User grants Augin, free of charge, the personal, non-exclusive and non-transferable right to use them under the terms and conditions established in these Terms and for as long as the Project is saved in Augin’s data base. The User acknowledges that Augin may save the information related to the Project uploaded by the User in the App, using it for comparative purposes, development of Artificial Intelligence and other services related to the data stored.
9. DISPUTE RESOLUTION
9.1. Any dispute between Augin and the User shall be exclusively submitted to the jurisdiction of Porto Alegre, Rio Grande do Sul, Brazil, renouncing any other. No claim arising from, connected or related to these Terms may be proposed after 1 (one) year after the cause of the claim. This term will not be extended for any reason, except with the express written consent of both parties
10. GENERAL PROVISIONS
10.1.These Terms will be governed and interpreted in accordance with the laws of the Federative Republic of Brazil.
10.2.Augin reserves the right to suspend or cancel, at any time, the access of any User to the App in the event of proven fraud, obtaining a benefit or advantage in an unlawful manner or for failure to comply with any of the conditions of these Terms or the applicable laws.
10.3.Augin is not responsible for false or inaccurate statements made by Users that may cause harm to third-parties, to the public administration or to the service itself.
10.4.If any part of these Terms is found to be null or unenforceable by the competent courts, that provision shall be excluded from this instrument, and the remaining provisions will be interpreted as if this clause had been excluded and will be enforceable in accordance with its terms; provided that, in this circumstance, these Terms is interpreted to give effect, to the greatest extent possible and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.
10.5.The provisions contained in these Terms may be updated or modified at any time, so that the User is responsible for verifying it whenever accessing the App.