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I. PRESENTATION
Elefante - A service provided by:
eCentry Tecnologia da Informação Ltda.
CNPJ number. 03.407.823/0001-24

The present agreement establishes the obligatory terms that will govern the legal relation between the Elefante website and its Users (individually referred to as User).

The present agreement of use is a contract, and, even though it is settled by electronic means, it is effective and has legal value, in accordance with the current civil legislation. (Articles 422, and 425 of the Civil Code, Law number 10.406/2002).

This contract aims to assert the compliance with a transparent, private, and safe policy for both parties involved, one which allows the best use for its Users.

As you access the Elefante website and register, it is necessary that you read and agree to the terms of use, which in turn might be updated, in order to adequate itself to the current legislation. The User will be notified upon changes in the terms of use, be it via e-mail or by means of announcements on the main page.

As you contract Elefante's services, it is necessary that you abide by certain duties, as described below. If these duties happen to be violated, this contract will be automatically annulled and eventual judicial measures might be taken forth in case any harm is caused to the provider of the services and/or any third parties.

If the annulment of the present contract happens to be the User's exclusive responsibility, he/she will not be refunded of the sum effectively paid.

The User has access to the present Terms of Use at any time, by accessing the following page http://www.elefante.com.br/terms/

Likewise, the User will be able to store the present instrument in face of the following procedure: in every page of this website, one can access the link to the Terms of Use, located at the bottom of the page, and further access the device 'save as', or similar, located on the menu of your browser. Or, if preferred, the User can print out the present agreement for further analysis, or as a contract registration signed by both parties.

After the careful reading of the content of this contract, the User must manifest, in the acceptance box, the agreement with the terms. In case of agreement with the terms of use of services, check the corresponding option.

In case of acceptance, the duties and norms hereby transcribed will have been considered read and shall be obligatorily followed. From the moment the services in this website start being used on, the acceptance to this term will start being ratified, indicating that the User has read and agrees to abide to what has been put forward in the Terms of Use.

II. ON THE SERVICES USED:

Elefante offers the services of virtual planner, providing people with a means to organize their every day activities and to manage their contacts.

The offering virtual services is not subject to any type of previous authorization because of the simple fact that it is provided by electronic means.

The website is liable for the performance of the services that it offers to its Users, but it is not liable for acts performed by third parties.

The services provided by Elefante will only be offered as long as the website is online and available for access. If the access to the website becomes temporarily interrupted for maintenance or any other reason, the rendering of services will be automatically interrupted.

In case there is an incorporation of new services in the Elefante website, the services will be included in the present Terms of Use, automatically befalling to the rules already in effect.

The User is aware of, and agrees, that the service is provided by the Elefante website, in face of access via World Wide Web, by using one's own devices in order to do so, in full responsibility of the necessary technical equipment, such as a computer, modem, etc, as well as the internet access provider.

The manifestation of will of the parties, regarding contracts realized by electronic means, is settled at the moment of agreement of the terms of this contract. This manifestation will always be considered as the User's complete agreement and understanding with the terms of use.

As a User registers on Elefante, he/she will automatically receive an e-mail from the system containing the confirmation of his/her subscription in his/her registered e-mail in the website. In this e-mail will be present the option to cancel the account, in case it comes to be necessary.

At the moment of registration, a message will once more be sent to the e-mail supplied in the registration, containing the confirmation of registration, the confirmation of the plan chosen, and the period of contract of services.

If the personal information available on the confirmation e-mail is incorrect, or does not belong to the User, the recipient will be able to cancel the account by clicking on the appropriate link that will be supplied in the e-mail. If the User happens to verify any inaccurate information, he/she will be able to access the 'My Information' area in the website and correct the information at any time.

As long as this contract is valid, the Elefante User will have the right to use the service for as long as he/she likes, not being the website obliged to refund fees that have already been paid for, in case the User happens to give up of the services hired.

The payment of the hired service will be made by means of credit card.

Elefante offers the following services:

- Free Plan User: After entering the information at the moment of registration, the User is requested to supply information about his/her profile in the 'My Information' area. After the conclusion of this step, the User will have access to most of the features in the website, being able to use the appointment, birthday, contacts, and tasks planner. The User will also be able to choose to receive e-mails reminding him/her of birthdays every single day. The User's profile information may be viewed and modified by the user at any given moment in the 'My Information' area, which can be found on the main menu.

- VIP Plan User: The Paying User counts with special privileges, besides all the features already available for free Users. The Paying User will have the right to use the service throughout the period chosen, not being the website obliged to refund the amounts that have already been paid for by the User, in case he/she gives up on using the services within the period that the contract is still in effect. The Paying User will also be able to use Elefante's virtual drive, opt to receive appointment reminders via e-mail, and appointment and birthday reminders via SMS. To remain as a Paying User, the User must pay a periodic fee. The prices can be found in the price table of services available for hire. These prices may be adjusted throughout the year, but the Paying User will be previously notified up to 30 days before the adjustment. The registration and the supplying of profile information are mandatory. As soon as the registration is complete, the paying User will receive an e-mail containing the registration confirmation. The User will then be required to proofread the information supplied at the moment of VIP Plan registration, the authenticity of the information supplied, and will be then be able to either confirm the information, modify it, or cancel it, in case the information does not match reality. The canceling of the Paying User PLAN may be performed by him/herself, at any time, and will imply on the deprivation of the benefits belonging to this category, and on his/her automatic demotion to the Free Plan User category, not being the User entitled to receive any refunds.

The payment of the plan can be made with the following credit cards: American Express, Visa, MasterCard, and Dinners Club.

III. ON THE ASSOCIATION

The Elefante User commits him/herself to supply truthful, precise, current, and complete personal information at the moment of registration. The VIP Plan User also agrees to be charged of the established fees, and to keep any information he/she may come to change always updated in our records.

As a person visits any page on the Internet, the required URL or IP (Internet Protocol) is automatically saved, as well as the date, time, and browser software used.

The mentioned data helps Elefante to keep a detailed record of its Users' account, helping in the selection of promotions, offers, products, and services that will assist in making this website even more useful to its Users.

Elefante may provide statistical aggregated data about purchases, consumption profile, and browsing patterns of its Users and fitting third parties.

At the moment of association, the User may voluntarily provide a number of personal information through surveys, sales promotions, questionnaires, all offered either by Elefante alone, or in association with third parties.

Such personal information, voluntarily provided by our Users through survey answers, questionnaires, and registration, is strictly confidential and is used exclusively in order to improve Elefante's knowledge about on-line services.

Elefante may establish an agreement with other companies in order to provide special offers, sales promotions, and/or subscriptions. In such cases, Elefante requires these companies to include the information concerning its privacy policy in these offers, or promotions.

Every trade of non-secret User information to partners and/or Elefante's affiliates will abide by the terms established here, and those who violate what is hereby written, will be judicially tried. Non-secret information is hereby established as the information that is available in the Users' profile, which is found available for third parties' access.

The electronic address supplied at the moment of registration will only be used with the User's consent to answer doubts, to send information, as well as to inform the User of services offered by the website.

You may remove your information from our website at any moment, you only have to access the 'Cancel Account' link on the page 'My information'. The disclosing of your information to third parties, and to other users at Elefante is of your entire responsibility.

The supplying of false information, or the supplying of third parties' information is considered a crime, as qualified in the Brazilian Penal Code. If any harm is done to third parties or to Elefante due to any illegal acts resulting from its User's actions, the User will be compelled to answer for the loss and harms that he/she caused.

Under these conditions, Elefante is entitled to terminate the membership at the exact moment it acquires knowledge of falsehood or ill intended actions on the part of the User, and to hinder future attempts of the User to register on Elefante.

In case of suspicion or strong indications of ill use of the services on the part of the User, Elefante will be entitled to temporarily, or indefinitely, interrupt the User's access to the website. This may be done by means of a previous e-mail notification, as well as the turning down of the User's future attempt to register, in case the User breaches one of the terms hereby stated. 1.
In such case, Elefante will not be required to refund the fees effectively paid by the User.

The User must choose a password for personal identification throughout the registration process, being the User alone liable for his/her password and for keeping it secret.

The User agrees to notify the Elefante staff about any unauthorized use of his/her password, as well as any security breach that may happen.

IV. ON THE ANNULMENT OR CANCELLING OF THE TERMS OF USE

Your association may be cancelled at any moment, and for whatever reason, the User must only access the website using his/her e-mail and password, and click on 'cancel account'.

The present terms of use may be cancelled or interrupted by Elefante without prior notice, in case there is any violation of the terms specified in this contract, in accordance with article 474, first part, from the Civil Code. Even though not legally obliged, Elefante may notify the User of the canceling or interruption of the terms of use via electronic address.

In the case of canceling of the present contract, resulting from the violation on the part of the User of whatever term hereby specified, Elefante will not be required to refund any fees effectively paid by the User.

V. ON THE SENDING OF E-MAIL AND SMS

Elefante cannot guarantee the accuracy of the sending time of e-mail and SMS, due to the fact Elefante itself is subject to third parties in the sending process.

In both cases, Elefante will request a delivery time for the third party, be it an Internet Server or a Telecommunications Operator. However, due to the specificity of the transmission processes, it cannot guarantee that the message will be delivered on time after having assigned the service of sending to a third party.

In the sending of SMS, regardless of delays or sending problems on the part of the Operator, if the message has already been sent to the Operator, SMS credits will be deducted from the Users' credits which refer to the sending of SMS messages.

The user will not be refunded of SMS credits that were not delivered on time, or not delivered at all, due to problems on the part of the Operator.

VI. ON THE AUTOMATIC RENEWAL

In the agreement to this Terms of Use, the User authorizes the automatic renewal of his/her plan, by credit card payment, at the moment it expires. Thus, at the moment of expiration, for your own comfort, a new periodic subscription will be automatically charged from your credit card.

If this option does not fit into your preferences, you may cancel the subsequent renewals in 'My Account' area at any time, not being entitled to any refunds on the part of Elefante regarding the periods that have already been paid for.

ATTENTION: At the expiration of the User's plan, he/she will have his/her plan automatically renewed, BEING THE ESTABLISHED PRICE CHARGED FROM THE USER'S CREDIT CARD REFERRING TO THE RENEWED PLAN SUBSCRIPTION.

The User may use credit cards such as American Express, Visa, MasterCard, and Dinners Club to schedule charges regarding the services provided by this website.

VII. ON THE PRIVACY POLICY AND SAFETY

Elefante has a privacy and safety policy that aims at protecting its Users against the ill use of his/her personal information by third parties.

Elefante will not sell, nor share its Users' personal information with third parties. Elefante will only disclose your information with your consent, or in face of a law order. If the User makes his/her information available in the website for third parties, the User will be solely liable for the use that these third parties make of the information.

To guarantee your safety, it is advisable that you periodically change the personal password that gives you access to your data, and that you do not disclose it to third parties.

Elefante will request the Users' password whenever it finds necessary, in order to perform certain services, or to unblock the system.

In case the User forgets his/her password, Elefante will send a new password to the User's electronic address (the one supplied at the moment of registration).

In the event of changes on Elefante's safety policy, the User will be notified, be it via e-mail, or by means of announcements in display on Elefante's home page.

VIII. ON THE SAFETY POLICY

Elefante uses the state-of-the-art and most adequate technology available in the market in order to guarantee the safety and protection of its data against unauthorized people and against inappropriate use.

Your personal password is confidential and encrypted, which guarantees its secrecy. Only by means of your personal password that you will be able to change your personal information. We advise you to use a sequence of digits or letters that do not directly identify you.

The information supplied by you is strictly confidential, for instance, the number of your Credit Card is not stored in a server directly connected to the Internet.

Any commercial transaction with the purpose of payment and charge is encrypted before any data transmission is performed between Elefante and the bank.

Elefante strives to offer an excellent service and, for that to be so, it is based on the legislation in effect in the Country, and trusts in the good faith of its Users while providing them with excellent services.

Elefante may change, add, or remove portions of the terms presented in this agreement, as well as add new rules or features at any time, but if it does so, it will post such changes on the Home page, or report them to you via e-mail.

If Elefante happens to be sued by the justice for any actions committed by its Users, it has the right to retrieve whatever amount spent with lawsuits against the person who pressed charges, exercising its rights to recourse.

Elefante does not take responsibility, and will not be held liable for the use that third parties make of the information that the User may have disclosed to these parties, such as the password, e-mail, or similar information.

IX. ON COOKIES

From this agreement on, the user expressively authorizes Elefante to use features including, but not limited to 'cookies', in order to provide a better, and more personalized service.

Cookies are small information files stored in your computer that are sent by your browser to our servers.

The User can set up his/her browser to accept, reject, or be notified when a cookie is sent.

Since each browser does this in a particular way, check the 'help' tool in your browser to learn how to change your preferences on cookies.

ATTENTION: If the User chooses to reject all cookies in his/her browser, he/she will not be able to use all the features that our system offers.

Elefante uses its own cookies for several purposes, such as:

- To check the information at the moment of access, in order to provide a personalized content;

- To provide advertisements which are adequate to the User's profile;

- To keep track of the web traffic;

- To carry out researches in order to improve the content and services provided by Elefante.

Elefante allows other companies, ones that are rendering advertisement services, or that are advertising their products by means of our services, to have access to the cookies on your computer. The use of cookies by these parties is of their responsibility, and the use is dealt with in their respective privacy policies, and not in this contract.

Advertisers, or any other company, do not have access to Elefante's cookies.

X. ON THE USER'S OBLIGATIONS

The User is solely liable for the personal information that he/she supplies to Elefante.

The Elefante User must supply truthful, precise, current, and complete personal information. Each user is solely liable for his/her personal information.

Elefante will not be held liable for the veracity of the information supplied by its Users.

The supplying of false information is considered a crime of slanderous report, exemplified in the article number 299 of the Penal Code, and the punishment may be established as one or two years of reclusion and a fine.

Damages caused to third parties due to the use of slanderous information on the part of the User will subject the User to the penalties of the law, and Elefante will hold the right to recourse.

The User cannot advertise, cannot disclose political opinions, nor request any other User to act on his/her behalf, unless it is by means of power of attorney.

The User cannot make use of third parties to perform any actions, purchases, sellings, nor the canceling of any products or services within the website, or in any other form of communication offered by Elefante.

The User cannot forward chains, nor spams, to other Users.

The User cannot use the website to disclose any illegal or abusive practice, that is, nothing that may cause harm or damage to third parties.

The User will keep all the information supplied by Elefante in secrecy, and is not authorized to yield them, nor disclose, without Elefant's consent.

The User is entirely liable for the content of the messages that he/she may come to exchange with other Elefante Users.

The User cannot intentionally, nor unintentionally, violate any of the legal norms presented in the Brazilian and International legal systems; neither can he/she allege lack of knowledge of the norms presently in effect in these systems.

The User may not intervene in the transmission system belonging to Elefante, nor copy, reproduce, duplicate, or make use of the content for whatever ends, being thus made completely liable for any illegal acts involving these requirements.

Upon the violation of whatever terms present in this Terms of Use, Elefante may, at its own criteria, cancel the User's registration, not allowing him/her to have any rights regarding indemnifications or refunds of sums that have already been paid for.

XI. USER'S REGISTRATION

The User's registration is individual, personal, and nontransferable.

Elefante emphasizes that the services provided aim at abiding to and respecting the norms of moral and good manners, not being liable for its Users' actions that may come to infringe the rules of conduct hereby stated.

XII. ON THE RIGHT OF ELECTION: CONSUMER'S RIGHTS

In accordance with the legislation in effects, the right to settle eventual controversies that may arise from this contract is that of the consumer's rights.

XIII. ON THE ILL USE OF THE INTELLECTUAL PROPERTY

eCentry Tecnologia da Informação Ltda. is the owner of every right referring to the Brand, such as the title, and services offered by means of your website. We do not authorize the reproduction, transmission, nor any exploitation or misuse of the content of the website, be it commercial or personal.

The exploitation or transmission, be it total or partial, of the contents of the website, or its misuse, will result on legal penalties towards the party that infringed the norms.

XIV. ON THE ATTACHED MATERIAL

The user cannot copy, reproduce, transmit, distribute, publish, explore, or transfer any of the material, be it of any format, electronic or not, for personal and/or financial ends.

XV. ON LINKS

Elefante may occasionally contain links that give access to other websites belonging to our partners and/or affiliates, or to features on the Internet. If the User enters a website by means of these links, the law relation, from that moment on, no longer entails Elefante. It will entail the User and the website being browsed by the User.

XVI. ON FINAL STATEMENTS

This agreement is governed by the rules of Brazil and it complies with the Brazilian legal system, with the general principles and international laws of electronic commerce.

In case the User does not agree with a determined clause stated in this Agreement, and obtains its annulment by legal means, the additional clauses will not be harmed and will remain effective.

I HAVE READ AND I UNDERSTAND THE TERMS AND DISPOSITIONS IN THIS TERMS OF USE AND I AM AWARE OF ITS ENTIRE CONTENT, THUS ACCEPTING ITS CONDITIONS.
 
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