These are the Terms of Use ("Terms") that establish and regulate the relationship between CHECKMOB S/A – including its website, software, and services – with all its users and visitors.
The CHECKMOB Platform is understood as the Software developed by CHECKMOB S/A for the management of external or mobile teams, which is made available via web and mobile platforms in a SaaS model. Except for specific references, the use of the term "CHECKMOB Platform" always includes all related services offered by CHECKMOB S/A in conjunction with the use of the software.
By using the CHECKMOB Platform, you fully agree to these terms and conditions. If you do not agree, please do not use it.
Ownership of Your Data
On the CHECKMOB Platform, you will enter various data, including but not limited to user information, client names and registration details, information collected by the field team such as photos, data, and other items ("Data"). This data belongs to you, not CHECKMOB S/A.
You are the sole owner of all rights, titles, and interests related to all your data entered and maintained by the CHECKMOB Platform.
We will store, access, and process this data strictly according to the terms defined by Brazilian legislation, specifically the General Data Protection Law. By using the CHECKMOB Platform, you grant us permission to do this directly and also through trusted third parties.
Furthermore, you authorize us to access this information and use your technical and operational data present in the CHECKMOB Platform for potential product improvement studies and/or to conduct statistical studies that may be published in an aggregated form across various public media.
However, your individual data will never be identifiable by the general public. To learn more about how we protect your data, please access our Privacy Policy available at: https://pt.checkmob.com/politica-de-privacidade/
CHECKMOB S/A Ownership
The CHECKMOB Platform is ours. This term does not create any partnership, agency, franchise, or employment relationship between CHECKMOB S/A and its clients, or between CHECKMOB S/A and our clients' employees.
You may use it in accordance with these terms, but intellectual property or other exclusive rights, including patents, designs, trademarks, graphic elements, source code, copyrights, or rights over confidential information or trade secrets, and others that help characterize the CHECKMOB Platform, are our property and must not be used by you in any way not previously authorized in writing by us.
You agree that you will not perform, attempt to perform, or assist anyone in performing any type of decompilation or disassembly, reverse engineering, or attempt to access the source code and database structure, or screen designs, related to the CHECKMOB Platform.
Under no circumstances are you or third parties generally permitted to copy, assign, sell, lease, pledge, reproduce, donate, alienate in any way, transfer wholly or partially, under any terms, whether free or for a fee, temporarily or permanently, the CHECKMOB Platform subject to these terms, as well as its modules, parts, manuals, or any related information; or to remove or alter, wholly or partially, the copyright notices existing in the CHECKMOB Platform and its documentation;
Your comments and suggestions are very welcome and may lead to innovations or implementations that can be incorporated into the CHECKMOB Platform, but this will not grant you any rights over them, even if you have paid for the implementation of these suggestions. You do not and will not have any direct or indirect ownership, title, or participation in the CHECKMOB Platform or CHECKMOB S/A.
Your Responsibilities
The CHECKMOB Platform is not responsible for what you do through it. In fact, you are solely responsible and therefore assume full responsibility for the existence of the data within it. Therefore, you acknowledge that you assume the role of CONTROLLER of personal and non-personal data, and should only enter and share data if you possess all associated rights, especially intellectual property rights.
In this scenario, CHECKMOB S/A will act solely as the PROCESSOR of the data entered into the CHECKMOB Platform, meaning we will process personal data strictly according to the terms defined by the CONTROLLER. To learn more, please consult our Privacy Policy.
Your responsibility also includes protecting your CHECKMOB Platform access password. Should someone gain access to it, you will be responsible for whatever actions that person takes. CHECKMOB S/A is not responsible for intrusions, unauthorized access, alterations, manipulations, or deletions of your data, whether performed by third parties authorized by you or not.
CHECKMOB S/A stores access logs for the Checkmob Platform for a maximum of 12 (twelve) months, in accordance with the Brazilian Civil Rights Framework for the Internet (Art. 13).You acknowledge that the CHECKMOB Platform may send emails with created tasks to recipients you specify, assuming full responsibility for any potential perception of these messages as unsolicited "SPAM".
As the account administrator, you will choose whether or not to authorize the CHECKMOB S/A team to access your account and your users' accounts for the purpose of providing support or assisting with the implementation of the CHECKMOB Platform.
Your Obligations
To ensure a long-lasting partnership, you will always maintain at least 1 (one) key user, properly trained for the operation of the CHECKMOB Platform, who will be responsible for communicating with us during the tool's implementation process and in case of problems related to the CHECKMOB Platform's functioning.
This person will be responsible, on behalf of you or your company, for training, monitoring, and answering questions from other users in your company regarding the CHECKMOB Platform's operation.
You undertake to provide, whenever any problems occur with the CHECKMOB Platform, all documentation, reports, and other information detailing the circumstances in which the problems occurred, aiming to facilitate and expedite the work. You are not authorized to pass on or share the personal contact information of the CHECKMOB S/A team with third parties unless you have written authorization to do so.
You will be responsible for the information entered into the CHECKMOB Platform, for the registration, permissions, passwords, and usage mode of your users. Under no circumstances will we be responsible for the content (information, passwords, copies of information, etc.) on the CHECKMOB Platform, and therefore, this information will not be reviewed at any time. The responsibility for the information on the CHECKMOB Platform always rests with you or the users managed by you.
You will provide the necessary equipment and conditions for the correct functioning of the CHECKMOB Platform, in accordance with the minimum requirements provided by us on our support website (available via the "minimum requirements" link), especially concerning mobile devices and their internet connection. We disclaim any responsibility for the malfunction of the CHECKMOB Platform in cases where the minimum requirements demanded by us are not observed.
Should you identify any failure, vulnerability, instability, or incident involving the CHECKMOB Platform, you agree to maintain confidentiality and immediately inform the company via suporte@checkmob.com.
Use and Functionalities of the CHECKMOB Platform
You agree that our product is not conditioned on the delivery of any future functionality or features, meaning you accept the CHECKMOB Platform "as is." Any public statements made by us regarding future functionality and features do not obligate us to provide such functionalities.
We may at any time assign usage limits according to the plan you have contracted, including the free plan, provided that you are notified in advance of our decision.
Risks and Disclaimer of Liability
We are not responsible for operational failures caused by unauthorized persons under your responsibility or any other cause for which CHECKMOB S/A is not at fault; for damages or losses resulting from administrative, managerial, operational, or commercial decisions made based on information provided by the CHECKMOB Platform; for problems defined as fortuitous events or "force majeure" as covered by Article 393 of the Brazilian Civil Code.
We are not responsible for damages or losses arising from or related to your use or inability to use the software. We are also not responsible for any viruses that may attack your equipment as a result of accessing, using, or browsing the Internet or as a consequence of transferring data, files, images, or texts. We are also not responsible for damages resulting from unauthorized repair attempts or alterations to the CHECKMOB Platform, system invasions, and other harmful elements.
Understand that if your data is deleted or removed by you or third parties, we may not have recoverable previous versions of your database.
You acknowledge that minor defects (bugs) are common to all computer or smartphone software and that, in light of this, you exempt us from any penalties arising from these problems. CHECKMOB S/A, however, will make every necessary effort to immediately correct any reported problem, always respecting the company's development and roadmap policies.
You agree that any software, regardless of its producer or characteristics, is a type of product that is always in constant update and improvement, always and unconditionally having aspects to be improved, which cannot in itself be considered a fault or defect.
Furthermore, you acknowledge that the CHECKMOB Platform should not be used in situations or environments where operational failure or delays, errors, or inaccuracies in content, data, or information provided by the CHECKMOB Platform could cause personal injury of any nature, or serious physical or environmental damage.
Best Practices for Using the CHECKMOB Platform
We want you to use the full flexibility of the CHECKMOB Platform to work creatively and productively. However, under Brazilian criminal law, it is unacceptable for you to publish: Content related to prostitution, pornographic, prejudiced, racist, or offensive material;
Content that promotes violence and/or discrimination based on race, sex, religion, nationality, sexual orientation, or any other type;
Incitement or glorification of crime or information about illegal activities;
Stolen, pilfered, or misappropriated property, or property of any illicit origin, such as contraband, counterfeits, or alterations;
Encrypted or password-protected files or pages containing inappropriate information as defined in these Terms of Use;
Slanderous material that falsely attributes a criminal act to someone, injurious statements that offend someone's dignity or decorum, as well as defamatory statements that impute an act offensive to someone's reputation;
Information related to software piracy;
Material protected by copyright or industrial property rights, with the publication of photos, texts, or audio or video files being prohibited without the authorization of the work's representative or responsible company.
Our Commitment
To ensure a long-lasting partnership, we commit to making every effort to provide the CHECKMOB Platform 24 hours a day, 7 days a week, except: (1) during planned interruptions (which may be notified through any means of communication and will be scheduled as much as possible outside business hours, understood as between 8:00 AM to 12:00 PM and 2:00 PM to 6:00 PM), or (2) any unavailability caused by circumstances beyond our control.
About CHECKMOB's Software as a Service (SaaS) Model
The CHECKMOB Platform is available exclusively through a temporary or free Software Subscription (if you choose to use the platform during the trial period), which is unlimited, exclusive to the contracting party, non-transferable, and revocable. You acknowledge that you have not purchased the CHECKMOB Platform, but merely hold a license to use it.
Regarding CHECKMOB Platform Plans and Pricing The CHECKMOB Platform can be used according to various plans available for consultation and subscription on the page https://www.checkmob.com/precos Plans and their characteristics (such as price, number of users, disk space, and others) may be modified, or even discontinued, by us at any time. However, if you have a contract with us, you will be notified 30 (thirty) days in advance of such changes.
Advertising
From the moment your account on the CHECKMOB Platform is created, you become our client (unless you are using the free plan), and as such, you authorize us to display your company's name and logo on our website and in other communications with third parties.
Technical Support
It is very important that you understand how the CHECKMOB Platform works to get the most value it can offer. To that end, we provide a series of online videos and training materials via the support link: access materials.
Additionally, we offer clarifications on the CHECKMOB Platform's functionality and operation, exclusively during business hours (9 AM-12 PM and 2 PM-6 PM GMT -3).
Naturally, we assume you have knowledge of how the computer and operating system you are using work, how they connect to the internet, and how to access websites. Should you choose to call us, the cost of that call is yours. We prefer contact via email, at suporte@checkmob.com.
Subscribing to any CHECKMOB Platform plan will guarantee you technical support under the exact terms defined in this document or in the service subscription agreement, as we offer our clients various levels of support.
Backup
The CHECKMOB Platform stores the data and files uploaded to it in a reliable and modern database. Therefore, if you have entered into a subscription agreement with us, you may consult the clauses within it that define backup and data security rules, and you may also request, via technical support, a copy of CHECKMOB S/A's Security Policy for analysis and understanding of our security environment.
If you are using the CHECKMOB Platform during the trial period, then the responsibility for data extraction is solely yours.
Term and Modifications
CHECKMOB FSM is not obligated to perform or provide "Backups" of your data stored on the platform; it is your responsibility to use the tools available on the platform to export your data whenever you deem it appropriate. Understand that if your data is deleted or removed by you or third parties, we may not have recoverable previous versions of your database.
The term of this Agreement is indefinite.
These "Terms of Use" may be – and likely will be – revised from time to time, and the most updated version will be published on our website. If you continue to access or use the Services after the revisions take effect, it is understood that you agree to abide by the revised Terms.