Terms of Use

Terms of Use

(Updated: 22 November 2016)

Terms of Use: "General Conditions"

These Terms of Use have the "General Conditions" applicable to the use of the website and the services offered by PSafe Technology SA CNPJ No. 12501419 / 0001-06 and CNPJ No. 12501419 / 0002-97, hereinafter "PSafe." Any person nominated hereinafter "user" who intends to use the services of PSafe must accept these Terms of Use, Privacy Policy, the License Agreement, and all other policies and principles that govern it. ACCEPTANCE OF TERMS OF USE IS ABSOLUTELY ESSENTIAL TO USE OF THE WEBSITE AND ITS SERVICES.

The user should read and make sure they have understood and accept all the conditions set out in the Terms of Use, as well as other documents incorporated by reference thereto, prior to their registration as a PSafe user.

1. User Data

1.1. For the quality of the Internet service is guaranteed, it is essential that users provide the necessary data and correct when requested by PSafe. PSafe is not responsible for incorrect reporting data.

1.2. The provision of data for the user to sign up for PSafe system, if applicable:

1.2.1. PSafe may, at its sole discretion not to accept the registration of users.

1.2.2. The veracity and authenticity of the data provided by users is an essential requirement for maintaining the Register. If the information provided in the register are not consistent with reality or result in any kind of legal infringement, the user can be unsubscribed by PSafe, without prior written notice.

1.2.3. It is not forbidden that one person has more than one record. If PSafe detects duplicate entries, through the data verification system, the duplicate account is subject to be deleted.

1.2.4. Only the person's registration to fill out all required information fields will be confirmed. The future user must complete it with accurate information, accurate and true, undertaking to update your personal data whenever a change occurs in them.

1.2.5. PSafe is not responsible for the correctness of personal data entered by its users. Users guarantee and respond, in any case, the truthfulness, accuracy and authenticity of registered personal data.

1.2.6. PSafe reserves the right to use all valid and possible means to identify its users, and to request additional data and documents it considers to be relevant to check the registered personal data.

1.2.7. If PSafe decides to check the veracity of the registration of a user data and finds to be among them incorrect data or untruthful or if the user to evade or refuse to submit the required documents, PSafe can BLOCK, temporarily suspend or permanently cancel the registration of this without prejudice to other measures it deems necessary and appropriate.

1.2.8. In case the application of any of the above penalties, the user is not entitled to any compensation or reimbursement.

1.2.9. The user will access your account via e-mail and password and undertakes not to report to third parties such data, and be responsible fully for the use that is made of them.

1.2.10. The user undertakes to notify PSafe immediately and through secure means, in respect of any unauthorized use of your account, as well as unauthorized access by third parties to it. The user is solely responsible for the transactions made on their account (including the redemption of any "points" or some other virtual measurement), since access to it is only possible through the provision of the password, whose knowledge is unique user.

1.2.11. In no case will it be acceptable to transfer, sell, rent or any other form of account transfer. Also, the user will not be allowed to maintain more than one record for the same person, or the creation of new registrations by people whose original records have been canceled for violations of the PSafe policies.

2. Modifications of the Terms of Use

2.1. PSafe can change at any time these Terms of Use, aiming its improvement and improved services. The new Terms of Use take effect from its publication on the website www.psafe.com. Within 24 (twenty four) hours counted from the publication of the changes, the user must communicate by email, if you do not agree with any changes to the Terms of Use. In this case, the contractual relationship will cease to exist, since there are no accounts or outstanding debts on behalf of the user. If there is no demonstration in the stipulated time, it will be understood that the user tacitly accepted the new Terms of Use and the contract will continue binding the parties.

2.2. The changes will not remain in force in respect of operations already started at the time when the same changes are published. For these Terms of Use will stand with the previous wording.

3. Privacy of Information

3.1. PSafe takes strong measures to maintain the confidentiality and security of personal data, but is not liable for damage that may be derived from the violation of these measures by third parties who use public networks or the Internet, penetrating the security systems for access user information.

3.2. If you have questions about the protection of personal data, or for more information on personal data and the cases in which it can be broken the secrecy mentioned in this clause, see the Privacy Policy.

3.3. By accepting these Terms of Use, you acknowledge and agree that PSafe may collect, use, storage, processing and transfer to third parties your personal information (which the user has agreed to share with PSafe) in order to provide the services listed on the website of PSafe, as indicated in the Privacy Policy.

4. Violation in system or database

4.1 It is not allowed to use any device, program, system or other resource that will interfere in the activities and operations of PSafe as well as the accounts and their databases. Any intrusion, attempted activity that violates or contravenes the laws of intellectual property rights and / or the prohibitions set forth in these Terms of Use become responsible liable to the relevant legal actions and sanctions set forth herein, still held responsible for damages and any damage.

5. Sanctions

5.1. Without prejudice to other measures, PSafe may warn, suspend or discontinue, temporarily or permanently, a user’s account at any time and initiate appropriate legal action if: a) the user does not comply with any provision of these Terms of Use or Privacy Policy and License Agreement (if applicable); b) not complying with your user duties; c) engage in deceptive or fraudulent acts; d) if it cannot be verified the identity of the user or any information provided by it is incorrect; e) if PSafe understands that the ads or any user attitude have caused some damage to third parties, PSafe own or have the potential of so doing. In the case of disqualification of the user registration, all "points" (or any other virtual measure) and active related rewards will be automatically canceled. PSafe reserves the right at any time and at its sole discretion; require the submission of relevant personal documents to any user.

6. Program Fidelity

6.1. From time to time, PSafe and its subsidiaries and affiliates may offer "loyalty programs" for users. Participation in the program means that the user agrees to comply with and be bound by the rules of Section 6, which are hereby incorporated into the Terms of Use. In general, registered users can earn points or other prizes (physical or virtual) by inviting other users to the installation and activation of PSafe software. Users are not permitted to alter, remix, add or delete any of the PSafe communication texts that are associated with the address of the original Internet to be transmitted to potential users, unless PSafe has permitted in writing. You are responsible for ensuring that the points or any other premiums earned are properly credited. If the user believes that the points or other prizes were earned and not credited, he can then request for documentation or through other evidence satisfactory to PSafe.

6.1.1. Participation - Unless PSafe has specified in writing, only users permanently resident in Brazil (with physical address of record in Brazil) are eligible to participate in such programs. Registered users who participate without agreeing with these conditions may have their accounts terminated without recourse or compensation.

6.2. Redeeming Points - Points will be redeemed only when offered by PSafe or their time partners regarding the rescue. Accumulated points have no real value in cash. The rewards for points earned are subject to change at any time and without notice. The points will be subtracted from the user 's account once the ransom has been ordered from a location by itself and registered by PSafe system. Once the reward is requested, the points will not be restored to the user account (except in cases of returns, as described in Section 6.9). You agree to confirm that all the information from your personal profile are up to date and accurate when making the rescue.

6.3. Expiration and Inactive Accounts - ALL ITEMS NOT USED BE EXPIRED IN SIX (6) MONTHS AFTER YOUR ISSUE. PSafe SHALL NOT BE OBLIGATED TO NOTIFY OR REMEMBER THE MEMBERS ON THE POSSIBLE OR EXPIRATION OF POINTS NOT USED. PSafe reserves the right to cancel or disable accounts and expire unredeemed points of inactive accounts for 6 (six) months. PSafe reserves the right to limit the opportunities to earn points available to users while remaining inactive.

6.4. Not Transferable - The points are not transferable. Points and / or rewards may not be sold or exchanged. The account PSafe and the respective points are not transferable even if death, as part of a domestic relationship or under operation of law.

6.5. Fees - You acknowledge that PSafe reserves the right to charge for any part of their services and change rates at their discretion. If you fail to be a member by reason of breach of this agreement, he shall not be entitled to a refund of any portion of any fee or payment.

6.6. Only Personal Use - Services are for the personal use of users and cannot be used for commercial purposes, except when recognized or authorized in writing by PSafe. Illegal or unauthorized use of services is prohibited. PSafe reserves its right to take appropriate legal action for any illegal use of their services.

6.7. Prohibited Conduct - You, user agrees to not take measures to allow third parties to act in a manner detrimental to the interests of the program, PSafe or any other partner, without limitation attempting to accumulate points or spend points in a manner inconsistent with the rules of the program or with the same intent, having more than a registered user account and distributing or facilitating the unauthorized distribution of data, malware or viruses, spyware, worms, Trojans or other malicious code. Attempting to earn points through other legitimate users, participating in purchasing or redemption fraud or engaging in misleading practices, including marketing activities that were not requested or violating and denying third-party rights violations including privacy, publicity or property intellectual will be under the penalty of Brazilian law. PSafe has the right to terminate or disable, at our discretion, to register any user who believe have violated or acted incorrectly with the rules of the program.

6.8. Delivery - Delivery of products purchased in loyalty programs will be held at the time stated in PSafe own program. The deadline for deliveries reported by PSafe is only an estimate. It is therefore the participants of the program are informed of the delivery of its products redeemed based on accumulated points. It is possible that this period varies for logistical reasons and force majeure. Deliveries usually require up to 10 days after the time of redemption. In the event of strikes or any fortuitous events or force majeure that may delay delivery of the products purchased in the PSafe program, it will be exempt from any responsibility or liability. The receipt of the product with damaged, open or wet box should be refused and the user must immediately contact PSafe the program panel, within the Help area.

6.9. Return - The products are not subject to return, except for damage caused by transportation confirmed by the Postal Service.

7. Liabilities

7.1. Given also the impossibility of full, uninterrupted operation, 365 days a year, 24 hours a day, from any telecommunications system or computer, this fragile situation also including, due to its complexity, provision of the services of this Terms of Use, including due to the dependence of telecommunications services provided by third parties, PSafe does not guarantee in any way the provision of uninterrupted service and / or error free.

7.2. PSafe is not the direct producer of the items and / or services offered by loyalty programs and is not responsible at the time of delivery and / or use for quality, condition, integrity, damage caused by or legitimacy of the goods or services purchased by users of these programs.

7.3. PSafe does not provide the location, even if approximate, Android devices using the PSafe Total and/or PSafe DFNDR installed application(s) and does not guarantee success in the search procedure and location. PSafe reiterates that PSafe Total and PSafe DFNDR applications are auxiliary tools and do not replace the procedures that you must perform with the police, especially in case of theft or equipment theft. On Android devices, the “anti-theft” function does not work if the PSafe Total and/or PSafe DFNDR application, as appropriate, is not installed, updated, and active on the device. Even with this behavior, PSafe reiterates that the success of the "Anti-Theft" function depend on other items (including the user), that PSafe does not control or influence, such as (without limitation): a connected / device with battery, an active connection between the device and the data network (including, in the case of paid networks, an active account with a balance and connected to the device), and map data or other location information (which comes from outsourced services) that cannot be available in all areas or may be incomplete or inaccurate data.

7.4. PSafe does not guarantee recovery of data that are stored using the "Save data" PSafe Total and/or PSafe DFNDR Android. PSafe reiterates that PSafe Total and PSafe DFNDR applications are auxiliary tools and do not replace the normal procedures that the user must perform to keep a copy of the updated contacts and / or other data saved on your Android device. The "Save Data" function PSafe Total and/or PSafe DFNDR application(s) will not work if the user does not maintain the PSafe Total and/or PSafe DFNDR application(s), as applicable, installed, updated and active in your Android device (including any second device where the user wants to retrieve the data). Even with this behavior, the PSafe reiterates that the success of the function "Save data" depend on other items (including user), the PSafe does not control or influence, such as (without limitation): the use of function in a form regular to keep the data, a connected device / battery, an active account with Google (which the user remembers the information required to access), and an active connection between the device and the data network (including, in the case paid networks, an active account with a balance and connected to the device).

7.5. PSafe does not monitor the content saved using the "Save Data" function; It is the sole responsibility of the user to ensure that the content saved using the "Save Data" does not violate the copyright of third parties, and is not illegal or contrary rules and policies of PSafe. You keep PSafe (and any company associated with it) free and disclaims any liability for the content hosted by the user using the "Save Data." Any demand, whether of material nature, moral or criminal, brought against PSafe, related to the content of hosted data, will be taken immediately and with user-exclusive, undertaking this immediately replace PSafe in any judicial or extra-judicial demand and to indemnify and hold PSafe of any value that is will be required to pay.

7.6. PSafe ensures not to prolong the use of battery Android devices using the PowerPro application, and does not guarantee success in the procedure to extend the "life" of the battery. PSafe reiterates that the PowerPro application is an auxiliary tool and does not replace the standard procedures that you must perform to prolong battery usage. The PowerPro of application functions may not work if the application is not installed, updated, and active on the device. Even with this behavior, PSafe reiterates that the success of PowerPro functions depend on other items (including the user), PSafe does not control or influence, such as (without limitation): unit activity (including making calls) device temperature and environment, usage and quality of the GPS signal and / or other radios (Bluetooth, Wi-Fi, etc.) and the use of other applications on the device (even in the background are open).

8. Scope of Services

8.1. These Terms of Use do not create any partnership agreement, mandate, franchise, or employment relationship between PSafe and the user. PSafe is not responsible for any damage, injury or loss on the user's equipment caused by system failures, server or Internet due to third-party conduits. PSafe will not be responsible for any virus that can attack the user equipment due to access, use or browsing the Web site or as a result of the transfer of data, files, images, text or audio. Users cannot assign to PSafe no responsibility or demand payment for loss of earnings due to losses resulting from technical difficulties or failures in the systems or the Internet. Eventually, the system may not be available for technical reasons, Internet failures, or any other fortuitous event or most alien force to control PSafe.

9. Intellectual Property

9.1. Commercial use of the term "PSafe" and/or DFNDR and/or "PowerPro" as a trademark, trade name or domain name as well as the contents of the screens on services of PSafe, as well as programs, databases, networks and files, that allow the user to access and use your account, are the property of PSafe and are protected by international laws and treaties of copyright, trademarks, patents, industrial designs. The misuse and total or partial reproduction of these contents are prohibited, except with express permission of PSafe.

9.2. The website PSafe can link other network sites, which does not mean that these sites are owned or operated by PSafe. Having no control over these sites, PSafe is not responsible for the content, practices and services offered on them. The presence of links to other sites does not imply partnership relationship, supervision, complicity or solidarity PSafe towards these sites and their contents.

9.3. The website or the products and services PSafe may invite the user to participate in online forums, online messaging services or other features that can lead the user to create, post, upload, post, transmit or distribute content including but not limited to, text, photographs, graphics, drawings, comments, suggestions or other information ("Content"). You acknowledge that you are solely responsible for all Content that you make available, regardless of the tool, system or form of submission. Whenever you create, post, upload, post, transmit or distribute content via the website, platforms, services and / or products PSafe, or through websites, platforms, services and / or third-party products to which the user has access due to the use or installation of products and / or services PSafe, you grant PSafe authorization and the following non-exclusive license: a worldwide, transferable, sublicensable license to use, copy, modify, distribute, store, host, publish, process, create derivative work or exploit in any way all or part, in any media, software or media known or hereafter exist, information and content you provide without further consent, notice and/or compensation for yourself or others. These rights are limited in the following ways:

9.3.1. How your content and information is your property and we own only non-exclusive rights to them, you can choose to make them available to others, including under the terms of a Creative Commons license.

9.3.2. You agree that we may store and use any information you provide to us in accordance with the terms of the Privacy Policy.

9.3.3. You agree that only provide content and information that do not violate the law or the rights of third parties (for example, without violation of any intellectual property rights or contract). PSafe may be required by law to remove certain information or content.

10. Indemnification

10.1. You indemnify PSafe, its affiliates, subsidiaries or parent companies, officers, directors, employees, representatives and employees for any claims arising from its activities on the site or your breach of the Terms of Use, Privacy Policy or violation of any law or rights of third parties, including attorneys' fees.

11. Using Instant Messaging ("Live Chat")

11.1. PSafe available to users of its products and services an electronic tool that allows the sending and receiving instant messages between users and attendants PSafe called "Live Chat", which can be accessed by the user through the pages on the site PSafe of the "Help" section (when available). Through this tool, users can ask questions, request information and conduct inquiries and complaints regarding the products and services of PSafe.

11.2. PSafe provides the tool to facilitate contact between the user and PSafe, in order to improve the quality of services provided to users of our products and services. However, PSafe reserves the right to terminate, in its sole discretion, any instant messaging session established between a user and an attendant PSafe if you act inappropriately or not manner consistent with the purpose of the electronic tool, or share any inappropriate or improper content with an attendant PSafe. You agree that when using the instant messaging tool, all messages exchanged between the user and the attendant PSafe will be stored in the PSafe servers.

12. Minors

12.1. You agree that if you are under 18 years of age, parents, guardians or legal representatives have read and agreed to these Terms of Use before any use of your products and services offered by PSafe and the message of electronic tool instant ("Live Chat") or other message electronic tools (such as, without limitation, e-mail or standard methods in sites, forums or social networks) to dialogue with the attendants PSafe, made available on the site PSafe. The legal representatives of children under 18 or disabled account for the acts of their constituencies or wards. PSafe not carry out any checks on the information provided by users, including with respect to their civil capacity or age. However, if PSafe becomes aware, by any means, that a user is using any product or service PSafe, or a message of electronic tool for dialogue with the attendants PSafe without the consent of their parents, guardians or representatives legal, PSafe reserves the right to stop immediately and permanently access that user for products and services PSafe, and / or electronic tool for instant messaging, without notice.

13. Forum and Applicable Law

13.1. All content in these Terms of Use are governed by the laws in force in the Federative Republic of Brazil. For all matters relating to its interpretation and enforcement, the parties submit to will the Central Court of the City of Rio de Janeiro. Both parties expressly renounce any other jurisdiction that may correspond to them.

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