Terms of Use

Updated at December 2017

These Terms and Conditions of use of the Website (“Terms and Conditions of Use”) regulate the use, access and navigation of the Websites www.getasapp.com.br, www.getasapp.com (“Website”), and, consequently, the use of services offered through the Website (“Services”) by D-WINGS DESENVOLVIMENTO LTDA. (“D-WINGS”), a limited corporation registered under Brazilian law at Alameda Joaquim Eugenio de Lima, nº 1.250, CJ. 83, Jardim Paulista, CEP 01403-002, São Paulo, in the state of São Paulo, Brazil, to users (“User or Users”) of the Website in accordance with D-WINGS’ Security and Privacy Policy.

The Website is available for navigation and the Services of D-WINGS will be provided on the condition that the User agrees to the Terms and Conditions of use referred to in this document. If the User does not agree to the Terms and Conditions of use, he or she should not use the Website. By accessing the Website, the user adheres to and accepts the conditions contained in this document and cannot claim ignorance.

Please read this document carefully before using the Website and/or use the Services.

ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE IS ABSOLUTELY INDISPENSABLE TO THE USE OF D-WINGS DESENVOLVIMENTO LTD’s WEBSITE AND TO THE USE OF THE SERVICES OFFERED THROUGH THE WEBSITE.

For the purposes of these Terms and Conditions of Use, the meanings of words of a particular genre should, whenever possible, be interpreted in the same way as their meanings in the opposite genre, as well as words in the singular to the plural.

1. SERVICES

1.1. The Services offered by D-WINGS consist of the use of the Website to develop software (an “Application”) which allows Users to transform user-supplied data and files into customized electronic applications for their own use in a way that best suits them.

1.1.1. Applications can be developed for the following platforms: 1) IOS 7.1 or higher and 2) Android 4.1 or higher. With respect to 1), applications can be developed for iPhone and iPad devices. With respect to 2), applications can be developed for mobile phones and tablets with the Android system installed.

1.1.2. D-WINGS will not own an Application developed by a User, nor will it intervene in any relationships arising from the use of the application by the User and/or by third parties.

1.2. The User authorises the use of D-WINGS’s name, domain, brand and/or any other identification in its Application for marketing purposes, provided that this does not represent a burden and/or right to indemnity for either party.

1.3. D-WINGS’ activities are limited to the digital platform presented on the Website, which remains the exclusive property of D-WINGS in accordance with item 7 below.

1.4. To use the Services, the User must register on the Website and agree to these Terms and Conditions of Use, in addition to D-WINGS’ security and privacy policy. This gives Users the right to access the Website so that documents and other necessary information can be uploaded for the creation of Applications and, in the event that such an Application is made available to the public, allow members of the public to utilise the Services via such Applications.

1.4.1. The contracted Services will be defined in an agreement between D-WINGS and client Company (“Contract”). Such a contract will include the number of Users or monthly publications, as well as the monetary value and the form of payment for the Services.

1.4.2. By accepting the Contract and the conditions described therein, the User will be purchasing the Services, serving the acceptance and issuance of the Service receipt as proof of the hiring.

1.5. Services are available only to persons with legal capacity under the current Brazilian Civil code to hire them.

2. TECHNICAL SUPPORT

2.1. D-WINGS will provide, without burden, technical support and maintenance to Users that have difficulties using the Website or Applications developed via the Website.

2.2. D-WINGS will also provide Users with updated versions of the when they become available.

2.3. Users who have difficulties using the Website or their Applications should contact D-WINGS via email (contato@getasapp.com.br), describing the difficulties encountered.

3. PAYMENT OF SERVICES

3.1. According to the provisions of item 1.4.1 above, the amount payable for the Services, including any payment conditions, will be defined in the Contract.

3.2. Payments should be made as indicated by D-WINGS, according to the conditions established on the Website, available to the User.

4. RESPONSIBILITIES

4.1. The content and ownership of any documents, sounds and/or images sent by Users to D-WINGS, in addition to any information disclosed by Users to third parties, are the sole responsibility of the User.

4.1.1. The User undertakes not to transmit messages, information or any other data (including, but not limited to, documents, images, files with video or audio), either via a User’s Application or directly to D-WINGS, that violate or impair the personal rights or intellectual property of third parties and/or other Users of the Website. This includes messages, information or data that may be reasonably seen to be contrary to common public decency, advertising or “spam”. Users that breach this requirement may face penalties outlined in item 7.7 of this document, in addition to the potential application of the provisions outlined in item 5.6(c) of this document.

4.2. D-WINGS will only be liable for any damages caused to Users if such damages are proven to be caused by the provision of the Services.

4.3. The User (and users of any Applications) will need access to the internet to access the Website, upload and/or download documents or use Applications. The User accepts sole responsibility for any costs associated in obtaining access to the internet.

4.4. The User recognizes that the Website, and any Applications developed using the Website, depend on the interaction with compatible operating systems for its use, and this interaction is subject to failure. D-WINGS will not be liable for any damage, injury or loss suffered by the User due to failures arising from telecommunication services, systems or servers used by the User and/or by third parties, nor by any virus that may affect equipment owned or operated by the User and/or any third party, by virtue of access, use or navigation on the Internet or as a consequence of the transfer of data, files, images, text or audio.

4.4.1. D-WINGS does not guarantee that the application will work properly on non-compliant operating systems, or after upgrading the currently compatible operating systems.

4.4.2. The User declares that he or she is aware that several factors beyond the control of D-WINGS may interfere and impair the operation of the Application, such as anti-virus systems, firewalls, or other security devices.

4.5. The Application does not in any way guarantee that Users and/or third parties will attain performance goals and/or results due to their use of the Services or Applications, with such outcomes remaining the sole responsibility of the User.

5. USER REGISTRATION

5.1. The User’s registration on the Website (“Registration”) is an essential condition for the use of the Services.

5.2. To register, the User must provide D-WINGS with all necessary data, noting that the User is fully responsible for the authenticity of any data provided, under penalty of application of the applicable legal penalties.

5.3. The Registration gives the User the right to use the Website and its tools indefinitely, as well as the right to enter into a Plan with D-WINGS that allows the User to the create and publish Applications using the Website and its tools.

5.4. The Registration is for the User’s exclusive personal use and is non-transferable. It is the User’s responsibility to maintain the confidentiality of the password required to access the Registration.

5.5. The cancellation of the registration may be made at any time by written request to contato@getasapp.com.br.

5.6. D-WINGS reserves the right, at any time, to block the User’s Registration and/or deny the User access to the Website or its tools in the following situations:

A) Use of false Registration data;

B) Misuse of the Website and/or Application that harms or damages D-WINGS or third parties;

C) Non-compliance with any laws applicable to the access and navigation of the Website, as well as to any provision of these Terms and Conditions of Use.

5.7. Any one person is not permitted to have more than one Registration on the Website, such that D-WINGS reserves the right to disable any duplicate Registrations without being subject to an indemnity action on the part of a User or other third party.

5.7.1. The User will advise D-WINGS as soon as he or she becomes aware of unauthorized use of their Registration, including access to the User’s account by unauthorized third parties.

6. USE OF DATA

6.1. The Registration data and user access information will only be used by D-WINGS to enhance the browsing experience, improve the service offering to customers and to help achieve your business’s goals.

6.2. The Registration data and user access information may be provided to partners, sponsors, advertisers or other companies that have a connection with D-WINGS, without revealing the User’s confidential data, except in strict Compliance with court orders or law enforcement.

7. INTELLECTUAL PROPERTY

7.1. By virtue of Law nº 9.610 of 19 February 1998, as well as by the records regularly effected or in effect with the INPI and with the similar body of protection for industrial and intellectual property in Brazil, D-WINGS is the sole holder of the rights to use the brands “D-WINGS” and “ASAPP” in Brazil.

7.1.1. All materials associated with the Website, including, but not limited to the presentation, texts, layout, trademarks, images, logos, systems, products, designation of the Plan, are the sole and exclusive property of D-WINGS and protected by the intellectual property legislation mentioned in this instrument.

7.1.2. Similarly, an Application and all materials contained therein, including any information supplied by the User for its creation, are the sole property of the User. As such, the registration of intellectual property with relevant authorities is the User’s sole responsibility.

7.2. D-WINGS declares, for all purposes of law, that the Website does not infringe any patent, trademark or copyright of third parties. In the same way, the User declares, for all purposes of law, that all information (including data, documents, audio and/or video files, etc.) provided to D-WINGS does not infringe any patent, trademark, copyright or other right of third parties.

7.3. The User’s potential use or storage of files containing the Website’s source code, either in part or in full, whether in physical, electronic, magnetic, optical or other form, does not imply any assignment or transfer of intellectual property associated with the Website from D-WINGS to the User.

7.4. The User agrees and warrants not to publish, through his or her Application, any content that is inappropriate or violates the law or violates the rights of third parties.

7.5. D-WINGS, at the User’s request, may include content or features in the User’s Application that allow access third party websites (in the form of hyperlinks).

7.5.1. D-WINGS has no control over the extent to which third-party websites may, or may not, be accessible via hyperlinks, and is not responsible for their content. The inclusion of hyperlinks to third-party websites does not imply that they have been validated by D-WINGS, nor does it imply that D-WINGS has any association with the owners of those websites.

7.6. The User hereby declares and ensures that when forwarding information about third-parties, including website hyperlinks, materials, products and services, he or she does so at his own risk, and D-WINGS does not take any responsibility for its handling or inclusion in an Application.

7.7. Unauthorized use of the D-WINGS brand, its Website, its tools and/or the misuse of third-party property is a violation of current legislation and could incur a fine of R $100,000.00 (One hundred thousand reais) under Brazilian Law, not considering any determination of loss or damage caused and/or the potential application of judicial penalties.

7.7.1. D-WINGS is exempt from any liability arising from its use of any material, document and/or information provided by the User, including any expenses, losses and damages incurred by D-WINGS and/or third parties. Should D-WINGS be found guilty of an infringement of any intellectual property right of third parties, the User indemnifies D-WINGS against any values that it may have spent in its defence, including legal expenses.

8. CHANGE OF THIS TERMS AND CONDITIONS OF USE

8.1. D-WINGS may alter the provisions contained in these Terms and Conditions of Use at any time.

8.2. Any changes effected by D-WINGS will be listed on the Website and Users will be informed of such changes using the contact information provided in their Registration.

9. DURATION AND TERMINATION OF PURCHASE

9.1. The User agrees and accepts the conditions of purchase of the Services via the Contract, which includes the payment conditions. The continuous and monthly payment ensures that the user keeps their Application available for download.

9.1.1 In the event of a breach of the Contract, including the non-payment of agreed amounts, D-WINGS reserves the right to exclude the User’s Application from the app stores.

10. FINAL PROVISIONS

10.1. The User declares that they have read and understood all conditions of these Terms and Conditions of Use, thereby denying any future claim of ignorance in relation to any condition contained herein.

10.2. By registering and purchasing a Contract, the User declares that he or she has accepted all conditions presented in these Terms and Conditions of Use.

10.3. In the event of any doubt regarding the provisions of these Terms and Conditions of Use, the user should contact D-WINGS via e-mail (contato@getasapp.com.br).

10.4. Users are prohibited from using “spider” Applications, data mining or any other type of tool that acts like a robot, to create multiple registrations or for any other purpose. Users doing so may be required to repair any damages caused and may also be subject to Brazilian criminal law.

10.5 The obligations contained in these Terms and Conditions of Use may be enacted at any time, even after the termination of a contract for services.

10.6 D-WINGS may compensate Users for existing charges under a contract for services without incurring any liability to D-WINGS or giving rights to Users.

11. LEGISLATION AND JURISDICTION

11.1. Current Brazilian laws apply to all provisions in this Terms and Conditions of Use.

11.2. The São Paulo County Central Court, São Paulo state, has sole legal jurisdiction to settle any issues arising from these Terms and Conditions of Use, at the exclusion of all other courts or legal jurisdictions.