notific.me Terms of Use
Version 0.3 · Effective to be announced
1. Who we are and how these Terms apply
Section titled “1. Who we are and how these Terms apply”1.1. notific.me (the “Service”) is provided by IDIE CONSULTING TECHNOLOGY LTDA, a Brazilian limited liability company registered under CNPJ no. 63.210.794/0001-38, with its head office at Rua Pais Leme, 215, conjunto 1713, Pinheiros, São Paulo, SP, 05424-150, Brazil (“IDIE”, “we”, “us”).
1.2. These Terms of Use (the “Terms”) govern the use of the notific.me website, the customer area at app.notific.me, the API at api.notific.me, the MCP server, the official apps and any other channel we offer.
1.3. By creating an account, clicking “I agree”, using the API or continuing to use the Service, you confirm that you have read and accept these Terms and the Privacy Policy. If you do not agree, do not use the Service.
1.4. If you accept these Terms on behalf of a company or other legal entity, you represent that you have authority to bind it. In that case, “you” and “Customer” refer to that entity.
1.5. The Service is intended for people aged 18 or over and for professional use. By using it, you represent that you are at least 18 and have full legal capacity.
1.6. A separately signed agreement (for example, an order form or Enterprise agreement) prevails over these Terms where they differ. Terms printed on purchase orders, vendor registration forms or other Customer documents do not apply, even if accepted by us in third-party systems.
2. Definitions
Section titled “2. Definitions”| Term | Meaning |
|---|---|
| Account | A person’s registration in the Service, identified by an @handle and one or more email addresses. |
| User | Any natural person with an Account. |
| Customer | Whoever subscribes to the Service: the person using a personal workspace, or the organization that owns a workspace. |
| Workspace and Organization | The space that holds a Customer’s services, tokens, rules, members and history. |
| Member | A User who accepted an Organization’s invitation. |
| Recipient | A person who receives a notification or question, with or without an Account (for example, through a link sent by email). |
| Integration | A system, plugin, script, SDK or AI agent that uses a Customer token to send events or questions. |
| AI Agent | Software acting autonomously or semi-autonomously on the Customer’s behalf, including through the MCP server. |
| Event | Data sent by an Integration to the Service. |
| Notification | A notice delivered to a person from an Event or from a message composed in the interface. |
| Question or Decision | A Notification that asks for an answer, with options, a form, a deadline and a verification level. |
| Signed Answer | An answer given by a person and signed with their device key (or confirmed by a second factor), according to the required level. |
| Evidence Trail | A hash-chained record of each step of a Notification: creation, sending, delivery, reading, answer and return to the originating system. |
| Customer Content | Everything the Customer, its Members and its Integrations send to the Service: events, text, forms, files, links, rules and answers. |
| Plan | The package of features, limits and retention periods subscribed for a workspace. |
| Cell | A complete server installation: the notific.me cloud, a dedicated instance or a self-hosted installation. |
3. The Service
Section titled “3. The Service”3.1. notific.me receives events and questions from the Customer’s Integrations, applies the rules set by the Customer, delivers notifications to people and returns the answers to the originating system, by signed webhook or API query.
3.2. The Service is evolving. We may add, change, limit or remove features at any time. When a change removes an essential feature from a paid plan, we will give reasonable prior notice.
3.3. Features labeled beta, preview, experimental or similar are provided as is, may change or be removed without notice and carry no guarantee of operation, compatibility or data retention.
3.4. Open-source SDKs, protocol, channels and plugins are distributed under the license that accompanies each of them (currently Apache 2.0). That license governs the open-source code; these Terms govern access to the online Service.
3.5. Dedicated and self-hosted instances depend on a separate agreement. In them, whoever operates the Cell is responsible for the infrastructure, the data and the people who use it. The notific.me push relay, when used by those Cells, receives only the envelope needed to wake the app.
3.6. Artificial intelligence. The Service may use artificial intelligence models, our own or third parties’, chosen and replaced by IDIE at any time, to summarize, classify, prioritize, group and silence notifications, and to provide other features. Third-party model providers act as sub-processors (Annex I).
4. Account, @handle and access
Section titled “4. Account, @handle and access”4.1. One Account per person. The Account is personal and non-transferable. You may link several email addresses to it, but you may not share it or create Accounts to impersonate someone else.
4.2. Sign-in. Access is by code or link sent by email, by a second factor (such as an authenticator app) and, when available, by device key or passkey. You are responsible for protecting your email accounts, devices, PIN, the biometrics enrolled on your device and recovery codes.
4.3. Presumption of authorship. Every action taken from your Account, from a session open in it or from a device linked to it is deemed to have been taken by you, until you notify us of misuse through the channel in section 23. Notify us without delay if you lose a device or suspect unauthorized access.
4.4. @handle. The @handle identifies and addresses you. It grants no trademark or property right. We may refuse, change or reclaim an @handle that infringes third-party rights, impersonates another person or brand, is offensive, has been unused for more than 12 months, or must be changed to comply with the law. Whenever possible, we will notify you first.
4.5. Accurate data. You agree to keep your name and email addresses true and up to date. Accounts created with false data may be suspended.
5. Organizations, roles and invitations
Section titled “5. Organizations, roles and invitations”5.1. The owner of an Organization is responsible for it towards IDIE, including payment and the acts of the administrators, Members and Integrations they authorize.
5.2. An Organization can only send notifications to a person after that person accepts its invitation. The person may leave the Organization at any time. On leaving, what they received and answered within the Organization remains with the Organization, for the Plan’s retention period.
5.3. The Customer defines who is a Member, which roles each has, who receives each type of notification and which verification levels apply to each decision. IDIE does not verify the civil identity, position or authority of whoever answers on the Customer’s behalf. The Customer must ensure that only authorized people make each decision.
6. Integrations, tokens and AI agents
Section titled “6. Integrations, tokens and AI agents”6.1. Tokens are Customer credentials. Everything sent or done with a Customer token is the Customer’s responsibility, including when the token leaks or is used by an AI Agent. Keep tokens secure and revoke them as soon as you suspect exposure.
6.2. AI Agents act on the Customer’s behalf. The Customer is responsible for the instructions, permissions and scopes it gives its agents and for everything they do, ask or fail to ask. notific.me does not review, validate or decide in the Customer’s place.
6.3. Risk choices belong to the Customer. The Customer chooses each question’s verification level, the deadlines, the default answer when the deadline expires (for example, onTimeout), the rules for silencing, grouping and suppressing, and what the originating system does with each answer. IDIE is not responsible for the consequences of these choices.
6.4. Webhooks. The Customer must verify webhook signatures and handle retries, delays and delivery failures. Answers obtained through the API or by webhook must be checked by the Customer’s system before it executes irreversible actions.
6.5. Actions requiring approval. When the Service requires human approval before a change in the panel, the approval covers only the exact request approved. Attempting to circumvent this requirement breaches these Terms.
7. Signed decisions and evidence trail
Section titled “7. Signed decisions and evidence trail”7.1. What the signature proves. A Signed Answer proves that the answer came from an Account and a device linked to it, at the recorded time, after the verification required by the question’s level. It does not prove the civil identity of whoever held the device, nor that person’s intent, competence or authority.
7.2. Validity between the parties. Under article 10, paragraph 2, of Brazilian Provisional Measure no. 2,200-2/2001, the Customer and each User accept the Signed Answer, the receipt and the Evidence Trail as a valid means of proving the authorship and integrity of answers given through the Service. This signature is electronic and does not use an ICP-Brasil certificate. Where the law requires another form of signature for a decision, the Customer must obtain it.
7.3. What is recorded. The Evidence Trail records, where applicable, the person, device, session, channel, IP address, browser or app, platform, time zone, server time and device time, plus chained hashes. When the feature is available and the person allows it on the device, it also records the location at the time of the answer. Details are in the Privacy Policy.
7.4. Retention period. The trail and receipts are available for the retention period of the Plan in force when they were recorded. After that, they are deleted. If the Customer needs to keep evidence for longer, it must download the receipts before they expire or subscribe to a Plan with longer retention. IDIE is not liable for the absence of evidence deleted at the end of the retention period.
7.5. Legal hold. We may keep data beyond the Plan’s period when there is an order from an authority, an investigation, a dispute or another legal obligation (legal hold), for as long as necessary.
8. Delivery and availability
Section titled “8. Delivery and availability”8.1. Best effort. We do our best to deliver each notification quickly and keep the Service running, but we do not guarantee delivery, delivery time, reading or answers, and we do not guarantee that the Service will run without interruptions or errors.
8.2. Third-party dependencies. Delivery depends on services we do not control, such as Firebase Cloud Messaging (Google), Apple Push Notification service, browser Web Push services, email providers, mobile networks, operating systems and device settings (battery saving, silent mode, permissions). Failures of those services are not IDIE’s responsibility.
8.3. No sole use for critical alerts. notific.me is not an emergency alert system. Do not use the Service as the only channel for notices on which life, health, physical integrity, or the safety of people or facilities depend, nor to call for help. In those cases, the Customer must keep redundant channels.
8.4. Maintenance. We may interrupt the Service for maintenance, updates or security, preferably at low-usage times and, when possible, with notice.
8.5. Service level agreement (SLA). There is no SLA for plans purchased directly on the website. An SLA exists only when provided in writing in an Enterprise agreement, and service credits are the sole remedy for breaching it.
9. Plans, billing and payment
Section titled “9. Plans, billing and payment”9.1. Personal plan (free). The free plan has usage and retention limits, may change its features and limits, and may be discontinued with 30 days’ prior notice. The free plan has no SLA and no guaranteed support.
9.2. Paid plans. Each Plan’s prices, limits and features are those published on the pricing page or in the commercial proposal at the time of purchase. Billing is in advance, per period (monthly or yearly), and renews automatically for the same period until the Customer cancels.
9.3. Free trial. When we offer a free trial, it lasts for the period stated in the offer. At the end of the trial, if no payment method is on file, the Organization becomes read-only until a paid plan is purchased. If a payment method is on file, the subscription starts automatically, and we will send a notice at least 3 days before the trial ends.
9.4. Metered usage and overage. Some items may be billed by usage (for example, active members and sends) or have a fair-use quota. When a limit is reached, we may lower the priority of low-priority sends, group them into a digest or refuse them, bill the overage according to the current price list, or ask for a plan change.
9.5. Payment methods and taxes. Payments are processed by partners (such as Stripe). Customers outside Brazil are billed in US dollars; customers in Brazil are billed in Brazilian reais, by card or Pix. Prices do not include taxes unless stated otherwise; applicable taxes, withholdings and bank or exchange fees are borne by the Customer. When billing is in a foreign currency, exchange rate variation and IOF (Brazilian financial transactions tax) are borne by the Customer. We will issue tax documents when required by applicable law.
9.6. Price changes. We may change prices with 30 days’ notice. The new price applies from the renewal following the notice. If the Customer does not agree, it may cancel before the renewal.
9.7. Late payment. If a payment is not confirmed, we will notify the Customer. 10 days after the due date, we may move the workspace to the free plan or suspend it. 60 days after the due date, data exceeding the free plan’s limits may be deleted, with prior notice by email. Amounts due remain owed, with a 2% late fee and interest of 1% per month, plus monetary adjustment.
9.8. Cancellation and refunds. The Customer may cancel at any time in the customer area or through the channel in section 23. Cancellation takes effect at the end of the period already paid, and there are no pro-rata refunds for started periods, upgrades or metered usage, except where the law requires otherwise.
9.9. Right of withdrawal. Where the Customer is a consumer under Brazilian Consumer Protection Code (Law no. 8,078/1990, art. 49) or other applicable mandatory consumer law, it may withdraw from the first purchase of a paid plan within 7 days (or the period set by that law), with a refund of the amount paid.
9.10. Billing disputes. Questions about charges must be sent within 60 days of the charge date. Opening a card dispute (chargeback) without contacting us first may lead to suspension of the workspace until the matter is resolved.
10. Acceptable use
Section titled “10. Acceptable use”You may not use the Service to:
- send spam, unsolicited bulk messages, chain letters or advertising to people who did not ask for it;
- send notifications to people without a legal basis or, where required, without their consent;
- deceive people into giving approvals, passwords, codes, payment data or access (phishing or social engineering), including by impersonating another company or person;
- transmit content that is illegal, infringes third-party rights, exploits or exposes children and adolescents, incites violence, discrimination or hatred, or contains malware;
- process sensitive personal data, children’s data or full financial data (such as card numbers) inside notifications without need and without a legal basis;
- test, probe or bypass security, usage limits, level-based verification or approval requirements, except under a vulnerability disclosure program authorized in writing;
- overload the infrastructure, circumvent rate limits, create accounts in bulk or use accounts to avoid billing;
- copy, decompile or reverse engineer the closed parts of the Service, except where the law expressly allows it;
- resell, sublicense or offer the Service to third parties as if it were yours, without a partnership agreement;
- build a competing product from access to the Service or its non-public information;
- use the Service for emergency alerts without a redundant channel (section 8.3);
- violate the law, orders from authorities or third-party rights.
We may remove content, limit sending, revoke tokens, and suspend or close Accounts and workspaces that breach this section, without prior notice when there is a risk to the Service, to people or to third parties.
11. Customer Content
Section titled “11. Customer Content”11.1. Ownership. Customer Content belongs to the Customer. We claim no ownership over it.
11.2. License to operate. The Customer grants us a worldwide, royalty-free, non-exclusive license, for as long as necessary, to host, copy, transmit, process, display, adapt to each channel’s format, archive, back up and delete Customer Content, in order to provide, maintain, protect and support the Service.
11.3. Usage data and improvement of the Service. We may collect and use data about the use of the Service, such as metadata on deliveries, reads, reactions, response times, event types, performance and errors (“Usage Data”), to operate, protect, measure, bill and improve the Service, including to train and evaluate the models that prioritize, group and silence notifications (the “attention gatekeeper”). When Usage Data is used outside its originating workspace, it is aggregated or de-identified.
11.4. Training with de-identified content. Customer Content may also be used to train and evaluate those models after de-identification, that is, after removing names, email addresses, @handles, document numbers and other data that identify people. The Customer may opt out of this use at any time, at no cost, through the privacy channel in section 23 (and, when available, in the workspace settings). Opting out applies to content sent after the request.
11.5. Responsibility for content. The Customer represents that it holds all rights, authorizations and legal bases to send Customer Content and to have us process it under these Terms, and that the content does not violate the law or third-party rights.
11.6. No prior moderation. We do not review Customer Content before delivery and are not responsible for it. We may, but are not obliged to, review reported or suspicious content.
11.7. Court orders. We will comply with court orders and lawful requests from authorities. Where the law allows, we will notify the affected Customer.
12. Intellectual property
Section titled “12. Intellectual property”12.1. The Service, the server, the official apps, the customer area, the notific.me brand, logo, design, documentation and everything else not licensed as open source belong to IDIE or its licensors. These Terms grant you only a personal, revocable, non-exclusive and non-transferable right of use for the duration of your subscription.
12.2. Feedback. If you send us ideas, suggestions or feedback, we may use them freely, without any obligation to pay or attribute.
12.3. Customer reference. We may name a Customer that is a legal entity, and show its logo, as a notific.me customer on the website and in sales materials. The Customer may ask for removal at any time through the channel in section 23.
13. Personal data
Section titled “13. Personal data”13.1. Processing of personal data is described in the Privacy Policy, which forms part of these Terms.
13.2. Roles. Under Brazilian Law no. 13,709/2018 (LGPD) and, where applicable, the EU and UK General Data Protection Regulation (GDPR):
- IDIE is the controller of Account data (registration, sign-in, devices, billing, support, security) and of Usage Data;
- the Customer is the controller of the personal data contained in Customer Content and of the answers given within its workspace, and IDIE acts as processor, following the Customer’s instructions, as set out in Annex I.
13.3. The Customer is responsible for informing its Members, Recipients and other data subjects about the processing it carries out through the Service and for having a legal basis for it.
14. Confidentiality
Section titled “14. Confidentiality”14.1. Each party will keep confidential the other’s non-public information obtained through the Service and use it only to perform these Terms.
14.2. Information is not confidential if it was already public, already known to the receiving party, lawfully received from a third party or independently developed. Disclosures required by law or by an authority’s order are allowed, with notice to the other party where the law allows.
15. Suspension and termination
Section titled “15. Suspension and termination”15.1. By the Customer. The Customer may stop using the Service at any time by canceling the Plan and deleting the workspace or Account.
15.2. By IDIE, immediately. We may suspend or close an Account, token or workspace, in whole or in part, without prior notice, in case of: breach of these Terms; risk to the security or stability of the Service, of people or of third parties; non-payment (section 9.7); well-founded suspicion of fraud or illegal use; or an order from an authority.
15.3. By IDIE, with notice. We may stop serving any Customer, or discontinue the Service, with 30 days’ notice. For paid plans, in that case, we will refund the pro-rata amount for the paid and unused period.
15.4. Effects. On termination, the right of use ends. The Customer will have 30 days to export its data, unless termination results from a serious breach or a legal order. After that period, data will be deleted as described in the Privacy Policy, except what the law requires us to keep. Amounts due remain owed.
15.5. Inactive accounts. Free plan Accounts with no sign-in for 12 months may be deleted, with notice by email at least 30 days in advance.
15.6. Survival. Sections 7.2, 9 (as to amounts due), 11.3, 11.4, 12, 14, 16, 17, 18, 21 and 22 (including the Arbitration Agreement) survive termination.
16. Disclaimer of warranties
Section titled “16. Disclaimer of warranties”16.1. To the maximum extent permitted by law, the Service is provided “as is” and “as available”. IDIE makes no warranties, express or implied, of fitness for a particular purpose, continuous availability, absence of errors, delivery or results.
16.2. Answers, summaries, classifications, priorities or suggestions generated automatically, including by artificial intelligence, may contain errors and must be checked before any important decision.
16.3. The decisions made by people, and the actions taken by the Customer’s systems and AI Agents based on them, are the Customer’s sole responsibility.
17. Limitation of liability
Section titled “17. Limitation of liability”17.1. To the maximum extent permitted by law, IDIE is not liable for:
- loss of profits, revenue, customers, opportunity or reputation;
- indirect, incidental, special, punitive or consequential damages;
- loss or corruption of data that the Customer could have avoided by exporting, checking or keeping a copy, or data deleted at the end of the Plan’s retention period;
- decisions made, or not made, based on notifications, questions and answers, and actions executed by the Customer’s systems and AI Agents;
- delivery delays or failures caused by third parties, by the Customer’s or the device’s configuration, or by force majeure;
- misuse of Accounts, tokens or devices in the custody of the Customer or of Users;
- content sent by the Customer or by third parties.
17.2. Cap. In any case, IDIE’s total liability, for all claims related to the Service combined, is limited to the amount actually paid by the Customer to IDIE for the Service in the 3 (three) months before the event that gave rise to the claim.
17.3. The limitations in this section do not apply to IDIE’s willful misconduct and do not exclude rights that the law does not allow to be limited, including consumer rights. In those cases, they apply to the extent the law allows.
18. Indemnification
Section titled “18. Indemnification”The Customer will defend and indemnify IDIE, its partners, officers, employees and suppliers against claims, lawsuits, fines, losses and expenses (including attorneys’ fees) arising from:
- Customer Content;
- use of the Service by the Customer, its Members, Integrations and AI Agents;
- breach of these Terms, the law or third-party rights, including those of data subjects;
- decisions and actions taken by the Customer based on the Service.
19. Changes to these Terms
Section titled “19. Changes to these Terms”19.1. We may change these Terms. Material changes will be announced by email or within the Service at least 15 days in advance. Changes required by law, by an authority’s order or for security may take effect immediately.
19.2. The current version is always published, with its date and version history. If you keep using the Service after a change takes effect, you will be deemed to have accepted the new version. If you do not agree, stop using the Service and cancel your Plan before that date.
20. Notices
Section titled “20. Notices”20.1. You agree to receive notices electronically: at your Account’s primary email address, within the Service and through notific.me itself. They have the same value as written notices.
20.2. Notices to IDIE must be sent through the channel in section 23.
20.3. Marketing communications. By creating an Account, you agree to receive marketing communications from IDIE about notific.me and other IDIE products and services, by email, within the Service and through notific.me notifications, including communications tailored to how you use the Service. This agreement is a condition for creating an Account. You may stop receiving them at any time, through the link in each message or in your Account settings, without losing access to the Service. Service notices (security, billing, changes to these Terms) are not marketing and will continue to be sent. Details are in the Privacy Policy.
21. General provisions
Section titled “21. General provisions”21.1. Assignment. The Customer may not assign these Terms without our written consent. IDIE may assign them to a company in the same group or in a merger, spin-off, acquisition or asset sale, with notice to the Customer.
21.2. Subcontracting. We may use suppliers and subcontractors to provide the Service and remain responsible for them within the limits of these Terms.
21.3. Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, such as failures of cloud, internet or power providers, attacks, disasters, strikes, pandemics or acts of authorities.
21.4. No waiver. Failure to enforce a right is not a waiver of it.
21.5. Severability. If a provision is held invalid, the others remain in force, and the invalid one will be interpreted as close as possible to its original intent.
21.6. Relationship of the parties. These Terms do not create a partnership, employment, agency or franchise relationship.
21.7. Entire agreement. These Terms, the Privacy Policy, the pricing page and any signed agreement form the entire agreement on the Service.
21.8. Language. These Terms are written in English. We may publish translations, including in Brazilian Portuguese and Spanish. If there is a conflict, the English version prevails, except where mandatory law requires the version in the consumer’s language to prevail.
22. Governing law, jurisdiction and arbitration
Section titled “22. Governing law, jurisdiction and arbitration”22.1. These Terms are governed by the laws of the Federative Republic of Brazil.
22.2. Before going to court, the parties will try to settle the matter amicably through the channel in section 23 for at least 30 days.
22.3. Except as provided in sections 22.5 to 22.14, the courts of the City of São Paulo, State of São Paulo, Brazil, have exclusive jurisdiction, including for Customers outside Brazil, to the exclusion of any other, however privileged. Where the Customer is a consumer, it may bring proceedings in the courts of its domicile, and mandatory consumer protection rules of its country of residence continue to apply.
22.4. For Enterprise agreements, the parties may agree on arbitration in the signed agreement.
Users and Customers in the United States: binding individual arbitration
Section titled “Users and Customers in the United States: binding individual arbitration”22.5. Scope. Sections 22.5 to 22.14 (the “Arbitration Agreement”) apply if you reside in the United States or, where the Customer is a legal entity, if it has its principal place of business there. For you, they replace sections 22.2 to 22.4. Please read them carefully. They affect your rights, including your right to go to court, to a jury trial and to take part in a class action.
22.6. Informal resolution first. Before starting an arbitration, the party with a claim must send the other a written notice describing the claim and the relief sought: you, to [email protected], with your name, @handle and your Account’s email address; IDIE, to your Account’s primary email address. The parties will try in good faith to resolve the claim for 60 days after the notice is received. During that period, any deadline to bring the claim is suspended.
22.7. Binding individual arbitration. Any dispute, claim or controversy between you and IDIE arising out of or relating to these Terms, the Privacy Policy or the Service, including their formation, interpretation, performance, breach, termination and validity (a “Dispute”), will be resolved by final and binding arbitration on an individual basis, and not in court, except as provided in section 22.10. The arbitrator decides all questions about the scope, validity and enforceability of this Arbitration Agreement, except those that sections 22.9 and 22.12 reserve to a court. The U.S. Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs this Arbitration Agreement.
22.8. Rules, hearing and costs.
- The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, if you use the Service primarily for personal, family or household purposes, or under its Commercial Arbitration Rules otherwise, together with the AAA’s Mass Arbitration Supplementary Rules where they apply, as in force when the arbitration is filed. The rules are available at adr.org.
- There will be a single arbitrator. The arbitration will be conducted in English, on written submissions or by videoconference, unless the arbitrator decides that an in-person hearing is necessary. In that case, the hearing will take place in the county where you reside or, for a Customer that is a legal entity, in New York, New York.
- Fees are allocated as provided in the AAA rules. In a consumer arbitration, IDIE will pay the fees that those rules assign to the business. Each party bears its own attorneys’ fees, unless the arbitrator awards them under applicable law.
- The arbitrator may award, on an individual basis, the same relief that a court could award under applicable law, but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Judgment on the award may be entered in any court with jurisdiction.
22.9. Class action and jury trial waiver. You and IDIE may bring claims against each other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. The arbitrator may not consolidate the claims of more than one person or preside over any form of class or representative proceeding, except for the administrative procedures of the AAA’s Mass Arbitration Supplementary Rules. You and IDIE waive any right to a jury trial. If a court decides, after all appeals, that this section 22.9 cannot be enforced as to a particular claim or form of relief (such as public injunctive relief), that claim or relief will be severed and decided by a court under section 22.12, after the individual arbitration of the remaining claims has ended. All other claims remain in arbitration.
22.10. Exceptions. Either party may: (a) bring an individual claim in small claims court, if it qualifies and for as long as it remains there on an individual basis; and (b) ask a court for injunctive or other equitable relief to stop actual or threatened infringement or misuse of intellectual property, or unauthorized access to the Service or its systems.
22.11. Your right to opt out. You may opt out of this Arbitration Agreement within 30 days after you first accept these Terms, by sending an email to [email protected] from your Account’s email address, with your name, your @handle and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms. If you opt out, Disputes will be resolved under section 22.12.
22.12. Courts and time limit. Disputes that are not arbitrated, including when you opt out, will be resolved exclusively in the state or federal courts located in New York County, New York, and you and IDIE consent to their personal jurisdiction. To the extent permitted by applicable law, any claim must be brought within 1 (one) year after it arises.
22.13. Changes to this Arbitration Agreement. If IDIE changes this Arbitration Agreement (other than a change of contact address), you may reject the change by email to [email protected] within 30 days after it takes effect. In that case, the last version you accepted continues to apply to you. A change does not apply to a Dispute that one party notified to the other before the change took effect.
22.14. Survival. This Arbitration Agreement survives the termination of these Terms and of your Account.
23. Contact
Section titled “23. Contact”| Subject | Channel |
|---|---|
| Support and billing | [email protected] |
| Privacy and personal data | [email protected] |
| Legal matters and formal notices | [email protected] |
| Address | IDIE CONSULTING TECHNOLOGY LTDA, Rua Pais Leme, 215, conjunto 1713, Pinheiros, São Paulo, SP, 05424-150, Brazil |
Annex I: Processing of personal data on behalf of the Customer
Section titled “Annex I: Processing of personal data on behalf of the Customer”This Annex applies when IDIE processes personal data as the Customer’s processor, that is, the data contained in Customer Content and in the answers given within its workspace. It is intended to meet the requirements of article 39 of the LGPD and, where applicable, article 28 of the GDPR.
- Instructions. IDIE processes this data only to provide the Service, in accordance with these Terms, the workspace configuration and the Customer’s documented instructions. These Terms and the configuration made by the Customer in the Service are the complete instructions. Additional instructions requiring work outside the standard Service depend on agreement and may be charged.
- Customer responsibilities. The Customer, as controller, defines the purpose and legal basis, informs data subjects, handles their requests and decides what to send, to whom and for how long to keep it, within the Plan’s options.
- Confidentiality. IDIE personnel with access to the data are bound by a duty of confidentiality.
- Security. IDIE maintains reasonable technical and organizational security measures, described in the Privacy Policy.
- Sub-processors. The Customer gives IDIE general authorization to engage sub-processors, such as cloud, storage, push delivery, email and artificial intelligence providers. The categories of sub-processors are listed in the Privacy Policy. IDIE will give reasonable advance notice of material changes. The Customer may object on reasonable grounds; if no solution is found, the Customer’s sole remedy is to terminate the affected Plan.
- International transfers. The Customer authorizes transfers of data outside Brazil and outside the European Economic Area when necessary for the Service, with the safeguards of article 33 of the LGPD and, where applicable, Chapter V of the GDPR, such as standard contractual clauses approved by the ANPD or by the European Commission, or an adequacy decision.
- Data subject requests. If a data subject contacts IDIE about data in the Customer’s workspace, IDIE will direct them to the Customer and may inform the Customer. The Service offers tools for the Customer to view, export and delete data. Assistance beyond these tools may be charged.
- Incidents. IDIE will notify the Customer without undue delay of any security incident affecting its workspace data that comes to IDIE’s attention, with the information available, so that the Customer can meet its obligations towards authorities and data subjects.
- Audits. On request, and no more than once a year, IDIE will provide reasonable information to demonstrate compliance with this Annex, such as a description of security measures and answers to questionnaires. On-site audits, when provided for in an Enterprise agreement, will be scheduled 30 days in advance and paid by the Customer.
- End of processing. At the end of the subscription, IDIE will delete the data as described in section 15.4 of these Terms and in the Privacy Policy, except what the law requires us to keep.
- Liability. IDIE’s liability under this Annex is subject to section 17 of these Terms.