Terms and conditions of use of the Trakto.io platform
By this instrument, called “Terms and Conditions of Use of the TRAKTO.io platform,” and in accordance with the applicable law, the relationship is established between the holder of the platform called “Trakto.io,” BLOB ANIMAÇÃO GRÁFICA INTERATIVA LTDA., a limited liability company headquartered in the city of Maceió, State of Alagoas, at Bloco Espanha - Edf. JTR, Avenida Álvaro Otacílio, 3731 - Room 602 - Jatiúca, ZIP Code: 57036-850, registered under CNPJ/MF No. 05.196.991/0001-43, represented in accordance with its corporate documents, hereinafter referred to as the “CONTRACTED PARTY”; and its client, hereinafter referred to as the “USER,” who will agree to this instrument electronically, with the respective acceptance log stored by the CONTRACTED PARTY, both Parties declare to agree with all the following clauses, recognizing that no changes or amendments can be made in this regard.
Definitions
CONTRACTED PARTY: BLOB ANIMAÇÃO GRÁFICA INTERATIVA LTDA., a limited liability company headquartered in the city of Maceió, State of Alagoas, at Bloco Espanha - Edf. JTR, Avenida Álvaro Otacílio, 3731 - Room 602 - Jatiúca, ZIP Code: 57036-850, registered under CNPJ/MF No. 05.196.991/0001-43;
USER: an individual or legal entity that agrees to this instrument to use TRAKTO, whether on a trial basis or permanently;TEMPLATES: document models in various formats and sizes, containing visual presentations, which may have their content modified by the user;
CONTRACTED PLANS: service packages defined by the TRAKTO.io team and offered to USERS according to their needs, reserving the right to change them without prior notice for new acquisitions.
2. Object
2.1. By this instrument, the CONTRACTED PARTY grants the USER a non-exclusive license, for the duration of the contracted relationship, to use the web platform called TRAKTO, owned and managed by the CONTRACTED PARTY, which will be used as a work tool focused on producing marketing materials.
2.2. The subscription plans are service packages defined by the TRAKTO team and offered to USERS according to their needs, divided into two (2) types:
2.2.1. FREE: Access to the full editor with the limitation of creating/editing a maximum of 5 templates, background removal for up to 10 photos/images, and a maximum of 5 exports/downloads;
2.2.2. PRO: Access to the full editor with unlimited creation/editing of templates and up to 150 background removals for photos/images;
2.3. The USER acknowledges that the plans above may be changed at any time, while preserving and keeping unchanged the plans already contracted.
3. Term and Duration
3.1. The Platform will offer a FREE option, allowing the USER to test and use the Platform and its features free of charge, for as long as the CONTRACTED PARTY desires.
3.2. The contracted Plans will be valid according to the subscription period selected through the system and will become effective upon receipt of payment via Credit Card or Bank Slip.
4. Price and Payment Terms
4.1. In exchange for the license granted herein, the USER shall pay the CONTRACTED PARTY according to the Plan chosen at the time of registration on Trakto, where all prices and features of the Plans will be displayed and kept updated, varying according to the USER’s selected configuration of functionalities within the CONTRACTED PACKAGE.
4.1.1. Payment shall be made by the USER on a monthly or annual basis, depending on the Plan chosen, and will be on a “PREPAID” basis, meaning payment must be made in advance for the upcoming usage period.
4.1.2. Payment must be made via Credit Card or Bank Slip, according to the USER’s choice.
4.1.2.1. By providing Credit Card information on TRAKTO, which may redirect the USER to a digital payment platform, the USER agrees that by subscribing to the Plan, they authorize the CONTRACTED PARTY to automatically charge their Credit Card the license fee on the same calendar day each month (or the closest earlier date if the month has fewer days). The USER acknowledges and agrees that the billed amount, whether monthly, annually, or according to another agreed period, may be adjusted at the CONTRACTED PARTY’s discretion, with prior notice as described below.
4.2. The CONTRACTED PARTY will always keep its Pricing Policy available on TRAKTO, categorized by Plans and, similarly, for each of its services and functionalities individually.
4.3. The price of CONTINUOUS SERVICES may be adjusted annually or at the shortest legally allowed interval, automatically, based on the positive variation of the IGP-M index (or its successor index).
4.4. Failure to pay the fee by the stipulated deadline will result in the USER being notified by email, with a maximum additional 10 (ten) days from receipt of such notification to remedy the non-payment under the terms of the above clause. If payment is not made by the 11th (eleventh) day, the CONTRACTED PACKAGE will be automatically SUSPENDED and converted to the Free package.
4.4.1. In the situation described above, reinstatement of the CONTRACTED PACKAGE will occur immediately upon proof of payment.
4.4.2. In such cases, the due date will be changed to the day the CONTRACTED PACKAGE was reinstated.
5. Termination
5.1. Either Party may terminate this agreement without cause, provided a prior notice of 10 (ten) days is given, which must be made via email (contato@trakto.io) or the chat available on TRAKTO, without any charge to the terminated party, except for any outstanding debts with the CONTRACTED PARTY, which must be settled before the termination of this agreement.
5.1.1. Termination without cause does not entitle the USER to a refund; the USER will retain access to TRAKTO until the end of the contracted Plan period.
5.1.2. If the termination request is made by the USER, a consultant from the CONTRACTED PARTY will contact them within up to 5 (five) business days of the request to verify the situation, resolve any pending issues, confirm the termination, and clarify the terms of the termination.
5.1.3. If the termination is not confirmed, the consultant will indicate on the Platform that this agreement remains in effect.
5.2. This agreement may also be terminated for cause, with a prior notice of 30 (thirty) days, in the following cases:
a) Breach of the obligations assumed herein, which has not been remedied within 30 (thirty) days, except for payment deadlines as stated above, detailing the breach, without prejudice to compensation for any losses and damages claimed by the USER against the CONTRACTED PARTY;
b) Bankruptcy or judicial reorganization request of either Party, as well as judicial or extrajudicial dissolution;c) Impossibility of fulfilling the obligations of this agreement due to unforeseen events or force majeure.
6. Use of TRAKTO and Platform Availability
6.1. The licensing, services, and features of the Platform will be available to the USER daily and at all times, with possible interruptions due to preventive maintenance, which will be scheduled and communicated at least 2 (two) days in advance, or due to necessary maintenance.
6.1.1. Necessary maintenance, resulting from errors or defects in the platform or its server — and not from third parties such as hosting providers — will be carried out as quickly as possible, as soon as they are detected, whether reported by the USER or identified by the CONTRACTED PARTY.
7. Obligations of the Parties
7.1. Neither Party shall be liable for lost profits, indirect, special, incidental, consequential, or punitive damages in relation to the other.7.2. Obligations of the CONTRACTED PARTY:
– Serve USERS without discrimination and in order of request arrival, regardless of whether they are on a FREE PLAN or one of the paid plans described in clause 2.2.2, through the support channels “Email” (contato@trakto.io) or “Chat,” during business hours from 9 a.m. to 4 p.m., Recife - PE time zone, Monday through Friday, at no additional cost, providing clarification of any doubts, receiving suggestions, feedback, and improvement requests related to the platform;
– Be responsible for technical support related to the use of TRAKTO;
– Provide trained professionals for user support;
– Provide USERS with access to new versions, updates, and improvements of services and features available on the Platform, according to the contracted Plan;
– Keep the Pricing Policy up to date and available through the platform’s channels, ensuring transparency for any service, with adjustments limited to those previously stated;
– The occurrence of force majeure or unforeseeable circumstances that prevent the CONTRACTED PARTY from providing services as specified in this agreement will release it from liability;
– Under no circumstances shall the CONTRACTED PARTY be held liable for personal injuries or any incidental, special, indirect, or consequential damages, including, without limitation, loss of profits, corruption or loss of data, failure in data transmission or reception, resulting from or related to misuse or inability to use TRAKTO for any reason. In all cases, the CONTRACTED PARTY’s total liability to the USER for all damages will not exceed the amount of the most recent fee paid by the USER to the CONTRACTED PARTY.
7.3. Obligations of the USER:
– The USER acknowledges that the CONTRACTED PLANS offered by the CONTRACTED PARTY require access to the internet, and it is the USER’s sole responsibility to acquire the necessary equipment, internet service, and technical resources to access TRAKTO. The CONTRACTED PARTY bears no responsibility for interruptions or failures in the USER’s internet connection or related issues and damages;
– The USER may not, under any circumstances, assign, license, sublicense, sell, rent, pledge, donate, transfer in any way, in whole or in part, share their password, or otherwise make TRAKTO or any of its features, information, data, or technologies—considered intellectual property of the CONTRACTED PARTY—available to others, whether for free or for a fee, temporarily or permanently;
– Be responsible for the accuracy and legality of the data and information provided within the TRAKTO platform;
– Notify the CONTRACTED PARTY of any irregularities found while using TRAKTO or any aspect related to this agreement, in order to enable prompt correction;
– Be liable for any misuse of the Platform in violation of this agreement or applicable law;
– Make payments according to the terms and deadlines established in the selected Plan, as set out in the payment clause;
– Any artworks made available may be publicly distributed only if the USER has acquired the rights to do so through the subscription to any plan. Alternatively, instead of subscribing to a paid plan, proper credit must be given to the Trakto platform when using its materials;
– The USER is solely responsible for the materials they produce. Therefore, TRAKTO shall not be held liable for content—including text, images, and other materials—that is illegal under applicable law, including but not limited to content that is pornographic, obscene, immoral, offensive, defamatory, or likely to embarrass any individual or property;
– Access is personal and non-transferable. The USER agrees not to allow multiple people to access the same account, in order to avoid system inconsistencies due to simultaneous access.
8. Password Usage
8.1. It is the sole responsibility of the USER to create a password during registration on Trakto. The USER is entirely responsible for maintaining the confidentiality of the password and for all activities carried out under their account. The USER must keep their account information up to date and promptly notify the CONTRACTED PARTY of any security breach or unauthorized use. The CONTRACTED PARTY shall not be held liable for any misuse of the USER’s password by third parties, except in cases where fault or willful misconduct on the part of the CONTRACTED PARTY is proven.
9. Use and Disclosure of User Data and Confidentiality
9.1. The information obtained through the USER’s interaction with TRAKTO—such as their email address, business address and phone numbers, templates, among others—shall not, under any circumstances, be sold or provided to third parties unrelated to the purpose of this agreement and the licensing herein. However, such information may be used to improve the USER’s experience within the TRAKTO platform.
10. License, Data Security, and Intellectual Property
10.1. The USER is granted a limited, non-exclusive, non-transferable, revocable, temporary, and non-assignable license, authorizing the USER only to use the functionalities of TRAKTO that have been expressly contracted.
10.1.1. The CONTRACTED PARTY does not, in any way, grant any license rights—whether express or implied—over its patents (including, without limitation, any invention, discovery, improvement, or know-how), copyrights, or any other intellectual property rights, regardless of how they were acquired or conceived, whether before or after the effective date of this agreement.
10.2. The CONTRACTED PARTY is responsible for complying with the legally required standards of data security, including the implementation of technical means and measures to prevent loss, unauthorized access, or improper theft of collected registration data.
10.2.1. The CONTRACTED PARTY shall maintain all USER data entered into TRAKTO under strict and absolute confidentiality.
10.2.2. In the event of termination of this Contract, documents created by the USER will remain stored and protected by the CONTRACTED PARTY and may be delivered to the USER through access to TRAKTO. These documents may contain references to TRAKTO.
10.2.3. The CONTRACTED PARTY will make its best efforts to ensure that the integrity and virtual security standards of TRAKTO are not breached. However, given the known advancement of technology related to virtual invasions and breaches, the CONTRACTED PARTY shall not be held liable for any losses, damages, or lost profits resulting from a security breach by third parties.
10.3. All content within TRAKTO that is protected by Intellectual Property rights—including texts, images, recordings, code, and others—belongs to the CONTRACTED PARTY, and its use is covered by a usage license.
10.3.1. USERS are entirely responsible for maintaining the security of their own computer environment, including the use of available tools such as antivirus software and firewalls, keeping them updated to help prevent electronic risks.
10.3.2. All content and material available and/or displayed on TRAKTO—including, but not limited to, graphics, documents, text, software, copyrights, trademarks, computer programs, databases, networks, files, and source code—is the exclusive property of the CONTRACTED PARTY, which reserves all related intellectual property rights. These rights are protected under copyright laws and other applicable Brazilian intellectual property laws, and the CONTRACTED PARTY declares that it holds all necessary licenses.
11. General conditions
11.1. Binding Nature. This instrument binds the Parties themselves and their mutually authorized successors and assignees. The Parties, their successors, and authorized assignees must fully comply with the obligations assumed herein.
11.2. Assignment Prohibition. The USER shall not have the right to assign or transfer this instrument or the rights and obligations arising from it without the prior consent of the CONTRACTED PARTY.
11.3. Attachments. Emails addressing necessary validations for the execution of the object of this instrument, as defined herein, shall be considered attachments to this instrument and form an integral part of it. In case of conflict between any of these documents, except for technical aspects, the terms herein shall prevail.
11.4. Warranties. The USER declares and warrants to the CONTRACTED PARTY that they have the authority to adhere to this instrument, whose “acceptance log” will be stored by the CONTRACTED PARTY.1
1.5. Waiver or Novation. Tolerance by the Parties regarding any breaches of provisions of this instrument, as well as other Terms and any attachments governing this legal relationship, shall not constitute a waiver of rights mutually conferred herein, nor be considered a novation. The remaining clauses shall remain in force as originally agreed.
11.6. Severability. If any provision of this instrument is considered null, voidable, invalid, or unenforceable, no other provision shall be affected thereby. All other provisions shall remain in full force and effect as if the null, voidable, invalid, or unenforceable provision had not been included. If any provision’s application is invalid or unenforceable regarding any subject or circumstance, an adequate and equitable provision shall replace it to make this instrument valid and enforceable to the maximum extent possible, consistent with the intention and purpose of the invalid or unenforceable provision.
11.7. Notifications. All notices, notifications, requests, or communications occurring during the contractual relationship, including communications between the Parties for exchanging information, shall occur through Trakto.io, via email or Chat.
11.8. Updates. This instrument was last updated on 07/17/2020. Considering that both this document and the Platform may be updated or modified at the sole discretion of the CONTRACTED PARTY from time to time due to continuous improvement needs, changes may occur without prior notice and will be made available on the Platform, provided they are duly communicated either on the Platform or by email.
11.9. Governing Law. This instrument is governed by and shall be interpreted in accordance with the laws of the Federative Republic of Brazil.
11.10. Jurisdiction. The competent court of the District of Maceió, State of Alagoas, is hereby chosen as the exclusive forum for resolving disputes and/or controversies arising from this instrument, to the exclusion of any other, no matter how privileged.Maceió-AL, July 17, 2020.
