Terms of use

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TERMS OF USE AND SERVICES ELOS

Hello! It's great to have your attention! Before you create your Elos account, take time to read our Terms of Use and the rules that govern our relationship with you.

Below we clarify some points that we consider important. If you have any questions regarding any of the points discussed or not in this document, please do not hesitate to contact us at contact@mconf.com or through social networks.

1. DEFINITIONS

In the present instrument, we use the following definitions:

a. Mconf: MCONF TECNOLOGIA LTDA EPP, a limited company (LC), registered with the CNPJ no. 17,466,795 / 0001-20, headquartered in the city of Porto Alegre, State of Rio Grande do Sul, at Avenida Ipiranga, 321/301, CEP 90160-092, provider of the services offered by PLATFORM.

b. ELOS: video-collaboration portal that allows access and management of web conferencing rooms, developed and offered by Mconf and owned, operated and held by Mconf.

c. PLATFORM: synonym for ELOS.

d. USERS: individual or legal entity registered in the PLATFORM, and that makes use of the services made available by Mconf.

e. FREE USER: USER using the Free plan in ELOS.

f. SUBSCRIBER: USER that is a subscriber of a plan in ELOS.

g. CONTENT: every digital file, of any format, supported by PLATFORM, and made available there, as well as all images and texts produced by USERS during the use of PLATFORM.

2. ADHERING

This instrument regulates the conditions of use of the services of the PLATFORM being a contract between USERS and Mconf. The use of our services expressly indicates that you agree to all the terms and conditions contained herein and the legal provisions applicable to you.

YOU UNDERSTAND AND AGREE THAT Mconf WILL CONSIDER THE USE OF THE PLATFORM SERVICES AS ACCEPTANCE OF THESE TERMS AND ALL OTHER LEGAL PROVISIONS OF A KIND.

If YOU DO NOT AGREE to the terms of use set forth herein, DO NOT click on “Create an Account” or connect to your Social Network Account, or access, view, download or otherwise use any page, content, information or service of the PLATFORM.

3. WHO WE ARE AND WHAT WE DO

Mconf is a privately owned company that offers Elos, a system that enables USERS to hold online conferences in real time as well as make digital archives available and access the content of the conferences held for as long as they remains available on the PLATFORM.

4. GENERAL CONDITIONS OF USE

Only the USER has access to their own account information, and the PLATFORM is designed to maintain the confidentiality of the information.

These Terms of Use grant USERS a personal, worldwide, revocable, non-exclusive, non-transferable license to use the PLATFORM, and USERS may not use or permit the use of the PLATFORM for any purpose not expressly provided herein. Therefore, USERS will not be permitted, without limitation, to copy, modify, distribute, sell or rent the services provided by Mconf and made available by the PLATFORM. However, the SUBSCRIBER may unrestrictedly integrate the PLATFORM into a third party system (e.g. Moodle) via an integration key, and the SUBSCRIBER is responsible for using the PLATFORM through the integration key.

In order to use the service USERS will create an account on the PLATFORM, in which USERS will provide Mconf with their full name, e-mail address and password that will be used for access. Alternatively, USERS will be able to create an account using social login (for example, with their Google or Facebook account), in this case without having to enter a password.

Mconf is not responsible for any actions or omissions of USERS based on information, advertisements, videos, audios, texts, photos or other materials conveyed by Mconf. Additionally, Mconf will use its best efforts to keep the PLATFORM always up to date, complete and accurate, but will not be liable for errors, fraud, inaccuracies or divergences in data, videos, audios, texts, photos or other materials related to advertisements or to the inaccuracy of the information contained and presented in the PLATFORM.

USERS are responsible for the management, truthfulness and legality of the information they provide and share on the PLATFORM at any time and agree to update their information to keep them truthful and up-to-date, and should use this information only in the way defined by this instrument.

USERS shall not use the services available on the PLATFORM for any illegal, defamatory, discriminatory, abusive, offensive, pornographic, obscene, aggressive, injurious, vexing, deceptive, slanderous, violent, vulgar, or harassment, threat or use of false identity, in other words, any misuse that may harm Mconf, other USERS or third parties.

Mconf reserves the right to exclude, without compensation and without prior notice, any account of any USER that may violate the provisions herein or the applicable legal provisions.

By using the PLATFORM, the USER may share various CONTENTS, including but not limited to files, email addresses, conference recordings and other things. This data is from USER and not from Mconf. Mconf does not have and will never have any ownership over them. However, Mconf will need to host some of this data, back it up, process it and edit it in order to generate reports and graphs, perform analysis, give alerts, suggest actions and a host of other things that are directly linked to the services provided by Mconf.

So, we will save, access and process some of this data. Using the PLATFORM, the USER grants Mconf permission to do so directly and also through third parties we trust. In addition, the USER authorizes Mconf to use its data to conduct statistical and other studies that may be published in aggregate on different public media. Individual USER data can never be identified by the general public.

5. USERS OBLIGATIONS

Mconf is not responsible for what the USER does through the PLATFORM. In fact, the USER is solely responsible for this. Therefore the USER should only enter and share data if he has all the rights associated with it, especially the intellectuals. The USER's responsibility also includes the protection of his own access credentials to the PLATFORM. If anyone has access to these credentials, it is the USER who will take responsibility for what is done by that person through the PLATFORM.

USERS are solely responsible for the security of their password and the use of their account, so we recommend that you do not share such information with third parties, and if this information is for any reason misplaced or hacked, USERS should immediately inform Mconf so that the issue can be resolved.

The USER declares to be the holder of all rights pertaining to the CONTENT that makes available on the Platform, assuming all responsibility for any damage caused to third parties.

It is very important that the USER knows the operation of the PLATFORM to extract the maximum value it can offer. To this end, we provide video tutorials and training materials online through the HELP or FAQ link on the PLATFORM's website.

To achieve satisfactory quality in the services used, it is the USER's responsibility to have and maintain equipment and structures that meet the minimum requirements to access the PLATFORM. The list of requirements can be found via the HELP or FAQ link on the PLATFORM's website.

In order to be able to terminate your account on the PLATFORM the SUBSCRIBER may not have financial backlogs.

USERS may not:

6. OBLIGATIONS OF Mconf

The USER also exempts Mconf from any liability arising from the misuse of the PLATFORM and for any damage that may result from the transmission, dissemination, availability, receipt, obtaining or access to the information. Likewise, regardless of the modality, free or paid, no warranty, implied or explicit, of any kind, regarding its operation or availability of information is offered.

Mconf is not responsible for intrusions, improper access, tampering, manipulation or deletion of your data, made by third parties authorized or not by the USER. Mconf has no obligation to maintain or provide logs or connection logs and application access logs that may be directed to your system account. The USER acknowledges that Mconf may send emails with notifications and invitations to recipients indicated by the USER, assuming full responsibility in respect of them for any understanding regarding the unsolicited message “SPAM”. SHORTLY, THE USER IS RESPONSIBLE FOR THE CONTENT AND CHANGES THEY MAKES ON THE PLATFORM OR EVEN FOR THE ACCESS OF THIRD PARTIES THE USER AUTHORIZES.

In no event will Mconf be liable for personal injury or any incidental, special, indirect or consequential damage, including, without limitation, loss of profit, corruption or loss of data, failure to transmit or receive data, discontinuity of business or any other commercial loss or loss arising out of or related to your use or inability to use the software for any other reason. Under no circumstances will Mconf's full liability to USER for all damages exceed the amount corresponding to the USER's licensing plan to the licensor for obtaining this software license.

7. ABOUT THE PLATFORM OFFER

The PLATFORM is hereby made available through a temporary, limited, non-exclusive, non-transferable, revocable Software Use License, unless you have signed a license agreement, which shall be supplemented by the Terms of Use and Service. You acknowledge that you have not acquired the PLATFORM, but only have a license to use it. Under no circumstances will the USER have access to the PLATFORM source code, except for components previously published as open source. Plans and their characteristics (such as price, user limit, record availability, and so on) may be modified, or even terminated, by Mconf at any time. But the USER will have the right to remain in the plan he chose for the contracted term.

For example, if the USER is subscribed to an annual plan and it is modified, the USER will only be affected by the change one year after the initial subscription. If the USER is on a monthly plan, this change will apply at the end of the current month. Please note that Mconf will make their best efforts to automatically migrate the USER to a plan that fits their needs and we will notify them at least 30 days in advance, including the possibility of free cancellation by email.

8. ADVERTISING

From the moment the USER becomes a SUBSCRIBER USER on the PLATFORM, the USER becomes our customer, and as such, authorizes Mconf to place their company name and logo on our website and other communications with third parties. Should the USER unsubscribe from the PLATFORM, we will understand that the USER is no longer our customer and this authorization will be automatically canceled.

9. TECHNICAL SUPPORT

It is very important that the USER knows the operation of the PLATFORM to extract the maximum value it can offer. To this end, we provide video tutorials and training materials online through the HELP or FAQ link on the PLATFORM's website.

Additionally, we provide clarifications on the operation of ELOS, Mconf and its operation, exclusively during business hours (9h-17h Brasília time). Of course, we assume that the USER is knowledgeable about how the computer and operating system he is using work, how to connect to the Internet, and how websites are accessed.

If you choose to call us, the cost of that call is yours. Mconf gives preference to contacts made via email through the address “support@mconf.com”. Hiring any Mconf plan does not assure the USER any technical support that exceeds the provisions of this document. If you identify any flaws, vulnerabilities, instabilities or incidents involving Mconf, the USER agrees to maintain confidentiality and to immediately inform Mconf at “support@mconf.com”.

10. BACKUP

Mconf is not obligated to make or provide backups of your data stored in the PLATFORM, the USERS can export their data using the tools available in the PLATFORM whenever it suits them. Please be aware that in the event of exclusion or deletion of your data by the USER or third parties, we may not have recoverable previous versions of your database.

11. CANCELLATION

You may cancel your subscription to the PLATFORM at any time. In the month following the cancellation, the USER will be charged for their usage from the beginning of the month (when the last charge was made) until the end of the month when then plan was cancelled. The USER will still be able to access past invoice data and past reports.

12. DATA STORAGE

Data stored in Mconf includes only the recordings the USER generates and the USER's access statistics. Documents, texts, and media of any kind shared during conference that was not recorded will not be stored.

During the time the USER is a SUBSCRIBER, their recordings will be kept for 6 months on our servers. During this period the SUBSCRIBER will have the option to export the recordings and use them as he sees fit, and may even host them on other servers or services. Recordings may, but it is not required to, be removed 6 months after they were created. Your usage statistics will be kept even after this time.

If you cancel your subscription, we reserve the right to immediately remove the recordings made on the PLATFORM. We are under no obligation to export your data in any format other than what is described in this document.

13. TERMINATION

You may stop using the PLATFORM at any time by deleting your account. This will only be possible if the USER has no financial backlog with Mconf. Mconf also reserves the right to suspend or terminate the offer of PLATFORM at any time, in our sole discretion and without notice.

The PLATFORM is “AS IS”, meaning we make our best efforts to offer the PLATFORM in an exemplary way, but there are certain things we cannot guarantee. TO THE EXTENT PERMITTED BY LAW, Mconf AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, ABOUT THEIR OPERATION, AVAILABILITY OR CONFIDENTIALITY OF THE DATA STORED ON THE PLATFORM. THE PLATFORM IS PROVIDED "AS IS". WE ALSO DISCLAIM ANY WARRANTY OF MERCHANTABILITY, ADAPTATION FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

14. TERMINATION, INDEPENDENCE OF CLAUSES AND CESSION

The fact that Mconf does not require compliance with anything agreed here does not constitute a waiver of our right to do so later. If a provision is found to be void, the remaining provisions of the Terms will remain in full force and a valid term will replace the void term, reflecting our intent as much as possible.

You must not assign any of your rights under these Terms and any such attempt will be void. Mconf may assign its rights to any of its affiliates or subsidiaries, or to any party that may succeed it in the participation of any associated company with us.

15. ACCOUNT CREATION

In order for you to be able to use the PLATFORM and its tools, you need to create an account, providing the requested data accurately and truthfully, always keeping it up to date, being prohibited to enter false and/or third party information without their permission.

At the time the account is created, the USER will provide the following data to Mconf:

It is the sole responsibility of the USER to choose a secure password to access the PLATFORM and to keep it secret and refrain from providing it to third parties, including accounting professionals, who may request it for any purpose and use it, and use the right technologies to protect your privacy from third parties, especially on mobile devices. The USER can also connect using a Google or Facebook account to create a PLATFORM account. When you do this, you will not need to create a password for the PLATFORM.

16. FREE PLAN

When you create an account, the USER is automatically linked to the free plan, which has the following limitations over the SUBSCRIBER:

17. SUBSCRIPTION

At any time, the USER may subscribe to the Premium plan through the PLATFORM, providing the following information:

By subscribing, the USER will receive an email confirmation and will have access to all the SUBSCRIBER features:

18. PRICE AND METHODS OF PAYMENT

Mconf will send an invoice in the first week of each month to the SUBSCRIBER, with the amount consumed in the previous month, until the USER cancels his plan. If the USER contracts the plan not in the first day of a month, the invoice will be sent at the beginning of the following month and will refer to the use of the service from the day the USER contracted the plan. If the USER cancels the plan before the end of a month, the USER will have a last invoice at the beginning of the subsequent month for the usage until the end of the month of cancellation. In all cases, the minimum service charge, if defined, must be respected.

The subscription pricing is based on the number of unique users who have used the SUBSCRIBER's room(s). Unique users are different people who have made at least one access to a conference room, either as moderator or participant. Accesses are accounted for by name, i.e. two accesses with the same name will be accounted for as a single user only. In addition, each registered user can make as many conferences as they want during the month, and will only be counted once. The SUBSCRIBER will be able to check the list of unique users through the daily updated usage report on the platform and thus track their monthly consumption. If any inconsistencies in the identification of duplicate users are suspected in the report, the SUBSCRIBER may contact Mconf for verification.

The payments will be made by bank slip, generated through a payment intermediary.

The USER may request differentiated conditions for consumption above 250 unique users per month, contracting an annual plan and contracting a plan per user pack.

19. PRIVACY POLICY

USERS accept and agree that the information registered in the PLATFORM will be published and/or provided as specified herein.

USERS accept and agree that (i) any information provided is stored in a database controlled by Mconf; (ii) such database may be stored on servers not located in the country where USERS are located or where Mconf is located; (iii) the servers are owned and managed by contractors contracted by Mconf.

THE PLATFORM is ours. You may use it in accordance with this Terms of Use, but the source code, brand, technical elements, design elements, process elements, reporting, and other elements that help us characterize the PLATFORM are our property and not must be used by the USER in any way not previously authorized in writing by Mconf.

The USER agrees that it will not do, attempt to do, or assist anyone to reverse engineer or attempt to access the source code and database structure of the PLATFORM. Comments and suggestions from USERS are most welcome and may generate innovations or implementations that may be incorporated into the PLATFORM, but this will not give the USER any rights to them. The USER does not own and will not have any direct or indirect ownership, title or interest in the PLATFORM or in Mconf.

Although using computer infrastructure managed by third parties, Mconf does not authorize the use of USER information by the service provider.

While Mconf chooses the world's leading data security service providers, Mconf disclaims liability for any potential hacking attempt or security technology failure that could lead to such information being exposed.

Mconf protects all USERS' personal data using technically and economically reasonable standards of care given today's Internet technology. USERS acknowledge that there can be no expectation as to the total security on the Internet against website intrusion or other irregular acts.

Mconf reserves the right to provide the USERS data and information, as well as the entire system used in the PLATFORM, to its technical team, that may by consisted by Mconf employees and/or third parties, in which they will be responsible for managing the safety and reliability of the PLATFORM and USER data.

All members of the technical team, whether employees or outsourced companies, will sign a confidentiality agreement stating that they are obliged to keep all commercial, accounting, administrative, technological, infrastructural, technical information, in other words, any information disclosed due to the maintenance of the functioning and safety of the PLATFORM, refraining from using them to their own advantage or of third parties, pledging to ensure that its partners, employees with employment relationship and trusted third parties, informed of this obligation, also do it.

The USERS authorize their registered information to be published to other USERS registered in the PLATFORM, as provided herein.

The public content provided by the USER, including but not limited to the profile picture, is the property of the USER. The USER, however, agrees to give Mconf the rights to use such content to maintain the operation of the PLATFORM and for the marketing of Mconf and its products, using its own or third party communication channels.

Mconf is not authorized to provide USERS' registered data to third parties except as provided herein.

It is the exclusive competence of the Justice and legal organs of the Brazilian territory to reasonably request to Mconf the provision of personal data of USERS that have proven to violate the terms and conditions contained herein and the legal provisions applicable, reserving to Mconf the right to provide to the Justice and the competent legal bodies the personal data of the USERS, when properly requested.

20. GENERAL PROVISIONS

All materials, patents, trademarks, registrations, domains, names, privileges, creations, images and all related rights related to the PLATFORM and developed by Mconf, are and shall remain the sole and exclusive property of Mconf. The USERS agree not to perform an act or fact that in any way undermines the rights set forth herein and not to claim any rights or privileges thereto.

Also consider that part of the PLATFORM is available with open source licenses. The access to the code of these components is open to the public under their respective licenses, but this does not mean that the USER will have access to the PLATFORM's source code provided by Mconf. The PLATFORM uses open source components, but also includes proprietary solutions to them.

The USER undertakesis obliged to keep his registration details up-to-date, as well as to inform in case of changes, such as his e-mail address and telephone, which will be the main communication channels between Mconf and the USERS.

Mconf may change this instrument at any time by posting a revised version on our site. For this reason, we strongly recommend that you always visit this section of our site and read its content periodically.

This instrument constitutes the entire understanding between the USER and Mconf and is governed by Brazilian Laws. We hope to have a great relationship with the USER and that there is no need for disputes. Therefore, the USER agrees to first contact us and attempt to informally resolve any disputes that may occur. If within 15 days we cannot resolve it, then both the USER and Mconf may file a formal court case. If this occurs, the Central Forum of the City of Porto Alegre/RS in Brazil is defined as the only institution competent for the resolution of legal disputes, renouncing any other, however privileged they may be.


Last updated on: January 20, 2020.