Terms and Conditions of Use

1. KEY TERMS

Essential terms for understanding this document:

a. DATABASE - storage of a set of personal data

b. REGISTRATION - personal information provided by users

c. CANCELLATION - the possibility of contractual termination and suspension of platform use

d. CONSENT - free, informed, and unequivocal expression by which the user agrees to the presented terms and the processing of their data

e. PERSONAL DATA - information related to natural persons

f. LICENSE - permission to use certain features

g. PLANS - service packages offered by the platform

h. PLATFORM - online environment where data management and telephone service solutions are provided

i. INTELLECTUAL PROPERTY - recognition of authorship of creation and production

j. OWNER - the person who holds the rights related to the platform

k. RESPONSIBLE - obligated to preserve certain information and liable for any damages

l. RISKS - situations that are subject to occurrence

m. USERS - have a commercial relationship with the platform and use its services, including companies, their employees, collaborators, customers, and representatives

n. VISITOR - a person who accesses the platform, even temporarily, without registering

o. SYSTEM VIOLATION - improper use of the platform and information

2. ABOUT THE 55PBX PLATFORM

2.1 55PBX is a Virtual PABX (Private Automatic Branch Exchange) VoIP (Voice over Internet Protocol) platform via SIP (Session Initiation Protocol) that offers complete telephone service solutions for businesses, offices, and communication centers.

2.2 The information and features of the services and subscription plans offered by 55PBX are available on the website: https://www.55pbx.com/https://www.55pbx.com/

2.3 The proper functioning of the Platform and its features depends on the technological characteristics of the devices used, the service plan subscribed to, the Users' internet connection, and the Users' technical knowledge and capabilities.

2.4 55PBX declares that this agreement, as well as the platform and other services provided, comply with measures to combat money laundering and corruption in all its forms, including extortion and bribery, in compliance with all applicable laws, especially the law on money laundering or concealment of assets, rights, and values (Law 9.613/98) and the anti-corruption law (Law 12.846/2013).

2.5 The platform adopts and supports social commitments to combat illegal practices, discriminatory and inhumane conduct in labor relations, and is committed to providing its services sustainably, applying environmental preservation policies in its activities, avoiding harmful practices, and complying with current environmental legislation, including but not limited to the National Environmental Policy Law (Law 6.938/1981) and the Environmental Crimes Law (Law 9.605/1998).

3. PLATFORM AVAILABILITY

3.1 55PBX commits to making its best efforts to maintain satisfactory operation of the Platform, enabling access and use of its functionalities by Users, guaranteeing a service level of 99.00% (ninety-nine percent) Platform availability ('Service Level') during each monthly billing cycle. This is limited to the availability of the Platform and does not include the availability of fixed, mobile, or internet service provider networks.

3.2 A service level below the agreed level does not entitle Users to monetary compensation, but only to the right to claim service credits, which will be calculated based on the license value, as shown in the table below:

3.3 The credit referred to in the previous section must be requested from 55PBX within 30 (thirty) days of the unavailability, including information about the period when the Platform was supposedly unavailable. Once unequivocal confirmation of the Platform's unavailability is established within the specified levels, the User will be entitled to the credit within 30 (thirty) days of the request.

3.4 Any credit obtained will be offered to the User in the month following the request, as a discount on the contracted monthly fee. Under no circumstances will there be a refund of amounts paid by the User.

3.5 Failure by the User to report the unavailability within the established period will result in full and irrevocable waiver of the rights established in this Clause, and they cannot be demanded under any circumstances.

4. PLATFORM REGISTRATION

4.1 By registering, the User declares and expressly guarantees that they are fully capable of freely exercising and enjoying the services.

4.2 By accepting these terms, the User declares that they have provided truthful, complete, and up-to-date information as requested during the registration process for using the Platform. 55PBX is not obligated to verify or control the accuracy of the information provided by the User at any stage of Platform use. The User is civilly and criminally responsible for the accuracy of the information provided to 55PBX.

4.2.1 If the information provided by the User is false, the platform has the right to suspend or terminate the User's account and refuse to provide any services, without prejudice to legal consequences.

4.2.2 55PBX reserves the right to use all legal means to contact its Users and may, at any time, request additional documents and/or data that it deems necessary to verify the provided registration information at its sole discretion.

4.2.3 The User is solely responsible for keeping access passwords secure and for Platform usage. 55PBX is not responsible for any damage resulting from the disclosure of the User's passwords to third parties.

5. PLATFORM USAGE RULES

Both the user and the visitor must comply with the following rules when using the platform, under penalty of having their access suspended and being held legally responsible when applicable.

5.1 5.1 When registering or updating data, the user must provide truthful information, under penalty of responsibility;

5.2 5.2 More than one registration under the same person's name is not allowed;

5.3 5.3 It is the user's responsibility to keep their physical and electronic addresses updated, and notifications, communications, and notices sent to the registered addresses will be considered valid and received;

5.4 5.4 It is the user's responsibility to obtain opt-in from the message recipient when using the SMS sending service.

5.5 5.5 The user is fully responsible for the information transmitted through the messaging system.

5.6 5.6 Refrain from engaging in any prohibited actions outlined in these Terms of Use and respect the presented Privacy Policies;

5.7 5.7 The use of any device, software, or other resources that may interfere with the Platform's activities and operations or its databases is prohibited.

5.8 5.8 The dissemination of any malicious software, attack, or invasion of the platform is prohibited;

5.9 5.9 The use of any automatic or manual device to monitor or copy any content from the Platform is prohibited;

5.10 5.10 The user must not license, sell, resell, transfer, assign, distribute, or make the platform's services available to third parties without prior authorization;

5.11 5.11 The user agrees to comply with applicable laws, regulations, rules, and principles when using the Platform.

5.12 5.12 The user may not transmit any information, recordings, or content that is illegal, harmful, threatening, abusive, or that violates the rights of others.

5.13 5.13 55PBX rejects any form of discrimination or violence, and users must refrain from engaging in such conduct.

6. PAYMENT CONDITIONS

6.1 6.1 The platform's maintenance fee will be agreed upon at the time of contracting and must be paid monthly by the user via bank slip or credit card through the integrated payment system.

6.2 6.2 The prices for the offered subscription plans, as well as the payment slips, can be consulted on the website: https://www.55pbx.com/, under Prices and Rates.

6.3 6.3 Failure to receive the payment slip via email does not prevent payment, and the slips are available on the platform itself.

6.4 6.4 The contracted prices include all specific fees, supervision, administration, and taxes.

6.5 6.5 55PBX may, at any time, unilaterally alter and update the values and characteristics of the offered plans with 30 days' prior notice.

6.6 6.6 Extraordinary costs are not included in the fixed price, and contractual adjustments may be made in cases of economic imbalance.

6.7 6.7 If the user is more than 15 days late in payment, the contracted services may be suspended by 55PBX without prior notice.

6.8 6.8 In the case of default, services and subscriptions will be automatically suspended and canceled.

7. CANCELLATION

7.1 7.1 The user may, at any time, request contract termination and service cancellation, without a termination fee, provided they give at least 30 days' notice before the next due date.

7.2 7.2 After the contract period ends, 55PBX is under no obligation to store or provide data to the user or third parties.

7.3 7.3 55PBX may immediately suspend the user's use of the Platform in cases of fraud, court orders, or violation of obligations.

7.4 7.4 There will be no refund of paid amounts, except in cases where 55PBX terminates the contract, in which case the user will receive a proportional refund.

7.5 7.5 In other cases as provided by law.

7.6 7.6 The user must refrain from defamatory or discriminatory conduct in dealing with 55PBX employees and using its services.

8. USER SUPPORT

8.1 8.1 In case of doubts, technical issues, or platform unavailability, the User can contact 55PBX through the following channels:

a. E-mail - financeiro@55pbx.com.br

9. PLATFORM RESPONSIBILITY LIMITATIONS

9.1 55PBX is solely intended to offer telephone support solutions, according to the contracted plan, and is not responsible for the use of services or related issues, depending on the proper functioning of the Platform and its features, the technological characteristics of the devices used, the service plan contracted, the Users' internet connection, and the Users' technical knowledge and capacity.

9.1 9.1 55PBX is solely intended to offer telephone support solutions, according to the contracted plan, and is not responsible for the use of services or related issues, depending on the proper functioning of the Platform and its features, the technological characteristics of the devices used, the service plan contracted, the Users' internet connection, and the Users' technical knowledge and capacity.

9.2 9.2 55PBX has no direct or indirect responsibility for any moral or material damages related to the negligent or willful conduct of Users during the use of the Platform. 55PBX will not be liable for any damage not directly caused by it and must be exempt from blame and compensated by the User or third party involved in case of any harm.

9.3 9.3 55PBX will not be responsible for the need for opt-in from the recipient when using the message sending system, nor for the content sent, which is the sole responsibility of the user.

9.4 9.4 55PBX will not be liable, under any circumstances, for any technical issues or inconsistencies presented in the customer's infrastructure, in their servers, internet connection, data traffic speeds, and/or software used.

9.5 9.5 55PBX does not guarantee that the Platform will always be error-free, uninterrupted, and/or stable and cannot, therefore, be held liable for any moral or material damages caused to Users, as well as for any lost profits, due to any inconsistency in the operation of the Platform.

9.6 9.6 55PBX will not be responsible for damages, errors, or interruptions in the provision of information by independent service providers, including platforms and external services connected to 55PBX, internet connection services, and any other independent sites and services. Such systems are not covered by the 55PBX contract.

9.7 9.7 55PBX is not responsible for any damage, loss, or data loss, including loss of records and recordings, suffered by the User due to internet connection failures, with their provider, the operating system, or the User's server, resulting from third-party actions, unforeseen events, or force majeure.

9.8 9.8 55PBX only performs a preliminary verification of Users registered in its database by analyzing the basic information and documents required at the time of contracting, and is not responsible for the actions of its Users or the data provided.

9.9 9.9 The User is solely responsible for keeping their access passwords secure and using the Platform, and 55PBX is not liable for any damage resulting from the disclosure of the User's passwords to third parties.

9.10 9.10 These Terms do not imply or signify, in any way, any contract of partnership, mandate, franchise, or employment relationship between 55PBX and the User, their employees, customers, or representatives.

10. RESPONSIBILITIES AND RISKS OF USERS AND VISITORS

10.1 10.1 The User declares and expressly guarantees to be fully capable, able to freely exercise and enjoy the services of the Platform by free and unrestricted choice and acknowledges and accepts as their sole responsibility and risk the use of the Platform, as well as the consequences and results of its use.

10.2 10.2 The User undertakes to keep their physical and electronic addresses up to date, with notifications, communications, and notices sent to the registered addresses being considered valid and received.

10.3 10.3 The User agrees to use the platform only for legitimate purposes, in compliance with these terms and all applicable laws, bearing all damages, penalties, and consequences for failure to do so.

10.4 10.4 The User is aware that they are solely responsible for the use, storage, and maintenance of all access passwords.

10.5 10.5 When using the message sending system, the User is solely responsible for collecting the recipient's opt-in, as well as for the content sent.

10.6 10.6 The User understands and is aware of all the risks involved in using the Platform and undertakes to employ the diligence and care reasonably expected of someone using the features and contracting the services offered on the Platform.

10.7 10.7 The User must provide all the necessary resources for the proper functioning of the Platform, and 55PBX cannot be held responsible for any inability to use the Platform due to the lack or inefficiency of the necessary resources.

10.8 10.8 The User is fully responsible for the information, recordings, or any content made available through the use of 55PBX.

10.9 10.9 The User agrees to indemnify and/or exempt 55PBX and its representatives from any claims, lawsuits, losses, liabilities, and expenses, including reasonable attorney's fees and court costs, resulting from any damages caused or suffered directly due to the use of the Platform, in cases where 55PBX is not solely responsible.

10.10 10.10 Services provided by the User to third parties are their sole responsibility, and 55PBX is not responsible for any direct and/or indirect damages caused to others.

10.11 10.11 The User is fully aware that the Terms presented do not imply or signify, in any way, any partnership, mandate, franchise, or employment relationship between 55PBX and the User, their employees, clients, or representatives.

11. PLATFORM LICENSE

11.1 11.1 Users and visitors are aware that ownership and all rights over the 55PBX platform, consisting of a PABX (Private Automatic Branch Exchange) Virtual VoIP (Voice over Internet Protocol) system via SIP (Session Initiation Protocol), offering complete telephone support solutions for companies, offices, and communication centers, remain with 55PBX, with only the right to use the mentioned features being transferred.

11.2 11.2 The License does not include any rights to the Platform's source code or any tools or systems used in its development. The License refers exclusively to the object of these Terms in everything that authorizes or allows the User to do.

11.3 11.3 New features that modify, improve, or enhance the Platform may be freely implemented at the sole discretion of 55PBX, including the launch of new tools and resources, which will be informed to users through notices on the platform itself. If the User does not agree with the changes made, they must express this via email to financeiro@55pbx.com.br. Continued use of the Platform after any changes constitutes the User's consent to the change.

11.4 11.4 The creation or implementation of new features, modules, or resources requested by the User is not part of the License and is not the subject of these Terms, and may be subject to a new contract.

12. INTELLECTUAL PROPERTY

12.1 12.1 The User is granted a non-exclusive, non-transferable, and non-sublicensable license to access and use the platform and the services it provides.

12.2 12.2 The Contractor does not acquire any intellectual property rights, including patents, designs, trademarks, logos, copyrights, or rights to confidential information or trade secrets, over or related to 55PBX or any part of it.

12.3 12.3 The User may not (i) modify, copy, or create software or services derived from the Platform; (ii) copy, duplicate, or mirror any content that is part of the Platform; (iii) reverse engineer the Platform; (iv) assign, license, sell, lease, mortgage, donate, alienate, or in any way transfer to third parties, totally or partially, under any modality, free or onerous, temporary or permanent, the Platform subject to these Terms, as well as its manuals or any information related to it; (v) access or use the Platform to: (a) build a competing product or service, (b) copy any ideas, features, functions, or graphics from the Platform.

12.4 12.4 The use of the platform by users is personal, individual, and non-transferable, and any unauthorized, commercial or non-commercial use is prohibited. Such uses will constitute a violation of intellectual property rights.

12.5 12.5 The commercial use of the name 55PBX as a trademark, trade name, or domain name, as well as the logos, brands, insignias, platform layout, screen content related to the Platform's services, and the set of programs, databases, networks, and files that allow the User to access and use their account, are the property of 55PBX or its business partners and are protected by copyright, trademark, patent, model, and industrial design laws and international treaties.

12.6 12.6 Reverse engineering, as well as decompiling or decomposing software related to the Platform owned by 55PBX, is prohibited.

12.7 12.7 The Contractor acknowledges that any comments and suggestions provided to 55PBX that generate innovations or implementations incorporated into the Platform will belong to 55PBX, which will hold all intellectual rights, even if the User has paid for the implementation of the suggestions.