Terms of use

Welcome to Pulpo (“Pulpo” or “Our” or “Us”) – We appreciate you for visit us. We expect that you enjoy the experience.

These Terms of Use (“These Terms”) is a legal agreement between You and Pulpo (collectively, “Everyone”) and governmental, as well as your use of the platform, as well as others on the Web. Texts, data, information, software , graphics, photographs, among others (Everything We Call Materials) that Pulpo can make available to You.

READ THESE TERMS CAREFULLY BEFORE NAVIGATING THIS PLATFORM. THE USE OF THIS WEBSITE INDICATES THAT YOU HAVE READ AND ACCEPT THESE TERMS. YOU MAY NOT USE THIS PLATFORM IF YOU DO NOT ACCEPT THESE TERMS.

Access this Platform

When You access This Platform, You became responsible for the compliance of This Terms, as well as for any and all use of This Solution through any account that You may configure through or in this Platform; some Materials will be available to You only if You have an account. You agree to provide true, accurate, current and complete information during Your Use of Pulpo. As this is Your account, it is Your responsibility to obtain and maintain all necessary equipment, services and software to access and use this Platform, as well as to pay related fees. It is also Your responsibility to maintain the confidentiality of Your(s) password(s). If You believe Your password or other security information in this Solution has leaked in any way, You must notify Us immediately.

Sometimes, We collected some personal information about You just in connection  to and use of This Solution. The use of these information by Pulpo is governed by the provisions of our Private Policy.

We reserve the right to require that You change Your password or  restrict Your access to This Platform, as We consider necessary.

Your allowed use of Pulpo

If You are invited to use Pulpo for your personal and business purposes, which You will be purchasing Pulpo’s product or services to use in Your business (“Permitted Use”).

We, thought This Terms, grat, to You, a a limited, non-exclusive, non-transferable license to use and display the Materials. Your right to use the Materials is conditioned upon Your compliance with these Terms. You have no other rights about Pulpo or any Materials and You can’t modify, edit, copy, reproduce, create derivative works of reverse engineer, alter, perfect or otherwise exploit any portion of Pulpo or Materials of any way.

If you make copies of any portion of This Platform, while performing Permitted Use activities, We request that You keep all copyright and other proprietary notices as they appear on Pulpo.

Unauthorized Use Of Pulpo, Acceptable Use Policy

We authorize Your limited use of Pulpo. Any other use of Pulpo other than Permitted Uses is prohibited and thereby constitutes unauthorized use of Pulpo. This is because all rights to this Platform remain as property of Pulpo.

Unauthorized Use of Pulpo may result in violation of various Brazilian and international copyright laws.

Ending Your Use Of Octopus

We or You may terminate Your use of the Pulpo at any time. Your use of this Platform will terminate automatically in the event You disrespect any of these Terms. To make it clear:

• Unless we otherwise agree with You in writing, We may terminate, suspend or modify Your registration on, or access to, all or parts of this Platform without notice, at any time and for any reason.
• You may discontinue Your access to and use of Pulpo at any time. In the event of automatic termination for non-compliance with the rules, you must immediately destroy any downloaded or printed materials (and any copies thereof).

Disclaimer of Liability

THIS PLATFORM IS PROVIDED “AS IS” AND “WITH ALL FAULTS”, AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS PLATFORM ABOVE YOU.

PULPO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, OR STATUTORY) WITH RESPECT TO THIS PLATFORM, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USE, OR PURPOSE PARTICULAR, TITLE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

THIS MEANS THAT THE OCTOPUS DOES NOT PROMISE YOU, THAT THE PLATFORM IS FREE OF PROBLEMS.

Without limiting the generality of the foregoing, PULPO does not warrant that this Platform will meet your requirements or that This Platform will be uninterrupted, timely, secure or error free or that defects in this Platform will be corrected. PULPO does not provide guarantees as to the results that may be obtained by using this Platform or as to the accuracy or reliability of any information obtained through this Platform. No advice or information, whether oral or written, obtained by you through this Platform or PULPO, its subsidiaries or other affiliated companies, or its suppliers or them (or their representatives, officers, employees or agents of such entities) (collectively, “PULPO Parties”) will create such a guarantee. PULPO disclaims any liability for any equitable relief.

Limitation of Liability

IN NO EVENT SHALL ANY OF THE PARTIES OF THE PULPO BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DATA OR (B) DAMAGES THAT ARE MORE THAN HUNDRED REAL (R$ 100,00) IN TOTAL (INCLUDING, WITHOUT LIMITATIONS, DAMAGES RESULTING FROM LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF IMAGE TO CLIENTS, LOSS OF USE, BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSS), ARISING OUT OF OR IN CONNECTION WITH THIS PLATFORM (INCLUDING, WITHOUT LIMITATION, INABILITY TO USE, OR THE RESULTS OF THE USE OF THIS PLATFORM), ARE SUCH DAMAGES BASED ON WARRANTY, CONTRACT, TORT, STATUTORY OR ANY OTHER LEGAL THEORY AND EVEN IF ANY PART OF THE PULP HAS BEEN ADVISED (OR SHOULD BE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES .

EXCLUSIONS AND LIMITATIONS: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the disclaimers and limitations of liability may not apply to You. To the extent that the Parties to the APPOINTMENT can not as a consequence of applicable law waive any implied warranties or limit their liability , the scope and duration of such warranty and the extent of liability of the PULPO Party shall be limited to the minimum permitted under such applicable law.

PULPO can modify this Platform

Pulpo reserves the right to modify, suspend or discontinue This Platform at any time without notice to You. We would like, however, You to be aware of the following:

• PULPO may make changes to this Platform or to the products, services and prices described in this Platform at any time, without notice.
• This Platform may be outdated, and PULPO does not undertake, in any way, to update this Platform.
• The information published in this Platform may refer to products, programs or services that are not available in your country.

Your Submissions to This Platform

Some areas of This Platform (for example, chat rooms, customer notes, analytics areas, community forum and support) may allow that You send comments, information, data, texts, software, music, songs, photos, videos, messages or other materials (individually called “User Submission”). You agreed that You is the only responsible for all Yours User Submissions and that such User Submisisons are consider to be non-confidential and non-proprietary. In addition, PULPO do not garantee that You will have any right, though PULPO or any third party, to edit or delete any User Submission that You have submitted.

By making any User Submission You represent and warrant that:

• You are at least 18 years of age;
• You own all rights to Your User Submissions (including, without limitation, all rights to the audio, video or digital recording and performance contained in Your User Submissions) or, alternatively, You have acquired all necessary rights in Your User Submissions to allow You to grant PULPO the rights to Your User Submissions, as described in These Terms;
• You have paid and will pay the full amount of all license fees, release fees and other financial obligations of any kind arising out of any commercial use or exploitation of Your User Submissions;
• You are the individual portrayed and / or heard in Your User Submissions or, alternatively, You have obtained permission from each person (including the consent of the parents or guardians of any individual under eighteen (18) years) to appear and / or be heard in Your User Submissions, to grant the rights to the PULPO, as described in These Terms;
• Your User Submissions do not infringe copyrights, trademarks, patents, trade secrets or other intellectual property rights, privacy rights, and any other legal or moral rights of any third party;
• You voluntarily agree to waive any “moral rights” you may have about your User Submission;
• All information contained in your User Submission is not, to the best of your knowledge, false, inaccurate or misleading;
• Your User Submission does not violate any law (including, but not limited to, laws governing export control, customer protection, unfair competition, anti-discrimination or false advertising);
• Your User Submission is not and can not be reasonably considered to be defamatory, misleading, hateful, racially, ethically, religiously, or in any other way biased or offensive, criminally threatening or criminally intimidating to any individual, partnership or corporation , vulgar, pornographic, obscene or invasive as to the privacy of another person;
• You have not and will not be compensated or receive any consideration by any third party for Your User Submission;
• Your User Submission does not incorporate materials from a third-party website or addresses, electronic addresses, contact information or phone numbers (other than Your own);
• Your User Submission does not contain viruses, worms, spyware, adware or other potentially harmful programs or files;
• Your User Submission does not contain information that you consider confidential, proprietary or personal; and
• Your User Submission does not contain or constitute any advertisements, promotional materials, junk mail, spam, chains, pyramid schemes or any other form of unsolicited or unauthorized solicitation.

By making a User Submission, You hereby grant an irrevocable, perpetual, transferable, non-exclusive, fully paid, worldwide, royalty-free (multi-sublicensable) license to:

• Use, distribution, reproduction, modification, adaptation, publication, translation, public performance and public display of Your User Submissions (or any modification thereof), in whole or in part, in any format or media already known or to be developed;
• Use (and permission to use for others) of Your User Submission, in any form and for any purpose (including, without limitation, commercial purposes) that PULPO deems appropriate, in its sole discretion (including, without limitation, incorporating Your User Submission or any modification thereof, in whole or in part, in any technology, product or service);
• Display of advertisements in connection with Your User Submissions and use of Your User Submissions for advertising and promotion purposes.

PULPO may, but is not obligated to, filter User Submissions or monitor this Area of ​​this Platform through which User Submissions may be made. PULPO is not obligated to host, display or distribute any User Submissions on or through this Platform and may remove, at any time, or refuse any User Submissions, for any reason. PULPO is not responsible for any loss, theft or damage of any kind to any User Submission. In addition, You agree that OCTOBER may freely disclose Your User Submission to any third party without any obligation of confidentiality on the part of the recipient

Intellectual Property Rights

PULPO respects the intellectual property rights of others, and We ask You to do the same. PULPO may, in appropriate circumstances and in our sole discretion, terminate the service and / or its access to this Platform for users who infringe on the intellectual property rights of others. If You believe that your work has been the victim of copyright infringement and / or trademark infringement and appears In This Platform, please let us know.

• Trademarks

PULPO has rights over the registered trademarks, PULPO and PULPO Logo (shown below), as well as other registered and unregistered trademarks.

You may use trademarks PULPO, in texts, to make fair and accurate references to PULPO, its products and services, according to the guidelines below.

PULPO Logo is reserved for use by PULPO and PULPO partners and licensees who have a written agreement with PULPO that specifically authorizes the use of the logo. No other use of the PULPO logos is allowed.

You may not use the PULPO trademarks to confuse consumers as to their relationship with PULPO, as to the sponsorship or endorsement of PULPO for your company, products or services, or as to the origin of your products and services. Any use of the trademark PULPO that is likely to confuse or deceive the public is illegal is expressly prohibited.

You can not:

• Use the PULPO Logo other than in accordance with the express written authorization of PULPO;
• Place the logo on a complicated background or with patterns;
• Apply reflections or gradients to the logo;
• Treat the logo as a dimensional object;
• Change the shape of the logo;
• Tilting or rotating the logo;
• Add a slogan to the logo;
• Apply colors to the logo;
• Change logo colors;
• Animate the logo;
• Place fonts / text inside the logo or in its free space; or

THESE GUIDELINES MAY BE REVISED FROM TIMES IN TIME WITHOUT PRIOR NOTICE. IT IS THE RESPONSIBILITY OF PARTNERS, LICENSES, ALLOWERS AND AUTHORIZED RESELLERS TO PURPOSE REGULARLY TO CHECK THIS PAGE, AND TO VERIFY, WITH ITS PULPO COMMERCIAL CONTACTS, TO ENSURE CONTINUOUS COMPLIANCE WITH THE GUIDELINES FOR THE USE OF THE PULPO COMMERCIAL MARK.

Indemnity

You agree to identify, defend and hold harmless The Parties to and from any and all claims, liabilities, damages, losses, costs, expenses or fees (including reasonable attorneys’ fees) that such parties may incur as a result or arising of Your (or anyone using Your account) violation of these Terms. PULPO reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and, in such a case, You agree to cooperate with the PULPO defense against such claim.

Electronic Communications

When you visit this Platform or send emails to the PULPO, you are communicating electronically with PULPO. We may respond to You by email or by posting notices on this Platform. You agree that such notices, disclosures and other communications that the PUPO provides to You electronically satisfy any legal requirements that such communications would have in writing.

Property

Unless otherwise specified in these Terms, all Materials, as well as their organization, are exclusively owned by Us, Copyright © [date of creation] PULPO (Company Name) All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Final contract for all

These Terms, together with any additional terms with which you agree to use particular elements of this Platform, constitute the final and exclusive and final declaration of the agreement, as between all, in relation to the subject matter herein, superseding any prior agreements or negotiations between You and OCTOBER in relation to it. The PULPO Parties are beneficiaries of third parties, in relation to the provisions in these Terms that refer them.

Jurisdiction

These terms will be governed by Brazilian laws, as applied to contracts made, established and executed in Brazil, in its entirety. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computing Information Transactions Act shall not apply to these Terms. All proceedings arising out of or relating to These Terms or Your use of this Platform shall be resolved in the Federal courts, and You hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.

Miscellaneous

The failure of the PULP to exercise or impose any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision in these Terms is declared by a competent court or jurisdiction to be invalid, You nevertheless agree that the court shall endeavor to give effect to the intentions of the PULPO and You as reflected by the provision and that the other provisions of these Terms remain with full force and effect. The headings in the These Terms sections are for convenience only and have no legal or contractual effect.

Information Collected from Third Party Integrations

If you choose to use or link to third party integrations (eg OneDrive, Google Drive, Wufoo, Slack) through the Service, or if you are asked or authorized by such Customer, such third parties may allow us have access to and store additional information about your interaction with such services to the extent that it relates to your use of the Service. If you start these integrations, you also understand that we will share information about you that is necessary to enable your use of third-party integration through the Service. If you do not want this information shared, do not start these integrations. By allowing these, you authorize us to integrate and access the information provided and understand that the privacy policies of these third parties govern such integrations.

PULPO can modify these Terms of Use

PULPO may, in its sole and absolute discretion, change these Terms (including any other documents that are referenced in or have links to them in these Terms), from time to time. PULPO will publish notices of such changes, In this Platform, as applicable. If you disagree with any such changes, Your sole remedy will be to stop using this Platform. Continued use of this Platform, upon notice of such changes, will indicate Your knowledge of such changes and your agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms may be superseded by expressly designated notices or legal terms located on particular pages of this Platform and, in such circumstances, the expressly designated notice or legal term shall be deemed to be incorporated into these Terms and as a substitution of these Terms, which shall be designated as being replaced.