BASE39 LTDA. (“BASE39”), a legal entity under private law, registered with CNPJ/MF under no. 57.778.216/0001-08, headquartered at Avenida Paulista, 777, 15th Floor, Suite 15, Room 1379, located in the Bela Vista neighborhood, ZIP 01311-914, São Paulo, São Paulo, Brazil, through these Terms and Conditions of Use of the Software License and related functionalities – Base39 (“Terms of Use”), governs the rules and conditions for accessing and using the Base39 data analysis software (“SOFTWARE”).
Acceptance and Agreement
The use of the SOFTWARE implies agreement with the licensing terms and conditions defined by BASE39, in accordance with Law No. 9.609/98 (Software Law).
By accessing the Base39 system (“Platform”) to use the SOFTWARE, and accepting the Terms of Use, the client of BASE39 LICENSED (“CLIENT” or “LICENSED”) confirms that they have read and fully agree, voluntarily and consciously, with all provisions contained herein and in other referenced and/or attached documents, having nothing to oppose, and undertakes to comply with them, on behalf of themselves, their heirs, and successors. If there is no agreement regarding the rules set forth in the Terms of Use, it will not be possible to use the products and services offered by BASE39.
The acceptance will be fully valid and regular, whether for the Terms of Use or at the stages of actual usage of the SOFTWARE and other products and services provided on the Platform, when made using the access data registered by the CLIENT, who declares for all intents and purposes that they have the legitimacy and legal representation sufficient to effectuate the acceptance, being solely responsible for the custody, confidentiality, and eventual sharing of this data with their employees, directors, and others. It is of utmost importance to observe the security rules contained in these Terms of Use regarding data sharing, avoiding any unsafe behavior.
Main Definitions:
In addition to the definitions set out in the preamble qualification, the following definitions must also be considered for a better understanding of the clauses of these Terms:
“API”: Application Programming Interface – it is the Application Programming Interface that facilitates communication and information exchange between systems.
“CLIENT” or “LICENSED”: the individual of legal age or the legal entity duly represented, who obtains the software usage license, accesses the Platform, and completes their personal registration to enjoy the features offered by BASE39, being subject to all the rules of the Terms of Use, Privacy Policies, and other documents referenced and/or attached herein.
“Contract”: means these Terms of Use, as the document that governs the contractual relationship between the CLIENT and BASE39.
“LGPD”: Law No. 13.709, of 14.8.2018, or General Law for the Protection of Personal Data.
“Payment Methods”: allow the BASE39 CLIENT to make payments, transfers, or any transaction involving outgoing funds received through the Payment Methods.
“Partner(s)” or “Subprocessor(s)”: Third parties with whom BASE39 forms partnerships to provide data, services, and products. The list of Subprocessors can be consulted in Subprocessor Policy; among other third parties with whom BASE39 may enter into partnerships to offer options that meet the needs of the Platform and CLIENTS). BASE39 may, according to the agreements made with Partners or Subprocessors, terminate the partnership without the need for notice to the LICENSED, whereupon updates will be made directly on the Platform.
“Platform”: the application of the BASE39 SOFTWARE with all the products and services covered by these Terms of Use, adapted and developed for operation on the website.
“Privacy Policies”: the Privacy Policy of BASE39, available at Policy, as well as the Policy for Partners and Subprocessors, available on their respective sites.
Regarding the Usage License
All those who use the SOFTWARE whose copyright is owned by BASE39 are subject to the hiring of the Usage License (“License”).
The SOFTWARE License is granted by BASE39 for a fee, non-exclusive, non-transferable, revocable, and for a fixed term, according to the conditions stipulated in the plan and licensing modality contracted.
The LICENSED obtains the license to use the SOFTWARE exclusively for processing their own information or that of corporate entities linked to it and previously informed to BASE39.
BASE39 has the right to immediately cancel the LICENSED’s access to the SOFTWARE if it is used in a manner that violates these Terms of Use or in any way causes actual or potential harm to BASE39.
Regarding Intellectual Property
The LICENSED does not acquire, by this Instrument or by using the SOFTWARE, any intellectual property or other exclusive rights, including patents, designs, trademarks, copyrights, or any rights over confidential information or trade secrets, as well as all content made available in the system or platforms provided by BASE39, directly or through its Partners.
The LICENSED has no rights over the SOFTWARE beyond those expressly granted in this contract. Any rights not expressly granted in this instrument are reserved to BASE39.
Regarding the Licensing Period and Automatic Renewal
The licensing period is determined, starting on the date the LICENSED accepts the Terms of Use and standing for the term of the contracted plan, including automatic renewals. Acceptances of any updates to the Terms of Use during the term of the Plan do not restart the period; they only continue the relationship.
The LICENSED is aware and authorizes the automatic renewal of the Contract for equal and successive periods. If the LICENSED no longer wishes to renew, they must expressly indicate their disagreement through the specific function indicated in the Platform at least 15 (fifteen) days before the expected termination date in the Plan. If this deadline is not met, the automatic renewal and the continuation of billing will proceed normally, and the LICENSED must make the respective payment.
In the event of insufficient funds in the payment method indicated by the LICENSED, the automatic renewal may consider a Plan with a duration proportional to the LICENSED's balance.
Renewals of licensing will follow the same Terms of Use and its eventual updates, including regarding penalties. The Contract may be terminated as established in this document.
Compensation and Payment Methods
The LICENSED must pay BASE39 the amount of the licensing plan classified according to the current plans of BASE39 and in accordance with the periodicity defined among the payment options provided to the LICENSED at the time of hiring.
Other paid services, whether foreseen or not in these Terms of Use, may be made available at a cost and payment methods to be specified in the respective offer within the Platform.
If the LICENSED opts for a higher licensing plan (upgrade) during the term of the contract, charges may be processed to adjust compensation according to the new plan. Opting for a lower licensing plan (downgrade) will not be allowed during the contract term.
If the LICENSED contracts additional services during the contract term, the value of these additions will be incorporated into the total compensation to be paid by the LICENSED, in proportion to the remaining duration of the Plan. In the automatic renewal of the Plan, all additional services contracted up to that moment will be included, considering their respective full values for the new period of validity of the Plan.
Additional services provided to the client in the postpaid mode will not be included in the Plan upon automatic renewal.
Failure to pay by the due dates will not result in the automatic termination of the Contract, but will lead to the suspension of the LICENSED's access to the SOFTWARE until payments are regularized.
Access will be restored after confirmation of the full payment of all amounts owed while access was suspended by BASE39, which may take up to two business days.
If the LICENSED does not resolve their financial issue within 10 (ten) days after the due date, BASE39 reserves the right to terminate this Contract.
If the LICENSED does not resolve the financial issue within 90 (ninety) consecutive days after the suspension of access, BASE39 may permanently delete all the information of the LICENSED stored in the SOFTWARE.
The prices of licensing plans may be updated periodically, considering the following factors: (a) Annual Correction: Adjustment made annually (or at the shortest legally permitted interval) based on the positive variation of the IPCA; (b) Quarterly Reclassification: Every 3 (three) months, the Plan may be revised according to the current price table, taking into account the amount of data and/or resource consumption for data analysis and the plan's recurrence for the LICENSED; (c) Product Evolution: In addition to the factors mentioned above, the LICENSOR may periodically adjust prices to reflect evolutions and developments in the product and/or service offered, such as the launch of new features, performance improvements, or the addition of integrations. The LICENSED will be informed at least 07 (seven) days in advance of any price update for the Plans.
BASE39 reserves the right to automatically pass on to the LICENSED any taxes that may incur due to changes in tax treatment during the contract term, if applicable.
BASE39 may, at its discretion, voluntarily offer discounts on the amounts of the licensing plans. In this case, the discounts will be valid for up to 12 (twelve) months, and the discount coupon may vary from 30 (thirty) to 350 (three hundred and fifty) days depending on the frequency contracted by the LICENSED, whether monthly, quarterly, or annually. BASE39 may renew or not the discount percentages, and may also cancel the discounts after the validity period without prior notice, and also during the validity period if the client does not use the software for more than 3 (three) months or is inactive.
Considering that the contracting of the object executed in this Contract by BASE39 begins with the compensation of the amounts charged, the invoice will be issued after the effective contracting and activation of the Software.
Information Reimbursement
After the suspension of the LICENSED's access to the SOFTWARE, BASE39 will maintain the LICENSED's information stored for a period of 90 (ninety) days. During this period, the LICENSED may extract the information in a machine-readable format.
Upon the expiration of the 90 (ninety) days mentioned in Clause 7.1., all information of the LICENSED, including PERSONAL INFORMATION and DATA IMPORTED BY THE LICENSED, will be permanently deleted from BASE39's database, regardless of whether they have been extracted or not by the LICENSED.
The information about date, time, and IP address used by the LICENSED to access the Site and the SOFTWARE will be stored by BASE39 for 6 (six) months, even after the end of the relationship between the parties, in compliance with the provisions of Article 15 of Law No. 12.965/2014. In cases of court order, this information may be stored for a longer period.
Service Level
BASE39 will make commercially reasonable efforts to ensure that the SOFTWARE is available at least 99% (ninety-nine percent) during each Service Year, as defined below (“Service Level Commitment”). In the event that BASE39 does not meet the Service Level Commitment, the LICENSED will have the right to receive a credit corresponding to 1 (one) month's fee, 1/3 for quarterly plans, or 1/12 for annual plans (“Service Credit”).
By “Service Year” is meant the 365 days preceding the date of a claim related to the service level. If the LICENSED has been using the SOFTWARE for less than 365 days, the Service Year that applies will still be considered as the 365 days preceding; however, the days prior to their use of the services will be considered as 100% (one hundred percent) availability. Periods of operational inactivity that occur before a successful claim for Service Credit cannot be used for future claims.
The Service Level Commitment does not apply if the circumstances of unavailability result from:
Power supply interruption or emergency downtimes not exceeding 2 (two) hours or that occur between 24h and 6:00h (Brasilia time).
Factors beyond the reasonable control of BASE39, including fortuitous events and force majeure or internet access and related problems.
Any acts or omissions of the LICENSED, third parties or third-party applications.
Equipment, software, or other technologies that the LICENSED uses and that prevent regular access to the SOFTWARE.
Failures of individual instances not attributable to the unavailability of the LICENSED.
Network management practices that may affect its quality.
Regarding Termination
The LICENSED may request the cancellation of the Plan at any time, however, will only be entitled to the full refund of amounts paid if the cancellation request is made within 7 (seven) days after the date of contracting or, exceptionally, according to the cancellation period specifically provided in the adherence to promotional campaigns. The cancellation period specified above is unique for the first contracting, and does not confuse with the period of 15 (fifteen) days to request the non-automatic renewal.
The LICENSED acknowledges that the licensing is priced according to the contracted Plan modality, and even in the case of early termination, BASE39 will not refund values related to the remaining period of the Plan, which will remain available for use until its final term; the LICENSED must make the full payment of the debt balance, regardless of having opted for full or installment payment. The same rules apply to other additional contracted items and forecasted to be made available to the LICENSED for the contracted period.
BASE39 may terminate the Contract at any time, without cause, as long as it notifies the LICENSED at least 30 (thirty) days in advance and refunds any debt balance from the contracted Plan.
BASE39 may terminate the Contract at any time, without refunding any debt balance of the contracted Plan and without any other burden on itself or on the Partners, provided that the termination is motivated by:
Violation of the Terms of Use and/or applicable legislation, by the LICENSED.
Payment delay by the LICENSED, not rectified within 90 (ninety) days.
Immediately, when there is suspicion or confirmation of practices related to fraud, money laundering, and financing of terrorism.
Inconsistencies in registration, suspicions of crimes, transactions outside of standard use, and/or if the LICENSED ceases to send valid documents requested by BASE39 or the Partner, to prove their identity.
Any action by the LICENSED that may harm BASE39 and/or its Partners.
In the event of death, judicial interdiction, or insolvency of the LICENSED.
Declarations of the LICENSED
The LICENSED declares to have full knowledge of the rights and obligations arising from these Terms of Use, constituting this Instrument the entire agreement between the parties. The LICENSED also declares to have read, understood, and accepted all its terms and conditions, as well as the rules in other documents mentioned and/or attached herein.
The LICENSED declares awareness and agreement with the purposes and activities of data processing to be carried out by BASE39 for the execution of the contract, including the recording in BASE39's databases of acceptance activities, access, and operation of the software.
The LICENSED declares to understand that the Software subject to this Contract is a data processing tool that does not guarantee results by itself, thus not exempting the LICENSED from properly feeding the necessary information and parameterizations based on current legislation, as well as their own security controls and procedures for data storage and generation.
The LICENSED understands and agrees that the use of their Information by a Third Party application is governed by the privacy policies and settings of that application. The use of this information by the LICENSED is governed by these Terms and Conditions and by the settings of their account in BASE39's SOFTWARE. BASE39 is not responsible for the handling of information by the Third Party application.
The LICENSED declares to have been previously informed about the LICENSED SOFTWARE and its features and understands that the SOFTWARE as provided meets their business needs. The LICENSED declares that they will use the system and all its features as they are, for data analysis with the aim of increasing their productivity, not falling under the condition of a consumer.
The LICENSED is aware that the operation of the SOFTWARE may experience interruptions and is not exempt from errors, which is why they understand the necessity of support and maintenance services. The LICENSED is aware that there is no way to guarantee compatibility of integration between the SOFTWARE and any other systems owned by third parties.
Responsibilities and Obligations of the LICENSED
The LICENSED is responsible and undertakes to:
Keep trained personnel to operate the SOFTWARE and communicate with BASE39. When problems occur in the SOFTWARE, the LICENSED must provide documentation, reports, and information about the circumstances of the problems to facilitate and expedite resolution;
Bear the costs of telecommunications lines, modems, communication software, email address, and other resources necessary to communicate with BASE39;
Be responsible for the general information they enter in the SOFTWARE, including registration data, permissions, passwords, usage mode, and mainly, for enabling their users. The LICENSED is responsible for backing up their information before deletion. All entries or deletions of data in the SOFTWARE made by the LICENSED are their sole responsibility. BASE39 is not responsible for the content entered, deleted, the authorization of users, nor for the storage of information deleted by the LICENSED.
Ensure that there are no legal or contractual prohibitions on providing BASE39 with proprietary data, customer data, financial information, personal information, and other data necessary for the execution of the service described in this Contract.
Ensure the legality of the data entered in the SOFTWARE, especially regarding compliance with legal bases and the rights of data subjects;
Not to use the SOFTWARE illegally, violating rights, causing harm to BASE39 or third parties, including computer device intrusion to obtain, alter, or destroy data without the authorization of the LICENSED of the data or of the device/server where they are stored.
Not to publish, send, or transmit files containing malware or any programs that may infect, damage, or interfere with the proper functioning of the SOFTWARE.
Inform BASE39 about any changes in the provided information that may affect the access necessary for the execution of the SOFTWARE features.
Fully comply with Brazilian legislation and all legal obligations related to the activity and use of this SOFTWARE and functionalities available on the Platform, expressly prohibited from using the system for fraud practices, acts of corruption, money laundering, concealment of assets or rights of any nature, as well as financing of terrorism or drug trafficking, under the terms of current legislation, while also observing the Privacy Policies, applicable Brazilian legislation, including consumer protection standards.
Immediately notify BASE39 of any suspicion of unauthorized use of the login and password for accessing the SOFTWARE, without prejudice to the immediate change of the password.
The LICENSED agrees with the specifications of the product as defined on our website.
The LICENSED is responsible for the information entered in the SOFTWARE related to configuration features and automations, as established in these Terms of Use.
The LICENSED is responsible for ensuring the security of the devices, networks, or resources and people that use the services of Base39. In case of any fraud or scam, Base39 will make the best efforts to support the LICENSED; however, Base39 cannot be held liable for any scams or frauds that the LICENSED may fall victim to.
Failure to comply with the obligations set forth in these Terms of Use, and negligence in maintaining the confidentiality and confidentiality of the account login and password by the LICENSED obliges them to bear responsibility for actions taken by third parties.
All transactions carried out using the login and password will be considered legitimate for all purposes and will not be subject to contestation or reimbursement.
The LICENSED is civilly and criminally liable for failing to meet their obligations, inaccuracies in statements, and unlawful conduct. The LICENSED will promptly indemnify BASE39 for losses and expenses arising from contractual breaches, incorrect statements, or claims from third parties. BASE39 may terminate the contract, block the account of the LICENSED, perform refunds for aggrieved clients, and notify competent authorities about the unlawful conduct practiced by the LICENSED and/or the respective third party whose name was wrongly used.
In cases of judicial or administrative actions taken by consumers of the LICENSED against BASE39, the LICENSED must request the substitution of BASE39 in the passive pole of the process or assume all costs of legal fees, taxes, and judicial costs arising. The LICENSED also agrees that BASE39 may involve them in the process, through the denunciation of the lawsuit or summons to the process, if necessary.
Assume the exclusive and irretrievable responsibility for payment and bear all legal and/or extrajudicial expenses arising from conflicts and claims made by consumers of the LICENSED, including litigation costs, lawyer's fees, settlements, and other obligations, in the judicial or extrajudicial sphere, assuming the debt as liquid and certain. These expenses will be borne by the LICENSED before BASE39. Proof of such expenses will be made through judicial or extrajudicial documents that indicate the amounts paid to the consumer, or by payment in cash via the bank slip issued by BASE39.
Not use the functionalities of the Platform to perform legal business that are prohibited due to legal, regulatory, contractual, statutory, or prohibited norms by law, contrary to morals or good customs, fraudulent, or that violate the rights of third parties, nor participate in business they know or should know are null or voidable.
Comply with all contractual, legal, and regulatory provisions applicable, especially those regarding consumer protection. BASE39 is not responsible for issues related to the compliance of these obligations by the LICENSED.
Hold BASE39 harmless from any responsibility related to the products and services offered, including risks, defects, inadequate information, disparities, unsuitability, misleading advertising, and breach of commercial transaction conditions.
Responsibilities and Obligations of BASE39
BASE39 undertakes to:
Make reasonable efforts to ensure that the SOFTWARE will work correctly, provided that the described usage conditions in the documentation are followed. If there are program bugs, BASE39 commits to promptly fix them to ensure the proper functioning of the software.
Provide, immediately after acceptance of this Contract, access to the SOFTWARE during its term.
Suspend access to the SOFTWARE of the LICENSED who is disrespecting the content rules established herein or the legal norms in effect, preserving values or resources that may be used for restitution of losses or damages to third parties.
Alter specifications and/or characteristics of LICENSED SOFTWARE for improvement and/or error corrections, according to the product plan defined by BASE39.
Make available to the LICENSED free support channels via Chat and WhatsApp, as stated in the Help Center information, available at the link Base39 Service Channels.
Maintenance obligations exclude changes to the SOFTWARE that arise from obligations assumed by the LICENSED with third parties, as well as specific needs of certain segments, in addition to complying with municipal and/or state legislation.
Disclaimer of Responsibility of BASE39
BASE39 is not responsible:
For user operational failure of the SOFTWARE, operation by unauthorized persons, or any other cause in which there is no involvement of BASE39.
For compliance with legal deadlines of the LICENSED for the delivery of documents, and for damages or losses resulting from administrative, management, or commercial decisions made based on the information provided by the SOFTWARE.
For any problems caused by actions of third parties that may interfere with the quality of the service.
For losses incurred to third parties due to content generated by BASE39 through the SOFTWARE.
For the unavailability or slowness of third-party applications connected to the SOFTWARE via API, or of telecommunications providers of the LICENSED.
For the accuracy of the data, legality, or possible violations arising from the provision of such information.
For any legal violations committed by the LICENSED of a tax, criminal, or any other nature, as well as for the generation and sending of documents, which are the sole responsibility of the LICENSED.
For information security breaches, frauds, or scams occurring due to action or omission of the LICENSED.
For the acceptance and incorrect filling of the information provided by the SOFTWARE.
It is the sole responsibility of the LICENSED to verify and correct their own inserted information, and it is recommended that the LICENSED regularly review it.
For the improper sharing of logins, passwords, or any other non-transferable data with third parties. Likewise, for inserting these sensitive data into unofficial Base39 websites, the LICENSED must take the best precautions to always log in to reliable and official sources.
BASE39 will not be responsible for personal damages or any incidental, special, indirect or consequential losses, including but not limited to lost profits, corruption or loss of data, failure of data transmission or reception, business interruption or any other loss or commercial loss related to the use or inability to use the SOFTWARE, regardless of the cause.
Limitation of Liability
In no event will BASE39 be liable for personal injury or any incidental, special, indirect or consequential damages, including without limitation damages for lost profits, corruption or loss of data, failure of data transmission or reception, non-continuity of business or any other commercial loss or loss arising from or related to its use or inability to use the SOFTWARE, for any reason.
In no event shall BASE39's total liability to the LICENSED for any damages exceed the amount corresponding to the last licensing plan paid by the LICENSED to BASE39.
Confidentiality and Data Protection
BASE39 commits to observing information security efforts aimed at ensuring confidentiality of data processed as a result of the Usage Licensing. Specifically regarding the personal data processed due to the Licensing, BASE39 will operate as a Personal Data Operator, handling personal data inserted in the system by the LICENSED, who will act as the Personal Data Controller.
The parties commit to processing personal data in accordance with current legislation, especially Law No. 13.709/2018 (General Law for the Protection of Personal Data).
BASE39 may share information from the LICENSED and linked users with third parties providing services related to the fulfillment of this agreement, including extra services such as onboarding and others. These third parties will be contractually bound to BASE39 and will be subject to compliance with BASE39's data security and privacy rules and policies, as well as compliance with current legislation.
The types of Third-Party Processors with whom we may share your personal data include:
Payment processors: to securely store and manage payment information, such as credit card details.
Email and distribution management providers: if you subscribe to newsletters or other commercial messages from BASE39, we will use third-party tools to send these communications.
Security and fraud prevention suppliers: we use these suppliers to identify suspicious or automated activities that may harm our services.
Software platform providers for customer service: we manage and respond to messages sent through our help center using a third-party communication management tool.
Cloud storage providers and other essential IT services.
User Support and Service. Some of these third parties may be located or process your information outside the country where you are based. In cases where our use of Third-Party Processors involves the transfer of personal data, BASE39 will take the necessary measures to ensure that personal data is duly protected.
Partners in the provision of credit consulting and delinquency services.
If the LICENSED contracts data enrichment services, they declare and guarantee that BASE39 may share the data provided by the LICENSED with bureaus and other data services, to ensure the availability of information about the LICENSED's client within the referred module with better accuracy regarding the financial health of the individual or legal entity consulted. Regardless of BASE39's efforts to establish with the providers of these services conditions of privacy and information security adequate and at the same level as that established with the LICENSED, the LICENSED must consult the data processing conditions and privacy policies of the eventual bureaus and data services used for consultation, not holding BASE39 liable for any inadequate, illegal, or abusive data processing conducted by such services.
By using any service or product from the module related to data enrichment, the LICENSED declares to be aware and agree with the obligations related to the subject, provided for in these Terms of Use.
The data processing carried out by BASE39 observes the LGPD and contractual obligations established with the data controllers. More information can be obtained in the privacy policy available at ajuda.base39.com.br.
Final Provisions
The LICENSED may not provide services to third parties using the SOFTWARE of BASE39 without prior and express authorization. Each CNPJ requires a specific license to use the SOFTWARE, which does not operate under a multi-company regime.
This contract is binding for the parties and their successors. Only the LICENSED holds a non-exclusive license to use the SOFTWARE, and the transfer of agreed rights and obligations is prohibited. BASE39 may, at any time, assign all or part of its rights and obligations, without restrictions.
The tolerance of one party towards the breach of any obligation under this contract does not imply waiver of rights. The tolerant party may require full compliance with this contract at any time.
The breach of the obligations of this contract due to events beyond the control of the parties, such as fortuitous events or force majeure, does not constitute grounds for contractual termination. This is in accordance with Article 393 of the Brazilian Civil Code.
If any provision of this contract is considered null, voidable, invalid, or unenforceable, the remaining provisions shall remain in effect as if the null provision were not present.
BASE39 may, at its sole discretion, terminate, modify, or suspend the LICENSED's access to the SOFTWARE in case of violation of the conditions established in this contract. BASE39 may also delete information registered by the LICENSED that do not comply with the provisions of this contract, in addition to adding, deleting, or modifying the content offered on the website. Changes to the terms and conditions of this contract may be communicated to the LICENSED by BASE39.
BASE39 may, at its sole discretion, suspend, modify, or terminate the activities of the SOFTWARE, previously notifying the LICENSED at least 7 (seven) days in advance, except in cases of fortuitous events or force majeure.
BASE39 will provide means and alternatives for the LICENSED to extract information from the site.
BASE39 has the right to establish prices for certain content and services, even if initially offered for free. The LICENSED will be notified via the email address provided at registration or through a notice on the Site. By continuing to use such services after the notice, the LICENSED agrees to pay the established prices.
Only the person registered as an account administrator by the LICENSED can request the deletion of the information entered in the Software. The LICENSED acknowledges that once the information is deleted, it cannot be recovered, and BASE39 is not responsible for losses or damages arising from this procedure requested by the LICENSED.
By electronically agreeing, the LICENSED expressly authorizes BASE39 and the Partner to send communications via email, phone, SMS, push, and/or notifications, including for the offer of products and services.
This term does not create any other type of bond between the LICENSED and BASE39 and the Partner, including, without limitation, mandate, representation, partnership, association, employment relationship, or similar.
BASE39 may assign or transfer the rights and obligations related to these Terms of Use and Conditions to a company within the same economic or corporate group, with no obligation to communicate this to the LICENSED.
If any provision of these Terms of Use and Conditions or of the Privacy Policy is deemed illegal, null, or unenforceable for any reason, the remaining provisions will not be affected, remaining valid and enforceable.
The omission or tolerance of BASE39 and/or the Partner in demanding strict compliance with the obligations set forth in this Term shall not, under any circumstances, constitute novation or waiver, nor prevent the Parties from demanding this right from the LICENSED at any time.
These Terms of Use and Conditions shall be interpreted according to the laws of Brazil.
These Terms of Use will be available for consultation at any time on the Platform.
The forum of the District of São Paulo, State of São Paulo, is elected to settle any doubts or controversies arising from this Term of Use, excluding any other, no matter how privileged it may be.