This site www.coletum.com ("SITE") and the application, which name is "Coletum" ("APPLICATION"), collectively referred to as "COLETUM", are owned, maintained and operated by GEOSAPIENS TECNOLOGIA E INFORMAÇÃO LTDA., registered with CNPJ under nº. 09.006.473 / 0001-70, with its registered office at Laguna Street, nº 242, Room nº 702, Itajaí - SC, Brazil ("GEOSAPIENS").
This document establishes the Terms and Conditions of Use ("TERMS") of COLETUM, being signed between GEOSAPIENS and the people who use its services ("USERS" or "CUSTOMERS").
For the sake of clarity, the following nomenclatures are considered for this document:
Android: Operating system that operates on mobile phones (smartphones), netbooks and tablets. It is developed by an alliance between several companies, among them Google.
Backup: Safety copy.
Chat online: Exchange of instant messages in a window available on the website/application.
Cookies: Small text files that are stored on the user's computer that can be retrieved by the platform that sent them during navigation. They are mainly used to identify and store information about visitors.
Download: File transfer from a certain server to the User's computer.
Encrypt: Convert computer data with a special code, making it incomprehensible to those who do not have access to this code.
Form: Resource for data collection and storage, used for the systematization of information. Through this resource, it is possible to conduct research and promote questionnaires.
Public Form: COLETUM’s function that allows sharing of forms with the public through a link. In this case, it is not necessary for the person answering the form to be a User and have a COLETUM account.
iOS: Apple's operating system, developed for iPhone, iPod touch and iPad.
IP: Means "Internet Protocol". It is a number that identifies a device (computer, printer, smartphone) in a network.
Link: Link between documents on the Internet. A click on a link will automatically lead the user to the "linked" document.
Login: It is the process that allows access to a computer system, controlled by means of identification and authentication of the user by the credentials provided by this same web surfer.
Off-line: It is commonly used to designate that a user of the internet or another computer network is not connected to the network.
Online: It is commonly used to designate that a user of the internet or another computer network is connected to the network.
Pop-up: A window that opens during Internet browsing when accessing a page or redirects link. Typically, this new window displays prominent site/application information.
Respondent: A person who responds and/or fills out COLETUM forms.
This document was drafted and made available on 03/08/2018.
2.1. COLETUM is an online platform that enables the creation of forms by Users, with the purpose of collecting, organizing and storing data. The site is accessed via browser and the application is available for iOS and Android in virtual stores.
2.2. The services of COLETUM have the following main characteristics:
(i) Enables Users to create custom forms, using a variety of different fields, including geographic location.
(ii) Allows the completion and responses to forms by browser or application.
(iii) The application enables the collection of data in offline mode and allows the User to send the information to the online server later when it is connected to the Internet.
(iv) It offers the option to share Form configured as Public through a link, without the respondent being necessarily a User and having an account with COLETUM.
(v) Provides the creation of a team to access the forms, as well as management of access level of the team.
(vi) Allows the collection of the geographic location from where the form was created. This function is dependent on the User's permission for COLETUM to have access to its location.
(vii) It has map functionality to display the location from which the form was filled and responses where was it made.
(viii) Provides the creation of different types of graphs directly by the site.
(ix) Provides field for Denunciation in the Public Forms so that any respondent can manifest anonymously on the content of the form.
(x) Allows you to download complete form fill data in various formats.
2.3. The forms are prepared freely and exclusively by the Users. COLETUM is only an intermediary, which provides the platforms for Users to create content, not having any interference or responsibility regarding the information, objectives, and requests contained in these questionnaires.
2.4. Likewise, respondents are free to fill in the forms according to their will, opinion, and convenience, so that COLETUM will not be held liable in any way for the fills provided by Users and the public that have access to the platforms.
3. USER REGISTRATION
3.1. For Clients to use the services, including forms creation, team management, visualization, editing and deletion of fills, it is necessary to register on the platform, becoming a User.
3.2. During the registration, the Customer will determine his username and password of access, being his sole responsibility to maintain the confidentiality of this information. COLETUM is not responsible for the actions and damages that may be caused by irregular access by third parties.
3.3. The data requested by COLETUM are: User name, account name (name to identify the account), email (used as a login) and password.
3.4. The information contained in the registry is the responsibility of the Users, in case the imprecision, incompleteness or absence of the data cause damage of any kind, the User will be responsible for the repair, as well as, subject to other legal penalties.
3.5. The platform may be used without registration, in the cases in which the User creates a Public Form and shares it through a link. With this, anyone who accesses the link can fill out the form anonymously.
3.6. Each account will have only 1 (one) owner User.
3.6.1. Each account can have multiple users as profiles members of the same team.
3.6.2. The Owner or Administrator User can add other Users to their account and assign them as Administrator or Contributor to the account, depending on the permissions they wish to give to each one. For inclusion, the Owner or Administrator must provide the following information: name, e-mail, and password of the person to be inserted in the team.
4.1. COLETUM offers free and paid plans for use of the services, whose values, terms and conditions are variable according to the User's choice and are expressly linked to the proposals in the site or application.
4.2. For the User who wishes to sign a paid plan, there is two (2) payment options:
4.2.1. By credit card via PayPal: Payment is made through a specific window on the PayPal website, that is, the User is directed and enters the payment information (full name, credit card data, address) directly into the system PayPal.
COLETUM does not have access to Users' credit card data and does not store them, having only indirect access to account information (name, e-mail, address, and CPF).
4.2.2. By bank slip: This option is not offered in the site/application, it is only offered to the Users who request it directly. For the issuance of the bank slip and invoice are requested: full name/corporate name, CPF/CNPJ, address, e-mail and telephone number.
5. OBLIGATIONS OF THE PARTIES
5.1. COLETUM obligations:
5.1.1. Perform the services as stipulated in these Terms, appreciate the proper functioning of the site/application and provide access to support services to clarify doubts.
5.2. User Obligations:
5.2.1. Use the platform with proven purposes, praising the truthfulness and clarity of the information disclosed, as well as for the safety of other Users and COLETUM.
5.2.2. Act in a lawful manner, respecting legal and moral precepts, especially the right to privacy and confidentiality of other Users and third parties.
5.2.3. Be solely responsible for the content of the information and documents you enter in the site/application.
5.2.4. Respect and comply with the provisions of this instrument.
6. PROHIBITIONS AND PENALTIES
6.1. Users may not:
6.1.1. Use the platforms to engage in illegal actions, harm rights of COLETUM, other Users and third parties or act in any way or means that may contribute to such violation.
6.1.2. Attempt to obtain confidential forms from other Users or third parties, such as emails, passwords, bank details and credit card data.
6.1.3. Perform acts that limit or prevent the use of the site/application or illicitly access the COLETUM platforms.
6.1.4. To disseminate messages not related to the site/application or its purposes, including messages with inappropriate content, libelous, slanderous, defamatory and discriminatory.
6.1.5. Insert data that is false, outdated or incomplete.
6.2. Although it is only an intermediary, COLETUM does its best to raise awareness and avoid illegal conduct on the platforms. One of the major concerns is respect for data confidentiality and confidentiality. That is why:
6.2.1. A "Denunciation" button is provided on the Public Forms so that respondents can report any irregularities to COLETUM.
6.2.2. In the pages of the forms, there is an express message, directed to the respondents so that they do not provide passwords or sensitive data in their answers.
6.3. At the sign of any breach of conduct (including, but not limited to, Section 6.2.3), either through direct knowledge of COLETUM or through Complaints, support will access the account and verify the form in question.
6.4. COLETUM will analyze the form and, in its sole discretion, evaluate whether it is being used for doubtful purposes or if it may cause harm to other Users, third parties or COLETUM itself, directly or indirectly.
7. CONDITIONS AND LIMITATIONS OF LIABILITY
7.1. The User declares that he/she is aware and acknowledges by accepting these Terms that COLETUM only provides the form creation and management service and does not have any responsibility for the contents generated on the platforms, for questions asked, for filling in by the respondents and for the destination responses and information received.
7.2. The User or respondent who has his or her offended rights shall take all the measures that they deem fit directly against the offender and never the COLETUM.
7.2.1. With respect to COLETUM, the User or respondent may only report the fact, through a Report, which will be analyzed and solved by COLETUM.
7.3. In addition, the User agrees to fully assume its actions and reimburse COLETUM for any expenses, losses, and damages that may be incurred because of the Client's performance, within a maximum period of 10 (ten) days after notification.
7.4. COLETUM is not responsible for damages that the User may have due to:
7.4.1. Unavailability of the site/application;
7.4.2. Third-party actions, server failures, network connection, malicious interactions such as viruses and unavailability in the operating environment;
7.4.3. Misuse of the site/application in disregard of these Terms, with the law, with the customs or the public order;
8. INTELLECTUAL PROPERTY
8.1. Ownership and rights relating to the site/application belong exclusively to COLETUM. Access to the platforms and regular use by the User does not confer any prerogative.
8.2. All intellectual property of the platform, including trademarks, programs, databases, files, texts, drawings, photos, layouts, headers and other elements, was created, developed or assigned to COLETUM and is, therefore, the exclusive property of COLETUM or he is licensed and protected by Brazilian laws and international treaties dealing with intellectual property rights.
8.3. The User is not authorized to use, in any form or pretext, the trademarks, their variations, domains and signs that are of COLETUM or are exposed in the site/ application.
8.4. The following are prohibited: exploitation, assignment, imitation, copying, plagiarism, reverse engineering, storage, alteration, modification of characteristics, extension, licensing, sale, rental, donation, transfer, reproduction, app.
8.5. The User who violates the prohibitions contained in the intellectual property legislation and in these Terms, shall be liable, civilly and criminally, in addition to being penalized on the platforms.
9. GENERAL PROVISIONS
9.1. Despite COLETUM's best efforts to provide secure access to Users due to technical difficulties, internet applications or transmission problems, inaccurate or incomplete copies of the information contained in the site/application may occur.
9.1.1. COLETUM shall not be liable for any application, virus, harmful, invasive file or programs that may impair the use of the computer, cell phone or other good of Users due to access to the site/application or also to download any material contained therein, being recommended the installation of antivirus or adequate protectors.
9.2. The site/application, its features and tools are made available by COLETUM, as posted on the Internet, without any warranty, expressed or implied, regarding the following items:
9.2.1. Attendance by the site/application of the expectations of the Users.
9.2.2. Continuity of access to the site/application.
9.2.3. Adequacy of site/application quality for a purpose.
9.2.4. Correction of defects, errors or failures in the site/application.
9.3. COLETUM reserves the right to unilaterally modify, at any time and without prior notice, the site/application, as well as the configuration, presentation, design, functionalities, tools or any other elements of the platforms, including their cancellation.
10. PERSONAL INFORMATION, PRIVACY AND SECURITY
All the legal documentation of the platforms was elaborated in Portuguese language. COLETUM may, in its sole discretion, provide translations of such documents on the site/application only for the convenience of the User. However, in case of contradiction or divergence between the Portuguese version and that of any other language, the Portuguese version will always prevail.
13. TERM AND DURATION
13.1. The present contractual relationship between COLETUM and the User shall enter into force on the date of its "Acceptance" by the User and shall remain in force for the term desired by the parties.
14. PUBLIC REGISTRATION
These Terms and Conditions of Use, as well as the Privacy Policies, are registered in the Registry of Deeds and Documents of the District of Itajaí of the State of Santa Catarina, Brazil. Any updates to these Terms, as well as any of the Policies, will be immediately recorded in the same registry.
15. APPLICABLE LAW AND ELECTION FORUM
15.1. The site and the application are controlled, operated and administered in the city of Itajaí, state of Santa Catarina, Brazil and can be accessed by any device connected to the Internet, regardless of its geographical location.
15.3. The parties agree that the Forum of the city of Itajaí, state of Santa Catarina, Brazil, will be the only one competent to resolve any question or controversy arising from the use of the site/application, expressly renouncing any other, however privileged it may be.
16.1. COLETUM provides service channels to receive all the communications that the User wishes to do:
16.1.1. By telephone +55 (47) 3344-0188 from Monday to Friday from 09:00 to 17:30 (BRT Timezone).
16.1.2. By correspondence addressed to 242, Laguna Street, Room 702, Bairro Fazenda, Itajaí - SC, ZIP CODE 88,301-460, Brazil.
16.1.3. By e-mail, to the electronic address email@example.com.
16.1.4. By chat on the platforms, which allows the User to send a message, even if there is no attendant available – who will return later.
16.2. All requests must always be accompanied by the consumer's contact information, so that the service can be performed.