1 – MUDE SERVIÇOS DIGITAIS LTDA, a legal entity governed by private law, established at Rua Castro Fafe, No. 526 sl 44 – Atibaia – SP – CEP 12940-440, registered with the CNPJ under No. 17.451.466/0001-06, henceforth hereinafter referred to as MUDE, which owns the website www.misyu.com.br and www.misyu.life , establishes through this contract the rules and provisions to be followed by individuals or legal entities, hereinafter referred to as CLIENT, who access said website to purchase digital services . When accessing the website and making a purchase, the CLIENT will automatically agree to all the terms and conditions shown here, which will follow:
2 – The object of this instrument is to establish the rules and provisions for the following topics:
*Access to the MISYU website
* Registration on the MISYU website
* Price, purchase and production of services.
* Delivery of services
* CLIENTS GUARANTEES
* MUD rights and duties
* Modifications to the contract and commercial conditions
* General conditions
ACCESS TO THE MISYU WEBSITE
3 – The MISYU website offers to the CLIENTS the information contained therein, as well as the possibility of purchasing the services offered there.
4 – Initial access to the SITE is completely free and without the need for registration and password.
5 – The SITE can be accessed by both natural and legal persons, nationals (Brazilians) or foreigners, indiscriminately. With regard to individuals, to purchase the services, the CLIENT must be over 18 (eighteen) years of age or be considered of legal age. The others must be represented by their parents, or TUTORS.
6 – If the site is visited by foreigners, the legislation of the Federative Republic of Brazil will be used to resolve possible cases of doubts or conflicts. It is also determined that any interpretation of the texts, contents and information contained on the website, even if translated into other languages, will be made in Portuguese.
REGISTRATION ON THE MISYU WEBSITE
7 – In order to purchase the services offered, to browse some areas of the website and to receive information from MISYU, it is necessary for the CLIENT to complete a registration form on the website. The CLIENT will be entirely responsible for keeping the data updated and correct in its registration.
8 – This registration is required to purchase the subscription and other services offered by the website.
9 – The CLIENT must inform its electronic address (e-mail) at the time of registration. It is through this email address that MUDE will communicate with the CLIENT, providing information on payment, details of services, in addition to various information, such as promotional campaigns, etc. The email address provided by the CLIENT will be used for identification on the platform.
10 –The CLIENT undertakes to provide true, accurate, current and complete information about him/herself, as well as to immediately update such registration information if it changes, in order to keep it true, accurate, current and complete.
11- The CLIENTS hereby declares, under the penalties of the law, that all data provided are true, accurate and current.
12 – If any information provided by the CLIENT is false, incorrect, out of date or incomplete, or if MUDE has sufficient and substantiated reasons to suspect that such information, in part or in its entirety, is false, incorrect, outdated or incomplete, MUDE will have the right to immediately suspend or cancel the purchase of services made by the CLIENT, regardless of notification, as well as future purchases of products and services or parts thereof made by this CLIENT.
13 – In the event of a change in any of the registration data informed by the CLIENTS, these must be updated immediately, or the CLIENTS will be responsible for damages and/or losses that may be caused to MUDE or third parties due to the lack of updating of its registration. We remind you that the delivery of services to the CLIENT and its registered recipients and tutors will be made at the electronic addresses informed during the contracting of services and inserted by the CLIENT in the places indicated on the platform.
14 – MUDE will periodically check the CLIENT’ records and will exclude those records that contain incomplete, incorrect, or notably false information. The CLIENT is aware of this procedure.
15 – It is part of the policy of MUDE and of its websites www.misyu.com.br and www.misyu.life to respect the privacy of its CLIENTS. The website will not monitor, edit, access, or disclose the private information of its CLIENTS without prior authorization, except in cases expressly provided for in the terms of the present document or unless MUDE is obliged to do so by court order or by law.
PRICE, PURCHASE AND PRODUCTION OF SERVICES
16 – The CLIENTS who registers in accordance with the above rules, and who is legally capable, will be able to purchase the services offered on the MISYU website.
17 – The CLIENT is aware that accessing or contracting the SITE services through its e-mail address, username, and password, will automatically imply that the CLIENT assumes all responsibility for its use.
18 – The MISYU SITE will present the CLIENTS with a list of available services, and the CLIENTS will choose the type of service they want.
19 –The price of the services will be displayed on the website according to the types of packages available. The CLIENTS will select their package and will be informed the price. The price of the service may be changed on the MISYU WEBSITE at any time, and to the CLIENTS is valid the one that appears on the MISYU WEBSITE at the time of contracting the service. The price of services will be adjusted annually by the IGPM-FGV
20 – Concurrently with the confirmation of the order, the payment method for the services purchased by the CLIENT will be generated.
21 – Payment will be made by credit card in the subscription model with recurring monthly charges within the package contracted by the CLIENTS. The start of the service will only take place after payment confirmation. If payment is not made or the transaction is refused for any reason, the order will be cancelled.
22 – After the CONTRACTING of the requested service has been carried out, if the CLIENT wants to cancel the service, he/she must send an e-mail to email@example.com requesting the cancellation. Alternatively, the CLIENT can cancel directly in the logged in area, using the respective cancellation link.
23- Upon receipt of the cancellation e-mail, or the request for cancellation by the system, the CLIENT will receive within 48 hours a link to download all the content posted on the website. The CLIENT must remove all and any content stored by him/her within 48 (forty-eight) hours after receiving the link, since all information will be erased by MUDE to protect the Secrecy and Privacy of Information.
24- The start of the CONTRACT will be formalized between the CLIENT and MISYU by sending an automatic email, generated and sent by our system as soon as the order is confirmed with the respective payment approval.
25 – The CLIENT can create messages directly on CELL phones, Tablets, Notebooks and computers in general, uploading videos, photos, etc. in the places indicated on the SITE. Typed messages must be carried out directly in the fields indicated on the SITE.
26 – The delivery period of the services may be DELAYED in the following cases: corrective, predictive and preventive maintenance on the MISYU WEBSITE equipment and its suppliers; lack of electricity; motives of force majeure.
27 – The CLIENT is solely responsible for the information contained in its videos, photos and messages uploaded by him/her, and stored on the website to be sent to third parties.
28 – The CLIENT must register its his/her TUTORS on the SITE within the specific area. The TUTORS will be the people responsible for communicating the CLIENT´S DEATH to the MISYU SITE. It is hereby established that the RESPONSIBILITY for any mistakes, misunderstandings, hoaxes or any acts that generate LOSSES AND DAMAGES to third parties, caused by the TUTORS, are their sole and exclusive responsibility, and the MISYU SITE is in no way responsible for any DAMAGE or LOSS allegeable by third parties about the messages sent to their recipients.
29- The MISYU SITE will only be able to deliver posthumous messages stored by the CLIENT if it is communicated by the TUTORS of the CLIENT’s death. MISYU WEBSITE will not be responsible for any delay in sending messages if there is a lack or delay in communication by the TUTORS.
30- The CLIENT will be responsible for the correct registration of the digital files, as well as the electronic and mobile phone addresses of the people who should receive the messages, keeping them updated. MISYU WEBSITE is not responsible for the stored contents, which are confidential and produced exclusively by its CLIENTS.
DELIVERY OF SERVICES
31 – The contents will be sent to RECIPIENTS INDICATED at the electronic addresses and telephone numbers registered by the CLIENT at the time of REGISTRATION of messages. It will always be possible for the CLIENTS to change the indications of the RECIPIENTS who will receive the messages after the message is made and may even delete and add messages and recipients freely within their contracted storage space package.
32 – Content deliveries will always be sent to the electronic addresses and mobile phones registered by CLIENTSS on our website, in the form and contents defined by CLIENTSS.
33 – After receiving the messages, RECIPIENTS will be able to download files left by the CLIENTS.
34 – Any problem with the requested services must be resolved by the CLIENT directly with the MISYU WEBSITE. The CLIENT recognizes and is fully aware that the MISYU website is an instrument to disseminate the service, being made available for carrying out this commercial operation and also for delivering the services.
35 – The deadline for complaints of any problems is seven calendar days after learning the fact. We will not accept complaints after the stated deadline.
36 – For cases in which the messages or their attachments cannot be downloaded, RECIPIENTS must send an e-mail to the address firstname.lastname@example.org notifying the occurrence. The response to this analysis will be sent to the CLIENTS within 48 working hours.
37 – MISYU is a data storage service. The charge for the service is only made while the CLIENTS is alive, and posthumous messages are sent free of charge after the CLIENTS’s death. Messages are stored until sent on the dates defined at no cost after the CLIENTS’s death.
38 – MISYU SITE is not responsible under any circumstances for problems related to the content created by the CLIENT. Problems such as errors in texts, names, telephone numbers, meaningless expressions, spelling errors and other items that make up the production of messages are the sole responsibility of the CLIENT.
RIGHTS AND OBLIGATIONS of CHANGE
39 – The information provided by the CLIENT, necessary for contracting the services, will only be used for registration, legal, tax purposes. MUDE undertakes not to disclose data without authorization from CLIENTS, unless by court order.
40 – For statistical purposes, the MISYU WEBSITE may use the information provided by the CLIENT, as well as the mode, purposes and times of use of the services and products provided by the WEBSITE, maintaining the confidentiality of personal data.
41 – MISYU WEBSITE reserves the right, at any time, to carry out promotions for the sale of its services. Promotions will always be for a fixed period and may be canceled at any time, at the discretion of SITE MISYU
42 – The MISYU SITE declares not to support content whose files contain pornographic, discriminatory, profane, offensive material, which are not in line with morals and good customs, as well as others that, in its understanding, may generate indemnity actions or harm third parties, or which constitute a crime or misdemeanor. The contents are confidential and non-VERIFIABLE in accordance with our security and privacy standards. CLIENTS, when using the platform, are aware of and assume full responsibility for the content they will send to their RECIPIENTS.
43 – The CLIENT recognizes that, during the sending of these files, they may be subject to interception by third parties or the action of “hackers” or “crackers”, in which case the MISYU SITE cannot be held responsible for the case as it is fortuitous.
44 – The responsibility of the MISYU WEBSITE is limited only to the services performed by it, meaning, to store and send information. Regarding the production of content by its CLIENTS, the MISYU SITE will not be liable for any losses and damages, direct or indirect, arising from the production of stored content.
45 – The CLIENT will have the duty to ensure that the files sent are in full compliance with their wishes, being BROAD aware of the effects that this information will have on the recipients. The CLIENT is responsible for preparing the files and reviewing the information contained therein.
46 – The CLIENT acknowledges and agrees that the content, including, without limitation, texts, software programs, music, sounds, photographs, graphics, videos or other materials contained in advertisements available in the service offered, as well as the information disclosed to the CLIENT through the service or advertisers, may be protected by copyright, images, trademarks, patents or other intellectual property rights and applicable law.
47 – The CLIENT exempts the MISYU WEBSITE, its directors and employees from any losses, expenses, damages, or claims, incurred by any third party or suffered by the MISYU WEBSITE in connection with or as a result of any use or transmission that occurs under an electronic address and CLIENTS password (CLIENTS login on the website) and that violates the terms of the service offered/requested, any applicable local, national or international laws or regulations, or any third party rights, without prejudice to any resulting indemnities.
48 – The MISYU SITE may send notices of promotions and information about new services from its partners, and the subscription of the service by the CLIENTS implies agreement with the communication. This communication can be made by direct mail, telephone contact, cell phone contact, sending e-mail, sending SMS, sending MMS, and other forms that may be created or made available. The CLIENT may cancel the communication if it is of interest to him.
49 – If the CLIENT wishes to cancel their registration, they must simply send an e-mail to the support address of the MISYU WEBSITE email@example.com or cancel directly in their logged-in area using the respective cancellation link. After confirmation, subscription charges will no longer be made, and the CLIENT must remove all material within the period defined by the MISYU SITE, as it will be completely deleted for security reasons.
50 – MISYU WEBSITE may cancel CLIENTS access to services offered as a whole or in any part, at any time, provided that there are reasons that violate the terms set forth herein, with or without prior notice, at the sole discretion of MISYU WEBSITE.
51 – The MISYU SITE will not be responsible for maintaining any content linked to the CLIENT’s registration after its delivery to the defined RECIPIENTS.
52 – The parties agree that there will be no termination fine, regardless of the reason for the termination.
MODIFICATIONS TO THE CONTRACT AND COMMERCIAL CONDITIONS
53 – MUDE reserves the right to change, modify or discontinue the services offered on the website, regardless of notification to the CLIENT, before contracting the services.
55 – MUDE may eventually modify the terms of the service offered, and the CLIENTS will be notified through the technical specifications of each SERVICE. The maintenance of the service by the CLIENT after such modifications will be understood as agreement with the modification made.
56 – In case of discontinuation of services by the SITE MISYU, CLIENTSs will be able to redeem their contents, which will be delivered to their CLIENTSs within a period of up to 60 days. A link will be made available to the electronic address provided at the time of registration by the CLIENT to download all the content stored on the platform. The MISYU WEBSITE declares that its services are STORAGE services and that the sending of your messages is a courtesy.
57 – MISYU WEBSITE has a safe technological environment, with modern and up-to-date hardware, software and processes. It is known, however, that no data transmission over the internet is completely secure. Communication between the CLIENTS’s computer and the MISYU SITE during all procedures of all stages of the service is subject to risk. Thus, based on this premise and despite all its efforts, the MISYU WEBSITE cannot guarantee the total security of the CLIENT’s data while in transit.
58 – The CLIENT must register on the website personally, being responsible for the veracity and authenticity of all the data provided, in addition to keeping the computer environment safe, using updated tools such as antivirus and firewall, among others, to contribute to the prevention of electronic risks.
59 – The CLIENT undertakes to immediately inform the MISYU WEBSITE, via email, of any unauthorized use of his/her login on the WEBSITE or possible breaches of security that are of its his/her knowledge. You The CLIENT also agrees not to leave his/her personal data open on the computer after entering with his/her email address on the SITE, thus avoiding unauthorized use by third parties.
60 – MISYU SITE advises all CLIENTSS to follow some Internet safety tips:
*Never give your password to third parties. If you suspect that a third party has obtained your password, change it immediately.
*Don’t choose passwords that are too easy or obvious, such as: your name, email, last name, your initials, date of birth, numbers and sequential letters. Create a password that includes a combination of numbers and letters.
*Do not open e-mails from people you don’t know, or people you aren’t expecting. Do not open attached files in these emails or provide information if requested.
* Do not download files and photos unless you know who sent them and you have requested such a file. Even so, we recommend you use the antivirus on your computer regularly. Computer viruses and destructive programs can cause your computer to disclose personal information.
* Pay attention, when browsing websites on the Internet, to the security instructions present in your browser such as: padlocks, etc.
61 – The MISYU SITE will promote mandatory and random password re-registration actions aimed at the security of its CLIENTS.
62 – This instrument constitutes the entire agreement between the parties, prevailing over any other previously signed understanding.
63 – The CLIENT undertakes, when using the MISYU SITE, not to enter the contents of other CLIENTS, whether or not violating the security system, under penalty of civil and criminal liability for possible damages.
64 – Written communication supersedes verbal communication, therefore all communication between the MISYU WEBSITE and the CLIENT, to be valid, must be in writing, documented via email or conventional mail. The MISYU WEBSITE may provide certain information, notices or messages through its website, to inform the CLIENTS of changes in the service or terms of service, or other relevant matters.
65 – The MISYU WEBSITE will only store digital files, being clear that the CLIENTS must have access to the internet at their own risk.
66 – A MUDE SERVIÇOS DIGITAL LTDA. is the owner of the brand, logo, and web address used on this website, being assured all rights over them.
67 – By contracting any of the services available on the website, the CLIENT declares as true, subject to the penalties of the law, that: he/she is the owner, or is authorized to use the image(s) present in the contents; that in case the image contains places or people that depend on authorization, this was obtained by the CLIENT from the owners; that the contracted services will not be used to change the reality of the facts, and thus harm third parties, whether in the judicial sphere or not.
68 – The CLIENT is denied, under the penalties of the law, the reproduction, storage and dissemination of information, documents, images and materials contained on the website, which constitute the intellectual property of MUDE SERVIÇOS DIGITAIS LTDA.
69 – This contract does not constitute any form of partnership, bond, in fact or in law, between MUDE and the CLIENT, with no solidarity between them, and they are not authorized to represent or assume obligations on behalf of the other.
70 – This contract will start with the purchase of the services made by the CLIENT and will end 7 (seven) days after the delivery of the services, if there is no formal complaint made by the CLIENT.
71 – The CLIENT will be civilly and criminally liable for possible moral and material damages or any damage that may cause MUDE, because of non-compliance or irregular compliance with this contract, as well as for any damages it may cause to third parties, for an act or fact resulting from use in disagreement with the terms of this instrument, or false statement that it uses.
72 – The CLIENT is prevented from assigning or transferring this contract, in whole or in part, to third parties, without the prior and express consent of MUDE.
73 – Tolerance of any breach of any of the clauses and conditions of this contract will not constitute a novation of the obligations stipulated herein, nor will it prevent or inhibit their enforceability at any time.
74 – The terms of service and the relationship between the parties will be governed and interpreted in the Portuguese language and in accordance with the laws of the Federative Republic of Brazil, without regard to any provision on conflict of laws.
75 – The forum of the city of Atibaia/SP is elected to settle any dispute related to this contract, the parties waiving any other, however privileged it may be.