TERM OF USE AND COMMITMENT: this document, its attachments and referencess.
QUALISIGN PORTAL: it is the system made available through the internet, whose electronic address is https://qualisign.com.br or https://qualisign.com.br, including the PERSONALIZED SITES, with all its pages, resources and tools;
PERSONALIZED SITE: it is the QUALISIGN PORTAL customized with the visual identity defined by the client;
QUALISIGN:it is the company QualiSign Informática S.A., responsible for the licensing, operation and administration of the PQUALISIGN PORTAL.
USER(S): Individuals who will use the services offered by the QUALISIGN PORTAL through this Term of Use and Commitment.
Electronic Document: it is any representation of a fact accomplished by means of a computer and stored in a specific format, capable of being translated or apprehended by the senses through an appropriate program (software).
2 General information
2.1 This Term of Use and Commitment aims to inform responsibilities, duties and obligations that every USER assumes when browsing the QUALISIGN PORTAL and/or use the services it offers.
2.2 USERS dshould carefully read the terms below before accessing or using the QUALISIGN PORTAL, because access or use of this service implies an agreement with such terms. QUALISIGN and the other participants in this portal will only provide the USER with information and services by expressly agreeing to the terms, conditions and information contained herein, as well as to the other documents incorporated therein, by reference. The use of the QUALISIGN PORTAL implies full agreement, without reservations or restrictions, with such terms, conditions and information.
2.3 The QUALISIGN PORTAL acts as a software tool so that its USERS can submit, sign, maintain and refer to Electronic Documents, Contracts, Reports and other types of documents and electronic services. Therefore, it does not act as a consultancy service provider or as an intermediary or participant in any business between the USER and its representatives or others with whom it will do business using the products or services created from the QUALISIGN PORTAL.
2.4 A QUALISIGN assumes no responsibility for any consequences that may arise from any relationship between the USER and its representatives or representatives, whether direct or indirect.
2.5 Given that in some types of Electronic Documents, the USER has the power to revise and change its final text, it is up to the user to ensure that the Digital Signature of his Electronic Documents is their own property. QUALISIGN will not be responsible for any fraud or illegal act that may be practiced by the USER through the QUALISIGN PORTAL.
3 QUALISIGN PORTAL's duties
4.1 In order to be able to handle an electronic document, QUALISIGN PORTAL requires the USER to provide Personal Information about themselves, their legal representative(s), attorney(s) or other persons to whom they will authorize access, the USER being responsible, civilly and criminally, for the information and data provided. Registration is free and subject to analysis.
4.2 A QUALISIGN reserves the right to refuse any registration request and to cancel a previously accepted registration, at its sole discretion and without prior notice, with no indemnity or compensation for the cancellation of any registration or the impossibility of registration.
4.3 The USER's registration information and data are not passed on to third parties. The USER's email address will be used for submitting notifications and express communications from the QUALISIGN PORTAL and from QUALISIGN.
4.4 At the QUALISIGN PORTAL, USERS’ privacy is treated as top priority. The QUALISIGN PORTAL is committed to the security and privacy of its USERS. The QUALISIGN PORTAL does not provide USER's Personal Information without their proper authorization, except if such information is necessary to provide the service requested by the USER themselves, or even if the USER's Personal Information is required for legal reasons.
4.5 A QUALISIGN will take all possible measures to maintain the confidentiality and security for the USER's information, however, it does not account for any damage that may result from the disclosure of such information by the aforementioned reason.
5 Use Limitation
5.1 The USER may access, use and print materials from this portal for their personal and/or commercial use. The USER may not copy, distribute, transmit, display, reproduce, modify, publish, license, create a derivative work on, place and/or use on another website, transfer or sell any information, software, USERS lists and other lists, products or services obtained at the QUALISIGN PORTAL, for commercial use. This prohibition expressly includes, but is not limited to, the practice of screen scraping or database scraping to obtain USERS lists or other information for commercial use or not. By way of example, USERS may not
(I) use the products and/or services available at the QUALISIGN PORTAL for purposes other than those for which they are intended;
(II) register with false or proprietary information from third parties;
(III) send or transmit any type of information that is owned by third parties;
(IV) alter, delete or corrupt third party data and information;
(V) violate the privacy of other Users;
(VI) send or transmit files with computer viruses, destructive, invasive content or one that cause permanent or temporary damage to the equipment owned by the recipient and/or of by QUALISIGN PORTAL intended for QUALISIGN PORTAL;
(VII) use bogus documents, computer, network or e-mail addresses;
(VIII) violate the intellectual property (copyright, trademark, patent etc.) of third parties, through any type of material reproduction, without the prior authorization by the owner;
(IX) use, in any way, excerpts or reverse engineering technique in the development or creation of other works in order to analyze their constitution.
5.2 Failure to observe the conditions, terms and observations regarding the use of the QUALISIGN PORTAL will give a notice to the USER, as well as the cancellation or suspension of the registration, temporarily or permanently, without prejudice to the relevant legal arrangements.
6 Intelectual property, Copyright and Trademarks
6.1 All the material owned by the QUALISIGN PORTAL (its presentation and layout, brands, logos, products, systems, service descriptions and other materials), including programs, databases, images, files or materials of any kind and that have their placements on this site contractually authorized is protected by Intellectual Property legislation, being owned by QUALISIGN, its affiliates, suppliers or customers. The reproduction, distribution and transmission of such materials are not permitted without the express written consent of QUALISIGN or the respective holder, especially for commercial or economic purposes.
6.2 The misuse of materials protected by intellectual property (copyright, trademarks, patents, etc.) shown at the QUALISIGN PORTAL it will be characterized as an infraction of the relevant legislation, subjecting the infringer to the appropriate legal actions and giving rise to the respective indemnification to the harmed ones, either to QUALISIGN or to third parties, without prejudice to losses and damages and attorney fees.
7 Technological risks
7.1 All risks arising from the use of the QUALISIGN PORTAL for the creation, maintenance, signature, consulting and distribution of any type of Electronic Documents, are up to the USER. If your use results in the need for services or replacement of USER material, property, equipment or information, QUALISIGN and its affiliates will not be responsible for such costs.
7.2 Although Brazilian law provides that an Electronic Document is worth as much as a paper document and, therefore, no one, including public bodies, is given the right to deny its receipt, QUALISIGN cannot, under any circumstances, be held responsible case any electronic document, signed through the QUALISIGN PORTAL, is not accepted by third parties with whom the USER will transact. In order for this possibility to be minimized, the QUALISIGN PORTAL provides all the means and resources for an electronic document to be checked for validity and integrity at any time, including after its exclusion from the QUALISIGN PORTAL, with the existence or installation of any additional software not being approved, other than those provided by the QUALISIGN PORTAL.
7.3 Although the QUALISIGN PORTAL use the most modern and secure in terms of telecommunications infrastructure, hosting, security, backup and redundancy, required to guarantee the total reliability of the QUALISIGN PORTAL, with guarantee levels above 99.5%, QUALISIGN is unable to guarantee 100% availability of the Portal. In view of this situation, QUALISIGN DISCLAIMS ANY RESPONSIBILITY FOR DAMAGES AND LOSSES OF ANY NATURE WHICH MAY RESULT FROM THE IMPOSSIBILITY OF TEMPORARY USE OF THE QUALISIGN PORTAL.
7.4 Information, software, products, values and services published on this portal may contain typographical errors or inaccuracies. Information changes and adjustments are made periodically.
7.5 In no event will QUALISIGN be liable for any direct, indirect, incidental, special damage or as a consequence of any facts resulting from the use of the QUALISIGN PORTAL or inability to use it, or for any information, products or services obtained through it or as a result of its use.
7.6 Even though the QUALISIGN PORTAL uses the best technologies and commit all your efforts, you cannot guarantee, in advance, the absence of viruses in the contents transmitted, disseminated, stored, received, obtained, made available or accessible by the use of the services, nor the absence of other elements that may produce changes in the USER's computer equipment or Electronic Documents and files stored or transmitted from the USER's computer equipment.
7.7 In view of the provisions of the previous item, QUALISIGN DISCLAIMS ANY RESPONSIBILITY FOR DAMAGES AND LOSSES OF ANY NATURE, WHICH MAY RESULT FROM THE PRESENCE OF VIRUSES OR OTHER HARMFUL ELEMENTS IN THE CONTENT AND THAT MAY RESULT IN THE CHANGES AND/OR DAMAGE TO THE PHYSICAL AND/OR ELECTRONIC SYSTEM OF USER EQUIPMENT.
7.8 The QUALISIGN PORTAL has no obligation to control, and does not control, the content and nature of Electronic Documents, disseminated or made available to third parties by USERS through the services included in the object of this Term of Use and Commitment.
8 Changes in the portal
8.1 A QUALISIGN, your affiliates and your suppliers may make changes to information, services, products and other QUALISIGN PORTAL materials, at any time, without prior notification to the USER and without the possibility of indemnification to any USER.
9.1 A QUALISIGN may modify, alter, replace and/or adjust this term at any time, and these modifications, changes and/or adjustments shall be effective and immediate as soon as they become public. For this purpose, the USER shall review the Term of Use and Commitment periodically, being certain that the access or continuous use of the QUALISIGN PORTAL by the USER is subject to acceptance of the term in force.
10 General Provisions
10.2 Through its effective registration at the QUALISIGN PORTAL, the USER undertakes to respect and comply with all the provisions inserted here, as well as the provisions contained in the legal notices that regulate the use of the Portal and the services made available through the PORTAL QUALISIGN.
10.3 The USER have legal capacity to accept this term and use the services subject to this Term of Use and Commitment;
(II) acknowledge that this Term of Use and Commitment is formalized, binding the parties, through the simple use of the QUALISIGN PORTAL;
(III) who is aware and in full agreement with all the terms and conditions of this Term of Use and Commitment;
(IV) that this Term of Use and Commitment constitutes the full understanding between the USER and QUALISIGN, fully replacing any previously agreed for the same purpose
11.1 This Term of Use and Commitment has an indefinite term and will take effect until all the obligations of the parties are duly fulfilled.
12.1 For more information or to answer questions, contact the QUALISIGN PORTAL through the option named Contact us.
13.1 The jurisdiction of the District of São Paulo, State of São Paulo, is elected as competent to settle any disputes arising from this Term of Use and Commitment, regardless of any other, however privileged it is or may be.
When browsing the QUALISIGN PORTAL or using its products and services, the USER declares to be in agreement with all the clauses and conditions of this Term of Use and Commitment.
Previous version of this document: October 2019
This document was last updated: March 2021