LightSense Application Terms of Use | Brilia

LightSense Application Terms of Use

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Last update: [21 de February de 2019].

Please read these terms carefully before using the LightSense Application.

CONTRACTUAL RELATIONSHIP

  1. These LIGHTSENSE APPLICATION TERMS OF USE (“TERMS OF USE”) consist of a contract signed between SWELL IMPORTAÇÃO E COMÉRCIO DE PRODUTOS DE ILUMINAÇÃO S.A., registered under the Corporate Taxpayer Registry (CNPJ/MF) No. 10.945.114/0001-68, headquartered at Rua Ferreira de Araújo, nº 79, Postal Code (CEP) 05428-000, Pinheiros – São Paulo/SP, hereinafter referred to as “BRILIA”, and the user (“ USER”) of the LightSense Application available for mobile devices (“APPLICATION”). The TERMS OF USE must be accepted for any use of the APPLICATION.

 

ANY PERSON WHO BECOMES A USER OF THE APPLICATION DECLARES TO ACCEPT THESE TERMS OF USE.

  1. Minors may only register to use the APPLICATION with consent granted by at least one parent or the legal guardia.

  2. The TERMS OF USE are the full and binding agreement between BRILIA and the USER, the only document governing their contractual relationship, replacing any and all previous oral or written agreements and understandings. The USER must accept the entirety of the TERMS OF USE to enjoy all the features of the APPLICATION. 

  3. The TERMS OF USE are provided to the USER, who must accept them at the beginning of the process for installation, registration and APPLICATION use and, given their disclosure, do not allow the USER to claim lack of knowledge regarding their content.

  4. BRILIA may change the TERMS OF USE at any time. Addenda shall enter into force when BRILIA posts the updated version of the TERMS OF USE in the APPLICATION – whether or not the USER is informed is at BRILIA’s sole discretion. If the USER continues to use the APPLICATION after these TERMS OF USE are changed, the USER will continue to be bound thereto..

 

DEFINITIONS

  1. For the purposes of these TERMS OF USE:
    • BRILIA” is SWELL IMPORTAÇÃO E COMÉRCIO DE PRODUTOS DE ILUMINAÇÃO S.A., registered under the Corporate Taxpayer Registry (CNPJ/MF) No. 10.945.114/0001-68, which markets lighting products and licenses the rights to use the APPLICATION;
    • “USER” is the user registered in an ACCOUNT in the APPLICATION;
    • ACCOUNT” means the individual and non-transferable account opened by the USER in the APPLICATION, subject to Clause 4.1 of these TERMS OF USE; and
    • APPLICATION” means the LightSense application for electronic devices, such as smartphones, tablets, smart watches and smart speakers, which aims to provide the USER with an innovative Wi-Fi lighting control system via their mobile devices.

LICENSE

  1. Subject to compliance with these TERMS OF USE, BRILIA grants the USER a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use the APPLICATION. BRILIA reserves any rights not expressly granted by these TERMS OF USE.
  2. The USER will not be able to: (i) remove any copyright notice, trademark or other property right notice from any part of the APPLICATION; (ii) reproduce, modify, prepare derivative works, distribute, license, lease, sell, resell, transfer, display, communicate, transmit or otherwise exploit the APPLICATION, except as expressly permitted by BRILIA; (iii) decompile, reverse engineer or disassemble the APPLICATION; (iv) connect, copy or cut any part of the APPLICATION; (v) write or launch any programs or scripts for the purpose of scraping, indexing, searching or otherwise obtaining data from any part of the APPLICATION, or unduly overloading or impairing the operation and/or functionality of any aspect of the APPLICATION; or (vi) attempt to gain unauthorized access to the APPLICATION or to impair any aspect of the APPLICATION or its related systems or networks.
  3. The APPLICATION may be made available and accessed in connection with third-party applications and content (including advertising) that BRILIA will not control. YOU ACKNOWLEDGE THAT DIFFERENT TERMS OF USE AND PRIVACY POLICIES MAY APPLY TO THE USE OF THIS THIRD-PARTY CONTENT. BRILIA DOES NOT ENDORSE THIS THIRD-PARTY CONTENT AND SHALL NOT, IN ANY WAY, BE LIABLE FOR ANY PRODUCT OR SERVICE PROVIDED BY THIRD PARTIES. In addition, Apple Inc. and Google, Inc. and/or their international affiliates and subsidiaries will be third-party beneficiaries to these TERMS OF USE if you access the BRILIA APPLICATION using applications developed for devices based on Apple iOS or Android, respectively. These third-party beneficiaries are not parties to these TERMS OF USE and are not responsible for providing the services subject to these TERMS. Your access to the APPLICATION using these devices is subject to the conditions established in the terms of service for the respective third-party beneficiaries.
  4. The APPLICATION is the property of BRILIA or its licensors. The USER is granted a limited, non-exclusive and revocable license to use the APPLICATION. This license shall remain in effect until and unless terminated by the USER or by BRILIA. The APPLICATION is licensed to the USER, and not transferred, and BRILIA or its licensors retain ownership of all copies of the APPLICATION, even after installation on the USERS’ devices. All trademarks, service marks, trade names, logos, domain names, and any other features of the BRILIA and LIGHTSENSE brands are the exclusive property of BRILIA or its licensors. These TERMS OF USE do not grant the USER any right to use any BRILIA trademark resource, whether for commercial or non-commercial use, except as provided herein. The USER agrees to comply with these TERMS OF USE and not to use the APPLICATION or any part thereof in any way that is not expressly permitted by these TERMS OF USE. Except with respect to the rights expressly granted to the USER under these TERMS OF USE, BRILIA does not grant any right or title to the USER.

 

APPLICATION USAGE

  1. In order to use the APPLICATION, the USER must register and retain a personal user account (“ACCOUNT”) by filling in the registration fields (such as full name, address, Individual Taxpayer Registry (CPF/MF) No., phone, email, etc.), providing valid and correct information.
  1. If the USER chooses to use the premium version of the APPLICATION, credit card data will also be required. 
  1. The APPLICATION may only be used in conjunction with LightSense products marketed by BRILIA and appropriate devices purchased and operated by the USERS.
  1. The USER agrees to maintain correct, complete and updated ACCOUNT information, under penalty of being unable to access and use the APPLICATION and, as a consequence, BRILIA may resolve these TERMS OF USE. The USER is responsible for all activities performed on their ACCOUNT and agrees to always maintain the security and confidentiality of the ACCOUNT username and password. 
  1. The USER may maintain only 1 (one) ACCOUNT, unless otherwise permitted by BRILIA in writing.
  1. The USER may not authorize third parties to use his ACCOUNT. The USER may not assign or transfer the ACCOUNT in any way to any other person or entity. The ACCOUNT is personal and non-transferable.
  1. The USER agrees to comply with all applicable legislation when using the APPLICATION and may only use the APPLICATION for legitimate purposes. 
  1. By creating an ACCOUNT, the USER agrees to receive text messages (SMS) and emails from BRILIA with ACCOUNT information or about APPLICATION usage. The USER may choose not to receive text messages (SMS) or emails from BRILIA at any time, by notifying BRILIA pursuant to Clause 9.1 below, indicating a desire to no longer receive such messages along with the mobile phone and email that receives them. The USER acknowledges that, by opting out of receiving the messages, he may not receive important information including password recovery and change, software update notifications, notifications regarding changes to the terms of use and privacy policy, etc.
  1. The USER is responsible for gaining access to the data network required to use the APPLICATION. Data network and message fees and charges may apply upon accessing the APPLICATION and BRILIA will not be responsible for such fees and charges. The USER is responsible for acquiring and updating the equipment and devices required to access and use the APPLICATION and any of its updates. 
  1. BRILIA does not guarantee that the APPLICATION, or any portion thereof, will run on any particular hardware or device. In addition, the APPLICATION may be subject to malfunctions and delays inherent to the use of the Internet and electronic communications.
  1. Improper use of the APPLICATION or in disagreement with these TERMS OF USE, will result in the deletion of the USER’s ACCOUNT and a ban on the use of the APPLICATION, at BRILIA’s discretion. USER data shall be preserved according to the law, including, without limitation, for the purpose of complying with legal obligations and for use by the competent authorities in the event BRILIA is summoned or sued for the violation of third-party rights resulting from misuse of the system. To learn how your data are processed, click here and access the APPLICATION’s Privacy Policy.
  1. Instructions for use of the APPLICATION can be found in the Installation and Usage Guide, accessible within the APPLICATION.

 

PAYMENT

  1. The basic version of the APPLICATION is provided by BRILIA free of charge to the USER. 
  2. By choosing to use the APPLICATION in premium mode (when available), a monthly fee will be charged to the USER, who will need to provide a current, valid and accepted payment method, which may be updated from time to time.
  3. To use the APPLICATION in premium mode, the USER must make this choice in his registration and, from that moment on, receive a monthly charge, regardless of the number of devices connected to his account. There is no free trial period for the APPLICATION in premium mode. Unless the USER cancels his ACCOUNT prior to the monthly billing date, the USER authorizes BRILIA to charge the monthly amount as quoted above using the payment method chosen by the USER.
  4. Occasionally, BRILIA may change the price charged to use the APPLICATION in premium mode. All changes made to the price will only be applied 30 (thirty) days after the notification sent to the USER.
  5. The USER may change the form of payment by accessing his ACCOUNT. If payment is not successful due to expiration, insufficient funds or other, and the USER does not change the payment method or cancel his ACCOUNT, BRILIA may suspend access to the APPLICATION until a valid form of payment is informed, as well as make use of all legal mechanisms for reimbursement. 
  6. For some forms of payment, the financial institution may charge certain fees, such as fees on international transactions or others. Consult your financial institution for more details and information.
  7. Whenever the USER registers a new credit card, BRILIA may perform a test charge that will be reversed shortly thereafter. This test charge will not be recorded on the invoice, and is only used to validate the registered credit card.

 

CANCELLATION

  1. O USUÁRIO pode cancelar a sua CONTA a qualquer momento e terá acesso bloqueado imediatamente.  
  2. Para cancelar sua CONTA, siga as instruções de cancelamento informadas no campo “Minha Conta”.

 

WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY

  1. BRILIA shall not be liable for indirect damages, including loss of profits, loss of data, or related moral or property damage associated with or arising from any use of the APPLICATION. 
  1. The USER agrees to indemnify and hold BRILIA, its licensors, directors, employees and other representatives free of liability from all claims, charges, damages and expenses (including attorney’s fees) arising from or related to: (i) improper use by the USER of the APPLICATION provided by BRILIA; (ii) noncompliance or breach by the USER of any provision of these TERMS OF USE; or (iii) violation of third-party rights by the USER.

 

APPLICABLE LAW AND JURISDICTION.

  1. These TERMS OF USE shall be governed by and interpreted exclusively in accordance with Brazilian law. Any claim, conflict or dispute arising out of or related to these TERMS OF USE, including their validity, interpretation or enforceability, may be resolved by the courts of the USER’s or BRILIA’s jurisdiction.

 

GENERAL PROVISIONS

  1. The USER may contact BRILIA through the link in the APPLICATION; by phone at +55 (11) 2365-0665; by email at sac.lightsense@brilia.com; or the USER may communicate with BRILIA  by clicking here. Operating hours for the BRILIA customer service center are Monday-Friday, 9 a.m. to 5 p.m..
  2. The USER is prohibited from transferring or relinquishing, for any reason, its contractual position in these TERMS OF USE or any right or obligation arising therefrom without prior and express consent from BRILIA. BRILIA may transfer or relinquish its contractual position in these TERMS OF USE or any right or obligation arising therefrom at any time, without the need for prior notice or consent from the USER.
  3. If the USER does not agree with any changes made to these TERMS OF USE, he must cancel his ACCOUNT with BRILIA and refrain from using the APPLICATION.
  4. The APPLICATION may contain links to other websites. These TERMS OF USE do not cover such sites, and BRILIA cannot be held responsible for the practices or content of these other sites.