These Terms and Conditions are effective as of August 25, 2018.
These terms and conditions (hereinafter, the “Terms and Conditions”) govern the use of and access to iN2 (hereinafter, the “Platform”) and/or any and all additional customer service solutions offered and operated by iN2 (hereinafter, the “Services” or “Service”), to provide to the Client’s customers (hereinafter, the “Users”). Both access and use of the Services are subject to acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and individuals who access or use the Services.
1. Terms of Service
These Terms and Conditions constitute an agreement (hereinafter, the “Agreement”) between iN2 customers (hereinafter, the “Customers”) and iN2 (each, a “Party” and, collectively, the “Parties”), a Brazilian company, governing access to the Services and the iN2.com website (hereinafter, the “Site”), software, data feed, information, tools, resources and functionalities available on the Site.
In addition, when using the Services, the Customer will be subject to any guidelines or rules published within that Service, in addition to those contained in these Terms and Conditions.
BY ENTERING, VISITING AND/OR USING THE SITE AND/OR SERVICES, CUSTOMER AGREES TO HAVE READ AND UNDERSTOOD THE TERMS SET FORTH IN THIS AGREEMENT, INCLUDING THE TERMS OF THE PRIVACY POLICY AS MAY BE AMENDED FROM TIME TO TIME (COLLECTIVELY, THE “TERMS”), AND CUSTOMER AGREES TO BE BOUND BY THEM AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS WITH RESPECT TO USE OF THIS SITE AND/OR SERVICES. THESE TERMS APPLY TO CUSTOMER’S ACTIVITY AND DEFINE CUSTOMER’S RIGHTS AND OBLIGATIONS UNDER THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE THIS SITE AND/OR ANY OF THE SERVICES PROVIDED BY iN2.
iN2 reserves the right, at our sole discretion, to change these Terms and Conditions from time to time to reflect changes in our business, the Sites or Services, or as a result of applicable laws. To this end, the change will be posted on the “Terms and Conditions” page of our website with thirty (30) days’ notice. We may also notify Customers of the change using contact information, email or other means. We are not responsible if Customers choose not to provide such information to Users. The revised Terms and Conditions will be effective as of the posted effective date. Should Customer continue to use the Services and/or the Site after any changes are made, Customer agrees to be bound by such modifications or revisions. Nothing in these Terms and Conditions shall be deemed to confer any rights or benefits upon any third party. Customers agree that iN2 shall not be liable to them or any third party for any modification, suspension or discontinuance of its Platforms and/or the Services.
2. Use of the Services
2.1. By using or accessing any of the Services, the Customer and/or User agree to be bound by these Terms and Conditions. If the Customer and/or User is using the Services on behalf of an organization, entity or any other artificial person (hereinafter, the “Organization”), the Customer and/or User accept and acknowledge that the Organization gives its consent to these Terms and Conditions, and that the Customer and/or User has the authority to represent and bind the Organization. The Customer and/or User may only use the Services if the Customer and/or User has the capacity to be bound by the execution of a contract with iN2 in accordance with these Terms and Conditions and all applicable local, state, national and international laws, rules and regulations. In addition, the Customer and/or User hereby accepts and acknowledges that the Services may, from time to time, be subject to changes as they evolve or as functions are reduced or added, which may occur without prior notice. In addition, the Customer and/or User accepts that iN2 may, without prior notice, temporarily or permanently discontinue the provision of the Services to the Customer and/or User.
2.2. It is acknowledged and agreed that iN2 has the right, at its sole discretion, to refuse to provide Services, temporarily or permanently, through the Platform and/or any other Service, to any Customer and/or User at any time, including if it suspects, in its sole discretion, that a given Customer and/or User violates these Terms and Conditions.
3. Knowledge
Among other benefits, the Services allow Customers to create, publish or upload information, links, photos, videos or other materials (hereinafter, the “Knowledge”) and share them with third parties. Customers shall retain ownership of the Knowledge and hereby acknowledge that iN2 SHALL HAVE NO LIABILITY WHATSOEVER if any Users or third parties copy, retransmit or disclose the Knowledge. Customers acknowledge and accept that the publication of Knowledge through the use of the Services is not a substitute for registration with the relevant copyright authority or any other copyright entities. Please consider carefully what Customers choose to share through the Services. Customers undertake not to create, upload or publish Knowledge that: (i) may result in a risk of harm, loss, physical injury or mental suffering, death, disability, disfigurement or physical or mental illness, to Customers or to any person or animal; (ii) may result in a risk of harm to any individual or property; (iii) is intended to harm or exploit minors by exposing them to inappropriate Knowledge by asking them to submit information, whether personal or otherwise; (iv) may constitute or contribute to any type of crime, wrong or unlawful; (v) contains any information or Knowledge that is unlawful, harmful, abusive, ethnically or racially offensive, defamatory, or that interferes with personal privacy, or that is harassing, or humiliating to others or libelous, threatening or profane; (vi) contains any unlawful information or Knowledge (including, but not limited to, disclosure of confidential information by law or of third parties, “trade information”); (vii) contains any information or Knowledge that Customers do not have authority to disclose; or (viii) contains any information or Knowledge that Customers know to be incorrect or out of date. Customers hereby agree that any Knowledge will not infringe the rights of any third party, including, without limitation, intellectual property rights or privacy rights. iN2 reserves the right, but shall not in any way refuse and/or delete any Knowledge that, in its sole discretion, is considered to infringe these provisions. Customers shall retain ownership of the Knowledge, however, Customers authorize iN2 to use, copy, reproduce, adapt, edit, transmit, translate, display and distribute such Knowledge in connection with the provision of the Services. Customers agree that iN2 may use the Knowledge, as well as the questions and answers, interactions and any content owned by Customers, in order to improve its processes and algorithms and artificial intelligence. Furthermore, Customers authorize iN2 to adapt the Knowledge if, in iN2’s opinion, it is necessary to adjust such Knowledge to any requirement or restriction of any network, device, service or means of communication. iN2 reserves the right, but is not under any circumstances obligated, to remove or refuse to distribute any Knowledge through the use of the Services, including Knowledge. In addition, it reserves the right to access, read, maintain and disclose any information, if it deems it reasonably necessary, to (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms and Conditions, including investigation of any alleged violation thereof; (iii) detect, prevent or otherwise address any fraud, security or technical issues; (iv) respond to user requests for support; or (v) protect the rights, property or safety of iN2, its users and the public in general.
4. Use of Knowledge
All Knowledge included in the Services, whether public or transmitted by Users privately, is the sole responsibility of the creator of such Knowledge. iN2 does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any Knowledge created, uploaded or published through the use of the Services and does not support any opinion made through the use of the Services. iN2 has no ability to supervise and/or control the Knowledge created, uploaded or published through the use of the Services; therefore, it cannot assume any responsibility in relation to such Knowledge. Therefore, if Customers use or rely on any Knowledge or materials created, uploaded or published through the use of the Services, they do so at their sole risk. Under no circumstances shall iN2 be liable for the Knowledge, or for any loss or damage that is incurred as a result of the use of any Knowledge contained in the Platforms. Customers hereby accept that they are solely responsible for their use of the Services and any Knowledge provided through them, and for the consequences thereof, including the use of their Knowledge by other Users and third parties. iN2 shall not be liable for the use of Customer’s Knowledge in accordance with these Terms and Conditions. Customer represents and warrants that it has all rights, power and authority necessary to grant the rights granted hereunder in any Knowledge delivered by Customer.
5. Service Configuration
5.1. Customer shall comply with the technical requirements and specifications of the Service, together with any other requirements and specifications that iN2 may specify from time to time, for example in providing and improving other iN2 services that Customer may be interested in receiving. Such technical specifications may include the following operations: (i) including software code, tags and cookies provided by iN2 on Customer’s websites and, if applicable, email newsletters; (ii) providing iN2 with catalog files of Customer’s products and/or services to be included in the Service; and (iii) providing iN2 with Customer’s logos and other Content to be displayed in advertisements, banners or the like. Customer shall comply at all times with iN2’s policies that are included in Privacy Policy.
6. Customer Account
6.1. When customers create their account (hereinafter, the “Account”), customers must provide accurate information to iN2. The Account grants Customers access to the Services and functionalities of the Platforms, which may be modified from time to time at iN2’s sole discretion; provided that such modifications do not alter the essence of the Services. iN2 may maintain different types of accounts for different types of customers. If Users connect to the Platforms through a third-party service, Users grant iN2 permission to access and use their information through the Service, and will store the Users’ data upon admission to that service. Neither Customers nor Users shall use an account maintained by another User and/or Customer without their permission. Furthermore, if Customers provide access to third parties through an API or similar systems or platforms, Customers will be liable for all damages caused by such access and the use of the information and transactions made through it.
6.2. If the Customer voluntarily provides us with personal information, it will be kept confidential in accordance with our Privacy Policy. For more details, please see our Privacy Policy.
6.3. The Customer is solely and fully responsible for all activities that occur under its business. The Customer may not assign or transfer any of the Customer’s rights or delegate any of the Customer’s obligations under the Customer’s use of the Service, without the prior written consent of iN2. The Customer must notify iN2 immediately of any unauthorized use of its website and/or any of the services or any other breach of security. iN2 cannot and will not be liable for any loss or damage arising from (i) the Customer’s failure to comply with these Terms and Conditions; (ii) any unauthorized use of the Customer’s website or any other breach of security; (iii) any activity on the Customer’s website conducted by others on the Customer’s behalf and/or under the Customer’s supervision, whether or not iN2 is notified of the possibility and/or existence of such loss or damage.
6.4. The Customer acknowledges, understands and agrees that iN2 has no responsibility for, cannot and does not confirm the intended identity of each Customer and/or User.
6.5. If the Customer is no longer interested in using the Service, the Customer may cancel by following the instructions in clause 10 hereof.
7. iN2 License
7.1. Subject to these Terms and Conditions, iN2 grants a worldwide license to Customers which, unless expressly authorized in writing, is granted without the right to sublicense and as a non-exclusive license to use the Service or Services. iN2 shall reserve any rights not expressly granted under these Terms and Conditions and shall have the right to terminate this license at any time and for any reason, and even any reason. It is essential that the Service is used in connection with the Customer’s business. Therefore, the Customer shall not be entitled to use the Services for different purposes.
8. Payments
8.1. In order for iN2 to be obliged to provide the Services to the Customers, it is an essential condition that invoices are paid in time and in the manner in accordance with the “Framework Service Agreement”. If the Customers fail to comply with this condition, iN2 shall be entitled to cancel the Service.
8.2. All information provided by the Customer in connection with a purchase or transaction, or other monetary transaction interaction with the Service must be accurate, complete and current. The Customer agrees to pay all expenses incurred for the use of the Service by bank transfer or credit card, depending on the plan purchased, including current taxes or those that, from now on, are imposed or required by iN2, by any authority in connection with or arising from the Service and/or this Agreement, excluding taxes based on iN2’s net profit.
9. Limitation of liability
9.1. The use of the Service is exclusively at the Customer’s own risk. In no event shall iN2 be liable for any damages, including, but not limited to, indirect, special, incidental or consequential damages of any kind, whether in action under this Agreement, negligence or other willful misconduct resulting from the use of the Service or inability to use the Service, regardless of whether iN2 or an authorized representative of iN2 has been advised of the possibility of such damages.
9.2. Customers release and hold iN2 harmless from the actions or inactions of any third party, including third parties and/or users. Customer acknowledges that use of the Service is used solely as a tool to enable Customers to offer a Product(s) and knowledge, at any time, from any location. iN2 is not a party in any way to any transaction or transfer of any legal right or ownership in the Product(s) and/or Customer content. iN2 has no responsibility for, or control over, and does not guarantee the quality, authenticity, safety or legality of the Product(s) and/or content listed and advertised on the Client’s website or other websites, or the truth or accuracy of the listings, and cannot guarantee that a User will actually complete a transaction. Accordingly, iN2 assumes no responsibility for ensuring provision of Client services and/or products to a User. Accordingly, to the extent legally permissible, iN2 excludes all implied warranties, terms and conditions. iN2 is not liable for any loss of money, goodwill or reputation, or for any special, indirect or consequential damages resulting from the use of the Service by the Client.
9.3. The Client acknowledges and accepts the risk that third parties may generate impressions or other actions affecting charges for fraudulent or improper purposes. iN2 shall have no responsibility or liability whatsoever in connection with the Client’s connection to any third party click fraud or other improper actions that may occur.
9.4. The Customer acknowledges and agrees that iN2, the Platforms and the Services offered by iN2 act only as a Service and iN2 is not, in any event, directly or indirectly involved in any potential transaction between the Customer and the User. iN2 does not impose any rules or restrictions in relation to any transaction, and does not act as a consultant or legal advisor in relation to any transaction for the Customer or User. iN2 shall have no liability whatsoever with respect to the terms set forth in any transaction between the Customer and the User.
9.5. An individual or a business entity operating as a Customer and its User who may be an individual or business entities to whom the Service is intended shall be solely responsible for defining all commercial and legal terms and conditions governing the relationship between them, and iN2 shall have no liability whatsoever for such relationship.
9.6. It is acknowledged and agreed that iN2 shall not be liable and shall not assume any additional responsibility or expense due as a result of (i) breach of any of the Terms and Conditions by the Customer; (ii) any written agreement that the Customer and the User have reached, including commercial and legal standards established by the Customer governing and including, without limitation, any related services, including, but not limited to, shipping, applicable law, customs clearance; or (iii) any loss or damage caused to any third party as a result of acts or omissions of the Customer; (iv) any inaccuracies, misrepresentations and/or authenticity of the content and information provided and/or displayed on the service based on the Customer’s content provided on its websites or other websites.
9.7. For the avoidance of doubt, nothing in this Agreement excludes or limits either Party’s liability for fraud, gross negligence, death or personal injury or any other matter, to the extent that such exclusion or limitation would not be unlawful.
10. Intellectual Property
10.1. All rights, title and interest in and to the Services (excluding Knowledge provided by Users) are and will remain the exclusive property of iN2 and its Licensors. The Services are protected by copyright and trademark laws and other laws of Brazil and abroad. Nothing contained in these Terms and Conditions shall grant the Customer and/or User the right to use the Loyalty Application, logos, domain names and other distinctive brand features of iN2. Any observations, opinions, suggestions or comments that may be made by Customers in relation to the Services shall be for informational purposes only. iN2 may use such observations, opinions, comments or suggestions as it deems appropriate, but this shall not create obligations for the Customer. The software used to provide the Services as a whole, as well as each of its constituent parts, updates, source codes, new versions, processes, images, animations, modules, video, audio, texts and algorithms or subprograms added to them; printed materials or material in electronic or digital format added to them, and any copy thereof, are the intellectual property of iN2 and iN2 retains all its rights, the use of which is permitted to the Customer within the limits established in these Terms and Conditions. These rights are protected by national and international laws and provisions and international intellectual property treaties and rights. The Customer undertakes not to remove or delete copyright notices, trademarks and trade names and, in general, any notice contained in the documents relating thereto.
10.2. The Customer acknowledges and accepts that iN2 may include the Customer’s name in iN2’s public customer list, for the purpose of identifying the Customer through the use of its trademark, logo and/or trade name.
10.3. iN2’s algorithm that (demonstrates, reveals, points out) any form of positioning (ranking) of users (customers) or use of marketing strategies (email, WhatsApp, SMS), are covered by Copyright Law (Law 9.610/98).
11. Acceptable use of the Services
11.1. iN2 trusts that the Customer and/or User will use the Services responsibly. Therefore, the Customer and/or User undertake not to abuse the Services and undertake not to:
sell, perform any acts of disposal, lend, deliver, license or sublicense, transfer or lend for use in whole or in part, or on a temporary or permanent basis, free of charge or for valuable consideration, any of the Services to third parties, except with prior and express written authorization from iN2; copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile or disassemble any part of the Platform and/or the Service in any way;
interfere with or interrupt the operation of the Platform and/or the Service, or of the servers or networks that host the Platform and/or the Service or make the Platform and/or the Service available, or disobey any laws or regulations or requirements, procedures, policies or regulations of such servers and/or networks;
interfere with or violate the right to privacy and other rights of other Customers and/or Users, or collect or harvest data and information about another Customer and/or User without their express consent, whether manually or with the use of any robot, crawler, website search or retrieval application, or other manual or automatic device or process to retrieve, index and/or database information;
defame, abuse, harass, stalk, threaten or violate the legal rights of third parties, including Customers and/or Users, or include illegal, hateful, obscene, indecent or unlawful content in advertisements, banners and/or content published, transferred or uploaded by the Customer and/or User on or through the Platform and/or the Service;
impersonate any person or entity, including, but not limited to, any agent or representative of iN2, falsely state or otherwise misrepresent Customer’s affiliation with any person or entity, or express or imply that iN2 endorses Customer, the Customer Application, Customer’s business or any statement, Customer makes or presents false information about iN2, the Platform and/or the Service or any other services or products linked to the User through the Customer’s website and/or other websites;
create, transfer or send unwanted or unsolicited commercial emails (spam) to other Customers and/or Users or any third party using the Service;
transmit, distribute, display or make available through or in connection with the use of the Service and/or Platform any virus, worm, Trojan horse, time bomb, web bug, spyware or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, telecommunications equipment or any other invasive code or component, actually or potentially harmful, invasive or invasive;
create a database by systematically downloading and storing all or any intellectual property of iN2, or any other content generated from the Platform and/or the Service;
provide false, inaccurate or misleading information when using integration services for testing or validating credentials in an abusive manner with the intention of damaging or rendering the services unavailable;
provide false, inaccurate or misleading information in any content provided, posted, transferred or uploaded by the User, or any User and/or Third Party Generated Content, on or through the Customer website or other sites, Platform and/or the Service, or similar;
publish, transfer or upload in advertisements and/or banners any content that infringes any third party’s intellectual property rights, including trademarks, copyrights and patents or other proprietary rights, or that contains any infringing material;
use the Service and/or Platform for any illegal or unauthorized purpose;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
use the Service to harm minors in any way;
violate, attempt to violate or evade any applicable ICANN regulation or policy;
11.2. Failure by Customer to comply with the provisions set forth herein may result in removal as a Customer or denial of access to and/or use of the Service as a Customer, and may expose Customer to civil and/or criminal liability.
11.3. Without limiting any other available remedies, iN2 may, without prior notice, limit, suspend or terminate its Service, and take technical and legal measures to deny Customer access to its Account, use of the Service, in its sole discretion.
12. Privacy
12.1. iN2 respects the privacy of Customers and Users and is committed to protecting the personal and business information that Customers share with it. iN2 believes that Customer has the right to know its practices regarding the information that iN2 may collect when Customer engages in the Service. iN2’s policies and practices and the type of information collected are described in the Privacy Policy.
12.2. The Customer acknowledges and agrees that it may include codes and tags in its email newsletters and websites. Any data received by iN2 through such tags will be used to perform the Services, and/or to provide and improve any other iN2 products or services that the Customer may be interested in receiving from time to time. iN2 will collect and use such data in compliance with applicable laws and regulations, including, but not limited to, laws governing privacy and data protection.
12.3. The Customer undertakes to include on its website (i) a privacy policy that includes a link to iN2’s Privacy Policy and where legally required (ii) adequate notification and choice mechanisms that comply with relevant laws and regulations. Where notices are legally required, they must prominently indicate to Users (i) that by continuing to browse the Client’s website, they consent to the cookie (or other tracking technologies) being dropped for the purpose of the service; and (ii) allow Users to learn more about and object to the service.
12.4. iN2 is committed to preserving the privacy of its Users. iN2 collects, uses and shares personally identifiable information and non-personally identifiable information as described in Privacy Policy. Customers accept that by using the Services, Customers give their consent to the collection of such information and consent to the collection, use, transfer and processing of Customers’ and/or Users’ personal data in accordance with the Privacy Policy.
13. Removal of Infringing Content
13.1. If Customer and/or User believes that any third party content, add-on, banner, trademark, brand or other intellectual property infringes Customer’s or a third party’s intellectual property rights, please send us a detailed notice to legal@iN2.com and iN2 will use commercially reasonable efforts to remove such content, locate the infringer, and notify the infringer of Customer’s and/or User’s claim.
13.2. For effective removal, Customer’s notice must consist of the following: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a list of the copyrighted works on the Site. representative of such works on that Site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled; (iv) information reasonably sufficient to permit iN2 to locate the material; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
14. Trademarks
14.1. The iN2 logo and all other proprietary identifiers used by iN2 in connection with the Services and/or Platforms (“Company Marks”), “iN2”, whether or not registered. All other trademarks, service marks, trade names and logos appearing on the Site, Platform and/or Services are the property of their respective owners (the “Third Party Marks”). No right, license or interest in the Company Marks is granted hereunder, and Customer agrees that no such right, license or interest shall be asserted by Customer with respect to the Company Marks or Third Party Marks.
15. Links and Third Party Sites
15.1. The Services may contain links to or use third party websites and services, including, but not limited to, links to third party websites that host Customer, advertisers, services, special offers or other events or activities, which are not owned or controlled by iN2. If such links are suggested by iN2, or added by Customer (hereinafter, the “Third Party Sites”). Customer hereby acknowledges that iN2 has no control over such Third Party Sites, and Customer acknowledges and agrees that iN2 is not responsible for the availability of Third Party Sites and does not endorse and is not responsible or liable for any services, content, advertising, products or any materials on or available from Third Party Sites. Customer further acknowledges and agrees that iN2 shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any services, content, products or other materials available on or through Third Party Sites. Most third party sites provide legal documents, including terms of use and privacy policies, governing your use of such sites. It is always advisable to read these documents carefully. In any event, iN2 reserves the right to stop using any link at any time, at its sole discretion.
15.2. If the Customer and/or Users access third party websites using the Services, the Customer and/or User do so at their own risk and the Customer and/or User understand that these Terms and Conditions and our Privacy Policy do not apply to the use of such websites. The Customer and/or User expressly indemnifies iN2 against any liability arising from the use of any third party website, service or content, and the Customer and/or User accepts that their relationship with any third party website, service or content is solely between them and such third party. The Customer and/or User hereby accepts that iN2 is not and shall not be liable for any loss or damage inflicted as a result of the Customer’s relationship with any third party.
16. Indemnification
16.1. The Customer agrees that iN2, its licensor, licensees, employees, contractors, agents, directors and officers will be held harmless, against any claims, damages, obligations, losses, liabilities, costs, debts and expenses (including, but not limited to, attorneys’ fees) arising from the use of and access to the Services, including, but not limited to, any claims as a result of: (i) data or Knowledge transmitted or received by the Customer and/or Users; (ii) access to or use of the Services by third parties with the Customer’s username and password; (iii) violation of these Terms and Conditions and/or any other applicable rule or regulation.
17. Confidential Information
17.1. Customer undertakes to protect as confidential and not to disclose to any third party any Confidential Information (as such term is defined below) received from iN2, its related companies, or which is in any way obtained by Customer in connection with, or in connection with, the performance of the Agreement. For these purposes, “Confidential Information” means information not available to the general public and which is used, developed or obtained by iN2 and/or its related companies, including, but not limited to: (i) information, procedures and data obtained and/or developed by iN2 or its related companies (including those obtained prior to the execution of this Agreement) relating to the business or affairs of iN2, or its related companies; (ii) products or services; (iii) cost and pricing structures; (iv) analysis; (v) business and accounting methods; (vi) software, including operating systems, scheduling requests and lists; (vii) organizational charts, manuals and documents; (viii) all production methods, processes, technology and trade secrets; and (ix) any other similar information in any way related to them. Furthermore, Clients undertake to use Confidential Information only as a means of fulfilling the obligations assumed under these Terms and Conditions. In order to maintain the information in strict confidentiality, Clients undertake to take all necessary and reasonable security measures, taking the same care that Clients use to protect their own confidential information (but in no case less than the reasonable care established in applicable law). Clients shall take any and all technical and organizational measures necessary to guarantee the security and secrecy of Confidential Information, to prevent its tampering, loss, consultation or unauthorized treatment, to detect any deliberate or non-deliberate unauthorized use of Confidential Information, risk resulting from human actions or the technical device used.
18. Amendments
18.1 iN2 reserves the right to amend these Terms and Conditions from time to time and will always publish the most recent version on its website. In the event of amendments to these Terms and Conditions, which in iN2’s sole discretion are deemed to be material, iN2 will notify Customers via an additional method (i.e. via email to the address associated with the Customer’s account). Amendments to these Terms and Conditions may be published on the Website or URL corresponding to the Terms and Conditions, so Customers should check these websites regularly. By continuing to access or use the Services after such amendments come into effect, Customers accept that the amended terms and conditions are binding on them. If Customers do not agree to the new terms, Customers must discontinue use of the Services immediately.
19. Disclaimer
19.1. The Services are provided under the conditions set forth in these Terms and Conditions and as currently offered. Use of the Services is at the Customer’s own risk. The Services are provided without any express or implied warranty, including, but not limited to, warranty of marketing, warranty of fitness for a particular purpose or warranty of non-infringement. iN2 and its licensors do not warrant that: (i) the Services shall be available at any time or in any location; (ii) the Services will be uninterrupted or secure; (iii) any defects or errors will be remedied; (iv) the Services are free of viruses or other harmful components.
19.2. Under no circumstances shall iN2, its affiliates, agents, directors, employees or suppliers be liable for any direct, indirect, incidental, special or punitive damages, including without limitation, business interruption, lost profits or other intangible losses resulting from the use of or inability to use the Services. Under no circumstances shall iN2 be liable for damages and/or losses resulting from hacking, alteration or unauthorized access to the Customer’s account or other use of the Services or Customers’ account and the information contained therein.
19.3. Under no circumstances shall iN2 be liable for: (i) anything attributable to Customers and/or (ii) Customers’ use of the Services and/or; (iii) errors or ambiguities in the Knowledge; (iv) direct or indirect damages that may be inflicted by Customers on third parties; (v) injury or damage to personal property of any kind as a result of Customers’ access to or use of iN2’s Services; (vi) unauthorized access to or use of iN2’s servers and/or any personal information held therein; (iv) any interruption or discontinuation of transmission of the Services; (v) any bugs, viruses, trojans or the like that may be transmitted through the use of the Services by third parties; (vi) any error or omission in any Knowledge or any loss or damage incurred as a result of the use of any Knowledge posted, emailed, transmitted or otherwise made available through the use of the Services; and/or (vii) any Knowledge of any user or third party behavior that is defamatory, offensive or illegal; and/or (viii) instances where the Services do not meet the user’s requirements. In no event shall iN2, its agents, directors, employees, suppliers or licensors be liable to Customers for any claims, proceedings, duties, damages, losses or expenses in an amount exceeding the amount paid by Customers for the Services. Any Knowledge downloaded or obtained through the use of the Services is downloaded at Customer’s own risk and Customers shall be solely responsible for any damage to Customer’s IT system and/or mobile device or loss of data resulting from such download or from the use of any of the Services.
19.4. iN2 does not warrant and shall not be liable for the products or services offered by third parties through any of its Services. iN2 shall not be a party to such transactions and shall not monitor any transactions made between Customers and third party suppliers of products or services. Taking into account the characteristics of the Services, iN2 may perform routine maintenance tasks and/or improvements to the Services; because of this and other unforeseen contingencies related to the Internet, Customers accept risks and failures or unavailability of third party servers and Customers, which they expressly waive, claiming any contractual or extra-contractual liability, or damages to iN2 for any failures, slow connectivity, or errors in accessing and using the Services for reasons not attributable to iN2.
19.5. iN2 manages a high availability and automatically scalable service infrastructure that will be available twenty-four hours a day, seven days a week. Notwithstanding the foregoing, (i) iN2 reserves the right to make scheduled interruptions of the Services, which will be communicated by iN2 by email or at the URL: https://stats.uptimerobot.com/y6GXQHrqgN or by any other means, at least twenty four (24) hours in advance, to perform maintenance, repairs and other tasks related to the provision of the Services. Likewise, (ii) iN2 may make unscheduled interruptions when, in its discretion, it has reasonable information showing that there are emergency reasons to do so.
19.6. Taking into account the provisions of the previous paragraph, iN2 informs that, if the service level is lower than:
99%, 10% of the invoice amount will be refunded from the invoice corresponding to the month in which the failure of the Services occurred. 95%, 15% of the invoice amount will be refunded from the invoice corresponding to the month in which the failure of the Services occurred. 90%, 20% of the invoice amount will be refunded from the invoice corresponding to the month in which the failure of the Services occurred. 19.7. The service level will be published in https://stats.uptimerobot.com/y6GXQHrqgN
19.8. Customers shall immediately notify iN2 of any faults in the Services and iN2 shall inform Customers of the nature of the fault in the Service, the relevant information, and the expected time of repair. With regard to the restitution of the Service, if necessary, Customers shall provide all necessary and reasonable support. iN2 shall promptly inform Customers if the fault is not related to the Service. Once the fault is repaired, iN2 shall promptly inform Customers thereof. This limitation of liability applies whether the alleged liability is based on agreement, tort, negligence, strict liability, or otherwise, even if iN2 has been advised of the possibility of such damages. CERTAIN STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF DAMAGES, INCLUDING BUT NOT LIMITED TO THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF DAMAGES, INCLUDING BUT NOT LIMITED TO THE EXCLUSION OF ANY IMPLIED WARRANTIES DIRECT OR INDIRECT; THEREFORE, IN SUCH CASES, THE ABOVE LIMITATIONS OR EXCLUSIONS WILL NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND CUSTOMER MAY ALSO BE ENTITLED TO OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE. DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
20. Cancellation and Refunds
20.1. To ensure the security of the platform and the integrity of the data linked to each end user of your APP, when you request Cancellation, your IP and Geolocation will be automatically recorded. Due to this, only the Administrator who made the contract may request the cancellation of his/her own account through the Control Panel. IMPORTANT: No member of the iN2 team is authorized to cancel on behalf of the client, even if the request is made by telephone or any other means of communication.
20.2. You can cancel your plan at any time within the first 7 days and receive a full refund. No questions, forms or queries. The 7-day trial period includes the first 7 days after contracting or upgrading your plan, changing it from a free plan to a contracted plan. The 7-day trial period does not apply to payments made to renew the plan.
20.3. If you upgrade from a Plan already purchased to another Plan in the same application, or if you have already purchased the platform before, the new plan or upgrade will not be considered a “first purchase” and you will not be entitled to a refund.
20.4. If you decide to cancel your Plan within the 7-day trial period, your Plan will be canceled immediately and it will not be possible to reverse the process. If you are entitled to a refund, or partial refund, the invoice will be canceled and the refund will be made immediately. Payments made by Credit Card and PIX will receive the refund immediately. IMPORTANT: Depending on your credit card operator, you may need to wait up to 20 business days for you to see the refund directly on your credit card statement. For payments made by PIX, the maximum period is up to 2 business days and for payments made by bank slip, approximately 30 business days.
20.5. If you cancel within 72 hours of purchasing or upgrading your plan (during the trial period), it is likely that the transaction will be cancelled before the payment is actually made to your Credit Card. If this occurs, it is possible that, instead of receiving a refund, the payment will not actually be transferred from your card and you may see the amounts returning to your card statement within 20 business days from the date of payment. iN2 is not responsible for any bank charges or commissions. The only way to remove these charges is through direct negotiation with your bank.
21. Miscellaneous
These Terms and Conditions and any rights and licenses granted hereunder may not be transferred or assigned by Customers, but may be assigned by iN2 without restrictions. If Customers attempt to transfer or assign, such transfer or assignment shall be null and void by operation of law. In the unlikely event that a dispute between iN2 and Customers cannot be resolved privately by iN2, both Customers and iN2 agree that any claim, dispute or controversy (excluding injunctive relief or equitable relief sought by iN2) arising as a result of or in connection with, or in relation to, these Terms and Conditions, or the breach or alleged breach thereof, (hereinafter, collectively, the “Claims”), shall be submitted to arbitration under the rules of Brazilian Law No. 9,307, of September 23, 1996, unless expressly stated in this Agreement. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable fees of experts and other witnesses. Nothing contained in this clause shall be deemed to prevent iN2 from seeking injunctive relief and/or seeking equitable relief from competent authorities as necessary to protect any interests held by iN2. ALL CLAIMS MUST BE BROUGHT INDIVIDUALLY BY THE PARTIES AND NOT AS PLAINTIFF OR CLASS MEMBERS IN ANY PROCEEDING. CLIENTS AGREE THAT BY ENTERING INTO THESE TERMS AND CONDITIONS, CLIENTS AND iN2 ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. These Terms and all amendments and additional agreements that may be entered into with iN2 regarding the Services constitute the entire agreement between Clients and iN2. If any provision of these Terms is or deemed invalid by a court of competent jurisdiction, it shall not in any way affect the validity of the remaining provisions contained in these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a waiver of any other term not expressly stated, and iN2’s failure to enforce any right or provision under these Terms and Conditions shall not be deemed a waiver of such right or provision. iN2 may give notices if required by law or for other business-related purposes, at its sole option by electronic mail, physical letter sent via regular mail, or by posting a notice on the website. Notwithstanding the foregoing, Customers may opt out of certain types of notices by visiting the settings website. For any questions or concerns regarding these Terms and Conditions, please contact iN2 at iN2.com.
22. Abuse
Full or partial non-compliance with this membership agreement can be reported using the following company information:
Email: abuse@in2.com.br
As soon as an email is received, an automatic confirmation message is returned.
If the confirmation email is not in your main mailbox, check your SPAM folder.
The SLA for this channel is up to 7 business days.
Brazil IN2, LTDA 700, Av. Carlos Gomes RS, Porto Alegre 90480-000 United States IN2, LLC 7345 W Sand Lake RD, STE 210 Office 4761 Orlando, FL 32819 US