1.1 For the proper understanding and interpretation of this Term, the expressions below have the following definitions:
i. "Application" the Augin app, an augmented reality app that lets you mix virtual elements into the real world;
ii. "Augin" AUGIN SOFTWARES LTDA., Limited liability company, registered with CNPJ / MF under number 34.804.848 / 0001-95, NIRE number 43208520711.
iii. "Personal information" ou "Personal data" any information that can identify the User and is provided by him, such as his name, information about the device, cookies and other information collected during use.
iv. " Login" e-mail or name informed by the User at the time of registration, which must be used for the Application;
v. "Project" models sent by Users using augmented reality;
saw. "User" all people, without restrictions, who do the download for free of the Application and make the respective Registration.
2. INFORMATION PROVIDED
2.1. When the User registers with the Application, Personal Information is requested. The information sent may be used to provide a better experience and improve the quality of the services provided.
2.2. The submission of data by the User is completely voluntary. It is not mandatory for the User to provide the requested personal information, however, if he chooses not to provide it, this may result in loss of access or limit the functionality of the Application.
2.3. The use of the Application may also provide the opportunity to collect other information about devices used by the User, such as the hardware model, operating system version, mobile network information, unique product identifiers, among others.
2.4. When using the Application, the User authorizes the sending of emails, messages through the Application and push notifications, with informative content and strictly related to the Application.
2.5. Augin may share some or all of the Users' Personal Information with affiliated companies, subsidiaries, joint ventures or other companies under common control, for various purposes, including commercial, operational and marketing purposes. Augin can and reserves the right to share your information with any other company that is not currently but may become a parent, subsidiary or affiliate of Augin.
2.6. Augin may collect and use location information from your device as the User uses the Application (and, if the User chooses to enable background tracking, while the User is not interacting directly with the Application), including how User gets around. The Application may use the 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 to operate these features and plan the location of resources. Augin will identify the location using a number of technologies, including GPS, the WiFi points through which you are accessing the App and triangulation of cell towers.
2.7. Augin collects and uses the User's actions and achievements in the Application, 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 Application to the User and to ensure that we offer an appropriate user experience for all users, in accordance with the applicable terms and policies.
3.1. When choosing to provide his Personal Data, the User expressly gives his consent for the collection, use, handling, transfer and retention of his Personal Data, in accordance with the provisions established in this Term and the legislation in force. If the User does not agree with this Term, the User must stop using the Application.
4. PURPOSE FOR THE PROCESSING OF PERSONAL DATA
4.1. Users' Personal Data will be treated according to 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 related to the Application.
4.2. Information that is not individually identifiable may be passed on to advertisers, suppliers, 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 analysis purposes, demographic profile, targeted advertisements or for other purposes.
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 your Personal Data only to perform services on behalf of Augin, in accordance with this Term, and Augin makes sure that each of them is contractually obliged not to disclose or use your Data Personal 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 provision of data;
b) The feasibility 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 Application 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 he does not wish to proceed with the use of the Application, he may delete his 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 their mobile devices that access the Application are protected against viruses, malwares, intrusions or other mechanisms that disrupt your privacy and copy your 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 here.
6.2. Although Augin strives to ensure the security and integrity of Personal Information provided, 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 their care, will be safe from the intrusion of others. The User uses the Application and provides his information at his own risk.
7. USER RESPONSIBILITIES
7.1. The User agrees to provide Augin with all documents, elements, data and information necessary for the proper functioning of the Application. In general, the User agrees to actively cooperate with Augin for the performance of the Application and report any difficulties encountered.
7.2. The User is solely responsible for the use of the Application, especially with regard to: (i) use of the Application by its employees, employees or partners; (ii) the relationships that may be established between the User and its customers; and (iii) the relationships that may be established between the User and third parties, based on the information in the Application.
7.3. The User is exclusively responsible for effectively complying with the applicable labor, tax, social security, assistance and insurance legislation.
7.4. The User must use the Application 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 places himself - or places other individuals - in situations of risk to health and / or property -be. The User is solely responsible for any risks assumed.
7.5. The User declares that he will not use the Application to violate any applicable law, regulation, event policies or guidelines, nor will he encourage such behavior by third parties.
7.6. The User declares that he will not use the Application 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 Application, 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 he is aware of all technical characteristics and functionalities of the Application.
7.9. The User undertakes not to take any action that will harm, in any way, the Augin brand or its 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 Application, and Augin does not have any responsibility in this regard.
7.11.The User guarantees that the information provided is correct, updated and is not, in any 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 that make it impossible to access the files, the Application or the website, regardless of the moment in which it occurs. In this way, 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 Application and its functionalities 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 stipulated in this Term, including making unauthorized copies, reverse engineering, and / or modifications that may create derivative works, will make the liable to the relevant legal actions, being also responsible for the indemnities for any damages caused.
8.2. The User will maintain exclusive, total and complete ownership of his Projects. For purposes of better experience in the Application, the User provides Augin, free of charge, with a personal, non-exclusive and non-transferable right to use the Projects under the terms and conditions set out in this Term. The User acknowledges that Augin will be able to store the information of the Projects made available in the Application, using it for comparative purposes, development of Artificial Intelligence and other services that prove to be pertinent with the stored data.
8.3. The User will own the intellectual property only of the Projects created by him. For the purposes of using the Application, the user grants Augin, free of charge, the personal, non-exclusive and non-transferable right to use the Projects while they are stored in its database.
9. THE FORUM
9.1. Any dispute between Augin and the User must be exclusively submitted to the jurisdiction of the District of Porto Alegre, Rio Grande do Sul, Brazil, waiving any other, however privileged it may be. No action arising, connected or related to this Term may be proposed after 1 (one) year after the cause of the action. This period will not be extended for any reason, except with the express and written consent of both parties.
10. GENERAL PROVISIONS
10.1.This Term 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 Application 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 applicable legislation .
10.3.Augin is not responsible for false or inaccurate statements made by Users that may cause harm to third parties, the public administration in general or the service itself.
10.4.If any part of this Term is considered void or unenforceable by the competent courts, such provision must be excluded from this instrument, and the remaining provisions will be interpreted as if this clause had been excluded and will be enforceable according to its terms; provided that, in this circumstance, this Term is interpreted in such a way as 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 this Term may be updated or modified at any time, and the User is responsible for verifying it whenever accessing the Application.