1. ACCEPTANCE OF TERMS
Welcome to SpecialOne. All our products and services are provided by SPECIALONE TECNOLOGIA E SERVICOS LTDA, located at Avenida Paulista, nº 1439, 1° Andar, CEP 01.311-200, Bela Vista, São Paulo – SP, Brazil, registered with CNPJ / MF under No. 27.708.508/0001-03, contato@specialone.io. By using our websites, products, and services, you agree to all the terms and conditions of use, so please read the content carefully. If you disagree with SpecialOne’s terms and policies, do not use the sites, products, and services. As our products and services are varied, given SpecialOne’s constant pursuit of improvement and innovation, additional Terms, Licenses, and Contracts may include specific clauses and conditions of use for each product or service. Such documents will be available to each customer and user on their access panel when contracting SpecialOne’s products and services.
2. PERMISSIONS AND USAGE LIMITS
The use of SpecialOne’s websites, products, and services is only permitted for adults. If you are a minor, over the age of 15 (fifteen) years, the use and contracting may only be carried out by your legal representative. If you represent a company, you must be a legally valid representative, e.g., an employee, manager, partner, or authorized representative. Users may not use SpecialOne’s services for purposes other than those for which the service is intended, nor may they use it to commit infractions or illegal acts, administrative or illegal, and must comply with the laws of Brazil and those of their country of origin. Some services may be used to monitor and collect specific data from the user or third parties, such as SpecialOne Monitoring services, which perform monitoring, e.g., applications, infrastructure, and business data. In these cases, the user declares that they have authorization, under Brazilian law, depending on the territory of use and the owner of the monitored data, for monitoring or searching for their own or third-party data, exempting SpecialOne from any and all responsibility in case of data collection without third-party authorization. Therefore, it is prohibited to use the services for crimes or infractions, such as, but not limited to, hacking into third-party computers, illicit and illegal data acquisition, spreading viruses, spyware, adware, child pornography, database hacking, among many other types of illegalities and offenses that violate the law, order, and public morals, as well as damaging SpecialOne’s servers and software. In case of misuse, SpecialOne may immediately suspend access to and use of its services without prior notice to comply with legal provisions or to prevent continued violation of terms, contracts, policies, or licenses of its services and products. Services may be canceled by both the user and SpecialOne, subject to the specific contract clauses for each type of service, if applicable. As for payments, they may be made in various ways, and late fees and penalties may be applied, as specified in the specific service contract.
3. CONTENT AND DATA
Each user is solely and entirely responsible for the accuracy and legality of the data provided and for the content of the data, files (text, documents, messages, emails, images, videos, audio, etc.), and information provided to SpecialOne. SpecialOne will not be responsible for inappropriate content that infringes the law and may suspend services in case of suspected infringement or illegality, as well as delete them if there is a risk of damage to its own servers or software. Users are also responsible for the access credentials provided, being entirely responsible for their security, and must take care to ensure that third parties do not discover and use them without authorization, avoiding sharing them with those they do not trust. Also, in compliance with the provisions of the Brazilian Civil Rights Framework for the Internet (Law No. 12.965/2014) and the Data Protection Law (Law No. 13.709/18), SpecialOne will need user data to register and contract its services, which will be duly stored and accessed by the user on their panel, and their use and transmission to third parties will only be carried out when necessary for the execution of the contracted service. For privacy, collection, processing, storage, use, and transmission of your personal data, please consult our Privacy Policy available at https://specialone.io
4. INTELLECTUAL PROPERTY
All websites, products, services, brands, patents, and software of SpecialOne are its exclusive property. We seek customer and user satisfaction with maximum efficiency, but the use of our services does not transfer any intellectual property rights to the user, being provided under a usage license. Thus, the user cannot disclose SpecialOne’s brands, products, and services without authorization or as their own, nor perform actions that harm SpecialOne’s copyrights or software, or third-party rights, e.g., but not limited to: reverse engineering, code decompilation, partial code copying, design, layout, brands, slogans, software modifications, security breaches or accessing other users’ accounts, password and data theft, among other harmful and illicit actions. SpecialOne also respects third-party copyrights, following Brazilian legislation, such as the Civil Rights Framework for the Internet and the General Data Protection Law. SpecialOne’s service usage license is provided individually for each user, and there may be a specific contract or term for each service, which cannot be transferred to third parties without authorization. The user also cannot provide third parties with confidential data they may become aware of while using SpecialOne’s service without authorization or in violation of the law. Use responsibly and have the best experience.
5. LIABILITY DISCLAIMERS AND WARRANTIES
To the extent permitted by Brazilian law, SpecialOne and its suppliers offer their products and services “As is,” meaning there are no express or implied warranties, including implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We make no commitments about the content in the Services. Additionally, we disclaim any warranty that (a) the Services or Software will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (b) the results obtained from the use of the Services or Software will be effective, accurate, or reliable; (c) the quality of the Services or Software will meet your expectations; or (d) any errors or defects in the Services or Software will be corrected. We also do not assume responsibility for any loss of use, data, profits, or any special, incidental, indirect, consequential, or punitive damages, regardless of cause (even if advised of the possibility of such loss or damage), including losses and damages (a) resulting from loss of use, data, or profits, whether or not foreseeable, (b) based on any theory of liability, including breach of contract or warranty, negligence or other tortious act, or (c) arising from any other claim arising out of or related to your use or access to the Services or Software. Nothing in the Terms limits or excludes our liability for gross negligence, intentional misconduct, or that of our employees, or for death or personal injury. SpecialOne will also not be responsible for the storage and backup of files eventually stored on its servers, and users must keep their own copy of all their documents and data provided. Depending on the type of service contracted, specific SLA (Service Level Agreement) clauses and service or efficiency guarantees may be provided, as specified in the specific and individually contracted service agreement.
6. MODIFICATION AND APPLICABLE LEGISLATION
This term may, at SpecialOne’s sole discretion, be modified at any time, without the need for user or third-party authorization. We will notify users when the term is updated via email, internal system, or other contact forms provided in the contract. Changes to the Terms required by law will not give rise to the right to terminate the contract without payment of a penalty if provided. Depending on the type of service and its territorial scope, Brazilian legislation may apply, with competent jurisdiction in São Paulo – SP, being competent to judge any issue related to SpecialOne’s services, each license or service contract will have specific provisions on the subject. In case of doubt or conflict regarding the applicable legislation, Brazilian law will apply, and the São Paulo – SP, Brazil, court will be competent, prevailing, in any case, the specific contract of each SpecialOne service.