Terms of use

1. Definitions.

1.1 The following definitions shall apply in conjunction with other terms defined in this Instrument.

1.1.1 "User": Parties who use the Solution or have access to the Platform as a result of this legal relationship.

1.1.2 "Content(s)": covers all information relating to the User(s), including, but not limited to, registration, personal and sensitive data of the User(s), provided on the Platform. and sensitive data of the User(s), provided on the Platform, includes also information, content and documents made available by the User(s) or captured by the Solution through monitoring, in addition, it includes manifestations made by the User(s) within the Solution, sent directly to Tistto or disclosed on the internet, as well as any other information, whether public or private, regardless of the private, regardless of the medium used to convey it.

1.1.3 "Personal Data": all information that can identify or is related to an individual. related to an individual, even if it is necessary to combine it with such as name, social security number, address, e-mail address, telephone number, among others.

1.1.4 "Tistto": Tistto is an online service provider that provides an information management and monitoring solution, content and data on brands and companies. The Solution is hosted under the domain: https://tistto.com.br/, owned by TISTTO LTDA, a legal entity governed by private law, registered with the MF under CNPJ no. 55.750.535/0001-71, with headquarters at Avenida Paulista, nº 1.106, sala nº 01, 16º andar, bairro Bela Vista, CEP: 01.310-914, in the city of São Paulo, state of São Paulo.

1.1.5 "Solution" and/or "Platform": System, application or tool that offers the services of: (i) monitoring, capturing and recording of content, information and/or data, in real time, (ii) analysis and (ii) analysis and interpretation to issue reports via an interactive dashboard, as well as dashboard, as well as (iii) assistance in dealing with the removal of content, information and/or data with negative and/or through representation of the User before third parties, This is exclusively managed by Tistto.

2. Introduction.

2.1 The Platform and its content have been developed and are controlled and operated by Tistto, with all rights reserved. The purpose of these Terms is to define the rules to be observed when using the Platform, which offers an advanced technological solution that monitors, captures, records, analyzes and interpretation, in real time, of content, information and other data related to the User's brands and companies, exposing them through detailed reports available on an interactive dashboard, as well as assisting in the removal of such potentially harmful and/or negative content, information or data through potentially harmful and/or negative through the representation of the User before third parties.

2.2 By using the Platform, developed exclusively by Tistto, you automatically agree to the full content of these Terms, and will be held responsible for any and all acts carried out by you on said application. specific. If you do not agree with any of the terms set out herein, you must not use the Platform.

2.3 Tistto reserves the right to suspend or cancel your access to the Platform at any time, access to the Platform at any time in the event of suspected fraud or unlawful advantage, or fraud or unlawful advantage, or for breach of any provision contained in these Terms. any right to indemnification and/or compensation.

3. Updates.

3.1. These Terms may be modified over time, and it is the User's responsibility to responsibility of the User to keep up to date with the changes by accessing the Platform, in which the changes made will be duly conveyed and will imply immediate acceptance of the new conditions to be applied.

3.2 Continued use of the services available on the Platform after any changes to the terms of these Terms shall be deemed for all legal purposes that the User has agreed to the new version.

4. Conditions for using the Platform.

4.1 In order to use the Platform, you declare that you have all the authorizations of the manager and/or legal representative of the legal entity to use the Platform in Platform and, consequently, to accept these Terms. Tistto shall not be liable for falsehood of this declaration, and you shall be liable to indemnify Tistto and third parties for all damages caused.

4.2. Tistto grants the User a non-exclusive, non-transferable, non-sublicensable, limited and revocable right to non-exclusive, non-transferable, non-sublicensable, limited and revocable right to access and use the Solution, subject to compliance with the rules set out in these Terms, subject to the applicable commercial limitations.

4.3 In order to use the Platform, the User will access the Platform through their previously registered credentials and will then have at their disposal a panel with all the information on the monitoring that is being carried out the User's brands and companies that are integrated into the Solution, based on the criteria chosen. Solution, based on the criteria chosen for action.

4.3.1 The User shall be solely responsible for the safekeeping, confidentiality and use of their credentials for accessing the Platform. Any access or activity carried out on the Platform using these credentials will be presumed to have been carried out by the User him/herself, and he/she shall be solely sole responsibility for any damage or loss arising from the misuse or misuse or the sharing of credentials with third parties.

4.4 If necessary, the User may request assistance in drawing up and extrajudicial notices for the removal of content related to the User's brands and/or companies. to the User's brands and/or companies. Such assistance will be provided exclusively at the express written request of the User, containing a detailed description of the content to be notified, and detailed description of the content to be notified, the recipient and the reasons for the request. The Platform will not be responsible for analyzing the merits of the notification, the receipt or the results arising from its sending.

4.5. Tistto reserves the right, at its sole and exclusive discretion and at any time, to time, to make changes or remove features, as well as to add new new tools to the use of the Solution without any prior notice to the User. User without any compensation being due.

5. Restrictions on use of the Platform.

5.1. The User agrees, when using the Solution, not to carry out any activity, engage in any conduct or transmit any information which, in our sole discretion our sole discretion:

5.1.1. is illegal or violates federal, state or local laws or regulations; or or municipal laws or regulations;

5.1.2. infringes the rights of third parties, including, but not limited to, the right to privacy, right of publicity, copyright, trademark, patent, trade secret or other proprietary or intellectual property rights rights;

5.1.3 Try to impersonate another person or entity;

5.1.4. interfere with, interrupt, disable, overload or destroy the functionality of the Solution, or the servers or websites connected to the network of the site or service described in these Terms.

5.1.5. decompile, reverse engineer, disassemble or otherwise attempt to otherwise attempt to derive source code from the site, unless expressly authorized express authorization in these Terms or by law and only to the extent permitted by applicable law, without consent;

5.1.6. Remove, bypass, disable, damage or otherwise interfere interfere with security-related functions, or features that apply limitations to the use of the Solution;

5.1.7. use automated or manual means to violate the restrictions in robot exclusion headers in the Solution, if any, or bypass or circumvent other measures employed to prevent or limit access, for example, through practices such as "screen capture", "database capture" or any other database" or any other activity with the purpose of obtaining User(s) lists or other information;

5.1.8. Modify, copy, scrape or crawl, display, distribute, publish, license, sell, rent, lease, loan, transfer, or otherwise commercialize any materials or content of the Solution;

5.1.9. develops or operates products or services with a view to offering them to third parties in competition with the Tistto Solution or that allows access to a direct competitor of Tistto.

5.2 You acknowledge and agree that Tistto does not verify, adopt, ratify or sanction the Content(s) linked to the User, which is why the User User agrees that he/she must evaluate and assume all risks associated with use of such Content(s) or your reliance on the accuracy, completeness or usefulness of such Content(s), together with the legal representative and/or manager of manager, where applicable.

6. Data required to use the Platform.

6.1 In order for the User to be able to access the Platform, it will be necessary to provide data relating to the legal entity, such as company name, CNPJ, full address, corporate e-mail, social networks of brands and geographical location of the company. And for the use of real-time monitoring, capture, recording, analysis and interpretation of content, information and other data related to the brands and companies of the User's brands and companies, Tistto will collect public data available on the entire world wide web. internet, which will be stored for the duration of the contractual relationship.

6.2 The User acknowledges that he/she is solely responsible for all the information provided in order to access the Platform and use the Solution, as well as that the information is true and does not violate any applicable laws and regulations. applicable laws and regulations.

7. Data Protection.

7.1 In compliance with the rules established by the General Data Protection Law ("Law n. 13.709/18" and/or "LGPD"), if applicable, Tistto will collect Personal Data that is that are manifestly public, i.e. those that have been made publicly available by the data subject. Even if the data is manifestly public, Tistto may process this Personal Data for the sole purpose of providing monitoring services, capturing, recording, analyzing and interpretation, in real time, of content, information and other data related to the User's brands and companies, under the exact terms of these Terms, observing and adhering to the specific principles and guidelines of the LGPD.

Consent - LGPD.

7.2 In the event that the User contracts the Tistto Solution and uses it to obtain information about you as a natural person, you are aware and agree that all information captured is public or manifestly public, and Tistto does not act as a Tistto does not act as a moderator of the Content(s) linked to the User's name, person, nor does it have the power or capacity to, in any way, carry out generative, profiling or behavioral activities.

Specific and detached consent.

7.3 In this context, the User, an individual, freely consents, specific, informed, detached and without any doubt, under the terms of article 8, §1º of the General Data Protection Law, that any processing of his/her Personal Data by Tistto may be processed in accordance with the Platform's guidelines, and it is certain that the User, a natural person, is the one who will decide the parameters to be used by Tistto to achieve its objectives with the Solution.

8. Remuneration.

8.1. The User shall make payment to Tistto, in accordance with the commercial conditions formalized in writing between the Parties, for the perfect, execution of the Solution.

8.2 The amounts established under the terms of the above Clause may be readjusted at Tistto's sole discretion, provided that the User is notified at least 30 (thirty) days in advance. at least 30 (thirty) days in advance.

8.2.1 The Parties shall be bound by the new commercial conditions, The IPCA or IGP-M index shall apply concurrently for monetary correction purposes, whichever is greater. IPCA or IGP-M, whichever is greater.

8.2.2 If the User does not accept the new commercial conditions, Tistto reserves the right to suspend the Solution.

8.3 In the event of any amounts being overdue, this shall be deemed to be the entire amount set out in Clause 8.1., subjecting the User to full payment, regardless of any judicial and/or extrajudicial judicial and/or extrajudicial interpellations, with interest of 1% (one) percent per month, calculated pro rata. per month, calculated pro rata die and the positive variation of the IPCA or IGP-M, whichever is greater, until the whichever is greater, until the date of actual payment.

8.3.1 In the event of extrajudicial and/or judicial recovery, there will be reimbursement of all procedural costs and expenses together with with the application of attorneys' fees agreed at 20% (twenty percent) of the percent) of the updated value of the debt, if it is necessary to file a lawsuit and judicial collection and 10% (ten percent), if it is necessary to attempt to extrajudicial collection.

8.4 No refund will be due for payments actually made by the User. by the User, except in the event of a right of repentance, which must be requested within 07 (seven) days. requested within 07 (seven) days.

8.5 The commercial conditions set out in Clause 8.1 shall be due and payable in full due and payable in full, regardless of how the Solution is used. Solution, since Tistto is available and ready to assist you at any time. at any time.

9. Intellectual property.

9.1 The User acknowledges and agrees that all resources and technological tools, as well as all media, text, software, graphics, User interface, trademark, system layout, interactive features present in the domain Tistto domain and its subpages are the property of Tistto, protected by copyright laws, international treaty provisions and international copyright laws, international treaty provisions and other laws dealing with intellectual property.

9.2 The User undertakes to refrain from using the Tistto logo logo and/or any other feature that identifies Tistto for election marketing purposes, including, but not limited to the dissemination of content, messages or materials without the prior express written authorization of Tistto. authorization from Tistto.

9.2.1 Any unauthorized use for such purposes will be considered a serious breach of these Terms, subjecting the User to the sanctions provided for in the applicable legislation and to the immediate termination of termination of these Terms, without prejudice to liability for any damages caused to Tistto or third parties.

9.3 By accessing the Solution, the User acknowledges that he/she may not use, copy, reproduce, distribute, transmit, disseminate, display, sell, license or otherwise commercialize the resources and tools made available by Tistto.

9.4 The User agrees that Tistto may use his/her name, logo or logo for the purposes of integrating client portfolios available on the Tistto website and in advertising materials. website and in advertising materials.

9.5 The User acknowledges and agrees to the use of his/her evaluations and testimonials on the Platform for the purposes of publishing and promoting the Solution on its website, without, however, having transferred ownership of the content.

10. Notices of guarantee exemptions.

10.1 The Tistto Platform is provided on an "as is" and "as available" basis. available. Tistto does not guarantee that the services:

10.1.1 They shall be fully operational, error-free, protected or secure;

10.1.2. they will operate without interruptions, delays or imperfections;

10.1.3 They will be corrected immediately in the event of errors or defects;

10.2 The User acknowledges and agrees that the opinions, analyses or ratings (positive or negative) generated by the Solution on news, content or information are merely automated in nature and are based on algorithms and criteria pre-defined by the User him/herself.

10.2.1 The User also acknowledges and agrees that the Solution is trained and adjusted on the basis of information provided by the User him/herself, including data User, including the data, preferences, criteria and profiles profiles, in order to improve its ability to identify content and classify information as false or true.

10.2.2 Tistto does not guarantee the complete veracity, accuracy or exemption of the opinions provided by the Solution and is therefore not not be liable for any failures, misinterpretations or damages arising from the use of these opinions by the User or third parties. third parties.

10.2.3 The User is solely responsible for verifying the reliability and suitability of the Content(s) before using them as a basis for any decision or action. before using them as a basis for any decision or action, exempting Tistto from any any liability for damages, direct or indirect, related to the use of this information.

10.3 The User releases Tistto, including all its directors, directors, employees, partners, affiliates, subsidiaries and licensors from all claims, demands, conditions of action, controversies, disputes or indemnification, known or unknown, relating to, arising out of or in any way connected with claims you have against third parties.

11. Limitation of liability and indemnification.

11.1 Tistto is not responsible under any circumstances for:

11.1.1. any damages of any kind, whether direct or indirect, regardless of cause any cause whatsoever, including breach of contract or warranty, negligence or breach of contract or warranty, negligence or other tortious act; or arising out of any any other claim arising out of or in connection with the use of or access to the User's User makes on the Tistto Platform;

11.1.1.1 In the extremely unlikely event that Tistto is obliged to to indemnify third parties and/or the User for any reason whatsoever, it is expressly agreed between the Parties that, regardless of the reason, such indemnification shall be limited to 03 (three) months of access access to the Platform, using as a reference the amount agreed between the Parties the Parties;

11.1.2. errors, mistakes, inaccuracies or fraud relating to the User Content(s);

11.1.3. any unauthorized access to or use of the Platform and/or any Personal Data and/or other confidential data stored;

11.1.4. any interruptions and/or cessation of the Solution or the Website, due to technical reasons or internet failures, or any other other fortuitous event or force majeure beyond the control of the administrators of the Solution;

11.1.5. errors or malfunctions in the device used to access to the Tistto Platform, viruses or any other malware that transmitted to or via the Solution or website through the actions of third parties. the actions of third parties;

11.1.6. Any errors or omissions in any content, information and documents, or any loss or damage of any kind whatsoever arising from the use of any content, information and documents, entered into the Platform, sent by e-mail, transmitted or otherwise made available in any other way through the Tistto Solution and the website.

11.2 The User shall indemnify Tistto, as well as its directors, collaborators, partners, affiliates, subsidiaries and licensors for any claim, loss or damage, including court costs and reasonable attorneys' fees, arising out of or in fees, arising out of or in any way connected with:

11.2.1. the Content(s) provided by you;

11.2.2. the use of the Tistto Platform;

11.2.3. any false statement made by the User;

11.2.4. infringement by you of the intellectual property rights or other rights of any person or entity; and/or

11.2.5. breach of these Terms.

11.3 You are solely responsible for (i) equipping yourself and taking responsibility for the hardware devices necessary for access to the Solution; (ii) keeping the environment of its (ii) keep the environment of their devices secure, using information security tools; (iii) use up-to-date operating systems; and (iv) protect and keep confidential their access credentials, which are personal and non-transferable.

12. Non-affectation.

12.1 In the event that any item, clause, expression, term or provision of these Terms is held to be void or unenforceable, the effect shall not extend to and shall not affect any other provisions contained herein and shall remain in full force and effect.

13. Dispute resolution.

13.1 Most conflicts can be resolved without the need for legal action. You agree and undertake to endeavor to resolve conflicts and disputes that may arise in connection with your account, user or access to the Tistto Platform, by sending us a brief report of what happened and your contact information to the e-mail address contato@tistto.com.br. This rule does not apply to conflicts disputes involving intellectual property.

13.2 For the resolution of disputes arising from this Instrument, which have been the object of unsuccessful unsuccessful amicable resolution, the parties elect the Central Court of the District of São Paulo, State of São Paulo, as competent Paulo, state of São Paulo, as competent, to the exclusion of any other, however privileged. privileged.