Quality1.App use and service license agreement

These are the terms of the license agreement for use and provision of services (Term) that regulate the relationship between Quality1.app, including its website, software and services (Quality1.app) and its users. By using Quality1.app you fully agree with these terms, if you are using for a company, you declare that the company also complies with these terms. If you do not fully agree with the terms, do not use Quality1.app.

Licensed: Legal entity acquiring this Quality1.app Use License, identified through the acceptance of the terms below and with an agreement signed by the responsible department of Licensor, later represented by its legal representative, hereinafter called Licensee.

Licensor: Cyber1 Tecnologia Ltda., Headquartered at Rua Nossa Senhora da Lapa, 671 - Cj 11, São Paulo / SP, CEP: 05072-900, registered with the CNPJ under the nº. 31.353.070 / 0001-57 and exempt from state registration, hereby represented by its undersigned legal representative, hereinafter referred to as Licensor.

The parties identified above have, among themselves, fair and agreed this License Agreement for Use and Provision of Software Services, which will be governed by the following clauses and the conditions described herein.


From the object:

Clause 1 - The Quality1.app software is proprietary online software developed by Licensor with the aim of managing, preparing and storing all the data required during Advanced Planning of Product Quality (APQP) and, was developed based on the manuals of AIAG, Automotive Industry Action Group.

Clause 2 - Quality1.app is a registered trademark at INPI, National Institute of Industrial Property, under the number {0000001}

Clause 3 - Quality1.app is made available by Licensor for use by Licensee via the internet through secure website hosting.

Clause 4 - Quality1.app can also be treated by the name of web solution, computer program, program, software, system or website.

Use license:

Clause 5 - The present license to use Quality1.app will have aspects of irreversibility and irrevocability.

Clause 6 - This term from Quality1.app represents proof of License to Use and should be treated as valuable property.

Clause 7 - Licensor, owner of all rights of Quality1.app object of this agreement, in this act and by the best form of right, grants Licensee License to Use, on a non-exclusive and non-transferable basis, of the software, object of this Use License, made available for you to use via the internet, respecting the terms contained in this Use License.

Clause 8 - The acceptance of this term materializes at the time of use, even if partial or as a test or in the acquisition of this Quality1.app Use License , made electronically through a form on the website.

Clause 9 - The use of Quality1.app, even if partial or as a test, indicates that Licensee is aware of the terms of this Quality1 Use License .app, agreeing with them.

Clause 10 - In case of disagreement with the terms presented here, the use of Quality1.app must be stopped immediately.

From updates:

Clause 11 - Licensor guarantees, at no additional cost to Licensee, the system update whenever there are changes in the requirements of IATF 16949: 2016 and the manuals of reference (MSA, CEP, FMEA, APQP and PPAP).

Of the licensor's obligations:

Clause 12 - Weekly backup of the MySQL database with weekly retention.

Clause 13 - Licensor or its Representatives will under no circumstances be responsible for the content (information, passwords, copies of information, etc.) of any nature published in the Therefore, this information is not revised or disclosed at any time.

Clause 14 - For Licensee to be able to use Quality1.app it is necessary that it is properly installed and configured on an internet server by Licensor.

Clause 15 - Maintain an SLA of 99.1% of the online service per year.

Licensee's obligations:

Clause 16 - Licensee is fully responsible for the information entered in the system, for the registration, permissions, passwords and how to use its users.

Clause 17 - Licensee assumes the responsibility of hiring employees with technical knowledge of the IATF 16949: 2016 standard and reference manuals (MSA, CEP, FMEA, APQP and PPAP).

Clause 18 - Licensee must keep its employees always up to date on quality tools so that they can use the Quality1.app solution more efficiently and with quality.

Clause 19 - The responsibility for the information of each user in Quality1.app is always with Licensee.

Clause 20 - Licensee must pay Licensor an amount for the Quality1.app hosting that Licensor maintains hosted on its web server.

Of the license types:

Clause 21 - Quality1.app offers four types of licenses, they are: Startup, Business, Premium and Enterprise

Clause 22 - The characteristics of the Startup license are:
Registration of 1 (one) user
Knowledge Base
EAD Trainings
1 (one) simultaneous access
1 (one) active piece

Clause 23 - The characteristics of the Business license are:
2 (two) simultaneous accesses
Unlimited user registrations and parts
EAD training for all users
Registration of up to 5 clients
Support by ticket

Clause 24 - The features of the Premium license are:
3 (three) simultaneous accesses
Unlimited user registrations and parts
EAD training for all users
Registration of up to 10 clients
Support by ticket and email

Clause 25 - The characteristics of the Enterprise license are:
4 (four) or more simultaneous accesses
Dedicated training and distance learning
Priority support
Unlimited customer records
Account manager
Advanced integrations

On commercial terms:

Clause 26 - There is no charge for the Startup license for using Quality1.app

Clause 27 - The value for online access to Quality1.app, will be defined according to the number of simultaneous licenses purchased and will be charged a single amount for License Deployment Services plus monthly fees.

Clause 28 - The amount may change if Licensee chooses to change to another plan offered by Licensor.

Clause 29 - This form of hosting Quality1.app where Licensee pays Licensor to host its system on an internet server is known worldwide as A.S.P. (Application Service Provider). In this commercial format, Licensor acts as a Service Provider.

Clause 30 - Values ​​referring to homologation services, installations, configurations, maintenance, improvement requests and others requested in the future by Licensee will be previously budgeted and communicated to Licensee through a new commercial proposal. New services will only be executed upon the approval of their respective proposals.

Clause 31 - In the event of non-payment of the amounts relating to accommodation and other fees due, Licensee is subject to temporary interruption or the permanent cancellation of services provided by Licensor.

The rules for publishing content:


Clause 32 - The following rules must be obeyed by Licensee, aiming at moral and social respect, as well as the good and perfect functioning of the Quality1.app system (software or site) and the inclusion of the following content is expressly prohibited:
Publication or dissemination of pornographic, racist or offensive material;
Incitement to crime or information about illegal activities;
Pornographic material or illegal activities, including minors under 18 (eighteen) years old;
Slanderous material that falsely attributes someone defined as a crime, insulting statements that offend the dignity or decorum of someone well as defamatory statements, imputing someone offensive to your reputation;
Information regarding software piracy;
Material protected by copyright, the publication of photos, texts or sound files is forbidden without the authorization of the representative of the responsible work or company.

Clause 33 - It is expressly prohibited:
The use of Quality1.app outside of the conditions established in this Use License;
Translate, reverse engineer, decompile, copy images, codes or any parts of Quality1.app for use outside of it;
Rent, lease, assign or transfer the licensed product;
Modify the product or merge all or any of its parts with another program;
Remove or alter any copyright, trademark, or other proprietary rights notice posted on Quality1.app or in part of it.

From technical support:

Clause 34 - The Technical Support provided to Licensee is limited to clarification on the functioning of Quality1.app and its operation, therefore, it is assumed the minimum knowledge of the use of the computer and automotive quality tools by the user (s), which includes the use of the computer and its functions, the use of the operating system under which the system will work, and the subject that Quality1.app sets out to solve.

Clause 35 - It is also assumed that the computer is properly configured with regard to the use of the software acquired and the good state of operation of this computer and that it not more than 3 (Three) years of use.

Clause 36 - Quality1.app is approved for use with the GOOGLE CHROME Browser, other browsers not 100% of their functionality.

Clause 37 - Licensor's Technical Support guarantees attendance in accordance with the selected support plan for Licensee via email, via tickets and also by phone, at business hours to use the resources contained in Quality1.app.

Clause 38 - Consider business hours the interval between 9 am and 5 pm, from Monday to Friday, excluding the state and municipal holidays in São Paulo and also nationals.

Clause 39 - The response time, after opening a call, should not exceed 24 working hours.

Clause 40 - The Technical Support provided by Licensor does not cover Licensee's connection to the internet, internal network and computers.

From customizations:

Clause 41 - If Licensee needs modifications to Quality1.app to better meet its needs, the procedure to be followed is described below:
Licensee contacts Licensor and expressly informs her what she wants;
Licensor analyzes Licensee's request for technical feasibility and submits a commercial proposal with the value and deadline for completion of the services requested;
After Licensee approves the proposal, Licensor initiates the services and makes the changes available in another environment with a copy of the Quality1.app for Licensee to test and approve new implementations, so that they are incorporated into the production system.

Clause 42 - All modifications, improvements and corrections made to Quality1.app, even if informed, requested, and eventually paid for by Licensee, are incorporated into Quality1. app and subject to the terms of this Quality1.app Use License, which may even be made available by Licensor to other Licensees using the same system model, just as Licensee may eventually receive operating improvements, corrections and new features in the software it uses .

Clause 43 - Licensee now agrees with modifications, implementation of new features, or tools, or improvements or corrections in the Quality1.app model it uses, becoming at Licensor's discretion the management and approval of these modifications in Quality1.app.

Clause 44 - Licensor installs updates automatically on Quality1.app.

Effective:

Clause 45 - The term for using Quality1.app is defined indefinitely, that is, Licensee may use Quality1.app for as long as it wishes, during the time you are using Quality1.app to remain in compliance with the monthly payment of your license and hosting.

From termination:

Clause 46 - Licensee may terminate this agreement at any time, provided it expressly notifies Licensor 30 days in advance.

Clause 47 - Under no circumstances will any amounts paid be returned.

Clause 48 - Licensor may terminate this agreement in the event that Licensee fails to fulfill its contractual obligations.

Clause 49 - Licensee's database will be available for download during the 30 days notice in common text format, known as TXT.

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Of the general conditions:

Clause 50 - It is also established that Licensor will always use its best efforts in the maintenance and technological evolution of Quality1.app and the server that hosts it.

Clause 51 - In the event of interruption of the operation of Quality1.app, Licensor undertakes to restore in monetary values ​​the same period of the interruption proportional to the amount paid for month.

Clause 52 - Under no circumstances will Licensor be liable for lost profits, indemnities of any kind, commercial, special, accidental, consequential or other direct or indirect damages.

Clause 53 - The use of Quality1.app is subject to the limitations offered in each hosting plan for Quality1.app.

Clause 54 - Licensor reserves the right to modify this agreement according to its needs, in order to preserve its intellectual property and the proper functioning of the entire system.

Clause 55 - Licensor may at any time suspend or withdraw Licensee's access if there is a publication or information that is in breach of the content rules set forth herein or legal rules in force, without any refund of amounts paid by Licensee.

Clause 56 - Under no circumstances will Licensee have access to the source code of the system now licensed, as it is Licensor's intellectual property.

From the confidentiality term:

Clause 57 - Do the parties undertake to maintain confidentiality regarding any and all technical or non-technical information relating to solution, its equipment, infrastructure, its use, passwords for accessing the system, passwords for connecting to services provided by third parties and other information necessary for the integrated operation of the Quality1.app solution, the object of this agreement.

Clause 58 - Neither party may provide information to third parties, nor allow third parties to have access to any information they administer, access and / or control related to the Quality1 solution .app.

Clause 59 - The parties undertake to maintain the utmost secrecy and confidentiality, with regard to the solution, to the services requested and performed, documentation and all information verbal or written, registered and private, business secrets or any other information from each other to which they have access, during the term of this term or after it has terminated, both in the work environment and on the premises of any indicated client, not use or make them known to any third party or stranger to this term.

Clause 60 - The parties expressly acknowledge that all documents of any nature that have been used, created or are under their control, will also be protected by the commitment secrecy and confidentiality.

Clause 61 - THE PARTIES EXPRESSLY DECLARE TO KNOW THAT CONFIDENTIALITY IS ESSENTIAL THE COMMERCIAL / TECHNICAL RELATIONSHIP BETWEEN THE SAME.

Clause 62 - Any document, information or part relating to the Quality Quality1.app services may not be disclosed to third parties without formal authorization from the party holding the rights over them.

Clause 63 - The internal confidentiality of the information contained in any document or part of the system is the responsibility of each of the parties, being responsible for the misuse of the information arising from this agreement by its employees or third parties appointed by them.

Clause 64 - No part of the solution may be used in other solutions or systems that the parties may make or have.

Clause 65 - Even after the termination of this Agreement, the parties undertake to maintain the confidentiality of all information entrusted to them.

Of missing cases:

Clause 66 - Omission cases will be resolved by mutual agreement, by meeting of the parties for this purpose, and an addendum to this contract must be drawn up and signed by the parties.

From the final provisions:

Clause 67 - This Term of Service does not bind any party to additional obligations, nor does it grant additional rights, other than those expressly provided for in this instrument, or which are due to what is contained in your text.

Clause 68 - Licensor may use Licensee's brand and create cases to publicize and communicate the services contracted therein for the purposes of marketing and media disclosure.

Clause 69 - It is agreed that Licensee may not hire any employee, service provider, legal entity or even anyone who has technical relations with Licensor without through this (Licensor) and that if it is done within the same or less term for 700 days, even after the employee terminates with Licensor, Licensee shall pay Licensor the amount equivalent to 100 minimum wages according to the class union.

From the forum:

Clause 70 - It is elected, now, excluding any other, however privileged it may be, the Central forum of the District of the City of São Paulo - SP , to resolve any and all doubts or pending issues arising from this contract.

São Paulo, March 4, 2021.