Terms of Use

0. OBJECTIVES

Kipon Desenvolvimento de Tecnologia para Gestão de Pessoas Ltda (“Kipon”) establishes this Terms of Use as an agreement between Kipon and the user, regulating access to and use of its web-based application, as well as the services offered.


1. CONDITIONS OF USE

This Terms of Use governs the use of the Kipon tool and establishes a binding contract between the user and Kipon.


By accessing the web application, the user acknowledges their status as a user and fully agrees to the terms described herein. If you do not agree, please do not use the service.


2. TERMS AND DEFINITIONS

a) Kipon: web-based application and Kipon Desenvolvimento de Tecnologia para Gestão de Pessoas Ltda.

b) Users: Individuals who use Kipon's services.

c) Web Application: The Kipon software.

d) Services: Features offered by the Kipon platform. 

e) Personal Data: Information related to an identified or identifiable natural person.

f) Client: Organization that contracts Kipon to provide a web-based application for its users.




3. SERVICE DESCRIPTION

Kipon provides a simple, dynamic, and transparent approach to people management. This allows organizations to access the talents of their teams, enabling more informed decision-making. The tool allows users to map skills, visualize data, and gain valuable insights. Users can manually add new skills to their profiles or use personalized suggestions, making it easier to identify competencies within the team. In this way, teams can better visualize and leverage available skills, promoting a collaborative and efficient environment.


4. USE OF KIPON

All available technical solutions will be employed to ensure that the web application is accessible 24 hours a day, 7 days a week. However, access to the application may be temporarily interrupted, limited, or suspended for updates, modifications, or other necessary actions for its proper functioning.

To access the features of the application, the user must register. During registration, it is essential that the user provides complete, up-to-date, and accurate information, and it is their sole responsibility to keep this information current, as well as to ensure its veracity.

Users under 18 years of age and those without full legal capacity must obtain the permission of their legal guardians before using the service. 

The user must provide a valid email address, which will be used by Kipon for all necessary communications.

Upon confirmation of registration, the user will be associated with an organization (company) and will receive a personal login and password, thus ensuring individual access. It is the user's responsibility to keep this password confidential and secure, preventing unauthorized access to their personal data.

Users are not allowed to assign, sell, lease, or transfer their account in any way.

The user must ensure that their equipment meets the necessary technical specifications to use Kipon. 


5. USER OBLIGATIONS

The user is responsible for maintaining the confidentiality of their access credentials (login and password) and must prevent misuse by third parties. Additionally, the user is required to keep their personal data updated and is responsible for the consequences of any errors in the information provided. 

The user is also responsible for any damage caused to third parties due to improper use of the services or non-compliance with these Terms. It is important for the user to safeguard against defects and technical failures that may arise in their own system and to use the web application correctly, always acting in good faith.


6. KIPON RESPONSIBILITIES

Kipon commits to:

  • Ensure appropriate conditions for the effective provision of services, ensuring quality and continuity of service;

  • Offer technical support, providing necessary assistance and guidance for the full use of the application; 

  • Protect the confidentiality and security of user data, implementing appropriate measures to safeguard personal information.


7. PROHIBITED PRACTICES

When using Kipon, the user agrees to comply with the conditions and provisions authorized by these Terms of Use, applicable legislation, and the rights of third parties. The user agrees not to use the web application, any content from it, or the services for illegal purposes, nor to make available through the web application or upload files, data, or materials that are not their own or properly licensed. 


Furthermore, the user must not make available or upload files that they know contain viruses, bugs, corrupted data, or other harmful items to the functioning of the system. 


The user may not interfere with the normal functioning of the web application or the use and access of other parties to it, its content, and services. Finally, it is prohibited to publish, post, distribute, or disseminate defamatory, transgressive, obscene, indecent, or illegal materials or information through our services or the web application. 


It is expressly forbidden to restrict or inhibit other users' use of the web application; to publish illegal, defamatory, or offensive information; to impersonate others or invade the privacy of others; and to send spam or any unauthorized commercial communication.


8. INTELLECTUAL PROPERTY

This Terms of Use grants the user a non-exclusive, non-transferable, and non-sublicensable license to access and use the web application.

All elements of Kipon, including trademarks, logos, trade names, layouts, graphics, interface design, images, illustrations, photographs, presentations, videos, written and audio content, software programs, databases, transmission files, and other information and intellectual property rights, are duly reserved in accordance with intellectual property laws.


9. DISCLAIMER OF LIABILITY

Kipon is not responsible for failures caused by:


• Factors beyond its control, such as telecommunications failures;
• User negligence;
• Technical problems related to user equipment;
• Use of non-original software.


Furthermore, Kipon will not be liable for events that do not arise from the use of the services, including, but not limited to:


• Invasions of users’ equipment;
• Damage to equipment during the use of the services;
• Computer security issues;
• Protection of information stored on users' devices;
• Inappropriate use of computers by users;
• Vulnerabilities or instabilities in users' systems;
• Unsecure environments compromising security.

Kipon will not be liable:

(i) for any damages and/or losses resulting from unauthorized knowledge by third parties of any information provided through the web application, unless caused by a security failure on Kipon’s part;

(ii) for irregular user registration, where "irregular" is understood as the absence of a Legal Basis for processing personal data.

Kipon will not be civilly liable for damages resulting from content generated by third parties. 

Subject to applicable legal parameters, Kipon will not be responsible for any indirect damages of any kind that may be attributed to the use or inability to use the web application, any published content, or these Terms of Use, the Services, or any information, data, or software provided through Kipon's website, even if advised of the possibility of such damages or if such damages were foreseeable. 

Subject to applicable legal parameters, Kipon will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages that were not caused directly and immediately by the web application or its employees, including, but not limited to, loss of profits, loss of opportunity, or other intangible losses related to the use of the web application, nor for the inability and/or impossibility of using them.

Under no circumstances will Kipon be responsible for the installation of malicious codes (such as viruses, trojans, malware, worms, bots, backdoors, spyware, rootkits, or any others that may arise) on the equipment of the user or third parties due to the user's internet browsing. 

Additionally, Kipon is not responsible for external links contained in its system that may redirect the user to environments outside its network.


10. PRIVACY

To access the service and/or certain parts of the site, the user must provide personal data. The user can obtain more information about their privacy asking Kipon through privacy@kipon.io. 


11. SANCTIONS

Without prejudice to other applicable legal measures, Kipon may, at any time, warn, suspend, or cancel the account of any user who violates any provision of these Terms of Use.


12. UPDATES TO THE TERMS

Kipon may amend these Terms of Use. Significant changes will be communicated via email. If the user does not agree with the new terms, they must cease using the service.


13. JURISDICTION


Any litigation must be presented in the jurisdiction of the district where the company’s headquarters is located. 


14. CONTACT AND SUPPORT

In case of questions, suggestions, or issues regarding the use of Kipon or these terms of use, the user can contact us directly through our available messenger directly in the application. 

This user support service will be available on the following days and times: Monday to Friday, 9am to 5pm.


15. IDENTIFICATION

The User agrees to indemnify, defend, and hold harmless Kipon, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

  1. The User’s use of the Service;

  2. The User’s violation of these Terms of Use;

  3. The User’s infringement of any intellectual property or other rights of any person or entity; or

  4. The User’s violation of any applicable law or regulation.

Kipon reserves the right to assume the exclusive defense and control of any matter for which the User is required to indemnify Kipon, and the User agrees to cooperate with Kipon in the defense of such claims.