Terms and conditions of use
Last update: October 20, 2020
The present Terms and Conditions of Use (“Terms and Conditions of Use”) are intended to regulate the legal aspects related to the use of the platform called FieldPRO (“FieldPRO Platform”), which consists of an interactive platform accessible online through the website and application as defined below.
NEOFIELD TECNOLOGIA E AGRICULTURA DE PRECISAO S.A. (“Neofield”, “FieldPRO” or “we”), registered with CNPJ / MF under no. 31.279.908 / 0001-00, operates the Website and Application in accordance with the Terms and Conditions of Use described herein and other published guidelines, located on Avenida Rua Afonso Braz, 351B Vila Nova Conceição, in the Municipality of São Paulo, State of São Paulo, CEP: CEP: 04511-011.
The FieldPRO Platform, among other activities, provides users with information related to the soil, plant and crop climate, through simultaneous and continuous monitoring sensors, which aim to inform the risks of agriculture and provide personalized recommendations, such as the phase of the crops, humidity, temperature, precipitation, reference evapotranspiration, leaf wetness, degree-days, water balance, electroconductivity, salinity; preventive measures to monitor crop development and increase profitability and sustainability in each production cycle. In addition, the FieldPRO Platform provides all the aforementioned data, with weekly forecasts, historical data for the region, sowing calendar and procedures, productivity charts and specificities of the plots.
Acceptance of the Terms and Conditions of Use is essential for the use of the FieldPRO Platform and is contractually binding on the Parties (as defined below). The User must ensure that he has read, understood and agreed to these Terms and Conditions of Use, otherwise he will not be able to access and use the FieldPRO Platform.
The User, by accepting the present Terms and Conditions of Use, declares that he / she has full capacity of understanding in relation to all the terms and conditions provided herein. If, for any reason, the User does not fulfill any of the requirements set out above, he must contact FieldPRO on the digital site provided above.
THE USER ACKNOWLEDGES THAT FAILURE TO ACCEPT THE MODIFIED TERMS AND CONDITIONS OF USE WILL SUSPEND THE USE OF THE FIELDPRO PLATFORM, WHICH WILL ONLY BE RELEASED AFTER NEW ACCEPTANCE OF THE MODIFIED TERMS AND CONDITIONS OF USE.
- Acceptance of Terms and Conditions of Use
- User Account
- User Conduct
- Internet access, equipment and accessory devices
- Intellectual Property Rights
- License to use the Platform FieldPRO
- Platform Redirection FieldPRO
- Platform social media features FieldPRO
- User Activities
- Authorization for Use of User Content
- Disclaimer and limitation of Warranties
- Limitation of Liability
- Extinction of Rights
- Termination Contractual
- General provisions
Applications: mobile platforms that provide non-browser based interactions (browser) between the User and the FieldPRO Platform;
Climate: set of atmospheric and meteorological conditions that characterize a region, due to the influence they have on life on Earth;
User Account: User registration and identification, with login and password to access the FieldPRO Platform;
Content: graphics, tables, newsletters, notices, messages and notifications, services or supporting materials, which include, but are not limited to images, texts, layouts, schemes, illustrations, documents, audio and video clips, HTML, forms for generation electronic documents and other files available on the FieldPRO Platform;
User Content (s): any data that, under the terms of Law No. 13,709 / 2018 (Brazilian General Data Protection Law – “LGPD”), is considered to be the User’s personal data, allowing their present or future identification;
Activity History: functionality available on the FieldPRO Platform where it is possible to access the history of plantation activities whose data are analyzed on the Platform as well as the User’s activities in his User Account;
Unauthorized Informationat: information or activities that the User must not make available, send, upload, transmit or perform through the FieldPRO Platform;
Data deletion: deletion of data or data set containing Personal Information stored in a database, regardless of the procedure employed;
Non-Personal Information: information that, in isolation, makes it impossible to identify the User, which includes Internet pages that the User has visited, among other information collected by FieldPRO and disconnected, in an irreversible process, from the User Content;
Notifications: communications, notices and messages sent to the User, either via email or via the FieldPRO Platform’s electronic messenger
Plant: organisms of the Plantae kingdom, attached to a substrate;
FieldPRO Platform: interactive interface owned by Neofield, which supports all services and functionalities available to the User, which may be made available in the form of a Website, interactive interfaces, mobile applications, without limitation of other means;
Productivity: functionality available on the FieldPRO Platform where it is possible to access the productivity of the plantation whose data are analyzed on the Platform;
Cycle Summary: functionality available on the FieldPRO Platform where it is possible to access the summary of the plantation cycle whose data are analyzed on the Platform;
Services: services offered by the FieldPRO Platform;
FieldPRO servers: software, computer or physical or virtual instance that provides the FieldPRO Platform with web services, e-mail, database, proxy, FTP, operating system, among others;
site: set of hypertexts managed by Neofield and accessible via www.fieldpro.com.br;
Third Party Sites: sets of hypertexts managed by third parties;
Ground: land surface where planting takes place;
Sensor:platform hardware, instrument composed of 18 sensors that analyze the conditions of the Climate, Plant and Soil;
Field: portion of land with some planting;
The 3rd: persons or entities that are not contractually bound by these Terms and Conditions of Use;
User: user who registered on the FieldPRO Platform to obtain a User login and password, signed up to access the Services and Content provided by Neofield;
- ACCEPTANCE OF TERMS AND CONDITIONS OF USE
2.2. The User will be informed about any changes, which he must accept to continue accessing and using the Platform FieldPRO.
2.3. If the User does not accept the updates to the Terms and Conditions of Use, their use and / or access to the Platform FieldPRO will be suspended. Any updates to the Terms and Conditions of Use will be effective immediately after publication on the Site.
2.4. The continued use of the Platform FieldPRO after the publication of the updated version of the Terms and Conditions of Use, with or without notification, constitutes the User’s acceptance. Thus, the User undertakes to periodically check for updates.
- USER ACCOUNT
3.1. To use and access the Platform FieldPRO, the User must register and maintain an active User Account. User Account registration requires the User to submit certain User Content to FieldPRO, such as his name and email. To access the FieldPRO Platform Services, the User must inform specific field data, such as address and cultivation, without prejudice to other complementary registration information that may be necessary.
3.2. If the User is between 14 (fourteen) and 18 (eighteen) years of age, currently or until March 15, 2020, and is not emancipated, the activation of his User Account will depend on the authorization of at least one of his parents or the responsible cool.
3.3. The User agrees to keep the information correct, complete and updated in his User Account, being responsible for the veracity of the information. If the User does not maintain the correct, complete and updated information in his User Account,
(i) he may be unable to take advantage of some of the features available on the Platform, such as Cycle Summary, Productivity, Activity History and the like;
(ii) the quality of the data generated and features available on the Platform may be impaired; or
(iii) Neofield may resolve these Terms and Conditions of Use.
3.4 The User is responsible for all activities carried out on his User Account and agrees to always maintain the security and confidentiality of the User Content, the passwords used and any other credentials necessary for navigation and use of the Platform FieldPRO. The User may not maintain more than 1 (one) User Account linked to it.
3.5. The User may, at any time, share the information entered in his User Account about his fields so that other Users, such as his team members, are able to view and / or edit such information. To do this, these other Users must create their own User Account to gain access to the data.
3.6. THE Neofield shall not be responsible for the use of the User Account by any person other than the User, nor for any acts, facts, actions, omissions and possible damages, direct or indirect, arising from such use. The User further declares that his User Account is personal and non-transferable, and its marketing with third parties is expressly prohibited.
3.7 THE Neofield may, at any time and at its sole discretion, without any responsibility to indemnify the User for any damages, restrict or interrupt the User’s access to the FieldPRO Platform, provided that there is a reasonable risk that the User is in breach of any provision of these Terms and Conditions of Use. The User acknowledges that some of the hypotheses of non-compliance, by way of example, may be the following:
(a) Changes not expressly authorized by the User on the FieldPRO Platform;
(b) the User does not meet the age conditions for using the platform (see item 19.3); the performance of any acts by the User that incite, favor, represent and / or facilitate any inappropriate or illegal activities or practices, such as racism, discrimination of any kind, non-compliance with any fundamental rights or legal obligations, committing crimes against honor, life or heritage; and
(c) use of more than one User Account per User.
3.8. The User acknowledges that the Platform FieldPRO and any of its elements, be they images, texts (excluding texts produced by the User), logos, features, Contents, tools etc., are the exclusive property of Neofield, and the User cannot, under any circumstances, take ownership any of these elements to use them outside the FieldPRO Platform, for any purpose, through the use of any means or techniques, such as reverse engineering, cyber-attacks, unauthorized sale or licensing, among others.
3.9. THE Neofield will not be responsible, under any circumstances, for the veracity of the information provided by the User when creating the User Account. Neofield, however, may subject verification and access to the FieldPRO Platform to the submission, by the User, of certain documents to prove his identity and other User Content.
4.1. THE Neofield may contact the User through the Notification services. The User expressly agrees to receive messages, communications, documents and disclosures from FieldPRO including, but not limited to, letter, e-mail, telephone calls, text messages, cell phone image, instant messaging software such as Whatsapp, Telegram, Facebook Messenger and Skype, which may include information and recommendations about the FieldPRO Platform, promotion, marketing or advertising that it believes to be of interest to the User.
4.2. If the User does not wish to receive Notifications, he may, at any time, choose not to receive e-mails, notices and communications promotion, marketing or advertising campaigns by FieldPRO or its partners using the following instructions: send a message requesting cancellation to firstname.lastname@example.org. Even so, FieldPRO may send urgent and necessary notifications, provided they are based on your legitimate interest in accordance with the applicable legislation, including, among others, information about the User Account, services performed, transaction receipts, information about progress or other services that are necessary for the User’s access to the FieldPRO Platform.
4.3 THE Neofield may share User Content with its Affiliates, controlled companies or service providers, such as customer service, billing or collection companies, which you have contracted to obtain your rights or fulfill obligations in accordance with the Terms and Conditions of Use , Neofield policies, applicable law, or any other agreement entered into with the User. The User further consents that such companies may also contact him through automatic dialing or pre-recorded calls and text messages, which will be previously authorized by Neofield to meet the purposes set out above. Standard rates for call and text minutes may apply.
5.1. The User must enable the FieldPRO Platform to authorize the receipt of Personalized Recommendations for their cultures. Such qualification also makes it possible for the FieldPRO Platform to provide the User with different functionalities, such as Cycle Summary, Productivity, Activity History, among others that may be created in the future.
5.2. If the User does not want to receive Recommendations, he may, at any time, disable this option, by sending a request to FieldPRO to an email address:email@example.com.
- USER CONDUCT
6.1. The Platform User FieldPRO declares and warrants that:
a. is aware that the personal and business decisions taken as a result of the Content made available on the FieldPRO Platform are its sole and exclusive responsibility, not generating any type of direct or indirect, individual, joint or subsidiary responsibility for Neofield;
b. will not provide false information;
c. will not defraud any activities or services or Content on the FieldPRO Platform;
d. will not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, in whole or in part, the activities or services of the FieldPRO Platform that have not been expressly authorized in these Terms and Conditions of Use;
e. you will not use the name, brands, service marks or other FieldPRO Content relating to any communications or emails, even if not requested, for any purpose other than those provided herein;
f. will not use automated or electronic means to access the FieldPRO Platform (including robots, spiders, scripts, among others);
g. will not falsely state, pretend to be someone else or otherwise tamper with your identity, use a pseudonym or misrepresent your affiliations with a person or entity, past or present, among other actions;
h. it will not interfere with the activities and services of the FieldPRO Platform, Servers or networks connected to the FieldPRO Platform;
i. will not interrupt the activities and services of the FieldPRO Platform or fail to comply with any requirements, procedures, policies or regulations of Servers or networks connected to the FieldPRO Platform;
j. will answer all questionnaires, tests, evaluations and exams of the FieldPRO Platform to enable the functioning and offer of the functionalities of the referred platform;
k. will access the FieldPRO Platform in appropriate places, respecting the time limit of exposure to the screen of the device used (for example: computers, tablets, smartphones, among others), as well as the minimum distance between the screen and the User;
6.2. The User must not post, upload, transmit or otherwise make available through the Platform FieldPRO any content, communications or other information that:
a. are obscene, false, indecent or defamatory or that slander, abuse, embarrass, discriminate against or threaten any Third Party;
b. have viruses, Trojans, worms, time bombs, cancellation robots, other malicious devices or harmful components that could damage, negatively interfere, clandestinely intercept or expropriate any system, data or User Content;
c. is not authorized to disclose or make available, in accordance with any legislation or contractual or fiduciary relationships (such as privileged, exclusive and confidential information learned or disclosed as part of employment relationships or under confidentiality contracts);
d. consist of automated or electronic means to access the FieldPRO Platform (including robots, spiders, scripts, among others);
e. violate the copyrights, patents, trademarks, trade secrets, publicity rights or any other intellectual property rights or property rights of Third Parties;
f. violate the rights of other FieldPRO Platform Users; or
g. violate any applicable local, state, national or international laws or otherwise advocate or encourage illegal activity.
- INTERNET ACCESS, EQUIPMENT AND ACCESSORY DEVICES
7.1. The User is responsible for the Internet access necessary to access and use the Platform FieldPRO.
7.2 User must acquire and update the equipment and devices necessary to access and use the Platform FieldPRO according to the technical specifications provided.
7.3 The User must also respect the recommendation of the manufacturer of the equipment and accessory devices. THENeofield does not guarantee that the FieldPRO Platform will work on any equipment or device.
7.4 The Platform FieldPRO may be subject to malfunctions and delays inherent in accessing the Internet and the electronic communications network. The User acknowledges that Neofield shall not be responsible for the quality of the User’s Internet access network.
- INTELLECTUAL PROPERTY RIGHTS
8.1. The Platform FieldPRO is owned and operated by Neofield and its licensors. Neofield reserves the right, at any time and from time to time, to modify, discontinue the FieldPRO Platform or any part thereof temporarily or permanently, with or without notice.
8.2 The User agrees that the Neofield shall not be responsible for any modifications, suspensions or discontinuity of the FieldPRO Platform or any part thereof.
8.3 During the term of the Terms and Conditions of Use, no provision provided for in the Terms and Conditions of Use shall be interpreted to oblige Neofield to keep accessible and offer the FieldPRO Platform or any part of it.
8.4. The Content or any material available on the Platform FieldPRO, such as graphics, infographics, tables, graphic design, videos, questionnaires, presentation materials, activities, programs, codes and other images, texts, layouts, schemes, displays, illustrations, documents, materials, audio and video clips, HTML and files are the property of Neofield or its licensors and are protected by copyright, patents and / or other intellectual property rights, in accordance with Brazilian law.
8.5. Unless otherwise expressly permitted in the Terms and Conditions of Use, the User may not copy, sell, resell, display, reproduce, publish, modify, create, transfer, distribute or otherwise commercially exploit the Platform FieldPRO or any Content, or create works that derive from it. Nor can the User unzip, disassemble, access or reverse engineer the source code of any software that may be used to manage the FieldPRO Platform.
8.6. THE Neofield may periodically include software, codes, instructions or other information in the FieldPRO Platform Content or materials; all information is provided as is and is exclusively intended for specific information purposes for each User, subject to the provisions set out in these Terms and Conditions of Use. Use of this Content for commercial purposes is strictly prohibited.
8.7. THE Neofield reserves the right to remove, without prior notice, any content that violates Neofield or third party copyrights, patents, trademarks, trade secrets or any other intellectual property rights. The removal of content for allegations of copyright infringement will occur from the request when it is made through the complaint channel of the FieldPRO Platform or any means offered by it.
- LICENSE TO USE THE FIELDPRO PLATFORM
9.1. THE Neofield, in this act, grants the User the personal, limited, global, non-exclusive, non-transferable, revocable and non-sublicensable personal right and license to use the FieldPRO Platform.
9.2 The User may download the Content, when available, for personal and non-commercial use, so that he can exercise the rights granted to him. The use of the PlatformFieldPRO does not grant the User any intellectual property rights over the FieldPRO Platform and its Content.
9.3 The User must comply with all copyright notices or restrictions contained in the Platform FieldPRO. The User may not change any assignments, legal notices or proprietary rights of the FieldPRO Platform.
- FIELDPRO PLATFORM REDIRECTION
10.1. The User may disclose the Platform FieldPRO on other sites and other internet applications, as long as it does so in a fair and legal manner, does not damage our reputation or take advantage of it. The User may not suggest any form of association, approval, or endorsement by FieldPRO with any Third Party content.
10.2. THE FieldPRO may provide and make available certain social networking features on the FieldPRO Platform that allow the User to:
a. redirect Content from the FieldPRO Platform to the User’s website or third party websites;
b. send e-mails or other communications with certain FieldPRO Platform Content; and
c. make available or display limited portions of the FieldPRO Platform Content on User sites or applications or on Third Party sites.
10.3. The User agrees to cooperate with the FieldPRO to immediately cease any redirection or link established in an unauthorized manner. FieldPRO reserves the right to withdraw permission to redirect Content without prior notice.
10.4 THE FieldPRO may also, at its discretion, disable all or any social media features and any links at any time, without notice.
- FIELDPRO PLATFORM SOCIAL MEDIA FEATURES
11.1. The Platform FieldPRO may contain interactive social media features. The User agrees to use these resources only to send messages, content and text, audio or video information, including comments and feedback related to the purpose for which FieldPRO provided the means of communication.
11.2. THE FieldPRO may provide services that allow users to communicate with employees, such as chat rooms.
11.4. THE Neofield may, at its discretion and in compliance with the determination of legal order, promote the removal of the contents considered to be contrary to the Terms and Conditions of Use, whether these are messages, text, audio or video information, including comments and feedback formulated and presented by the User on the FieldPRO Platform.
11.5. The content of any texts, messages, photographs, videos and files in general published by the User on the Platform FieldPRO is the sole and exclusive responsibility of the User and author of the said post.
- USER ACTIVITIES
12.1. THE Neofield can offer the User the possibility to present, upload, publish or, in any way, make available text and audio or video content and information, including comments and feedback related to the FieldPRO Platform in discussion groups and public forums (“Forums”) , chat rooms, or any other environments.
12.2 THE Neofield does not claim ownership of any User Content that may be presented or made available by the User on the FieldPRO Platform. The User will be the sole and exclusive owner of all rights, titles and interests regarding User Content. The User is solely responsible for the Content he shares.
12.3. The User, in this act, grants to the Neofield an irrevocable, global, perpetual, royalty-free and non-exclusive license to: (i) use, distribute, reproduce, modify, adapt, perform, create derivative works and publicly display any of the activities and content produced, presented or made available to Neofield ; or (ii) otherwise, exploit them, with the prerogative to sublicense these rights for any purpose.
12.4. THE FieldPRO reserves the right to remove or modify any activities produced by the User for any reason.
12.5. The User declares and warrants that, in relation to the activities and content produced from the use of the Platform FieldPRO, enjoys all rights, licenses and / or authorizations to provide them and allow Neofield to use them as provided above;
12.6. The User further agrees to comply with all applicable local rules, including those relevant to online conduct and acceptable content.
- AUTHORIZATION TO USE USER CONTENT
13.2. THE USER WILL BE ASSURED, WHENEVER REQUIRED BY SPECIFIC REQUEST FOR ANY WAYS OF THE COMMUNICATION CHANNELS, THE ELIMINATION OF THEIR DATA STORED BY FIELDPRO. DISPOSAL ONLY COVERS USER CONTENT, DOES NOT REACH NON-PERSONAL INFORMATION, WHICH WILL CONTINUE TO BE USED IN ANONYMOUSLY BY NEOFIELD.
13.3. DELETING DATA WILL IMPLY AUTOMATIC CANCELLATION OF THE USER ACCOUNT.
13.5. NEOFIELD WILL IMPLEMENT THE SYSTEM SO THAT, WHENEVER DATA POSSIBLE, PURSUANT TO ITEM 13.2, WILL BE ELIMINATED WHEN 6 (SIX) MONTHS HAVE BEEN SUBMITTED, OR THE NON-CHANGE OF THE DATA IS NOT USED, OR IN THE CHOICE OF NEOFIELD.
- DISCLAIMER AND LIMITATION OF WARRANTIES
14.1. THE USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. NEOFIELD DISCLAIMS ALL STATEMENTS AND WARRANTIES, EXPRESS, IMPLIED OR LEGAL, NOT EXPRESSLY CONTAINED IN THESE TERMS AND CONDITIONS OF USE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
14.2. NEOFIELD MAKES NO STATEMENT OR WARRANTY ABOUT THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES OR FEATURES RELATING TO THE USE OF THE FELD PLATFORMPRO AND SENSORS, NOR THAT THE FIELDPRO PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. THE USER AGREES THAT THE ENTIRE RISK ARISING OUT OF THE USE OF THE FIELDPRO PLATFORM WILL ALWAYS BE HIS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
14.3. THE USER ASSUMES ALL RISKS OF PERSONAL INJURY, INCLUDING DEATH AND DAMAGE TO MOVABLE PROPERTY, CAUSED BY THE USE OF THE FIELD PLATFORMPRO AND SENSORS.
14.4. THE USER ACKNOWLEDGES THAT THE FORECASTS PRESENTED BY THE PLATFORM FIELDPRO ARE SUBJECT TO CHANGE AT ANY TIME. NEOFIELD IS NOT RESPONSIBLE FOR ANY DAMAGE CAUSED TO THE TOTAL BECAUSE OF ACTIONS MADE BY THE USER, BASED ON THE INFORMATION, RECOMMENDATIONS AND FORECASTS PRESENTED BY THE FIELDPRO PLATFORM. IF THE USER IDENTIFIES THAT THE INFORMATION INSERTED IN THE FIELDPRO PLATFORM IS INACCURATE, HE SHOULD NOTIFY NEOFIELD ASAP.
- LIMITATION OF LIABILITY
15.1. NEOFIELD WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR EMERGING DAMAGES, INCLUDING FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OR DAMAGES OF RELATED OR LIABILITIES RELATED TO LIABILITY OR RELATED LIABILITIES OF RELATED OR LIABILITY RELATED TO RELATED OR LIABILITIES RELATED TO RELATED OR LIABILITIES RELATED TO RELATED OR LIABILITIES OF RELATED OR LIABILITIES OF RELATED OR LIABILITY OR LIABILITIES OF RELATED OR LIABILITIES OF RELATED OR LIABILITIES OF RELATED, OR LIABILITY OF RELATED LIABILITIES OF, AND FIELDPRO AND SENSORES, EVEN IF FIELDPRO HAS BEEN ALERTED ABOUT THE POSSIBILITY OF THESE DAMAGES.
15.2. THE USER ACKNOWLEDGES THAT ITEM “14.1” ABOVE SHOWS THE RISK ALLOCATION AGREED BETWEEN THE PARTIES AND THAT NEOFIELD WOULD NOT CELEBRATE THESE TERMS AND CONDITIONS OF USE OR MAKE THE PLATFORM AVAILABLE FIELDPRO TO THE USER WITHOUT SUCH LIMITATIONS OF LIABILITY. THIS LIMITATION OF LIABILITY APPLIES INDEPENDENT OF ANY REMEDY SET FORTH HEREIN OR NOT TO MEET YOUR BASIC PURPOSE.
16.1 THE USER AGREES TO INDEMNIFY, DEFEND AND EXEMPT NEOFIELD, ITS ADVISORS, DIRECTORS, REPRESENTATIVES, EMPLOYEES AND ASSIGNEE, FOR ALL AND ANY CLAIMS, CHARGES, LOSSES, RESPONSIBILITIES AND RESPONSIBILITIES (DISCOUNTS): PLATFORM FIELDPRO AND SENSORS; (II) BREACH OF OR BREACH OF ANY DISPOSAL OF THESE TERMS AND CONDITIONS OF USE; AND (III) THE USE, BY NEOFIELD, OF USER CONTENT OR INFRINGEMENT OF THIRD PARTY RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPERTY RIGHTS.
17.1. THE Neofield will take appropriate technical and organizational measures against the loss of User Content or its illegal processing. To this end, Neofield will adopt industry standard practices to maintain the security of such information as long as it is commercially reasonable, such as, for example, encryption, Firewalls and Secure Sockets Layer (SSL), as well as physical protections of the places where Personal Information is stored. However, as effective as security technology is, no system is impenetrable.
17.2. THE Neofield cannot fully guarantee the security of databases, any more than it can guarantee that User Content will not be intercepted. Any transmission of information from the User to Neofield is under the responsibility of the User. Furthermore, it is the User’s responsibility to protect the access information (username and password). The User must immediately inform FieldPRO if his User Account is compromised or used without authorization.
17.3. The User acknowledges that the Platform FieldPRO, as well as the auxiliary services that make up the digital infrastructure necessary to guarantee the functioning of the referred platform, may suffer unauthorized cyber attacks, which are independent of the use of security standards usually adopted by Internet sites and digital platforms and may be used technologies and other invasive devices for which these standards are not yet prepared. Consequently, THE USER ACKNOWLEDGES, FURTHER, THAT NEOFIELD CANNOT BE LIABLE FOR ANY DAMAGES, DIRECT OR INDIRECT, WHICH MAY BE CAUSED TO THE USER DUE TO THE REFERRED TO CYBER ATTACKS.
17.4. Notwithstanding the provision in item “17.3.” above, theNeofield shall make commercially reasonable efforts to, under the terms of the applicable legislation, properly inform the User of any cyber attacks that have occurred, as well as the procedures that are adopted to restore the security of the FieldPRO system.
- EXTINCTION OF RIGHTS
18.1. The User agrees that the Neofield may, at its sole discretion and at any time, deactivate or cancel the User Account or otherwise invalidate access to the FieldPRO Platform for any reason or even if it deems that the User:
a. violated the Terms and Conditions of Use;
b. infringed the intellectual property rights of others;
c. made available, uploaded or transmitted Unauthorized Information on the FieldPRO Platform; or
d. violated or acted in a manner inconsistent with the spirit of the Terms and Conditions of Use or any applicable code of conduct.
18.2. The User agrees that any deactivation or cancellation of access to the Platform FieldPRO can be made without prior notification and that Neofield will not be responsible for the cancellation of the User Account. The User further acknowledges that Neofield can save and store his information regardless of the cancellation of the User Account.
18.3. If the User or the Neofield, in accordance with the provisions herein, exclude the User Account or these Terms and Conditions of Use are terminated for any reason, the Parties acknowledge that Neofield may continue to treat the User Content, as well as any other personal data related to the User , provided that such treatment is necessary for the fulfillment of a legal or regulatory obligation by the FieldPRO Platform.
18.4. The termination of the User Account or the termination, for any reason, of these Terms and Conditions, will automatically revoke all licenses and authorizations granted here by Neofield to the User, who will no longer be able to use the FieldPRO Platform for any purpose. The Parties acknowledge that all provisions of these Terms and Conditions relating to the protection and restriction on the use of Neofield’s intellectual property rights will remain in force even after the termination of the User Account or the termination of these Terms and Conditions of Use.
19.1. Both the user and the Neofield may, without prior notice, unilaterally terminate these Terms and Conditions of Use. Neofield further reserves the right to terminate them for cause and must undertake commercially reasonable efforts to inform the user of the said cause of termination.
19.2. In the case of the User, the termination referred to in item “19.1.” above will be formalized from the cancellation, at your request, of the User Account. After this request, theLoginand the password used by the User to access the FieldPRO Platform will be automatically deleted, subject to the provisions of clause “18.” of these Terms and Conditions of Use.
18.3. If these Terms and Conditions of Use are changed by Neofield, the User must accept its new version to have access to the FieldPRO Platform and its functionalities, otherwise these Terms and Conditions of Use will be automatically terminated, and Neofield may, at its sole discretion, keep or not the User Account.
- GENERAL PROVISIONS
20.1. The User acknowledges that the features and data made available to him through the Platform FieldPRO were processed by Neofield from non-personal databases (under the terms of the applicable legislation) made public by non-profit entities, under public law and direct and indirect public administration bodies. Consequently, Neofield cannot be held responsible for the veracity of such data, nor for any opinions, results, analyzes, value judgments, criticisms or any other by-products of its use.
20.2. The User understands that the Neofield may, in its sole discretion, limit, suspend or cancel the use of all services related to the FieldPRO Platform. It also understands that Neofield may modify or discontinue, at its sole discretion, all services related to the FieldPRO Platform.
20.3. The User confirms that currently, or until March 15, 2020, he is and / or will be 18 (eighteen) years or older, who is or will be a minor emancipated. Caseis between 14 (fourteen) and 18 (eighteen) years of age, currently or until March 15, 2020, the User confirms that he has the consent of at least one of the parents or legal guardian or is fully competent to enter into the terms, conditions , obligations, commitments, statements and warranties provided for in the Terms and Conditions of Use. Authorization should be sent to the following email: firstname.lastname@example.org, with the consent record. If the user is under 14 (fourteen) currently or until March 15, 2020, it will not be possible to use the FieldPRO Platform.
20.4. THE Neofield may transfer or assign part of its rights free of charge or delegate its obligations in accordance with the Terms and Conditions of Use. The User may not transfer or assign, in its own right or otherwise, any part of its rights or delegate the obligations provided for in the Terms and Conditions of Use without Neofield’s prior written consent.
20.5. These Terms and Conditions of Use must be taken as if both Parties had written it and must be governed by the laws of the Federative Republic of Brazil. Any claim, conflict or controversy that arises from this contract or related to it, including that concerning its validity, interpretation or enforceability, will be resolved exclusively by the courts of the São Paulo District Court, State of São Paulo, Brazil.If the User chooses to access the FieldPRO Platform, he / she agrees and acknowledges that he / she does so at his / her own risk and is fully responsible for compliance with all applicable laws.
20.6. If any provision of the Terms and Conditions of Use is illegal, null or for any unenforceable reason, it will be considered separate from the other provisions set forth herein, and should not affect the validity and enforceability of the other provisions of the Terms and Conditions of Use.
20.7. The delay or disability on the part of the Neofield, in executing any of the rights provided for herein, shall not, under any circumstances, be interpreted as a waiver of the right and privilege to do so at any later time.
20.8. The titles of the clauses provided for herein are shown for reference only and have no legal effect.
21.1. If the User has any questions about these Terms and Conditions of Use, contact the FieldPRO via email:email@example.com.