POSTGRAIN SERVICE AGREEMENT AND TERMS OF SERVICE AND USE
IF THE USER DOES NOT AGREE WITH THESE TERMS, HE OR SHE SHALL NOT BE ABLE TO USE THE SERVICES PROVIDED BY THE POSTGRAIN PLATFORM FOR PROFILE MANAGEMENT AND SCHEDULING ON INSTAGRAM.
BY AGREEING TO THE TERMS OF THESE GENERAL CONDITIONS, THE USER DECLARES THAT HE OR SHE HAS READ THIS AGREEMENT IN ITS ENTIRETY, MAKING RIGHT AND PERFECT THE ACT OF HIRING.
1. GENERAL CONDITIONS OF USE
These general conditions (hereinafter referred to as the “General Conditions”) regulate the usage of the platform for approval and content management provided by POSTGRAIN, registered under the domain name https://postgrain.com.
This agreement governs the use of the services of the POSTGRAIN platform for the management of content on Instagram. The tool provides users with access to an administrative panel that allows them to send or schedule publications.
The data relating to the content shall be stored within POSTGRAIN on internally-owned or contracted servers.
The User is solely and exclusively responsible for maintaining the confidentiality of his/her Access Passwords, and commits to use them with diligence, as well as to notify the administrators of the platform immediately in case of the loss, theft or any unauthorized use thereof.
3. THE SERVICE
The data related to the content being managed shall be stored within the site of the providers or contractors of POSTGRAIN.
4. CONDITIONS OF THE ACCESS AND USE OF THE SERVICE
The User acknowledges that, for the use of the service, it is essential to correctly complete and abide by the rules governing the registration form (signature) used by POSTGRAIN, and is required to complete it with his/her authentic information, and exempts POSTGRAIN from any responsibility for damages generated by any false or inaccurate data that he/she may provide in said Registration.
The User commits to use the service in accordance with these General Conditions, and all other rules and regulations set by POSTGRAIN applicable to the service, as well as in accordance with the local laws and the laws of Brazil, good moral practices, customs, and the public order, using the service properly and abstaining from practicing illicit acts prohibited by law and by these General Conditions, that may be damaging to the rights and interests of third parties, or that could in any way damage, disable, overload or deteriorate the service, the servers, or the computer equipment of other Users or other Internet users (“hardware” and “software”) through the practice of “hacking”.
Is the responsibility of the User to maintain local copies of his/her files, given that the service provided by POSTGRAIN does not provide for the backup of the materials available on its site, and without the possibility that POSTGRAIN may be held responsible for any damages the user may suffer as a result of the loss of the materials it has uploaded or stored on the POSTGRAIN sites.
The service may not be used to store, distribute, transmit, disseminate, or make available to third parties, any type of content that, in itself, or whose transmission:
- Violates, disparages, or undermines the fundamental rights and public and individual liberties recognized by the Brazilian legal system or by international treaties; induces, incites or promotes criminal, slanderous, defamatory or violent acts, or acts contrary to the law, good morals and customs, or the public order;
- Induces, incites or promotes actions, attitudes or ideas that are discriminatory in terms of gender, race, religion, beliefs, age, or social condition;
- Incorporates, makes available, or allows for the access to products, elements, or messages that are by their nature illicit, violent, pornographic, degrading, or in general, contrary to the law, good morals and customs, or the public order;
- Is protected by any intellectual or industrial property rights belonging to third parties, without the user having previously obtained the authorization from their rights holders to carry out the use that he/she has performed or intends to perform;
- In this case, the User shall be liable for any damages, exempting POSTGRAIN from any responsibility or co-responsibility;
- Is contrary to the law, honor, personal and family privacy, or the unique image of persons;
- Constitutes illicit, deceptive or unfair advertising and, in general, constitutes unfair competition;
- Contributes to, facilitates or encourages, in any form whatsoever, the practice of the infringement of any kind of intellectual property rights of any content made available on the internet.
§ 1º In any of the cases given above, POSTGRAIN may, at its sole discretion, cancel the registration of the User and remove their content at any time, and without providing any prior notice or compensation.
§ 2º Any decision regarding the application, or the lack thereof, of the present general conditions, will be taken solely under the discretion of POSTGRAIN, which may also notify the police and judicial authorities of the existence of the content of the Users that contains any material that POSTGRAIN deems to be illegal, also providing copies of that content and other documents of the users, regardless of any prior consent.
The user commits to use the platform in an appropriate and well-intentioned manner; therefore, POSTGRAIN reserves the right to suspend any accounts that may use the platform in an abusive manner, through any means available, for any purposes.
The User declares that he/she is solely and exclusively responsible for the content he/she uploads, with POSTGRAIN being exempt from any responsibility or control over said content. As a result of this declaration, as of this moment, the user commits, if subjected to legal proceedings taken in response to an illicit or illegal act in connection with such content, to exempt POSTGRAIN from any liability, as well as to require it to be excluded from said proceedings, if applicable.
POSTGRAIN reserves the right to modify the presentation and configuration of the Service at any time, as well as these General Conditions, or any other rules and regulations affecting the Service.
In the case that events of force majeure occur that do not allow POSTGRAIN to provide advance notice of any changes or interruptions of the service, the USER hereby permits POSTGRAIN to suspend provision of the service and terminate this agreement, it being agreed as of that time that this party shall provide information with regard to the occurrences and their causes for the knowledge of the USER. POSTGRAIN shall not refund payments made by the USER in the event of a temporary or permanent interruption of the service, and the USER hereby expressly and unconditionally agrees to such policy.
The User should always keep his or her registration updated with POSTGRAIN, providing, at a minimum, a functioning email address to receive announcements and notifications. We are not responsible for any communications not received due to the e-mail settings of the user.
5. USE AND SAFEKEEPING
Upon having activated the service, the user shall give notice of a “login” and an password to gain access to the Administrative Panel. He/she should change this password periodically, safely storing the newly-chosen password under his/her care.
The user commits to to use of the access codes with diligence, as well as to maintain their security, in compliance with all other notices, regulations and instructions provided by POSTGRAIN.
The User commits to immediately give notice to POSTGRAIN in the case of of the loss or theft of the Access Password, as well as any risk of access thereto by a third party.
POSTGRAIN is not responsible for access passwords that are misdirected, lost, or modified by the User, or for passwords whose composition is considered too “weak”, and thus susceptible to being successfully guessed or forced open in any way.
Though the USER is not granted direct access to the database of the POSTGRAIN program, he/she retains the ownership of the contents (files and contents entered by reason of this contract), with access to said content provided through the Administrative Panel.
However, the user is responsible for the intellectual property rights of third parties on the documents that have been uploaded, whether in the form of photos, videos or texts, for the purposes of participation in the promotion.
7. RIGHTS OF THE USER
Upon contracting the services described by POSTGRAIN, the User is granted the rights to:
- Use all services provided by the platform that is the subject of this agreement.
- Host the files that relate to him/her, send files, and use databases, in accordance with the limitations imposed by the contracted service;
8. CHANGES TO THE SERVICE
The user is aware, and agrees, that the Service may occasionally change without notice.
Changes may include, and are not limited to, changes in the rates and conditions of payment, security patches, the addition or removal of features, and other improvements or restrictions.
The platform shall not be held responsible by the user or any third party for any modification, change in price, suspension, or discontinuation of the service.
POSTGRAIN may change its fees and payment policies for the service, without notice, while still respecting the duration of the plans already committed to without any additional charge.
The User hereby declares he/she is aware that in cases arising from force majeure, emergency, or unexpected maintenance service, it will not be possible for him/her to receive advance notice. POSTGRAIN does not offer any form of guarantee or refund for any instability that arises from the events described in this subsection.
9. BILLING AND PAYMENT POLICIES
The service is provided to the User upon payment of the monetary amounts previously stipulated according to the type of service offered.
The user agrees in advance to remain current with the payments agreed with POSTGRAIN, and is aware that a delay in the payment of one day may lead to the suspension of the services.
The user hereby declares to be aware that, upon cancellation of the subscription, the service shall be immediately terminated and that there will be no reimbursement of the payment for any remaining days not used.
10. EXCLUSION OF GUARANTEES AND LIABILITY
POSTGRAIN shall be exempt from all liability for damages and losses of any nature that may arise from the lack of availability or disruption of the service.
Privacy and security in the use of the Service – The personal information of the User will be stored with total confidentiality, and will only be processed by employees of POSTGRAIN. However, POSTGRAIN does not guarantee the privacy and security of the User in the use of the Service, and therefore cannot guarantee that unauthorized third parties will be unable to access and possibly intercept, delete, change, modify or manipulate in the content made available on the service, or intercept, eliminate, change, modify or manipulate in any way the Files and communications of any kind that the User, transmits, store, or makes available to of third parties by means of the Service.
POSTGRAIN shall be exempt from all liability for damages of any kind arising from the access, interception, deletion, alteration, modification or manipulation of files and communications stored, transmitted, or made available by third parties not authorized to use the Service.
11. SERVICE AND TECHNICAL SUPPORT
POSTGRAIN shall provide technical support to its users, in compliance with the following conditions and limitations:
POSTGRAIN shall clarify any concerns and provide simple information to users through the website http://postgrain.com/ through the opening of support calls.
The files and data uploaded to the POSTGRAIN website shall remain available to the user by the deadline set in the plan that has been contracted or, in the case of unlimited plans, until the service ceases to exist.