This Platform and all its content ("Platform") is operated by and owned by COMBATEAFRAUDE TECHNOLOGY OF INFORMATION S.A., a company registered under CNPJ/ME number 34.102.645/0001-57, with its headquarters at Rua Tiradentes, nº 1077 - 5th floor - Centro, Venâncio Aires - RS, BRAZIL ("CAF").
0. INITIAL DEFINITIONS
For the purposes of interpreting the present GENERAL TERMS AND CONDITIONS FOR THE USE OF CAF'S PLATFORMS AND SERVICES, the meanings of the following expressions are defined:
— Admin User: The Admin User is the representative designated by the Company to manage user settings and permissions on the platform. They have privileged access to create, edit, and delete Authorized User accounts, as well as to define their access permissions to the platform's features. The Admin User is responsible for ensuring the security and proper use of the platform by the Company and its users.
— Authorized Users: Authorized Users are natural or legal persons with permission from the Company to access and use the platform. They can be employees, business partners, or other individuals designated by the Company to perform specific tasks on the platform. Authorized Users have restricted access, and their permissions are defined and controlled by the Admin User.
— Company: Company refers to the legal entity that uses the platform to access the services offered by CAF. It can be a business, organization, or entity seeking fraud prevention solutions and other functionalities available on the CAF platform. The Company is responsible for providing accurate and updated information, ensuring the appropriate use of the platform by its authorized users, and complying with the obligations established in the general terms and conditions of use.
— Platform: Platform is an online environment provided by CAF to offer its services and products related to fraud prevention. It consists of a set of technological resources, software, and infrastructure that allow the Company and its Authorized Users to access, use, and manage information related to the detection and prevention of fraudulent activities. The platform facilitates communication, data processing, information analysis, and decision-making aimed at efficiently and effectively combating fraud.
— Commercial Proposal: The Commercial Proposal is a document that describes the services offered by CAF to the Company. It contains detailed information about plans, prices, deadlines, payment methods, and other commercial terms related to the use of the platform and services provided by CAF. The Commercial Proposal is an agreement between CAF and the Company, defining the responsibilities, obligations, and mutual rights in the context of service provision and platform usage.
— Blocking: Blocking refers to an action taken to restrict or prevent access to, use of, or operation of a certain feature, account, or service. On the CAF platform, blocking can be applied to a Company, user, or specific functionality as a security measure, fraud prevention, or in accordance with established policies. Blocking can be temporary or permanent, depending on the severity of the situation or CAF policies.
— Usage License: The usage license refers to the rights and permissions granted by CAF for the Company and its Authorized Users to access and use the platform and its services. This license is a legal contract that outlines the terms and conditions of use, including restrictions, obligations, and mutual rights. The usage license can be granted through a formal agreement, such as terms of service or a specific contract, and establishes the legal grounds for using the platform within the limits set by CAF.
— CAF Content: CAF content refers to all materials, information, resources, documents, texts, images, videos, software, or other elements made available by CAF on the platform. This includes informative content, manuals, tutorials, guides, technical documentation, usage policies, and other materials related to services offered by CAF. The CAF content is protected by copyright and other intellectual property laws, and its use is subject to terms and conditions established by CAF.
— Support Services: Support services are the resources and assistance provided by CAF to assist the Company and its Admin and Authorized Users in using the platform and in resolving technical issues, questions, or difficulties encountered. This can include technical support through communication channels like chat, email, or phone, software updates, bug resolution, training, or support materials. Support services aim to ensure a satisfying experience in using the platform and help users derive maximum value from the services offered by CAF.
— Responsibilities: Responsibilities refer to the duties and obligations of the parties involved in using the platform and CAF's services. Responsibilities can vary depending on the role, such as the Company, Authorized Users, or CAF. This might include responsibilities related to data security, proper use of the platform, compliance with applicable laws and regulations, intellectual property protection, fee payment, and dispute resolution. Responsibilities are established in the general terms and conditions of use or specific agreements between the parties.
— Documentoscopy: Documentoscopy is a specialized practice referring to the detailed analysis of documents aiming to verify their authenticity, identify potential forgeries, and detect documentary frauds. On the CAF platform (specific hiring), documentoscopy is applied as a verification procedure to ensure the integrity of documents provided by users. This technique involves the application of scientific knowledge and specific methods to examine security elements present in documents, such as watermarks, holographic seals, special inks, among others. Documentoscopy contributes to the security and reliability of processes on the platform, seeking the authenticity and validity of the documents used.
1. WHAT DOES THE PLATFORM OFFER?
1.1. Features. The Platform operates through internet access and offers a range of resources and features depending on the plan contracted by the Company (“Services”). The list and description of the Services can be found on the website https://www.caf.io/
1.2. The Company may contract all or part of CAF's Services. The Services contracted by the Company will be detailed in the Commercial Proposal or in the service provision contract, entered into between CAF and the account-holding company on the Platform, as well as the plan, term, and payment methods, where applicable. Potential additional Services can be added directly to the Platform, as provided in the agreed contractual instrument.
2. REGISTRATION AND LOGI
2.1. Administrator User. To register the Administrator User, the Company must voluntarily provide information about itself and its designated collaborator, by filling in the data in the fields requested by CAF. The Administrator User does not necessarily have to be the legal representative of the Company but must be an individual or legal entity that maintains a statutory, employment, or contractual link with the Company.
2.2. The Administrator User can:
- create an unlimited number of logins and different passwords for any Company collaborators (“Authorized User(s)”), depending on the Service package contracted and defined in the Commercial Proposal;
- set access limits to the Platform's features for each Authorized User login created.
2.3 Authorized Users: These are individuals or legal entities (employees, partners, collaborators, partners) that the CLIENT allows access to the services provided by CAF, subject to this Agreement.
2.4. The Authorized User commits to providing accurate, valid, and truthful data and to keeping it always up to date. It's prohibited to intentionally impersonate another person. Upon registration, the user will own a personal and non-transferable account, using the created login and password. The access logins and passwords, both for the Administrator User and other Users, are personal and non-transferable and should be accessed individually and only by the corresponding user
2.5. Each Authorized User will be responsible for all activity associated with the account, using their login and password. The Administrator User will also be responsible for the accounts of their Authorized Users.
2.6. If the User forgets their password and needs to recover it, they can request the creation of a new password via the Platform, through the "Forgot my password" feature. If the request is made via the Platform, the User should indicate their registered email to be sent an email so the User can register the new password.
2.7. The data provided during registration allows CAF to communicate with the Authorized User and authenticate the use of products and services. CAF will not be held responsible for any event arising from the inability of the Authorized User to receive notifications sent by CAF to an outdated address.
2.8. The Administrator User commits to immediately inform CAF about the possibility of their login and password or that of any other Company collaborator being misused.
3. SUSPENSION AND TERMINATION OF PLATFORM ACCESS.
3.1. Suspension. CAF may suspend the Company's access to the Platform if it determines that the registration information of any Authorized User, including the Administrator User, is in any way incomplete, inaccurate, false, or outdated, at CAF's sole discretion. CAF is not responsible and has no obligation to compensate the Company or the Authorized User for suspending their access to the Platform.
4. WHAT ENTITLEMENTS DOES CAF HOLD REGARDING THE PLATFORM?
4.2. CAF Content. All intellectual property rights related to the Platform, as well as all its functionalities, belong exclusively to and/or are licensed to CAF, including its texts, images, trademarks, layouts, software, codes, databases, graphics, articles, photographs, videos, audiovisual works, and other content directly or indirectly produced by CAF ("CAF Content").
4.2.1. The CAF Content is protected by intellectual property legislation, including copyright, industrial property rights, among other rights. It is forbidden to use, copy, reproduce, modify, translate, publish, transmit, distribute, perform, upload, display, license, sell, exploit, scrape, and/or reverse engineer the CAF Content for any purpose without CAF's prior and express consent. Any unauthorized use of the CAF Content will be considered a violation of CAF's intellectual property rights and will entail an obligation for the Company to compensate CAF for the improper use, as per applicable law.
4.2.2. CAF reserves the right, at its sole discretion and at any time, to change or remove, wholly or partially, the CAF Content from the Platform, including features, without any prior notice to the Company and without any compensation due.
4.3. Enhancements. Any development, arrangement, improvement, update, or new version carried out by CAF on the Platform, its features, and/or the CAF Content, even if suggested or requested by the Company or any Authorized User, including the Administrator Authorized User, will be considered the property of CAF. CAF may freely use, adapt, improve, transform, reproduce, distribute, market, register, assign, and license them, at its sole discretion.
4.4. Feedback. The Company and the Authorized User acknowledge that CAF is free to use, apply, modify, publish, reproduce, and market any comments, information, ideas, concepts, opinions, techniques, and/or any other materials contained in any communication that any Authorized User sends to CAF, whether through the Platform or other communication channels, including, without limitation, any suggestion, improvement request, recommendations offered to CAF, whether or not related to the CAF Content and/or the Platform ("Feedback"). The Company and the Authorized User hereby assign to CAF all intellectual property rights related to the Feedbacks, free of charge, irrevocable, and perpetually worldwide, without any remuneration, recognition, payment, or compensation due to the Company or the Authorized User. The Company and the Authorized User declare and guarantee that, prior to this assignment, they were the legitimate holders of all intellectual property rights over the Feedbacks and that the provision of Feedbacks to CAF, including this assignment, does not violate any third-party rights.
5. QUAIS SÃO AS PRÁTICAS CONSIDERADAS PROIBIDAS?
6.1. Availability. CAF will make its best efforts to ensure the Platform's availability during the contracting period ("Contracting Period"), as defined in the Service Provision Contract or similar, with updates being carried out in a scheduled manner, with prior notice and not during business hours.
6.1.1. Without prejudice to the other provisions of this Term, in calculating the percentage availability of the Contracting Period, unavailability occurring during: (a) Scheduled Maintenance between 23:59 (twenty-three hours and fifty-nine minutes) on Saturday until 23:59 (twenty-three hours and fifty-nine minutes) on Sunday; and (b) Unscheduled Maintenance outside of business hours, provided they are notified by email to the Authorized User at least 2 (two) days in advance, will not be included.
6.2. Platform Unavailability. Given the inherent characteristics of the internet environment, CAF is not responsible for access or navigation failures on the platform due to circumstances beyond its will and control, such as interruptions or suspensions of connection to the database we consult on private and/or government databases (e.g., SPC, federal revenue, etc.), incomplete or failed computer transmissions, as well as any technical failure of any kind, including, but not limited to, electronic malfunction of any network, user or third-party hardware or software, internet failures in general, power outages, electronic and/or physical malfunction of any telecommunications network. CAF disclaims any liability arising from such facts and/or acts.
6.3. Supplementary Services. The provision of supplementary "Documentoscopy" (manual) services, if contracted by the Admin or Authorized User, by an internal team for cases where the technological solution is not sufficient, will observe business hours (i.e. [07h-22h]), with a maximum response time per query of up to 30 (thirty) minutes, EXCEPT when there are serious indications of fraud, which will observe a reasonable time for its proper analysis
6.4. Extraordinary Events. It is the obligation of the Admin or Authorized User to expressly inform CAF, at least 20 (twenty) days in advance, of the possibility of any extraordinary event in their operations that implies an increase of at least 20% (twenty percent) in the average monthly volume of queries on the Platform, this volume being calculated based on the average of the last 03 (three) months from the date of occurrence of the extraordinary event, under penalty of non-application of the above-referenced Platform Availability.
7. SUPPORT SERVICES.
7.1. Support Services. CAF offers online support services with the aim of explaining and clarifying doubts related to the use of the Platform ("Support Services"). These can be requested by sending an email to: [email protected] or through the online chat (Slack) within the Platform.
7.2. Exceptions to Support Services. The following are not included as support and will be charged based on a prior quote: (i) corrections of errors resulting from operation and misuse of the Platform; (ii) services requiring personal visits; (iii) layout revisions; (iv) retraining for the use of the Platform; and (v) specific conditions of the IT environment and access to the Platform.
8. WHAT ARE THE RESPONSIBILITIES OF THE COMPANY AND CAF?
8.2. Third-party Services. CAF uses third-party services to maintain the operation of the Platform (e.g., hosting service). Therefore, there might occasionally be failures in such services. CAF will not be responsible for any losses, damages (direct or indirect), and lost profits resulting from a failure of these third-party services. However, as far as possible, CAF will keep the Admin User and/or Authorized User informed about timelines and measures taken to address such instability
8.3. The Company expressly acknowledges that CAF will not be liable if the unavailability or impairment of the good use of the Service is caused by factors not attributable to CAF. This includes, but is not limited to, failures in the infrastructure of external servers, telecommunications, and power, equipment essential for accessing the Service by the Company, wars, uprisings, natural disasters, fortuitous events, and force majeure, among others. Strikes and pandemic periods are not considered under this clause.
8.4. LIABILITY EXEMPTION. THE COMPANY HEREBY EXEMPTS CAF, ITS AFFILIATES, PARTNERS, EMPLOYEES, OR COLLABORATORS FROM ANY AND ALL LIABILITY FOR LOSSES AND DAMAGES, DIRECT AND INDIRECT, CAUSED TO THE COMPANY ITSELF, ITS AUTHORIZED USERS, OR THIRD PARTIES DUE TO DECISIONS MADE BASED ON INFORMATION OBTAINED THROUGH THE SERVICES OR RELATED TO THE ACCESS OR USE THAT THE ADMIN USER AND/OR AUTHORIZED USER MAKES OF THE PLATFORM OR THEIR INABILITY TO ACCESS OR USE THE PLATFORM.
8.5. Upon accessing the Platform and using the Services, CAF is exempt from any liability arising from inaccuracies or inaccessibility of the generated data. Thus, the Company acknowledges that CAF does not operate as an insurer of the results of its services. The Company expressly recognizes that CAF, under no circumstances, will be liable for losses and damages, lost profits, and/or consequential damages resulting from the misuse of the Software or the Platform.
8.6. The Company acknowledges and agrees that the Service may enable or lead it to access content, products, and/or services operated and/or provided by third parties (such as queries made in the Federal Revenue Service, Serasa, Denatran, and other related databases) according to its contract. Even if such products or services have their functionalities integrated into the Service, in such cases, this access will be at the sole risk and responsibility of the Company. CAF cannot, in any way, be held responsible for any facts related to transactions that occur under these circumstances.
8.7. The Company declares and agrees that CAF does not guarantee any economic return, savings, or commercial result related to the use of the functionalities offered by the Platform, exempting itself from all liability in the event of damages and losses of any nature caused in this sense to the Company, Authorized User, or third parties.
8.9. Besides the availability provided for in this Term or in the Service Provision Contract, CAF does not guarantee that the system will be available (uptime) all the time and that it is error-free, or that it will meet all requirements and needs of the Authorized User.
8.10 CAF does not assume responsibility for damages and losses, direct and/or indirect, of any nature, that may be borne by CAF clients due to acts of third parties. Furthermore, CAF is exempt from any responsibility arising from the use of information obtained due to the Services.
8.11. CAF cannot be held civilly, criminally, or administratively liable for any breach of these Terms by the Company, which is hereby committed to using the Service appropriately.
9.5. Contact. If the Company has any questions or wishes to make a comment, suggestion, complaint, or compliment to CAF, it can contact CAF at the email address [email protected].