Last updated: 11/13/2017
1. The terms and conditions set out below must be observed, respected and accepted by you ("User") before using the application ("HEFLO" or "App"), considering that all the content, services and features (collectively referred to as "services") that circulate or are placed at the disposal of the User shall be governed by these terms of use.
2. The services offered are subject to the terms and conditions contained herein and to all other operating rules, policies and procedures that may be published from time to time through the App (collectively, the "Agreement").
3. It is part of these Terms of Use: (I) the Privacy Policy provided in the application ("Privacy Policy") and (ii) if you are a Consultant ("CONSULTANT"), a written agreement between you and the owner of the application defines the rules of use, licensing and the corresponding remuneration for the use of the application ("Software License Agreement"). If you wish to become a CONSULTANT, please send an email to talkto@heflo.com
4. HEFLO’s application is exclusive property of VENKI TECNOLOGIA EM SOFTWARE LTDA, headquartered at Rua Alvorada, nº 1.289, Conj. 907 and 908, Vila Olimpia, São Paulo / SP, CEP: 04550-004, enrolled with the CNPJ / MF under nº 05.071.294 / 0001-66. ("VENKI").
5. Therefore, it is highly recommended that you READ these Terms of Use and the Privacy Policy BEFORE downloading and using the App, because once you click on "I accept", "agree" or access or use the application, you agree and is bounded by terms and conditions set forth herein, which form a legally valid agreement between you and VENKI. In the event you do not agree to any of the terms and conditions set forth in the agreements, please do not download or use the application.
6. If you are using HEFLO on behalf of an employer, customer or any other entity ("Company"), you represent and warrant that you have the power and ability to bind that company to accept these Terms of Use for use of the application.
1. VENKI, through HEFLO application, offers a series of online business process management and collaboration services, including BPMN process editor, text editors, collaboration portals, management panels, electronic forms, databases, customer email, customer chat, organizer, layout of documents created ("Service" or "Services"), and the User may use the application for personal use or for internal business purposes of the organization that he represents.
2. The User, after registering on the platform, can report problems with the management of his business processes, at which point a consultant can start a service in order to synthesize, organize and facilitate business procedures, offering paid solutions according to the User’s needs.
3. During the use of the platform, the User and Consultant may find free services for testing and evaluation purposes, which will be available for an indefinite period or until VENKI, in its sole discretion, decides to exclude or definitively offer them in its final format, when this use may be charged.
4. The user, to have access to all functionalities of the platform, must acquire a paid subscription, being aware that the free version only grants access to part of the utilities available.
5. The interactions between User and Consultant during the HEFLO’s use will have no participation of VENKI, reason why the User exempts VENKI from any responsibility of the delivery of projects agreed directly with the Consultants, being fully aware that VENKI is only responsible for the platform that grants communication between the parties.
6. By using the application, the User understands and agrees that he is solely responsible for the legality, accuracy, security and convenience related to the content published in the Application, and may be held liable in civil, criminal, administrative and labor matters for third party offenses.
7. The User is entirely responsible for verifying that the information inserted has been updated and transmitted correctly to the servers of the application, and VENKI does not have any responsibility for issues related to the Internet connection and data storage capacity on the devices used by the User or Consultant.
8. The User or Consultant, when using HEFLO, may not carry out any activity that: (a) violates these Terms of Use; (b) restrict, inhibit, deceive, interrupt, interfere with, limit or prevent the correct operation and use of the platform; (c) abuse, defame, harass, demean or threaten any third party; (d) is considered illegal or, in VENKI's sole discretion, is in disagreement with the principles it understands applicable to its business; (e) use any robot, spider, crawler, scraper or any other automated means to access the application or attempt to circumvent it; (f) perform the transmission of junk mail, spam, chain letters, phishing, or unsolicited email distribution; (g) impose or may impose, at VENKI's sole discretion, a disproportionately high burden on the technical infrastructure provided; or (h) circumvent or violate any security measures taken to restrict access to HEFLO’s app or related services.
8.1. VENKI may permanently block or disable access to the platform if it understands that the User or Consultant has practiced any of the activities listed above, without prejudice of the possibility that the User or Consultant be considered liable for all damages and damages caused to VENKI.
1. By registering and using HEFLO, the User must provide true, complete and non-misleading information, maintaining the security of his account and being responsible for all acts performed from it. VENKI may refuse or cancel access to the App if finds out any untrue information, without any right to indemnify the User.
2. Each User has an individual access account. Therefore, he should not share the Login and Password with other people. In case the User becomes aware of the improper use of their account, they must immediately notify VENKI of the occurrence, which may carry out the immediate suspension of access of the suspect User.
3. When downloading the App, the User must provide his / her data to create an Account and, after approval, VENKI will make available all the necessary tools to use the application.
4. All interactions between the User and VENKI may be stored on our servers. However, the application does not filter, make any type of selection and has no control over the content posted by the User, being at its sole responsibility all information provided to the system.
5. VENKI seeks honest interactions and discourage interactions that are not carried out in accordance with these Terms of Use, Laws, morals and good customs. Therefore, the User guarantees the veracity, quality, integrity and legality of his data and his attitudes and is aware that is fully responsible for his actions carried out in the system.
6. The User understands that, by the very nature of the Application, HEFLO can go through periods of maintenance or even occur some loss of data, situation in which will not have any right of indemnity for any title.
7. The Consultant and the User may terminate their accounts at any time by logging in and adjusting the appropriate settings.
8. The use of the HEFLO by the Consultant is subject to the terms described herein and to the Software Licensing Agreement signed with VENKI. In the event of any conflict between these Terms of Use and the Software License Agreement, the latter shall prevail.
1. In case of the user registers on behalf of a company, the User may specify the type of access that the company will have on the platform, being able to choose between concurrent access, named access or hybrid access, each having its own limitations and specifications that should be consulted by the User.
2. The User is responsible for: i) ensuring the confidentiality of the company password, ii) registering competent persons as users to use the company account, and iii) ensuring that all activities performed regarding the company account are in accordance with these Terms of Use and current legislation.
1. The use of HEFLO can be free, named or concurrent, varying the amount charged and features made available according to the chosen plan.
1.1. The payment will be made through the platform that will make available to the company several payment methods, which can be choose the way that suits you best.
2. The Users and companies may also perform the direct contracting of the Consultants that make the projects available for process management, and the payment must be made directly between the parties, without any type of intermediation or responsibility of VENKI for the negotiations carried out and services rendered.
3. The delay of the payment cancels the contracting by itself, being the User unable to use the application or access the project made available in the platform.
4. The return of the amounts paid will only be eligible for the cancellations occurred within 30 days after hiring, and the User must expressly inform the bank details for the deposit and the reason for the cancellation. The deadline for the return of the amounts made through credit cards will begin in 05 business days after the transfer of the operator to VENKI.
1. The intellectual property of the application and all related Services including any improvements or modifications thereof and any related documentation as well as the visual and textual elements and the selection, arrangement and compilation of data incorporated in the application are works protected by the Intellectual Property Law, belonging exclusively to VENKI.
2. VENKI, through its own channel, may receive opinions, comments, suggestions and ideas from Users and Consultants, and, from the sending, such information will be considered VENKI’s exclusive and non-confidential property.
3. By transmitting the idea, information, concept, know-how, technique or material, the User or Consultant grants VENKI an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such information at any medium and shape.
4. VENKI grants the User a limited, personal, non-exclusive, revocable, non-sublicensable, non-transferable license.
5. All proprietary rights of the application are exclusive to VENKI, and User or Consultant may by no means copy, modify, distribute, reverse engineer, decompile or disassemble or perform any work based on the application, including any translation or adaptation of the text.
1. VENKI respects the ownership rights of the contents created or stored by the User or Consultants. Except as specifically permitted by User or Consultant, the HEFLO’s use does not grant VENKI the license to use, reproduce, adapt, modify, publish or distribute the content created by the User / Consultant or stored in its user accounts.
2. However, User and Consultant hereby grant VENKI permission to access, copy, store, transmit and reformat the content of your user account solely for providing you the services described in the application and improving the use of the platform.
1. The User may transmit or publish the content created by him using any of the Services available in the application, being solely responsible for that content and the consequences of its transmission or publication.
2. Any content made public will be accessible through the Internet and can be crawled and indexed by the search engines. The User is solely responsible for defining the level of privacy of the generated content, which may be private or public.
3. Any content that the User receives from other users or from the Consultants shall be considered personal use, and the User may not use, copy, reproduce, distribute, transmit, display, sell, license or otherwise exploit such content for any purpose without the consent expressed by the person who owns the rights to such content.
4. If VENKI receives any intellectual property claim and verifies that the User is using the third-party content without authorization, VENKI shall have the right to block the User's access, as well as to remove such content from the application, being the User responsible for all damages caused to VENKI and third parties.
1. In the same way that VENKI requests that its Users and Consultants respect their intellectual property rights, it requires them to respect the intellectual property rights of third parties. Therefore, if you are the copyright owner ("the Complainant") or believe that any content published at HEFLO infringes your copyrights, you may submit a written complaint to talkto@heflo.com and provide the following information:
a) A document that demonstrates that the Complainant is the intellectual owner of the violated work;
b) Identification of the work that claims to have been violated within the HEFLO application;
c) Sufficient information to enable VENKI to contact the Complainant, such as address, telephone number and, if available, an e-mail address.
1. For details on the practices of data collection and user data usage, see the Privacy Policy available through the link: https://app.heflo.com/PrivacyPolicy. In the Privacy Policy, the User will verify that the HEFLO application can collect, store and share geolocation information, according to the data made available to VENKI by Users.
1. Periodically, VENKI may perform updates on your application, and the User or Consultant should download the new versions if they are not performed automatically. Updates are required to improve and refine the application, bringing the user and Consultant a better navigability experience.
2. If the User or Consultant does not download the updates, the application may eventually cease to function, and VENKI will not be liable for damages caused by this reason.
3. The User and the Consultant are aware that VENKI may modify or eliminate functionality of the application at any time and in its sole discretion, if it does not prejudice rights already acquired or work in progress.
1. VENKI may disable User or Consultant access to any part of the application in the following cases:
If the User violates any provision of these Terms of Use;
If VENKI is bound by Law or judicial order;
If VENKI believes that the User or Consultant is infringing or violating the rights of third parties, and may result in civil or criminal liability for its reputation.
2. Termination may result, in VENKI's sole discretion, in the loss and destruction of all information associated with the User's or Consultant's account. If the account is canceled or terminated for any reason, the User and the Consultant will no longer be able to access the information stored in their accounts.
3. All provisions of this Agreement that, by their nature, must survive termination, including but not limited to ownership provisions, warranty exemptions, civil liability, limitations of liability and miscellaneous terms, shall remain in full force and effect.
1. HEFLO is provided and accepted in the technical and perfection state it is in, and therefore VENKI does not respond for any other warranty, including quality, internet operation, productivity or results, or any other adjustments not mutually agreed between the parties.
2. The User and the Consultant agree that all applications, regardless of their producer or characteristics, are a kind of product that is constantly updated and improved, possessing, always and unconditionally, aspects to be improved, which cannot be considered itself as faults or defects.
3. The parties declare that they are fully aware that the use of any computer system, whether in an internal network or on the Internet, is subject to attacks by third parties. Therefore, neither party is responsible to the opposing party or third parties for any damages caused by invasions by any third party, such as hackers, except for liability for any noncompliance with security obligations, especially the responsibility of the User and Consultant for the security of their Passwords and Logins.
4. The User is solely responsible for the use of HEFLO from his Login and Password with VENKI or any third party, and undertakes to fully indemnify VENKI for damages caused to him by the illegal or irregular use of the application.
5. VENKI shall not be liable for: (i) personal or material damages of any nature resulting from the use of the application not directly caused by VENKI; (ii) any interruption in the operation of the application, (iii) any errors, viruses, Trojan horses, malware, adware that may be transmitted by the use of the application.
1. The party responsible to third parties for any act or fact arising from these Terms of Use or the Software License Agreement, undertakes to defend the innocent party when it is defended in its place, judicially or extrajudicially, and must pay to the innocent party all the amounts paid by him with his defense or indemnities, including the hiring of lawyers, and the responsible party, when appropriate, shall provide for the procedural substitution of the innocent party.
1. If VENKI receives any complaint against the User or the Consultant regarding the activities performed during the HEFLO’s use, it will forward the complaint to the main email address registered in the user account, and the respondent shall respond directly to the Complainant and with copy to VENKI within 48 (forty-eight) hours.
2. The absence of manifestation within the above-mentioned term will be interpreted as authorization for VENKI to send the data of the User or Consultant (Claimed) to the Complainant.
1. The Parties of these Terms of Use and the Software Licensing Agreement are and will remain independent contractors and nothing in these instruments may be construed to constitute a joint venture or any other formally association between the parties, or between these and any of their respective partners, administrators or employees. Accordingly, neither party shall have the power to bind the other party to third parties or to assume obligations on behalf of the other party.
2. Any amendment to the instruments shall be made by written instrument, signed by both parties.
3. Communications and notifications between the parties arising from this Agreement shall be made in writing or through instruments that allow proof of receipt, becoming effective on the date of receipt. The notification should be directed to the address entered by the parties in the HEFLO’s register or to the email talkto@heflo.com
4. From now on, all interested parties elect the jurisdiction of the City of São Paulo, State of São Paulo, to resolve any controversies existing because of the HEFLO’S use.
1. Users agree that in addition to these Terms of Use, HEFLO’s use is subject to the usage rules set forth in terms of use available on the App Store or Google Play, depending on the platform used to download the application, which is why you agree to abide by them and accept them when downloading the HEFLO app.