INFORADIO
- Terms of Use
The terms of use below clarify the relationship between INFORMA SOLUTIONS, manufacturer of INFORADIO, and customers who are interested in using our products (which we refer to as SUBSCRIBERS).
We know that it is tempting to simply skip reading the terms and register your acceptance at the end to go directly to using the software. However, this document provides important information that directly interferes with your understanding of the practical use of INFORADIO. Please read it carefully.
These terms of use refer to INFORADIO, a cloud platform that centralizes and provides solutions for the management and operation of radio stations, produced and marketed by INFORMA SOLUTIONS.
The use of the SOFTWARE content, even partially or as a trial , indicates that you acknowledge that you have analyzed and accepted the conditions of use. Please read them carefully as use means that you have accepted all terms and agree to abide by them.
The document establishes a legal agreement between INFORMA SOLUTIONS, the company that developed the SOFTWARE (CONTRACTED) and the party holding the permission to use the SOFTWARE (SUBSCRIBER), whether this individual or legal entity.
By adhering to the right to use the SOFTWARE, it is assumed that this text has been duly read and compulsorily accepted as the basis for the relationship between the CONTRACTOR and the SUBSCRIBER and that its terms extend to all Informa products contracted according to the subscription model chosen .
The SOFTWARE is protected by copyright laws and international treaties relating to copyright in accordance with the current in Brazil and in the countries with which it has diplomatic relations, as well as other intellectual property laws and treaties. The SOFTWARE is licensed for use under a subscription (“pay and use”) model and not sold.
The CONTRACTOR reserves the right to modify the conditions presented in these Terms of Use at any time, through an update on the website itself, as well as by e-mail notification to SUBSCRIBERS, when applicable. These changes will take effect within 7 (seven) days from the date of publication on the website, and the most up-to-date copy will be available for consultation at https://arquivo.informa.solutions/inforradio/saas/terms-uso -inforadio.htm .
The Subscriber is responsible for the veracity, validity and accuracy of the information provided by him for his registration, including in relation to the indication of a valid e-mail address owned by him, and he is also responsible for keeping said registration always up to date.
By making the payment and completing the steps for the execution of his subscription, the SUBSCRIBER acquires the permission to access and operate the software in accordance with the applicable configurations, without the possibility of renting, reselling, assigning, lending or carrying out any type of commercial operation by which the rights to use the SOFTWARE are transferred from the actual SUBSCRIBER to any purported other subscriber/user.
This permission to use only covers the use of SOFTWARE products that are components of the platform in question, as per the signature , without any additional reservations regarding the product or added service offered by the CONTRACTOR.
The INFORADI component products are made available in the SaaS model (software as a service), which implies that they are used under a subscription model and right of access via the internet. Therefore, the monetary scenario for permission to use fits the "pay and use" model, not incurring the CONTRACTOR in any cases of reimbursement in case of any interruption of use.
Since INFORADIO is an environment composed of a variety of products whose publication and updating takes place on a continuous basis, it is important to highlight that the right of access and use by the SUBSCRIBER is always restricted to the set of contracted products (signed), not implying the manufacturer any obligation to release access and use by any means of authorization other than this.
INFORMA SOLUTIONS uses the ASAAS system as an intermediary for the financial management of membership options, whose privacy terms and conditions can be found at:
● Terms of use: http://ajuda.asaas.com/pt-BR/articles/102021-terms-de-uso
● Privacy: http://ajuda.asaas.com/pt-BR/articles/102029-privacy-policy
The acquisition process takes place through
the Informa customer portal , at the address: http:// portal.informa.solutions
.
The social networks whose integration is contemplated by some of INFORADI's component products are currently: Facebook/Facebook Messenger and WhatsApp.
Each SUBSCRIPTION refers to the use of the SOFTWARE for an account/number in relation to each social network.
In the case of Facebook and Facebook Messenger, both integrations refer to the same account , but it is possible to create different profiles for each program, in addition to the broadcaster's own profile.
In the case of WhatsApp, registration refers to a number duly registered in accordance with the legal provisions of WhatsApp Inc for commercial use, whose registrations require it to be brokered by a broker , a company accredited to manage authorizations for telephone numbers enabled to use the tool. business title. For the purpose of enabling the WhatsApp feature in our integration, the broker used is MessageBird, whose conditions and terms of use can be found at:
● MessageBird Terms of Use: https://www.messagebird.com/en/legal/terms/
Important : INFORMA SOLUTIONS does not assume the operating provisions, rules and availability requirements of the enabled social networks, or even what is the responsibility of the telephony system/model contracted by the SUBSCRIBER. The same goes for the conditions of use and availability of the contracted internet service(s), being fully responsible for the relationship between the SUBSCRIBER and the respective service provider(s) to usage relationship and supply guarantee.
Regarding the terms of use, conditions and rules of the aforementioned social networks included in our integrations, the legal provisions can be found at:
● Facebook Terms of Use: https://pt-br.facebook.com/terms
● WhatsApp Terms of Use: https://www.whatsapp.com/legal/?lang=pt_br#terms-of-service
INFORADIO is provided for online use and without any guarantee of operation regarding the form, period, condition, equipment or special elements of use for which it was not initially designed.
It is not up to the manufacturer to provide access to the SOFTWARE by any means other than those provided above.
Changes and updates are an integral part of continuous software improvement processes. INFORMA SOLUTIONS reserves the right to maintain the continuity and completeness of its software evolution process, providing any changes and updates that may be necessary or applicable to the availability and offer of INFORADI's functionalities, whether of a corrective or evolutionary nature, not if the SUBSCRIBER has any demand for knowledge or prior authorization.
Modifications to the security and protection system for the use of INFORADIO may be carried out without the need for prior notice on the part of the CONTRACTOR, always aiming at improvements and improvements. The CONTRACTOR also reserves the right to authenticate the use as provided by the signature, periodically and without prior notice. Such authentication may result in blocking the use of the SOFTWARE if any alteration, violation or attempted corruption of the usage provisions stated in this legal term are detected. The CONTRACTOR will immediately terminate the use license for such cases, discrediting the SUBSCRIBER identified as the holder of the access right.
The CONTRACTOR waives any liability that may be attributed to the user's operational behavior, as well as damage caused by the user to equipment, systems, inserted information, networks and third parties, directly or indirectly.
Training for the use of INFORADI will be made available through instructional videos accessible through the system environment, published and gradually updated in line with the evolution of the product. In case of doubts or any other difficulties in use, the SUBSCRIBER may contact INFORMA SOLUTIONS by electronic means or telephone, during business hours, using the channels provided on the website www.informa.solutions .
The Technical Support provided to the SUBSCRIBER is limited to clarifications on the functioning of the SOFTWARE and its operation, the CONTRACTOR being released from any instructions on the minimum use of computers, means of internet access, telephony resources or even for the operation of social networks contemplated in the scenario of integrations in the environment of their respective platforms.
All title and copyright in and to the SOFTWARE (including, but not limited to, any images, photographs, animations, videos, audios, texts, codes, embedded files), the accompanying disclosure materials and any copies of the SOFTWARE, in any formats, are the exclusive property of the CONTRACTED PARTY. The SOFTWARE is protected by applicable copyright laws and international treaties. Thus, SUBSCRIBER shall treat the SOFTWARE like any other material protected by copyright. The partial or complete reproduction of the digital materials provided by the CONTRACTOR is prohibited, by whatever means, and the SUBSCRIBER is bound to the legal consequences of an act that breaks the legal provisions of this document.
SUBSCRIBER does not hereby acquire any intellectual property rights or other exclusive rights, including patents, designs, trademarks, copyrights or rights in confidential information or trade secrets, on or related to the SOFTWARE or any part thereof. The SUBSCRIBER also does not acquire any rights over or related to the SOFTWARE or any of its components, in addition to the rights to use the service and others expressly licensed thereto under this AGREEMENT or in any other mutually executed agreement in writing that the SUBSCRIBER may have entered into. with the CONTRACTOR. Any rights not expressly granted under this instrument are reserved to the CONTRACTOR.
All modifications, improvements and corrections eventually made to the SOFTWARE based on a suggestion or communication by the SUBSCRIBER are incorporated into the SUBSCRIBER and subject to the provisions of these TERMS OF USE, being published by the CONTRACTOR to all SUBSCRIBERS who use the same model of the SOFTWARE, from the applicable version updates according to the implementation, validation and release process practiced by the CONTRACTOR.
The SUBSCRIBER hereby agrees with modifications, implementation of new features or tools, improvements or corrections in the SOFTWARE model it uses, being at the discretion of the CONTRACTED the management and approval of these modifications as well as the conditions for updating. The installation of updates is done by the CONTRACTOR automatically in the cloud provision environment for the SOFTWARE.
The updates mentioned here always and only refer to what is legal within the validity period of the subscription and according to the contracted model, excluding for any purposes any alternative that appears outside these conditions.
A subscription can be canceled by either of the two parties to the agreement, by the SUBSCRIBER or by the CONTRACTOR, as follows:
2.1 The SUBSCRIBER may request an extra period of 05 (five) consecutive days to regularize its financial situation with the CONTRACTOR. After this period, access is permanently blocked and the data maintained by INFORMA SOLUTIONS are packaged and made available to the SUBSCRIBER for download, upon formal and direct request. for a period of 15 (fifteen) days, after which they will be strictly excluded from the bases used by INFORADI, and the CONTRACTED PARTY is totally exempt from any recovery obligation after this time.
None of the above cases contemplates any action for reimbursement of values by the CONTRACTOR.
The availability of INFORADI access and operation is guaranteed by the cloud computing model and the infrastructure for this scenario is associated with Microsoft AZURE, a set of services, tools and security policies whose configuration and use aim to guarantee integrity, as well as adherence to the models data protection laws.
For more details, visit: https://azure.microsoft.com/en-us/overview/#what-is-azure
7.1. What do
we collect?
For the purpose of using the products that make up INFORADIO, specific information is collected according to the product, which will be described below.
Informa Solutions clarifies that no information regarding customers, listeners, suppliers, users or any other forms of contact with the station is shared outside the domains of the software itself and that any and all possible sharing is the sole responsibility of the contracting party , in whose competence it is management of the good use of the tools in question, including with regard to the behavior of users authorized by it to use the contracted products.
Informa Solutions also discourages any sharing of information by listeners and any other contacts that may interact with the Issuer through its applications, highlighting the risk of legal sanction due to the application of the LGPD guidelines, as provided in the publication.
With regard to component products that use any levels of interaction via social networks, only essential information is used, as follows.
The collection of information is carried out within the criteria of configuration of the accounts of each integrated social network and the respective contracting and collection model and is restricted to what is necessary for these integrations to be operational, as highlighted:
Facebook :
●
For
configuration: Page id, page name.
●
For
interactions: posts, comments, and comments responses being user image, user
name, and sent text its components.
Facebook
Messenger:
●
For
configuration: this is the same account configured for Facebook.
●
For
interactions: messages, with user image, user name and message text being its
components.
Instagram Direct Messenger :
●
For
configuration: this is the same account configured for Facebook, select a Page
connected to a business instagram account.
●
For
interactions: messages, with user image, user name and message text being its
components.
WhatsApp :
●
For
configuration: phone number enabled for use.
●
For
interactions: phone number of contacts and messages.
ASAAS – information regarding the operation settings for billing and sending of related communications, as required by the operator:
●
Subscriber
data (name/corporate name, CPF/CNPJ, e-mail)
●
Credit card
details, however we store the truncated card number (last 4 digits only) and do
not store the security code.
●
Address
(optional)
7.2. Where and
how do we store it?
The information is stored in a SQL database in Microsoft Azure. Security is maintained according to the standard Azure model, but there are additional features that can be enabled if needed, but which incur costs. Follow link for more details: https://docs.microsoft.com/en-us/azure/sql-database/sql-database-security-overview
7.3. What do
we use this information for?
INFORMA SOLUTIONS will not use at any time any of the information provided in connection with the registration and operation of INFORADIO by the SUBSCRIBER, except for the celebration and maintenance of the commercial relationship legally arranged between them and for the duration of the contracted subscription (fundamental communication, such as sending informational emails, billing and marketing). It is added that INFORMA SOLUTIONS does not use any of the information related to the listeners or any other possible contacts that are made through INFORADI and whose interaction generates any level of registration in the operation of the tool.
7.4. What, and
when, do we exclude?
All stored data are kept for the duration of
the subscription and are automatically deleted in their entirety upon eventual
cancellation or if default is found after the corresponding deadlines have
elapsed, as described in topic “6. Cancellation of Subscription and Default”,
in this document.
7.5. How to request the deletion
of data?
To request the
deletion of the data we use in our platform, please, contact us in
dpo@informa.solutions.
8. DISCLAIMER OF WARRANTIES AND LIABILITY.
1) The SUBSCRIBER expressly understands and agrees that the use of the SERVICES is under its own responsibility and that the SERVICES are provided as-is, subject to availability, and are not subject to custom modifications.
2) INFORMA SOLUTIONS is not responsible for:
a) Accuracy, punctuality, security and error-freeness related to the operations of the various social networks or any items related to the contracted internet infrastructure services, as they refer to operational aspects that are the sole responsibility of the respective providers .
b) Accuracy, reliability or adequacy of the information obtained by the SUBSCRIBER through interaction through social networks, since they are information received from third parties and there are no means of guaranteeing their validity within the scope of operation of INFORADI.
c) Direct, indirect, incidental, special, consequential or exemplary damages incurred by SUBSCRIBER, caused under any theory of liability. This includes, but is not limited to, any losses and damages, direct, indirect or lost profits, relating to the SUBSCRIBER or third parties.
d) Any loss the SUBSCRIBER may incur, including, but not limited to, loss or damage as a result of:
i) Changes that INFORMA SOLUTIONS may make to the SERVICES;
ii) Deletion, corruption or inability to store any content or other communications data maintained or transmitted by/through the use of the SERVICES in relation to the providers (social networks and cloud) to which it integrates, by the SUBSCRIBER or by third parties;
iii) Failure by the SUBSCRIBER to provide correct information for its registration or any other necessary for the operation of the services included in the subscription;
iv) Failure by the USER to observe the security and confidentiality of his account details.
e) Impossibility of access to INFORADI or failure of operation and communication with the system, resulting from:
i) Any problems caused by crashes, defects, inadequacy, conflicts or failure of hardware, operating system, internet connection or any other infrastructure aspects related to the administration and use by the SUBSCRIBER;
ii) Inability to operate the necessary equipment and technologies;
iii) Failures in the World Wide Web (Internet) and/or access providers;
iv) Modifications of connection standards by any of the other suppliers with whose products INFORADI is integrated, causing breaks or failures in the integrations;
v) Any damages resulting from the improper use of the SUBSCRIBER's data along its pages in each social network, as it is a particular relationship between the SUBSCRIBER and the providers of each model of such networks, on whose security INFORADIO cannot intervene;
vi) Any information contained or that may be provided and inserted in the INFORADI use environment by the SUBSCRIBER, being the responsibility of the person who sent them;
vii) Acts of bad faith by third parties who invade your pages on said networks, such as hackers , who access the USER's registration and personal data and use them unlawfully for any purpose. INFORMA SOLUTIONS takes care to prevent intrusions, maintaining compliance with the best practices of secure communication and always using the most up-to-date encryption models, but is not responsible and cannot be held responsible for its inviolability;
viii) Blocking access and/or use of any of the SUBSCRIBER's profiles on their respective social networks due to non-compliance with any of the models and terms of use in force among the rules of use, according to each manufacturer.
3) Availability of the necessary equipment for access and use of INFORADI on the part of and/or in the SUBSCRIBER's operating environment.
4) Warranties of any type of support offered by its technicians or representatives, except those referring to the use of the SOFTWARE under the conditions for which it was designed.
The parties elect the Forum of the District of São José do Rio Preto, State of São Paulo, as competent to resolve any doubt of this instrument, with the waiver of any other. Once the electronic acceptance has been registered by means of reading, the SUBSCRIBER is aware of all the provisions of this instrument, the commitment to full compliance with the prerogatives registered herein is signed.