TERMS AND CONDITIONS OF USE

Last updated: July 14, 2021.

Below, we present the Terms and Conditions of Use (“Terms”), a document that sets out the main rules that must be observed by anyone accessing the ZOOX website, provided by ZOOX SMART DATA (hereinafter referred to as “ZOOX”, the “Company” or “We”).

As a condition for accessing and using the exclusive features of the ZOOX website, the USER (person who accesses ZOOX’s website) declares that USER has read the rules contained in this document and its Privacy Policy thoroughly and carefully, being fully aware of and thus freely and expressly agreeing with the terms stipulated herein. If you do not agree with these directives, the USER must discontinue access.

In this document, you will find the following topics:

1. INTRODUCTION TO TERMS AND CONDITIONS OF USE

Here, we explain who the Users are and eligibility criteria, that is, criteria that allow a User to access the Zoox website and use its features.

2. ZOOX'S OBLIGATIONS AND RESPONSIBILITIES

In this topic, Zoox identifies the cases in which it assumes legal responsibility, in addition to the provisions of the Privacy Policy. It also explains in which situations Zoox will not be liable for any damages suffered by you, which are beyond the scope of action, control and responsibility of Zoox and which, therefore, will not be the object of solutions or repairs by Zoox.

3. USER OBLIGATIONS AND RESPONSIBILITIES

In this section, we describe your obligations (behaviors that must be followed) in relation to accessing and using the Zoox website and its functionalities, so that you do not suffer any type of legal liability or limitation in the use. 

4. INTELLECTUAL PROPERTY

By law, Zoox retains certain rights with respect to the brands and contents created by it. Here, we explain what characterizes an improper and unauthorized use of this Zoox property. 

5. PROTECTION OF YOUR PERSONAL DATA

Here, we are committed to the best data protection practices and we recommend that you read Zoox’s Privacy Policy carefully.

6. SERVICE

In this item, we present the contact information available for questions or requests related to these Terms.

7. GENERAL PROVISIONS

This section informs, for example, which law applies to these Terms and about the possibility for Zoox to change and update, at any time, the provisions of its documents, such as these Terms and Conditions of Use and the Policy of Privacy. We strongly recommend that you always read them with each new access to the Zoox website.

1. INTRODUCTION TO TERMS AND CONDITIONS OF USE

1.1. These Terms apply to USERS who access and use the functionalities of the ZOOX website, its contents and other available services (“Services”), which belong exclusively to ZOOX.

1.1.1.are considered USERS all persons who access or interact with the ZOOX website or any of its features.

1.1.2. All USERS must, without distinction, be over 18 (eighteen) years of age, having full legal capacity to accept these Terms and use the Services offered.

1.1.3. ZOOX can change the eligibility criteria, use of facilities, site content and services at any time, without having to issue any kind of communication or notice to the USER.

2. DUTIES AND RESPONSIBILITIES OF ZOOX

2.1. The following are obligations of ZOOX:

2.1.1 To display the functionalities and Services in a clear, complete, precise and sufficient way so that there is an exact understanding of the operations carried out, and

2.1.2 To protect the data collected by ZOOX in the way it deems most efficient.

2.2. ZOOX uses its best efforts to maintain the availability of its features. However, there may eventually be some temporary unavailability resulting from necessary maintenance or even generated by force majeure, such as natural disasters, unforeseeable circumstances, such as failures in communication systems and Internet access or third-party facts that are beyond its sphere of vigilance and responsibility, and ZOOX is not responsible for any of these events, nor for the unavailability of the website, the Services or any of its functionalities.

2.2.1. Under these circumstances, ZOOX will endeavour its best efforts to re-establish access as soon as possible, within the technical limitations of its services and third-party services on which ZOOX depends for availability.

2.3. Under no circumstances will ZOOX be responsible for:

2.3.1. Services provided by third parties available or referenced by ZOOX, the USER being responsible for verifying and being aware of the contracts, terms and conditions of referenced third parties for the contracting and use of the respective Service, ZOOX being a mere intermediary of its availability;

2.3.2. Failures of access to ZOOX arising from circumstances related to the unavailability of Internet in general, power outages, digital or physical malfunction of any telecommunications network, interruptions or suspensions of connection and failures in software and/or hardware used by USERS;

2.3.3. Any problems, bugs, glitches or improper functioning that occur in the devices and equipment of the USERS;

2.3.4. System errors that alter data or information of ZOOX;

2.3.5. Any direct or indirect damage caused by third-party events, such as hacker attacks, system, server or Internet connection failures, including byactions software malicious, such as viruses, Trojans and others that may in any way damage the equipment or the connection of the USERS as a result of accessing, using or browsing ZOOX website, as well as the transfer of data, files, images, text, audio or videos contained in the equipment of the USERS, and

2.3.6. The information contained in the registrations made through ZOOX, it being certain that the data contained in the registrations are the full responsibility of the respective USERS, who will be solely responsible for civil and criminal sanctions that may result from the inaccuracy of these data.

2.4. ZOOX can, according to its business objectives, modify, temporarily suspend or discontinue features, Services and / or content made available by it, at any time and in its sole discretion, including whenever deemed necessary to provide the best Services to USERS.

2.4.1. ZOOX may, at any time, alter, adapt or reshape the content, layout, functionality and/or tools related to ZOOX or the Services, provided it is in accordance with the applicable law.

2.5. ZOOX can also perform scheduled shutdowns for maintenance, updating and configuration settings of its website, aimed at improving the quality of the Services provided to its USERS, using its best efforts to cause maintenance hours not not to coincide with business hours nor peak access.

2.5.1. However, if there is emergency maintenance to be carried out, it may occur during business or peak hours, and without prior notice, and in these cases, ZOOX will not be held responsible for the unavailability because there is a well-founded justification for the maintenance to occur in this manner.

2.6. ZOOX will not be responsible under any circumstances for any damages, including lost profits, related to the suspension of access to ZOOX. USERS have no right to demand the availability of ZOOX as best suits them, nor may request compensation or reparation for damages if ZOOX remains off the air, regardless of the motivation.

2.7. ZOOX may, at its sole discretion and without any obligation, at any time, in order to minimize risk of human error and/or misuse of ZOOX website, make unavailable, on a temporary basis, certain features or services until any nonconformities are corrected .

2.8. ZOOX may restrict, limit or prevent, by any means or form, access of one or more USERS to ZOOX website, in its sole discretion, especially in repeated cases of suspected fraud or any other action which impairs or might impair the operation of its services and functionalities.

2.9. ZOOX reserves the right to, at any time and without notice, suspend the services available to an USER that infringes any of the provisions set forth herein, practice, assist or instigates acts that may undermine the proper functioning of the ZOOX website, or that uses unlawful acts for actions on ZOOX website, including, for example, the insertion of false and/or incorrect data, the use of fraudulent or non-existent cards, among other acts that may infringe any legal provision provided for in the legal system.

3. USER OBLIGATIONS AND RESPONSIBILITIES

3.1. USERS are responsible for and undertake to:

3.1.1. Use correctly and ethically the ZOOX website, respecting the conditions governing its use and purpose;

3.1.2. Provide correct, complete and updated information and registration data, in addition to informing a contact channel capable of being activated by ZOOX for the best fulfillment of the Services, being civilly and criminally responsible for all the information you provide to ZOOX, updating the same whenever there is any change;

3.1.3. Have compatible devices and equipment, Internet connection service with antivirus and firewall enabled and software duly updated;

3.1.4. Leave your systems antispam, similar filters or message redirection settings adjusted so that they do not interfere with the receipt of communications and materials from ZOOX, no excuse being acceptable if you have not had access to any email or electronic message due to the mentioned resources;

3.1.5. Respect all intellectual property rights owned by ZOOX, as well as all rights relating to third parties that may be or were, in any way, available on ZOOX;

3.1.6. Not accessing ZOOX's programming areas, database or any other set of information that is part of the administration activity;

3.1.7. Not to practice reverse engineering or otherwise translate, decompile, copy, modify, reproduce, rent, sublicense, publish, disclose, transmit, lend, distribute or otherwise dispose of tools of ZOOX, its contents and its features;

3.1.8. Not to use software spider, or data mining, of any type or kind, in addition to any other not described here, but which acts in an automated manner, either to carry out mass operations and for any other purposes not expressly authorized by these Terms;

3.1.9. Not to transmit material containing computer viruses or other code, files, scripts, malicious computer agents or programs;

3.1.10. Not to maliciously exploit the security of ZOOX for the practice of illegal acts, prohibited by law and by these Terms, harmful to the rights and interests of ZOOX and third parties, or which, in any way, may damage, disable, overload or deteriorate the ZOOX website or otherwise be detrimental to it;

3.1.11. Be solely responsible for any damage caused by you to ZOOX or third parties due to non-compliance with the obligations set forth herein or the incorrectness of the information provided, without any subsidiary or joint obligation of ZOOX.

3.2. The functionalities that make up ZOOX are offered in the form of Services rendering, and do not grant the USER any rights to the software used by ZOOX, its content or the technology structures that support the same.

3.3. The removal, blocking or suspension of any content or functionality of ZOOX as a result of any claim must always be understood as a demonstration of the intention to avoid damages and losses with good faith and intention of reaching an amicable solution of conflicts, never as the acknowledgment of guilt or any infringement by ZOOX to the right of a third party.

4. INTELLECTUAL PROPERTY

4.1. All rights relating to ZOOX, as well as its functionalities, are owned by ZOOX, including with regard to all intellectual property rights related to its texts, images, graphics, brands, layouts, codes, databases and other content developed directly or indirectly by ZOOX (“Intellectual Property Rights”). The unauthorized use of any content or brands presented by ZOOX is expressly prohibited.

4.2. Any use of Intellectual Property Rights owned by ZOOX can only be made with the prior and express authorization from ZOOX. The USER assumes any and all civil and criminal liability for the improper and unauthorized use of the Intellectual Property Rights.

4.3. The commercial use of the expression "ZOOX" or words that resemble it, but with different spelling, such as brands, business names or domain names, in addition to the contents of the screens of ZOOX, as well as computer programs, databases data, networks and their files are owned by ZOOX and are protected by laws and international treaties for the protection of intellectual property, including Federal Laws nº 9.609/98, nº 9.610/98, nº 9.279/96 and nº 10.406/2002.

4.4. By accessing ZOOX's website, USERS declare that they will respect all of ZOOX's Intellectual Property Rights, including, but not limited to, computer programs, copyrights and industrial property rights on trademarks, patents, domain names, corporate name and industrial designs, deposited or registered in the name of ZOOX, as well as all rights relating to third parties that may be, or were, in any way, available on ZOOX.

4.5. The access to or the use of the Services and of ZOOX do not grant USERS any rights to use the names, titles, words, phrases, brands, patents, domain names, corporate name, images, illustrations, data and information, among others, that are or were available.

4.6. The use of the ZOOX website is prohibited for any purposes that contravene these Terms and the Privacy Policy; the reproduction, distribution and dissemination, in whole or in part, of the texts, figures and graphics that comprise the ZOOX website depend on the prior and express authorization from ZOOX.

4.7. Any other type of use of authorized material, including for editorial, commercial or advertising purposes, can only be done in the manner determined by ZOOX and with its prior and express authorization.

4.8. Any reuse of authorized material must be subject to a new authorization from ZOOX.

4.9. The authorization granted to use the requested material cannot be transferred to third parties, even if linked to the authorized subject.

4.10. The USERS assume any and all civil and/or criminal liability for the misuse of information, texts, graphics, brands, patents, domain names, works, images, logos, in short, for any and all intellectual or industrial property rights held by ZOOX.

4.11. The submission by the USER to ZOOX, through its website or through the channels disclosed, of content regarding ideas for new products, improvements to existing ones, advertising campaigns or any other marketing action, will imply authorization of use of the content by ZOOX, being at the sole discretion of ZOOX to offer any type of pecuniary reward or non-financial compensation for what was sent, with the waiver by the USER of its rights to any complain in this regard.

5. DATA PROTECTION

5.1. ZOOX has its own document, called Privacy Policy, which regulates the processing of personal data collected by ZOOX, which is an integral and inseparable part of these Terms.

5.2. If any provision of the Privacy Policy conflicts with any other of this document, the one described in the most specific document shall prevail.

6. SERVICE

6.1. Any questions or requests related to these Terms may be sent to ZOOX via email support@zooxsmart.com.

7. GENERAL PROVISIONS

7.1. These Terms may be changed, at any time at the sole discretion of ZOOX in order to reflect adjustments made to its website and aiming at improving the functionality and provision of Services to USERS.

7.2. These Terms are subject to constant improvements and enhancements. ZOOX reserves the right to modify the same at any time, for its purpose or at its convenience, such as for the adequacy and legal compliance of a provision of law or standard that has equivalent legal force, the USERS being responsible for checking it whenever the access the ZOOX website.

7.3. By accessing the ZOOX website, the USER agrees to be guided by these Terms as in force on the date of access. 

7.4. The tolerance of any non-compliance with any provision in this document will not constitute a novation of the obligations stipulated herein, nor will it prevent or inhibit its enforceability at any time.

7.5. If any provision of this document is deemed inapplicable or without effect, the remainder of the document will continue to be in force, without the need for a judicial measure to declare such assertion.

7.6. These Terms do not create any other type of bond between USERS and ZOOX, including, without limitation, partnership, joint venture, mandate, representation, partnership, consortium, association, formation of an economic group, employment relationship or similar. ZOOX will remain an independent and autonomous entity.

7.7. USER acknowledges that all communications carried out by telephone, email, instant message application, SMS or any other digital, virtual or physical form relating to the data and information provided and registered on ZOOX are also valid, effective and sufficient for the dissemination of any matter that refers to the Services provided by ZOOX, as well as the conditions of its provision or any other matter addressed therein, except when otherwise expressly provided for in these Terms.

7.8. ZOOX is based on the official date and time of Brasilia.

7.9. This document will be governed by and interpreted in accordance with the applicable legislation, with the domicile of the USER being elected to settle any dispute or controversy involving this document, with due regard to personal, territorial or functional jurisdictional rules of applicable legislation.

Thanks for your attention, and welcome to ZOOX!