Termos de uso

For all purposes, the form referred to in Clause IV below is an integral part of this contract, provided by NETPOS through the Internet at www.smartpos.net.br, and completed by the CONTRACTING PARTY on this site.

By checking the option “I have read and agree with the SMARTPOS Program Terms and Conditions of Use” contained in the form provided by NETPOS through the Internet, the CONTRACTING PARTY is declaring that it has read and accepted, without any reservations, all clauses and conditions of this contract.

SMARTPOS: NETPOS-owned computer program for sales control, issuing electronic invoices and receiving credit / debit cards, developed for Android platforms (Tablets and SmartPhones) and object of this contract;

ANDROID PLATFORM: Tablet or mobile device with Android operating system, version 4.4 (Android KitKat) or higher, owned by the CONTRACTING PARTY, where the SMARTPOS program will be installed;

DIGITAL CERTIFICATE (MODEL A1): Digital Certificate is a legally valid signature that guarantees protection for electronic transactions and other services via the Internet, allowing people and companies to identify themselves and digitally sign from anywhere in the world with greater security and agility;

MARKET PLACE: Place where the SMARTPOS program will be made available, indicated on the website www.smartpos.net.br.

NF-e / NFC-e: Electronic Invoice / Electronic Consumer Invoice.

The purpose of this contract is the authorization of the non-exclusive and non-transferable use, by the CONTRACTING PARTY, of the SMARTPOS program qualified above.

To use the service as a Registered User, the CONTRACTING PARTY must correctly complete the registration form available on the website www.smartpos.net.br, informing on the contracting screen:

1. a) If an individual: Name, ID, CPF, E-mail, Telephone and Address.
2. b) If legal entity: Corporate Name, CNPJ, State Registration, E-mail, Telephone, Address and Name of the partner representing the Company.

The CONTRACTING PARTY may start using SMARTPOS only after registering the final password or changing the provisional password provided on the website www.smartpos.net.br.

The CONTRACTING PARTY declares that it is aware that, in order to use SMARTPOS services, it is essential to have a DIGITAL CERTIFICATE (MODEL A1), within the validity period.

NETPOS is responsible for protecting the data and passwords provided, which will be stored on a website that has security measures in order to prevent unauthorized access, use and disclosure.

The CONTRACTING PARTY is responsible, civilly and criminally, for the veracity of the registered information.

We emphasize that the use of SMARTPOS is linked to the payment of the current monthly fee.

NETPOS undertakes to make available to the CONTRACTING PARTY in the Market Place the SMARTPOS program in its latest version, updated in relation to tax legislation, as well as to correct any shortcomings in SMARTPOS as soon as possible.

Thus, it is the CONTRACTING PARTY’s duty to keep the SMARTPOS program always up to date, NETPOS being exempt from any problem that arises from the lack of update of the program.

NETPOS will provide the CONTRACTING PARTY with support and service, according to the conditions explained in Clause X below.

In case of cancellation or termination of this contract, the SMARTPOS usage history will be available for transfer from NETPOS servers to your computer (download) for a period of 60 (sixty) days from the date of cancellation or termination, after the which will be erased.

The CONTRACTING PARTY is responsible for all data and information contained in the invoices issued using the SMARTPOS program, which may result in the assessment and / or imposition of tax fines by the finance departments, exempting NETPOS from any problem resulting from misuse.

All information on rates, calculation bases and accessory obligations related to taxes, must be entered by the CONTRACTING PARTY, which is why the responsibilities for all obligations that fall on the activities of the CONTRACTOR, whether fiscal, tax, labor, consumer or any other nature, will be exclusively of the CONTRACTING PARTY.

The CONTRACTING PARTY undertakes to take all necessary precautions so that third parties do not use the service on their behalf.

NETPOS has the right to suspend or cancel the CONTRACTING PARTY’s access to the SMARTPOS program in cases of fraud, participation in obtaining a benefit or advantage in an unlawful manner or for failure to comply with any of the conditions of these Terms and Conditions of Use. In cases of suspension or cancellation for these reasons, NETPOS shall not make any indemnity to the CONTRACTING PARTY and may file the appropriate action in order to safeguard its interests.

It is the responsibility of the CONTRACTING PARTY:

4. a) Have the necessary hardware equipment for the proper use of SMARTPOS, namely tablets, smartphones and POS Smart equipped with Android 4.4 or higher.
Keep your equipment and other devices for accessing SMARTPOS software safe, using specific tools for this, such as antivirus, firewall, among others, in order to contribute to the prevention of electronic risks;

1. b) Use operating systems and browsers updated and in the version defined in accordance with the specifications provided by SMARTPOS;
2. c) Equip and take responsibility for the hardware devices necessary for accessing SMARTPOS, as well as for accessing these devices to the Internet;
3. d) The use, custody, maintenance and confidentiality of all passwords and logins to access SMARTPOS, and guaranteeing NETPOS that it will not share passwords with any third parties, except its authorized employees, who will use them only in their benefit.
4. e) The CONTRACTING PARTY must keep the SMARTPOS program always up to date with the latest version, NETPOS being exempt from any problems arising from the lack of updating of the program.

General information

The purpose of this clause is to explain how NETPOS may collect, store, process, share and transfer the CONTRACTING PARTY’s personal data when it uses the services offered by NETPOS (“Privacy Statement”).

What personal data does NETPOS collect

NETPOS collects information about the CONTRACTING PARTY when using the services provided, including the following:

Registration and usage information. When the CONTRACTING PARTY registers to use NETPOS services by creating an account, personal data is collected, pursuant to Article 5 of Law No. 13,709 / 2018, as necessary to offer and fulfill the contracted services.

Transaction and experience information. When the CONTRACTING PARTY uses NETPOS services, for example, to make sales and receive payments, information about the transaction is collected, as well as other information associated with the transaction, such as the amount involved, technical usage data and geographic location.

Participant information. When the CONTRACTING PARTY uses the services provided by NETPOS, personal data are collected that are provided about the other participants associated with the transaction.

Information that the CONTRACTING PARTY chooses to provide in order to obtain additional services or specific services online. If the CONTRACTING PARTY wishes to request services or advanced optional features, more information may be collected. NETPOS will send the CONTRACTING PARTY a separate notice at the time of collection, if the use of this information is different from the use disclosed in this Privacy Statement.

Information from third-party sources about CONTRACTING. NETPOS may obtain information from third party sources, such as data providers and credit agencies, when permitted by law.

Other information that will be collected in relation to the use of the services. NETPOS may collect additional information from and about the CONTRACTING PARTY when it communicates via NETPOS through the Service and Customer Service to the CONTRACTING PARTY or when responding to any survey.

Why will NETPOS keep personal data?

NETPOS will keep personal data to comply with legal or regulatory obligations and for your business purposes. Personal data may be kept for longer periods than required by law, if it is in NETPOS ‘legitimate interest and not prohibited by law. If the CONTRACTING PARTY’s account is terminated, NETPOS may take measures to mask personal data and other information, but it will reserve the ability to store and access the data as required to comply with current laws. NETPOS will continue to use and disclose this personal data in accordance with this Privacy Statement.

How will NETPOS process personal data?

NETPOS may process the information of the CONTRACTING PARTY for the following reasons:

To provide the Services, including to: authenticate the CONTRACTING PARTY’s access to an account; communicate with the CONTRACTING PARTY about your account and the contracted services; create a connection between the CONTRACTING PARTY account and a third party account or platform; perform credit checks and other financial reputation checks, evaluate applications and compare information for confirmation and accuracy; and keep the CONTRACTING PARTY’s account and financial information updated.

To manage NETPOS ‘business needs, how to monitor, analyze and improve the performance and functionality of services. For example, the CONTRACTING PARTY’s behavior will be analyzed and research will be conducted on how the CONTRACTING PARTY uses the contracted services.

To manage risks and fraud, the identity of the CONTRACTING PARTY will be verified. NETPOS ‘risk and fraud tools use personal data, device information, technical usage data and geographic location information to help detect and prevent fraud and abuse of services.

To comply with the obligations and enforce the terms of NETPOS services, including to comply with all applicable laws and regulations.

Does NETPOS share personal data?

NETPOS may share the CONTRACTING PARTY’s personal data or other information with others in some ways, as described in this section of the Privacy Statement and for the following reasons:

With other companies in the NETPOS economic group. NETPOS may share the CONTRACTING PARTY’s personal data with companies of the NETPOS economic group to, among other things, provide the requested or authorized services; to manage risks; to help detect and prevent potentially illegal and fraudulent acts and other policy and contract violations; and to assist in managing the availability and connectivity of NETPOS products, services and communications.

With other companies that provide services to NETPOS. NETPOS may share personal data with third-party service providers that perform services and functions under the guidance and name of NETPOS. These third-party service providers may, for example, provide services, verify the identity of the CONTRACTING PARTY, assist in processing transactions, send announcements of products and services or provide NETPOS customer service.

With financial institutions, payment arrangements and similar institutions: we can share Personal Data with financial institutions, payment arrangements and similar institutions with whom we have a partnership to jointly create or offer products. These institutions may only use this information to market and offer products related to NETPOS’s business, unless you allow other types of use. We may also share Personal Data to process transactions, provide benefits associated with your services and keep your financial information up to date.

With other third parties for business purposes or as permitted or required by law. NETPOS may share your information with third parties for NETPOS business purposes or as permitted or required by law, including: if it is necessary to do so in order to comply with the law, legal processes or standards; law enforcement officials or other government officials, or third parties, to follow a subpoena, court order or other legal processes or requirements applicable to NETPOS; if NETPOS understands, in its sole discretion, that the disclosure of personal data is necessary or appropriate to prevent physical damage or financial loss or arising from an investigation of suspected or actual illegal activity; to protect a person’s vital interests; to investigate breaches or to execute a User Agreement or other Terms of Use pertaining to any service; to protect our property, service and legal rights; to facilitate a purchase or sale of NETPOS businesses in whole or in part; to help assess and manage risks and prevent fraud against NETPOS, its Users and fraud involving the website or the use of services, including fraud that occurs or involves any business partners, strategic ventures or other individuals; for companies with which NETPOS intends to merge or acquire; and to support NETPOS ‘audit, compliance and corporate governance departments.

With your consent. NETPOS also shares the CONTRACTING PARTY’s personal data and other information as long as with its consent or guidance.

In addition, NETPOS may provide aggregated statistical data to third parties, including other companies and individuals, on how, when and why users visit our website and use our services. This data is not personally identifiable nor does it provide information about your use of the services or websites.

How do we protect your Personal Data?

NETPOS maintains physical, technical and administrative security measures, designed to provide reasonable protection for the CONTRACTING PARTY’s personal data against loss, misuse, unauthorized access, disclosure and alteration. Although NETPOS is dedicated to protecting its systems and services, the CONTRACTING PARTY is responsible for protecting and maintaining the privacy of their passwords and account or profile registration information and for verifying that the personal data that has been reported to NETPOS is accurate and current.

Changes to this Privacy Statement

NETPOS may revise this Privacy Statement from time to time to reflect changes in its business, website, services or current laws. The revised Privacy Statement will take effect from the effective date of its publication on the NETPOS website.

If the revised version includes a substantial change, the CONTRACTING PARTY will be informed 30 days in advance, by posting a notice about the change on the NETPOS website at the following link: https://www.smartpos.net.br/termos- de-use /. NETPOS may notify the CONTRACTING PARTY about the change through e-mail or other means.

In view of the impossibility of full and uninterrupted operation of any telecommunication or computer system, for 365 (three hundred and sixty-five) days per year, 24 (twenty-four) hours per day, in this situation of fragility also including, due to its complexity, the availability of the service, including due to the dependence on telecommunications services provided by third parties, NETPOS does not guarantee, in any way, the provision of the service in an uninterrupted or error-free manner and is not responsible for the impossibility transactions or transactions are carried out during periods of unavailability of the service, in which case the CONTRACTING PARTY may not demand payment for loss of profit or any other type of indemnity.

NETPOS is not responsible, expressly or implicitly, for the performance of the CONTRACTING PARTY’s sales, for the CONTRACTING PARTY’s relationship with its customers, for direct and indirect expenses taken by the CONTRACTING PARTY to enable the services provided by NETPOS to function, or even for non-compliance with legal and regulatory provisions by the CONTRACTING PARTY that are related to the activities performed by it. NETPOS will endeavor to notify the CONTRACTING PARTY in advance of any planned maintenance or repair operations that may result in the suspension of services.

NETPOS is not responsible for the internet connectivity required for SMARTPOS to function, as well as for the unavailability, temporary or not, of governmental systems for issuing electronic invoices.

NETPOS is not responsible for any damage, loss or loss caused by failures in the equipment used by the CONTRACTING PARTY, whether due to the conduct of third parties, act of God, force majeure or virus infection, resulting from access or internet browsing or as a result of the transfer data of any kind.

NETPOS is not responsible, expressly or implicitly, for the suitability of the SMARTPOS software for the specific purposes of the CONTRACTING PARTY, which should, in case of any doubt, contact SMARTPOS support, through the channels made available in Clause X below.

In compliance with the provisions of this document, in particular in the Privacy Statement above, NETPOS undertakes to maintain secrecy and confidentiality about any information to which it may have access due to the services now contracted, and must maintain this confidentiality for a period of 5 (five) years after the end of the contract.

Technical and operational support for the Service will be provided directly by NETPOS or by a third party hired by it, under its responsibility. Telephone support will be provided through the telephone numbers on the website www.smartpos.net.br, without the right to use a free telephone system, and the CONTRACTING PARTY shall fully bear the costs of local and long distance calls. The support service provided via e-mail suporte@netpos.net.br or by any other electronic means made available by NETPOS will be free of charge.

In case of problems or difficulties in using the SMARTPOS program, the CONTRACTING PARTY must contact SMARTPOS support by telephone or by e-mail suporte@smartpos.net.br. After formalizing this communication, NETPOS will work to solve the problem in the shortest possible time.

The services provided by the SMARTPOS program are of the PRE-PAID and RECURRENT type, thus configuring a successive treatment relationship, which is renewed monthly upon payment of the respective monthly fee. For the sake of clarity, the use of the SMARTPOS program services will depend on the prior payment of the monthly fee corresponding to the contracted services.

The CONTRACTING PARTY expressly authorizes NETPOS, to charge the monthly fee due for the provision of the SMARTPOS program services, in the amount and in the form chosen by the CONTRACTING PARTY on the website www.smartpos.net.br at the time of contracting.

When the annual plan is signed, the customer has up to 07 days to request the cancellation and have the amount reimbursed. After 07 days, the customer will have loyalty for 12 months or more according to the signed promotional rule.

Failure to receive the payment slip or other form of debit notice by the due date is not a justification for non-payment, and the CONTRACTING PARTY, in this case, must immediately contact NETPOS, under penalty of suspension of the program service. SMARTPOS, and in this case, no indemnity will be due to the CONTRACTING PARTY.

In case of non-payment of the monthly fee, the SMARTPOS program service will be suspended until the payment is regularized.

Without prejudice to the provisions above, in the event that the CONTRACTING PARTY becomes in default in relation to the pecuniary obligations provided for in these Terms and Conditions of Use, NETPOS may use any judicial or extrajudicial measure to receive the payment due, with the addition of an update. and legal interest, in addition to a non-compensatory fine of 2% (two percent) on the total debt, NETPOS being authorized, at its discretion, to point the name of the contractor to the credit protection agencies, to protest the securities that are issued based on the provision of services and to file appropriate actions to satisfy their claims, regardless of other contractual consequences.

The monthly fees will be adjusted every January 1st, according to the IGP-M or, in its absence, with the index that will replace it, regardless of prior notification to the user.

NETPOS reserves the right to immediately and indefinitely suspend the provision of services to the CONTRACTING PARTY and to block access to the SMARTPOS program without prior notice in the cases listed below

(i) provided false, inaccurate, incomplete or misleading information;

(ii) has violated the terms of this Agreement;

(iii) impose an unacceptable risk of fraud on NETPOS;

(iv) is using the services in violation of applicable law or regulation;

(v) is involved in fraudulent or illegal conduct; or

(vi) is in arrears in the payment of services now contracted for a period exceeding 30 (thirty) days.

NETPOS will endeavor to notify the CONTRACTING PARTY in advance of its intention to suspend the services and will present the reasons for doing so.

All rights related to SMARTPOS and its functionalities are the exclusive intellectual property right of NETPOS, including with respect to its texts, images, layouts, database, programming codes, computer languages, databases and other content produced directly. or indirectly by NETPOS, and are protected by international copyright laws and treaties, trademarks, patents, models and industrial designs, especially Law 9609/98.

The misuse and the total or partial reproduction of the referred contents are prohibited, except when expressly authorized by NETPOS.

The CONTRACTING PARTY undertakes not to assign, sublicense, sell, donate, dispose of, rent or transfer, in whole or in part, under any modalities, under any title, SMARTPOS, as well as its manuals, guides, procedures or any other documents related to them . It also undertakes not to reveal, not to duplicate, not to copy, not to reproduce, not to authorize and / or to allow the use and / or access of SMARTPOS by third parties.

The CONTRACTING PARTY undertakes not to use the method of reverse engineering, disassembly, decompilation or any other attempt to discover the source code of the SMARTPOS software in whole or in part.

Nothing in these Terms of Use shall be construed as restricting any NETPOS right to the software, including, without limitation, with respect to its right to develop, modify, commercially exploit and license, at any time. third parties and under any modality, SMARTPOS.

The finding of any violation of these intellectual property rules will subject the user to the penalties provided for in the Law.

This contract is signed for an indefinite period, entering into and remaining in force from the date of its acceptance by the CONTRACTING PARTY.

NETPOS may modify, add or remove any clauses or conditions of this agreement. When the change implies restriction of the conditions initially agreed, NETPOS will inform the CONTRACTING PARTY of the change, by e-mail, by post or by any other electronic means, at least 30 (thirty) days in advance of the change taking effect. The CONTRACTING PARTY may terminate this contract at any time before the change takes effect and, if it does not do so, it will be understood that the CONTRACTING PARTY has accepted it tacitly.

NETPOS may terminate this contract at any time, by sending a written notice at least 30 days in advance.

The CONTRACTING PARTY may terminate this contract at any time, without moving, by sending a written notice at least 30 days in advance. Upon termination of the contract by either party, the CONTRACTING PARTY will be granted a period of 60 (sixty) days to make the electronic transfer (download) of the invoices, issued in the last five years of contracting, from NETPOS servers. After this period, the invoices will be deleted from the servers.

The tolerance of one party to the breach of any of the obligations of the other will not be considered a novation or waiver of any right, constituting mere liberality, which will not prevent the tolerant party from demanding the fulfillment of the other, at any time.

In the event that any provision of these Terms and Conditions of Use will be declared void by any movement, such provision will not affect the other provisions, which will remain in effect producing their effects.

The parties elect the Central Forum of the District of São Paulo to settle any disputes arising from this contract, renouncing any other, however privileged it may be.