Terms of Use 
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING ANIMA.

BY USING ANIMA OR CLICKING “I AGREE” CUSTOMER IS AGREEING TO BE BOUND BY THIS AGREEMENT. IF CUSTOMER IS AGREEING TO THIS AGREEMENT ON BEHALF OF OR FOR THE BENEFIT OF THEIR EMPLOYER, THEN CUSTOMER REPRESENTS AND WARRANTS THAT IT HAS THE NECESSARY AUTHORITY TO AGREE TO THIS AGREEMENT ON THEIR EMPLOYER’S BEHALF.

This agreement is between Mult-Connect Comércio e Serviços de Informática Ltda (Mult-Connect), and the customer agreeing to these terms (Customer).

SOFTWARE-AS-A-SERVICE. This agreement provides Customer access to and usage of Anima's platform (Anima)

USE OF SERVICE.
Customer Owned Data. All data and files uploaded by Customer remain the property of Customer, as between Mult-Connect and Customer (Customer Data). Customer grants Mult-Connect the right to use the Customer Data solely for purposes of performing under this agreement and as set forth in Mult-Connect's Privacy Policy.

Customer Responsibilities. Customer (i) must keep its passwords secure and confidential; (ii) is solely responsible for Customer Data and all activity in its account in the Service; (iii) must use commercially reasonable efforts to prevent unauthorized access to its account, and notify Mult-Connect promptly of any such unauthorized access; and (iv) may use the Service only in accordance with the Service’s online user guide and applicable law.

Mult-Connect Support. Mult-Connect must provide customer support for the Anima Monday to Friday from 9h until 18h.

PAYMENT. Customer must pay all fees as specified on an order, but if not specified then within 30 days of receipt of an invoice. The customer is responsible for the payment. This agreement contemplates one or more orders for the Service, which orders are governed by the terms of this agreement.

MUTUAL CONFIDENTIALITY.
Definition of Confidential Information. Confidential Information means all non-public information disclosed by a party (Discloser) to the other party (Recipient), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure (Confidential Information). Mult-Connect’s Confidential Information includes without limitation the Service (including without limitation the Service user interface design and layout, and pricing information).

Protection of Confidential Information. The Recipient must use the same degree of care that it uses to protect the confidentiality of its own confidential information (but in no event less than reasonable care) not to disclose or use any Confidential Information of the Discloser for any purpose outside the scope of this agreement. The Recipient must make commercially reasonable efforts to limit access to Confidential Information of Discloser to those of its employees and contractors who need such access for purposes consistent with this agreement and who have signed confidentiality agreements with Recipient no less restrictive than the confidentiality terms of this agreement.

Exclusions. Confidential Information excludes information that: (i) is or becomes generally known to the public without breach of any obligation owed to Discloser, (ii) was known to the Recipient prior to its disclosure by the Discloser without breach of any obligation owed to the Discloser, (iii) is received from a third party without breach of any obligation owed to Discloser, or (iv) was independently developed by the Recipient without use or access to the Confidential Information. The Recipient may disclose Confidential Information to the extent required by law or court order but will provide Discloser with advance notice to seek a protective order.

Mult-Connect PROPERTY.
Reservation of Rights. The software, workflow processes, user interface, designs, and other technologies provided by Mult-Connect as part of the Anima are the proprietary property of Mult-Connect and its licensors, and all right, title and interest in and to such items, including all associated intellectual property rights, remain only with Mult-Connect. Customer may not remove or modify any proprietary marking or restrictive legends in the Service. Mult-Connect reserves all rights unless expressly granted in this agreement.

Restrictions. Customer may not (i) sell, resell, rent or lease the Anima or use it in a service provider capacity; (ii) use the Anima to store or transmit infringing, unsolicited marketing emails, libelous, or otherwise objectionable, unlawful or tortious material, or to store or transmit material in violation of third-party rights; (iii) interfere with or disrupt the integrity or performance of Anima; (iv) attempt to gain unauthorized access to Anima or related systems or networks; (v) reverse engineer Anima; or (vi) access Anima to build a competitive service or product, or copy any feature, function or graphics for competitive purposes.

Aggregate Data. During and after the term of this agreement, Mult-Connect may use non-personally identifiable Customer Data within Anima for purposes of enhancing the platform, aggregated statistical analysis, technical support, and other business purposes.

TERM AND TERMINATION.
Term. This agreement continues month to month until all orders have terminated.

Suspension for Non-Payment. Mult-Connect may temporarily suspend or terminate, or both, Anima if Customer’s payment of any invoice is more than 5 days past due.

Mutual Termination for Material Breach. If either party is in material breach of this agreement, the other party may terminate this agreement at the end of a written 30-day notice/cure period, if the breach has not been cured.

Return Mult-Connect Property Upon Termination. Upon termination of this agreement for any reason, Customer must pay Mult-Connect for any unpaid amounts, and destroy or return all property of Mult-Connect. Upon Mult-Connect’s request, Customer will confirm in writing its compliance with this destruction or return requirement.

Suspension for Violations of Law. Mult-Connect may temporarily suspend the Service or remove the applicable Customer Data, or both, if it in good faith believes that, as part of using Anima, Customer has violated a law or if required to protect the Service in Mult-Connect’s reasonable judgment. Mult-Connect will attempt to contact Customer in advance.

LIABILITY LIMIT.
EXCLUSION OF INDIRECT DAMAGES. Mult-Connect is not liable for any indirect, special, incidental or consequential damages arising out of or related to this agreement (including, without limitation, costs of delay; loss of data, records or information; and lost profits), even if it knows of the possibility of such damage or loss.

TOTAL LIMIT ON LIABILITY. Mult-Connect's total liability arising out of or related to this agreement (whether in contract, tort or otherwise) does not exceed the amount paid by Customer within the 12 month period prior to the event that gave rise to the liability.

INDEMNITY. If a third-party claims against Mult-Connect that any part of the Customer Data infringes or violates that party’s patent, copyright or other right, Customer will defend Mult-Connect against that claim at Customer’s expense and pay all costs, damages, and attorney’s fees, that a court finally awards or that are included in a settlement approved by Customer, provided that Mult-Connect: promptly notifies Customer in writing of the claim; and allows Customer to control, and cooperates with Customer in, the defense and any related settlement.

GOVERNING LAW AND FORUM. This agreement is governed by the laws in Brazil (without regard to conflicts of law principles) for any dispute between the parties or relating in any way to the subject matter of this agreement. Nothing in this agreement prevents either party from seeking injunctive relief in a court of competent jurisdiction. The prevailing party in any litigation is entitled to recover its attorneys’ fees and costs from the other party.

OTHER TERMS.
Entire Agreement and Changes. This agreement and any order(s) constitute the entire agreement between the parties and supersede any prior or contemporaneous negotiations or agreements, whether oral or written, related to this subject matter. The customer is not relying on any representation concerning this subject matter, oral or written, not included in this agreement. No representation, promise or inducement not included in this agreement is binding. No waiver is effective unless the party waiving the right signs a waiver in writing.

Updates to These Terms. We may change these Terms at any time by posting the amended Terms on this page. Please check the Terms periodically for those changes. Your continued use of the Service after the posting of such changes constitutes your acceptance of the amended Terms. For your convenience, the date of last revision is included at the top of this page.

No Assignment. Neither party may assign or transfer this agreement or an order to a third party, except that this agreement with all orders may be assigned, without the consent of the other party, as part of a merger, or sale of substantially all the assets, of a party.

Independent Contractors. The parties are independent contractors with respect to each other.

Enforceability and Force Majeure. If any term of this agreement is invalid or unenforceable, the other terms remain in effect. Except for the payment of monies, neither party is liable for events beyond its reasonable control, including, without limitation force majeure events.

Money Damages Insufficient. Any breach by a party of this agreement or violation of the other party’s intellectual property rights could cause irreparable injury or harm to the other party. The other party may seek a court order to stop any breach or avoid any future breach.

No Additional Terms. Mult-Connect rejects additional or conflicting terms of any Customer form-purchasing document.

Order of Precedence. If there is an inconsistency between this agreement and an order, the order prevails.

Survival of Terms. Any terms that by their nature survive termination of this agreement for a party to assert its rights and receive the protections of this agreement, will survive. 

Feedback. By submitting ideas, suggestions or feedback to Mult-Connect regarding Anima, Customer agrees that such items submitted do not contain confidential or proprietary information; and Customer hereby grants Mult-Connect an irrevocable, unlimited, royalty-free and fully-paid perpetual license to use such items for any business purpose.