Terms of Use
(SERVICE AND SOFTWARE LICENSING AGREEMENT)
TERMS OF USE
Ikatec™ (trade name of E. M. Soluções Integradas de Sistemas Ltda.), (CNPJ n. 18.716.151/0001-06), is the owner of the Digisac® Platform (Software as a Service [SaaS]). This contract is established between Ikatec™ and the Client - referred to as “YOU”, “YOUR”, “YOURS” and identified in Annex I, which is a legal entity. The service allows YOU to send messages through various systems, including Telegram, SMS, Email, WhatsApp, Meta, Instagram, Google Chat-My Business, Facebook, Messenger, Reclame Aqui, and Web Chat.
By registering for a Digisac® account, YOU acknowledge that you understand these terms of use and sign the Agreement as a “Client”. ENSURE YOU HAVE THE NECESSARY AUTHORIZATION to enter into this Agreement on behalf of the company before proceeding. If you have any questions, contact us.
If the Client violates any of Ikatec™'s terms or policies (available at this LINK), Ikatec™ reserves the right to terminate the contract, suspend accounts, or prohibit access to accounts, with 72 hours' notice.
This contract confirms the provision of services. The payment venue is defined as the city of Bauru, State of São Paulo, Brazil.
The laws applicable to this contract are the Brazilian laws.
By using any feature of the Digisac® platform, including the website, the client acknowledges having read and agreed to comply with the terms and conditions set forth in these terms of use, as well as any future modifications. If the client does not agree with the obligations set forth here, they must immediately cease any use of the Digisac® platform and its functionalities. Additionally, YOU declare and warrant to Ikatec™ that you have the legal capacity to enter into this contract, which is binding.
1. DIGISAC® PLATFORM
1.1. The provision of the Digisac® Platform is conditioned upon the Client's acceptance and compliance with the terms of this Agreement. We will provide the Platform under the following terms and conditions:
(i) Compliance Statement: By using the Digisac® Platform, YOU declare that you have read, accepted, and are in compliance with all your obligations, including financial ones, related to third-party messaging platforms and integrated business applications.
(ii) Interoperability: YOU declare that you have taken all necessary measures to enable interoperability between the Digisac® Platform and third-party messaging platforms, as well as integrated business applications.
(ii) Interoperability: YOU declare that you have taken all necessary measures to enable interoperability between the Digisac® Platform and third-party messaging platforms, as well as integrated business applications.
(iii) WhatsApp Charges: YOU understand that WhatsApp uses conversation templates with pre-approved phrases, implying charges based on the CBP (Conversation-Based Pricing) set by WhatsApp or related Brokers.
(iv) Implementation Fees: YOU are aware that you will be responsible for paying non-refundable implementation fees for creating and connecting the official WhatsApp account. Ikatec™ will not be responsible for refunding or paying any amount if the account is not approved due to WhatsApp policies.
2. SERVICE MODIFICATIONS AND FEES
2.1. Ikatec™ reserves the right to modify, suspend, or discontinue the Service at any time, with or without notice, in case of changes in third-party platform policies or due to changes in legislation or the economy that make the service unfeasible or excessively costly.
2.2. We may change our fees periodically, see clause 7 and following.
2.3. We may update and modify the Terms of Use without prior notice for legal reasons or to improve the service, including the release of new tools. We will clearly inform on the website about any changes. By continuing to use the service, you agree to the updated Terms of Use.
3. TRADEMARK LICENSE
3.1. During the term of this contract, the Client grants Ikatec™ a non-exclusive, non-transferable, non-sublicensable, royalty-free license to use its trademarks and logos for advertising and promoting the Digisac® Platform. This authorization is subject to the Client's brand use guidelines. The Client may request the cessation of the use of its trademarks and logos if it considers that their display may significantly damage its image or reputation.
4. COPYRIGHT AND OWNERSHIP
4.1. We expressly reserve all rights, titles, and interests, including related rights, over:
(i) the Digisac® Platform and any other materials or content provided by Ikatec™, including any and all modifications, as well as all intellectual and intangible property rights in any of the foregoing items.
(ii) Digisac® is owned by Ikatec™. The Client may not copy, modify, reproduce, distribute, reverse engineer, decompile, or disassemble the software without written authorization. YOU also agree not to resell, duplicate, or exploit the Digisac® Platform, which is licensed for use and not sold.
4.2. Violation of Ikatec™'s intellectual, industrial, or copyright rights will result, in addition to the immediate termination of the contract, in legal penalties.
4.3. Ikatec™ does not claim intellectual, industrial, or copyright rights over the content provided by YOU, your clients, or any user in the Digisac® system.
Right to Use Some Data
4.4. YOU acknowledge and agree that we may store and transfer your data, including Personal Data, to subcontractors, solely for the provision of the services of this Contract, under our responsibility. We may also store and transfer non-identifiable or aggregated data for internal business purposes, such as quantitative analysis, quality assurance, product and service improvement, and the development of new products and services.
5. RESPONSIBILITIES AND PROCEDURES
Client Accounts
5.1. Administrator accounts. Upon the Client's request, we will issue one or more administrator accounts ('Manager Accounts') for exclusive use by the Client's employees or contractors, with the Client being responsible for access and responsibility for these accounts.
Access and Use of the Platform (Administrator Users)
5.2. Client Account. The Client must ensure that Administrator Users only use the Platform through their Client Account.
5.3. Unauthorized use. You must notify us immediately in case of any actual or suspected unauthorized use of the Platform. WE RESERVE THE RIGHT TO SUSPEND, DISABLE, OR DELETE ANY ACCOUNT IF IT IS BEING USED ILLEGALLY.
5.4. Privacy and security. YOU are responsible for maintaining the privacy and security of your accounts, systems, and devices, and we are not responsible for any damages or losses arising from failures to protect physical locations, systems, login information (including passwords), or remote access granted to third parties by you.
Usage Restrictions
5.5. YOU are responsible for the activities of your Users and Chat Participants on the Platform, ensuring compliance with third-party guidelines and policies (such as WhatsApp). This includes all activity and content sent to your account.
5.6. Ikatec™ reserves the right, without obligation, to remove or suspend Accounts that violate the Terms of Use or contain illegal material. Such removal may occur by court order, government determination, or at our own discretion. You will be notified at least 72 hours in advance, except when otherwise determined by a government authority.
5.6.1. Additionally, YOU agree not to perform the following actions:
- Send, upload, collect, transmit, store, use, disclose, or process data containing viruses or malicious software;
- Share false, misleading information, or impersonate another person;
- Post intimidating, offensive, abusive, obscene content, or that promotes violence, racism, discrimination, or physical harm;
- Share harmful content to minors;
- Violate third-party intellectual property rights;
- Interfere with servers or networks connected to Digisac®;
- Attempt to access the Platform unauthorizedly;
- Use reverse engineering, disassembly, or attempt to copy parts of the Digisac® software;
- Create competing products or services using Digisac®;
- Use Digisac® in a manner not permitted by this agreement.
Equipment and Online Maintenance
5.7. You commit to keeping your computers and phones always online and operational and having internet and network connections with adequate speed to meet your usage needs. If in doubt, contact us.
WhatsApp Usage Policy
5.8. WhatsApp terms and conditions. YOU declare adherence to the terms and conditions established by WhatsApp. WhatsApp may update its Business Policy without prior notice. By continuing to use WhatsApp products or services, YOU consent to the changes. WhatsApp policies can be accessed at the following page https://www.whatsapp.com/legal/business-policy/.
5.9. WhatsApp Commerce Policy. You must not infringe WhatsApp's Commerce Policy. You can see them on the page https://www.whatsapp.com/legal/commerce-policy/.
5.10. WhatsApp message limits. WhatsApp may add limits on the number of messages sent per day by businesses. YOU should be aware of this limit. You can see WhatsApp's policies on the page (https://developers.facebook.com/docs/whatsapp/api/rate-limits).
5.11. WhatsApp Message Template Approval. WhatsApp has the discretion to review, approve, or reject Message Templates at any time (as defined in WhatsApp's policies and documentation).
5.12. The client is warned that WHATSAPP DOES NOT OFFER A WAY TO BE NOTIFIED when a user blocks their sender or to retrieve a list of users who have blocked you.
Suspension and Ban
5.13. Suspension and Ban. Violation of WhatsApp policies may result in the suspension of your number. WhatsApp/META has the discretion to limit or remove YOUR access to products if YOU receive excessive negative feedback, cause harm to users, cause harm to WhatsApp itself, or violate or encourage others to violate WhatsApp's terms or policies. If YOUR account is terminated or suspended for these violations, WhatsApp may prohibit YOU or your organization from using its products again.
5.14. YOU acknowledge that, in cases of ban or inactivity of the number, costs associated with these numbers may be charged, according to WhatsApp or Broker policies. If in doubt, consult our attendants or item 7 of these terms of use.
5.15. Ikatec™ is not responsible for cases of Suspension and Ban. Any charges or additional costs resulting from WhatsApp's actions will be borne exclusively by YOU.
Service Activation and Client Responsibility
5.16. The activation of the Waba account is subject to the approval of the connection by WhatsApp. If approval is not obtained and results in a direct ban on the number, Ikatec™ does not guarantee the continuity of the service, as the ban is a decision of WhatsApp. If in doubt, consult our attendants.
Number in the WhatsApp Business App or Mobile WhatsApp App
5.17. WhatsApp number management. Once registered on the Digisac® Platform, if YOU adhere to a WhatsApp Business API, you will not be able to use the WhatsApp number in the WhatsApp Business app or mobile WhatsApp app. The client owns the phone number, but it will be managed directly by WhatsApp.
Duty to Keep the Number Active
5.18. It is important that YOU keep the cell phone number active. The loss of the number or inactivity of the number associated with the account will prevent the continuity of our service.
Number Reactivation
5.19. When possible, YOU must ensure the availability of the chip corresponding to the number associated with the Digisac® platform.
Account Approval Procedure Time and Use of Digisac® Platform
5.20. The number or account approval procedure is subject to a period of up to 30 (thirty) days, which may be extended as the situation warrants.
5.20.1. Usage charges. If YOU request cancellation after this period, we reserve the right to charge for the use of the platform from the contract signing, if it has been provisionally released for use, considering the need for time for the Waba process approval. For the use of the platform while awaiting account approval by WhatsApp, see clause 7 and following.
5.21. THE WHATSAPP ACCOUNT APPROVAL TIME DEPENDS EXCLUSIVELY ON WHATSAPP AND META, IKATEC™ HAS NO MEANS TO CHANGE THIS TIMEFRAME.
WhatsApp Verification and Integration Terms
5.22. WhatsApp requires evaluations, such as the Facebook Business Verification (https://www.facebook.com/business/help/2058515294227817?id=180505742745347), to ensure the quality of companies using its products. We are ready to help YOU with the registration and submission process. These requirements are mandatory to use the WhatsApp Business API and our platform. WhatsApp has the freedom to approve the use of its products.
5.23. By using our Platform, YOU agree to provide the prerequisite documents required by WhatsApp and Facebook (META).
WhatsApp Message Policy
5.24. Changes in acceptable message types and related policies are made by WhatsApp. WhatsApp has the right to review, approve, and reject any Message Template at any time.
5.25. Templates defined by WhatsApp. WhatsApp requires YOU to initiate a conversation with a transactional notification in the Message Templates approved by it. Each template has its price. Templates must follow WhatsApp's rules and be used for the predetermined purpose.
Automation and Human Attendants
5.26. YOU can use automation when responding during customer service hours, but you must also have quick, clear, and direct escalation paths available for human attendants.
6. SUPPORT
6.1. YOU will have access to technical support from 8:00 am to 6:00 pm (GMT -3) from Monday to Friday:
(i) by email support@digisac.com.br;
(ii) by phone +55 14 3103 7800 or WhatsApp +55 14 3103-7800;
(iii) or web chat on the page www.digisac.com.br, from Monday to Friday (except holidays) from 08:00 am to 06:00 pm.
6.2. The average response time is 120 (one hundred and twenty) minutes from the opening of the call. In cases of fortuitous events or force majeure, this time may be exceeded, in which case we will notify the Client providing a forecast for service.
Maintenance
6.3. The maintenance service of the Platform is to provide updated versions of the Digisac® Platform, corrections of identified problems, and adjustments in general as technological evolution demands.
SLA - Service Level Agreement
6.4. For WABA connections, we commit to making the Platform available at levels not lower than 98.5% of SLA - Service Level Agreement - of daily hours; and 92.5% of daily hours for other connections, except in cases of third-party service inconsistencies such as WhatsApp, or in fortuitous cases or force majeure.
6.5. Periods when WhatsApp, Meta, Facebook, as well as Brokers 360dialog, Positus, and Gupshup, or Cloud providers (such as AWS, Digital Ocean, Oracle, CloudFlare, and Contabo) are unavailable or experiencing instabilities in their platforms will not be considered for the calculation of service level downtime.
6.6. If intermitences occur on the Digisac® platform, we commit to making every effort to resolve the issue. During this period, we will notify the Client about the issue and provide the appropriate Technical Support.
7. FEES AND PAYMENTS
7.1. Payments must be made in Brazilian Real.
7.2. Each plan offered has a specific value. The characteristics of each plan will be detailed in the Commercial Proposal sent to your registered email or via Web Chat.
7.3. The Client will be responsible for payment for the use of the Digisac® platform. The applicable amounts will be detailed in the Commercial Proposal, according to the plan chosen with our attendants or contracted directly through the website www.digisac.com.br, for the selected period.
7.4. Amounts will be charged as per the Commercial Proposal, by credit card, cash, or bank slip, 10 days before the due date.
7.5. Subscription fees are charged in advance, while usage fees are charged monthly after usage. Payments are non-refundable.
7.6. YOU must observe the due date to avoid charges, fines, and other penalties for default.
Rate Adjustment
7.7. We may change our fees, notifying you by email 30 days in advance. In the case of monthly subscription renewal, the updated or requested rate will be automatically applied. In the case of an annual subscription, there will be an adjustment on the contract anniversary, and if there are no other changes in prices and fees, the adjustment by IPCA (National Consumer Price Index) will be applied, if positive.
Questions About Charges
7.8. If YOU have any questions about a charge, contact our attendants.
Taxation and Compliance
7.9. This contract does not create joint liability, partnership, or employment relationship between the Parties. The Parties will be responsible for the charges and tax obligations as established by the legislation. The Parties commit to fully comply with labor and social security laws applicable to their respective employees and businesses.
Non-Use or Underuse of the Platform
7.10. Non-use or underuse of the Digisac® Platform does not suspend or reduce the amount due and does not entitle a refund of amounts.
Plans and Data Flow
7.11. The base plan includes basic servers for a low volume of messages, videos, sounds, and images. If YOU need to use a large amount of information/data, you should choose an appropriate plan or upgrade your plan.
Data Quantity and Performance Issues
7.12. If we notice that your current plan does not support the amount of data being sent or received in your account, we will notify you of the need for updates. Any additional costs will be communicated in advance. If you choose to accept the proposed updates, they will be implemented, potentially resulting in an increase in your monthly fee. If in doubt, contact our attendants.
To Change Your Plan
7.13. To change your plan, perform upgrades, downgrades, or update servers, you can do it directly through the Platform, accessing your administrator account, or request support from our attendants. Modifications may result in an increase in your monthly fee. Any additional costs will be informed in advance. If in doubt, contact our attendants.
Hiring More Than One Plan
7.14. Charging for each plan. If you wish to hire more than one plan, THE EXISTING PLANS WILL REMAIN ACTIVE, and the monthly fees for each must be paid normally.
7.15. Requesting cancellation. To cancel a contract, it is necessary to request cancellation 30 (thirty) days in advance. If there are overdue amounts on your current plan, it will be necessary to settle these pending installments before hiring a new plan.
Hiring an Official Plan and WhatsApp Charging During the Process
7.16. If YOU are acquiring an official WhatsApp Business API plan (WABA), regardless of whether you already have an active contract or not, it is important to know that WhatsApp will charge the monthly fee, EVEN DURING THE OFFICIAL ACCOUNT ENABLEMENT PROCESS. This charge will occur even if YOU do not access the platform. We emphasize that we have no control over this charge, as we cannot change WhatsApp's billing policies.
7.17. During account configuration and official account approval request, WhatsApp, Meta, Facebook, or Broker chosen by YOU may charge fees. These amounts are defined exclusively by these companies and are your responsibility.
Access to the Digisac® Platform While Awaiting Official WhatsApp API Approval
7.18. If you wish to use the Digisac® Platform while awaiting official WhatsApp API approval, it is necessary to consult our attendants to assess the feasibility of the contract, considering details such as plans, payment methods, deadlines, and amounts.
No Refunds or Credits
7.19. No refunds or credits will be granted for partial service periods, upgrades, or downgrades, or for unused or underutilized months, even if the account remains inactive. To treat all customers fairly, no exceptions will be made to this policy.
7.20. The payment obligations established in this contract are not subject to any right of offset or withholding.
Monthly Fee: Default, Charges, and Penalties
7.21. In case of delay exceeding 5 (five) days in payment, we reserve the right to PARTIALLY OR FULLY SUSPEND THE SERVICES of Digisac®, including access to the Platform, until the amount is settled.
7.22. In case of delay in paying the Digisac® Platform monthly fee, there will be a LATE FEE of 2% (two percent), INTEREST of 1% (one percent) per month, calculated pro rata die, and MONETARY CORRECTION by IPCA.
Account Deletion for Default
7.23. You are warned that IF THE DELAY PERSISTS FOR MORE THAN 30 (THIRTY) DAYS, THE CONTRACT WILL BE AUTOMATICALLY TERMINATED, AND YOUR ACCOUNT WILL BE DELETED.
7.24. Deleting your Account will result in the loss of access to it and the irreversible loss of all associated content. Deleted data cannot be recovered after the account is closed or deleted.
Templates and Fees Set by WhatsApp and Taxation
7.25. The fee amounts are set by WhatsApp. Message sending must follow the Template categories determined by WhatsApp (CBPs). These fees will be charged according to WhatsApp's price table, which can be accessed at the following links: https://developers.facebook.com/docs/whatsapp/pricing and https://developers.facebook.com/docs/whatsapp/updates-to-pricing. Depending on the form of contracting, it may include taxes. If in doubt, contact our attendants.
Ikatec™ as Intermediary
7.26. If YOU choose Ikatec™ as an intermediary between you and the partner Broker (WhatsApp 360dialog GmbH - [https://www.360dialog.com], Positus - [https://positus.com.br], or Gupshup - [https://www.gupshup.io/pt]), we will charge YOU the corresponding fees for the messages sent, according to the values set by WhatsApp or Broker, plus applicable fees and taxes.
Direct Contracting with the Broker or WhatsApp API
7.27. If You choose to contract directly with the Broker or with the WhatsApp API, they will be responsible for sending and charging the values of the messages sent (CBPs). These values will be charged directly by the Broker or WhatsApp and must be paid directly to them.
Variable Costs of the Message Template
7.28. You acknowledge that you are RESPONSIBLE FOR THE VARIABLE COSTS OF THE MESSAGE TEMPLATE (CBPs), which are defined and invoiced directly by META or the chosen Broker.
7.29. According to WhatsApp's policy, if your client initiates a conversation, it will be charged by WhatsApp and can continue for up to 24 hours (Customer Service Window). After this period, messages can only be sent through pre-approved Message Templates by META (CBPs), subject to appropriate fees.
Third-Party Messaging Platform Fees
7.30. Digisac® fees and amounts do not include charges levied by third-party messaging platforms (such as Google, Telegram, Microsoft 365, Instagram, Twitter [now 'X']) for access or use of specific channels. If these charges are applied, they will be your responsibility, either paying directly to third-party messaging platforms or through reselling by us.
7.31. If a third-party messaging platform requires special requirements beyond API integrations, such as exclusive hosting terminals, the corresponding charges will be the Client's responsibility, if applicable. The Client may accept or reject these charges and, in case of rejection, not use the associated channel.
WhatsApp Green Checkmark Verification
7.32. The Green Checkmark integration fee, which verifies the Client as an authentic brand and account owner on WhatsApp, is non-refundable. WhatsApp has the freedom to grant this mark (link https://developers.facebook.com/docs/whatsapp/guides/display-name/).
8. LIMITATION OF LIABILITY
8.1. Under no circumstances will Ikatec™'s total liability arising from this contract exceed the amounts paid by the client in the 12 months immediately preceding the event that generated the claim, or exceed R$10,000.00 (ten thousand reais), regardless of the license granted. The existence of one or more claims under this contract will not increase this maximum liability limit.
8.2. To the maximum extent permitted by law, Ikatec™ will not be liable for any:
(I) Indirect, collateral, or incidental damages;
(II) Economic loss;
(III) Business interruption;
(IV) Costs related to acquiring substitute products or services by the Client;
(V) Cybercrimes committed by third parties.
9. TERMS AND TERMINATION
9.1. Ikatec™ makes no warranties regarding (i) the Client's ability to use the Service, (ii) the Client's satisfaction with the Service, (iii) that the Service will be available at all times, uninterrupted (except for the SLA defined in these terms of use and as per the contracted plan), (iv) that errors or failures in the Service will be corrected in case of new technologies that replace the current ones. IF YOU ARE NO LONGER SATISFIED WITH THE SERVICE, YOU MAY TERMINATE THE CONTRACT, according to these terms of use.
Term
9.2. This Contract will come into effect on the date of its signing and remain in effect until terminated in accordance with these terms of use.
Termination for Convenience
9.3. Either Party may choose to terminate the Contract by providing written notice 30 (thirty) days in advance. Unless this Contract and the subscription are terminated, it will be automatically renewed for a period equivalent to the expiring term. The parties are obliged to keep their addresses updated under penalty of substantial contractual breach.
9.4. The client is responsible for properly canceling their account. Termination will occur, in any case, BY EMAIL REQUEST for account cancellation. Any account termination WILL RESULT IN DEACTIVATION OR DELETION OF THE ACCOUNT, AS WELL AS THE LOSS OF ALL ITS CONTENT.
Other Reasons for Termination
9.5. This contract will be automatically terminated if either party a) enters into bankruptcy proceedings, b) requests judicial recovery, c) has its insolvency requested by any means, or d) substantially breaches the obligations established in this contract.
10. POLICIES AND DATA PROTECTION
10.1. YOU declare knowledge of our policies: Terms of Use, Privacy Policies, Code of Ethics, Anti-Corruption Policy, Data Protection Policy; and declare adherence to them, accessible at any time.
10.2. Digisac® temporarily retains certain data for practical reasons essential to fulfill the contract and legal obligations, including issuing invoices, tickets, service notifications, verifying valid digital signatures, creating contracts, URLs, and system users.
Sharing with Third Parties
10.3. User data is not shared by Ikatec™.
10.4. If the administrator user (You) shares data with third parties, it is responsible for informing the holders, ensuring compliance with the LGPD, and assuming post-transmission security incidents. We respond only for our platform.
10.5. The Parties must follow the regulations of the channels such as WhatsApp, Telegram, etc., especially in automatic messages and third-party data collection.
10.6. Ikatec™ does not share confidential data unless by court order.
Confidentiality
10.7. The Client is responsible for creating and securing their passwords, usernames, and security access to their equipment.
Compliance with Laws
10.8. The Parties must comply with the regulations of Data Protection in force and must not intentionally cause violations of these regulations against the other Party.
Limitations on Data Use
10.9. The Parties may only process Personal Data for specific purposes, unless otherwise provided by law. If an instruction violates Data Protection legislation, the responsible Party for data processing must be informed immediately.
Confidentiality
10.10. The Parties must maintain the confidentiality of Personal Data and require the same from all employees. Access to or disclosure of Personal Data will only be allowed when strictly necessary for the specific fulfillment of the contract or government authority order.
Good Practices
10.11. The Parties must adopt good security practices to prevent unauthorized access, as well as avoid accidental or unlawful situations of destruction, loss, alteration, or improper disclosure of data, implementing appropriate technical and organizational measures to protect Personal Data.
10.11.1. It is publicly known and accepted worldwide that, despite efforts to maintain the security of computer systems, no system is infallible and immune to potential cyber threats. Both parties commit to acting in good faith and maintaining transparent communication regarding any security incidents that may affect the integrity of data or system performance, complying with the regulations issued by the National Data Protection Authority.
10.11.2. The Parties will not be responsible for events resulting from cybercrimes, as long as both have adopted reasonable measures to prevent such incidents. In the event of such incidents, the parties commit to cooperating in investigating and mitigating the impacts, seeking resolution in an ethical and effective manner.
Support
10.12. Controller (YOU) and Operator (We) must support each other in Data Processing, including responding to Data Subject requests, Data Breach notifications, data protection impact assessments, among others.
Notification of Requests or Complaints
10.13. The Parties must notify the Data Controller of any requests or communications from authorities related to the Personal Data processed, within a reasonable timeframe and without undue delay or beyond the deadlines provided by law.
Return or Deletion
10.14. Access Control and Audit. The licensed system contains access control and log generation mechanisms for auditing, ensuring the traceability of actions performed on the platform. These technical and security measures allow the control of platform use and the detailed identification of activities carried out, in compliance with current data protection and privacy regulations.
10.14.1. The logs will be used exclusively for auditing and security purposes, with access restricted to authorized personnel of the Contractor, except when formally requested by the Contractor or competent authorities for incident investigation.
10.14.2. Unless prohibited by Law, YOU may request the deletion of existing data in the Platform system. This deletion is subject to the exceptions provided in the applicable legislation, such as the need to fulfill legal or regulatory obligations. The data to be deleted does not refer to access control and log data.
10.14.3. After deletion, the data is no longer recoverable.
Security-Related Incident
10.15. The Party must notify the Data Controller of any security incident involving personal data, in accordance with ANPD regulations and applicable legislation. Additionally, the Party must immediately implement necessary measures to mitigate the impacts of the incident.
Data Breach Notification
10.16. When the Parties become aware of a data breach involving personal data they process, they must take the following actions:
- Identify which specific data were affected by the breach, so that appropriate measures can be taken.
- Inform themselves about the damage mitigation measures that have been or will be taken by the organization responsible for the breached data.
- Identify and take the necessary measures you, as the data processing agent, must take in accordance with ANPD (National Data Protection Authority) and LGPD (General Data Protection Law) guidelines or the organization responsible for the data.
- Record the dates related to the potential breach and keep updated on any communications or news related to the incident.
- Immediately change exposed passwords to ensure the security of affected accounts.
- Keep your equipment properly secured.
- Keep the operating system of your computers and applications updated to ensure the security of the information stored on the equipment.
- Use appropriate security mechanisms to protect your devices against cyber threats.
- Monitor your equipment's activities, especially the list of running programs, and act promptly in case of processes or activities considered strange or suspicious.
In these cases, all communication to Ikatec™ must be made to the email address: dpo.ikatec@ikatec.com.br.
11. BACKUP
11.1. It is your responsibility to regularly back up your data, if applicable. We do not provide backup service by default. If you need this service for active contracts, contact our customer service at least 30 days before the contract ends to request the backup. The backup service is additional and may involve costs. This service will not be available for delinquent or already terminated contracts.
12. GENERAL CLAUSES, JURISDICTION, AND SIGNATURE
12.1. Electronic Signature. The Parties agree that this agreement may be signed electronically. Signatures made through the platforms 'Clicksign' (www.clicksign.com.br) or 'DocuSign' (www.docusign.com.br) are considered valid, according to Art. 10, §2º, of MP 2200-2/2001, provided they are sent to email addresses with the company domain.
12.2. Confidentiality. All data and information exchanged between the parties or provided by one to the other will be considered confidential, unless they are in the public domain or have been lawfully obtained by other means. This information will remain confidential for 5 years from the termination of the contract. Violation of this confidentiality obligation will result in the infringing party being obliged to indemnify the injured party for the directly caused damages, observing the limits provided in this agreement.
12.3. Annex, contracting party data, and Commercial Proposal. All information about the contracting party, prices, plans, terms, fees, and means of contact will be in Annex I (Commercial Proposal), an integral and inseparable part of this agreement.
12.4. Jurisdiction. Any disputes about this contract will be submitted to the Court of the District of Bauru, State of São Paulo, Brazil, regardless of any other privileged jurisdiction.
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