Termos e Condições
1.License GrantSubject to the terms of this Agreement, HOOBOX hereby grants you a limited, non-exclusive, non-sublicensable, non-assignable license to download, install and use a single copy of the HOOBOX Software, including any online or enclosed documentation, data distributed to your computer for processing and any future programming fixes, updates and upgrades provided to you (collectively, the "HOOBOX Software"), onto a network server or computer workstation for your sole use to install, interact with, and utilize the HOOBOX Software, including the content and features contained therein. This license may not be shared, transferred to or used concurrently on different servers or workstations.
2. License Restrictions(a) Notwithstanding anything to the contrary, you may not: (i) remove any proprietary notices from the HOOBOX Software or any copy thereof; (ii) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling or disassembling or hacking of the HOOBOX Software; (iii) sell, assign, rent, lease, act as a service bureau, or grant rights in the HOOBOX Software, including, without limitation, through sublicense, to any other entity without the prior written consent of HOOBOX; (iv) export or re-export the HOOBOX Software in violation of Brazil export laws; (v) use the HOOBOX Software to, or in any way that would violate any applicable law, regulation or ordinance; (vi) collect any information or communication about the users of the HOOBOX Software by monitoring, interdicting or intercepting any process of the HOOBOX Software; and (vii) use any type of bot, spider virus, clock, timer, counter, worm, software lock, drop dead device, packet-sniffer, Trojan-horse routing, trapdoor, time bomb or any other codes or instructions that are designed to be used to provide a means of surreptitious or unauthorized access or that are designed to distort, delete, damage or disassemble the HOOBOX Software. Furthermore, you may not use the HOOBOX Software to develop, generate, transmit or store information that: (A) infringes any third party's intellectual property or other proprietary right; (B) is defamatory, harmful, abusive, obscene or hateful; (C) in any way obstructs or otherwise interferes with the normal performance of another person's use of the HOOBOX Software, (D) performs any unsolicited commercial communication not permitted by applicable law; (E) is harassment or a violation of privacy or threatens other people or groups of people; and (F) impersonates any other person, or steals or assumes any person's identity (whether a real identity or online nickname or alias).
(b) The HOOBOX Software contains confidential and trade secret information owned or licensed by HOOBOX, and you agree to take reasonable steps at all times to protect and maintain the confidentiality of such information.
(c) The HOOBOX Software is incorporated into, and may incorporate, technology, software and services owned and controlled by third parties. Use of such third party software or services is subject to the terms and conditions of the applicable third party license agreements, and you agree to look solely to the applicable third party and not to HOOBOX to enforce any of your rights. All modifications or enhancements to the HOOBOX Software remain the sole property of HOOBOX. HOOBOX reserves the right to add additional features or functions to the HOOBOX Software. When installed on your computer, the HOOBOX Software periodically communicates with HOOBOX servers. You acknowledge and agree that HOOBOX has no obligation to make available to you any subsequent versions of its software applications.
3. Permission to UtilizeIn order to receive the benefits provided by the HOOBOX Software, you hereby grant permission for the HOOBOX Software to utilize the processor and bandwidth of your computer for the limited purpose of facilitating the communication between other HOOBOX Software users.
4. Proprietary RightsThe HOOBOX Software contains proprietary and confidential information of HOOBOX, including copyrights, trade secrets and trademarks contained therein, which are protected by international copyright laws. Title to and ownership of the HOOBOX Software, including without limitation all intellectual property rights therein and thereto, are and shall remain the exclusive property of HOOBOX and its suppliers, and except for the limited license granted to you, HOOBOX reserves all right, title and interest in and to the HOOBOX Software. You shall not take any action to jeopardize, limit or interfere with HOOBOX' ownership of and rights with respect to the HOOBOX Software. You acknowledge that any unauthorized copying or unauthorized use of the HOOBOX Software is a violation of this Agreement and copyright laws and is strictly prohibited.
5.Terms and Termination(a) This Agreement will be effective as of the earlier of the date you accept this Agreement, thereby expressly agreeing to the terms and conditions set forth herein, and will remain effective until terminated by either party as set forth below. If you have not accepted this Agreement, you may not use the technology. If you have had access to this Agreement and proceed to use the HOOBOX Software, HOOBOX will deem your continued use as an acceptance.
(b) You may terminate this Agreement at any time provided you cease all use of the HOOBOX Software AND destroy or remove from all hard drives, networks, and other storage media all copies of the HOOBOX Software in your possession. You will be required to pay for all usage through the date of the cancellation request. HOOBOX may terminate this Agreement or discontinue offering the HOOBOX Software at anytime and for any purpose without notice;
(c) Upon termination of this Agreement for any reason (i) all licenses and rights to use the HOOBOX Software shall terminate and you must remove the HOOBOX Software from your computer equipment and dispose of all originals and copies of the HOOBOX Software in your possession, and (ii) this agreement, other than Section 1 hereof, shall survive such termination.
6. Your Representations and Warranties(a) You represent and warrant that (i) you possess the legal right and ability to enter into this Agreement and to comply with its terms, (ii) you will use the HOOBOX Software for lawful purposes only and in accordance with this Agreement and all applicable laws, regulations and policies, (iii) you will not attempt to decompile, reverse engineer or hack the HOOBOX Software to defeat or overcome any encryption and/or other technical protection methods implemented by HOOBOX with respect to the HOOBOX Software and/or data transmitted, processed or stored by HOOBOX or other users of the HOOBOX Software, (iv) you will not take any steps to interfere with or in any manner compromise any of HOOBOX' security measures, any other individual's or entity's computer on the Network and/or otherwise sharing Services, (v) you will always provide and maintain true, accurate, current and complete information as requested by HOOBOX, and (vi) you will only use the HOOBOX Software on a computer on which such use is authorized by the computer's owner.
(b) You agree that you will not use any automatic or manual device or process to interfere or attempt to interfere with the proper working of the HOOBOX Software, except to remove the HOOBOX Software from a computer of which you are an owner or authorized user in a manner permitted by this Agreement. You may not violate or attempt to violate the security of the HOOBOX Software. HOOBOX reserves the right to investigate occurrences which may involve such violations, and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
(c) You understand and comply with the laws applicable to and governing the use of the features and functions of the HOOBOX Software in each jurisdiction where the HOOBOX Software will be used;
(d) If HOOBOX has reasonable grounds to suspect that your representations, warranties or promises are inaccurate or breached, HOOBOX may terminate this license, deny any or all use of the HOOBOX Software, and pursue any legal remedy.
7. IndemnityYou agree to indemnify, hold harmless and defend HOOBOX and its affiliates, parent companies, subsidiaries, officers, directors, employees, agents and network service providers at your expense, against any and all third-party claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees, at all trial and appellate levels, and other dispute resolution expenses) incurred by HOOBOX arising out of or relating to your (a) violation or breach of any term of this Agreement or any policy or guidelines referenced herein, or (b) use or misuse of the HOOBOX Software.
8. Disclaimer of Warranties(a) THE HOOBOX SOFTWARE IS PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY HOOBOX, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE HOOBOX SOFTWARE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. HOOBOX FURTHER DOES NOT REPRESENT OR WARRANT THAT THE HOOBOX SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, ERROR-FREE, OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES HOOBOX WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET.
(b) YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE HOOBOX SOFTWARE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
(c) THE HOOBOX SOFTWARE IS UTILIZED AND DISTRIBUTED BY THIRD PARTIES WHICH ARE UNRELATED TO HOOBOX YOU ACKNOWLEDGE THAT INSTALLATION OF THE HOOBOX SOFTWARE WILL ALLOW THIRD PARTIES WHO ARE NOT AFFILIATED WITH HOOBOX THE ABILITY TO COMMUNICATE WITH YOUR COMPUTER ("OUTSIDE PARTIES"). YOU AGREE THAT HOOBOX WILL NOT BE LIABLE FOR ANY DAMAGE, CLAIM OR LOSS OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AS STATED IN PARAGRAPH 9(a) ABOVE, RESULTING FROM ANY ACTIONS OR OMISSIONS OF THE OUTSIDE PARTIES.
(d) As some jurisdictions do not allow some of the exclusions set forth in this Section 9, some of these exclusions may not apply to you.
9. Limitation of Liability(a) IN NO EVENT SHALL HOOBOX, ITS AFFILIATES, PARENT COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR NETWORK SERVICE PROVIDERS BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE HOOBOX SOFTWARE, EVEN IF HOOBOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL HOOBOX BE LIABLE TO YOU FOR ANY DIRECT DAMAGES, COSTS, OR LIABILITIES IN EXCESS OF THE AMOUNTS PAID BY YOU TO HOOBOX DURING THE 12 MONTHS PRECEDING THE INCIDENT OR CLAIM. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THE LIMITATIONS SET FORTH HEREIN IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT. THE HOOBOX SERVICES ARE NOT INTENDED TO SUPPORT OR CARRY EMERGENCY CALLS TO ANY EMERGENCY SERVICES. NEITHER HOOBOX NOR ITS REPRESENTATIVE WILL BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY CLAIM, DAMAGE, OR LOSS AND YOU WILL HOLD HOOBOX HARMLESS AGAINST ANY AND ALL SUCH CLAIMS) ARISING FROM OR RELATING TO THE ABILITY TO USE THE HOOBOX SERVICES TO CONTACT EMERGENCY SERVICES.
(b) As some jurisdictions do not allow some of the exclusions set forth in this Section 10, some of these exclusions may not apply to you.
10. Electronic Signatures and AgreementsYou acknowledge and agree that by clicking on the button labeled "SUBMIT", "DOWNLOAD", "I ACCEPT" or such similar links or methods as may be designated by HOOBOX to download the HOOBOX Software to accept the terms and conditions of this Agreement, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE HOOBOX SOFTWARE. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.
11. MarketingWhen you download or use the HOOBOX Software, you grant HOOBOX permission to use your name, logo, mark, on its website or for any lawful purpose. You understand and agree to participate in any HOOBOX case studies or marketing surveys.
By accepting this therm you:
1. Agree that Hoobox Robotics may use your personal data for marketing and market research purposes.
2. Agree that Hoobox Robotics may contact you with offers and promotions available from the Hoobox partners.
3. Understand that you can withdraw this consent by emailing Hoobox Robotics at email@example.com.
12. Payment Policy
When you sign up to use the HOOBOX Software, we will charge your credit card a monthly prorated amount for the respective plan you’ve selected, or immediately upon the expiration of the trial period unless you manually change your plan to "Cancelled Plan". Thereafter, we will charge your card on the 1st of every month for the full month. We do not offer full or partial refunds under any circumstance. It is your responsibility to cancel your plan or contract at the expiration of the trial period in time. We reserve the right to increase prices, change or discontinue plans at any point and in our sole discretion. We will provide you with 45 days written notice prior to instituting the change. If you wish to cancel, upgrade or downgrade plans after being notified of the change, you must do so within the 45 day period or we will assign you a new plan and bill you accordingly based on your usage.
13. Limited Storage
You understand that HOOBOX will store at most 100,000 face templates per license. HOOBOX reserves the right to charge additional fees for storage in excess of 100,000 and has no obligation to inform you if you exceed this amount. HOOBOX will bill you in the following billing cycle for additional storage used in the current month. For details on pricing for additional storage, please email firstname.lastname@example.org
14. General Provisions
HOOBOX reserves all rights not expressly granted herein. HOOBOX may modify this Agreement at any time by providing such revised Agreement to you or posting the revised Agreement on its website located at www.hoobox.one. Your continued use of the HOOBOX Software shall constitute your acceptance of such revised Agreement. You may not assign this Agreement or any rights hereunder. Nothing in this Agreement shall constitute a partnership or joint venture between you and HOOBOX. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect. The failure of HOOBOX at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. This Agreement shall be governed by and construed in accordance with the laws of Brazil without regard to its conflict of law rules. Any legal proceeding arising out or relating to this Agreement will be subject to the exclusive jurisdiction of any court of competent jurisdiction located in São Paulo – SP, Brazil, and you irrevocably consent to the jurisdiction of such courts. The terms set forth in this Agreement and any related service agreements constitute the final, complete and exclusive agreement with respect to the HOOBOX Software and may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms. HOOBOX may at its sole discretion assign this Agreement to a subsidiary or sister company, without giving prior notice. YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CONTINUING TO INSTALL THE HOOBOX SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO HOOBOX THE RIGHTS SET FORTH HEREIN.
HOOBOX Robotics Tecnologia do Brasil LTDA.
Rua Bernardo Sayão, 100, sala 206.
Campinas, SP 13083-866.