These general terms and conditions of use govern the use of the services offered by Beecrowd Marketplace Ltda., registered with the CNPJ under nr. 43.617.567/0001-14, with its head office at Rua Funchal, 538 – Cj. 24, Vila Olímpia, in the City and State of São Paulo. The use of the PLATFORM/Website must result in the adjustments established below to its USERS, including the acceptance of these General Terms and Conditions of use. Only use our services if you agree with our General Terms and Conditions of Use.
The reading of these General Terms and Conditions of Use is mandatory, since acceptance of this document consists of the consent of all matters present.
02. THE DEFINITIONS
In this term, the capitalized words listed below will have the following meanings:
TERM - this General Terms and Conditions of Use;
PLATFORM - this Platform or site, address: beecrowd.com.br;
CONTENT - means information, data, text, software, music, sound, photos, graphics, videos, messages, labels, interactive features or any other materials and content of the Platform. By "User Content", we understand any Content that you Post on the PLATFORM.
USERS - individuals, talents, professors, students, companies, and academic institutions/universities, in other words, EVERYONE who has registered on the PLATFORM, meeting the requirements to do so, and intends to benefit from the services of this platform.
POST - when we say "post", we include posting, uploading, sharing, uploading or otherwise providing User Content in any way in connection with the Platform.
This TERM regulates the use of the services offered by Platform, these being (i) connect the USER with designers, developers, professors, students, professionals, companies and managers to which one has access, (ii) use the link between the parties mentioned for the execution of services, according to their budget and project; (iii) allow the USER to participate in challenges, contests, tournaments and/or competitions that take place on the Platform, with or without connection with a company or legal entity.
05. SERVICE DESCRIPTION AND CLASSIFICATION
The purpose of the PLATFORM is to facilitate the provision of professional services in technology and process outsourcing to its USERS. Through the PLATFORM, USERS get in touch with the professional(s) in order to explain how they want their request to be fulfilled. The Platform offers (i) services to search for professionals through the talent allocation mode in specific projects contracted by companies, taking into account the skills and specificities of each project, (ii) services to search for professionals through games, marathons, challenges, problem-solving, with professional ratings, and (iii) crowdsourcing services, through which beecrowd uses talents who will perform various parts of a specific service that will be consolidated and delivered to the company by beecrowd, (iv) access to and use of the platform's technology and tools for Universities and students.
The talent, and not beecrowd, is responsible for evaluating and determining the suitability of any project or company on its own. If a talent decides to enter into a contract with a company, the contract will be directly between the talent and the company, and beecrowd may or may not be a part of that contract, relationship, and/or any negotiation or transaction between the company and the talent. Without limitation, each User is solely responsible for (a) verifying the accuracy and legality of any content provided or received through the services, (b) making the final determination for a given contract, (c) negotiating, agreeing to, and executing any terms or conditions of contracts that may be required by companies, and (d) performing the agreed-upon services. Beecrowd does not oversee, direct, control, or evaluate, in any way, the talents or their work and is not responsible for any project, contract product, deliverable, and contract terms.
The talent agrees that they must provide all the equipment and software necessary to connect to the services they intend to provide, as well as for the projects they accept. Beecrowd does not provide training, or any equipment, labor, tools, or materials related to any contract, and it is the talent's responsibility to agree to such terms with the company; beecrowd does not provide the facilities where the talent will perform the work.
Nothing in these terms is intended or should be interpreted as a partnership, joint venture, employer-employee relationship, or anything similar. Companies and talent are solely responsible and have full discretion regarding the selection of the professional to be chosen for a specific project or service. Beecrowd has no influence or involvement in this decision as well as in the relationship between the company and talent.
06. AGE, LEGAL CAPACITY AND ELIGIBILITY
The SERVICES of beecrowd are available to individuals and legal entities who want to use the platform. If the User (natural or legal person) intends to use the platform also to provide services, he/she must be regularly enrolled in the registers of federal and state taxpayers with full legal and working capacity necessary for another party to hire him/her, in accordance with the legislation to which they are subject to. They may not use them to provide services, persons who do not comply with those requirements, or persons whose users have been deactivated by beecrowd, temporarily or permanently. Users are subject to spontaneous exclusion from registration by beecrowd, without refunds or returns of any type. Users are already warned of the legal sanctions provided for in the Brazilian Civil Code. beecrowd may spontaneously exclude the registration of USERS who, when requested, do not confirm their legal capacity to contract beecrowd services. It is prohibited the creation of more than one registration per USER. In the event of multiple registrations made by a single USER, beecrowd reserves the right, at its sole discretion, and without the need for prior consent or communication to the USERS, to disable all existing registrations and prevent any future registrations linked to this User. Only one registration will be allowed to be linked to one ID, one phone number, and one email address, with no duplication of data in any case. Beecrowd may unilaterally delete the registration of USERS when it is determined that the conduct of the USER is or will be harmful or offensive to other USERS, beecrowd and its employees, or third parties. Beecrowd allows you to interact with other Users, and you are entirely responsible for this interaction. However, we reserve the right, but not the obligation, to monitor any disputes or interactions between Users. By using our Site, if you provide services to the U.S., you agree that you are not (a) a citizen or resident of a country in which use or participation is prohibited by law, decree, regulation, treaty or administrative act; (b) a citizen or resident or located in a country or region that is subject to U.S. or other sovereign country sanctions or embargoes; or (c) an individual or an individual employed or associated with an entity identified in the U.S. Department of Commerce's List of Denied Persons or Entities, the U.S. Treasury Department's Lists of Specially Designated Nationals or Blocked Persons, or the State Department's List of Prohibited Parties or otherwise ineligible to receive items subject to U.S. export control laws and regulations, or other rules of economic sanction of any sovereign nation.
07. REGISTRATIONS AND USER CONTENTS
It is necessary to complete all the data required by beecrowd at the time of registration, as well as the choice of individual login and password, so that the USER is able to use the PLATFORM in its totality. It is the sole responsibility of Users to provide, update and guarantee the veracity of the registration data, in a way that corresponds at each moment to their real situation, and beecrowd is not responsible for any type of civil and criminal liability resulting from untrue, incorrect, incomplete, or outdated data provided by users. In the event of multiple registrations made by a single USER, beecrowd reserves the right, at its sole discretion, and without the need for prior consent or communication to the USERS, to disable all existing registrations and prevent any future registrations linked to this User. Only one registration will be allowed to be linked to one ID, one phone number, and one email address, with no duplication of data in any case. Beecrowd may unilaterally delete the registration of USERS when it is determined that the conduct of the USER is or will be harmful or offensive to other USERS, beecrowd and its employees, or third parties. Beecrowd allows you to interact with other Users, and you are entirely responsible for this interaction. However, we reserve the right, but not the obligation, to monitor any disputes or interactions between Users. If beecrowd considers a registration, or the information contained therein, suspected of containing erroneous or untrue data, beecrowd reserves the right to suspend, temporarily or definitively, the USER responsible for registration, as well as to prevent and block any service request, without prejudice to other measures it deems necessary and timely. In the event of the application of any of these sanctions, users will not be entitled to any kind of compensation or compensation for loss and damage, lost profits or moral damages. The USER will access his account through login and password, defined by him/her, committing not to inform or share third parties of this data, as well as use them with due diligence, being fully responsible for the use made of them. The USER undertakes to notify beecrowd immediately, through the e-mail [email protected] or other channels of contacts maintained by beecrowd on THE PLATFORM, regarding any unauthorized use of his account. The USER will be solely responsible for the operations carried out on his account, since access will only be possible through the use of password of his exclusive knowledge. Under no circumstances will the assignment, sale, rent or other form of account transfer be permitted. It will not yet allow the creation of new registrations by people whose original registrations have been cancelled for violations of beecrowd policies. Talents are not allowed to present themselves to companies as employees, service providers, or contractors of beecrowd. beecrowd reserves the right, unilaterally and without prior notice, to refuse any registration request and to cancel a previously accepted registration.
By posting your information and other content ("User Content") on the Site, you grant beecrowd a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully free, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform User Content in connection with the Site and content. beecrowd has the right, but not the obligation, to monitor the Site and user content and Content. beecrowd may remove or disable any User Content at any time for any reason.
The User understands that the operation of the Site, including User Content, may not be encrypted and may involve transmission to third-party vendors and beecrowd’s hosting partners to operate and maintain the Site and content. Therefore, you acknowledge that you are solely responsible for the security, protection, and proper backup of User Content. Beecrowd will have no liability to you for any unauthorized access or use of any User Content or any corruption, deletion, destruction, or loss of any User Content.
The User may submit feedback or ideas about the services ("Ideas"). By submitting any Idea, the User agrees that their disclosure is free, unsolicited, and without restrictions, which will not place us under any fiduciary, confidential, or other obligation, and that we are free to use the Idea without any obligation of compensation to you and/or to disclose the Idea in a non-confidential manner or otherwise to any person or User. You also acknowledge and agree that, by accepting your submission, beecrowd does not waive any rights to use similar or related ideas, including those known or developed by beecrowd or obtained from sources other than you.
08. THE CANCELLATION POLICY
The USER may cancel his/her subscription to the PLATFORM at any time, however, he/she will not be reimbursed for amounts eventually already paid to beecrowd.
09. PRIVACY OF INFORMATION
10. THE COOKIES POLICY
11. OF THE RELATED PRACTICES
USERS may not: (i) Obtain, store, disclose, trade, and/or use personal data of other USERS for commercial, unlawful, and/or unauthorized purposes without the owner's consent; and (ii) Circumvent, or attempt to circumvent, in any way, the system, mechanism, and/or the beecrowd PLATFORM.
12. THE VIOLATION IN THE SYSTEM OR DATABASE
14. THE RESPONSIBILITIES
beecrowd reserves the right to assist and cooperate with any judicial authority or government agency and may provide registration or business information of its USERS, in accordance with applicable law, when it deems that its assistance or cooperation is necessary to protect its USERS, employees, collaborators, administrators, partners, or anyone who may be harmed by the action or omission being addressed.
15. THE LIMIT OF RESPONSIBILITIES
beecrowd is an integral part of the negotiations between users and service takers or parties involved in the services of this Platform, but assumes a role only as an intermediary, being users, designers, developers, professors, students and/or service takers, all beecrowd’s Customers. Therefore, the responsibility for all obligations arising from the relationship between the aforementioned Parties, whether labor, fiscal, consumerist, or any other nature, shall be exclusively of the Parties involved who used the platform, user, provider and service taker.
16. LEGAL NOTICE
THE MATERIALS AND SERVICES ON OUR PLATFORM ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED IN ACCORDANCE WITH APPLICABLE LAW, WE WAIVE ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF COMMERCIALIZATION AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT GUARANTEE THAT THE FUNCTIONS CONTAINED IN THE MATERIALS/SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS PLATFORM OR THE(S) SERVER(S) THAT MAKE AVAILABLE OUR PLATFORM OR ANY ADVERTISED OR HYPERLINKED SITE WILL BE ACCESSIBLE AT ANY TIME. WE DO NOT GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR RESULTS OF OUR PLATFORM WITH RESPECT TO CORRECTION, ACCURACY, RELIABILITY, GRAPHICS, LINKS OR OTHERS. YOU ASSUME ALL THE COSTS OF ALL NECESSARY ADDITIONAL SERVICES, REPAIRS OR CORRECTIONS DUE TO THEM. TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Documents, graphics and other materials appearing on our PLATFORM may include technical inaccuracies, typographical errors and outdated information and the use of such documents, graphics or other materials is the responsibility of the User.
17. THE OPERATION OF THE PLATFORM
On the PLATFORM is available, in the FAQ session, information regarding the use of the PLATFORM so that the USER can consult whenever necessary.
18. PROBLEMS ARISING FROM THE USE OF THE SYSTEM
beecrowd is not responsible for any damage, injury or loss suffered by the USER due to failures in his connection to the Internet, with his provider, in the system, with the SMS system, with the telephone line or on the server used by the USER, arising from the conduct of third parties, fortuitous case or force majeure. beecrowd is not responsible for the compatibility between its PLATFORM and user-owned hardware or software. The USER cannot hold beecrowd responsible if the PLATFORM is not accessible in old-fashioned equipment or through outdated software. beecrowd will also not be responsible for any virus, trojan, malware, spyware, ransomware or any software that may damage, change the settings or infiltrate the USER's equipment as a result of access, use or internet browsing, or as a result of the transfer of data, information, files, images, texts or audios.
19. INTELLECTUAL PROPERTY AND LINKS
The commercial use of the expression 'beecrowd' as a trademark, trade name, or domain name, as well as the logos, marks, insignias, screen content related to the PLATFORM services, and the set of programs, databases, networks, and files that allow the USER to access and use their account, are the exclusive property of beecrowd and are protected by copyright, trademark, patent, industrial design, and international treaties. Unauthorized use and/or total or partial reproduction of said content is prohibited, unless expressly and in writing authorized by beecrowd. Beecrowd grants you a non-exclusive, non-transferable, and revocable license to access and use our Site strictly in accordance with our Legal Terms. Your use of our Site is exclusively for the purposes stated in our Legal Terms; any other use is a violation of this license and will result in the immediate revocation of your account.
All rights, titles, and interests in the Site and content will remain and belong exclusively to beecrowd. The User shall not (a) sublicense, resell, rent, lease, transfer, assign, time-share or otherwise commercially exploit or make the Site and any content available to third parties, (b) use the Site and content in any unlawful manner (including, without limitation, violation of any data, privacy, or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Site and content or their related components, or (c) modify, adapt, or hack the Site and content or attempt to gain unauthorized access to restricted portions of the Site and content or related systems or networks (i.e., bypass any encryption or other security measures, gain access to any source code, or any other underlying form of technology or information, and gain access to any portion of the Site and content, or any other products or services of beecrowd not readily available to the general public). You are not allowed to copy, modify, frame, republish, perform, or publicly display, sell, reproduce, distribute, or create derivative works from the Site and content. The User may download, display, and print a copy of the materials (i.e., the content that does not require an account name or password to access) on a single computer exclusively for their personal and non-commercial use, provided that you do not modify the material in any way and keep all copyright, trademark, and other proprietary notices intact. If the User is a content creator, they are free to reproduce platform content, and/or publicly display it, creating new content or using it partially, for educational purposes and/or to convey programming language. The User agrees not to access the Site or content by any means other than through the interface provided by beecrowd to access it. You may not use any "page-scrape," "deep-link," "spider," or "robot” or other automatic program, device, algorithm, or methodology, or any similar manual process, to access, copy, challenge/exercise, acquire, or monitor any part of the Site or any content, or in any way reproduce or bypass the presentation or navigation structure of the Site or any content, to obtain or attempt to obtain any content or other information by any means not generally made available through the Site by beecrowd. Beecrowd reserves the right to take any legal action to prevent such activities and may immediately delete the User.
21. EFFECTIVE DATE AND MODIFICATIONS OF THE TERMS AND CONDITIONS OF USE
22. APPLICABLE LEGISLATION