Terms of Use
I. DEFINITIONS
1.1 For all intents and purposes of the Terms of Use, the following expressions and defined terms beginning with a capital letter shall have the meanings indicated below, whether in the plural or singular, in the masculine or feminine:
Accept: means the act of the User clicking on the “I have read and agree to the Terms and Conditions of Use” box on the Site. This implies the User’s prior, express and informed consent to all the provisions of this document.
Enform Account: means the User’s access account to Enform, created by registering on the Site.
Content: means any and all information made available by and through the Site to the User, including information relating to Carbon Inventories received through Enform’s emission forms, including the source codes used to display such content, such as those in HTML, CSS, Next.js, NestJS and any others that may be used or created to make information available through the Site.
Data: means, when referred to together, the Access Data and the User’s Personal Data.
Access Data: means the information collected from Users when accessing and using the Site, including, but not limited to, data about the accessing browser, information about the computer’s resolution, Internet Protocol (IP) address, average time spent, date and place/region of access.
Personal Data: means any data entered by the User in their Enform Account, including name, National Register of Legal Entities number, address, telephone number and e-mail address, as well as information that Enform may request from the User from time to time.
Carbon inventories: means any kind of data related to carbon and greenhouse gas emissions provided by the User related to their company and received by Enform through the forms accessible through the Website and grouped by year.
Service Package: means the Enform service package contracted by the User from among the options available on the Site (i.e. “Lite”, “Pro”).
In-app purchases: Customers may make in-app purchases that are not part of the Service Package.
Platform: means the software exclusively owned by Enform in which Carbon Inventories and Users’ Personal Data will be received, managed and stored in an automated manner, through which reports and summaries will be generated so the User can compare his evolution and his results against his economic sector.
Privacy Policy: means the privacy policy that governs the provisions on the use of Carbon Inventories, as well as the Data provided by the User, including the set of rules created by Enform in this document and in any other documents that may integrate it for this purpose, which together constitute the strict information protection standards of Enform’s systems.
Terms of Use: has the meaning ascribed to it in the Preamble.
User: means any legal entity or group of legal entities registered through a single managing representative, with full capacity to contract, who personally registers on the Site in order to take advantage of the features offered by Enform, thereby automatically adhering to the Terms of Use. The representative of the legal entity or group of legal entities may, under their sole and strict responsibility, assign other new users access to the information of the legal entity or group of legal entities, as the case may be.
II. ENFORM AND USE OF THE PLATFORM
2.1. The Enform Website offers an independent platform for identified third parties to submit Carbon Inventories where their data is processed and used, anonymously and in a generic way, to calculate the average economic sector emissions for a specific year.
2.2. With the creation of the Enform Account, the User will provide Enform with his/her Personal Data and will choose, from the available options, (i) the Service Package that suits him/her most appropriate; and (ii) a username and password to be used to access your Enform Account.
2.2.1. The password and username created by the User to access their Enform Account are confidential and the sole responsibility of the User, who must contact Enform at the e-mail address indicated in Clause 4.1 below immediately in the event that their confidentiality is compromised.
2.3. The User shall be responsible for the truthfulness, validity and accuracy of the Personal Data provided by him/her in his/her registration, including the indication of a valid e-mail address owned by him/her, and shall be responsible for keeping said registration updated at all times. Enform shall have no obligation to check the Personal Data provided by Users, but may, at its sole discretion, delete information which it considers to be untrue or offensive.
2.4. The acceptance of the Terms of Use and the payment of the value of the respective Service Package, as indicated on the website, grant the User a personal, revocable, nonexclusive and non-transferable license to use the Platform, exclusively in the manner provided herein, and it is certain that the User may not use or allow the use of the Platform for any other purpose not expressly provided for in these Terms of Use. Accordingly, the User shall not be permitted, without any limitation, to copy, modify, distribute, sell or rent the services made available by Enform originating from the Platform and the Site, or to carry out any kind of decompilation, decompression, reverse engineering or access to the Platform’s source code.
III. THE REGISTRATION
3.1. In order to use the features offered by Enform, it is necessary for the User to register by creating an Enform Account, upon mandatory reading and acceptance of these Terms of Use and payment of the price of the contracted Service Package (if applied), as provided for on the Site.
3.2. Upon Acceptance, the User shall be immediately subject to the provisions contained in these Terms of Use and such provisions shall fully govern the relationship between the User and Enform, as well as any manuals, rules or policies in effect that may be published from time to time relating to the Terms of Use and/or the relationship between the User and Enform.
IV. COMMUNICATION WITH ENFORM
V. LIMITATIONS OF USE AND INTERFERENCE
VI. CONFIDENTIAL INFORMATION AND PRIVACY POLICY
6.1. By registering with Enform, the User agrees to its Privacy Policy. Acceptance of the Terms of Use will authorize Enform to use User Data as provided herein.
6.2. The User is responsible for maintaining the confidentiality of their Access Data and must not provide it to third parties, which is why Enform is not responsible for any unauthorized manipulation of this information by third parties.
6.3. Enform will not provide sensitive information received and/or User Data to third parties without prior authorization from the User, except by court order or in other cases expressly provided for in these Terms of Use.
6.4. By providing your Personal Data, you allow Enform to use it to develop and improve the services and functionalities offered by Enform and to solve Platform problems linked to errors, fraud or any electronic crime, as well as using it anonymously to calculate the average emissions related to the company’s economic sector.
6.5. Enform is not responsible for the protection of the User’s Personal Data when the User clicks on an advertising banner or otherwise agrees to be directed to an advertiser’s website, in which case the User will be subject to the terms of use and privacy policy of that advertiser.
6.6. Enform is authorized to use “cookies”, “tags” and other similar technologies.
6.6.1 Cookies may be placed on the User’s access terminal when accessing their Enform Account for the purpose of storing Access Data in order to facilitate the User’s future access to the Site, as well as temporary cookies, unless the User disables the collection of cookies in their browser.
6.7. The User authorizes Enform to send e-mails, communications or alerts in order to guide the User to a better use of the Platform’s functionalities, unless expressly requested otherwise by the User.
6.8. If the User deletes his Enform Account, at the time of deletion he must choose to delete all the Data provided or to keep the Data in the Enform system. If you choose to keep the Data in Enform’s system, your Data will continue to be used in a generic and anonymous manner as provided for in Clauses 6.3. and 6.4. above.
6.8.1. Enform reserves the right to, if necessary, store User Data for the purposes of complying with an order from a public and/or governmental authority, by means of a court decision, and to make it available to its legitimate requester.
6.8.2. In the event that the Enform Account is deleted for non-payment, Enform shall continue to use the User Data in a generic and anonymous manner as provided for in Clauses 6.3. and 6.4. above, unless expressly instructed otherwise by the User.
6.9. In the event of a transfer of Enform or the Platform by acquisition, sale, merger, corporate reorganization, or any change of control of Enform, the protection of User Data will be guaranteed.
VII. INTELLECTUAL PROPERTY
7.1. The User does not acquire, by means of these Terms of Use, any intellectual property rights or other exclusive rights, including patents, designs, databases, trademarks, copyrights and economic rights or rights to confidential information or trade secrets, on or related to the Platform and/or the Site, which are the exclusive property and ownership of Enform.
7.2. If the User develops a new module or product that is a copy, in whole or in part, of the Platform, it will be considered part of the Platform, and its ownership will therefore be incorporated by Enform and its use conditioned on these contractual clauses.
7.3. The Content made available on the Site, including texts, images, graphics, tables, data and any other material belong to Enform and are protected by Brazilian legislation regarding intellectual property and copyright, and may only be used by the User for personal use, and any other form of use of the Content of the Site, other than in accordance with these Terms of Use, is prohibited without the prior written consent of Enform.
7.4. Enform may, at its sole discretion, at any time, without prior notice to the User, add to, delete or modify the Content offered on Enform:
7.5. Enform may, at its sole discretion, modify, suspend or terminate its activities and/or the Site, upon prior notice to the User at the e-mail address provided in the Enform Account and/or by notice on the Site, except in the event of unforeseeable circumstances or force majeure, in which case notice shall not be required.
VIII. LIMITATION OF LIABILITY
(ii) for the services or products offered on the Site by advertisers or any third parties, including with regard to their availability, quality, quantity, essential characteristics, offers, prices, forms of payment or any other elements relating thereto;
(iii) for any losses suffered by Users as a result of making decisions based on the Reports and/or information made available on the Site, and no guarantee regarding satisfactory quality applies to the service;
(iv) for any losses suffered by Users due to failures in the computer system or servers that are independent of Enform’s fault or in its connectivity to the internet in general, it being the User’s full and exclusive responsibility to obtain, independently and at their own expense, the equipment, software and services necessary to guarantee their connection to the internet;
(v) for situations of unforeseeable circumstances, force majeure or acts carried out by the User, under the terms of article 393 of the Brazilian Civil Code;
(vi) for the compensation of damages of any nature caused by the breach of privacy or data security of the User during the connection of his/her computer to the Internet through third parties;
(vii) for damages caused by programs harmful to the User’s equipment (such as, but not limited to, viruses and trojans), even if such files and programs have been received by an e-mail account of the User registered hereunder;
(viii) for any failure in the e-mail system, even if for a reason attributable to it, it being established that access to the e-mail service, when available, will be provided as is; and
(ix) by the uninterrupted, secure or error-free provision, including non-delivery or failure to file any Reports, Data or information registered by the User, that any functionality will continue to be available, that defects in the Platform will be corrected or that the Platform will be compatible or work with any third-party software, applications or services, and Enform will not provide any support, customer service or technical assistance services.
IX. INDEMNIFICATION
9.1. You agree to defend, indemnify and hold harmless Enform and its affiliates, directors, partners, employees and agents, from and against any charges, actions or claims, including but not limited to attorneys’ fees, resulting from: (i) your possible misuse of the Reports, the Site, the Platform and/or its Content; or (ii) your violation of the terms hereof.
X. TERM AND TERMINATION
10.1. These Terms of Use will be in force for an indefinite period, as from the User’s Acceptance, and may be modified or terminated unilaterally, at any time, by Enform, without any charge, by means of simple communication through the Site itself or by e-mail indicated in the User’s Enform Registration.
10.3. Enform may, at any time, change the Terms of Use at its sole discretion. Any changes to these Terms of Use will be informed by means of a notice on the Site, or, whenever changes to the conditions of these Terms of Use indicate limitations on the use of the services by the User, Enform undertakes to inform the User, via e-mail, of such changes. If the User does not agree with the changes, he/she may cancel his/her Enform Account in accordance with clause 10.2 above. If the User continues to use the services provided by the Site, they will be deemed to have agreed to the changes.
10.4. The date on which Enform last updated these Terms of Use will always be indicated.
10.5. The User understands and agrees that, as soon as a change to these Terms of Use is published on the Site, the use of the Site, the Platform and the relationship with Enform will be subject to the updated Terms of Use.
XI. GENERAL PROVISIONS
11.1. These Terms of Use do not create any partnership, franchise or employment relationship between Enform and the User, its partners and/or advertisers.
11.2. If any provision of these Terms of Use is found to be unlawful, void or unenforceable for any reason, the remaining provisions shall not be affected and shall remain valid and enforceable to the maximum extent possible.
11.3. The Terms of Use constitute the entire agreement on the conditions of use of the Site and Platform. The User declares to be aware of the rights and obligations arising from the Terms of Use, having read, understood and accepted all the terms and conditions.
11.4. Any failure by Enform to enforce or exercise any provision of the Terms of Use or related rights shall not constitute a waiver of such right or provision.
11.5. The User confirms and warrants to Enform that it has all the rights, powers and authority necessary to enter into this instrument and perform all the obligations provided for herein.
11.6. The User may not, in any way and under any circumstances, assign the rights arising from the Acceptance of these Terms of Use to any third party without the prior and express consent of Enform. On the other hand, Enform may, at any time, assign the rights and obligations provided for in this agreement to any of its partners, as well as to any affiliated company, as well as in the event of acquisition, sale, merger, corporate reorganization or any other change that alters the control of Enform, regardless of any notification to the User.
11.7. These Terms of Use shall be construed exclusively in accordance with the laws of the Federative Republic of Brazil.
11.8. The parties elect the Courts of the District of Rio de Janeiro, State of Rio de Janeiro, as the only one competent to settle any dispute arising from the Terms of Use, waiving any other, however privileged.
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