TERMS AND CONDITIONS OF USE FROM THE PLATFORM 4SMART
These are the Terms and Conditions of Use (“Termsˮ) that regulate your access and use of the 4Smart Platform.
The Platform is made available and maintained by 4SMART CLOUD LTDA., a private law legal entity, registered with the CNPJ/MF under number 52.687.503/0001-80, with headquarters at Alameda Rio Negro, 503, room 1915, Barueri – São Paulo, CEP: 06454-000, Brazil (“4SMARTˮ).
Before accessing the Platform, You (“Youˮ or “Userˮ) must be aware of the entire content of these Terms. Therefore, by accessing the Platform, You declare your acceptance of the provisions of these Terms, and affirm that you have had access to this document, that you have read it in full and agree with its conditions.
The Privacy Notice is an integral and inseparable part of these Terms and can be accessed, at any time, at https://4smart.cloud/aviso-de-privacidade-2/. By accepting these Terms, You also declare that You are aware of and agree with the provisions of the Platform's Privacy Notice.
If you have any questions about any provision of these Terms, you may contact us via email at sac@4smartcloud.com The entire 4SMART team will be fully available to provide clarification and assist the User.
If, at any time, the User does not agree with these Terms, he/she may request the closure of his/her account, and must refrain from accessing it and/or immediately cease using the Platform and services.
- Without prejudice to other definitions inserted throughout these Terms, the expressions indicated below will have the definitions established below, in the plural or singular:
API (Application Programming Interface): interface computational what define to the interactions between the various intermediary software. It defines the types of “requests” that can be made, how to make them, the data formats that should be used, the conventions, among other criteria;
Privacy Notice: is the 4SMART privacy notice that explains how the personal data collected will be processed, as available at XX; This Notice should not be confused with the Privacy Notices and practices of entities that use the Platform as Personal Data Controllers.
Customer: means the public or private legal entity that contracts the license to use the 4Smart Platform directly or indirectly, through partners;
iPaaS: “Integration Platform to the the Serviceˮ or integration platform as a service, is a set of cloud services that enable the development, execution and governance of integration flows connecting any combination of on-premises and cloud-based processes, services, applications and data within one or more organizations;
Platform: when mentioned in these Terms, refer to the 4SMART Platform, available at http://go.municipio.ufestado.4smartcloud.com/;
SaaS (Software to the the Service): Software as a Service, that is, the technology solution that is offered as a solution provided via the internet, and can be provided and changed according to 4SMART's convenience, resources and opportunity;
Software: is a set of instructions, data, or programs used to operate computers and perform specific tasks. It is the opposite of hardware, which describes the physical aspects of a computer. Software is a generic term used to refer to applications, scripts, and programs that run on a device;
Terms: includes not only these Terms and Conditions of Use of the 4SMART Platform, but also all other policies, Privacy Notice and related documents published on the Platform or that may be created in the future and that are linked to the use of the Platform and/or 4SMART partners, which govern the use of the Platform; and
User: means any and all legal or natural persons who access, use and/or identify themselves when registering.
The Platform is a system designed to offer integrated data management and analysis solutions. It is accessible via a web browser, as well as through APIs, specific applications for mobile devices and other digital means. With a focus on centralizing and analyzing data from multiple sources in real time, the Platform is designed to integrate with a wide range of existing software, devices and systems, regardless of the technology or hardware used.
- Integration It is Centralization of Data – The Platform enables the integration of data from any source, including cameras, traffic lights, sensors, reports, studies, Internet of Things (IoT) devices, among others. This data is centralized in an Integrated Management Center, which allows visualization, real-time management and access to historical data, offering a comprehensive and effective solution for the management of critical information. Through data integration interfaces via APIs, the Platform expands its capabilities
functionalities, allowing it to be accessed and used from different means and devices.
- Architecture and Storage – The Platform adopts a cloud-based Data Lake architecture, which provides a scalable and flexible storage environment. This architecture allows for the efficient management of large volumes of data, ensuring that the expansion of information does not compromise the performance or security of the system. With robust encryption mechanisms, access control and continuous monitoring, the Platform ensures the integrity and protection of stored and processed data.
- Advanced Technologies – The Platform is equipped with advanced Big Data, Machine Learning (ML), Artificial Intelligence (AI) and Business Intelligence (Business Intelligence – BI). These technologies enable in-depth analysis of collected data, providing detailed insights that support strategic and operational decision-making. With these capabilities, the Platform offers not only a comprehensive view of operations in real time, but also the possibility of predicting trends and optimizing processes based on intelligent analysis.
- Use of the Platform is governed by a licensing model that defines the terms and conditions under which users may access and use the functionalities and services offered.
- 4SMART grants the User a personal, non-transferable, non-sublicensable and non-exclusive license to use the Platform, which may be contracted directly or indirectly through 4SMART's licensed partners.
- The User, through these Terms, authorizes 4SMART to carry out analysis, research, technical administration, improvement and/or development of the tools necessary to improve the experience on the Platform and evaluation of new Software that may be of interest to the User.
- 4SMART is not conditioned in any way to the launch or implementation of any functionality, new Software, design, layout on the Platform at the request of any User, being offered as is, guaranteeing 4SMART its availability and guarantee, as established in these Terms, and may undergo constant improvements and updates, at any time, at the sole discretion of 4SMART.
- 4SMART may, at its sole discretion, permanently deactivate the Platform or temporarily suspend its use, as well as change and/or remove Software, modify integrations and close the Platform, without any right to claim or reimbursement of any nature to the User. 4SMART will communicate at least 90 (ninety) days in advance, via the Platform or via the registered User's email, any of these actions that it intends to carry out.
The process of registering new Users on the Platform is carried out exclusively by the User Profile called “User Manager”, which has administrator permissions on the Platform. To register, the Manager must provide the full name and a valid email address for the User that he/she intends to register, in addition to other data that may be requested. Once entered, the system recognizes the new User, who then has access to the Platform based on the permissions assigned to his/her profile.
- Conditions of Access to Platform
Access to the Platform is regulated based on User profiles and specific permissions, aiming to ensure that each User has access only to the functionalities and data relevant to their functions. The access process is managed through an authentication system that may include Username and password. For greater security, the Platform may also offer the option of two-factor authentication (2FA).
- For greater User security, it is not recommended to use passwords that are easy to guess, such as name, vehicle license plate, telephone number, date of birth, among others. Only computers with security features should be used and the password to access the Platform should be changed periodically. We do not recommend using untrusted computers or unprotected public networks to access the Platform.
- The User is responsible for safeguarding and maintaining the confidentiality of the access password and login information, and will be responsible for all activities that occur using them, including by third parties. You agree to immediately notify 4SMART in the event of any unauthorized use of your login and/or access password.
User profiles are configured to control the functionalities and data that each User can access within the Platform. These profiles are adjusted according to the specific needs of the role performed by each User, as requested by the Client, ensuring the integrity and confidentiality of the information.
- Authentication It is Security
After registration, the new User is automatically authenticated by the responsible User Manager. Basic authentication is performed through a combination of Username and password, but the Platform may require or allow the activation of two-factor authentication (2FA) to increase access security. This configuration can be enabled by the User Manager at the time of registration or later.
The User registered by the User Manager is automatically considered validated, and their access to the Platform is granted according to the permissions assigned to their profile. In case of
If adjustments or reconfigurations are needed, the User Manager can make these changes directly on the Platform.
- The User and the User Manager undertake to keep the registration updated or whenever requested by 4SMART.
- The User and the User Manager will be responsible, in all cases, for the veracity, regularity and authenticity of any and all personal data and other information entered into the Platform and/or in any way presented to 4SMART, being solely and exclusively responsible before 4SMART, third parties and/or authorities. competent.
- Registrations with irregular, incomplete and/or false information will be discarded by 4SMART.
- If 4SMART identifies any irregularity in the registration or account, 4SMART may request documents that confirm the veracity and accuracy of the data provided by the User at the time of registration and/or change of registration, as well as request additional data or information whenever it deems necessary by means of notification sent to the User and the User Manager through one of the contact methods provided by the User on the Platform.
- If the User does not confirm the information provided when requested, or if the irregularity identified remains after 30 (thirty) days of sending the notification of clarification, their access to the Platform may be refused, suspended or blocked at the sole discretion of 4SMART. The Customer and the User will not be entitled to compensation or reimbursement of any nature if 4SMART chooses to maintain the refusal of registration, suspension or cancellation.
- Integration with Systems External
In addition to the standard authentication method, the Platform can integrate with external authentication systems or provide access via APIs, according to the specific needs of the Client. Users must ensure that they have the necessary rights, licenses and authorizations to use systems integrated into the Platform, exempting 4Smart from any liability for violations of third party rights.
- The account is for personal, single and non-transferable use. Under no circumstances will the assignment, sale, rental or other form of transfer of the account be permitted. Only the User Manager shall keep users updated on the Platform, canceling the accounts of users who have disconnected and/or no longer use the Platform, and including the registration of new users on the Platform.
- Approval of more than one registration for the same User will not be granted, nor will new registrations be granted to Users who have been suspended or permanently deactivated for legal violations and/or violations of 4SMART policies.
- 4SMART reserves the right to cancel, suspend or deactivate accounts that contain matching or related data, after 30 (thirty) days' prior notice to the User about the cancellation and explaining the reasons for its decision, with the User not being entitled to any compensation or reimbursement of any nature.
- The User and the User Manager are exclusively responsible for all operations carried out in their account and for the acts of third parties to whom they authorize access and use of their account. The User and the User Manager undertake to notify 4SMART immediately if they become aware of any unauthorized use or access to their account.
- CANCELLATION AND/OR SUSPENSION DO USER
- 4SMART may, at its sole discretion, cancel the account of any User, regardless of permission levels, who violates current legislation, public order and/or any of the provisions established in these Terms, as well as in cases where fraudulent, misleading, unusual, or misleading activity is suspected or detected, and/or activity that causes or may cause harm to 4SMART and/or third parties.
- Regardless of other measures, 4SMART may temporarily suspend or permanently deactivate a User's account and initiate any actions it deems appropriate (i) if the User violates any law or regulation in force, as well as any of the provisions of these Terms and other related policies and documents; (ii) if the User fails to comply with any obligation as a User or violates the rights of other Users and/or third parties; (iii) if the User engages in willful, fraudulent, deceptive and/or misleading conduct or acts, which will be assessed at the sole discretion of 4SMART; (iv) if the User's identity cannot be verified or if the information entered on the Platform and/or presented to 4SMART is found to be untrue and/or false; and/or (v) if 4SMART understands that any actions by the User may cause harm to 4SMART, the User and/or third parties.
- In the event of suspension or cancellation of a User's registration, no amounts will be returned or any compensation and/or repairs will be due to the Customer. In any case, the User will receive prior notice, with the reasons for the suspension or deactivation.
- Any User who carries out any of the conduct described in this clause 3.4 and its subclauses will have their access to the Platform immediately suspended, temporarily or permanently, without prejudice to sending a communication to the competent authorities, as well as the collection by 4SMART of any losses and damages, including indirect damages, moral damages and lost profits, which will be determined judicially.
- RESPONSIBILITIES DAS PARTIES
- RESPONSIBILITIES FROM THE 4SMART
3.4.2. 4SMART is committed to the:
- make the Platform available in the most constant and appropriate manner possible;
- notify the User in case of changes to these Terms; It is
- execute and interpret these Terms in good faith.faith.
- In order to use the Platform, in addition to being fully aware of and agreeing to these Terms, You declare: (i) to be civilly capable under Brazilian law and criminally liable; (ii) to be aware that the provision of any illegal content, contrary to socially accepted morals and customs, or that may violate the rights of third parties, as well as material that incorporates viruses or elements harmful to the Platform is prohibited; and (iii) that any and all use of the Platform will only be for lawful purposes, so that You acknowledge that You are solely responsible for the use of the Platform and its functionalities, exempting 4SMART from any and all liability for damages or losses arising from its use.
- The User is responsible for, without prejudice to other obligations contained in these Terms:
- use the Platform responsibly and in good faith, within the limits established by these Terms and the functionalities associated with it;
- keep your password safe access;
- keep your contact information and other personal data up to date and correct;
- To be responsible for the veracity, suitability, form and origin of the data and content entered into the Platform. Any damage, violation or failure of this responsibility or failure to comply with the provisions of these Terms, before 4SMART or before third parties, will be the sole and exclusive responsibility of the User, who will reimburse 4SMART if it has to bear any amounts due to these situations; and
- notify the 4SMARTabout any changes cadastral.
- Use the data and information made available on the Platform solely for the purpose for which they are intended, and their use for purposes other than those authorized for the User is expressly prohibited.
- When using the Platform, the User undertakes to observe the applicable legislation, as well as the provisions of these Terms, and must not make, produce, make available, disclose or transmit any content or act that:
- Is contrary to any norm of Brazilian legislation, as well as to generally accepted morals and good customs, or that encourages any form of discrimination or violence, such as prejudiced, racist, offensive, injurious, defamatory, slanderous, pornographic material, related to minors in any aspect and especially pornography or child exploitation;
- Be protected by any intellectual property rights belonging to third parties, without the User having previously obtained from their owners the necessary authorization for the use that they make or intend to make;
- Incorporate viruses or other physical or electronic elements that may cause damage or impede the normal functioning of the network, system or computer equipment (“hardware” and “software”) of third parties, or that may cause damage to electronic documents and files stored on this computer equipment;
- Cause, due to its characteristics (form, extension, etc.), difficulties in the normal functioning of the Platform;
- Reproduce, duplicate, copy, modify, adapt or market to the solutions related to the Platform or create derivative works based on such solutions; reverse engineer, disassemble, decompile and/or fragment without authorization from 4SMART;
- Is intended to advertise its own or third-party products and/or services or is intended for political propaganda. The same treatment will be given to any type of file, link, media or information inserted in an encrypted form, protected by a password or otherwise not immediately identified as illicit material.
- WARRANTIES AND LIMITATION OF RESPONSIBILITY
- The Platform as a whole is offered as is, and 4SMART does not guarantee that the Platform will be considered suitable or adequate for any purpose other than those specified and expressly described in these Terms, and the User is prohibited from making any use other than those described in these Terms.
- 4SMART will use its best efforts and resources to keep the Platform fully operational for all Users. However, 4SMART will not be responsible for:
- due to the intrinsic characteristics of the internet, mainly relating to the reliability and origin of the information circulating on this network;
- for illegal content or activities carried out by third parties through your Platform;
- for any problems, bugs, glitches or malfunctions that occur on the User's devices and equipment; and
- by any damage direct or indirect caused put events of third parties, as attack hackers, system, server or Internet connection failures, including actions by malicious software, such as viruses, Trojan horses and others that may, in some way, damage the User's equipment or connection as a result of accessing, using or browsing the Website, as well as the transfer of data, files, images, texts, audios or videos contained therein.
- Although it uses its best efforts, 4SMART is not responsible for the actions of third parties that manage to collect or use, through improper or illicit means, data or information made available by the User.
- The User is aware that 4SMART recommends the use of tools and technologies (hardware and/or software) that are duly secure and up-to-date to access the Platform. Therefore, any use by the User of outdated tools or technologies or those considered insecure occurs at their own risk, and 4SMART is exempt from any liability for related damages.
- The User is aware that 4SMART has no control over links inserted by third parties on the Platform, as it does not perform prior control of third-party content. Therefore, it is the User's obligation to check the regulations and policies of the websites and systems accessed through these links, with 4SMART being exempt from any liability.
- By making the Platform and its services available to the User, 4SMART acts as a mere technological Platform, and is not responsible for the integrations, acts, information and any other interactions carried out by the User or third parties on the Platform.
- 4SMART will not be responsible:
- for acts committed and/or damages demonstrably caused to third parties by User;
- for any damage direct, indirect, incidental, special, consequential or punitive what no was caused directly by 4SMART;
- for any failure, fraud or omission proven to have been committed by the User;
- for the User's failure to comply with these Terms and other policies and documents related;
- for the authenticity and veracity of the information, data and personal documents presented by the User on the Platform;
- for any difficulty in accessing the Platform that is not due to a failure attributed exclusively to 4SMART;
- for any losses resulting from unauthorized access or use of any User's account by third parties;
- by the User's behavior while browsing the Platform and during transactions and/or purchasing products and/or services made available by 4SMART;
- for system, server or internet failures, errors or inaccuracies in content;
- for failures in the security and privacy of the Platform, which occurred without fault of 4SMART;
- put losses arising from of cases fortuitous It is of strength bigger;
- for any demand, action, claim, whether judicial, extrajudicial or of any other consumer nature, relating to brands, designations, patents and intellectual/industrial property and commercial loyalty, both of Users and third parties; and/or
- for tax obligations of any nature that are not within its jurisdiction, as determined by law.
- The User agrees to indemnify and hold 4SMART harmless for any losses and damages that may be claimed, including legal expenses and attorney's fees, due to any unlawful act committed by the User, access to and use of the services, violation of these Terms, or violation of third party rights.
- The User is aware and agrees that no additional guarantee will be granted by 4SMART, other than those informed in these Terms, so that he accepts and waives any right to require the 4SMART repairs, reimbursements and/or compensations of any nature, with respect to any provisions other than the liabilities expressly set forth in these Terms.
- All content and resources found on the Platform are owned by or licensed to 4SMART, and are subject to intellectual property rights in accordance with Brazilian laws and international treaties and conventions to which Brazil is a signatory. For the purposes of these Terms, protected content includes, without limitation, texts, elements, source codes, programming, tools, software, scripts, graphic images, photos, sounds, music, videos, files, icons, drawings, layouts, teaching materials, algorithms, interactive resources and similar, brands, service marks, logos, trade dress, among others, and their copying, reproduction or any other type of use is prohibited, and violators are subject to civil and criminal sanctions, under Laws No. 9,279 of 1996, No. 9,609 of 1998 and No. 9,610 of 1998.
- The brands, trade names, distinctive signs or logos of any kind presented through the Platform are the property of 4SMART or of a third party that has allowed their use, so that the use of the Platform does not constitute authorization for the User to make any type of use or disposal of such brands, trade names, distinctive signs and/or logos.
5.5.2. The User may only use the name, brand, logo, symbol or image of 4SMART in media, competitions, bids, own advertising or any other acts or contracts as a reference to the services, with the prior written authorization of 4SMART
- The User does not acquire, by using the Platform and any of 4SMART's Software or services, any intellectual property rights or other exclusive rights, including patents, designs, trademarks, copyrights or any rights to confidential information or business secrets, on or related to the Platform or part thereof.
- The User is expressly prohibited from copying, selling, reselling, displaying, reproducing, publishing, modifying, reverse engineering, translating, lending, renting, creating, transferring, distributing, licensing or otherwise commercially exploiting or disposing of any content made available on the Platform, especially Software and APIs, without prior written permission from 4SMART or the licensors of the respective content, elements and/or tools of 4SMART.
- The User is aware that any improper use of the content made available on the Platform, especially the Software and integrations, may constitute, in addition to the violation of 4SMART's intellectual property rights, a violation of the rights of partners and other third parties holding such rights, and the User shall be solely responsible for any compensation for damages and expenses incurred in this regard by 4SMART and/or its partners and/or injured third parties.
- In the event of a violation of intellectual property, 4SMART reserves the right to take appropriate measures against the person(s) responsible for the damages.
- Any notifications regarding intellectual property violations can be reported via email to sac@4smartcloud.com
- PRIVACY AND PROTECTION OF DATA
- 4SMART and all its solutions follow the legal provisions applicable to the protection of personal data, including, but not limited to, Federal Law No. 13,709/2018 – General Personal Data Protection Law (LGPD) and other applicable regulations.
- 4SMART adopts several technical and administrative measures, committed to the confidentiality and security of its products and services and the personal data of its Users. For transparency with the User regarding the data that is collected, the respective purposes and means of processing, in addition to the security measures adopted, 4SMART has prepared the External Privacy Notice (“Noticeˮ or “Privacy Noticeˮ), available at any time to the User at XX.
- This Notice is an integral and inseparable part of these Terms, so that by accepting the conditions set forth herein, You also declare that You are aware of and agree with all the content set forth in the 4SMART Privacy Notice. If you have any questions, please contact us through the channels available in the Notice itself.
- The Privacy Notice shall be interpreted and applied in accordance with these Terms, and in the event of any conflict, the Privacy Notice shall prevail as it is more specific.
- NOTIFICATIONS AND COMMUNICATIONS ELECTRONICS
- The User authorizes and agrees that 4SMART sends administrative notifications through the Platform (“pushˮ), to the email or SMS to the registered telephone number, through publications on the website, through telephone calls or through any other available means of communication.
- Communications made to the User by 4SMART will be considered effective, for all purposes, when made through any form of contact provided by the User when registering on the Platform.
- The User acknowledges and agrees that any notifications, messages, disclosures, contracts and other communications from 4SMART, received electronically, satisfy all legal requirements, being considered, for all purposes, that such communication was made by written.
- The User acknowledges and consents to 4SMART sending him/her communications related to new features, services and solutions from 4SMART. If the User is not interested in receiving such communications, he/she must notify 4SMART by contacting: sac@4smartcloud.com
- The User may contact 4SMART through any of the service channels available on the Platform and mentioned in clause 11 of these Terms, and 4SMART will make its best efforts to respond to all requests related to the Platform as soon as possible.
- Communications sent to 4SMART will only be considered valid when made using the tools available on the Platform or sent to one of the contacts listed in clause 11 of this Instrument.
- VALIDITY, TERMINATION AND CHANGE OF THE TERMS
- These Terms will be valid for an indefinite period, taking effect upon access to the Platform, regardless of registration.
- 4SMART reserves the right to make, at its sole discretion, changes and updates to the Terms, at any time, without the need for authorization from the User. Such changes will be communicated to the User via the registered email or directly on the Platform.
- It is the User's responsibility to access these Terms constantly, or as soon as they become aware of any changes, to be fully aware of their conditions. If the User does not agree with the change made to the Terms, they must immediately cease using the Platform.
- By continuing to access and use the Platform after the publication and communication of the change to the Terms, the User expresses his/her full knowledge and agreement in relation to the Terms. changed.
- Express agreement with this document is an essential condition for accessing the Platform's features and services. If the User does not agree with these Terms, 4SMART reserves the right not to offer the services and features, and 4SMART shall not be obliged to compensate the User in such cases.
- 4SMART may, at its sole discretion, cancel access to the Platform granted to the User, including, but not limited to: (i) for violation and/or non-compliance with these Terms; (ii) due to a court order or legal and competent request from a state authority;
(iii) at the User's own request; (iv) due to modification or deactivation of the service or Platform; (v) due to unforeseeable circumstances, force majeure and/or security issues; (vi) due to the practice or suspicion of any fraudulent or illegal activity by the User, at 4SMART's discretion;
(vii) for improper use of the Platform, at the discretion of 4SMART; (viii) for failure by the User to comply with any obligations, amounts, payments due due to the license of use or services, when applicable.
- If any part of these Terms or the Privacy Notice is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intent of the parties, and the remaining provisions shall remain in full force and effect.
- If any Party fails to demand any rights or provisions of these Terms, such fact will not constitute a waiver, and the respective Party may regularly exercise its right, within the legal deadlines.
- The activities carried out by 4SMART are not considered to be risky, and the objective liability set out in article 927, sole paragraph, of the Civil Code is inapplicable, which the User hereby declares to agree with.
- These Terms are not signed on an exclusive basis for either PARTY, and 4SMART is free to offer the Platform and its services to any third parties, as well as to enter into agreements, contracts and partnerships with any third parties.
- These Terms do not establish, for any purpose, any type of society, association, joint venture, agency, consortium, representation mandate or joint liability between the parties, nor do these Terms give rise to any operational, managerial or any other type of link between 4SMART and the User.
- These Terms also do not establish, directly or indirectly, any employment relationship, obligation, or liability between one party and the other with respect to the
professionals that the other party makes available for the execution of the purpose of these Terms, with each party being exclusively responsible for all charges arising from legislation in force regarding its own employees, whether labor, social security, insurance, civil or any others that may be created by Public Bodies, unions and entities representing the categories.
- These Terms are governed by, construed and enforced in accordance with the laws of the Federative Republic of Brazil, without regard to its conflicts with the laws of other states or countries.
- The Parties elect the Court of the District of São Paulo – SP, to resolve any doubts that may arise from these Terms, expressly waiving any other, however privileged it may be, if another is not authorized by law.
10.4. If you have any questions and/or need to address any matter related to these Terms, the Platform and other 4SMART Services, please contact us through the following contact channels: sac@4smartcloud.com
Last update in: 20 of August of 2024.
