Terms and Conditions of Use
Last updated: 05/29/2023
IMPORTANT - PLEASE READ CAREFULLY: BY CREATING AN ACCOUNT OR USING THE neoSVG SERVICE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.
The neoSVG website and any related downloadable software are protected under international copyright laws and treaties, along with other intellectual property laws and treaties.
1.1. Service or Platform - The website, application, and any related services offered via the neoSVG platform.
1.2. You or User - Any individual who creates an account on the Service, or if the Service is being used on behalf of an entity by an individual authorized to agree to such terms on behalf of such entity, then "You" refers to that entity. If you are accessing the Service on behalf of your employer, you affirm that you have the authority to agree to these Terms on its behalf.
1.3. We or neoSVG - The product brand of Nucleum Softwares Ltda, which administers the services of the Platform.
1.4. Agreement or Terms - The present document to which the User agrees during the registration process.
1.5. Account - The User's registration through a unique username and password created during the user registration process on the Platform.
1.6. Payment Method - An up-to-date, valid, and acceptable method of payment, which may be updated periodically and may include payment through your account with third parties. The primary payment method is by credit card. Additional payment methods may be available based on the options provided by neoSVG.
1.7 Law - This refers to the specific law or laws applicable as described in Section 9.1.
By creating an account on neoSVG, the User agrees and understands that:
2.1. The information provided during their registration will be used to create their User account, which, through a unique username and password, will grant them access to their account.
2.2. The User must keep their username and password confidential to safeguard their account, as they are accountable for all activities that occur within their account or through it.
2.3. If neoSVG determines that any information provided during the User's registration is incorrect, false, or suspicious, or if the User refuses to correct such information, neoSVG may deny the User's registration or may block or terminate their existing account.
2.4. Due to technical and operational challenges, neoSVG cannot guarantee uninterrupted, flawless, and continuous operation of the services, nor can it assure their utility for performing any specific task. Consequently, neoSVG will not be liable for any damages resulting from service interruptions or malfunctions, and it does not bear any responsibility for perceived usefulness by the Users, service fallibility, or any difficulties in accessing them.
2.5. neoSVG respects individual privacy and values the trust of its Users. We are committed to protecting the personal information stored on our platform. However, please bear in mind that no method of transmission over the internet or any type of software is completely secure. While we strive to use commercially acceptable means to protect your personal information, absolute security cannot be guaranteed. neoSVG makes every effort to ensure that our platform is secure and reliable. Nonetheless, we cannot guarantee the absence of viruses or other harmful elements that may impact the User's computer systems (software and hardware), or electronic documents stored in the computer system. Therefore, neoSVG disclaims any liability for damages that may result from such harmful elements.
2.6. neoSVG is not responsible for losses or damages due to accidental damages, system hardware or software failures, including User registration information, contact information, data resulting from the provision of services, and any other types of information affected by such computer failures.
2.7. The User agrees to immediately notify neoSVG of any unauthorized use of their account, as well as any breach of security of which they become aware. neoSVG will not be held responsible for any loss or damage resulting from failure to comply with this provision.
2.8. neoSVG reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.
Guidelines for Using the Platform
By accepting these Terms, and/or by availing our Services, You affirm:
3.1. You possess the legal capacity to undertake civil acts as per applicable law and pledge to provide accurate and truthful information on the Platform. You assume full accountability for the information provided during your registration.
3.2. You are at least 18 years of age. You understand and accept that the site is not intended for users under 18 years of age. If neoSVG identifies a User under the age of 18, the said User's account may be suspended or deleted.
3.3. Any information and/or offers presented through the Platform may be revised or updated at any time, at the sole discretion of neoSVG, without any obligation for compensation.
3.4. You will abstain from using the Platform for any unlawful activities and will comply with the legislation in effect at all times.
3.5. You acknowledge that it is prohibited to upload or introduce any content on the Platform that contains harmful elements capable of disrupting its proper functioning or damaging the computer systems of neoSVG or third parties.
3.6. You comprehend that if there are suspicions of fraud or illegal activities, your access to the Platform may be suspended or blocked at any time, without any liability for compensation on our part.
3.7. neoSVG reserves the unilateral right, without notice, to terminate or suspend your access or use of our Services, for any or no reason. You acknowledge and agree that we shall have no liability or obligation to you in such event, and you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
3.8. You recognize that accessing the Platform via public and unprotected Wi-Fi networks can jeopardize the information stored on your device. You declare your understanding that it is your responsibility to ensure the reliability of the networks through which you access the Platform. neoSVG bears no responsibility for any damages arising from the use of public networks deemed unsafe.
3.9. It is prohibited to create accounts or perform actions on the site by unauthorized means, including but not limited to, the use of automated devices, scripts, bots, spiders, trackers or scrapers. Violation of this policy may result in account suspension and potential legal action.
4.1. As a neoSVG User, your personal data will be processed, which may include storage in controlled environment. You reserve the right to request confirmation from neoSVG regarding the processing of your personal data.
4.2. Data Processing: neoSVG may collect, store and process information provided by You as outlined in section 2 of these Terms. This information could include automatically generated data like device characteristics, browser type, Internet Protocol (IP) address, access dates, times, logs, accessed applications and screens, geolocation data, cookies, pixel tags, beacons, local shared objects, device fingerprinting (a method of recognizing a specific mobile device), or any other relevant information that can enhance the management of the Platform.
4.3. Your personal data, in part or whole, may be transferred internationally, for instance, when stored on neoSVG's cloud servers located inside or outside Brazil. In these cases, neoSVG adheres to all established legal requirements.
4.4. Personal data may also be stored using cloud computing technology and any other emerging technologies, with the objective of continually improving our services and security.
4.5. If it's demonstrated that any personal data is processed beyond the intent of LGPD, you may request that neoSVG limit such processing. However, complete anonymization may not be feasible due to technical constraints or legal requirements, including obligations with our third-party service providers. In such cases, neoSVG remains committed to maintaining your privacy and complying with our legal obligations.
4.6. Users can deactivate their account on the Platform by directly navigating to the settings and choosing to delete the account. Upon termination of your account, or any other services or products, we may retain some of your data for an additional period. This retention is for purposes such as auditing, compliance with legal or regulatory mandates, exercising neoSVG's rights, or during a period justified by the legal basis that necessitates data retention. For example, we may keep your data to fulfill obligations imposed by the Marco Civil Internet Bill of Rights and to secure rights in legal proceedings.
4.7. As detailed in subsequent sections, neoSVG utilizes certain third-party services. For these services to operate effectively, it may be necessary to share some of your registration data with them. By using our platform, you acknowledge and agree to this necessity, understanding it within the limits of neoSVG's liability.
Plans and Subscriptions
5.1. neoSVG offers subscription plans for access to exclusive features on its platform. Once subscribed to one or more services, recurring charges will continue until the subscription is cancelled by the account owner.
5.2. In order to use the neoSVG service, the User must have internet access and a device that is compatible with neoSVG, as well as provide one or more valid Payment Methods.
5.3. Unless the User cancels the subscription before the billing date, the User authorizes neoSVG to charge the subsequent subscription fee for the next billing cycle via their chosen Payment Method.
5.4. We may offer a range of subscription plans, including special promotional plans or subscriptions provided by third parties in conjunction with their own products and services. neoSVG is not responsible for the products and services provided by such third parties. Some subscription plans may have differing conditions and limitations, which will be disclosed at your subscription's inception or through other communications made available to you.
5.5. If the User decides not to continue with the exclusive services of neoSVG, they can cancel the automatic renewal of their subscription through their account. In doing so, the subscription will not be renewed. Please note that refunds are not issued for partially unused subscription periods.
5.6. To alter the current subscription plan of an account on neoSVG, you merely need to opt for a different plan. Upon doing so, your subscription will be seamlessly updated, and any previously paid amount will be proportionally applied as a credit towards the cost of the new plan.
5.7. At neoSVG, we prioritize our subscribers satisfaction. Therefore, we provide a 7-day money-back guarantee from the date of the subscription payment (as mandated by law). This allows for the cancellation and a full refund of the subscription fee paid by the subscriber. However, please note that if more than 10% of the services or resources have been used during this period, the full refund policy will not apply. To cancel your subscription, simply reach out to our dedicated support team via the provided contact email, stating your reason for cancellation. We are here to assist and ensure a satisfactory experience for you.
Disclaimers and Limitation of Liability
6.1. The Platform, including all content, products, and services encompassed within, are provided on an "as is" and "as available" basis unless otherwise explicitly specified in writing. neoSVG makes no representations or warranties, either express or implied, about the operation of the Platform, or the information, content, materials, products, or services contained within or made available to you through the Platform, unless explicitly stated in writing.
6.2. By opting to use the Platform, you acknowledge and agree that your use of the Platform is at your own risk. neoSVG does not assume any liability or responsibility for any (1) errors, inaccuracies, or omissions in the content and materials, (2) personal injury or property damage of any nature whatsoever, resulting from your access to and use of the Platform, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein.
6.3. neoSVG cannot guarantee and does not promise any specific results from the use of the Platform. We do not endorse or make any representations about third party sites, or any information, materials, or products found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this site, you do this entirely at your own risk.
6.4. Under no circumstances will neoSVG or its affiliates, suppliers, partners or agents be liable for any indirect, incidental, consequential, special or exemplary damages arising from your use of the Platform or any other claim related in any way to your use or registration with neoSVG. These exclusions for indirect, incidental, consequential, special or exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, work interruption, computer failure or malfunction, or any other commercial damages or losses, even if neoSVG had been advised of the possibility thereof.
6.5. The foregoing limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. This section shall survive the termination of these terms.
6.6. You agree to indemnify, defend, and hold harmless Nucleum Softwares Ltda, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Platform and third-party APIs, or your violation of these Terms, including any third-party claims that your actions have caused damage to a third party or a violation of the terms and conditions of any third-party services used through the Platform.
6.7 Indemnification for Third-Party Actions: If a user initiates a claim or lawsuit against a third party that is providing services through neoSVG, and that third party subsequently brings a claim or lawsuit against neoSVG in relation to the user's initial action, the user agrees to indemnify, defend, and hold harmless neoSVG against any liabilities, damages, losses, or costs that neoSVG incurs as a result of the third party's claim or lawsuit.
Intellectual Property Rights
7.1. All content, trademarks, service marks, trade names, logos, and intellectual property, whether registered or unregistered, on the Platform are owned by or licensed to Nucleum Softwares Ltda, and are subject to copyright and other intellectual property rights under local and international laws and conventions.
7.2. The Platform's Software, design, and the visual interfaces, graphics, design, compilation, information, data, computer code, products, software, services, and all other elements of the Platform provided by Nucleum Softwares Ltda ("Materials") are protected by intellectual property and other laws. All Materials contained in the Platform are the property of Nucleum Softwares Ltda or our third-party licensors.
7.3. Except as expressly authorized by Nucleum Softwares Ltda, you may not make use of the Materials. Nucleum Softwares Ltda reserves all rights to the Materials not granted expressly in these Terms.
7.4 Any files or content created through the use of the neoSVG service are at the disposal of the User who initiated the creation of such content. The User is granted a non-exclusive, royalty-free license to utilize these files according to their needs. Nevertheless, the proprietary software and technologies utilized to generate these files remain the sole intellectual property of Nucleum Softwares Ltda.
8.1. For more information about the neoSVG service, its features and functions, or if you need help with your account, please contact our support through the contact page, accessing the neoSVG website.
8.2. If you encounter potential errors within your account, you have the option to report these issues by sending an email to our support team via the contact page.
Governing Law and Dispute Resolution
9.1. These Terms will be governed by and interpreted in accordance with the laws of the Federative Republic of Brazil. Any references to "Law" throughout this document pertain to the laws of the Federative Republic of Brazil.
9.2. In the event of a dispute, the Parties agree to first attempt to resolve the matter amicably, either independently or through mediation administered by a mutually agreed-upon mediator, before resorting to arbitration or judicial proceedings.
9.3. In the event that a court, judicial, or administrative authority declares one or more clauses of these Terms annulled, the annulment does not affect the remaining provisions, which must survive and remain in effect and binding upon the parties.
9.4. The Parties mutually consent to the exclusive jurisdiction of the District of Londrina, State of Paraná, to resolve, interpret clauses, or address issues arising from this term Agreement that they cannot amicably resolve, regardless of any other jurisdiction that may be deemed more privileged.
9.5. In the event of a sale, merger, consolidation, liquidation, reorganization, or acquisition of neoSVG or Nucleum Softwares Ltda, in whole or in part, that results in a change of control of the service, the new controlling party or entity may, at its discretion, decide to adopt a new governing law and dispute resolution forum. If such a change occurs, you will be notified and your continued use of the Platform after such change signifies your agreement to be bound by the new terms.
Transfer of Rights
10.1. Nucleum Softwares Ltda may assign or transfer these Terms, at its sole discretion, without your consent. For instance, we may transfer or assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, or due to bankruptcy. In the event of a transfer or assignment, all rights and obligations under these Terms will be assumed by the acquiring entity.
10.2. By continuing to use the neoSVG service after such a transfer or assignment, you agree to be bound by the Terms as well as any changes that may be incorporated into the Terms by the acquiring entity.
10.3. Any new entity that acquires or takes over neoSVG or Nucleum Softwares Ltda will still be required to uphold and respect your rights as outlined in these Terms and in accordance with the applicable laws.