Last Update: 10/03/2020
Hello, welcome to the general terms and conditions of use of POSTGRAIN!
These terms apply to this website and to the services provided by CASP SOLUÇÕES INFORMÁTICA LTDA., A legal entity governed by private law, duly registered with CNPJ / MF under the number 16.694.290 / 0001-50, with headquarters at Avenida Governador Agamenon Magalhães, 2939 , Rooms 408 and 409, Espinheiro, Recife – PE, CEP:52020-000.
They regulate the use of the profile management platform on the “Instagram” application offered by POSTGRAIN, registered under the electronic address https://postgrain.com.
An updated copy of these general terms and conditions of use will be available at https://postgrain.com/en/terms-of-use/
CHAPTER 1 – ON THE AGREEMENT ON THE GENERAL TERMS AND CONDITIONS OF USE
FIRST CLAUSE – ON THE AGREEMENT
1. All those who wish to have access to the services offered through the POSTGRAIN application must first inform themselves about the rules that make up this instrument, which will be available for prompt and wide consultation, via a direct link in the application itself.
1.1. IF THE USER DOES NOT AGREE TO THESE TERMS, THEY MAY NOT USE THE SERVICES MADE AVAILABLE BY THE POSTGRAIN PLATFORM OF INSTAGRAM PROFILES MANAGEMENT.
1.2. BY AGREEING TO THE TERMS OF THE PRESENT GENERAL CONDITIONS, THE USER DECLARES TO HAVE READ THIS AGREEMENT FULLY, MAKING THE ACT OF CONTRACTING RIGHT AND PERFECT.
1.4. After the agreement to this contract and using the POSTGRAIN application, the USER fully accepts these rules and is committed to comply with them, under the risk of suffering the applicable penalties.
1.5. Before starting any navigation on the application, the USER should be aware of any occasional changes or updates that have occurred in these terms. The USER can also be notified by e-mail or directly in the application about any changes in these rules.
CHAPTER 2 – ON THE PURPOSE OF THE CONTRACT
SECOND CLAUSE – ON THE PURPOSE
2. The purpose of this contract is the establishment of norms aimed at regulating the use of the services of POSTGRAIN application of content management on INSTAGRAM.
Sole Paragraph. The tool will provide an settings panel that allows you to send or schedule publications.
CHAPTER 3 – ON THE SERVICE PROVIDED
FIRST CLAUSE – ON THE SERVICE
3. The USER, after agreeing to the present term and general conditions of use and other regulations attached, will have access to the POSTGRAIN management platform.
3.1.The USER can find the description of our service options on the platform.
3.2. POSTGRAIN gives the USER an option of “free trial” of the service for up to 7 (seven) days. We recommend that all users use it and get to know the service before hiring any plan.
3.3. Even in the aforementioned free option, the USER must first agree to these terms and other annexes to use the service.
3.4. The other service options require payment for the plans chosen by the USER in order to be used. These are the recurring paid subscription services:
Further information on the subscription fees can be found in the link below:
CHAPTER 4 – ON THE NAVIGATION
FOURTH CLAUSE – ON THE NAVIGATION
4. The administrators of the POSTGRAIN application are committed to using all the technical solutions at their disposal to allow access 24 (twenty-four) hours a day, 7 (seven) days a week.
4.1. However, access to the application or to some of its pages may be interrupted, limited, or suspended at any time in order to carry out updates, content modifications, or any other action deemed necessary for its proper functioning.
CHAPTER 5 – ON THE MANAGEMENT
FIFTH CLAUSE – ON THE MANAGEMENT OF THE APPLICATION
5. For good management, the administrators of the POSTGRAIN application may, at any time:
a) Suspend, interrupt, or limit access to all or part of the application to a specific category of USERS;
b) Remove all information that may disturb the operation of the application or that is in conflict with rules of Brazilian law or international law, as well as in conflict with the provisions provided for in this term and other annexes.
c) Suspend the application in order to carry out updates and modifications, as provided in the fourth clause and its items.
CHAPTER 6 – ON THE PROVISIONS RELATED TO THE REGISTER, ON THE USE AND CUSTODY.
SIXTH CLAUSE – ON THE REGISTER, THE USE, AND CUSTODY.
6. The services made available on the POSTGRAIN application can be accessed by people over 13 years of age and under 16 years of age, considered fully incapable under Brazilian law, and who must be duly represented by their legal representatives, who are responsible for the compliance with the present rules.
6.1. The services provided in the POSTGRAIN application can also be accessed by people over 16 years of age (relatively incapable), who will be properly assisted, and the assistant must ensure the legality of the acts performed or legal business celebrated by the assisted.
6.2. In addition, the services provided in the POSTGRAIN application can also be accessed by people over 18 years of age, fully capable and responsible for the acts performed in civil life.
6.3. Finally, all those who do not have full civilian capacity – emancipated under 18 years of age, prodigal, habitual drunks or addicted to drugs, and people who cannot express their will, for a temporary and permanent reason – must be duly represented and assisted by their legal representatives or assistants, who are responsible for the compliance with these rules, respecting the minimum limit of 13 years of age to use this platform.
6.4. The USER recognizes that it is essential for the use of the service to correctly fill out and obey the rules imposed in the POSTGRAIN registration form, obliging himself to fill it with true data and exempting POSTGRAIN from any responsibility for losses generated by false data or inaccurate information provided in the register.
6.5. For proper registration with the service, the USER must provide the required data in full. All information provided by the user must be accurate, true, and up to date. In any case, the user will be held accountable, in civil and criminal instances, for the veracity, accuracy, and authenticity of the informed data.
6.6. The USER must provide a valid e-mail address, through which the application will make all necessary contacts. All communications sent to that address will be considered read by the user, who, therefore, commits himself to regularly consult his received messages and to respond to them within a reasonable time.
6.7. POSTGRAIN is not responsible for communications not received due to the user’s email settings.
6.8. The USER, upon having the service activated, will inform a “login” (nickname) and a personal password to the settings panel, which he must use to access his account in the POSTGRAIN application. This connection data may not be communicated by the user to third parties, and he is entirely responsible for their use.
6.9. The USER commits to notify the platform administrators, immediately, in case of loss, theft, any risk or unauthorized use of their access passwords by third parties, such as suspicious or unexpected activities in their account.
6.10. The USER commits to notify the platform administrators, immediately, in case of loss, theft, any risk or unauthorized use of their access passwords by third parties, such as suspicious or unexpected activities in their account.
6.11. POSTGRAIN is not responsible for lost, modified access passwords by the USER, or for passwords whose combination is considered too “weak”, susceptible to being forced or guessed in any way.
6.12. It will not be allowed to assign, sell, rent or transfer, in any way, the account, which is personal and non-transferable.
6.13. The USER who fails to comply with any of the rules contained in this instrument will be automatically unsubscribed, being forbidden to re-register in the application.
6.14. The USER may, at any time and without justification, request the cancellation of his subscription with the POSTGRAIN application, through the option “cancel subscription” in the settings panel. The cancellation will be carried out as soon as possible, as long as open debts are not verified.
6.15. If the USER wishes to delete his registration in the POSTGRAIN application, thus choosing not to continue with his account on the platform, it is necessary to remove the profiles, log out and no longer access the account.
Sole Paragraph. After performing the process indicated in item 6.15 of this clause, within 48 (forty-eight) hours the account will be inactive. However, if the USER logs in again within that period, the process of deleting the registration will be interrupted.
CHAPTER 7 – ON THE RESPONSIBILITIES
SEVENTH CLAUSE – ON THE RESPONSIBILITY OF THE ADMINISTRATORS
7. The platform administrators will be responsible for the defects and vices found by the services provided by the POSTGRAIN application, as long as it has given them cause. Technical or operational defects and vices originating in the USER’s own system will not be the responsibility of the administrators.
7.1. The administrators are responsible only for the information that is directly disclosed by them. Any information included by the USERS is under sole and entire accountability of the latter.
EIGHTH CLAUSE – ON THE NON-RESPONSIBILITY OF THE ADMINISTRATORS
8. The administrators of the present platform will not be responsible for:
a) For the intrinsic characteristics of the internet, mainly related to the reliability and the origin of the information circulating in this network;
b) For the contents or illegal activities practiced by the USERS through their application;
c) For any information included by the USERS;
d) For the additional cases mentioned in this term and related annexes, which are not the responsibility of the administrators.
NINTH CLAUSE – ON THE RESPONSIBILITY OF THE USERS
9. The USER is responsible for using the service in accordance with the present Term and General Conditions of Use and other POSTGRAIN rules and regulations applicable to the service, as well as in accordance with the norms of the Brazilian law and international law, morals and good customs, and public order.
9.1. The USER is responsible for using the service properly, refraining from the practice of illegal acts, prohibited by law and by the present Term and General Conditions of Use of the application and other attached provisions, which are harmful to the rights and interests of third parties, or that, in any way, may damage, disable, overload or deteriorate the service, servers or equipment of other users or other Internet users (“hardware” and “software”) through the practice of “hacking”.
9.2. As described in Chapter 6 – on the registration, the USER is responsible for the protection of access data of his own account (login and password).
9.3. It is the responsibility of the USER to maintain local copies of his files, since the service provided by POSTGRAIN does not include the backup of the materials available on its website, therefore POSTGRAIN is not responsible for any damages that the user may suffer resulting from the loss, for any reason, of the material inserted or stored in the sites of the platform in question.
CHAPTER 8 – ON THE CONDITIONS OF USE OF THE SERVICE
TENTH CLAUSE – ON THE PROHIBITIONS TO THE USERS
10. The service MUST NOT be used with the purpose of storing, distributing, transmitting, spreading out or making available to third parties, any type of content that, by itself, or which transmission may:
a) contravene, disparage or violate fundamental rights, and public or individual freedoms recognized in the Brazilian legal system or in international treaties;
b) induce, incite or promote criminal acts, defamatory, slanderous, violent or, contrary to the law, morals and good customs or public order;
c) induces, incites or promotes discriminatory actions, attitudes or ideas based on sex, race, religion, beliefs, age or social condition;
d) incorporate, make available or allow access to products, elements, criminal, violent, pornographic, degrading messages or, in general, contrary to the law, morals and good customs or public order;
e) be protected by any intellectual or industrial property rights belonging to third parties, without the USER having previously obtained, from its holders, the necessary authorization to carry out the use that he makes or intends to make;
f) be contrary to the right, honor, personal and family intimacy or the very image of people;
g) constitute unlawful, misleading or unfair advertising and, in general, constitutes unfair competition;
h) contribute, facilitate or encourage, in any way, the practice of any form of infringement of the intellectual property rights of any content made available on the internet;
i) can be considered as “spam”, that is, the publication or mass sending of messages to thousands of people at the same time, with the absence of the recipient’s authorization to use his/her email address, in order to advertise services or products of a company, or that try to induce users to supply personal data, to run programs that contain viruses and other spamming practices.
j) include external links through the dissemination of pages that contain any type of illegal, violent, controversial, pornographic, xenophobic, discriminatory information, and other offensive conduct or that go against the norms of Brazilian and international law;
Paragraph One. In any of the above cases, POSTGRAIN may, at its sole discretion, cancel the USER’s access and eliminate the respective content, at any time and without the payment of any type of indemnity, and the administrators must notify the user on the violation to the General Terms and Conditions of Use and other annexes, and on the conducts that will be carried out
Paragraph Two. If the USER violates the provision contained in item “e”, he may be held liable for any damages caused to the holders of intellectual or industrial property rights, thereby exempting POSTGRAIN from any responsibility or co-responsibility.
Paragraph Third. Any decisions regarding the violation of this General Terms and Conditions of Use and other annexes, will be taken at POSTGRAIN’s sole discretion, which may also notify the police and judicial authorities about the existence of illegal content in the users account, as well as notify any conduct that, in the opinion of POSTGRAIN, is considered inappropriate, providing copies of this content in other users’ documents, regardless of prior consent.
Paragraph Four. The USER commits to use the platform in a healthy and well-intentioned manner, therefore, POSTGRAIN reserves the right to suspend any accounts that abuse of the platform through any available means and for any purpose.
Paragraph Five. The USER hereby declares that he is the only and exclusive responsible for the content inserted by him, and POSTGRAIN does not have any responsibility or control over this.
As a result of this declaration, the USER is obliged, in case of being called to legally answer for the practice of an unlawful or illegal act as a result of the referred contents, in order to exempt POSTGRAIN from any responsibilities, as well as request the exclusion from the process, if applicable.
CHAPTER 9 – ON THE NOTIFICATION OF OCCASIONAL CHANGES TO THE USER.
ELEVENTH CLAUSE – ON THE NOTIFICATION
11. POSTGRAIN reserves to itself the right to modify, at any time, the presentation and configuration of the service, as well as the present term and general conditions of use, or any other regulations and standards that influence the service.
11.1. In case of force majeure events that do not allow POSTGRAIN to communicate changes or eventual failures in the service in advance, the USER hereby allows POSTGRAIN to suspend the provision of the service and terminate this contract, and it is now agreed that it will inform of the event and its cause for USER’s awareness.
11.2. POSTGRAIN will not refund payments made by the USER in the event of a temporary or permanent interruption of the service, and in this act, the USER expressly agrees with such policy, without any restrictions.
11.3. The USER must always keep his registration updated with POSTGRAIN, providing at least one working email address, so that he can receive messages and notifications. POSTGRAIN is not responsible for messages not received due to the user’s email settings.
CHAPTER 10 – ON THE EXTERNAL LINKS
TWELFTH CLAUSE – ON THE EXTERNAL LINKS
12. The POSTGRAIN application contains external links redirecting the USER to other internet pages that do not concern POSTGRAIN, over which the administrators do not exercise control.
12.1. The fact of having a link to a third party website is not an endorsement /clearance, authorization, or representation of our affiliation with that third party.
We do not exercise control over third party websites.
12.2. Despite the prior and regular checks carried out by the administrators, they disclaim any responsibility for the content found on these sites and services.
12.3. These other sites may place their own cookies or other files on your computer, collect data, or request personal information from you.
12.4. These other sites may have different rules regarding the use or disclosure of the personal information you send them.
We encourage you to read the privacy policies or statements of other websites you visit.
12.5. Links may be included in the pages and documents of the POSTGRAIN application, by USERS, as long as they respect the specific prohibitions highlighted in the tenth clause, item “j”, as well as the other provisions listed in this term and in its annexes.
CHAPTER 11 – ON THE COPYRIGHTS
THIRTEENTH CLAUSE – ON THE COPYRIGHTS
13. The structure of the POSTGRAIN application, as well as the texts, graphics, images, photographs, sounds, videos and other computer applications that comprise it, are the property of administrators and are protected by Brazilian and international legislation regarding intellectual property.
13.1. Any representation, reproduction, adaptation, whether partial or total exploitation of the contents, brands and services provided by the application, by any means whatsoever, without prior, express, and written authorization from the administrators, are strictly prohibited, where they may resort to the applicable civil and penal measures.
13.2. The USER is also responsible for the copyrights of third parties in relation to documents inserted in the platform, whether photos, videos, or texts, including content for the purposes of participating in promotions.
13.3. Access does not generate for the USER any intellectual property rights related to elements of the application, which remain under the exclusive property of the administrators.
13.4. The USER is prohibited from including in the application, data that can modify its content or appearance.
CHAPTER 12 – ON THE USER’S SETTINGS
FOURTEENTH CLAUSE – ON THE SETTINGS
14. Despite not having direct access to the database of the POSTGRAIN program, all the files and content inserted for this contract belong to the USER, such files and content may be accessed through the settings panel.
CHAPTER 13 – ON THE RIGHTS OF THE USER.
FIFTEENTH CLAUSE – ON THE RIGHTS
15. Upon contracting the services described by POSTGRAIN, the USER has the following rights:
a) Use all services made available by the platform which are the object of this contract.
b) Host the related files, send files and use the database.
Paragraph One. The rights aforementioned must be exercised taking into account the limitations imposed by the contracted service, set forth in this General Terms and Conditions of Use and other attachments.
Paragraph Two. In addition to the provisions above, the USER is guaranteed to all rights provided in Brazilian law and international treaties.
CHAPTER 14 – ON THE CHANGES TO THE SERVICE AND TO THIS TERM AND OTHER ANNEXES
SIXTEENTH CLAUSE – ON THE CHANGES
16. The user is aware and agrees that the service may change from time to time without notice.
16.1. Such changes include, without limitation, changes in fee and payment terms, security updates, features added or removed, and other improvements or restrictions.
16.2. Administrators reserve the right to modify, at any time, this term and its annexes, especially to adapt them to the evolution of the POSTGRAIN application, either by the provision of new rules, or by the suppression or modification of those that already exist, which no longer fit the application’s goals.
16.3. The platform cannot be held responsible at the request of the USER or a third party in the event of any modification, price change, suspension or discontinuation of the service.
16.4. POSTGRAIN can change its rates and payment terms for the service, at any time, publishing them in the application, respecting, however, the validity of the plans already contracted, without additional charge.
16.5. The USER declares, in this act, to be aware that in cases resulting from force majeure, emergency maintenance or unexpected service drops, it will not be possible to notify you in advance. POSTGRAIN does not offer any type of guarantee or refund due to instability resulting from facts described in this clause and its items.
CHAPTER 15 – ON THE SERVICE OFFER, CHARGING AND BILLING, THE RENEWAL AND CANCELLATION, AND ON THE REFUND POLICY
SEVENTEENTH CLAUSE – ON THE SERVICE OFFER
17. POSTGRAIN provides customers with an online catalog showing exactly the services and plans to be sold.
17.1. The services are described and presented with the highest degree of precision possible, containing correct, clear, precise and overt information about their characteristics.
17.2. The prices of the plans referring to the sale of the service provided by POSTGRAIN are specified in the online catalog, as well as the option of using the free service for a period of 7 (seven) days, as already provided in the third clause of this contract.
17.3. Before finalizing the purchase on a specific plan and service, the USER must inquire about its specifications.In the case of a product or service acquired within the scope of offers, the USER must also observe the conditions for their application.
17.4. Regarding the free option to try the service for up to 7 days, after using the mentioned period, access to the available resources are immediately suspended, if the user does not remove the profiles within the same period, the removal will be done by the application itself.
EIGHTEENTH CLAUSE – ON THE CHARGING AND PAYMENT
18. The service is provided to the USER upon payment of the amounts previously stipulated according to the type of service offered in the chosen and contracted plan.
18.1. The seller reserves the right to modify the prices of the plans and services provided, at any time, by publishing them in the POSTGRAIN application.
18.3. The continued use of the service after the change in the price of the plans and the due awareness of the USER through publication in the application, characterizes the tacit acceptance of this change.
18.4. Payment for the service will be made through third-party companies with high reputation, according to the determinations made by them at the time of contracting the service.
18.5. For USERS who pay for the plan contracted by credit card, the only flags that are accepted by POSTGRAIN are “Visa” and “Mastercard”.
18.6.POSTGRAIN does not have access to any credit card data used by the USER to pay for the service.
18.7. The payment for the service is available in two forms, a prepaid model and a recurring subscription model, as described in the online catalog of plans.
18.8. As described in item 18.7. above, the prepaid payment model is EXCLUSIVE for former USERS of the POSTGRAIN platform, that is, only for users with accounts registered between November 2013 to January 2020 and who have purchased the referred model.
18.9. The provisions belonging to the online catalog of plans, according to the link in item 18.7., Must be met by USERS at the time of contracting the service, as well as by users who already have the service provided by POSTGRAIN.
18.10. The USER agrees in advance to keep up with the payments agreed with POSTGRAIN, being aware that the delay in payment may result in the immediate interruption of services.
18.11. POSTGRAIN will not refund payments made by the USER in the event of a temporary or permanent interruption of the service, and in this act, the USER expressly agrees with such policy, without any restrictions.
CLAUSE NINETEEN – RENEWAL, CANCELLATION AND REFUND POLICY
19. In the subscription model, the service renewal is performed automatically, if the USER does not express the need for cancellation after 30 days of use and payment for the service.
19.1. In the prepaid model, lasting 30, 90, 180 and 360 days, the service is renewed after the end of the term of the respective contracted plan and with the insertion of a new credit.
19.2. The USER may, at any time and without justification, request the cancellation of his subscription with the POSTGRAIN application, through the option “cancel subscription” in the setting panel. The cancellation will be carried out as soon as possible, as long as open debts are not verified.
19.3. The USER hereby declares to be aware that when canceling the subscription, the service may be immediately interrupted and that there will be no refund of payment for unused days.
19.4. If there is the need for a refund to the USER, it must be done as provided in the annex Refund Policy.
19.5. Finally, if the USER wishes to delete his registration in the POSTGRAIN application, thus choosing not to continue with his account on the platform, it is necessary to remove the profiles, log out and no longer access the account.
Sole Paragraph. After performing the process indicated in item 19.5 of this clause, within 48 (forty-eight) hours the account will be inactive. However, if the USER logs in again within that period, the process of deleting the registration will be interrupted.
CHAPTER 16 – ON THE EXCLUSION OF THE WARRANTS AND ACCOUNTABILITY
TWENTIETH CLAUSE – ON THE EXCLUSION OF WARRANTS AND ACCOUNTABILITY
20. POSTGRAIN disclaims any liability for damages and losses of any nature arising due to unavailability or lack of continuity of service.
20.2. POSTGRAIN does not guarantee the privacy and security in the use of the Service by the USER, and therefore cannot guarantee that unauthorized third parties will not access and, occasionally, intercept, eliminate, alter, modify or manipulate in any way the posted content made available on the service; or to intercept, eliminate, alter, modify or manipulate in any way the files and messages of any class that the USER transmits, stores or makes available to third parties through the service.
20.3. POSTGRAIN disclaims all liability for damages of any nature resulting from access, interception, deletion, alteration, modification or manipulation of files and messages stored, transmitted or made available by third parties not authorized to use the service.
CHAPTER 17 – ON THE SERVICE AND TECHNICAL SUPPORT
TWENTY-FIRST CLAUSE – ON THE SERVICE AND TECHNICAL SUPPORT
21. POSTGRAIN will provide technical support to its users, subject to the following conditions and limitations:
a) POSTGRAIN will answer questions and provide simple information to users through the website http://postgrain.com/, through placing support calls.
CHAPTER 18 – ON THE ARCHIVES AND DATA AVAILABILITY
TWENTY-SECOND CLAUSE – ON THE FILES AND DATA
22. The files and data entered on the POSTGRAIN website will be available to the USER for the term defined in the contracted plan or until the end of the service’s existence, if it is unlimited.
22.1. The data regarding the managed content will be stored within the site and the POSTGRAIN’s servers or contracted ones.
CHAPTER 19 – ON THE SANCTIONS
TWENTY-THIRD CLAUSE – ON THE SANCTIONS
23. Without prejudice to other applicable legal measures, the administrators of the POSTGRAIN application may, at any time, warn, suspend or cancel the USER’s account that:
a) fails to comply with any of the provisions contained in this instrument and its annexes, in particular the prohibited conduct described specifically in the tenth clause must be observed;
b) fails to comply with his USER duties;
c) commits fraudulent or intentional acts;
d) the behavior of which constitutes or may imply an offense or damage to a third party or to the application itself;
CHAPTER 20 – ON THE GENERAL PROVISIONS
TWENTY-FOURTH CLAUSE – ON THE EFFECTIVENESS
24. This agreement and other related annexes come into effect on the date of the last update provided at the beginning of this term and will be in effect for an indefinite period of time.
TWENTY-FIFTH CLAUSE – ON THE PREVALENCE OF THIS INSTRUMENT
25. The terms and provisions of this instrument will prevail over any other contracts and other binding attachments previously made between the USERS and POSTGRAIN, expressed or implied, regarding the conditions established therein.
TWENTY-SIXTH CLAUSE – ON THE NULLITIES
26. If any conditions of this contract are considered null or ineffective, in whole or in part, the other conditions must remain valid and will be interpreted in a way to preserve the validity of its remainder.
CHAPTER 21 – ON THE JURISDICTION
TWENTY-SEVENTH CLAUSE – ON THE ELECTED JURISDICTION
27. To settle any disputes, controversies or claims arising from this term and general conditions of use and its annexes, the USER and POSTGRAIN agree with the election of the jurisdiction of the District of Recife, capital of Pernambuco state, in the country of Brazil, renouncing any other, however privileged it may be.
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The POSTGRAIN team wishes you a great experience!