Terms and Conditions of Use

This document establishes the terms and conditions of use for the Vycanis Modeler software, agreed upon between Omnisolution and the contracting party ("user" or "client"), who fully agrees and adheres to these terms and conditions of use. Additionally, this instrument aims to provide information on how to use the software and its tools, conditions, nomenclatures, rights, and obligations of the involved parties.

We warn that the entire text should be read carefully. In case of disagreement with the content of this document, it will not be possible to proceed with the commercial relationship, as well as browsing or using the services provided by Omnisolution.

We also recommend that, in case of acceptance, the client stores or prints a copy of this document, including all its terms and conditions of use.

This document was updated and made available on 08/01/2023, including clauses related to confidentiality and secrecy of information, and in compliance with Law No. 13.709/18 – General Data Protection Law (LGPD), as per item 14.1.

Below are the meanings of some definitions and terms used in the text.

Cookies: Small text files that are stored on the user's computer and can be retrieved by the website that sent them during browsing.

Company data: any information provided by the user that identifies their company, such as: company name, CNPJ, address, email, phone number.

Data of the person responsible for contracting: any information provided by the user that allows the identification of the individual responsible for contracting and communication with Omnisolution, such as: full name, ID (RG), CPF, and email.

IP: Means "Internet Protocol," translated into Portuguese as Internet Protocol, and is a number that identifies a device (computer, printer, router) on a network.

Link: Connection between documents on the Internet.

SaaS: Acronym for "Software as a Service," which in Portuguese means Software as a Service, allows users to connect and use cloud-based applications over the Internet.

Spam: Electronic message received but not requested by the recipient.

LGPD: General Data Protection Law (Law No. 13.709/18).

3.1 – The service provided by Omnisolution consists of software for data modeling and software prototype generation.

3.2 – The software usage license is granted irrevocably, non-exclusively, and non-transferably via the internet, in the Software as a Service (SaaS) model, including software and database hosting services.

3.3 – The software is composed of modules and functions, as specified on the website www.vycanis.top.

3.4 – To contract the services, it will be necessary:

(i) that the user approves the Commercial Proposal from Omnisolution;

(ii) that the user provides the data requested in the Commercial Proposal to complete the registration and release of the software.

3.5 – Service limitations will be in accordance with the specifications of the contracted plan.

3.6 – The contracted service includes the current and valid version of the software. Omnisolution may make improvements and updates to the software with prior notice to the user.

3.7 – The service includes the maintenance of backup copies. Backup copies are performed automatically and stored in different physical locations, ensuring the safeguarding of data uploaded by the user to the software. The user may request backup copies, subject to Omnisolution's scheduling and deadlines.

3.8 – During registration, the client will determine their access password, being solely responsible for maintaining the confidentiality of this information.

3.9 – In case of loss, disclosure, theft, or identification of unauthorized use of the password and/or access account, if verified by the client, they must immediately inform Omnisolution.

3.10 – Omnisolution will not be responsible for actions, payments, and damages resulting from irregular use of the access account by the client or third parties, except if proven to be due to Omnisolution's failure.

4.1 – To change the contracted service, it is necessary to approve the new Commercial Proposal.

5.1 – To use the software, the client must pay Omnisolution the amounts established in the approved Commercial Proposal.

5.2 – Prices and payment methods vary according to the conditions and services contracted, such as the selected modules and the number of users or usage licenses, which will be informed through the commercial proposal at the time of contracting.

5.3 – Omnisolution also offers services that can be contracted and paid for separately, whose values and conditions will be defined in a specific contract.

5.4 – The charged amounts are non-refundable, even if the client does not use the services.

5.5 – Failure to pay any amounts on their respective due dates will not result in automatic termination of the contract. Omnisolution reserves the right to block access to the software if the pending issue is not resolved within 30 (thirty) days from the invoice due date.

5.6 – If the client does not resolve the financial pending issue within 60 (sixty) days from the invoice due date, Omnisolution reserves the right to terminate the contract between the parties and permanently delete the user's data stored in the software.

5.7 – Modification and/or updating of the prices charged for the use of the software will occur in accordance with the Commercial Proposal.

5.8 – If additional services are contracted to the current Commercial Proposal, Omnisolution reserves the right to apply the values according to the updated price table.

6.1 – Omnisolution guarantees the availability of the software at a minimum of 99% (ninety-nine percent), considering the time in each calendar month.

6.2 – The 99% (ninety-nine percent) Service Level Commitment does not apply if the unavailability circumstances result from:

(i) planned interruptions, which will be informed by Omnisolution via email or notice in the software and will be scheduled, whenever possible, during nighttime hours, between 10:00 PM and 06:00 AM (Brasília time);

(ii) fortuitous events or force majeure, as per Article 393 of the Civil Code;

(iii) any acts or omissions by the user or third parties.

7.1 – Omnisolution may offer trial periods, discounts, free access, or promotional packages at any time, for purely commercial reasons and at its sole discretion.

7.2 – Promotions and trials are not cumulative and may be limited to specific services, time periods, and acceptance of special conditions.

7.3 – Omnisolution may interrupt, cancel, or modify promotions and trials at any time, respecting the conditions and deadlines established in the corresponding Commercial Proposal.

8.1 – The software is licensed under the "Software as a Service" (SaaS) model and not for sale. Ownership and rights related to the software belong exclusively to Omnisolution.

8.2 – The user is not authorized to use, in any form or pretext, the trademarks, their variations, domains, and signs that belong to Omnisolution or are displayed in the software, under penalty of infringement of applicable legislation.

8.3 – All content of the software, including programs, databases, files, texts, drawings, photos, layouts, headers, and other elements, was created, developed, or licensed to Omnisolution, being, therefore, the exclusive property of Omnisolution or licensed to it, and is protected by Brazilian laws and international treaties governing intellectual property rights.

8.4 – The following are prohibited: exploitation, assignment, imitation, copying, plagiarism, reverse engineering, storage, alteration, modification of characteristics, expansion, sublicensing, sale, rental, donation, alienation, transfer, reproduction, in whole or in part, of any content on the website or software.

8.5 – The user who violates the prohibitions contained in the legislation on intellectual property and in these Terms and Conditions of Use will be held civilly and criminally liable for the offenses committed, in addition to being excluded from the software's database.

9.1 – Omnisolution's obligations are:

(i) to perform the services according to the conditions contracted by the user, being responsible for the functioning of the software, for any necessary corrections, and providing access to support services to clarify doubts regarding the use of the software;

(ii) to communicate any changes in the services to users;

(iii) to provide the backup of its database as per clause 3.7 of this document;

(iv) to make changes to the software resulting from legal orders, without any cost to the client, in accordance with the software update policy;

(v) to return to the user, after the end of the service provision, all documents that have been delivered to it or obtained, in any way, as a result of the service, as well as, if applicable, to delete, uninstall, and/or destroy any information or data owned by the client or third parties assigned to it, being authorized to retain only the documents and materials necessary to prove the fulfillment of its obligations.

(vi) to treat the personal data collected and used for commercial communication of products, services, and promotions of Omnisolution in accordance with the General Data Protection Law (Law 13.709/18) and in accordance with the description in the Omnisolution Privacy Policy document.

9.2 – The user's obligations are:

(i) to use the software according to the usage criteria defined by Omnisolution, without altering its programming, breaking passwords, or performing procedures that may cause damage to other users or the company;

(ii) to be responsible for the content of the information and documents entered into the software, as this information is only stored on Omnisolution's servers;

(iii) to make payments of the amounts due, within the contracted terms and forms;

(iv) to inform Omnisolution of any changes in the specifications of the services to be performed.

10.1 – The user may not:

(i) harm the rights of Omnisolution, its partners, users, or third parties or act in any way that may contribute to such violation;

(ii) perform acts that limit or prevent the use of the software or unlawfully access Omnisolution's software;

(iii) introduce programs, viruses, or perform actions to obtain information, services, or access to programming areas;

(iv) exploit software flaws, interfere with security or any software feature;

(v) use automated data collection and selection applications to perform mass operations or to collect and transfer data that may be extracted from the software for illegal purposes, with Omnisolution reserving the right to investigate any suspicious activity;

(vi) use the software to disseminate messages unrelated to the software or its purposes, including messages with inappropriate content;

(vii) enter false, outdated, or incomplete data.

(vii) share login credentials with other users. The login is personal and non-transferable. If it is discovered that the user is sharing their login with other users, their account may be blocked or permanently suspended.

10.2 – The user who commits illegal and/or prohibited actions and who is in disagreement with this document may have their services suspended, data deleted from the software, and will be civilly and criminally liable for any damage resulting from the violation.

11.1 – The contracting user is responsible for the use of the software and for the information, passwords, content, and documents entered into the software.

11.2 – Omnisolution and its representatives will not be responsible for:

(i) damages resulting from failures in the user's environment, such as: actions by third parties, network and internet connection problems, virus occurrences, hardware failures, power outages, and unavailability in the operational environment (equipment);

(ii) damages and losses that the contracting user may have due to misuse of the software in disagreement with the clauses of this instrument;

11.3 – It is clarified that this service does not establish any employment, corporate, or associative relationship between the parties, with each party remaining solely responsible for all its respective expenses and charges, whether of a labor, social security, tax, insurance, civil, criminal, or any other nature or kind.

12.1 – The software, made available on the Internet, does not include the following warranties:

(i) suitability of the software for a specific purpose requested by the client;

(ii) absence of defects, errors, or failures;

(iii) correction of problems, damages, or losses caused by decisions made by the user, as well as defects or errors resulting from negligence, imprudence, or malpractice of the client;

(iv) problems arising from fortuitous events or force majeure as per Article 393 of the Civil Code;

12.2 – Omnisolution reserves the right to make changes to the software, such as layout, content, functionalities, and any other element that does not significantly impact its usability.

12.3 – Omnisolution reserves the right to cancel the software, with at least 90 (ninety) days' prior notice to the user.

12.4 – In the event of the impossibility of continuing its activities, Omnisolution undertakes to deliver to the contracting user the backup of all their data uploaded to the software, as per item 3.7.

13.1 – All information obtained from our clients will be treated as confidential and secret by Omnisolution and its employees.

13.2 – The following will be considered confidential and secret information: any information, patented or not, of a technical, operational, commercial, legal, know-how, inventions, processes, formulas, and designs, patentable or not, business plans, accounting methods, techniques, and accumulated experiences, documents, records, contracts, papers, studies, opinions, and research, belonging to the client and to which Omnisolution and its employees have access:

a) by any physical means (e.g., printed documents, manuscripts, electronic messages (email), photographs, etc.;

b) by any form recorded on electronic media (pen drive, CDs, floppy disks, etc.).

13.3 – Omnisolution and its employees undertake to maintain absolute secrecy about any type of confidential and secret information of our clients, not using such information to generate benefit for themselves or others, present or future.

13.4 – Confidential and secret information of our clients, entrusted to Omnisolution employees, may only be communicated to third parties or others, with prior written consent from the client company and owner of the information.

13.5 – Information already available to the general public and information no longer treated as confidential by the client company do not constitute confidential and secret information.

13.6 – Omnisolution and its employees:

(i) will use the confidential and secret information of our clients only for the purpose related to the contractual object;

(ii) will maintain control of the confidential and secret information of our clients, disclosing it only to employees who need to know about it;

(iii) will protect the confidential and secret information of their clients, through database encryption and restricted access through specific login and password;

(iv) will immediately inform the client company of any incident related to confidential and secret information, without exempting themselves from their responsibilities.

13.7 – The maintenance of confidentiality and secrecy of information received from our clients will be valid for an indefinite period, remaining valid even after the end of the commercial relationship between Omnisolution and its client(s).

14.1 – Omnisolution has a specific policy to regulate the collection, storage, and use of personal data in compliance with the General Data Protection Law (LGPD): Omnisolution Privacy Policy.

15.1 – All legal documentation of Omnisolution has been prepared in Portuguese. Omnisolution may, at its sole discretion, provide translations of such documentation if it deems it necessary.

15.2 – The Portuguese version of the documents mentioned in 15.1 is the only one accepted by Omnisolution. In case of contradiction or divergence between the Portuguese version and any translation into another language, the Portuguese version will always prevail.

16.1 – The contracting of services takes effect on the date of acceptance of the Commercial Proposal, remaining in force for an indefinite period.

16.2 – This instrument and the Omnisolution Privacy Policy will remain in force for an indefinite period.

16.3 – Either party may at any time promote the termination of the service provision, without any cost, provided that written notice is given with at least 30 (thirty) days' notice.

16.4 – Termination may be promoted at any time, provided that the requesting party is up to date with its respective obligations, as established in item 9 of this instrument.

16.5 – In the case of the Pioneer Plan, due to the promotion involved, there will be no refund for the client if they terminate the contract.

17.1 – Omnisolution may revise, modify, and/or update, at any time, any clause or provision contained in this instrument.

17.2 – The updated version of this instrument will be communicated by Omnisolution via email and on the website www.omnisolution.top.

18.1 – The software is controlled, operated, and administered by Omnisolution in the city of São Paulo, State of São Paulo, Brazil, and can be accessed by any device connected to the Internet.

18.2 – Given the different national and international local legislations that may exist, by accessing the software, the user agrees that the applicable law, for the purposes of this document, will be that in force in the Federative Republic of Brazil.

19.1 – Omnisolution provides service channels to receive all communications that the user wishes to make:

(i) Whatsapp: +353 83 4603130, from Monday to Friday from 09:00 to 18:00 (Brasília time), except Saturdays, Sundays, and holidays. We do not answer calls. All communication must be through text messages and/or audios.

(ii) email: to the electronic address omnisolution.top@gmail.com.

(iii) contact form available on the website www.omnisolution.top.

19.2 – All requests must always be accompanied by the client's contact information so that we can complete the service.

20.1 – Taxes that are due as a direct or indirect result of this agreement, or its execution, will be the exclusive responsibility of the taxpayer, as defined in the tax law, without the right to reimbursement. The client, when the withholding source, will deduct and collect, within the legal deadlines, the taxes to which it is obliged by the current legislation.

20.2 – Any tolerance, by one of the parties, of non-compliance with any obligation related to this agreement, will be considered mere liberality, not constituting novation, invocable precedent, waiver of rights, tacit amendment of its terms, or acquired right of the other party.

20.3 – Omnisolution undertakes not to employ and/or use child labor for the execution of this Agreement, during its entire term of validity, as well as undertakes not to subcontract and/or maintain business relations with any other companies that use, exploit, and/or, by any other means or form, employ child labor in non-compliance with Law No. 8.069/90 (ECA – Statute of the Child and Adolescent) and other legal provisions that regulate the matter.

20.4 – Omnisolution undertakes not to offer, give, or agree to give to any person, or request or accept or agree to accept from any person (whether on its own behalf or through another person), any gift or payment, consideration, or benefit of any kind that constitutes an illegal practice or that may be considered bribery under the anti-corruption laws in force.

20.5 – Omnisolution will have full freedom to communicate to its client, through the anonymous reporting channel or any means and at any time, the details of any illegal practice that may be considered bribery under the anti-corruption laws in force.

21.1 – Omnisolution and the user agree that the Central Court of São Paulo, State of São Paulo, Brazil, will be the only competent to resolve any issue or controversy arising from or resulting from the use of the software, expressly waiving any other, no matter how privileged it may be or may become.