1. INTRODUCTION
1.1. These Terms and Conditions – EasyDesk (“T&C”) has been prepared by A5 Solutions Serviços e Comércio em Telecomunicações Ltda. (“A5”) with the aim of determining what you can expect from A5 and what we expect from you when using the EasyDesk software (“EasyDesk”) marketed by A5. Here are the rules for using EasyDesk by you and the rules applicable to A5 as a service provider.
1.2. We recommend that you read and understand this document and, when using EasyDesk, that you agree to the conditions informed herein.
1.3. By using EasyDesk, you also agree to the terms of our Privacy Policy which integrates and supplements these T&Cs by reference.
1.4. These terms apply to all users. If any term or provision of these T&C is declared by a court of competent jurisdiction to be illegal or in conflict with any law, this shall not aƯect the validity of any other terms.
2. HOW DOES EASYDESK WORK
2.1. EasyDesk is a software licensed by A5 that aims to capture and integrate messages exchanged through applications on corporate cell phones so that your company can have control and knowledge about communications between your employees and your customers.
2.2. The capture, archiving, knowledge and integration of messages exchanged between its employees and its customers arises not only from the need to provide better service to its customers, centralizing all interactions with a particular customer, but also to comply with legal obligations, such as the LGPD, in addition to confirming any commitments made by its employees to its customers.
3. HOW EASYDESK SECURES THE RIGHTS OF THIRD PARTIES
3.1. EasyDesk only captures messages that are on your corporate phones, enabled through corporate communication contracts on your behalf.
3.2. EasyDesk does not infringe any rights of third parties and fully complies with all the provisions of the Terms and Conditions of use of the applications through which the captured messages were exchanged.
3.3. And to ensure this, EasyDesk (i) does not send any type of bulk/automated message, (ii) does not send automatic replies or any type of automated engagement (e.g. chatbot), (iii) does not make WhatsApp calls using the desktop, (iv) does not send messages through a single number (company). And A5 (i) does not distribute, sell, resell, or rent business services of any kind provided by the companies that own the messaging applications, (ii) does not distribute or make available any type of business services on a network for use by multiple devices at the same time, and (iii) does not copy, reproduce, distribute, publicly perform or display, modify, or make derivative works based on all orany part of the business services provided by the companies that own the messaging apps.
4. AVAILABILITY OF EASYDESK
4.1. We cannot guarantee that EasyDesk will be available at all times. We may experience hardware, software, or other issues, and we may also need to perform maintenance related to our services, which may result in interruptions, delays, or errors. We may also need to modify, suspend, or stop oƯering our services without notifying you.
4.2. The levels of services oƯered, warranties and management and maintenance procedures are described in detail in the contract entered into between A5 and your company.
5. WHAT YOU CAN EXPECT FROM A5
5.1. A5 is dedicated to providing communication solutions between companies and their customers and we are always focused on developing, improving and updating our services. We constantly invest in technology and resources to achieve this goal, and as part of this, we may add or remove features, modify usage limits, as well as oƯer new services or terminate those previously oƯered.
5.2. We may also make changes to EasyDesk to:
- Prevent abuse or harm
- Respond to legal, regulatory, safety, or security questions
- Respond to changes in licenses and partnerships we have with others
- Adapting to new technologies
- Adapt to changes in the number of people using EasyDesk
5.3. We will also update EasyDesk to comply with relevant laws and regulations. You can expect us to meet legal safety standards. We can also automatically update EasyDesk to combat high security or safety risks.
5.4. We do not claim Intellectual Property Rights over the data you generate in EasyDesk and we will not use the data you generate independently. We will also not use any of your content without your permission for purposes other than those stated herein.
5.5. We may monitor EasyDesk data for violations of these terms and may take appropriate action against anyone who, in our judgment, violates the law or these terms. For example, we may refuse or restrict access (including, but not limited to, blocking certain IP addresses) to and the data you upload, and we may take other actions designed to protect our rights or property or facilitate the proper functioning of EasyDesk.
5.6. We store and process your data with security measures in place to prevent unauthorized users from gaining access to it. The data you upload is processed automatically and can be deleted at your request.
5.7. A5 also informs all parties involved about all obligations and information that must be provided, whether to its employees or its customers, in order to ensure that everyone involved in the operation of EasyDesk is fully aware of all data processing carried out, especially and including Personal Data.
6. WHAT WE EXPECT FROM YOU
6.1. Even with permission to use EasyDesk, we reserve our Intellectual Property Rights that we have in them. This includes, for example, all source code, technical capability for data synthesis, databases, functionality, software, technology, videos, website designs, text and graphics, as well as their design and organization. This also includes our trademarks, trade names, and logos. We ask that you do not copy, reproduce, republish, upload, publicly display, distribute, sell, license, or use any portions of our services. You must not use any part of EasyDesk or our services to research and develop products, models, and services that compete with A5.
6.2. We want to maintain a respectful and safe environment for everyone involved and ask that you follow these basic rules of conduct when using EasyDesk:
- Respect the rights of others, including their Intellectual Property Rights, rights of publicity and Copyrights
- Do not abuse or harm others or yourself, for example by deceiving, defrauding, illegally impersonating, defaming, threatening, intimidating, or harassing others
- Do not abuse or interfere with our services, for example, through malware, spam, hacking, or bypassing our systems or protective measures.
6.3. By using EasyDesk, you confirm that:
- You will not use EasyDesk for any illegal or unauthorized purpose
- Your use of EasyDesk will not violate any applicable law or regulation.
6.4. By uploading data to EasyDesk, you confirm that you are the owner of these files or that you have the necessary rights and permissions to use these files.
6.5. We do not proactively monitor data uploaded to EasyDesk. You are responsible for the data you upload and generate using EasyDesk. We may be required to take action if we discover that the data you upload or upload violates the law or these terms.
6.6. As a user of EasyDesk, you agree not to use it to:
- Violate any national or international law
- Violate the rights of others, or in any way that is unlawful, threatening, fraudulent, or harmful, including content that discriminates against people on the basis of their race, color, national or ethnic origin, religion, age, sex, sex, sexual orientation and/or preference, or physical disability
- Violate the rights of others, including, but not limited to, infringing Copyright, right of publicity, image right and/or any other Intellectual Property
- Rights, or defaming a third party or casting a third party in a false light
- Fraudulently impersonating other people or companies
- Exploiting or harming minors
- Harass or threaten any person or promote violence against a specific person or class of people
- Trick or deceive us or other users, especially in an attempt to learn sensitive account information, e.g., user passwords
- Disabling, interfering, or circumventing security-related features of EasyDesk
- Interfere with, disrupt, or create an undue burden on EasyDesk or the networks or services connected to our
- Engage in any automated use of the systems, for example, by using scripts to send comments or messages, or by using any data mining, robots, or similar data gathering and extraction tools
- Copy the EasyDesk software, including all the code
- Reverse engineer, decompile, translate, or attempt to discover the source code or underlying components of EasyDesk models, algorithms, and systems
- Harass, annoy, intimidate, or threaten any of our employees
- Misuse our support services or submit false reports of abuse or misconduct
- Harm us or our services in any way.
7. VIOLATIONS
7.1. Before taking the steps described below, we will inform you in advance where reasonably possible, give the reason for our action and give you an opportunity to correct the problem, unless we reasonably believe that by doing so:
- Will cause damage or liability to any third party, or to us
- Violate the law or order of a law enforcement authority
- It will compromise an investigation
- Will compromise the operation, integrity, or security of EasyDesk
7.2. Removing Your Content. If we reasonably believe that any content violates these terms, or violates applicable law, or may harm others, we reserve the right to remove some or all of such content in accordance with applicable law. Examples include content that facilitates human traƯicking or harassment, terrorist content, and content that infringes on someone else’s Intellectual Property Rights.
8. COMPLAINTS
You or any third party who feels aggrieved may report any harmful, criminal, or violating behavior to the Terms of Service by sending a detailed message to juridico@a5solutions.com or through our reporting channels available at www.a5solutions.com.
9. GENERAL CONDITIONS
9.1. If you do not follow these terms and we do not act immediately, it does not mean that we are waiving any rights we may have, such as taking action in the future.
9.2. We also remind you that we may modify this Policy or at any time, but we undertake to communicate it in advance. If you do not agree to the new terms, you may terminate your relationship with us at any time, subject to the specific rules for contracting our services that apply.
9.3. These T&Cs are governed by the laws of Brazil. Updated on July 19, 2023 time, but we undertake to communicate it in advance. Updated on July 12, 2023.