Terms and Policies
Policies & Procedures Manual
Terms and Policies
Policies & Procedures Manual
Terms of use for our solutions
GLAD TO HAVE YOU HERE! It is extremely important for us that You read carefully and understand our Terms of Use.
Do you know what are the Terms of Use?
It is a document that presents the conditions and rules for the proper use of our solutions in a clear and instructive manner.
From the moment You access our solutions, You agree and accept all terms in this document.
Any individual, User or End customer, who intends to use our solutions, states to have civic capacity to use them, as well as guarantees that they have read, understood, and accepted this document.
In order for our language to be clear, avoiding confusion related to words and expressions, here are some definitions for You to understand our Terms of Use properly:
PERSONAL DATA: any and all information that allows the identification of a person.
NDD CUSTOMER: all companies that use our solutions and infrastructure.
END CUSTOMER: individuals, contracting the services provided by NDD customers or Partners.
PARTNERS: companies directly responsible for implementing our products and services, or even acting as resellers of these solutions to their own customers.
USER: all those who, in some way, interact with each of our solutions.
CONTROLLER: understand as controller the company that enabled your registration to access our solution (NDD Customer), with which the User may have a professional, occasional, or recurring connection and, eventually, with the partner company responsible for providing and/or maintaining the solutions.
OPERATOR: one who performs the processing of personal data on behalf of one or more controller (s), notably the NDD Customer.
SOLUTIONS: refers to all products and services offered by NDD, including, but not limited to, internet sites, web portals for accessing solutions, mobile applications, knowledge bases, infrastructure or miscellaneous content that may be provided.
1. ACCEPTANCE OF TERMS OF USE
By using our solutions, You state that you have read and understood all the rules, conditions and obligations established in these Terms of Use.
2. SERVICES OFFERED
These Terms of Use are intended to regulate use and access to solutions owned by NDDIGITAL – SOFTWARE LTDA., located at Rua Dr. Walmor Ribeiro No. 431, district Coral, in the city of Lages, state of Santa Catarina, Postal Code 88523-060, enrolled with CNPJ/MF under No. 06.255.692/0001-03 (hereinafter referred to as NDD).
Our solutions aim to assist NDD Customers in conducting operations for management of payment methods and freight planning, electronic tax documents, management and control of printing environments and knowledge management.
Therefore, this information is clear, and You state that you are aware and agree that the services
3. REGISTRATION
From the moment You start using our solutions, you must also state that you are aware that you are solely and exclusively responsible, including civilly and criminally, for the accuracy and requesting any adjustment of the information provided in your Registration. Please know that, when necessary, we may verify the information entered.
If NDD identifies any type of malicious and/or fraudulent attitude in providing incorrect or false information registered in its system by any User, it may suspend or cancel the registrations that it understands to violate the rules and guidelines established by NDD.
4. CORRECT AND RESPONSIBLE USE OF THE SOLUTION
The User, NDD Customer, End Customer and Partners are committed to using our solutions in accordance with the law, with the provisions of this document, in the notices, regulations of use and instructions brought to their attention by our team.
You, End Customer, NDD Customer and Partners cannot do any form of advertising in the environment of our digital platform, through the profiles registered in the solution. Areas dedicated to advertising, if any, are exclusively operated by NDD. Those caught practicing this offense will be excluded from the platform without prior notice or warning.
We list some examples of practices that we consider improper and for which You, End Customer, NDD Customer or Partner are aware and committed not to practice:
- not transmit, disseminate or provide, through our solution, information to third parties that, in any way contradict, underestimate or violate fundamental rights and constitutionally recognized public freedoms, in international treaties and in the legal system as a whole;
- induce, incite or promote acts that are illegal, denigrating, defamatory, infamous, violent or, in general, contrary to law, morals and generally accepted good manners or public order;
- induce, incite or promote acts, attitudes or ideas that are discriminatory because of sex, race, religion, beliefs, age or condition;
- incorporate, make available or allow access to products, elements, messages and/or services that are illegal, violent, pornographic, degrading or, in general, contrary to the law, morals and generally accepted good manners or public order;
- induce or may induce an unacceptable state of anxiety or fear;
- induce or incite engagement in dangerous, risky or harmful practices to health or psychological balance;
- that are false, ambiguous, inaccurate, exaggerated or extemporaneous, so that they can be misleading about their object or about the intentions or purposes of the communicator;
- that are protected by any intellectual or industrial property rights belonging to third parties, without having previously obtained from their holders the necessary authorization to conduct the use that they make or intend to make;
- violate third party business secrets;
- that are contrary to the right of honor, personal and family intimacy or the very image of people;
- disrespect the rules on communications secrecy;
- incorporate viruses or other physical or electronic elements that may cause damage or prevent normal operation of the network, system or computer equipment (“hardware” and “software”) of third parties, or that may cause damage to electronic documents and files stored in these computer equipment;
If NDD detects any inappropriate conduct or suspects of fraud, it may, at any time and on its own initiative, regardless of prior notice: block, cancel or limit the access of any User, NDD Customer, End Customer and/or Partner to the solutions, reserving the right to resort to administrative, out-of-court and judicial measures that it deems convenient.
The User, Customers and/or Partners commit to use the contents made available by our solution, understanding as such, in an illustrative manner, the texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as graphic designs and source codes (hereinafter, the “Contents”) in accordance with the law, these Terms of Use, the Particular Conditions of specific Services and other legal notices, regulations for use and instructions available for their knowledge, as well as with morals and generally accepted good customs and, in particular, commit not to:
- reproduce, copy, distribute, allow public access, transform or modify the contents, unless they have the prior authorization of the holder of the corresponding rights or are legally allowed;
- suppress, manipulate or in any way modify the “copyright” and other data identifying the rights of this solution or its owners, as well as technical protection devices, digital marks or any information mechanisms that may contain the Contents;
- access our solutions in a way that could damage, disable, overload or weaken any server in the solution, or any networks connected to any NDD server.
They must also refrain from obtaining, or attempting to obtain, the Content by means other than those that, in each case, have been made available for such purposes or that, in general, are usually employed on the Internet for such purposes but have the risk of damaging or rendering the solution unusable, in particular:
- obtain data for advertising purposes and send advertising of any kind for sale or other purposes of a commercial nature without prior request and consent;
- send chains of unsolicited or not previously consented electronic messages;
- use distribution lists that can be accessed through the solution;
- provide to third parties, for any purpose, data collected from the solution.
5. OBLIGATIONS OF USERS / END CUSTOMERS / NDD CUSTOMERS
6. NDD OBLIGATIONS
NDD must guarantee the availability of the service contracted by its Customer (NDD Customer) or Partner, which may be in NDD’s own infrastructure or that of its Customer or Partner, as specified in the contract, so that all those who must have access to the information, that is, the different System Users, End Customers, NDD Customers and Partners can access all solution features and data to which they have access privilege.
It also undertakes to direct all necessary efforts to ensure the security and confidentiality of personal data subject to processing by the solution, making them available only in circumstances that satisfy its legitimate expectations and in those explicitly provided for in these terms of use, in the privacy policy and in the contracts that govern the personal data processing activities conducted by NDD at the Controller’s own risk.
7. NDD'S LIABILITY EXEMPTIONS
NDD, in addition to other limitations and liability exemptions provided for in these Terms of Use and our Privacy Policy, in contracts for specific types of Users, as well as in contracts that establish legal relationships between NDD, its customers and Partners, having as a direct or indirect target, the provision of services that involve our solutions. If they occur, we will not be responsible:
- for ensuring that the logged-on User is, in fact, the User who is using the solution platform, since the security mechanisms are already established from the moment the User is created in the solution;
- for hierarchical profiles created by the Customer or Partner in the platform, since NDD only offers this possibility of variation of personas;
- for elements harmful to the App capable of changing the software and hardware systems or data stored in the application, and NDD is exempt from any liability for damages or losses;
- for the access of unauthorized third parties to the data entered in the application, due to the sole and exclusive fault of the User and/or third parties over which NDD does not exercise control, causing damages and losses of any nature;
- for the User sharing with third parties the password registered in the application, being the User’s responsibility to ensure the confidentiality of their registration and financial information;
- for data and/or information provided erroneously by the User at the time of their registration for using the application;
- for potential unavailability, errors resulting from instabilities or inconsistencies in data transmission, the quality of the internet connection, quality and integrity of the devices employed for using the application, or for failures in their availability that prevent proper access to the solution;
- for potential unavailability, errors resulting from instabilities or inconsistencies in data transmission, the quality of the internet connection or for failures in their availability that prevent proper access to the solution;
- for the exclusive tax obligations of Partners, NDD Customers, End Customer and Users.
When using our solution, the User, End Customer, NDD Customer or Partner is fully responsible for the integrity and authenticity of all information sent to our database, exempting NDD from any responsibility for the misuse of the system, as well as for any potential infringement of copyright or related rights arising from the misuse of data or information of third parties.
8. PROPERTY RIGHTS OF SOLUTIONS
You are aware that NDD is the holder of all rights and/or interests in relation to its proprietary solutions, including all intellectual property rights related to them, without any reservation or exception, so that no right will be granted to You (User, End Customer, NDD Customer or Partner).
You, as an individual and/or through any third parties acting on your behalf under these Terms (Customers or Partners), commit to respect the intellectual property rights and/or copyright of materials, equipment, software (including corresponding source codes), hardware, brands, technologies, names, patents, logos, programs, works, processes, procedures, applications, stored data, systems, methodologies, formulas, procedures, know-how and/or any other tangible or intangible assets of NDD’s exclusive ownership, there being no transfer of said rights, except in what is strictly necessary for the provision of services, within the express limits of this Contract signed for the use of the solutions, being agreed herein that all are protected by intellectual property rights and/or copyright.
You further acknowledge that our solutions (elements, structure, architecture, and their layout) are the exclusive property of NDD, as well as any others that may be used within the scope of these Terms, being certain that the mentioned solution does not have open-source codes and consequently, any clause that provides for the obligation of NDD to release and/or license said codes, as well as their reproduction and/or disclosure, partial or total, is prohibited.
Any use and/or copy of tangible and/or intangible assets owned exclusively by NDD, described above, for potential integration with other products and/or services, may only be performed with the prior and express written consent of the NDD.
You also must not:
a) change, copy or create derivative works based on the solution;
b) create images or identical copies of any content included in the Software and/or Services;
c) reverse engineer the Software; and/or,
d) access the Services in order to (i) develop a competing Software or service or (ii) copy any ideas, elements, resources, functions and/or graphics of the Software.
NDD reserves the right to discontinue the Services, object of these Terms, in cases where You, provenly:
a) cause damage to NDD’s intellectual property through improper use of the
Software, as well as in cases of illegal reproduction of programs, partially or fully; and
b) change the Software without the express and prior consent of NDD, whether this change is the removal or replacement of sections or routines, or an addition or set of interspersed additions to routines developed, by You or by contracted third parties, for the purpose of tampering and making the original program unrecognizable.
9. CHANGES TO THIS DOCUMENT
Access to these Terms will always be available, both on our website and on the specific access homepage for each solution. You just need to access the address: www.ndd.com.br.
These Terms of Use should always be read and interpreted jointly with the company’s Privacy Policies, available on our website, as they complement each other.
Furthermore, we make You aware that these Terms are constantly evolving and may be changed at any time, without the need of notifying You in advance. Therefore, it is essential that You visit this page from time to time to check for any changes.
To find out if, in fact, there have been any changes since your last reading, just analyze the date of the last version of the document, which is always shown at the end of the last page. If we have changed any of the clauses in these Terms and You do not agree with the changes, you must stop using our solutions immediately.
10. HOW CAN YOU CONTACT US?
We created this contact channel for You precisely so that our service and response are conducted as quickly as possible because You are extremely important to us.
If you have any questions or suggestions regarding the Terms of Use and Privacy Policy provided by NDD, exclusively in relation to your personal data, please contact your Controller (NDD Customer or NDD Partner), responsible for transferring your data to our solutions.
11. APPLICABLE LEGISLATION
All rules, conditions, obligations, as well as all other provisions contained in these Terms of Use and in our Privacy Policy, will be governed by the laws in force in the Federative Republic of Brazil, in particular, the Software Law (Law No. 9,609/1998).
12. ARBITRATION CLAUSE I JURISDICTION FOR DISPUTE SETTLEMENT
We have no interest in generating conflicts or disagreements with You, customer and User of our applications. However, if necessary, any dispute in the interpretation, compliance or execution of this Privacy Policy or other documents related to it, will be resolved by mediation or arbitration, as necessary, under the administration of
COMPOR – Câmara de Negociação, Mediação e Arbitragem do Sul do Brasil, in the form of its Regulations and under the rules of Law No. 9,307/96. The procedure will be conducted by an arbitrator appointed in accordance with the procedure provided for in said Regulation.
Still, if necessary, You are aware of and agree with the election of the jurisdiction of the District of Lages, State of Santa Catarina, in order to resolve any litigation that may potentially occur regarding these Terms of Use, with the exception of complaints submitted by customers that fall within the legal concept of consumers, as they may submit such complaints to the jurisdiction of their residence.
Last update: November 2020.
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