Terms of Use

 

1.    Acordo de Termos

Ikonn allows access to and use of this website subject to these terms of use. Specific services available through this Site may include additional terms, which are incorporated into these terms. Please read these Terms and any additional terms carefully before accessing or using this Site. TO USE THE SITE, the user must first AGREE TO THESE TERMS. By using or accessing THE SITE, THE USER ACCEPTS THESE TERMS and warrants that you are 18 years of age or older. IF YOU ARE A BUSINESS OR LEGAL ENTITY, THE USER REPRESENTS AND WARRANTS THAT YOU HAVE THE AUTHORITY TO BIND THE ENTITY TO THESE TERMS.

2. Modification of Terms

We may amend this Agreement periodically. If changes are made to this Agreement, we will notify you by posting a prominent notice on the Site and/or sending an email to your email address. Any changes to this Agreement will be effective immediately for new users of the Site; otherwise, these changes will take effect thirty days after we send an email notification to the user or thirty days after we post a notice on the Site. The user is responsible at all times for keeping their account and email address up to date.

3. Your Information and Account

For certain uses of the Site, Ikonn may require the user to provide personal information (such as identification or contact information) or to create a user account. The user agrees that any information they provide in connection with their account will always be legitimate, correct, complete, and up-to-date. The user will be responsible for all activities that occur under their account and, therefore, the user agrees to keep their password confidential. The user agrees to notify us immediately of any unauthorized use of their account, or if the user believes their password is no longer confidential. We reserve the right to require the user to change their username and/or password if we believe their account is no longer secure. The user must not: (a) provide false information as part of their account information, or in connection with the Site, (b) create an account for anyone other than themselves, (c) create or use more than one account at any time, (d) transfer their account to third parties, (e) allow others to use their account, or (f) use or access other people's accounts.

4.    Privacidade

The user agrees to and authorizes the use of their personal data, in accordance with the Privacy Policy.

5.    Conduta do Site

By using the Site, the user agrees to comply with the following guidelines:

• It is not permitted to post or transmit information, data, text, software, graphics, sounds, photographs, videos, messages, or other content that is illegal, offensive, inaccurate, defamatory, obscene, fraudulent, harmful, threatening, or abusive.
• Do not interfere with other users' use of the Site.
• Do not post or upload any viruses, worms, corrupted files, or other software capable of disrupting, disabling, or impairing the operation of the Site.
• You will comply with this Agreement and any applicable laws or regulations (including any laws relating to the export of data or software to the United States or other relevant countries).
• You are not allowed to use the Site to advertise or sell products or services to others or to engage in activities such as contests, sweepstakes, or pyramid schemes.
• Do not impersonate any person or entity, falsely state or misrepresent your affiliation with any person or entity.
• Do not send or transmit content that the user does not have the right to publish or transmit under any law or under contractual or fiduciary relationships (such as inside information, confidential information, etc.).
• Do not use the Site to solicit, obtain, or store personal data or passwords of other users.

6. Violation of the Terms

If a user violates any item of the Terms or information from other users posted on the Site, or if Ikonn believes that their conduct or content is offensive or illegal, violates the rights of or threatens to harm third parties, and may create liability for Ikonn or third parties, we reserve the right to investigate and take appropriate legal action, including removing content from the Site, notifying the competent authorities about the source of the content, preventing access to the Site, and terminating their Account.

7. Content Submission

The user grants Ikonn a royalty-free, perpetual, irrevocable, non-transferable license to use, reproduce, modify, adapt, publish, translate, prepare derivative works, distribute, perform and display any and all content (in whole or in part) that the user posts or submits to the Site and to incorporate the user content into other works, in any form, media or technology now known or hereafter developed. The user represents and warrants that: (a) the user has the right to grant the foregoing license and to post and submit the User Content, and (b) the User Content may not infringe, deny or violate any third-party rights (including proprietary rights). The user is solely responsible for their User Content. Ikonn reserves the right, at its sole discretion, to delete or leave unaltered any Content submitted to the Site.

8.    Links de Terceiros no Site

Ikonn or third parties may provide links from the Site to other websites or services; it has no control over third-party websites and services; it does not endorse and is not responsible for any third-party websites and services or for the information, material, products, or services contained on or accessible through third-party websites and services. The user acknowledges that Ikonn is not responsible, directly or indirectly, for any loss or damage caused or allegedly caused by or in connection with the use of or reliance on any information, material, products, or services. All third-party websites and services have their own terms of use and privacy policies that differ from ours. The Terms of Use and Privacy Policy apply exclusively to this site and do not apply to all third-party websites and services.

We may allow third parties to provide certain information presented on the Site. Any third-party information is not sponsored, endorsed, recommended, or licensed by Ikonn. The user should contact the third party directly and/or their references for the most accurate information. Your corresponding interaction or transactions with third parties through the Site, including participation in promotions or e-commerce and any terms, conditions, warranties, or representations associated with Third-Party interactions, are solely between the user and such third parties. The user agrees that Ikonn will not be liable for any loss or damage of any kind incurred in connection with their Third-Party interactions or the presence of such third parties on the Site. Ikonn reserves the right (but is not obligated) to monitor or take any action it deems useful regarding disputes between the user and third parties using the Site. To the extent permitted by applicable law, the user agrees to release Ikonn from any and all liability or claims relating to: (a) any content posted on the Site by the user or by third parties, or (b) the conduct, whether online or offline, of third parties.

9. Compensation

The user agrees to indemnify, defend and hold harmless Ikonn, its affiliates, board of directors, officers, agents, employees, partners and suppliers from any liability, loss, claim, demand, costs and expenses (including reasonable attorneys' fees) related to:

• The use of the Site.
• Any breach or inaccuracy of any representation or warranty made under these Terms.
• Your violation of these Terms.
• Violation of applicable legislation or any third-party rights, or
• Your user-generated content post to the Site.

10. Use and Storage of Website Content

Ikonn may establish general practices and limits regarding the use of the Site, including, without limitation, the maximum number of days that content will be available or maintained on the Site. Ikonn, at its sole discretion, reserves the right to modify these general practices and limits at any time.

11. Ownership of Content Rights and Intellectual Property

Ikonn and its licensors own the Site and all content contained therein and all intellectual property rights related thereto. Under no circumstances may the user copy, distribute, sell, rent, perform, sublicense, modify, or prepare derivative works of the Site or the Site Content, in whole or in part, except as expressly authorized. Any use of the Site not expressly permitted by these Terms will be considered a violation of these Terms and a violation of copyright, trademark, and other laws.

Ikonn will consider any comment or suggestion that the user provides as non-confidential and non-proprietary. The user grants Ikonn the right to use any comment or suggestion they provide in any way and for any purpose, without any obligation to compensate.

12.    Isenção de Garantia 

Nothing in these terms will exclude or limit Ikonn's warranty for measures that cannot be legally excluded or limited by law. Some jurisdictions do not allow the exclusion of warranties or conditions. Therefore, only exclusions and limitations that are legal in the jurisdiction will apply to the user, and our liability is limited to the extent permitted by law.

The user expressly agrees that use of the site is at their own risk and that the site, site content and all services are provided "as is" and "as available". Ikonn expressly disclaims all warranties and conditions of any kind, express or implied, but without limitation, the warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

In particular, neither Ikonn nor any of its subsidiaries or affiliates represent or warrant that: the use of the Site or Site content will meet your needs; the use of the Site or Site content will be uninterrupted, timely, secure and error-free, free of viruses or other harmful code; any information obtained by the user as a result of their use of the Site will be accurate or reliable; or that defects in the operation or functionality of any software provided to the user as part of the services will be corrected.

The user downloads or obtains material from the Site at their own risk, and the user will be solely responsible for any damage to their computer or other device or loss of data that results in material damage. No advice or information, whether oral or written, obtained from Ikonn through the Site, or content of the Site, is provided for in any warranty not expressly stated in these terms.

13. Limitations of Liability

Nothing in these terms will exclude or limit Ikonn's liability for loss or liability to the extent that such cannot be legally excluded or limited. Some jurisdictions do not allow the exclusion of liability for loss or damage caused by breach of contract, negligence of contract, breach of implied terms, or tort. Therefore, only the limitations and exclusions that are legal in the jurisdiction will apply to the user, and our liability will be limited to the extent permitted by law.

The user expressly agrees that Ikonn, its affiliates, board of directors, officers, agents, employees, partners, and suppliers will not be liable for any of the following:
(A) Any indirect, incidental, special, consequential or exemplary damages in connection with the Site, Site content, any services provided in connection with the Site, or these terms, caused and under any theory of liability. This shall include, but not be limited to, loss of profits (incurred directly or indirectly), loss of reputation, goodwill or business, loss of data, cost of procurement of goods or services, or other intangible losses; and
(B) Any loss or damage that may be incurred, including, but not limited to, loss or damage in connection with:

• We place our trust in the integrity, accuracy, or existence of any information posted by the user on the Site.
• Any changes that Ikonn may make to the Site, or any permanent or temporary section of the provision of the Site (or any functionality within the Site).
• Suppression, corruption, or failure to store any content or other communications data maintained or transmitted by or through the use of the Site.
• Failure by Ikonn to provide you with your account information; your failure to keep your password or account requirements secure and confidential; or
• Any relationship or transaction carried out with third parties.

The limitations of liability imposed by Ikonn on the user in the paragraphs above apply, whether or not Ikonn has been informed of or is aware of the possibility of such losses.

14. Copyright Infringement Policy

Ikonn takes copyright infringement claims seriously. We will respond to copyright infringement allegations in accordance with applicable law and maintain a policy of terminating the accounts of repeat infringers. If a user believes that any materials accessible from the Site infringe their copyright, the user may request the removal of those materials (or access to them) from the Site by sending written notification to our email address.

The notice period should substantially include the following:

• Your physical or electronic signature.
• Identification of the copyright of the work that the user believes has been infringed, or if the request involves multiple works on the Site, a representative list of such works;
• Identifying the material that the user believes is being violated with sufficient precision to allow us to locate the material.
• Adequate information by which we can contact you (including your name, address, telephone number and, if available, email address).
• A statement by the user in good faith that use of copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the written notification is accurate.
• A statement, under penalty of perjury, that the user is authorized to act on behalf of the copyright owner.

Ikonn Systems Engineering
contact@ikonn.com.br

15.    Marcas

Ikonn and its logo are registered trademarks. Users may not use any Ikonn trademarks without prior written permission. All third-party trademarks on the Site are the property of their respective owners.
16. Site Modifications
Ikonn reserves the right to modify the Site, suspend access to all or part of the Site, or close the Site indefinitely, with or without prior notice. The user agrees that Ikonn will not be liable to the user or any third party for any modification or suspension of the Site, in whole or in part.

17.    Terminação

Subject to this Section, this agreement will remain in full force and effect as long as the user uses the Site or maintains an account. The user may terminate their account at any time and for any reason through the appropriate account management page on the Site. Ikonn has the right to terminate your account, upon sending prior notice to the email address the user provides in their account. The user agrees that we will not be liable for any costs, expenses, losses, damages, or liabilities arising from or related to the termination of their account, their access to and use of the Site, or this Agreement. Even after this Agreement is terminated for any reason, the following provisions of this agreement will remain in effect: Sections 7, 8, 9, 12 to 14, 17, 18 and 19.

Without limiting the foregoing, if the user uses, copies, distributes, sells, displays, performs, sublicenses, or prepares derivative works of any part of the Site in violation of these Terms, their right to use the Site will cease immediately and the user must, at Ikonn's sole discretion, return or destroy any copies of Site materials that the user has made.

18. Electronic Communications

For contractual purposes, the user agrees to receive communications from Ikonn in an electronic form and (b) agrees that all terms and conditions, agreements, notices, disclosures and other communications that Ikonn provides to the user electronically satisfy any legal requirements and that such communications would satisfy as if they were in printed form. All notices sent to the user by Ikonn may be made by any email.
 

19. General Provisions

These Terms and any Additional Terms constitute, in full, and are incorporated into the final agreement between the user and Ikonn regarding the Site and supersede all prior or contemporaneous agreements, understandings, and communications, whether written or oral, between the user and Ikonn (including, but not limited to, any prior version of these Terms).

These Terms and the resolution of any controversy or claim arising out of or relating to these Terms or the Site shall be governed by and construed in accordance with the laws of the Country, without giving effect to any principles of conflicts of law. The failure of Ikonn to insist upon strict enforcement of any provision of these Terms shall not be construed as a waiver of any provision or right. All waivers shall only be effective in writing. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms shall be enforced in accordance with their terms. The user acknowledges that the Site and Site Content contain valuable trade secrets and proprietary information of Ikonn, that any breach or threat of the section entitled "Ownership of Content and Intellectual Property Rights" will constitute immediate, irreparable harm to Ikonn for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach. The section headings in these Terms are for convenience only and have no legal or contractual effect. "Includes" and "including" are not limiting.

Regardless of any statute or law to the contrary, the user waives their right to file any claim against Ikonn more than 1 year after such claim first arises.