Terms & Conditions
PIXXEL CONSULTORIA E SERVICOS DE TECNOLOGIA LTDA, a private legal entity, registered under CNPJ No. 46.591.964/0001-52, headquartered at Rua Conceição de Monte Alegre, No. 198 (Conjunto 81), Brooklin, Acaraí Building, São Paulo (SP), ZIP Code: 04563-060, the rightful owner of "Dotted", hereby, along with you, reaffirms the following Terms of Service ("Terms"), under the conditions set forth below, CONSIDERING THAT:
Whenever we refer to "You" or "User", we are referring to the group of professionals accessing our platform with the specific objective of utilizing our functionalities.
This term does not aim, nor does it foresee in whole or in part, the sale, or any type of assignment of the platform's property rights, but rather, the granting of the Right to Use under a Software License, within the limits of Brazilian Legislation.
Therefore, we do not undertake, legally or contractually, the exclusivity of this license, being able to freely assign it without your interference - including, but not limited to - intellectual, industrial, copyright or any other property that is or may be recognized as ours.
By joining our solution or registering on it, you declare and confirm that you have read, understood, and agree to all the terms established herein, as well as those present in our Privacy Notice, and if you do not agree with any rule or are unable to comply with it, you accept that, unfortunately, you will not be able to use our solution;
You declare to us that you are legally capable of entering into contracts (for example, you are not a minor). If you are entering into this Agreement for an entity, such as the Client for whom you work, you declare to us that you have the legal authority to bind that entity.
All the information in this document is very important. Therefore, we ask that you pay close attention.
Welcome to Dotted!
Dotted is a platform that reduces our clients' cloud costs (AWS) through the purchase and sale of AWS discount instruments (Saving Plans and Reserved Instances) and using the concept of collective buying, where the combined consumption of our clients offers lower rates to everyone in the group. You can find more details at https://help.usedotted.com/general-faq.
DEFINITIONS: To facilitate your reading and understanding, we will list below the meanings of some words contained in this term, so that when you come across them, you will know what we are talking about, and to make it easier to consult them whenever necessary.
Accept or Acceptance: It is the act of clicking on the box "I have read and accept the Terms of Use and Privacy Policy" displayed on the website or in our application. Such act implies the confirmation of your prior, express, and informed consent, regarding all the provisions in both documents, especially covering the request and granting of authorization for the constitution and storage of a database composed of personal data, among other information.
Solution/Platform/Application/Site: Refers to our software, which can be used through our website or application, which have been adapted and developed to operate on browsers, cell phones, and tablets with the iOS or Android operating system, with internet access.
Account: Corresponds to an account for the use of the platform.
Personal Data: Correspond to all data provided that, in any way, identify individuals, such as, for example: Name, address, CPF, telephone number, email address, or any other information requested by applicable regulations.
Malware and/or Harmful Practices: Malicious software and/or the practice of harmful activities to any person or entity. Examples of Malware include worms, Trojans, and other types of viruses; and examples of harmful and unwanted practices are exploits, spamming, flooding, spoofing, crashing, and rootkits.
You or User: All duly registered users, with full capacity to contract, who access our website to enjoy the functionalities offered for the analysis and obtaining of discounts on cloud services (AWS).
ACCEPTANCE AND MODIFICATION OF THE TERM: To start using our platform, you must go to the website https://usedotted.com, and register, filling in the requested data and following the instructions, concluding, at the end, with the acceptance of the "Terms of Use and Privacy Policy", after which you will receive the information regarding the approval of your registration at the indicated email address.
But before using our platform, you understand and agree that it is mandatory to read the terms, and declare, through your acceptance, that you have read, accepted, without any objection, all the provisions contained in these documents; These terms may be revised from time to time to better reflect changes in legislation; new regulatory requirements, or; improvements or enhancements made to our solution;
If an update affects your use, or your rights as a user, we will notify you in advance of the effective date of the update, by contacting the email address associated with your account. However, this generosity does not absolve you of your responsibility to periodically check these terms.
If you do not agree with the updates we make, cancel your account before the effective date, however, if you continue to access or use our solution after the updates take effect, it is understood that you agree to follow the revised terms.
For any matter related to the conditions established in these terms, as well as the use of our website or application, you must contact exclusively through our official communication channels, so that such situations can be resolved.
PLATFORM:
Registration.
To access the Platform, the Client must register and authorize users (who will become Authorized Users) as provided at https://console.usedotted.com/signup. When registering for an account, the Client and its Authorized Users will be required to provide Dotted with certain registration information, including, but not limited to, the Client's name, email address, account password, and billing information.
The Client declares that the information provided is accurate, complete, and not misleading, and undertakes to keep such information up to date. Each created account cannot be transferred, sold, or assigned to any other person or entity. The Client is solely responsible for maintaining the confidentiality of its user and password, as well as those of its Authorized Users, and accepts responsibility for all activities that occur under its account and that of its Authorized Users. The Client will immediately notify Dotted upon becoming aware, or having reasonable grounds to believe, that its accounts are no longer secure.
The Client shall authorize Dotted's access to the Client's AWS Services as provided in the registration process at https://help.usedotted.com/security-and-access/cross-account-role.
Purchases by Dotted: Dotted is responsible for purchases made on the AWS Platform of Reserved Instances and/or Savings Plans and will remain financially responsible to AWS for such purchases after the termination of this Agreement for any reason.
Purchases by the Client: Dotted is not financially responsible for the purchases of Reserved Instances and/or Savings Plans made by the Client, and such purchases will be the Client's financial responsibility during and after the term of this Agreement. Once in the Platform, we strongly recommend stopping all future purchases of Reserved Instances and/or Savings Plans.
Platform Changes Notice: Dotted may change or discontinue any of the Platform services from time to time. We will provide you with at least sixty (60) days' notice before changing or discontinuing a Platform feature; however, we may provide a shorter notice period if AWS changes its application programming interface, AWS or Dotted's authorized distributor substantially changes its business relationship with Dotted, or if AWS substantially changes its pricing and discount models.
PAYMENT:
Throughout the Term, the Client remains fully responsible for all fees, charges, taxes, and other expenses billed by AWS; however, Dotted, as an AWS Authorized Partner through the AWS Distributor contract, will send invoices to the Client that must be paid promptly for these Invoices. In some cases, invoices may be issued by an authorized AWS Distributor that can be consulted at https://help.usedotted.com/product/payments.
As an AWS Authorized Partner, Dotted is fully paid by AWS, not by the Client. Dotted’s invoices to the Client refer exclusively to the fees, charges, and expenses of the AWS Services billed to the Client's AWS Accounts;
AWS Services consumed by the Client will be billed by Dotted according to AWS's standard pricing list published at the following URL: https://aws.amazon.com/pricing. AWS calculates monthly fees, charges, taxes, and other expenses for the use of the Services.
The amounts indicated in the definition of AWS service prices are gross, free of taxes and/or fees. Therefore, Dotted will apply taxes and charges from the operation, being 13.83% for local services billed in reais by AWS and 40% on marketplace services billed in dollars by AWS.
LIMITATION OF LIABILITY: These terms overtly present the functionalities available to you, their consequences, limits, forms of interaction, general and specific aspects, security measures, and compliance with the respective applicable legislation, for which WE ARE NOT RESPONSIBLE:
For any erroneous information provided by all users, which may be used for various purposes, as well as for any aspects related to them, inadequate description, or non-compliance with any legal, intellectual, copyright, and/or regulatory adequacy, or for any inherent risk in the digital environment, including any crimes occurring in electronic media.
For any damages, punitive, incidental, special, or emergent indirect or directly caused to or by the user's electronic device, including, without limitation, damages for loss of use, data, or profits, arising from or in any way related to the use or performance of our platform, application, and/or website.
For any content of a racist, sexist, antisemitic, homophobic nature, or that directly or indirectly involves prejudiced expressions, which may give rise to any type of slander, insult, or defamation.
For any incorrect use, or correct but without due care, of the functionalities of our solution, through any device that allows its execution, including the information registered there, and which may be subtracted by any means, because of such practices.
Any and all third-party content, whether publicly disseminated or transmitted privately, since we cannot guarantee the authenticity of any content or data you provide about yourselves.
USER OBLIGATIONS AND RESPONSIBILITIES: You are solely responsible for the proper use of our platform, and you cannot hold us responsible for its incorrect and/or improper use, as well as for any damages, losses, liability, claims, lawsuits, losses, demands, or expenses, including, but not limited to, attorney's fees, court costs, and costs of defeat resulting therefrom, especially in cases where it is found that such occurrences were due to the exclusive fault of the users, furthermore:
YOU HEREBY UNDERTAKE: (a) For all information provided as being true and accurate; (b) Not to allow third parties to use your account; (c) Not to disclose your password or account information, as well as the consequences of your access and use of our solution - with or without your knowledge or approval, and; (d) Not to use our communication and solutions to transmit and/or disclose illicit, prohibited, or defamatory material that violates the privacy or rights of third parties (including those of intellectual, copyright, industrial property, among others), or that is abusive, threatening, discriminatory, injurious, or slanderous, that encourages discrimination or violence;
Operations: Any and all operations carried out by the user through our platform MUST BE CAREFULLY ANALYZED BY THE USER, since THE PLATFORM HAS INFORMATION SECURITY SYSTEMS WITH ADVANCED TECHNOLOGY AND IN THE STANDARDS REQUIRED BY THE MARKET, so that any financial operation, whether contracting, payments, transfers, among others, will have the security confirmation of passwords and other access information, which you understand, agree, and ratify, from now on, that if proven to be from legitimate use, WILL BE YOUR SOLE AND EXCLUSIVE RESPONSIBILITY, not entitling you to reimbursement for any reason, on our part;
Communication Channels: The official communication channels used by us are those defined below, so YOU SHOULD NOT RESPOND to any type of request for sending personal data, your account, card number, password, and others that allow its use in our platform or any other, if these are requested outside our official channels, being solely and exclusively responsible for the damages resulting therefrom.
Identification of Official Channels: Our official website starts with HTTPS, which represents a protocol for secure transfer of information with our users, and our web address is https://usedotted.com, so NO VARIATION thereof is considered valid, and our official channels can be found at the following addresses:
Instagram: https://www.instagram.com/dotted.ai
Email: support@usedotted.com
LIMITATION OF PERSONAL USE AND INTELLECTUAL PROPERTY: Dotted hereby asserts its right to the ownership of the brand, as well as its website and technologies, so as not to allow any interference by third parties that touch upon such properties, except those negotiated in a separate document for that purpose, as well as those listed in this term.
We declare that the content, appearance, organization, and structure of your website do not infringe any Law or Regulatory Act to which it is subject, contract, document, or agreement of which it is a part.
You may not copy, reproduce, distribute, duplicate, compile, create derivative work, alter, combine, modify, adapt, translate, expand, merge, decode, recreate, or reverse engineer any component of the Platform.
You hereby undertake not to use any information contained in the platform for the purpose of infringing the law, whatever it may be, as well as to respect industrial, patent, or intellectual/copyright property rights contained herein, in the form of texts, software, sounds, images of any nature or other means possible to be produced/reproduced, disabling you from claiming authorship or right to use any of this data or resources for any purpose;
It is FORBIDDEN for the user to make copies of the platform and, eventually, distribute them, as well as any form of use of its excerpts, images, or other form of audiovisual manifestation, by any reverse engineering technique in the development or creation of other works that allows access to its constitution; in addition, it is also forbidden to provide access via the internet at any address and unauthorized files;
The solutions presented by the platform contain content protected by copyrights, trademarks, service marks, patents, trade secrets, or other rights protected by applicable law (intellectual, for example).
You must follow and maintain all copyright notices, information, and restrictions contained in any content accessed through this solution.
Any use, reproduction, modification, distribution, or storage of content other than for personal use is expressly prohibited without our prior written permission.
FINAL PROVISIONS: Regardless of any prior notice or notification, we may, at our sole discretion, modify, suspend, or discontinue your services at any time and for any reason, without the user being entitled to any compensation or compensation.
Effectiveness: This term will be valid for an indefinite period from the user's acceptance and may be unilaterally modified or terminated by any of the parties at any time, without any cost, upon communication through the service channels.
Tolerance: Any tolerance by any of the parties regarding the inaccurate or untimely fulfillment of the other party's obligations will be valued individually, not constituting waiver or novation of any kind.
Nullity or Ineffectiveness: If any provision of these terms becomes null or ineffective, the validity or effectiveness of the remaining provisions shall not be affected, remaining in full force and effect.
Publicity: Dotted may use the Client's name and logos on its website, in press releases, and in product materials, indicating it is a Dotted client, subject to the Client's consent, which will not be denied without reasonable justification.
Law and Jurisdiction: These Terms shall be governed and construed in accordance with the laws of the Federative Republic of Brazil. In the event of any claim or controversy arising from these terms, or related to them, the Parties hereby elect the court of São Paulo (SP) for the resolution of the claim or controversy, to the exclusion of any other, no matter how privileged it may be.
São Paulo, February 29, 2024
PIXXEL CONSULTORIA E SERVICOS DE TECNOLOGIA LTDA
Atualizado