This document contains the Terms of Use relating to the availability of the EGG SCIENCE Platform and the acquisition by the User of the Services of EGG SCIENCE – Serviços de Desenvolvimento Humano e Empresarial Ltda., a legal entity governed by private law, registered with the CNPJ under no. 41.681.302/0001-50, with its registered office at Rua Huet Bacelar, no. 480, Ipiranga district, in the city of São Paulo, State of São Paulo, CEP 04275-000.
These Terms and Conditions of Use should be read carefully.
1 AGREEMENT TO THE TERMS AND CONDITIONS OF USE
The use of the EGG SCIENCE Platform and the acquisition by the User of the EGG SCIENCE Services, even partially or on a trial basis, will mean that the User is fully aware of all the provisions, and will also mean full and complete agreement with the Terms and Conditions of Use presented here.
The use of the EGG SCIENCE Platform and the acquisition of EGG SCIENCE Services can only be carried out after reading these Terms and Conditions of Use, making it clear that their use and acquisition, in any case, will mean full agreement with the Terms and Conditions of Use presented. If the User does not agree with any of the provisions in these Terms and Conditions of Use, they should not use and/or purchase the EGG SCIENCE Services. Therefore, it is clear and evident that the use of the EGG SCIENCE Platform and the acquisition of EGG SCIENCE Services are not authorized in the event of non-agreement with these Terms and Conditions of Use.
If the User disagrees with the Terms and Conditions of Use after starting to use the EGG SCIENCE Services, the use of the Services must be immediately interrupted, and it is certain that these Terms and Conditions of Use will be in force during the entire period of use and use of the Services, and it is not up to the User to claim ignorance of these Terms and Conditions of Use.
In order to use the website, the EGG SCIENCE Platform or the Services, the User must be at least eighteen (18) years of age or the legal age of majority in their jurisdiction, and possess the legal authority, right and freedom to participate in the Services. The User is not permitted to use this website, the EGG SCIENCE Platform or the Services if this is prohibited in their country or under any law or regulation applicable to the User.
2 DEFINITIONS
The terms listed here, in the singular or plural, shall have the following meanings:
Subscription: one of the ways of accessing the Services.
Certification: the process by which a user acquires the necessary knowledge to use EGG Science tools and assessments properly. Certification is a prerequisite for the availability of the EGG Science platform to the User.
User Account: account held by the User to access EGG SCIENCE Services.
EGG SCIENCEEGG SCIENCE – Serviços de Desenvolvimento Humano e Empresarial Ltda. is the author and owner of the Services that are the object of this Term of Use, having the corporate name EGG SCIENCE – Serviços de Desenvolvimento Humano e Empresarial Ltda.
Service Modalities: how the Services available on the EGG SCIENCE Platform are offered, the modalities of which will be displayed in a visible place on the web platform or mobile application owned by EGG SCIENCE.
EGG SCIENCE Platform: is the Software as a Service (SaaS) owned by EGG SCIENCE, called “EGG SCIENCE”, made available in the form of a web platform or Application, which makes it possible to offer the Services.
Services
– Individual and collective assessments, with personalized reports;
– Assessment management platform, including sending invitations, managing teams, users and respondents, generating and printing results
Terms and Conditions of Use: this document, through which the User expresses their agreement with the conditions of use of the EGG SCIENCE platform.
User: is the person who uses the EGG SCIENCE Platform or acquires EGG SCIENCE Services through a User Account.
3 TYPES OF SERVICES
The Services provided by EGG SCIENCE are carried out and offered according to the Mode adopted by the User.
Any additional and/or complementary Services may be free of charge or not, and those that are not free of charge may only be included in the Services with the express agreement of the User.
By purchasing the Services, the User agrees that he/she is responsible for reading the complete listing of the Services before committing to purchase them.
The prices of the Services will be listed in a visible place on the website or on the EGG SCIENCE Platform. We reserve the right to change the prices of the Services at any time and to correct pricing errors that may inadvertently occur. Additional information on prices and sales taxes is available on the payments page.
The fee for the Services and any other charges that the User may incur in connection with the use of the Service, such as taxes and possible transaction fees, will be charged by their payment method.
4 LICENSE TO USE
These Terms and Conditions of Use regulate the way in which EGG SCIENCE grants the User a personal, non-exclusive and non-transferable license to use the EGG SCIENCE Platform, which must be used in accordance with the rules contained in these Terms and Conditions of Use.
The license of use being granted on a personal, non-exclusive and non-transferable basis, the provision of access data to the EGG SCIENCE platform to third parties constitutes an express violation of these Terms and Conditions of Use, and may result in the immediate suspension of the account of the user in question.
Under no circumstances is the EGG SCIENCE Platform sold to the User, but rather licensed for the User’s use, in accordance with Brazilian law. Its ownership will not be transferred to anyone without the prior, express and specific consent of EGG SCIENCE.
By purchasing only a license to use, the User will under no circumstances have access to the source code of the EGG SCIENCE Platform software.
Use of the EGG SCIENCE Platform must strictly observe all the terms and provisions of these Terms and Conditions of Use. In the event of unauthorized use of these Terms and Conditions of Use, the User will be subject to all the penalties provided for in these general conditions and in Brazilian law, as well as the payment of any losses and damages that EGG SCIENCE may suffer.
Use of the EGG SCIENCE Platform is conditional on the User having an active internet connection. EGG SCIENCE is not responsible for providing internet access services, and it is the User’s sole responsibility to have an internet connection.
EGG SCIENCE will not be held responsible for the inability to use the EGG SCIENCE Platform in the event of a lack of internet connection, whether this is a momentary failure or not.
5 REGISTRATION
Access to the EGG SCIENCE Platform will be carried out by the User through:
a User Account, with login and password, which will be created by EGG SCIENCE, linked to the User’s CPF, the User Account being for personal and non-transferable use, or
an individual link in the format s.eggscience.app/assessment?cf4=user code. This link will give the user access to the assessment purchased, as well as automatically forwarding the corresponding reports to the user.
Registration and use of the EGG SCIENCE Platform must be carried out using valid, complete and up-to-date information, declarations and documents, and the User is responsible, civilly and criminally, for the veracity and accuracy of the information, exempting EGG SCIENCE and its partners from any damage or harm caused by the lack of correct information.
The User will always be fully responsible for the use of their account on the EGG SCIENCE Platform, and must adopt the necessary security measures to prevent use by unauthorized third parties. If they suspect that a third party is misusing their account on the EGG SCIENCE Platform, they must immediately change their personal password and inform EGG SCIENCE of this fact.
Using the EGG SCIENCE Platform improperly, irregularly, illegally or in breach of the conditions set out in these Terms and Conditions of Use will result in the deletion of the registration and the immediate termination of the User’s access to the EGG SCIENCE Platform, subject to legal penalties.
The User or the Institution shall indemnify EGG SCIENCE, its partners, collaborators, employees, customers and/or third parties harmed by any loss, claim or demand, as well as any and all damages resulting from the improper use of the EGG SCIENCE Platform in disagreement with the provisions of this instrument and applicable legislation.
EGG SCIENCE may permanently or temporarily terminate or suspend your access to the Service and the EGG SCIENCE Platform without prior notice and liability for any reason, including if, in EGG SCIENCE’s sole and exclusive determination, the User violates any provision of these Terms or any applicable law or regulation. The User may discontinue use and request cancellation of the User Account and/or any service at any time. Notwithstanding any provision to the contrary with regard to automatically renewed Subscriptions to paid Services, such Subscriptions shall be discontinued only after the end of the respective period for which the User has already made payment.
6 MEANS OF PAYMENT
The means of payment for the Services are available on the website owned by EGG SCIENCE at the time of payment by the User.
Access to the Services will be available from the moment EGG SCIENCE verifies the payment made by the User. If payment is not confirmed, EGG SCIENCE may notify the User by e-mail, SMS orpush, a direct communication tool with the User.
7 MINIMUM REQUIREMENTS FOR USING THE EGG SCIENCE PLATFORM
To use the EGG SCIENCE Platform, the User must have an active internet connection.
The requirement for using the Software is access to the EGG SCIENCE Platform via a web platform or via an Application owned by EGG SCIENCE in a Mobile Application Store, be it the Apple Store, Google Play or any other store where the User’s Application is available for download.
Access to the EGG SCIENCE platform is limited to users who have satisfactorily completed the EGG SCIENCE Certification for each of the assessments they wish to use. Training and the Certification exam are an integral part of the services offered by EGG SCIENCE within the license of use.
8 INTELLECTUAL PROPERTY
The User does not acquire, by purchasing the Services, any intellectual property rights or other exclusive rights, including patents, designs, trademarks, copyrights or any rights to confidential information or business secrets, as well as all the content made available on the website, including but not limited to texts, graphics, images, logos, icons, photographs, editorial content and any other material related to EGG SCIENCE.
All content made available on the EGG SCIENCE website and platform, including, but not limited to, texts, graphics, images, logos, icons, photographs, editorial content, notifications, software and any other material is the exclusive property of EGG SCIENCE or is duly licensed by it, and may not be copied, plagiarized, reproduced or published in any medium (physical or virtual).
The User is prohibited from modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, making available, licensing or creating derivative works from the information collected on the website or on the EGG SCIENCE Platform, as well as transferring or using such information, software, products or services for commercial purposes, under penalty of violation of this instrument and characterization of a legal infraction.
EGG SCIENCE reserves all rights to the Products and Services on the EGG SCIENCE website and Platform.
The use of tools, scripts, software, robots or means that contain any viruses, worms, malware, trojans and/or other computer programs that may cause damage to EGG SCIENCE is expressly prohibited.
9 UPDATE
The website and the EGG SCIENCE Platform, although guaranteed to function properly, are subject to constant modifications, resulting from optimizations and improvements, which aim to make their operation easier, safer and more efficient, to make better use of the resources made available, as well as to make the relevant changes due to changes in legislation.
The User shall have the right to access new versions of EGG SCIENCE Services for the duration of their license.
Users hereby agree to any modifications, improvements or corrections to the software model they are using, and EGG SCIENCE will be responsible for managing and implementing these updates.
10 ACCESS AND FUNCTIONALITY RESTRICTIONS
Access to the programming areas of the website and the EGG SCIENCE Platform, its database or any other set of information that is part of the system’s programming, carry out or allow to be carried out any type of reverse engineering, translation, decompilation, copying, modification, reproduction, rental, sublease, sublicensing, publication, disclosure, transmission, loan, distribution or, in any other way, the provision of consultation tools of this platform and its functionalities to third parties without the prior and express authorization of EGG SCIENCE, with those who do so being subject to criminal and civil liability under Brazilian law, without prejudice to the obligation to repair the damages they cause. This restriction includes any attempt to incorporate any information from the EGG SCIENCE Platform into any other directory, product or service.
It is forbidden to use spider/crawler or data mining programs, the purpose of which is to break security systems, passwords, captcha, or any other related type or kind, in addition to others not typified herein, but which act in an automated way, either to carry out mass operations or for any other purpose, under penalty of application of the related legislation protecting EGG SCIENCE’s interests, without prejudice to the obligation to repair any losses and damages eventually determined and/or borne by EGG SCIENCE and arising from this improper use.
The collection of any personally identifiable information and the registration of other EGG SCIENCE Platform Users for any purpose is also prohibited.
11 USER OBLIGATIONS
The User’s obligations are, without prejudice to the others provided for in these Terms and Conditions of Use and in the relevant legislation:
The User undertakes to:
- comply with the provisions of these Terms and the laws governing the use of these Terms, using them exclusively for the purpose for which the Service was intended;
- not disclose their access data to third parties, nor allow the use of such information by third parties, taking responsibility for the consequences of the use of their registration, since these are personal and non-transferable, and must notify EGG SCIENCE immediately, by secure means, of any unauthorized use or access to their account by third parties.
- use the Services and the EGG SCIENCE Platform exclusively for the purpose for which they are intended, refraining from transmitting and storing data and information that cause damage to third parties; violate the law, morality, good customs; intellectual property; that incorporate viruses or other physical or electronic elements that may damage or prevent their normal use;
- only use equipment that is capable and able to meet the minimum configuration requirements necessary to use the software, as well as the correct handling of the program;
- not access the EGG SCIENCE Platform and the Services under someone else’s information, using the data of another User who is not legally responsible.
- keep their data up to date, so as to make it impossible for someone else to access their User registration;
- keep your computer or mobile device free of viruses or similar, thus providing greater security for data/information traffic and storage;
- to keep their registration details duly updated, failing which all notices and notifications sent to the addresses on the said register shall be deemed valid;
12 GUARANTEES AND RESPONSIBILITIES
EGG SCIENCE ensures the functionality of the EGG SCIENCE Platform and its Services, as long as they are duly used by the User in accordance with EGG SCIENCE’s instructions, for the duration of the use license contracted by the User.
This warranty shall not apply in cases where any non-conformity or defect is exclusively caused by:
- Any associated or complementary computer program whose joint use has not been expressly authorized by EGG SCIENCE;
- Unauthorized modification or use of the Services in disagreement with the rules and provisions of these Terms and Conditions of Use and/or the instructions provided by EGG SCIENCE;
EGG SCIENCE is not responsible for damage caused to the system by computer viruses, power failures, interruptions to the Internet connection, updates or failures inherent to the third-party hosting server or any other cause not directly associated with EGG SCIENCE.
EGG SCIENCE does not guarantee that its website, the EGG SCIENCE Platform and the Services are error-free. EGG SCIENCE will, however, use its best efforts to remedy any programming errors that the website, the EGG SCIENCE Platform and the Services may present.
It is assumed, for the purposes of these general conditions, and the User expressly agrees, that there is a worldwide consensus that no computer program is totally free of errors or totally invulnerable; in the light of this consensus, in the event of any defect in the software, EGG SCIENCE reserves the right to be called upon to try to resolve it before any liability is attributed to it or any compensation or indemnity is required.
This guarantee assumes that the EGG SCIENCE Platform, which is the subject of this contract, is operated in a software and hardware environment of suitable origin, in a network system and electrical installations that are suitable and free of problems, and within the minimum configuration required by EGG SCIENCE. Unsuitable hardware is that which originates from an unknown or non-legally constituted manufacturer, or is assembled in clandestine installations, smuggled or any other where there is no express and valid manufacturing guarantee for all or parts of it.
The guarantees stipulated in this clause do not cover problems, errors, damages or losses arising from decisions made on the basis of information, whatever that may be provided by the program(s), nor do they cover defects or errors arising from the User’s negligence, imprudence or malpractice in using the EGG SCIENCE Platform, or problems arising from acts of God or force majeure.
The User is fully responsible for the information entered on the EGG SCIENCE Platform. Any and all information entered on the EGG SCIENCE Platform by the User will under no circumstances be reviewed by EGG SCIENCE, which will under no circumstances be responsible for the content entered by the User on the EGG SCIENCE Platform.
Under no circumstances will EGG SCIENCE be held liable for any direct or indirect, physical, technical, economic or fiscal damages, such as, but not limited to, losses and damages, loss of profits, consequential damages, business interruption or other damages arising from the use or inability to use the EGG SCIENCE Platform.
The User shall indemnify and hold EGG SCIENCE harmless from any demands, losses, liabilities, claims or expenses (including attorney’s fees), made against it by any third party due to or arising out of or in connection with the use of the website or any of the Services offered.
In the event that the training or certification referred to in the Services is canceled for any reason, the User may opt to choose another event date at no additional cost or request a full refund of their purchase.
13 EGG SCIENCE’S LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, under no circumstances will EGG SCIENCE be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use of data or other intangible losses, arising out of or in connection with the use or inability to use the service.
To the maximum extent permitted by applicable law, EGG SCIENCE assumes no liability for any (i), errors or inaccuracies in content; (ii) personal injury or property damage of any kind resulting from your access to or use of our Service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored thereon.
EGG SCIENCE is not responsible for the availability, quality and maintenance of such telecommunication services and the User understands that telecommunication service conditions may affect the experience of the Services. EGG SCIENCE shall not be held liable for any problem related to the Service arising directly or indirectly from inconsistencies or failures in mobile telephony devices and/or telecommunication services.
EGG SCIENCE will not be held responsible for the above:
- For failure to operate, operation by unauthorized persons or any other cause for which EGG SCIENCE is not at fault;
- by “unforeseeable circumstances” or “force majeure”;
- for problems arising from the actions of third parties that may interfere with the quality of the Service;
- for damages caused to third parties due to contracted services and content generated through the EGG SCIENCE Platform;
- for reviewing the information provided by Users, whether with regard to the veracity, accuracy or completeness of the data, legality or legal violation as a result of the provision of this information;
- for personal injury or any incidental, special, indirect or consequential damages, including, without limitation, damages for loss of profit, corruption or loss of data, failure of transmission or reception of data, non-continuity of business or any other damages arising out of or in connection with its use or the User’s inability;
- for any fraud, fraudulent misrepresentation or breach of duty, or breach of any of the conditions of these Terms and Conditions of Use by the User;
- due to connection failures, especially with regard to the impossibility for Users to access the Internet.
EGG SCIENCE will endeavor to keep its content up-to-date and complete, free of any defects or viruses, but will not be held responsible for these or any other possible problems that are not caused directly and exclusively by EGG SCIENCE. It is hereby agreed that EGG SCIENCE may change the content at any time, without prior notice.
14 RESCISSION
The User who purchases the Services shall have up to 24 (twenty-four) hours before the date of commencement of use of the Services to cancel his/her subscription and request a refund of 100% (one hundred percent) of the amount paid.
- In the case of a subscription purchase, during the term of the initial contract, the User acknowledges that the monthly fee includes the financing of the Training and Certification services throughout this period. Cancellation at any time after starting to use the Services will result in an early termination penalty equal to 50% (thirty-five percent) of the amounts still due.
- The User’s failure to comply with their financial obligations to EGG SCIENCE will result in the suspension of services by the company. These services will only be re-established once the User has cleared all debts up to the requested date of re-establishment.
- During the period of suspension of services, the User will not have access to the EGG SCIENCE platform.
- After completing the term of the initial contract, the User may terminate their subscription at any time, with 30 days’ notice, free of charge.
In the cases provided for in this Clause 14, reimbursement, if applicable, shall be made by the same means of payment used for the purchase and according to the availability or financial restriction of the operator used.
Cancellation, termination and refund requests must be made formally by e-mail: legal@staging.eggscience.com
15 PRIVACY POLICY
Please consult EGG SCIENCE’s Privacy Policy at the following link: http://staging.eggscience.com/politica-de-privacidade/, which forms an integral part of these Terms and Conditions of Use.
16 OTHER CONDITIONS
The User agrees to EGG SCIENCE sending or simply making available, by any means, articles, texts, news or any other forms of communication, developed by EGG SCIENCE itself or by its partners, whenever it deems that such communications are of interest to the User.
The User agrees to receive promotional messages and materials from time to time by post, e-mail or any other contact form provided to us (including their telephone number for calls or text messages). If the User does not wish to receive such promotional materials or notices – please simply notify EGG SCIENCE at any time.
EGG SCIENCE reserves the right, without prior notice, to change the Services, stop providing the Services or any features of the Services offered or create limits for the Services. EGG SCIENCE may terminate or suspend, permanently or temporarily, access to the Services without prior notice and liability for any reason or no reason, guaranteeing a refund to the User, as the case may be.
EGG SCIENCE may modify these Terms and Conditions of Use at any time by publishing the new version on its website. The new revised Terms and Conditions of Use will come into force within 10 (ten) days from the date of their publication or delivery to the User, unless the User expressly accepts the revised contract before then by clicking on the accept button. Express acceptance or continued use of the EGG SCIENCE website and Services after expiry of the ten (10) day notice period shall constitute full acceptance of these Terms and Conditions of Use.
The provisions of these Terms and Conditions of Use are irrevocable and irreversible and bind the parties and their successors in title. The parties acknowledge, for all legal purposes and effects, that these Terms and Conditions of Use constitute an extrajudicial executive title, subject to specific execution, in accordance with the provisions of the Code of Civil Procedure.
The jurisdiction of the District of São Paulo/SP is hereby elected, with waiver of any other jurisdiction, however privileged, to resolve any issue arising from these Terms and Conditions of Use.