General terms and conditions of use (and purchase and sale) of the UpFlux.net website
The services of the website are provided by the legal entity with the following corporate name: SMART PROCESS, doing business as UpFlux, registered under CNPJ number 28.697.488/0001-77, owner of the intellectual property rights over software, website, applications, content, and other assets related to the platform www.upflux.net.
1. Object
The platform aims to license the use of its software, website, applications, and other intellectual property assets, providing tools to assist and streamline the daily lives of its users.
The platform is characterized by the provision of the following service: UpFlux Process Mining.
The platform conducts distance sales through electronic means of the following products or services: UpFlux Process Mining.
2. Acceptance
This Agreement establishes obligations contracted of free and spontaneous will, indefinitely, between the platform and the individuals or legal entities, users of the website or application.
By using the platform, the user fully accepts these rules and agrees to observe them, under penalty of the applicable penalties.
Acceptance of this instrument is essential for access to and use of any services provided by the company. If you do not agree with the provisions of this instrument, you should not use them.
3. User access
All technical solutions available to the platform operator will be used to allow access to the service 24 (twenty-four) hours a day, 7 (seven) days a week. However, browsing the platform or any of its pages may be interrupted, limited, or suspended for updates, modifications, or any action necessary for its proper functioning.
4. Services or products
The platform may provide the user with a specific set of features and tools to optimize the use of services and products.
On the platform, the services or products offered are described and presented with the highest degree of accuracy, containing information about their characteristics, qualities, quantities, composition, price, warranty, expiration dates, origin, among other data, as well as the risks they pose to the user’s health and safety.
Before finalizing the purchase of a particular product or service, the user must obtain information about its specifications and intended use.
5. Prices
The platform reserves the right to unilaterally readjust the values of services or products at any time without prior consultation or agreement with the user.
The prices applied are those in effect at the time of the order.
Prices are quoted in Brazilian Reais and do not include delivery fees, which are specified separately and provided to the user before finalizing the order.
When contracting a particular service or product, the platform may request the user’s financial information, such as CPF, billing address, and card details. By entering such data, the user agrees to be charged, according to the chosen payment method, the prices then in force and informed at the time of the contract. Such financial data may be stored to facilitate future access and contracting.
The services contract will be automatically renewed by the platform, regardless of communication to the user, through periodic billing in the same payment method indicated by the user at the time of the service contract.
6. Cancellation
The user may cancel the hiring of the services according to the terms defined at the time of hiring. Additionally, the user may also cancel the services within 7 (seven) days after hiring, by contacting the site, according to the Consumer Protection Code (Law no. 8.078/90).
The service may be canceled by:
- a) the user: under these conditions, the services will only cease when the current cycle at the time of cancellation is completed;
- b) violation of the Terms of Use: the services will be immediately terminated.
7. Support
In case of any doubts, suggestions, or problems with the use of the platform, the user may contact support by email at dpo@upflux.com or by phone at (47)3842-0153.
These user support services will be available on the following days and times: Monday to Friday, from 08:00 am to 05:00 pm.
8. Responsibilities
It is the user’s responsibility to:
- a) defects or technical flaws originating in the user’s own system;
- b) the correct use of the platform, services, or products offered, promoting good coexistence, respect, and cordiality among users;
- c) compliance with and respect for the set of rules set forth in these General Terms and Conditions of Use, in the respective Privacy Policy, and in national and international legislation;
- d) protecting the access data to their account/profile (login and password).
It is the responsibility of the platform www.upflux.net:
- a) indicate the characteristics of the service or product;
- b) the defects and flaws found in the service or product offered, provided it has caused them;
- c) the information that has been disclosed by it, and the comments or information disclosed by users are the sole responsibility of the users themselves;
- d) the illegal contents or activities practiced through its platform.
The platform is not responsible for external links contained in its system that may redirect the user to an environment outside its network.
External links or pages that serve for commercial or advertising purposes, or any illegal, violent, controversial, pornographic, xenophobic, discriminatory, or offensive information, cannot be included.
9. Copyright
These Terms of Use grant users a non-exclusive, non-transferable, and non-sublicensable license to access and use the platform and the services and products made available by it.
The structure of the site or application, trademarks, logos, trade names, layouts, graphics and interface design, images, illustrations, photographs, presentations, videos, written and sound and audio contents, computer programs, database, transmission files, and any other information and intellectual property rights of the social reason SMART PROCESS, observed the terms of the Industrial Property Law (Law no. 9,279/96), Copyright Law (Law no. 9,610/98), and Software Law (Law no. 9,609/98), are duly reserved.
This Terms of Use does not assign or transfer to the user any right, so access does not generate any intellectual property right for the user, except for the limited license granted herein.
The user’s use of the platform is personal, individual, and non-transferable, and any unauthorized use, commercial or non-commercial, is prohibited. Such uses will constitute a violation of SMART PROCESS’s intellectual property rights, punishable under applicable law.
10. Sanctions
Without prejudice to other applicable legal measures, the company SMART PROCESS may, at any time, warn, suspend or cancel the user’s account:
- a) who violates any provision of this Agreement;
- b) who fails to comply with their user obligations;
- c) who engages in any fraudulent or malicious behavior that offends third parties.
11. Termination
Failure to comply with the obligations set forth in this Terms of Use or applicable law may, without prior notice, result in immediate unilateral termination by SMART PROCESS and the blocking of all services provided to the user.
12. Changes
The items described in this instrument may be unilaterally changed at any time by UpFlux to adapt or modify services, as well as to comply with new legal requirements. Changes will be posted on the website www.upflux.net and the user may choose to accept the new content or cancel the use of the services, if they are a subscriber to any service.
13. Privacy Policy
In addition to this Agreement, the user must consent to the provisions contained in the respective Privacy Policy to be presented to all interested parties within the platform interface.
14. Jurisdiction
For the resolution of disputes arising from this instrument, Brazilian law shall be fully applied.
Any disputes shall be brought to the court of the district where the company is located.