TERMS OF SERVICE



Klug Home Solutions Tecnologia Ltda., And its subsidiaries (collectively, “Klug”) provide (1) the Klug website located at www.klughomesolutions.com, and all associated sites linked to Klug, including the Klug user account site (“Web Apps”), (3) software that can be downloaded to your smartphone or tablet to access services (“Mobile Apps”), and (4) ) subscription services, including services that can be accessed using web applications and mobile applications (“subscription services”), all for use in conjunction with third party hardware (“hardware”) and in other ways that Klug offers. The term “services” means sites, Web applications, mobile applications, and subscription services.



These terms of service (“terms” or “agreement”) govern your access to and use of the Klug services (“Klug Solutions”). Please read these terms carefully. They elect the competent forum to resolve disputes. Follow the instructions in the dispute resolution section below if you wish to opt out of this provision. The term “you” as used in these terms means any person or entity accessing or using Klug Solutions and any person or entity that creates an account and accepts such terms.


These terms are a legal agreement. By accepting these terms through a website, web application, mobile application, or accessing and using the services (including the websites), you are accepting and agreeing to these terms on behalf of yourself or the entity you represent. You represent and warrant that you have the right, authority and ability to accept and agree to these terms on behalf of yourself or the entity you represent. You represent that you are of sufficient legal age in your jurisdiction or residence to use or access the services and products and to enter into this agreement. If you do not agree to any of the provisions of these terms, you must disconnect your products from your account and immediately cease access to or use of the Klug Solutions.



As described below, you are consenting to the automatic updating of Klug Solutions software connected to the services. If you do not agree, you should not use the Klug Solutions.



1. Overview, eligibility, customer service, term and termination:



a. Overview and relation to other agreements. These terms govern your use of products of Klug Solutions. Certain features of the services may be subject to additional guidelines, terms or rules, which will be published in the services in connection with such features. Any additional guidelines, terms or rules and the site privacy policy (“site privacy policy”) and the privacy statement (“privacy statement”) are incorporated by reference in these terms and you agree to accept and respect them, using Klug Solutions.



b. Eligibility. (I) may only use Klug Solutions if you have the legal capacity to enter into a binding agreement with Klug (except for exceptions described in this term), you accept these terms through a website, web application or mobile application, or by accessing or using the Klug Solutions, and only if you comply with these terms and all applicable local, state, national and international laws, rules and regulations. Only individuals over the age of 18 are authorized to act as owners of Klug accounts. (II) if you are an authorized user, under 18, you represent and warrant that you are of legal legal age to use these services, and that you will only use Klug Solutions under the supervision of a parent or legal guardian who agrees to be bound by these terms on your behalf. Any use or access to Klug Solutions by individuals under the equivalent minimum age in the jurisdiction where you reside is strictly prohibited and is in violation of these terms. The services are not available to any users previously prohibited from using Klug Solutions.



c. Customer service. If you have any questions or concerns regarding Klug Solutions or these terms, please contact Klug. You understand and agree that customer service and any customer service and support offered and provided by Klug is not an emergency service or dispatch center, provider, shipping service or a life-saving solution for people at risk in your home . Please do not contact customer service or any customer support and support offered by Klug with any life / safety emergency, medical emergency, or any other emergency. If you have any emergency, you should immediately contact the police, firefighters or appropriate emergency response service at your place of residence.
d. Term and closure. These terms will remain in full force and effect provided that you continue to access or use the Klug Solutions, or even terminate in accordance with the provisions of these terms. At any time, Klug may (i) suspend or terminate your rights to access or use the services, or (ii) terminate these terms in relation to you if Klug in good faith believes that you have used Klug Solutions in violation of these terms.



e. Effect of cessation. Upon termination of these terms, your account and your right to use the services will be automatically terminated.






2. Accounts



a. Your account. To use certain Klug Solutions, you must register a user account (“account”) and provide certain information about yourself, as requested by the applicable registration form. You represent and warrant that: (a) all necessary Registry information you submit is true and accurate; (b) maintain the accuracy of this information; and (c) your use of the Klug Solutions will not violate any laws or regulations of Brazil, the US or other applicable laws or regulations. You are fully responsible for maintaining the confidentiality of your account login information and for all activities that occur in your account. You agree to use “strong” passwords (passwords that use a combination of uppercase and lowercase letters, numbers, and symbols) with your account and keep your password securely to prevent others from gaining access. You agree to immediately notify Klug of any unauthorised or suspected unauthorised use of your account, or any other breach of security. Klug is not responsible for any loss or damage resulting from your inability to meet the above requirements.



b. The individual who creates an account is the “owner” of that account and is licensed, in these terms, from the services associated with that account.






3. Access to services



a. Access and use. Subject to these terms, Klug grants you a non-transferable, non-exclusive (non-sublicensable) right to access and use the services (i) through Klug solutions, (ii) to install and use the mobile applications exclusively on your mobile device (for example, iPhone, iPad, or Android Smartphone) and exclusively for the intended purpose, and (ii) accessing the sites solely for the purpose permitted.



b. Automatic updates of software. Klug may occasionally develop patches, bug fixes, upgrades, upgrades, and other modifications to improve the performance of Klug Solutions (“Updates”). These can be installed automatically without giving any additional warning or receive any further consent. You consent to this automatic update. If you do not want such updates, the only solution is to terminate your account and stop using Klug Solutions. If you do not end a previously created account, you will receive updates automatically. You acknowledge that it may be necessary to install updates to use the Klug Solutions and you agree to promptly install any updates that Klug provides. The continued use of Klug Solutions is your agreement – (i) to these terms in relation to Klug Solutions, and (ii) to the end user license agreement in relation to Klug Solution updated; and (iii) any changes or updates that Klug may make to these terms or to the end user license agreement over time.



c. Interface provided by Klug to third party products and services. Klug provides the interaction between Klug Solutions and third-party products. The choice of these products is yours. Your explicit consent and authorisation is required for this interface and is revocable by you at any time. Once your consent is given to a particular third party product, you agree that Klug may exchange information and control data about you and your products, including your personal information, in order to enable the interface you have authorised. Since this information is shared with the particular third party product, its use will be governed by the third party’s privacy policy and not by Klug’s privacy documentation. You acknowledge and agree that Klug makes no representations or warranties regarding the quality or safety of any third party products or the interface with such products. Accordingly, Klug is not responsible for your use of any third-party product, or any personal injury, death, material damage (including without limitation to your home), or other damages or losses arising out of or in connection with your use of any third party Products. You should contact the third party with any questions about such products.



d. Certain restrictions. The rights granted to you in these terms are subject to the following restrictions: (I) you agree not to license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit Klug Solutions; (Ii) you agree not to modify, derivative works from, disassemble, reverse engineer or reverse engineer any part of Klug Solutions; (III) you agree not to access Klug Solutions in order to build a similar or competitive product or service; (IV) except as expressly stated herein, no part of the services may be copied, reproduced, distributed, republished, downloaded, displayed, published or transmitted in any form or by any means; (V) you agree not to upload, transmit or distribute computer viruses, worms, or any software intended to damage or alter a computer or communications network, computer, portable mobile device, data, service, product, product software, or any other system, device or property; (Vi) you agree not to interfere with, interrupt or attempt to gain unauthorised access to the servers or networks connected to the services or to violate the policies, policies or procedures of such networks; (VII) you agree not to access (or attempt to access) any of the services through any means other than the interface provided by Klug Solutions; and (viii) you agree not to remove, obscure, or alter any proprietary rights notices (including copyrights and trademark notices) that may be contained or displayed in connection with the services or products. Any future version, upgrade or other addition to the functionality of the services will be subject to these terms.



e. Open Source. Certain independent third-party code items may be included in web applications and / or mobile applications that are subject to the GNU General Public License (“GPL”) or other Open Source licenses. Open-Source software is licensed under the terms of the license that accompanies such Open-Source software. Nothing in these terms limits your rights, or grants you rights that supersede the terms and conditions of any applicable end- user license for such Open-Source software. In particular, nothing in these terms restricts your right to copy, modify and distribute such open source software that is subject to the terms of the GPL.



f. Privacy. Please refer to the specific section, the privacy policy for Klug websites and Klug’s privacy statement for services. These documents describe practices regarding the information that you or Klug may collect from users of Klug Solutions, including any content or user submissions.



g. Safety. Klug cares about the integrity and security of your personal information. We strive to implement the appropriate security measures. However, Klug can not guarantee that unauthorised third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.



h. Modification. Klug reserves the right, at any time, to modify, suspend or discontinue the services or any part thereof with or without prior notice. You agree that Klug shall not be liable to you or any third party for any modification, suspension or discontinuance of services or any part thereof.



i. Access outside certain countries. Although the websites are accessible worldwide, services provided or accessed through or on the sites are not available to all persons or in all countries. If you choose to access sites outside of a country where Klug supports the services listed here (“target country”), you do so on your own initiative and you are solely responsible for compliance with applicable local laws in your country. parents. You understand and agree that sites are not designed for use in a non-target country and that some or all of the features of the sites may not work or be suitable for use in such a country. To the extent permitted by law, Klug accepts no responsibility for any damages or losses caused by its access or use in a non-target country. You will be bound by these terms wherever you access or use the sites or services.






4. Agreed use and limitations of Klug solutions services.
a. Intended Use of Klug Solutions. The services are intended to be accessed and used for non- critical information and control of Klug solutions. While we seek to offer the high reliability and availability of services, they are not intended to be reliable or available 100% of the time. The services are subject to sporadic interruptions and failures for a variety of reasons that are beyond Klug’s control, including intermittent Wi-Fi, uptime service provider, mobile notifications and operators, among others. You acknowledge these limitations and agree that Klug is not liable for any damages allegedly caused by failure or delay of services.



b. No life safety or critical uses of Klug Solutions. You acknowledge and agree that services, whether alone or in conjunction with third party products, are not certified for emergency response. Klug makes no warranty or representation that use of the services (including without limitation any Klug service enabled for professional monitoring) or services with any third party product will affect or increase any level of security. You understand that services, whether alone or in conjunction with third party products, are not a monitored emergency notification system. Further, you understand that under no circumstances will Klug provide or include emergency services.



c. Suitability of services. You acknowledge that services, including remote access and mobile notifications, are not error-free or 100% reliable and 100% available. The good functioning of the services depends, among other things, on the transmission of data through the Wi-Fi network, wireless enabled device (such as a telephone or Tablet) and broadband Internet access, or optional cellular backup service, for the which neither Klug nor any wired or wireless data carrier is liable, and may be interrupted, delayed, refused, or otherwise limited for a variety of reasons including insufficient coverage, power outages, termination of service and access , environmental conditions, interference, non-payment of applicable fees and charges, unavailability of radio-frequency channels, system capacity, upgrades, repairs or reallocations, and priority access by emergency responders in the event of a disaster or emergency (collectively, “Service Interruptions “). You understand that service interruptions may result in failures or unavailability. We can not and do not guarantee that you will receive notifications within any given period. You agree that you will not rely on services for any life safety or critical purposes. Mobile status and alarm notifications in your Klug solutions are provided for informational purposes only – they do not replace a third party monitored emergency notification system. There is no way for Klug to provide specific information regarding an emergency situation. You acknowledge that it is your responsibility to learn how to respond to an emergency and respond to the specifics of your situation.



d. Service disruptions; without refund or discount. Services may be temporarily suspended without notice for security reasons, system failure, maintenance and repair, or other circumstances. You agree that you will not be entitled to any refund or discount for such suspensions. Klug does not offer any specific uptime guarantee for services.



e. System requirements. The services will not be accessible without: (i) a broadband internet network; (II) an account; (III) enabled and supported devices such as a desktop, smartphone or Tablet (required for some features and functionality of the service); (IV) intermittent broadband Internet access in your home with enough bandwidth to support the products / services you use; and (v) other elements of the system that may be specified by Klug. It is your responsibility to ensure that you have all the necessary system elements and that they are compatible and properly configured. You acknowledge that the services may not function as described when the requirements and compatibility are not met. If you modify, replace, move, or otherwise change any of the required system elements, it is your sole duty and responsibility to make sure that they are compatible and properly configured to work with third-party services and products.



f. Back-up cell phone in case of internet interruption. In the event of any service interruptions to your home internet network, the services may not be reliable or available during the service interruption. In addition, features and functionality of Klug Solutions may be unavailable in your mobile application for the duration of the service interruption.



g. All information publicly posted or transmitted in a private way through the services is the sole responsibility of the person from whom (or whose account) such content originated and Klug Solutions will not be responsible for any errors or omissions in any content. Klug Solutions can not guarantee the identity of any other users with whom you may interact during the use of the services. In addition, we can not guarantee the authenticity of any data that users or merchants provide about themselves. You acknowledge that all content accessed by you using the services is at your own risk and you will be solely responsible for any damage or loss resulting from this access. We can not control and we have no duty to take any action on how you may interpret and use the content or what actions you may take as a result of having been exposed to the content, and you release us from all responsibility for whether you have acquired or not purchased content through the services.



h. You represent, represent and agree that you will not contribute any content or otherwise use Klug Solutions in a way that (i) infringes or violates any intellectual property rights or proprietary rights, publicity or privacy rights or other rights the 3rd; (II) violates any law, statute, ordinance or regulation or is in any way unlawful; (III) is harmful, fraudulent, deceptive, threatening, abusive, harassing, unlawful, defamatory, vulgar, obscene, defamatory or otherwise objectionable; (Iv) represent any person or entity, including, without limitation, any employee or representative of Klug Solutions; (v) contains a virus, Trojan horse, Worm, time bomb or other harmful computer code, file or program; (vi) compromise the security of your Klug account or any other person (such as allowing someone else to sign in to services like you); (Viii) attempts, in any way, to obtain or access the password, account, products, devices, systems or other security information of any other user or third party; (Viii) violates the security of any computer network or breaches any passwords or security cryptographic codes; (IX) perform maillist, mailing list or any form of automatic response or “spam” in the services or any processes that interfere with the proper functioning of the services (including placing an unreasonable burden on the service infrastructure); (x) copy or store any significant portion of the content; (XI) decompilation, reverse engineers or other attempts to obtain the source code or ideas or information underlying or related to the services; (XII) denigrate or disrupt any network capability or functionality; or (XIII) engages in remote monitoring to provide professional medical care to any individual, including, without limitation, in any medical assistance and assisted living environment.



i. Privacy and data protection laws. Klug solutions are primarily intended for purely personal and domestic use. However, the data protection and privacy laws where you live may impose certain responsibilities on you and your use of the services. For certain video, audio, and facial recognition data that you collect using services (for example, video and audio signals and data from Klug Solutions) as the owner or authorised user, you are the controller of certain data that those products and services collect , and Klug is the processor of such data in applicable laws. For more information, see the privacy statement for Klug services and solutions. You agree that you (and not Klug) are responsible for ensuring that you comply with all applicable laws when you use the products and services, including, but not limited to, (i) any laws relating to the recording or sharing of video or content or (ii) any laws requiring notice to third parties, or explicit consent or consent of a third party with respect to your use of the Klug Solutions.



j. Klug solutions act as a data processor that you have collected through your gadgets, being explicit in the privacy statement of Klug solutions. In these situations, Klug will endeavour to: (i) only process data in its instruction; (Ii) ensure that persons authorised to process data through us on their behalf are committed to confidentiality; (III) only involve an outsourced service provider (subprocessor) that provides an equivalent level of protection as set forth in this document; (IV) to engage a new third party service provider (subprocessor) only after Klug has provided notice of such changes through notices and to allow you within ten (10) days to demonstrate any objection. In the event that you object, Klug will make reasonable efforts to resolve your objection. Following this process, if a resolution has not been agreed upon within five (5) days, Klug will continue to engage the outsourced service provider. You will have the opportunity to terminate your account without penalty. It is your responsibility to check the list of subprocessors regularly for updates; (V) to the extent possible, assist you with any requests for individual rights or other compliance obligations; and (VI) exclude or return your data after termination.






5. Service limitations



a. General. Klug services depend on and interoperate with third party products. These third party products are beyond Klug’s control, but their operation may impact or be impacted by the use and reliability of Klug’s services. You acknowledge and agree that: (i) the use and availability of the services depends on third-party product providers and service providers; (ii) these third- party products and services may not work reliably 100% of the time and may have an impact on the way the Klug services operate, and (iii) Klug is not liable for any damages and losses due to the operation of such third party products.



b. Third-party service providers used by Klug. You acknowledge that Klug uses third-party service providers to enable some aspects of the services – such as data storage, cellular back-up, synchronisation and communication through Web services, and notifications of mobile devices through operating system vendors mobile operators. You agree not to rely on services for any life safety or for critical time purposes. Further, to the fullest extent permitted by applicable law, you agree to release and maintain third party service providers from any liability, damage or loss of any kind, personal injury or loss of life resulting from the use of Klug Solutions.



c. Equipment, ISP and operator. You acknowledge that the availability of services depends on (i) your computer, mobile device, home wiring, home Wi-Fi network, Bluetooth connection and other related equipment (“equipment”), (ii) your Internet service provider (” ISP “) and (III) its mobile device operator (” operator “). You acknowledge that you are responsible for all fees charged by your ISP and operator in connection with your use of the services. You also acknowledge that you are responsible for compliance with all applicable agreements, terms of use / service, and other policies of your ISP and operator.



d. App Stores. You acknowledge and agree that the availability of the mobile applications depends on the third-party sites from which you download the mobile applications, for example, Google’s Google Play Store or the Apple App Store (each “App Store “). You acknowledge that these terms are between you and Klug and not with an app store. Each app store may have its own terms and conditions that you must agree to before downloading mobile apps from it. You agree to comply with such App store terms and conditions, and your license to use the mobile apps is conditioned upon your compliance with such App store terms and conditions. To the extent that such other terms and conditions of such App Store are less restrictive than or otherwise conflict with the terms and conditions of these terms, the more restrictive or conflicting terms and conditions in these terms apply.



e. Links from third-party sites and references. The sites may contain links to other sites operated by third parties (“third party sites”) and references to third party vendors (“referral vendors”). These third party sites and referral vendors are not under our control. Klug provides these links and references only as a convenience and does not review, approve, monitor, endorse, warrant or make any representations with respect to such third party sites or referral vendors. The use of these third party sites is at your own risk.



f. Authorised users. Klug is not responsible for any behaviour of the authorised user, or for any personal injury, death, property damage (including without limitation to your home), or other damages or losses arising out of or in connection with your use of the services.



g. Release in relation to third parties. Klug is not responsible for third parties or their products and services, including, but not limited to, third party application stores, third party websites, vendors, equipment, ISPs and operators. Klug hereby waives, and hereby waives, waives and releases Klug and its licensors and suppliers from any past, present and future claims, liabilities and damages, known or unknown, arising out of or in connection with their interactions with such third parties and their products and services. To the fullest extent permitted by applicable law, you disclaim any liability of Klug with respect to such liabilities.






6. Intellectual property



a. Klug Property. You acknowledge that all intellectual property rights, including, without limitation, copyrights, patents, trademarks and trade secrets, software and services (ie, websites, web applications and mobile applications) are the property of Klug or its affiliates, or our licensors. Your possession, access to and use of the product, software, and product services does not transfer to you or any third party any right, title or interest or to such intellectual property rights. Klug, its affiliates and licensors and suppliers, reserve all rights not granted under these terms. The services are temporarily licensed to you, not sold. You may only copy portions of the services (including this site) to your own computer for your own personal use. You may not use the content of the services in any other public or commercial form, nor may you copy or incorporate any content of the services into any other work, including your own website, without the written consent of Klug. You must have a license from Klug before you can post or redistribute any part of the services. In addition to that with respect to user submissions, Klug maintains the full title for all content of the services, including any downloadable software and all accompanying data. You must not copy, modify or otherwise reproduce or damage the structure or presentation of the services, or any content therein.



b. Feedback. You can choose or Klug can invite you to send comments, suggestions or ideas about services, including how to improve Klug Solutions (“ideas”). By submitting all ideas, you agree that your submissions are voluntary, gratuitous, unsolicited and unrestricted, and will not place Klug in any debit or other obligation. Klug may use, copy, modify, publish or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that Klug does not waive any right to use similar or related ideas previously known, developed by its employees or obtained from other sources.



c. User Submissions. You grant us a non-exclusive, worldwide, Royalty-Free, perpetual, irrevocable, sublicensable and transferable right to access, display or otherwise use your User Submissions (including all related intellectual property rights) solely in connection with providing you services and how directed by you. You also make and grant each user of the services a non-exclusive license to access and use your user submissions through the services and as permitted through the functionality of the services and these terms. In addition, you understand that we retain the right to reformat, modify, create works (partial or full) and translate any user submissions submitted by you. For the sake of clarity, the license grant prior to Klug does not affect your ownership or right to grant additional licenses to the material in your user submissions, unless otherwise agreed in writing.






7. Compensation for actions of third parties



To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Klug and its licensors and suppliers (collectively, the “Klug Parties”) (i) all claims, actions, lawsuits and any other legal action interposed by any third party against any of the parts of Klug arising out of or relating to (a) its use and the use of each authorised user of Klug Solutions; (b) breach of these terms by its authorised users; (c) any user submissions or feedback you provide; Or (d) breach of any law or rights of any third party (collectively, “third-party actions”); and (ii) any and all related losses, damages, settlements and judgments (including payment of the fees and costs of the lawyers of the parties of Klug) incurred by any of the parties to Klug, assessed or found against any of the parties to Klug, or made by any of the parties to Klug, relating to or arising out of any action of third parties (“third party losses”). You understand and agree that your obligation to indemnify Klug’s parties applies even if such third party action and third party related losses arise from negligence of any kind or degree, breach of contract or warranty, strict liability, non-compliance with applicable law , or any other fault or misdemeanour of any part of Klug. However, nothing contained herein shall be construed to require any indemnity that would render or render this clause, in whole or in part, void and / or unenforceable under applicable law. In addition, your indemnity obligation does not apply to any intentional, wilful, intentional or reckless misconduct on the part of Klug or gross negligence on the part of Klug in those Countries / States that do not allow gross negligence. The “third party” is defined herein to include, among others, an authorised user, an unauthorised user, a spouse, partner, family member, guest, neighbour, tenant, employee or insurance company. Klug reserves the right, at its own expense, to assume the exclusive defence and control of any matter for which you are obligated to indemnify Klug, and you agree to cooperate with our defence of such claims. You agree not to terminate any order without the prior written consent of Klug. Klug will use reasonable efforts to notify you of any claim, action or proceeding when you become aware of it.






8. Warranty Exemptions



a. The services are provided for your convenience, “as is” and “as available”, Klug, and our licensors and suppliers, expressly disclaim any warranties and conditions of any kind, either express or implied, including warranties or conditions of merchantability, fitness for a specific purpose, accuracy and non-infringement.



b. Klug, and our licensors and suppliers, make no warranty that defects will be corrected or that the services: (I) will meet your needs; (II) will be compatible with your home network, computer or mobile device; (III) shall be available on an uninterrupted, timely, safe or error-free basis; Or (IV) will be accurate or reliable. No advice or information, whether oral or written, obtained by you through Klug or through the services, should create any warranty.



c. Klug does not guarantee, endorse, warrant or assume responsibility for any service or product advertised or offered by third parties through or in connection with the products or services, or any hyperlinked website or service, and Klug will not be a party to, or in any way, monitor any transaction between you and third-party providers of such products or services.



d. Klug makes no representations about any content contained or accessed through the services, and will not be responsible or responsible for the accuracy, compliance with copyright, legality or decency of material contained or accessed through the services.






9. Other exemptions



When you install, configure or use the products and services you are given the opportunity to change the defaults or choose specific settings. The choices you make may cause unintended or unintended operation or non-operation of your products and services and any connected equipment or systems. You assume all responsibility for any loss and damage caused by, or related to, the choices you make for the specific settings for the products and services, and by setting or changing defaults.



10. Limitation of Liability



Nothing in these terms, and especially within this “limitation of liability” clause, shall be construed or understood to limit or exclude liability which may not be so limited or excluded by applicable law.
To the maximum extent permitted by applicable law, in addition to the warranty and other exemptions hereunder, (a) under no circumstances shall Klug be liable for any consequential, consequential, exemplary, special or incidental damages including, without limitation, any damages by data lost or lost profits arising out of or relating to services, even if Klug knew, or should have known, the possibility of such damages, and (b) Klug’s total cumulative liability for any direct, material, personal injury, loss of life or any other damages not excluded or prevented under subparagraph (a) above, resulting from or in connection with the services, whether in contract or for offense or otherwise, shall be limited to an amount not exceeding two (2) times the fees actually paid by you to Klug or Klug’s authorized reseller for the services in question in the previous 12 months (if any). Klug disclaims all liability for any type of licensors and suppliers. In no event will Klug be liable in any way for any content, including, but not limited to, any errors or omissions in any content or any loss or damage of any kind incurred in connection with the use or exposure to any posted, uploaded content by e-mail, accessed, transmitted or otherwise made available through the services.
You understand and agree that this limitation of liability in this section applies even if Klug is held liable for any loss or damage due to breach of contract, breach of express or implied or limited warranty, negligence of any kind or grade, or indemnity or contribution, or any other theory of liability. However, this limitation of liability does not apply to any intentional, willful, intentional or reckless misconduct of Klug or gross negligence of Klug in those Countries / States which do not allow limitation of liability for gross negligence.






11. Fees and payment



Some services may be provided for a fee. You must pay all applicable fees in connection with the services selected by you in accordance with the terms of sale.






12. Settlement of disputes



Please read this section carefully. Follow the instructions below.
All items in these Terms and Conditions of Use are governed by the laws in force in the Federative Republic of Brazil. For all matters concerning the interpretation, compliance or any other questioning related to these Terms and general conditions of use, the parties agree to submit to the Forum of the City of São Paulo-SP, except for complaints submitted by Users that fit in the legal concept of consumers, who may submit such claims to the forum of their domicile.



a. Notice of litigation. If either of us wishes to propose a legal dispute, the party must notify the other with prior written notice. The Klug notice must be sent to: legal department KLUG, Av. Paulista, 1374, 11o andar, Bela Vista, São Paulo, SP, Brazil. CEP 01310-100. Klug will send you a notice to the email addresses and / or addresses associated with your account. Your notice to Klug must (a) provide your name and email address; (b) describe the dispute; and (c) declare the request you are requesting. If we can not reach an agreement to resolve the dispute within 60 days of receipt of the notice, you or we may initiate the judicial process.



b. Renunciation of Collective Action. Any process to resolve or plead any controversy in any forum will be conducted solely individually. Neither you nor a Controversial Party will seek to have the right to the adversary in any controversy such as a class action, general action brought by a lawyer, or in any other proceedings in which either Party acts or proposes to act in a capacity of attorney.



c. Future changes. If Klug makes changes to the dispute resolution section of these terms (except a change of address at which Klug will receive notices of litigation, opt-out notices, or rejections of future changes to dispute resolution), you may reject any change, sending us written notice within 30 days of the change to legal department KLUG, Av. Paulista, 1374, 11o andar, Bela Vista, São Paulo, SP, Brazil. CEP 01310-100.






13. Copyright



a. If you are a copyright owner or an agent of the same and believe that any content infringes your copyright, you may send a notice to Klug with the following information:



b. (I) a certified copy of the proxy to act on behalf of the owner of an exclusive right that is allegedly infringed; (Ii) the identification of copyrighted work that you claim to have been infringed; (Iii) identification of the material that is claimed or is the subject of infringing activity to be removed, or access to which it is to be deactivated, and information reasonably sufficient to enable Klug to locate such material; (Iv) information reasonably sufficient to enable Klug to contact you, such as an address, telephone number and, if available, an electronic mail; (v) a statement that you act in good faith that use of the material in the manner claimed is not authorised by the copyright owner, its agent or the law; and (vi) a statement that the information contained in the notification is accurate and, under penalty of perjury, that it is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.






14. General



a. Prohibited Use: It is prohibited: (I) to intercept or monitor, damage or modify any communication that is not intended for you; (Ii) use any type of spider, virus, worm, Trojan horse, time bomb or any other codes or instructions intended to distort, erase, damage, emulate or disassemble the Klug Software, Products, Websites, or protocols; (Iii) send unsolicited communications (also called “SPAM”, “SPIM” or “SPIT”) or any communication not permitted by applicable law, or use the Software or Klug Websites for phishing or pharming or impersonation purposes other person or entity or practice ideological falsehood in connection with association with another person or entity; (Iv) expose third parties to material offensive, harmful to minors, indecent or otherwise objectionable; (V) use the Klug Software, Products or Websites to cause or attempt to cause embarrassment or discomfort to a third party, or threaten, harass or invade the privacy of others; or (VI) use (including as part of your user ID and / or profile image) any material or content that is subject to any third party proprietary rights, unless you have a license or permission from the owner of such rights ; or (VII) collect or capture any personal identifying information, including account names, from Klug Software, Products or Websites; (VIII) affect or attempt to affect the availability of the Klug Software, Services or Websites, for example, with a Denial of Service (DOS) or Distributed Denial of Service (DDoS) ; (IX) use or launch any automated system, including, but not limited to, robots, spiders or offline readers accessing the Klug Software, Products or Websites. Notwithstanding the foregoing, you agree that Klug grants to the operators of public search engines permission to use spiders in order to copy material from the Klug Website for the sole purpose of creating indexes of the materials for public search, but not caches or files of the search engines. materials. Klug reserves the right to revoke these exceptions at any time.



b. Changes to these terms. Klug reserves the right to make changes in these terms. Klug will post notice of changes to any one or more of the following: This page, a website, web applications or mobile applications. You must ensure that you have read and agree to the most recent terms when you use Klug Solutions. Continued use of Klug Solutions after notification of such changes shall indicate your acknowledgment of such changes and agreement to be bound by revised terms. If you do not agree to any of the changes to any of the terms, you must disconnect your products from your account and cease access to Klug Solutions.



c. Regulatory law. These terms, and any claim, dispute, action, cause of action, issue or relief request arising out of or relating to these terms or your use of the Klug Solutions will be governed by the laws of the Federative Republic of Brazil, without giving effect to any conflict may provide for the enforcement of the law of another jurisdiction. The courts in some states and countries can not apply the law of the Federative Republic of Brazil to certain types of disputes. If you reside in one of those states or countries, then where the law of the Federative Republic of Brazil is excluded from the application, the laws of your state or country will apply. To the maximum extent permitted by applicable law, you agree to submit to the personal jurisdiction of the state and federal courts in or to São Paulo, SP, Brazil, for the purpose of litigating all such claims or disputes, unless such affirmation or dispute is Required to be arbitrated as set forth in a section above.



d. Protection of confidentiality and intellectual property rights. Notwithstanding the foregoing, Klug may seek injunctive relief or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.



e. Agreement / total separation. These terms constitute the entire agreement between you and Klug regarding the use of the services (and the purchase of the use licenses). Any failure of Klug to exercise or enforce any right or provision of these terms shall not operate as a waiver of such right or provision. Section headings in these terms are for convenience only and have no legal or contractual effect. If any provision of these terms is for any reason deemed to be invalid or unenforceable, the other provisions of these terms shall be unchanged and the provision invalid or unenforceable shall be deemed modified to be valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party.



f. Survival. The obligations hereunder shall survive any expiration or termination of these terms.



g. Assignment. These terms, and any associated rights or obligations, may not be assigned or transferred by you without the prior written consent of Klug. These terms can be attributed by Klug without restriction. These terms are binding on any recipient allowed.



h. Notifications. Klug may provide you with notices as required by law, for marketing or other purposes, via (at your option) e-mail to the primary email address associated with your account, mobile notifications, hard copy or posting of such notice at www.petcamapp.com. Klug is not responsible for any automatic filtering that you or your network provider may apply to email notifications. Klug recommends adding email addresses @ petcamapp.com and @ klughomesolutions.com to your email address book to help ensure that you receive email notifications from Klug.



i. Copyright / Trademark Information. All rights reserved. All trademarks, logos and service marks (“marks”) displayed on the services are the property of Klug or its respective owners. You are not permitted to use any of the marks without the prior written consent of Klug or its owners. Klug reserves the right to change offers, specifications and prices of products and services at any time without notice, and is not responsible for typographical or graphical errors that may appear in this or related documents.






15. Transparency



User information requirements



As with many other technology companies, Klug may receive requirements or mandates from governments and courts around the world for the delivery of user data. We have created this section to clarify these requirements in a way, and how we process and manage them.
Whenever we receive a request for information from the user, we review it carefully and provide only information within the scope and competence of the user, where privacy and security are of enormous relevance to us. Before fulfilling any requirement, we make sure that it is in compliance with the law and that Klug’s policies are adjusted. We notify legal requirements to users as appropriate, unless prohibited by law or court order. Moreover, if in our view the extent of any requirement is excessive, we generally seek to restrict it. We are still looking for the best way to share generic information and statistics about how many requests we receive.



Automatic translation



Important: Klug uses machine translation for support and help articles in a wider range of languages. However, articles that are automatically translated may contain vocabulary, syntax or grammar errors similar to mistakes made by a foreign speaker. Klug shall not be liable for any inaccuracies, errors or damages caused by incorrect translation of the content or its use by our customers. Access here the original Portuguese version.