TERMS OF USE AND GENERAL CONDITIONS OF THE SMARTSPACE WEBSITE AND MARKETPLACE
By browsing, purchasing and using products and/or services from Smartspace, a legal entity governed by private law, registered with CNPJ: 06.126.611/0001-67, with registered office in João Pessoa, Paraíba, Brazil, the User confirms that he/she has read, understood and agrees to comply with the following terms and conditions ("Terms of Use") and Smartspace's Privacy Policy, in addition to all applicable laws and regulations. If you do not agree to these Terms of Use, we recommend that you refrain from browsing our website or purchasing the products displayed in our Marketplace.
By accepting these terms of use, you acknowledge that you have read and understood their content, that you accept their terms and conditions and agree that you have freely and spontaneously bound yourself in full to their conditions, as well as to Licensor's privacy policy.
With over 19 years' experience in the market, we are dedicated to offering intelligent, technological solutions. Our approach involves the integration, monitoring and management of various information channels, with the aim of raising quality and optimizing efficiency in the services provided by companies.
INITIAL CONSIDERATIONS
The "Smartspace" Terms of Use are the document in which we establish the rules and conditions for using the site, Marketplace and the services offered. These terms cover aspects such as intermediation, contracting, access, navigation and use of the site. It is also important to note that the provisions of the Privacy Policy and the Copyright Protection Policy also apply to these Terms of Use. Each service offered by Smartspace has specific terms of use, which we recommend you read carefully before making any purchase.
1.1 Depending on the Digital Media used, the User may find in the Marketplace:
(i) products and/or services in general, provided and owned by Smartspace partner companies (respectively "Products and Services" and "Partner Companies"). Smartspace may present Users with the Products and Services of Partner Companies in the Marketplace, even if some of them can only be purchased in the Logged In Environment, at Smartspace's discretion;
1.2 Smartspace is not the owner or supplier of all the Products and Services offered on the Marketplace. Depending on the product, Smartspace is solely responsible for providing space on the Digital Media for Partner Companies to advertise them to Users, and for purchases finalized directly on the Marketplace, processing the financial transactions relating to their acquisition.
1.2.1 It is up to the User to choose, at his or her discretion, from among the various options of existing Partner Companies, from which he or she wishes to purchase Products and Services.
1.2.2 The User is aware that Smartspace has no interference or responsibility in relation to the commercial activities, products and services provided by the Partner Companies, nor is it responsible for establishing or enforcing the rules of the offers announced by them, so that Smartspace's actions are limited to making space available to the Partner Companies in its Marketplace to advertise their Products and Services. The Partner Companies are therefore fully responsible for the freight, delivery, quality, operation and suitability of the Products and Services.
USE
Smartspace offers a comprehensive set of solutions for companies. This includes collaboration (Customer Employee), contact center (CCaaS), customer relationship management systems (Customer Engagement), unified communication tools (UCaaS) and integration with the market's main APIs and service channels, to connect businesses to success.
2.1 The Marketplace will operate on technological devices owned by the User, such as cell phones, smartphones, computers and tablets, inside or outside the Logged In Environment, as applicable ("Devices"). Thus, Users wishing to consult the Partner Companies' Product and Service offers must access and, if applicable, log in to the Digital Media in order to select the respective Marketplace functionalities of their interest, as set out herein.
2.1.1 Smartspace shall not be liable for any damage, harm or loss suffered by the User as a result of failure of the Device, or the internet, systems or servers used by the User.
2.1.2 Smartspace shall not be liable for any loss or damage suffered by the User caused by viruses, malicious programs or technical inaccuracies as a result of accessing the Partner Companies' websites and/or Digital Media.
PRODUCTS AND SERVICES
3.1 The Products and Services offered in the Marketplace can be purchased by Users (i) directly in the Marketplace environment, but under the responsibility of the Partner Company; or (ii) through the Partner Company's website, without any interference from Smartspace, when links and images are made available that, with the click, redirect Users to the Partner Companies' environments ("Redirected Purchase").
3.2 Conditions of Purchase of Products and Services. The User acknowledges that the Partner Companies are responsible for establishing the conditions of purchase of the Products and Services - such as price, delivery conditions and rates/values, warranty, return, and refund, and it is also the Partner Companies' responsibility to indicate the expiration date in a clear and transparent manner to the User, in accordance with applicable legislation), and Smartspace shall not be liable for any damages or losses caused.
3.3 Delivery and Support: The delivery and support of the Product or Service purchased will be carried out solely and exclusively by the Partner Company, with Smartspace having no responsibility for delivery.
3.4 Exchanges, Returns and Cancellations. Exchanges, returns and cancellations comply with the following rules:
(i) In Redirected Purchases, i.e. made directly on the Partner Company's website, the exchange, return or cancellation procedure, as applicable, is the full responsibility of the Partner Companies, and Smartspace has no knowledge of the process or its status.
(ii) In the case of purchases made and finalized through the Marketplace, the User may cancel the purchase through Digital Media, and this cancellation process will be intermediated by Smartspace.
3.5 Cancellation: The deadline for cancellation may vary, depending on the Product and Service and their respective regulations, and, unless there is a specific rule to the contrary, the deadline provided for in Law No. 8.078/1990 (Consumer Protection Code), which is up to 7 (seven) calendar days from the 1st (first) day following (i) receipt by the User of the Product; or (ii) contracting of the Service by the User. The User acknowledges that the procedure for exchanging Products and Services purchased directly through the Marketplace environment depends on the availability of this alternative by the Partner Company, and Smartspace has no control over this viability. If the Partner Company does not offer this possibility, the User acknowledges that he/she may cancel the order followed by a new purchase.
3.6 Chargeback. Reversals to be made in cases of returns and cancellations, or any other hypothesis, of Products and/or Services, under the terms of the previous Clause, respect the following rules:
(i) In the event of a refund relating to the return or cancellation of a purchase made directly in the Partner Company's store, i.e. Redirected Purchases, the Partner Company is solely and exclusively responsible, and Smartspace has no knowledge of the process or its status; and
(ii) In the event of a chargeback relating to the cancellation of a purchase made directly on the Marketplace, Smartspace will carry out the chargeback, but subject to the deadlines, processes and approval policies of the Partner Companies. In these cases, the amount paid for shipping is only included in the chargeback when the purchase has been completely canceled.
3.7 Payment for Products and Services. Users who purchase Products and Services published on the Marketplace will pay the stipulated amounts as follows:
(i) in the case of Redirected Purchases, solely and exclusively through the websites of the Partner Companies, by the means of payment freely chosen by them, the User recognizing that Smartspace Marketplace will not intermediate the payment of the Products and Services acquired by Users in Redirected Purchases, thus having no responsibility for the processing and/or settlement of this payment; and
(ii) in the case of a purchase made directly on the Marketplace, it shall be made by the means of payment chosen and made available by the Marketplace at its discretion,
(iii)In the case of purchases made directly on the Marketplace, the guarantee of the purchase is given with the confirmation of payment, cumulated with the sending of the order confirmation e-mail sent by Smartspace.
Imported Products and Services. Some Partner Companies may offer imported Products and Services on the Marketplace. The User is aware that Smartspace Marketplace has no interference or responsibility in relation to the import of Products and Services. The User and the Partner Companies are fully responsible for the import, including the calculation of the final price of the imported Product and Service.
In the event of the import of Products and Services, the User acknowledges that, for all intents and purposes, he/she will be considered the importer and solely responsible for the international purchase made, the User acknowledges that the Brazilian Federal Revenue Service has the right to bar imported Products and Services in order to verify and confirm the value of the Product.
When purchasing international Products and Services, the User acknowledges and guarantees that: (i) he/she will be the importer of the Product in Brazil; (ii) the Product is being imported for his/her own use, without the purpose of resale and/or distribution; (iii) he/she will assume responsibility for all costs and taxes related to the import, as well as any extraordinary costs due to the import or inspection by the Brazilian Federal Revenue Service; (iv) he/she will be solely responsible for verifying that the conditions and specifications of the Product, in particular whether it is compatible with the conditions of use in Brazil; and (v) he/she is aware that delivery times may be affected as a result of the import process.
Cancellation and refund conditions follow the provisions of Clauses 3.5 and 3.6 above.
3.9. Purchase of Products and Services by Legal Entity Users. As established in these Terms of Use, legal entities that are considered to be Users may purchase Products and Services through the Partner Companies' Digital Means.
3.9.1 . In these cases, any additional tax obligations and/or charges may be applicable, so that the User interested in this negotiation with must be aware of and comply with the rules/legislation applicable. Failure to comply with this obligation may result in the User being suspended from the Digital Media and/or any Smartspace service.
RESPONSIBILITIES AND DECLARATIONS
4.1. The User shall be solely and exclusively responsible for the choice and selection of the Products and Services they wish to purchase, as well as for the correct, due and timely payment of the Products and Services purchased from the Partner Companies.
4.2. Smartspace shall not be liable for any damages arising from the breach of confidentiality by the User of any of its security devices under the User's responsibility, including, but not limited to: (i) passwords; (ii) electronic signatures; (iii) access codes; or (iv) redemption codes, as applicable.
4.3. The User declares:
(i) acknowledge that it may use all the services made available in the Marketplace, as applicable and under the terms of the availability offered by Smartspace in each Digital Medium, provided that the established guidelines and age range are respected;
(ii) be fully aware that the Products and Services, despite being published on the Marketplace, are the property of the Partner Companies, recognizing that Smarspace does not sell or provide any of the Products and Services published on the Marketplace, acting only as an intermediary;
(iii) be fully aware that the Partner Companies are solely responsible for the stock, characteristics and functionalities of the Products and Services advertised on the Marketplace;
(iv) be fully aware that Smartspace is not responsible for the quality, functionality, form and characteristics of the Products and Services provided by the Partner Companies;
(v) acknowledge that Smartspace does not warrant that the Digital Media will operate free of errors, interruptions, malfunctions, delays or other imperfections;
(vi) acknowledge that Smartspace has no control over the websites and platforms of the Partner Companies, which have their own data privacy rules and policies;
(vii) acknowledge that Smartspace shall not be liable for any damages of any nature whatsoever that may be incurred as a result of the access, interception, deletion, alteration, modification or manipulation by unauthorized third parties of the files and communications transmitted through the Digital Media;
(viii) acknowledge that in the event that the prices of the Products or Services displayed on the Digital Media are erroneous and evidently disproportionate to the price of the product or service on the market in general, provided that this is due to technological and/or operational reasons, the Partner Companies may cancel the purchases/orders made of Products or Services with said prices, at their own discretion and with complete autonomy, and Smartspace cannot be held liable in this regard
(ix) be fully aware that the Partner Companies are solely responsible for calculating the amounts relating to payments for the purchase of Products or Services, which, in Redirected Purchases, will be made directly on the Partner Companies' website;
(x) recognize that the Partner Companies are responsible for issuing and making available the Invoice;
(xi) be fully aware that it is forbidden to use the Marketplace to (i) resell its Products or Services; (ii) obtain a list of products, description or prices; (iii) any data collection, robots or any other data extraction tools;
(xii) authorize Smartspace to send you electronic notifications, including, but not limited to, push messages via Digital Media, mobile messages and emails, with information regarding the Partner Companies' Products or Services; and
(xiii) have read, understood and accepted the content, terms and conditions of these Terms of Use and may not, under any circumstances, claim to be unaware of them.
DISCOUNTS AND BENEFITS PROGRAMS
5.1 Discount Coupon. The Marketplace may grant Discount Coupons to Users, in accordance with the conditions set out in these Terms of Use, as well as in other applicable policies, rules, regulations and guidelines, all of which are available on the Digital Media. The Discount Coupon consists of the granting, to the User, of promotional codes, which will be made available by the Partner Company and disclosed by Smartspace Marketplace on the Digital Media and which, in order to become valid, must be entered by the Users, as applicable, in specific fields (i) of the Digital Media; or (ii) of the Partner Companies' websites, in the case of Redirected Purchase, when purchasing Products or Services. Once entered, said coupons will grant the User discounts calculated on the total value of said Product or Service.
5.1.1 All Users wishing to purchase the Products or Services offered in the Marketplace shall be entitled to use the Discount Coupon, upon acceptance of these Terms of Use, provided that it is applicable, under the terms of Clause 1.1.1.
5.1.1.1 It is at the discretion of the Partner Companies to define, among other things: (i) the offers that are eligible to receive additional discounts, (ii) the specific rules for activating the Discount Coupons (iii) the value that each Discount Coupon will represent, (iv) the validity period of each Discount Coupon and (iv) the quantity of Discount Coupons available per Product or Service.
5.1.2 The Discount Coupon may have its validity suspended or terminated at the discretion of Smartspace Marketplace, without any rights of complaint on the part of the User.
5.1.3 The use of the Discount Coupons will be valid only for the Products or Services previously selected by Smartspace Marketplace, leaving the other Products or Services offered by the Marketplace in the Marketplace, other than those previously selected, ineligible for the application of the Discount Coupons.
SITE USER CONDUCT GUIDELINES
By using the site, the User agrees not to duplicate, copy, commercialize or exploit any part of the site for commercial purposes. In addition, the User undertakes not to participate in activities that could be considered criminal or that could result in civil liability.
The User also undertakes not to impersonate any other person or entity, including but not limited to "Smartspace" or any of its employees. The User undertakes not to make false statements or misrepresent in any way their association with any person or entity.
6.1 Communication with the client
The User declares that the name, e-mail address and telephone number informed to "Smartspace" through forms and means are equally effective, valid and sufficient for receiving communications related to their purchased service, as well as for information on cancellation or suspension of use of the product or service. The User also acknowledges and authorizes the use of the data provided as an effective, valid and sufficient means for the dissemination of matters related to the contract, including in relation to any price adjustments or changes to functionalities and storage limits.
6.2 Prohibited conduct when using the website
The User undertakes to use the site in an honest manner, with no intention of committing illegal acts or harming third parties. They also undertake not to do any of the following:
(a) economically exploit the information on the site in any way, including distributing, reproducing, modifying, selling, renting, its data, information, source code, trademarks, related copyrights, or any other content provided by "Smartspace", unless you have prior written authorization from "Smartspace"
(b) create any derivative works or translations of the Platform;
(c) attempt to decipher, decode, disassemble, reverse engineer, or deduce any part of the source code, underlying idea, or algorithms related to the Platform;
(d) test the vulnerability of any system or network related to the Platform;
(e) damage, limit or interfere with the proper and normal function of software, hardware, tools or equipment related to the Platform;
(f) interfere with the normal functioning of the Platform, including by sending or transmitting any malicious file containing viruses, worms, Trojan horses or any other kind of programming or command that may contaminate, destroy or interfere with the proper functioning of the Platform;
(g) violate or circumvent "Smartspace" security and/or authentication measures to restrict or prevent access to tools, accounts, systems and networks related to the Platform; and
(h) use the contracted services for the purpose of violating Brazilian and US legislation, for the purpose of causing damage to third parties or for the purpose of storing documents that are related to civil or criminal offenses.
INTELLECTUAL PROPERTY AND COPYRIGHT
The User understands and agrees that the Terms of Use and the use of the Marketplace do not grant him any rights, including copyright and industrial property rights, in the platform, its functionalities, services or any related material. This includes trademarks, logos, images, sounds, photos, documents, texts or other available elements. The User also acknowledges that they may not use or allow the use of these materials and contents without the express authorization of the rights holder.
The set of elements present on our websites, such as texts, images, trademarks, logos, icons, user interfaces, sounds, music, videos, works of art, software and computer code, which together form the "Content", are owned by or licensed to us. This Content is protected by various copyright, trademark, trade dress and intellectual property laws.
PRIVACY AND SECURITY
When you want to get a quote, talk to a consultant or sign up to be a partner, you will need to provide some personal data. "Smartspace By Digivox" undertakes to correctly store this data and other data pertinent to the business relationship, during the contractual term and after its possible termination in order to comply with the legal or regulatory obligation of the controller, respecting the legal deadlines for storing such data, in accordance with the General Data Protection Act (LGPD), General Data Protection Regulation (GDPR) and California Consumer Privacy Act (CPA).
For more information or requests about how your data is handled, please visit our Privacy Policy or contact us at dpo@smartspace.us.
IMPROPER REPRODUCTION OR COMMERCIALIZATION OF SMARTSPACE SOFTWARE
If the User copies or sells the software provided by Smartspace without authorization, this infringes intellectual property rights. In this case, you may be held criminally or administratively liable, as well as being subject to compensation for any damages.
COMPLIANCE WITH LEGISLATION
By purchasing a product or service, both parties agree to comply with all applicable laws, rules and regulations relating to the performance, access and use of the services. This includes export, privacy and data protection laws and regulations. In addition, each party declares that it is not included on any list of parties embargoed by the US government. The Client also undertakes not to allow its users to access and use the services or content in a manner contrary to the LGPD, the GRPD, the California Act or any other US legislation. If necessary and in accordance with applicable law, we cooperate with local, state, federal and international government authorities in connection with the Services. Regardless of other provisions in the Terms, we reserve the right to immediately terminate the agreement in the event of non-compliance with applicable laws.
CHANGES IN TERMS
Although changes can occur at any time, you will be informed by means of a notice at the top of the page, which will always be updated to indicate the date of the last change.
In addition, we reserve the right to change or discontinue any aspect, service or feature of the Sites at any time, including, but not limited to, the content, availability and equipment required for access or use.
QUESTIONS AND CONFLICT RESOLUTION
If you have any questions about these Terms of Use, please send them to dpo@smartspace.us. In addition, to resolve any conflicts, we are always open to dialog and you can contact us through this support. If it is not possible to reach a consensus, any dispute can be resolved in the João Pessoa/PB Court.
FINAL PROVISIONS OF THE TERMS OF USE
The user attests to having read and fully understood all the terms and conditions of this contract. It is important to note that even if any part of these Terms of Use is deemed invalid or unenforceable, the remaining provisions will remain in full force and effect. Furthermore, said section will be interpreted in a manner consistent with the applicable legislation, seeking to reflect, as far as possible, the original intention of the parties involved.
