General Terms and Conditions

General Terms and Conditions of Use of the ZapCondo Platform/Software

Date of last change: 09/20/2023

 

These General Terms and Conditions of Use of the Platform/Software (“Terms”) regulate your access to the ZapCondo website/application (“Platform”), through the website www.zapcondo.com, as well as the software and services made available for the purposes described in these Terms, provided and/or created by MDF INFORMATICA LTDA. (“ZapCondo”), registered with the CNPJ under nº 14.229.478/0001-00, established at Rua Avenida Jorge Joao Saad, 547, São Paulo – SP.

 

By accessing the platform or using ZapCondo's services, you expressly agree to these Terms, which establish and govern the contractual relationship between you (“User”) and ZapCondo, acknowledging that you are subject to them. The service is owned and controlled by ZapCondo. These Terms of Use affect your legal rights and obligations. If you do not agree to all of these Terms of Use, do not access or use the Service.

 

At times, we may offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In such cases, the specific terms of the special feature will control if there is a conflict with these Terms of Use.

 

ZapCondo reserves the right to modify these Terms at any time, and such changes will be effective immediately upon posting of the updated version. By continuing to access the Platform or use the Services after this posting, you expressly acknowledge and agree to be bound by the updated Terms.

 

Before registering on our platform and using our services, carefully read these Terms, which contain important information about your rights, your obligations and how we provide our services.

 

1. DEFINITIONS

 

The following definitions will be used in this Term:

Administrator:  individual responsible for managing the condominium on the ZapCondo platform. Usually property manager or property administrator;

Subscriber:  condominium that signed a contract (subscription) to one of ZapCondo's plans, including its free version;                                                                                                     

Condominium Employee:  natural person authorized to access and register information on behalf of the condominium on the platform. As a rule, they are the doormen and/or janitors;

Resident / Owner:  natural person responsible for one or more residential units on the platform;                                                                                                 

Users:  natural or legal person duly registered on the ZapCondo platform and who, freely and unequivocally, adhered to these Terms. Administrators, subscribers, condominium employees, residents and visitors can be users of the ZapCondo platform;

Visitor:  natural person whose registration data is registered on the platform for identification and access control purposes to the condominium. 

 

2. SCOPE OF SERVICES

2.1. The Services are offered through the ZapCondo platform and work through an Internet connection. The features available to Users through the platform vary according to the plan chosen by the subscriber and may involve (through cloud storage):

•              Administrative Panel / Dashboard;

•              Registration of visits;

•              Registration of access tags;

•              Registration of residents, owners, tenants, service providers;

•              Pet registration;

•              Vehicle registration;

•              Business registration;

•              Registration and delivery of orders;

•              Management of users and access permissions;

•              Activity record.

2.1.1. Subscription plans (“Subscription Plans”) and respective prices (“Prices”) are available on the page www.zapcondo.com

2.2. The Subscriber, the Administrator and other Users are aware that the use of the platform and/or contracting the services does not constitute a software sale or licensing transaction under any circumstances.

3. REGISTRATION

3.1. To use the platform, the Subscriber must register in advance. To do this, only the email will be requested. Eventually, the system may additionally request the telephone number.

3.2. The User declares to be aware and agree that ZapCondo may send, to the registered means(s) of communication, any notices, communications and opportunities, suggestions, among other information related to the scope of ZapCondo Services. This provision is linked to the use of the services and agreement with these Terms and Conditions covers this possibility.

3.3. ZapCondo is not responsible for the veracity of the information provided by the User, but reserves the right to request, at any time and at its sole discretion, documentation that it deems necessary for appropriate proof. If ZapCondo detects an account created using false information or even in the case of duplicate accounts, the User's registration will be automatically canceled, without the need for prior notice, so that the User in question will no longer have access to the use of the platform, the User is not entitled to any type of compensation or reimbursement.

3.4. The User will be solely responsible for keeping the password to access the platform, and ZapCondo is not responsible for any damage resulting from the disclosure of your password to third parties. All activities carried out through User credentials are the responsibility of the User. In case of loss, misplacement or
suspected misuse of your account, login or password, ZapCondo must be immediately notified so that the appropriate measures can be taken.

3.5. The services are intended exclusively for people capable of carrying out acts of civil life, therefore, any access or use of the ZapCondo platform or website by non-emancipated minors under 18 is expressly prohibited. Therefore, when using ZapCondo services, you represent and guarantee that you are capable of personally carrying out civil life acts.

3.6. The registration, alteration and deletion of information related to condominium employees is the sole responsibility of its Administrators, including in the case of changing the access password, this must be done by an Administrator.

4. PAYMENT, CANCELLATION, RENEWAL, TRIAL, CAMPAIGNS AND CHANGE OF PLAN

4.1. The Subscriber agrees to pay ZapCondo the amounts corresponding to the prices charged for the subscription plans, as set out on the Subscription Plans and Prices page and contracting carried out, as well as the remunerations for any other services or products offered by ZapCondo that have been contracted.

4.2. ZapCondo reserves the right to modify, increase, include or eliminate current prices for its plans at any time or carry out promotions and other temporary forms of changing the prices charged.

4.2.1. Such changes will be informed to the subscriber at least 30 (thirty) days in advance, and the subscriber will be entitled, in this case, to cancel and/or not renew the contracted plan, under the terms of item 4.4, being due only the values ​​already contracted, observing the provisions of item 4.1.

4.2.2. The Subscriber's silence regarding the change will be interpreted by ZapCondo as definitively, irrevocably and irreversibly accepted.

4.3. ZapCondo reserves the right to take the relevant judicial and extrajudicial measures to receive the amounts owed by Subscribers, including protesting the title or document proving the existing debt.

4.4. Subscribers may cancel their contracted plans by emailing hello@zapcondo.com

4.4.1. After canceling the subscription, the contracted services will continue to be available to the Subscriber (and their respective Users) until the end date of the contracted period.

4.4.2. No refunds will be made for canceled subscriptions, except in cases of cancellation due to withdrawal that occur within 7 (seven) days of contracting. In these cases, the subscriber must provide bank details (bank, branch, account held by them) and the refund will be credited within 15 (fifteen) business days to the indicated account.

4.5. The contracted plans will be automatically renewed, for the same period, if there is no express statement to the contrary by the Subscriber, except in the case of the Free plan. If there is automatic renewal, after a period of 12 (twelve) months from the date of the first contract, prices will be subject to monetary updating according to the General Market Price Index published by Fundação Getúlio Vargas (IGPM/FGV), without prejudice to possible changes in price, in accordance with item 4.2.

4.6. If payment is delayed by more than 15 (fifteen) days, ZapCondo may suspend access to and use of the platform until payment of the amounts due is made, resulting in the loss of access to services inherent to the plan contracted by the Subscriber. This includes the unit's residents losing access to the application.

4.7. The Subscriber may request a plan change at any time, immediately assuming the pro-rata cost difference for the new plan, for the remainder of the contracted period. In case of changing to a plan lower than the current one, the change will be effective at the end of the pre-contracted period.

4.8. The services offered by ZapCondo are prepaid. Contracting must be carried out exclusively on the website (www.zapcondo.com) and payments will be made via bank slip issued by ZapCondo. Payments by bank transfers, direct deposits into current accounts or cash will not be accepted by ZapCondo.

4.9. ZapCondo does not authorize any company or individual to sell subscriptions and/or receive payments on its behalf.

4.10. In cases of subscribing to the services offered by ZapCondo through promotional campaign mechanisms, the financial conditions are guaranteed for the condominiums during the period guaranteed by the campaign, in accordance with the regulations and/or shared communications.

4.10.1. After the end of the campaigns, ZapCondo reserves the right, at its sole discretion, to maintain or not the tasting plan (Free) offered free of charge.

4.10.2. In the event that the free plan is not maintained, ZapCondo must formalize a commercial proposal and the condominium may: (i) request the cancellation of the services; or (ii) maintain the use of the services provided by ZapCondo, upon payment of the amount corresponding to the plan chosen in due course.

5. RESPONSIBILITIES OF THE SUBSCRIBER AND ADMINISTRATOR

5.1. As mentioned in clause 1, each Subscriber will have at least one Administrator, who will be responsible for managing the condominium on the ZapCondo platform.

5.2. The Administrator is responsible for keeping the registration of Condominium Residents and Employees updated, thus avoiding any types of problems arising from improper access to the platform by people who do not have the rights to do so.

5.3. The Condominium Administrator, in the role of representative of the Subscriber, assumes responsibility for removing any and all Users under his responsibility, be it another Administrator, Condominium Employee or Resident, who is not complying with these Terms, and must immediately notify ZapCondo to that it takes the necessary measures to guarantee the integrity of the platform and other Users.

5.4. It is up to the Subscriber to keep the Price payments for their subscription up to date, to ensure the functioning of the services on the platform.

6. USER RESPONSIBILITIES

6.1. When contracting ZapCondo services or browsing its platform, the User immediately assumes the following responsibilities:

● Use the platform appropriately and diligently, in accordance with these Terms and the law; 

● Keep the environment of your platform access devices safe, using specific tools for this purpose, such as antivirus, firewall, among others, in order to contribute to the prevention of electronic risks; 

● Use updated and efficient operating systems to fully utilize the platform; 

● Equip and be responsible for the hardware devices necessary to access the platform, as well as access to the Internet; 

● Do not maliciously exploit the security of the website, application and platform to carry out illegal acts, prohibited by law and these Terms, harmful to the rights and interests of third parties, or which, in any way, may damage, disable, overload or deteriorate the website, application and platform, as well as the computer equipment of other Users or other Internet users (hardware and software), as well as documents, files and all content stored on their devices or prevent normal use or enjoyment the website, applications, platform and services; 

● Keep a copy of all content and data that you deem important, considering that the platform may go through maintenance periods or even experience some data loss; 

● Guarantee the veracity, quality, integrity and legality of your data and the means through which you acquired your data;

● Act to prevent unauthorized access to the use of the platform and notify ZapCondo immediately of any unauthorized access or use; 

● not sell, resell, rent or lease the service provided by the platform, except when expressly authorized;

● Insert and store files on the platform, always checking in advance whether the file sent is free of viruses; It is

● Check whether the content of the file inserted on the platform corresponds to what is advertised in it, being responsible for any damages caused to any Users or ZapCondo. 

6.2. The User may generate content on the platform, however, the User declares and guarantees that all content inserted by him on the platform:

● They do not violate Brazilian legislation, the provisions of these Terms and other applicable regulations;

● Do not introduce or disseminate data programs (viruses and harmful software) onto the network that could cause damage to the access provider's computer systems, the platform's computer systems or Users' computer systems;

● Do not introduce or disseminate content or propaganda of a potentially offensive, obscene, pornographic nature or that indicates, promotes or advocates terrorism, violence or any form of discrimination, including but not limited to sexual, racial, origin, religious or even if it violates human rights in any way;

● Do not disseminate, transmit or make available to third parties any type of information, element or content that in any way violates fundamental rights, public freedoms recognized by legislation and any international treaties in force;

● Do not disseminate, transmit or make available to third parties any type of information, element or content that constitutes illicit or unfair advertising;

● Do not transmit unsolicited or unauthorized advertising, advertising material, "spam", "chain letters", "pyramid marketing";

● Do not introduce or disseminate any information that has false, ambiguous or inaccurate content;

● Do not use registration passwords for the different uses and/or contents of the platform that are owned by other Users, in a way that harms or causes harm to said Users;

● Do not disseminate, transmit or make available to third parties any type of information, element or content that involves violation of intellectual and industrial property rights, including, but not limited to, copyrights, patents and trademarks owned by the platform owners or third parties;

● Do not disseminate, transmit or make available to third parties any type of information, element or content that implies a violation of third party image rights;

● Do not disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of the secrecy of communications and privacy;

● Do not constitute, incite or contribute, now or in the future, to a crime or unlawful act.

6.3. Any damage caused by the User to ZapCondo or to third parties due to non-compliance with the obligations set forth herein or the non-veracity of the guarantees stated herein will be repaired exclusively by the User causing the damage, with no need to speak of subsidiarity of the obligation, nor of solidarity of the ZapCondo.

6.4. Users are solely responsible for the contents of their messages exchanged through the ZapCondo platform, being obliged to respect the conditions of these General Terms and Conditions of Use and applicable legislation.

6.5. There is no tolerance for content considered objectionable. Any content that does not comply with these Terms of Use is considered objectionable content. These contents will be removed when identified, without prior notification. ZapCondo will summarily ban from its platform any User who publishes content considered objectionable.

6.6. The User is exclusively responsible for their interactions with other Users of the platform. We reserve the right to monitor, identify abuse and mediate disputes between Users. 

7. ZAPCONDO’S RESPONSIBILITIES

7.1. ZapCondo must, within its responsibilities, provide services at a commercially reasonable level of capacity, availability and security, observing and applying best market practices in the development of technological and information management solutions in databases, which constitute the platform .

7.2. ZapCondo guarantees that, except as provided for in these Terms of Use, the platform will operate 24 (twenty-four) hours a day, 7 (seven) days a week, including holidays, and must provide full access and operation conditions for at least , 95% (ninety-five percent) of the time. If any errors are detected when using the platform or there are difficulties with access, the ZapCondo support service must be notified via email at hello@zapcondo.com or by calling 11 94339-0215.

7.3. ZapCondo will also offer specialized support to the subscriber regarding the platform's services, according to the type of support available for the plan contracted by the subscriber, to clarify doubts regarding the use of the platform, as well as the functionalities included in the contracted plan. , possible problems regarding payments and errors arising from the use of the platform itself.

7.4. ZapCondo reserves the right to modify, suspend or temporarily discontinue the functionalities available on the platform to carry out maintenance, updates and configuration adjustments, with 15 (fifteen) days' prior notice. The subscriber who chooses to end the subscription as a result of the change in response to the communication will have 5 (five) days to express their intention, in which case they will be released from any obligation to comply with the contractual deadline. ZapCondo will not be responsible, under any circumstances, for any losses or damages, including lost profits, related to the suspension of access to the platform.

7.5. ZapCondo uses third-party services to keep the platform running, and failures may occur in such services. ZapCondo will not be responsible for any losses or damages arising from the failure of these third parties' services.

7.6. ZapCondo is not responsible for platform access failures resulting from circumstances beyond its will and control, including, without limitation, internet failures in general, power outages, electronic and/or physical malfunction of any telecommunications network, interruptions or connection suspensions and failures in the software and/or hardware used by Users, as well as scheduled outages for maintenance, updates and platform configuration adjustments.

7.7. The platform may contain links or links to third party websites or services that are not owned or controlled by ZapCondo, so ZapCondo does not assume any responsibility for the content, accuracy, policies, practices, opinions expressed on any of these third party websites or by any third party that the User interacts with through the platform. ZapCondo suggests that the User read the Terms of Use and privacy policies of each third-party website or service that the User visits or uses.

7.8. No functionality of the platform should be understood as advice or consultancy regarding the activities carried out by Users. ZapCondo does not guarantee Users any commercial results and will not be responsible for the development of their business or resulting consequences.

7.9. ZapCondo is also not responsible: (i) for undone or undone deals, breaches of contracts, in short, for any lack of interest in formalizing business between Users and their customers under the allegation that there was privileged information from a third party through the ZapCondo; (ii) the free sharing of data between Users carried out through the platform; (iii) for any damages or compensation arising from failure to comply with an obligation by any User; (iv) for tax obligations arising from Users’ activities related to the use of the platform. The User is exclusively and fully responsible for all taxes, duties and fees levied on their activities related to the use of the ZapCondo platform or services; (v) the conduct of Users. Furthermore, ZapCondo is not responsible for any act or omission of any User in relation to other Users or third parties; (vi) outdated, incomplete or untrue data made available and updated by third parties, such as financial institutions, websites used for advertisements and other commercial partners.

7.10. ZapCondo will never use for its own benefit or share with third parties the data of residents, visitors and any other data entered by the condominium in ZapCondo, protecting the fundamental rights of freedom and privacy of each individual, treating said data in accordance with the provisions of Law no. 13,709/ 2018 (General Personal Data Protection Law - LGPD).

8. LIMITS

8.1. The free plan offered by our software as a service (SAAS) platform has the following limits:

• Registration of up to 1000 people in total

• Registration of up to 200 vehicles in total

• Registration of up to 100 images of people in total

• Registration of up to 100 orders per month

• Registration of up to 100 visit records per month

• Consultation of people per unit up to 100 per month

• Vehicle consultation per unit up to 100 per month

These limits were established to guarantee a quality experience for users of the free plan. In order to guarantee the continuity and maintenance of the system, these limits may be revised without prior notice.

9. PLATFORM INFRINGEMENT

9.1. The use of a device, software or other resource that could interfere with the activities and operations of the platform, as well as accounts or their databases, is prohibited. Any intrusion, attempt, or activity that violates or contradicts the laws on intellectual property rights and the prohibitions stipulated in these Terms will make the person responsible liable to suffer the effects of the relevant legal actions, as well as the sanctions provided for herein, and will also be responsible for compensating ZapCondo or its Users for any damages caused.

10. INTELLECTUAL PROPERTY RIGHTS

10.1. Subject to these Terms of Use, ZapCondo grants the User a limited, temporary, revocable, non-exclusive and non-transferable license to use its platform and website only to the extent strictly necessary to fulfill its obligations and enjoy its rights. in these Terms of Use.

The LICENSEE does not acquire, through this instrument or through the use of the SOFTWARE, any intellectual property rights or other exclusive rights, including patents, designs, trademarks, copyrights or any rights over confidential information or business secrets, as well as all content made available on the Site, including, but not limited to texts, graphics, images, logos, icons, photographs, editorial content, notices, software and any other material, about or relating to the SOFTWARE or any part thereof. LICENSEE also does not acquire any rights in or related to the SOFTWARE or any component thereof, other than the rights expressly licensed to LICENSEE under this EULA or in any other agreement mutually agreed in writing between LICENSEE and LICENSOR. Any rights not expressly granted hereunder are reserved.

 

All content available on the Website, including, but not limited to, texts, graphics, images, logos, icons, photographs, editorial content, notifications, software and any other material will also be the exclusive property of the LICENSOR or is duly licensed.

10.2. All rights relating to the website and the platform, as well as its functionalities, are the property of ZapCondo, including with regard to all intellectual property rights related to its texts, images, graphics, brands, layouts, codes, databases data, modules, packages, operating structure, business model, algorithms, information relating to use and other content produced directly or indirectly by ZapCondo (“Intellectual Property Rights”). The misuse of any content or brands presented on the website and platform is expressly prohibited.

10.3. Intellectual Property Rights are protected by Copyright and Industrial Property laws. It is prohibited to use, copy, reproduce, modify, translate, publish, transmit, distribute, perform, upload, display, license, sell or exploit Intellectual Property Rights for any purpose. No copying, distribution, reverse engineering, display of the platform, website and/or Intellectual Property Rights shall be understood as a restriction or waiver of ZapCondo's Intellectual Property rights.

10.4. Any use of Intellectual Property Rights may only be made with prior and express authorization from ZapCondo. The User assumes any and all liability, of a civil and/or criminal nature, for the improper and unauthorized use of Intellectual Property Rights.

10.5. Any suggestion, request for improvements, recommendations or other ideas provided by the User to ZapCondo, related to the functioning of the platform, will not grant the User any right of ownership over the functionalities eventually implemented by ZapCondo, so the User will not have any right to retention, use or compensation.

10.6. The license granted to access the platform and its services does not allow the User or third parties to carry out web crawling or web scraping on the platform, whether by means of a robot, spider, scraper or any other automated means, nor to copy, publish, promote, commercialize, integrate, use, combine or use the content available on the platform, without the express written authorization of ZapCondo.

10.7. Nothing in these Terms is considered a transfer or assignment of Intellectual Property rights, the User is only permitted to use ZapCondo's intellectual property while these Terms are complied with and observed.

10.8. By registering and using the platform, the subscriber accepts that ZapCondo uses its brand, company name or indication of its name in its client portfolio, during the period of contracting the services and within 90 (ninety) days after its end. domain names, as well as their logos, logos or emblems, for commercial, advertising purposes, communications with third parties, among others, without any amount being owed to the subscriber.

11. ACCEPTANCE

11.1. The User declares to be aware of and in agreement with all items mentioned in these Terms of Use for the purposes of using the ZapCondo platform.

12. INDEMNIFICATION

12.1. The User agrees to defend, indemnify and exempt ZapCondo from all liability and all damages, losses and expenses of any nature (including legal costs and justified attorneys' fees) relating to, arising from or in any way associated with the following:

● Your access to or use of our services or platform, including information provided in connection therewith;

● Alleged or actual violation of our Terms by you; or

● False statement made by you. 

12.2. The User is aware that they must cooperate, to the extent and as requested by us, in the defense or settlement of any claim.

13. PRIVACY AND PROTECTION OF PERSONAL DATA

13.1. ZapCondo will act in compliance with privacy and data protection laws, especially Federal Law No. 13,709/2018 – General Personal Data Protection Law (LGPD).
The personal data of users and residents cannot be shared with third parties nor used by ZapCondo for its own benefit. Thus remaining in compliance with the principles and obligations brought by the LGPD.

14. ANTI-CORRUPTION POLICY

14.1. The User declares that it complies and will continue to comply with all laws, rules, agreements and conventions applicable to this Term and its activities (together referred to as “Anti-Corruption Legislation”), including, but not limited to: (i) Anti-Corruption Law Brazilian (Law No. 12,846 of August 2013), as well as the provisions that regulate it, such as Decree No. 11,129 of July 2022; (ii) the Administrative Improbity Law (Law No. 8,429 of June 1992); (iii) the Bidding Law (Law No. 8,666 of June 1993 and Law 14,133 of April 2021); (iv) crimes against public administration provided for in the Brazilian Penal Code (Decree Law 2,848 of December 1940); (v) the Law on Money Laundering Crimes (Law No. 9,613 of March 1998); and (vi) any other applicable Anti-Corruption Legislation, in particular the US law against foreign corruption (Foreign Corrupt Practices Act or FCPA).

15. GENERAL PROVISIONS

15.1. These Terms of Use do not imply, create or mean, in any way, any other type of relationship between Users and ZapCondo, including, without limitation, society, joint-venture, mandate, representation, partnership, consortium, franchise, association, formation of an economic group, employment relationship, employment relationship or similar.

15.2. If any provision, obligation or restriction of these Terms is, by a competent court or other authority, considered invalid, void or unenforceable, all other terms, provisions, obligations and restrictions shall remain in full force and effect and shall not be affected in any way. , impaired or invalidated.

15.3. The acceptance by either party of any breach of these Terms or its failure to exercise any right granted hereunder will not be considered a novation or waiver of any future breach, whether similar or not, or the exercise by either party from any future rights conferred by these Terms.

15.4. ZapCondo may assign the rights and obligations relating to these Terms of Use to companies within its same economic or corporate group.

15.5. All items in these Terms are governed by the laws in force in the Federative Republic of Brazil. For all matters relating to the interpretation, compliance or any other question related to these Terms, the parties agree to submit to the São Paulo/SP Court, with the exception of questions presented by Users who are legally considered consumers, who may submit such complaints to the court of their domicile

16. COMMUNICATION CHANNEL 

16.1. Any questions, suggestions or complaints regarding these General Terms and Conditions of Use may be directed to ZapCondo's official Communication Channel, at the email address hello@zapcondo.com or telephone numbers available on the platform.

17. TECHNOLOGICAL RISKS

17.1. The User declares to be fully aware of the risks to which he/she is exposed by being connected to the Internet, such as, but not limited to, viruses, malicious codes and intrusions into his/her system. Therefore, all risks arising from the use of the platform are your sole responsibility. If the use of the platform eventually results in any damage to your system or hardware, ZapCondo will not have any liability for such event.

17.2. Under no circumstances will ZapCondo be held responsible for any damage or loss, direct or indirect, arising from facts resulting from the use of the platform or the inability to
use it, or, even, for any information, products or services obtained through it or as a result. of its use.