General Terms and Conditions of Use


Updated on 17/11/2022

These terms and conditions (hereinafter referred to as "Terms") apply to the use of our application, "Astribes", by you.


Our application is maintained by the legal entity Zillius Solutions, duly registered under CNPJ nº. 10.689.415/0001-78, e-mail: support@astribes.com, with headquarters at: Av Eng Luiz Carlos Berrini, 1681 CJ 111, São Paulo, SP, Brazil.


In this Terms of Use, you will find information about the functioning of the services offered, provided through applications on the website and application for mobile devices and the rules applicable to it; the legal basis related to the provision of services; your responsibilities when using the service; Zillius Solutions' responsibilities in providing the service; contact information if you have any questions or need to update information; the forum responsible for any complaints. if issues in this Terms of Use have been violated.


In addition, in our Privacy Policy you will find information about which the processing of personal data is carried out, whether automated or not, and its purpose; what personal data is necessary to provide the service; the way they are collected; whether your data is shared with third parties; and what security measures are implemented to protect your data.


These Terms apply to all those who register on Our Application, so anyone who wishes to complete their registration must carefully read and agree to the rules set out in this document.


Those who do not understand or do not accept the rules set out in these Terms will not be able to register on Our Application and, consequently, will not be able to access or use the resources restricted to registered users.


Settings


"We", "Our" or "Our" refers to Zillius Solutions, the legal entity that maintains and is responsible for the Application.


"Application" is the "Astribes" application, including all its pages and features.


"Consumer Protection Code" or "CDC" is Federal Law no. 8,078, of September 11, 1990.


"Parties" refers to both the User and Us, without distinction.


"Services" refers to the services provided directly by Us through Our Application.


"Our Content" refers to any and all information or data published or made available directly by Us on the Application, including, among others, texts, images, videos and audios.


"Third Party Content" refers to any and all information or data published or made available on the Application by third parties, Users or not, including, among others, texts, images, videos, audios and links.


"User" is the person who browses or otherwise uses Our Application.


Age Restrictions for Use


We will not accept the registration of minors under 18 years of age and those who do not have full civil capacity, therefore, only people over 18 (eighteen) years of age will be able to register on Our Application.


By registering, the user expressly declares and guarantees that they are fully capable and can freely exercise and enjoy the services and products.


You warrant that you have the right, authority and capacity to enter into and accept the Terms and that in using the App, you will not violate any laws or regulations of the country in which you reside. You are responsible for complying with all laws and regulations in force in the country in which you reside.


If you are a parent or guardian and you are aware that your minor child has provided us with personal data, please contact us


Legal entities will also be able to register, through their legal representatives.


Maintenance, Change and Deletion of Registration


Each User may maintain only one account with the Application. Duplicate accounts, when identified, will be automatically deactivated by Us, without prejudice to other applicable penalties.


For registration to be completed, the User must fully provide the required data. All information provided by the User must be accurate, truthful and up-to-date.


The user is responsible for the accuracy and veracity of the data provided and acknowledges that their inconsistency may result in the impossibility of using the requested service.


During the use of the service, in order to safeguard and protect the rights of third parties, you undertake to provide only your personal data, and not that of third parties.


In any case, the User may be held liable, in civil and criminal law, for the veracity, accuracy and authenticity of the data provided.

The User must provide a valid email address, through which all contacts will be made. All communications sent to the aforementioned address will be considered read by the user, who thus undertakes to regularly consult the messages received and to respond to them, if necessary, within a reasonable period of time.


After confirming your registration, the user will have a personal login and password, which they must use to access their account on the Application. This data must not be disclosed by the User to third parties, so that the User undertakes to maintain the confidentiality of the password, which is personal and non-transferable, and it is not possible, under any circumstances, to claim misuse, after the act of sharing. , and the use made of them is your sole and complete responsibility.


You must notify us immediately if you suspect any suspicious or unexpected activity on your account.

It will not be permitted to assign, sell, rent or transfer, in any way, a User account, which is for personal use and non-transferable.

The user is responsible for updating their personal information and for the consequences of omission or errors in registered personal information, therefore, whenever their registration data is out of date, the User must correct them using the tools that we make it available for this to be done.


You are responsible for repairing any and all damages, direct or indirect (including arising from the violation of any rights of other users, third parties, intellectual property rights, confidentiality and personality), that are caused to Zillius by any other User, or any third party, as well as due to non-compliance with the provisions of this Terms of Use and Privacy Policy or any act carried out after accessing the service.


Zillius cannot be held responsible for the following facts:

  • Equipment infected or invaded by attackers;
  • Equipment damaged when using services;
  • Access device protection;
  • Protection of information based on users' access devices;
  • Abuse of use of user access devices;
  • Clandestine monitoring of users' access devices;
  • Vulnerabilities or instabilities existing in user systems;
  • Insecure perimeter;

Under no circumstances will Zillius be responsible for the installation of malicious codes (viruses, trojans, malware, worm, bot, backdoor, spyware, rootkit, or any others that may be created) on your equipment or that of third parties. , as a result of Internet browsing by the User.


Under no circumstances will the service and its employees be held responsible for any direct, indirect, emergent, special, unforeseen damages or fines caused, in any matter of liability, whether contractual, objective or civil (including negligence or others), arising from any form of use of the service, even if the possibility of such damages is advised.


Given that the service deals with personal information, you agree that you will not use robots, scanning, interception and data storage systems, hidden links or any other shady resource, tool, program, algorithm or collector/extractor/method. automatic data interceptor to access, acquire, copy or monitor the service, without express written permission from the agency.


In the case of applications on mobile devices, their commercialization is expressly prohibited. By agreeing to this Terms of Use and using the mobile application, you will receive permission from Zillius for non-commercial use of the services offered by the application, which, under no circumstances, will make you the owner of the mobile application.


The User who fails to comply with any of the rules contained in this instrument will have their account suspended and will be notified to justify themselves. If you do not provide a justification within the designated period or if the justification is not accepted, your registration will be deleted and you will not be able to register again in the Application.


If the User fails to comply with the Terms of Use, or the Privacy Policy, due to misconduct, we may cancel their access. In this case, you must also be legally responsible for this conduct.


The user may, at any time and without the need for justification, request the cancellation of their registration with the Application. Your unsubscription will be carried out as quickly as possible, as long as there are no outstanding debts.


Whether in the case of a registration cancellation request, or in the case of deletion due to non-compliance with the rules set out herein, the User's personal data will be treated in accordance with our Privacy Policy (Link), and it is possible that all or some data are maintained even after account deletion, regardless of the consent of the holder of personal data.


Navigation

We undertake to use all technical solutions at our disposal so that the Application can be accessed 24 (twenty-four) hours a day, every day. However, We may, at any time, interrupt, limit or suspend access to the Application or some of its pages or resources, in order to carry out updates, modifications, corrections or any other action that we deem necessary to ensure its proper functioning.< /p>

Application Management


For good management, We may, at any time:

  • suspend, interrupt or limit access to all or part of the Application to a specific category or to all Users;
  • remove all information that may disrupt the functioning of the Application or that is in conflict with norms of Brazilian Law or international Law;
  • suspend the Application in order to carry out updates and/or modifications;

Our Responsibilities


Although We do everything within Our power to keep Our Application in full and correct operation, We will be responsible for any defects or defects found in the computer program that makes up Our Application and which have been caused by Us, as long as damage has been proven.


Defects or problems arising within the scope of or as a result of the internet connection, systems or equipment used by the User to access and use Our Application will not be our responsibility.

We are also responsible, within the limits and under the terms of the law, for Our Content. We do not, however, assume any responsibility for Third Party Content.


We are not responsible for the use that Users make of Our Application, and they are responsible personally and exclusively for their own actions.


We will not be responsible for any damages arising from acts of God, force majeure or those resulting from the actions of third parties.


We are responsible for Our Services sold within the scope of the Application and undertake to provide them in accordance with the conditions established during contracting. We are not responsible, however, in situations that are beyond our control, such as in situations in which the contracting User provides us with false or incorrect information or in which there is a fortuitous event or force majeure that harms or prevents us from fulfilling our commitments in a timely manner. .


Use of the Application


The User must use the Application's functionalities for purposes that do not contradict the law, morals or good customs. In particular, you must limit yourself to using them in accordance with the objectives for which they were created.


In this way, the User will be able to use the application respecting the rules contained in this Terms of Use. Therefore, when using Astribes, the User must NOT ADD, POST OR SEND any content that:

  • Mention profanity or language considered offensive or that is inconvenient, results in harm, embarrassment or causes discomfort to other people;
  • That contains obscene, defamatory, pornographic content or that may in any way violate or offend human dignity;
  • That is considered abusive, that insults, promotes, offends or threatens, and that portrays or encourages violence, induces suicide, self-mutilation , fanaticism;
  • That encourage or promote illicit activities (including, but not limited to: terrorism, hate crimes, such as racism, sexism, xenophobia, ethnocentrism , religious intolerance and prejudice against disabled people or whose publication may in itself constitute a criminal offense);
  • Which involve the exploration of commercial activities (such as advertising, sales, competitions, commercial telephone lines or external links to other websites)
  • That involves the transmission or dissemination of spam, sending unsolicited messages or "junk mail" and also, the User may not use crawlers, robots or any computer programs, algorithms, equipment or automated methodologies to access, copy, read, monitor, browse, fill out forms or publish content on the Application.
  • That uses any "spyware", adware", viruses, corrupted files, malicious programs, codes that can interrupt, damage or destroy or limit the functionalities of any software, hardware, telecommunications, networks, servers or other equipment, "Trojan horses" or any other material that may interfere, intercept, damage or expropriate any data or personal data, whether from the Zillius company or Astribes Users;
  • That uses any automated or manual means or tools to access any content or information that has not been intentionally made available to you by Us, including the information contained of sections of Our Application and those that are stored or that travel within the scope of the Information Technology infrastructure used by Us;
  • Who makes a publication that infringes the rights of third parties (covering, but not limited to: intellectual property, other property and privacy rights);
  • That exposes content that a particular person has created or distributed without that person's knowledge and without that person having consented or having had the opportunity to refuse the creation and distribution of such content;
  • That contains images of children, even if they are present in the photos, and that such situations may put minors at risk;
  • The User may not violate or test the vulnerabilities of the security mechanisms of the Application or the Information Technology infrastructure used by Us;
  • The User may not use any of the content or information made available on Our Application for the purpose of identifying other Users or other people, unless the content or information is lawfully disclosed for this purpose.
  • The User may not overload the Information Technology infrastructure that maintains the Application with an excessive or unreasonable number of requests.
  • The User may not hide their identity or the origin of their connection, nor may they impersonate another person. In this sense, in addition to other possible conduct, the User may not use any tools or mechanisms to manipulate or mask the origin of any message sent to Us or Our Information Technology infrastructure through Our Application or any of its features. .
  • The registered User will be responsible for the use made of their user accounts, and must ensure that their access credentials (login and password) are not shared with third parties.
  • The User is responsible for ensuring the security of the electronic equipment and systems they use to access the Application.
  • The User will be responsible for any content or information that they eventually publish on Our Application.

We ask Users to carefully read the content of this term, using Astribes with common sense, being aware that all information and publications are the sole responsibility of the User.


We also inform you that we use automated monitoring systems to search for content that indicates violations of the rules contained in this Term. In this way, the User who violates such rules may be prevented from using the application, that is, we may restrict the User's access, as well as deactivate their account or block it. Furthermore, we may remove any added content that violates the policy of these terms of use or to comply with applicable legislation and regulations.


External Links


Our Application may contain external links that redirect the User to other internet pages over which We do not exercise control.


Despite the prior and regular checks we carry out, we disclaim any responsibility for the content found on the pages and applications that can be accessed through these links. Therefore, if you choose to interact with third parties made available through our services, the terms of that third party will control their relationship with the User.


As such, Astribes is not and cannot be held responsible for the terms or actions of third parties.


Intellectual Property Rights in Computer Programs and Our Content


The computer programs that make up the Application and Our Content made available on the Application are Our property, unless we expressly mention otherwise.

Our computer programs and Our Content that are protected by copyright may not be, in whole or in part, copied, reproduced, represented, adapted or in any way altered, by any means and for any purpose, without Our prior authorization , expressly and in writing. In the event of violations of Our intellectual property rights, We reserve the right to take all applicable judicial and extrajudicial measures.

Access to the Application does not generate for the User any intellectual property rights relating to elements of the Application.


Services


Through the Application, We provide the customer with all information regarding the application's functionalities.

We also offer the opportunity to purchase a subscription for Premium features, for those Users who choose to acquire all the benefits available in the application, presenting and accurately specifying all services purchased. The Services are described and presented with the greatest possible degree of precision, accompanied by correct, clear, precise, conspicuous information in Portuguese about their characteristics.


All Premium services can be purchased instantly or after registering on the Astribes application, so that the User can subscribe to Premium services for different periods of time.


In the case of a Service acquired within the scope of offers, the User must observe its application conditions. Offers will be made available on the Application at Our convenience.



Service Prices


Zillius reserves the right to modify the prices of services at any time, publishing them on the Application.


Prices will be indicated in the international reserve currency (US$ = Dollars) and the values in force at the time of the order will be applied within the period provided.


Service costs may vary depending on several factors, such as (but not exclusively) promotions, loyalty bonuses and other discounts.


The total amount of the contract, including any fees charged by payment platforms, will be indicated before the final validation of the order.


Service Provision


The Services will be provided by Us in accordance with the specifications, conditions and other information available on Our Application.


Payment Methods


Payments for orders made by Users must be made in cash or in installments, through the following means:

  • All payment methods offered to the user by Google Pay and Apple Pay.

The Right to Repentance


Within a period of 7 (seven) days, counting from the date of contracting the service, the customer may withdraw from the purchase and request a refund of the amounts paid, without the need to present any justifications, in accordance with the Defense Code Consumer Affairs (Law No. 8,078/90).


Purchases and Cancellation


Astribes, in addition to the Premium version, will in the future be able to offer products and services for purchases (“acquisition of new products and/or services”) through the App Store and Google Play Store platforms, for which charges will be made by the platforms payment methods authorized by Astribes.


If the User makes a purchase of a product and/or service in the application, they must confirm their purchase with the applicable payment provider and will receive a charge according to the chosen payment method (which will be carried out through the payment platforms such as the Google Play Store or the App Store under “Payment Method”) the amounts attributed to the selected service(s), as well as any sales or similar taxes that may eventually be applied to your payments.


Therefore, the User authorizes Astribes, as well as the payment platforms (Google Pay or Apple Pay) to charge for purchases made by the Users.


Automatic Payment and Automatic Renewal


If the User purchases a periodic subscription whose renewal will be done automatically through an in-app purchase, the amounts will be charged continuously for the subscription, until a cancellation request is made by the User.

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In this way, after the period of the initial and recurring subscription commitment, your subscription will automatically continue for an additional equivalent period, for the amount that the User agreed to subscribe. Your card payment information will be stored on the payment platforms used by the User and subsequently used for automatic card payments, in accordance with the terms of use of each payment platform, and the User must pay attention to the information provided by them. .


Any objections regarding one or more payments made must be directed to the Customer Support of the payment platform chosen by the User, as well as the User may raise an objection directly with their Bank or payment provider, which may provide detailed information on procedures and rights, as well as applicable deadlines.


In addition, the User may at any time and without restrictions, withdraw their consent in relation to automatic card payments, simply by accessing the settings of the chosen payment platform, remembering that the User will still be obliged to pay any amounts that are pending in the system.



Cancellation Request and Termination of Contracted Subscription


Initially, it is important to clarify that the subscription cancellation policy carried out on the Application will be governed by the Consumer Protection Code (Federal Law No. 8,078, of September 11, 1990).


Thus, in the event of customer regret, the customer may exercise their right to repent within the period informed in item 14, that is, within 7 (seven) days from subscribing to the service, thus, the Any amounts paid, in any capacity, during the reflection period, will be returned within the established deadlines and under the terms of the Google Pay and Apple Pay payment platforms.


After the repentance period, if the User wishes to change or terminate their subscription, they must log in to their third-party account and follow the instructions to cancel their subscription, even if they have deleted their account with us or the Astribes app on your device.


Remember that deleting your account or the Astribes application from your device does not cause your subscription to be terminated or cancelled; Astribes will retain all funds debited from the selected Payment Method until the User terminates or cancels their subscription through the payment platforms, as applicable. If the User ends or cancels his subscription, he will be able to use it until the end of its current term, and it will not be renewed after this period.



Refunds


Charges for purchases are non-refundable, and there are no refunds or credits for partially used periods. The only plausible exception to refunding a subscription offer is if the order cancellation request is made within the regret period informed in item 14 of this term, counting from the date of the transaction.


So, to request a refund:


If the User made a purchase using the Apple Pay payment platform, they must contact the payment platform, so that the refund will be made by Apple and not by Astribes. To request a refund, go to the App Store, click on your Apple ID, select “Purchase history”, locate the transaction and click “Report a problem”. You may also submit a request to https://getsupport.apple.com. (check if the link is correct)


If the User made a purchase using the Google Pay payment platform, contact customer service and have the Google Play Store order number ready (you can find this number in the order confirmation email or by connecting to Google Wallet), so the refund will be made through the Google Play Store and not through Astribes.


Therefore, for all purchases made through the payment platforms listed above, Users must request a refund directly from the third-party seller with whom they made the purchase.



Personal Data Protection


We process Users' personal data in accordance with Federal Law no. 13,709/2018 (General Personal Data Protection Law) and other related regulations that apply to us. More information on this subject can be found in our Privacy Policy


In said Policy, we identify the personal data we process and provide information on how, for what reason and on what legal basis we do so, as well as the way in which Users can exercise their rights related to the protection of their personal data and how they can contact our Personal Data Protection Officer.


Requests for alteration, rectification or deletion of personal data must be directed to us in accordance with the provisions of that Policy.


Notice and Procedure for Claiming Copyright Infringement


If the User identifies and believes that their work has been copied and published on the Service in a way that proves possible copyright infringement, we request that a communication be sent with a request for removal via support email.

In this way, the User who reports any copyright infringement to us must, indispensably, include the following information:

  • Proxy instrument containing the electronic or physical signature of the person authorized to act on behalf of the copyright owner;
  • document containing a detailed description of the work protected by copyright, of which such violations are alleged;
  • The description of where the material alleged to have committed the infringement is located on the service (the description must be detailed so that we can locate the alleged infringing material);
  • Contact information, containing address, telephone number and email address and the full name of the copyright holder;
  • Written statement by the User that the User has a good faith belief that the disputed use has not been and is not authorized by the copyright owner , by its agent or by law;
  • And, finally, a declaration must be made by the User, under penalty of perjury, that the information provided in the notification regarding this topic is accurate and that the User is the copyright owner or is duly authorized to act on the copyright owner's behalf.

Zillius is committed to closing the accounts of repeat infringers.


User Support Service


In case of questions, suggestions or problems using the Application, the User can directly contact Our customer service, via the email address: support@astribes.com



Sanctions


Without prejudice to other applicable legal measures, We may, at any time, warn, suspend or permanently cancel the User's account:


  • that fails to comply with any of the provisions contained in this instrument;
  • that fails to fulfill its duties as a User;
  • performing fraudulent, illegal or immoral acts;
  • which provides any incorrect information;
  • whose behavior constitutes or may cause offense or damage to third parties or to the Application itself.

Changes


This version of the general terms and conditions of use was last updated on: 17/11/2022.


We reserve the right to modify, at any time, the application and services, as well as these rules, especially to adapt them to developments in the Application, whether by making new functionalities available, or by deleting or modifying those already existing.


The User will be explicitly notified in the event of changes to these terms.


Applicable Law and Forum


For the resolution of disputes arising from this instrument, Brazilian law will be fully applied.


Possible disputes must be presented in the court of the district where the application publisher's headquarters are located.



Full Agreement - Final Information


This agreement, which includes the Privacy Policy , the Policy of Cookies (check the creation of cookie policy), the Security Tips (check the creation of security tips), the Community Guidelines (check the creation of community guidelines) and all terms disclosed and agreed by you User, when purchasing additional features, products or services that we offer on the Service, constitutes the entire agreement between you (User) and Astribes regarding the use of the products and services offered here.


If any clause of this Agreement is eventually considered invalid, the other clauses and obligations of this Agreement will remain in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.


The User hereby agrees that his Astribes account is non-transferable and all his rights under his account and its content terminate upon his death.


In addition, Astribes informs that no partnership, agency, fiduciary, joint venture or any other relationship or special contract is created as a result of this Agreement, and the User under no circumstances may make any representations or be bound by Astribes .