TERMS AND CONDITIONS OF USE 2016
ARTIFICIAL INTELLIGENCE ENGINEERS DESENVOLVIMENTO DE SOFTWARE LTDA., private limited company, registered in CNPJ under the n.º 10.477.642/0001-30, based in the city of Porto Alegre - RS, on Vieira de Castro Street, n.º 262, office 206, Farroupilha District, CEP 90.040-320, hereinafter called SENTIMONITOR; and the person registered with an online account on the site www.sentimonitor.com, hereinafter called USER:
The parties solve, by agreement, to execute the present Particular Instrument of Service Agreement, which will be ruled by the following terms and conditions:
Clause 1st – On Definitions
1.1 The following definitions are applied to the following terms and words when used in the agreement.
1.1.1 “System” represents the set of hardware and software necessary to enable the services subject of this contract;
1.1.2 “User” represents a individual identified by a username and a password to access SENTIMONITOR;
1.1.3 “Password” represents the individual code created by each user for access to SENTIMONITOR;
1.1.4 “Content” represents the informations acquired in the searchs produced by the Users;
1.1.5 “Login” represents the access to SENTIMONITOR upon user identification and corresponding individual password insertion;
1.1.6 “Fan Page” represents the electronic standard page provided by Facebook, also known as “Facebook Page”;
1.1.7 “Fans” represent the number of followers of a Fan Page: a user of Facebook becomes a “Fan” of a Fan Page when he “likes” (according to Facebook terms) it.
1.1.8 “Search” represents the monitoring produced by SENTIMONITOR according to key-words (or terms) and research sources indicated by the user;
1.1.9 “Mentions” represent a post or coment that contains a key-word specified by the user or even a post or comentary in a Fan Page, Forum or Communiity stated by the use.
1.1.10 “Registered Users” represent the number of authorized users in the hired plan.
1.1.11 “Sentiment Analysis” refers to the act of assigning by human or computer means, polarity to the collected messages. The messages can be classificated as positive, neutral or negative.
Clause 2nd - On the Object
2.1 SENTIMONITOR is a company which provides social media monitoring technology services, and by this agreement and in the best form of right, voluntarily and freely proposes to provide to the USER TEMPORARY SOFWARE USE LICENSE for social media monitoring services including:
2.1.1 Collection and process 24/7 of posts on social media networks using the software SENTIMONITOR up to 500 collected mentions, using up to 10 search keywords, for 7 consecutive days, the key-words can be modified by the client.
2.1.1 The TEMPORARY SOFTWARE USE LICENSE will be revoked and the USER access automatically interrupted after 7 consecutive days, unless the USER hire an access plan to the software SENTIMONITOR.
Clause 3rd – On License of Use and Conditions for Providing Services
Clause 4th – On Obligations and Responsibilities of the Parties
4.1 The USER must:
4.1.2 Inform to Sentimonitor any alteration of informations mentioned in the Preamble of this agreement, including eventual electronic address modifications, under penalty of not doing so, being considered valid all notifications and notices sent to the addresses initially informed and present in this agreement;
4.1.3 Abstain from enabling access to SENTIMONITOR, by providing the necessary informations (User and Password) for login, to people that did not obtain the License of Use.
4.1.4 Not use informations or materials obtained as a result of researchs produced through SENTIMONITOR for the practice of illicit conduct, under penalty of immediate suspension and/or termination of the hire service provision, regardless of notice or notification;
4.1.5 Cooperate with the technical support team of SENTIMONITOR in the resolution of listed demands by the USER’s team:
188.8.131.52 Providing the informations requested by the support team of SENTIMONITOR in time, on the specified format by SENTIMONITOR, in order to enable the resolution of the USER demands sent to the support team of SENTIMONITOR.
184.108.40.206 Providing feedback to SENTIMONITOR about the operation of the support team in resolving listed issues and supports.
4.1.6 Comply in all respects with all supported platform Terms of Service and Privacy Policies, such as:
- the Facebook Terms of Service, available at https://www.facebook.com/terms;
- the Instagram Terms of Service, available at https://help.instagram.com/478745558852511;
- the Twitter Terms of Service, available at https://twitter.com/tos;
- the YouTube Terms of Service, available at https://www.youtube.com/t/terms;
- Google's privacy policies, available at https://policies.google.com/privacy;
- any terms of service and privacy policies of websites and social networks that you manage or access through SENTIMONITOR.
4.1.7 Without prejudice to the obligations listed above, answer for other specific and determined obligations that, by agreement, have been assigned in this contractual instrument.
4.2 SENTIMONITOR does not answer for the guarantee of operation of the MONITORING SOFTWARE due to the incompatibility with Systems used by the users and/or issues related to access to the internet, even though such circumstances appear as a obstacle to the usage of SENTIMONITOR.
Clause 5th – On Communication Between the Parties
5.1 The contact and/or simple communications between the parties hereby contractors, for everything that is due to this agreement, will be made by electronic mail, accepted means by both parties as proper means for this matter.
5.2 For everything that is related to the technical support requests, complaints and any other subject matter that depends on proff, record or documentation, the only proper means for any of these purposes will be written communication, being admitted the utilization of electronic mail.
5.3 The mailing address for contact of each one of the parties will be the one which is present in the Preamble of this agreement for contractual and financial matters, and the mailing address present in 3.3 for technical support (firstname.lastname@example.org).
Clause 6th – On Property Rights
6.1 The title and property of SENTIMONITOR will remain exclusive to ARTIFICIAL INTELLIGENCE ENGINEERS DESENVOLVIMENTO DE SOFTWARE LTDA, which holds all intellectual property rights on the software.
6.2 All trademarks, business names, logos, copyrights and other designations used by SENTIMONITOR in connection with SENTIMONITOR are and will remain exclusive property of ARTIFICIAL INTELLIGENCE ENGINEERS DESENVOLVIMENTO DE SOFTWARE LTDA.
Clause 7th - On Relations Between the Parties
7.1 Under no circumstances SENTIMONITOR will be held responsible for any prejudice or responsibilites resulting from the USER conduct, whom will assume every and any responsibilities, being that, in this case, eventual legal demands brought by a third party against SENTIMONITOR will be assumed entirely by the USER, whom will be held responsible for the compensation of any amounts the that other will pay, either from a court ruling or agreement.
7.2 The USER will be the one and only responsible for the searches produced through SENTIMONITOR, and by its results, declaring himself aware that the information and the content collected by SENTIMONITOR are a result of the conduct of a third party, in a way that SENTIMONITOR is exempt of any responsibilities related to the results offered by the software SENTIMONITOR.
Clause 8th - On the Territorial Reach of This Agreement
8.1 This agreement is valid throughout the entire country and abroad, both rights and obligations are valid for the entire República Federativa do Brasil and other countries.
Clause 9th - On Termination
9.1 Is hereby agreed that the revocation of access or the results of the software SENTIMONITOR by any reason and at anytime does not creates right to any fine or compensation.
9.2 The present license of use can be revoked and terminated, immediately, by SENTIMONITOR if found the use of fake or incorrect informations, or the usage of SENTIMONITOR by non-licensed people, through the User and Password created for the License of Use concede to the USER.
9.3 The temporary license of use for trials, will be automatically revoked after the trial period specified in Clause 2.
Clause 10th - On General Conditions
10.1 The non-exercise of any of the rights or prerogatives specified in this agreement, or even in the applicable legislation, will be understood as an act of mere liberality, not constituting modification or novation of the obligations established, which execution, can be demanded at any moment, independently of anticipated communication
10.2 On the hipotesis that any term or disposition in this contract could be declared null or not aplicable, such annulment or unenforceability, will not affect the rest of the agreement, which will remain in full effect, as if such dispositions had never been incorporated, to the extent that it is possible to maintain the financial economic balance of this relation.
Clause 11st - Court
11.1 The parties elect the forum of Porto Alegre, RS, to solve any doubts or questions originated from this contract, expressly renouncing any other, however privileged.
Adhere the USER the present adhesion contract by filling the form “Create your account in the Sentimonitor” with the user data and clicking on “Create an account” button.
262, Vieira de Castro Street | Office 206 | CEP 90.040-320
Farroupilha District | Porto Alegre, RS – Brasil | +55 (51) 3029-5192