My Visit - TERM OF USE - 2018/2019

This site and all its content (the 'Site') is operated by MINHA VISITA LTDA, a limited company registered with CNPJ n. 28.600.034 / 0001-36, headquartered at R Barão Do Amazonas, 368, Primavera, Novo Hamburgo, RS, CEP 93344-250, Brazil.

These Terms of Use (the 'Terms of Use') contain the terms and conditions for the use of the software platform developed by My Visit ('Platform'), which offers professionals and companies systems that enable business process management through (the 'Services'). These Terms of Use are valid for any information, texts, images and information that are inserted or linked to the Services offered by My Visit.

These Terms of Use are valid for any information, texts, images and information that are inserted or linked to the Services offered by My Visit.

THE ACCEPTANCE OF THESE TERMS OF USE IS INDISPENSABLE TO THE USE OF THE SITE AND THE SERVICES OFFERED BY THE PLATFORM. ALL USERS SHOULD READ THESE TERMS OF USE, UNDERSTAND AND ACCEPT THEM, SUCH AS THE USE OF THE SITE AND THE PLATFORM IMPLIES THE TOTAL ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO ANY PROVISION HEREIN, DO NOT USE THE SITE AND THE PLATFORM OR CONTRACT THE SERVICES.

Acceptance of these Terms of Use implies acceptance of the Privacy Policy, an integral and inseparable part of these Terms of Use, which deals with the collection, use, storage, handling, security and control of users' personal information, and can be found at the https link: https://minhavisita.com.br/politica_de_privacidade.php?lang=en

The access and use of the Site and the Platform is directed exclusively to users over 18 (eighteen) years old, resident and domiciled in Brazil or abroad, who have full legal capacity for their use; and to companies in legal situations, legally constituted and existing according to the applicable legislation (the 'Users'). If My Visit detects any account made from false information or irregular or non-existent companies, this account will be automatically deleted and these Terms of Use will be automatically terminated.

  1. Services:

    1. The Services are offered through the Platform and Application, which is found on the Site and the Google Play and Apple Store Stores. The application works even with GPS and Internet turned off. When the user has GPS off, but with internet, it is possible to add the missing information through the User Portal, through the link: https://minhavisita.com.br/admin/ ; When used without internet, soon after the device identifies a connection network, whether mobile or Wi-Fi, the information will be sent to the Administrative Management Portal

      Some features available to the User through the Platform are optional, such as KM Switched and Check in with photos and can be chosen according to the plan chosen by the company that may involve:

      • Centralization of the customer registry through cloud storage, which can be consulted by any Registered User;
      • It allows the monitoring of the reports made by users Registered by the User Administrator;
      • Reports of the visits made by the user registered through the customer history
      • Rolled KM can be tracked through the Check made via application that records the point generating a report at the end of the day worked
      • Check-in with photos that make possible through the check made send a photo at the time of the visit. Photos are available during the subscription period. After the signature ends, the photos can be requested within 30 days. Deleted photos are available within 30 days after deletion.
      • FIt is prohibited to send content such as
        • Pornographic, prejudiced, racist or offensive material
          • Incitement to crime or information about illegal activities;
          • Encrypted or password protected files or pages that contain improper information set in these rules;
          • Slanderous material, falsely attributing to someone a fact defined as a crime, injurious statements that offend the dignity or propriety of someone as well as defamatory statements, imputing to someone fact offensive to his reputation;
          • Information relating to software piracy;
          • Material protected by copyright or industrial rights, being prohibited the publication of photos, texts or sound files or videos without the authorization of the representative of the work or company in charge.
    2. Features such as: Miles Round, Check-in with Photos, User Registration through the Application, access in Customer History, along with the visit, are available via mobile device such as tablets and mobile phones, through an application available for download ('the application'). Additional terms and conditions may govern your use of the Application. In this case, the additional terms and conditions of the Application are incorporated into these Terms of Use by reference and bind Users. Use of the Services through the Application may involve the display of icons and data on the mobile device, the content of which may be periodically updated by the Internet and / or communications system. The User is responsible for any and all charges levied by the mobile operator to connect the Internet Application for the corresponding use of the Service by the User. Downloading, installing, or using certain applications may be prohibited or restricted by the User's mobile carrier or may be technically limited by the mobile device itself, so that the Platform features embedded in the Application may not work on some mobile devices or telephone carriers cell phone.

  2. Registration

    1. In order to register and use the Services, it is necessary for the User to make a previous registration where he voluntarily provides information about himself, such as: name, email, login, password and cell phone. My Visit is not responsible for the information provided by App users and believes that the information may be used as forms of internal advertising.

    2. The owner and administrator of the account will be the one defined at the time of registration, based on the data offered by the User ('User Administrator'). The account is personal and can be accessed only through the use of the login and password created by the User at the time of registration, being the sole and exclusive responsible for maintaining the confidentiality of your login and password, in order to ensure the security of your account and prevent unauthorized access by third parties. You are solely responsible for all activities associated with your account. In case of loss, misplacement or suspicion of misuse of your account, login or password, My Visit should be immediately communicated so that appropriate measures are taken for the data changes. If duplicate accounts are verified, My Visit may permanently disable all duplicate entries, regardless of any prior notice.

  3. Signature Plans

    1. The Services may be contracted by signing a plan by the User (the 'Signature'). My Visit offers plans that can be chosen at the discretion of the User:

      • Standard: ensures that the User can customize the functionality of the Platform according to their needs. Guarantees User access to all the basic functionality of the Platform listed here at this link: https://minhavisita.com.br/ . The Signature of this Plan allows the User for the account to be able to perform additional registrations so that other persons authorized by the Administrator User can access the Platform (the 'Registered Users'), according to the user limit of the Plan. provision of a limited number of additional registrations, the Free Plan User is aware that certain features of the Platform available in other plans will not be made available to him, thereby exempting My Visit from any responsibility in this regard. The Standard Plan is up to 20 users enrolled in the Platform in the amount of R $ 24.90 monthly per user registrations in the platform and has the possibility to contract additional services such as: KM Rounded in the amount of R $ 7.90 per user / month and Check-in with photo in the amount of R $ 5.00 per user / month.
      • Premium Plan: ensures that the User can customize the functionality of the Platform according to their needs. It guarantees User access to a set of features, by paying a monthly amount in the amount of R $ 22.90 per user. The features and amounts charged can be found at this link: www.minhavisita.com.br/ The Subscription of this Premium Plan allows the User Administrator of the account the possibility of realizing additional registrations so that other Registered Users can have access to the account. In that case, the number of registrations added will be limited to the number stated in the Subscription acquired by the Administrator User. It has the possibility of contracting additional services such as: Miles Round in the amount of R $ 7.90 per user / month and Check in with a photo in the amount of R $ 5.00 per user / month. The Premium Plan counts 20 to 50 users registered on the platform.
      • Ultimate Plans: ensures that the User can customize the features of the Platform according to their needs. Ensures that the User can customize the features of the Platform according to their needs. It guarantees User access to a set of features, by paying a monthly amount in the amount of R $ 19.90 per user. The features and amounts charged can be found at this link: https://minhavisita.com.br/ The Signature of this Ultimate Plan allows the User Administrator of the account the possibility of realizing additional registrations so that other Registered Users can have access to the account. In that case, the number of registrations added will be limited to the number stated in the Subscription acquired by the Administrator User. It has the possibility of contracting additional services such as: Miles Round in the amount of R $ 7.90 per user / month and Check in with a photo in the amount of R $ 5.00 per user / month. The Ultimate Plan counts from 50 users registered on the platform. 3.2.
    2. The Administrator User is responsible for allowing the access to the account to the Registered Users, as well as it is the one that has control of the Accesses of the Registered Users. If the Registered User wishes to obtain any information about the account, they should contact the Administrator User. Disabling the Registered User for any reason is also the sole responsibility of the Administrator User. My Visit will only have management of the previously informed data, if requested by the User Administrator.

  4. Charging of the Service.

    1. My Visit offers an option to pay by bank transfer and credit cards.

    2. The credit card numbers provided by the User are registered directly in the admin database the card and does not allow third parties access to this information. By informing the data to the administrator, the administrator performs the verification of the online transaction performed and returns only with the release information or not the purchase, so that the user's bank details are not disclosed.

    3. Upon confirmation of payment, the User will receive an email and the descriptions and instructions of the Service that he has just acquired, if the operation has been completed successfully. If the payment is not approved by the card administrator or is unsuccessful, the hiring of the Services will be canceled and no amount will be charged to the User.

    4. From time to time, we may change our plans and the price of our service. Subscription prices may be adjusted automatically each year or more frequently, as permitted by current legislation and according to the General Market Price Index (IGP-M) published by the Getúlio Vargas Foundation or other equivalent index applicable to My Visit.

  5. Cancellation

    1. IF THE USER DESIRES TO CANCEL THE SIGNATURE, IT SHOULD INFORM MY VISIT BY E-mail comercial@minhavisita.com.br.

    2. The User may terminate the hiring of the Services within 15 (fifteen) days from the Signature (the 'Reflection Term'), and any amounts eventually paid, under any title, during this period, will be returned to the User in full .

    3. The User is aware that by canceling the Subscription and / or undoing his / her registration, the action is irreversible and all his / her Personal Information, as well as all the content inserted in the Platform will be kept for 30 days stored in the Azure Cloud, after this deadline, you will not be able to recover any lost information. My Visit, under no circumstances, may be liable for any damages arising from the cancellation of the Subscription and / or deactivation of the registration.

    4. My Visit reserves the right to suspend or cancel, at any time, the access of any User to the Platform in case of proven fraud, obtaining benefit or advantage in an unlawful way or for not complying with any of the conditions of these Terms of Use In such cases, no indemnification shall be due to the User, and My Visit may promote the appropriate return action, if necessary, as well as any other measures necessary to pursue and safeguard its interests.

  6. My Visit Responsibilities

    1. My Visit uses third-party services to keep the Site and Platform functioning, and there may be faults in such services. My Visit will not be responsible for any loss or damage resulting from failure of the services of these third parties.

    2. My Visit guarantees that, except for the assumptions set forth in these Terms of Use, the Platform will operate 24 (twenty four) hours a day, 7 (seven) days a week, including holidays, and must have full conditions of access and operation during minimum, 95% (ninety-five percent) of the time. In case of failure to use the Platform or access difficulties, the support center of My Visit should be communicated, through the telephone 51 3781 - 3310 or by the e-mail support@minhavisita.com.br. The Support Center will be available Monday through Friday, from 9 am to 6 pm (Brasília time), excluding local, state and national holidays.

    3. My Visit will also provide basic support to the User in relation to the Services, which implies in the clarification of doubts regarding the use of the Platform, as well as to the available plans, prices, any problems regarding payments and errors arising from the Platform itself. No additional charge for the support given.

  7. User Responsibilities

    1. The User's responsibilities are:

      • use the Site and Platform in an adequate and diligent manner, in accordance with the present Terms of Use, with the law, morality, good customs and public order;
      • to maintain the environment of its access devices to the Site and to the Safe Platform, using specific tools for such, such as antivirus, firewall, among others, in order to contribute to the prevention of electronic risks;
      • use updated and efficient operating systems for the full use of the Platform;
      • be equipped and responsible for the hardware devices necessary to access the Site and the Platform, as well as their access to the Internet;
      • not maliciously exploit the security of the Site and the Platform for the practice of unlawful acts, prohibited by law and these Terms of Use, harmful to the rights and interests of third parties, or that in any way may damage, disable , overload or deteriorate the Site and the Platform, as well as the computer equipment of other Users or other Internet users (hardware and software), as well as the documents, files and all content stored in s your devices or prevent the normal use or enjoyment of the Site, the Platform and the Services;
      • keep a copy of all content and data that it deems important, since the Platform may undergo maintenance periods or even have some data loss;
      • guarantee the truthfulness, quality, integrity and legality of your data and the medium through which you acquired your data.
      • act in a way to prevent unauthorized access to the use of the Services and to notify My Visit immediately of any unauthorized access or use;
      • not sell, resell, rent or lease the Service;
      • verify that the contents of the file inserted in the Platform correspond to what is advertised in it.
    2. The User declares and guarantees that all the content inserted by him in the Platform:

      • do not violate Brazilian law, the provisions of these Terms of Use and other applicable standards
      • do not infringe or infringe any obligation or direct of any third party, natural person or entity, including, without limitation, intellectual property rights, copyrights, image rights, privacy, consumer rights, among others
      • use updated and efficient operating systems for the full use of the Platform;
    3. Any damage caused by the User to My Visit or to third parties due to the non-fulfillment of the obligations hereunder or the non-veracity of the guarantees stated herein will be repaired exclusively by the User causing the damage, not having to speak about subsidiarity of the obligation of My Visit.

  8. Intellectual Property

    1. Subject to these Terms of Use, My Visit grants the User a limited, non-exclusive, non-transferable license to use the Platform and the Site only as strictly necessary to fulfill the obligations and enjoyment of the rights set forth in these Terms of Use. Use.

    2. All rights relating to the Site and the Platform, as well as their functionality, are owned by My Visit, including all intellectual property rights related to their texts, images, graphics, trademarks, layouts, codes, bases of data and other content produced directly or indirectly by My Visit ('Intellectual Property Rights'). The improper use of any content or trademarks displayed on the Site and in the Platform is expressly prohibited.

    3. Intellectual Property Rights are protected by copyright and industrial property laws. It is prohibited to use, copy, reproduce, modify, translate, publish, transmit, distribute, perform, upload, display, license, sell or exploit the Intellectual Property Rights for any purpose. No copy, distribution, reverse engineering, display of the Platform, Site and / or Intellectual Property Rights shall be construed as a restriction or waiver of the intellectual property rights of My Visit Visit

    4. Any use of Intellectual Property Rights can only be made with prior and express authorization of My Visit. The User assumes all responsibility, civil and / or criminal, for the improper and unauthorized use of Intellectual Property Rights.

    5. Any suggestions, requests for improvements, recommendations or other ideas provided by the User to My Visit related to the operation of the Platform will not give the User any right of ownership over the functionality eventually implemented by My Visit, so that the User will not have any right of retention, use or indemnification..

  9. Altering these Terms of Use

    1. My Visit is always making updates to improve the functionality of the Platform. For this reason, these Terms of Use may be changed, at any time and in the sole discretion of My Visit, in order to reflect the adjustments made to the Platform. Whenever any change occurs in these Terms of Use, My Visit will send an email to the user indicating the date on which said change will become effective and will request the User to accept the new provisions. If User does not agree to the new provisions of the Terms of Use, the User may, in its sole discretion, reject it, but unfortunately this means that the User will no longer be able to access the Platform and make use of its features. If in any way User continues to make use of the Platform, even after changing the Terms of Use, this means that the user agrees to all modifications.

  10. Other Provisions.

    1. These Terms of Use do not create any other mode of link between Users and My Visit, including without limitation, only joint venture, mandate, representation, partnership, consortium, association, formation of economic group, employment relationship or similar. My Visit will remain an independent and autonomous entity.

    2. My Visit may assign the rights and obligations related to these Terms of Use to companies of the same economic or corporate group, by means of simple written communication to the User.

    3. The omission or tolerance of My Visit in requiring strict compliance with the terms and conditions set forth herein shall in no event constitute novation or renunciation, nor shall it prevent My Visit from covering such rights at any time.

    4. The User may directly contact My Visit through the 'Doubts' or 'chat' icon available on the Site, or through the following communication channels:
      - e-mail: suporte@minhavisita.com.br
      - telephones: (51) 3781-3310

      • The hours are from Monday to Friday from 9am to 6pm.
    5. These Terms of Use are governed by the laws of the Federative Republic of Brazil. Any doubts or situations not foreseen in these Terms of Use will first be resolved by My Visit and, if they persist, should be resolved in the forum of the city of Novo Hamburgo, State of Rio Grande do Sul, with the resignation of any other, however privileged.

    6. Any questions or requests related to these Terms of Use should be sent to My Visit via the e-mail support@minhavisita.com.br


Update: October 18, 2018

Minha Visita LTDA.