AGREEMENT
These Terms of Use constitute an agreement entered into with TRACTIAN INC., a Georgia corporation with a place of business at 201 17th Street NW, 2nd floor, Atlanta, GA 30363, USA, regarding the grant of a usage license to the Tractian Platform in the TracOS™ Mini mode ("Licensing"), for Asset Management, PCM, and Service Order Management, with customized report generation, implementation, training, and remote technical support.
The Party acknowledges awareness of all the provisions herein and agrees to be bound by all these Terms of Use.
TRACTIAN will provide the license subject to these terms of use in the manner and conditions set forth herein, and will provide remote support and technical assistance during business hours and upon request, through the chat feature within the platform, provided that the user does not have any outstanding financial obligations. The Services will be available for access 24 hours a day, 7 days a week, with a 99% (ninety-nine percent) availability, except in case of emergency or scheduled downtime communicated in advance to the user.
THE DURATION OF THIS AGREEMENT
These Terms of Use shall be effective upon the user"s electronic acceptance and shall remain in force as long as the user continues to use the licensed software.
PRICE AND PAYMENT METHOD
For the release of the software license, the corresponding service fee will be paid to TRACTIAN, regardless of the actual use of the tool, via automatic debit on the Credit Card or bank slip, which will be generated and sent by the Asaas platform automatically, 10 (ten) days before the due date.
Any unjustified billing or invoicing error will result in immediate blocking of user access and/or suspension of the license, without prior notification, until the issue is resolved. findo o inadimplemento, estando as partes cientes de que tal efeito será automático e incondicional.
In the event of non-payment according to the stipulated method, TRACTIAN is authorized to charge a penalty of 2% (two percent), late payment interest of 1% (one percent) per month, and monetary correction based on the INPC/IBGE index, calculated pro rata die between the due date and the actual payment date.
Furthermore, you agree to promptly update your account and payment information, including email address, payment method, and payment card expiration date, so that we can process your transactions and contact you as necessary.
CANCELLATION
You can cancel your subscription at any time by accessing your account or contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid period.
If you are not satisfied with our services, please send an email to [email protected].
USER'S DECLARATIONS
Through this instrument, the user declares that:
- Will use the Solution in accordance with the terms agreed upon in this Agreement, and in accordance with its intended purpose, respecting the limitations imposed by this Instrument;
- Will make the payment for the services and licensing of the platform in the mannerstipulated in this Agreement;
- Is aware that all data and information collected and/or used with the direct or indirect assistance of the platform, as well as all content generated as a result of using the platform, may be used in their business activities, and cannot be distributed or resold to third parties. They commit to maintaining confidentiality regarding the data, except when it is shared with clients or due to a contract where the data is used for or in connection with TRACTIAN"s activities;
- The licensed software is for the exclusive use of the contracting user, and the license may not be assigned, loaned, transferred, sold, leased, subleased, or used in any way by third parties who are not part of these Terms;
- Is aware that sensitive data, such as machine photos and frequency, usernames, and others, as well as non-sensitive data, i.e., those identified by machine behavior, obtained by the platform, as well as other technical information about their industrial assets, may be collected by TRACTIAN for the purpose of improving and evolving the licensed software;
- Throughout the term of this Agreement, access to the Software will be restricted to individuals who are duly employed by the user.
INTELLECTUAL PROPERTY
The Parties acknowledge that the Software provided under this Agreement is the property of TRACTIAN, being the sole owner of all rights, titles, and interests, unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, know-how, and other trade secret rights, and all other intellectual property rights, including derivative works and documents, modifications, and respective enhancements, and similar forms of protection anywhere in the world ("Intellectual Property Rights"), related to the Software, as well as suggestions, ideas, improvement requests, feedback, recommendations, or any other information provided by any party concerning the Software. These Terms of Use do not transfer any rights to or related to the Licensed Materials or Support and Maintenance Services or the Parties" Intellectual Property Rights.
The Content and Trademarks are provided in the software solely for your information and personal use. Except as expressly provided in these Terms of Use, no part of the software, nor any Content or Trademark, may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written consent.
PROTECTION OF PERSONAL DATA
TRACTIAN and the user commit to fully comply with the provisions of the General Data Protection Law, regarding the processing of personal data necessary for the execution of these Terms. Therefore, all data processing will be carried out in accordance with the legal bases provided which will apply to the services and for legitimate, specific, explicit, and informed purposes.
TRACTIAN may receive personal data shared by the user. In this case, regardless of the method of sharing, TRACTIAN will be considered a data controller and processor of personal data. The user guarantees that the personal data shared with TRACTIAN have been obtained legitimately, lawfully, and in strict compliance with the General Data Protection Law, particularly regarding
the legal bases, purposes, transparency mechanisms, and information provided to the respective data subjects.
The processing of personal data by TRACTIAN, in accordance with these Terms, will be carried out for the purposes strictly related herein, as well as in accordance with our Personal Data Privacy Policy. The use of such information for purposes other than those stated in these Terms is prohibited. The data may also be used, when applicable, to comply with legal or regulatory obligations, exercise legal rights, comply with court orders.
The personal data shared in connection with these Terms should be considered confidential information.
TRACTIAN and the user commit to adopting all necessary technical and administrative measures to ensure the protection of the personal data processed in connection with these Terms.
CORRECTIONS
There may be information in the software that contains typographical errors, inaccuracies, or omissions, including descriptions, prices, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information in the software at any time without prior notice.
OTHER INFORMATION
TThese Terms of Use and any policies or operational rules published by us in the software or in relation to the software constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not be construed as a waiver of such right or provision. These Terms of Use are valid and enforceable to the fullest extent permitted by law. We may assign all or part of our rights and obligations to third parties at any time. We shall not be liable for any loss, damage, delay, or failure to act caused by any event beyond our reasonable control. If any provision or part of a provision of these Terms of Use is deemed unlawful, invalid, or unenforceable, that provision or part of the provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of the remaining provisions. No partnership, employment, or agency relationship is created between you and us as a result of these Terms of Use or your use of the software. You agree that these Terms of Use shall not be construed against us by virtue of us having drafted them. By accepting these Terms of Use electronically, you waive all defenses you may have based on the electronic form of these Terms of Use and the lack of signature by the parties to execute these Terms of Use.
CONTACT US
To resolve a complaint about the software or obtain more information about its use, please contact us at: [email protected]
Last updated on July 17, 2023