Terms And Conditions Of Use

GENERAL CONDITIONS AND TERMS OF USE 2023

ARTIFICIAL INTELLIGENCE ENGINEERS DESENVOLVIMENTO DE SOFTWARE LTDA., limited liability company, registered with the CNPJ under number 10.477.642/0001-30, with headquarters in the city of Porto Alegre - RS, at Rua Brito Peixoto, 184, Passo da Areia neighborhood, CEP 91.030-400, hereinafter simply referred to as SENTIMONITOR; and the person with name [username] and email [email], hereinafter simply referred to as USER:

CONSIDERING:

  1. that SENTIMONITOR acts in the commercialization of Licensing of Use of Reputation Monitoring Platform in the Internet, hereinafter referred to simply as SENTIMONITOR or of MONITORING PLATFORM, whose purpose is to capture information about people, brands and organizations posted on social networks, newspapers and electronic magazines; interpret and qualify the captured and selected content; and present the results interactively or through data export.

  1. that the USER wants to take advantage of the added value resulting from the use of the SENTIMONITOR;

RESOLVE the parties, by mutual agreement, enter into this Private Instrument of Service Provision Agreement, which will be governed by the following clauses and conditions:

Clause 1 - Definitions

1.1         The following definitions will apply to the following terms and words when used in the contract:

1.1.1         “System” represents the set of hardware and software necessary to enable the services object of this contract;

1.1.2         “User” means an individual identified by a short login name and a password to access the SENTIMONITOR;

1.1.3         “Password” represents the individual code created by each User to access the SENTIMONITOR;

1.1.4         “Content” represents the information captured in searches carried out by Users;

1.1.5         “Login” represents access to the SENTIMONITOR by identifying the User and inserting the respective individual password;

1.1.6         “Fan Page” means the standard electronic page provided by Facebook, also known as the “Facebook Page”;

1.1.7         “Fans” represent the number of followers of a Fan Page: a Facebook user becomes a “Fan” of a Fan Page the moment he “likes” (according to Facebook's own terms) the same.

1.1.8         “Search” represents the monitoring carried out by the SENTIMONITOR based on keywords (or expressions) and research sources indicated by the User;

1.1.9         “Mentions” represent a post or comment containing a keyword specified by the user or a post or comment on a Fan Page, Forum or Community specified by the user.

1.1.10         “Registered Users” represents the number of users allowed in the contracted plan.

1.1.11        “Sentiment Rating” refers to the act of attributing by human or computational means a polarity to collected messages, which can be classified as positive, negative or neutral

Clause 2 - Purpose

2.1         SENTIMONITOR is a company providing technology services in monitoring social networks, and by this instrument and in the best form of law, willingly and liberally propose to provide for the USER TEMPORARY LICENSE TO USE SOFTWARE for social media monitoring services including:

2.1.1   24/7 collection and processing of social media posts using the software SENTIMONITOR up to the limits of 500 mentions collected, using up to 10 search keys, for up to 7 calendar days, and these keywords can be changed by the client.

2.1.2 The TEMPORARY LICENSE TO USE THE SOFTWARE will be revoked and the access by the USER will be stopped automatically after 7 calendar days, unless the USER purchases a platform access plan SENTIMONITOR.

Clause 3 - Use License and Conditions for Service Provision

  1. It is agreed that there may be interruptions to access and use of SENTIMONITOR for a period of up to 24 hours, when technical adjustments or maintenance of the MONITORING PLATFORM, being dispensed with provision of advance information about such interruptions.
  2. SENTIMONITOR is responsible for responding to requests for support, clarifications, among others, made by the USER, providing any assistance and clarification that may be necessary, as long as they are related to the software and services offered by SENTIMONITOR and expressly provided for in this contractual instrument.
  3. The USER can request support for the use of the tool via email sup@sentimonitor.com, from 9:00 am to 12:00 pm and from 2:00 pm to 5:00 pm, from Monday to Friday. These are the only channels considered valid for requesting support for the use of the tool, demands for contracted services or information.
  4. When calling the technical support service of SENTIMONITOR, the USER undertakes to cooperate with the technical support team of SENTIMONITOR in the resolution of the demands listed by the team of the USER, providing information on demand details and feedback about the quality and effectiveness of the solution presented by the support team.

Clause 4 - Obligations and Responsibilities of the Parties

4.1        The USER is obligated to:

4.1.1 Inform to SENTIMONITOR any alteration of the data mentioned in the Preamble of this contractual instrument, including any change of e-mail address, under penalty of not doing so, all notices and notifications sent to the addresses initially informed and contained in this contract will be considered valid;

4.1.2 Refrain from providing access to the SENTIMONITOR, by providing the necessary data (Username and Password) to carry out the Login by people who have not obtained the Use License.

4.1.3 Not to use materials and information obtained as a result of research carried out through the SENTIMONITOR for the practice of illicit conduct, under penalty of immediate suspension and/or termination of the provision of services contracted herein, regardless of notice or notification;

4.1.4 Cooperate with the technical support team of SENTIMONITOR in the resolution of the demands listed by the team of the USER:

4.1.4.1        Providing the information requested by the SENTIMONITOR in a timely manner, in the format specified by the SENTIMONITOR, in order to enable the resolution of the demands of the USER sent to the support team of SENTIMONITOR.

4.1.4.2        Providing feedback to SENTIMONITOR regarding the performance of the support team in solving the problems and support listed.

4.1.5 Comply in all aspects with all terms of service and privacy policies of supported platforms, such as:

4.1.6 Without prejudice to the obligations listed above, answer for the other specific and determined obligations that, by common agreement, have been assigned in this contractual instrument.

4.2         SENTIMONITOR is not responsible for the guarantee of operation of the MONITORING PLATFORM as a result of incompatibility with Systems used by Users and/or problems related to access to the Internet, even if such circumstances appear as an obstacle to the use of the SENTIMONITOR.

4.3 The USER's personal data will be processed, handled, retained and deleted in accordance with as in SENTIMONITOR Privacy Policy and Use of Personal Data, publicly available at https://app.sentimonitor.com/privacy.

Clause 5 - Communication between the Parties

5.1         Contacts and/or simple communications between the contracting parties for everything arising from this contract will be done by electronic mail, which is accepted by both parties as a suitable means for this purpose.

5.2        For everything related to requests for technical support, complaints and any other matter that depends on evidence, registration or documentation, the only appropriate means for any of these purposes will be written communication, the use of electronic mail being admitted.

5.3         The contact electronic address for each of the parties will be the one contained in the Preamble of this Agreement for contractual and financial issues, and the constant in 3.3 for technical support (sup@sentimonitor.com).

Clause 6 - Property Rights

6.1         The title and ownership of the SENTIMONITOR will remain exclusive to ARTIFICIAL INTELLIGENCE ENGINEERS DESENVOLVIMENTO DE SOFTWARE LTDA., which holds all intellectual property rights over the software.

6.2        All business tags (trademarks), trade names, logos, copyrights and other designations used by SENTIMONITOR in connection with the SENTIMONITOR are and shall remain the exclusive property of ARTIFICIAL INTELLIGENCE ENGINEERS DESENVOLVIMENTO DE SOFTWARE LTDA.

Clause 7 - Relationship between the Parties

7.1         In no case the SENTIMONITOR shall be liable for any damages and/or liabilities arising from the conduct of the USER, being the USER responsible for any and all liability, in which case any legal claims filed by third parties against the SENTIMONITOR will be fully assumed by the USER, the latter being responsible for the reimbursement of any amounts that the other may incur, whether resulting from a judgment or court agreement.

7.2         The USER will be the unique and exclusive responsible for searches and surveys carried out through the SENTIMONITOR, as well as the result of these, declaring itself aware that the information and content captured by the SENTIMONITOR come from the conduct of third parties, so that the SENTIMONITOR is exempt from any liability relating to the results made available by the software SENTIMONITOR.

Clause 8 - The Territorial Scope of This Agreement

8.1        This contract covers the entire national territory and abroad, applying both the rights and obligations for the entire Federative Republic of Brazil and other countries.

Clause 9 - Termination

9.1 It is agreed that the revocation of access to or results of the platform SENTIMONITOR for any reason and at any time does not generate the right to any fine or compensation.

9.2 This license to use may be revoked and terminated immediately by SENTIMONITOR in case of use of false or incorrect data, or the use of SENTIMONITOR by non-licensed persons through Username and Password created for License of Use granted to the USER.

9.3 The temporary trial use license will be automatically revoked after the trial period specified in Clause 2.

Clause 10 - General Conditions

10.1        The non-exercise of any of the rights or prerogatives provided for in this instrument, or even in the applicable legislation, will be considered as an act of mere liberality, not constituting an alteration or novation of the obligations established herein, whose compliance may be required at any time, regardless of prior communication aside.

10.2         In the event that any term or provision of this contract is declared null or unenforceable, such nullity or unenforceability will not affect the remainder of the contract, which will remain in full force and effect, as if such provisions had never been incorporated into it, to the extent that it is possible to maintain the economic and financial balance of this relationship.

Clause 11 - Of the Forum 

11.1        The parties elect the jurisdiction of Porto Alegre, RS, Brazil, to resolve any doubts or questions arising from this contract, with express waiver of any other, however privileged it may be.

Join on [DATE] the USER from NAME [name] and EMAIL [email] to the gift by clicking and selecting the box below “I ACCEPT”.

[X] I ACCEPT

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