Escoramento

Terms of Use - Brazilian Users

The services are provided exclusively for corporate users based in Brazil and their legal representatives whithin the Brazilian Jurisdiction. If you are not a Brazilian customer or a legal representative of a Brazilian company acting under Brazilian Laws, you MUST NOT use this site and its services. Terms of Use established here apply to all users of our websites and applications made available through the Escoramento.com platform, in any form of availability (internet, mobile, iOS, Android, or any other electronic or printed medium that may reproduce this content, either directly or through advertising), either through the open environment, or through the environment restricted to registered users (subject to login).

By accessing the Escoramento.com platform, you expressly accept and agree to the provisions of these Terms of Use for all of our sites and applications, made available by any means.

Therefore, every user must carefully read the Terms of Use before proceeding. If you do not agree to the Terms of Use, you should not use our Sites and Apps. We recommend that you download this document and keep a copy with you.

The Escoramento.com platform is a B2B platform, with products aimed exclusively at corporate clients under private law, established in the Federative Republic of Brazil. If you are going to use Escoramento.com services on behalf of your company, it is your responsibility to ensure that you have the necessary powers and powers to make decisions and make purchases or contracts on behalf of the company

Specific Conditions

In addition to the General Terms of Use, the final product contract has particular characteristics, which can be negotiated by the customer, specifying terms for the provision of each contract, as well as particular conditions for its use. In this case, the specific terms contracted will be complementary to the general terms of use, and they will always be proposed in advance, and it is up to the user to proceed with the contracting of them.

Open Environments Restricted to Registered Users

The Escoramento.com platform has an open content environment and content restricted to registered users.

Technical information, catalogs, blog content, and publications on our platform are available to all users in the form of these terms of use.

To have access to restricted content, it is necessary for the User to register by providing some personal information to be able to create a login and password that will allow them to have access to commercial conditions, prices and other information. Your data will be processed in strict accordance with our privacy policy, developed in accordance with the LGPDP (General Personal Data Protection Law, 13.708/2018).

The user is responsible for ensuring that the information provided is correct, and he is responsible for its veracity. If any inconsistency is identified, the Escoramento.com platform may request additional clarifications to ensure system security, compliance with the terms of use established here and our policies. In this case, your access may be temporarily or permanently suspended to the environment restricted to registered users, until the issue is resolved.

Sharing access data with third parties

Your access credentials (login, password or any other additional means of security) are personal, individual and non-transferable, and their sharing with third parties is absolutely prohibited. The protection, secrecy and proper use of their access credentials is the user's sole responsibility and in the event of loss or suspicion regarding the possible obtaining of them by third parties, the user must access the platform and change their password immediately. If this cannot be done due to a technical limitation, the user must also contact the Escoramento.com platform immediately through any of our service channels.

Digital Certificate and Digital Signature with Selfie

The platform user uses digital and electronic contract signing technologies, with these functionalities you can close deals using these means such as your signature, without having to go to a registry office to recognize a signature, among other benefits. You can sign documents digitally, through biometric and/or facial recognition, through a Selfie-like photo through your mobile device, cell phone or computer camera. To sign contracts, we work with a digital signature for clients with an approved registration and, exceptionally, with a signature for clients with corporate e-mail, subject to the discretionary approval of this modality by Escoramento.com. In addition to facial recognition, the electronic collection of their fingerprint may be used, if the user has the touch ID functionality registered and activated in the operating system of their iOS cell phone or fingerprint for Android phones.

It is the user's obligation to ensure that the person who has the fingerprint or face registered for their use is actually the person whose information was registered, and the user is aware that the use of the identity of a third party is subject to criminal sanctions, under the terms of Brazilian law.

Submission of Content by Users

There are features on our platform that allow users to send content such as comments, images, messages, photos, documents in text files such as doc, docx, pdf or others, in open environments and also in restricted environments for registered users. In both cases, all content submitted by users is their responsibility, and the platform is however authorized to use them at its sole discretion. In the case of materials sent in open environments, the user authorizes the platform to use the material also openly, at its sole discretion, without any right or compensation for its intellectual content. If the user wishes that this content will not be disseminated, they must request it in writing through any of our service channels.

For content sent through an environment restricted to registered users, the platform cannot publicly disclose them without the user's authorization, and the platform is authorized to process the data for commercial and credit approval purposes, as well as for sharing with partner companies for commercial promotion of interest to both parties. Content in an environment restricted to registered users may include photos, documents, comments and other messages for the purpose of registration, service, for the use of services available on the platform, it being established that these data will not be available in open environments.

upgrades

The content of the Escoramento.com platform, as well as these Terms of Use, receive constant updates with the objective of improving the quality of our services and maintaining compliance with current legislation and new technologies. The user must ensure that their versions of the terms of use and access credentials are up to date, being aware that at any time they can promote updates and that although we do everything possible to communicate in advance of each update of our terms of use, it is the user's responsibility to check if there are any pending updates.

By continuing to access our Sites and Apps after the updates, which will be posted in the terms of use sections of our websites, you agree to the changes as well. If you do not agree with the changes, you must immediately discontinue use and contact us through any of our service channels.

Sending Communications

We keep our users of products and services informed about security information, about this term of use, promotions, technical and commercial information, through a mobile application (push), WhatsApp, Facebook Messenger, Twitter, email and/or other electronic means or physical mail. If you do not want to receive this information through any of these channels, you can disable the receipt in the settings of your operating system, in this case all regular shipping will be suspended according to your instructions and we will only send urgent information regarding delivery, return, security issues that may affect your account, or others expressly provided for in the contract.

External Links

Within our site there may be links to third-party sites and applications and when choosing to follow these links, the user must be aware that they are subject to other terms of use and privacy policies, since Escoramento.com is not responsible for environments managed by third parties and our terms of use and privacy policy are restricted to our environments. The existence of these links does not mean any endorsement or sponsorship relationship between Escoramento.com and these third parties, and it is established that the platform is not responsible for the environment managed by third parties, regardless of whether your access originated from a link on one of our pages.

Sealed Conduits

It is important for the user to keep in mind that the following practices are against our policies and constitute a violation of these terms and conditions of use:

• Commit any illegal act, violate the rights of Escoramento.com or of third parties, and violate current legislation;

• Uploading, sending, or transmitting any erotic, pornographic, obscene, slanderous, defamatory, physical or moral violence content, with an apology for crime, drug use, consumption of alcoholic beverages or smoking products, as well as that promotes or incites hatred, illegal activities, prejudice, or any other form of discrimination for any reason;

• Use any system, automated application, bot, program routine or code to carry out queries, accesses or any other operation on the systems, pages and applications of the platform, and the use and access must always be operated by a human operator;

• Committing acts that harm any Site, Application and equipment of the Escoramento.com platform and of other Users and third parties, including through viruses, trojans, malware, worm, bot, backdoor, spyware, rootkit, or any other means for this purpose, as well as DDNS or similar attacks;

• The reproduction of intellectual content made available and produced by Escoramento.com without our express written authorization in printed media, including through a screenshot (PrintScreens), with or without subsequent editing, is prohibited;

• The capture or obtaining of prices by companies in the same branch of economic activity for the purpose of market manipulation and anti-competitive practices is prohibited.

In the event of verification of any of the conduct described above, the user is subject to warning, temporary or permanent suspension, depending on the seriousness of the violation, at the sole discretion of Escoramento.com, without prejudice to the referral of the case to the competent bodies, and the taking of appropriate judicial measures both in the civil and criminal spheres and in the defense of economic and competitive law.

User Responsibilities

The User is solely responsible for:

• All your actions or omissions taken while accessing the platform and/or communicating through any of our proprietary service channels or through public social networks including but not limited to Facebook, Instagram, Twitter, WhatsApp, etc.;

• For all content sent or transmitted through or to our platform, both in an open environment and in an environment restricted to registered users;

• For the repair of any damage caused to Escoramento.com, third parties or other users, as a result of the misuse of the platform.

In these terms, the responsibility for the actions mentioned above is not and will not be the responsibility of the platform, which is attributable to the person who caused it, as well as for possible unavailability and technical failures of the system resulting directly or indirectly from these actions.

Intellectual Property

All content available on the platform, texts, images, videos, programs, and programming codes, belong to Escoramento.com and can only be used with your prior and express authorization. This content extends to all software, applications or functionalities created, produced or contracted by Escoramento.com for its websites, landing pages, and e-commerce, as well as applications, visual identity, logo, illustrations, videos, courses and blogs, including the text of the terms of use and privacy policies whose copying is prohibited and constitutes copyright infringement.

The same applies to company names, brands, patents, domain names, slogans, advertisements, banners, and promotions or any sign used to distinguish the materials, products and technology of Escoramento.com, inserted on our websites and applications.

By submitting content to Escoramento.com or transmitting through our sites and applications, you authorize Escoramento.com to use the intellectual rights over them irrevocably, without any restriction or limitation of any kind as agreed in paragraph 6 of these Terms of Use. You also guarantee that the content you submit does not infringe the rights or Copyrights of others.

Use of material provided by the platform

The use of the content is only for internal use and for the company or personal use of the user that represents it, and its commercial exploitation is prohibited. You acknowledge that Escoramento.com is the sole owner of all content on the platform. The Escoramento.com Site, the Escoramento.com database, and the entire content of Escoramento.com are protected by copyright and other intellectual property laws and are protected globally by applicable international copyright treaties. You may download and print excerpts from the content of the Shoring Platform only for your personal use, or for your company's internal and non-commercial use, without express, specific, written authorization in this regard. Use with authorization is linked to the maintenance of its originality, with any author attribution, copyright notice, and trademark owned by Escoramento.com.

You may not use any of the content escoramento.com for any purpose other than that for which permission was previously granted in writing. It is important to know that you are not allowed to create a database in electronic or paper format, including all or part of the material that appears on the Escoramento.com website.

Termination of Registration and Suspension of Access

If you wish to close your account for any reason, you can do so through the my account user area, or simply by sending an email to unsubscribe@escoramento.com. If you no longer accept these terms and conditions, or any future updates to them, you must stop using the Escoramento.com platform. Your continued use of the platform indicates your objective acceptance of the updated terms and conditions. If, for any reason, we believe that you have failed to comply with these terms and conditions, we may, at our sole discretion, cancel your services immediately and without notice. We may close your registered account, at our sole discretion, by sending an email to you at the address you registered, informing you that access has been suspended. In any case, the contracts signed between the parties for the provision of services, purchase and sale of products, and their obligations will remain valid until they are fully fulfilled.

Applicable Law and Jurisdiction

These terms and conditions apply to B2B (Business to Business, or simply between two legal entities) and are governed by the Brazilian Civil Code (Novo CCB, LF 10.406/2002) and the parties agree that any issues arising from relations between Escoramento.com and our clients must be resolved primarily in an amicable manner and, if an understanding is not possible at first, the issue will be brought before Arbitration (LF 9.307/1996).

Losses and Damages

By joining and using the Escoramento.com platform, the user agrees to exempt Escoramento.com, and each of its respective directors, shareholders, shareholders, directors and employees from any and all claims, liabilities, costs and expenses, including, but not limited to, legal fees and expenses, direct and indirect losses and damages of any nature, resulting from a violation by you or any user of your account of these terms and conditions or privacy policy, or resulting from a direct or indirect violation of your obligations, representation, and warranties under these terms and conditions.

Responsibility for content

Subject to legal limits, the Escoramento.com platform is not responsible for any statement in the content of the content available on our social channels, blogs or electronic media. The content available on the Escoramento.com platform is made available for illustrative purposes only and must not be used for any specific purpose or at the request of any particular person, without express written authorization by nominally from Escoramento.com. The catalogs and technical materials provided are provided to assist our users in searching for information on an illustrative basis only and must be confirmed by the user, his technical team and his consultants when required. All figures, drawings and technical diagrams submitted must have their dimensions confirmed, and measurements must not be taken to scale. In all cases, the equipment supplier is responsible for ensuring that the indicated capacity will be guaranteed, and the loads acting on the equipment are the sole responsibility of the user, who must verify that the equipment is compatible with the conditions of use at his own expense and under the technical responsibility of his engineering body and/or his consultants.

By using our services and content, you agree that Escoramento.com is not responsible for the use or application of information available on our site, nor for any loss caused as a result of actions taken by you, members of your team, or third parties as a result of reading or downloading content available on our platform, and it is expressly established that it is made available for illustrative purposes only. Before contracting and using a product, the user must always submit its specifications to the technical analysis of a legally qualified professional, with or without the assistance of a specialized consultant, at their discretion.

The content provided by the platform does not represent the personal opinion of the partners, administrators, or controllers of the Escoramento.com platform.

Additional Questions

In addition to the terms of use and updates, users of the services provided by the Escoramento.com platform must always seek prior clarification regarding their questions through our service channels. If you have questions or need more detailed clarifications, you must send them to the following e-mail: contato@escoramento.com, and there is no need for any allegation of ignorance or lack of access. If your question has not been answered, you must stop using our services until the issue has been clarified and contact us through any of our service channels. By joining these Terms of Use, the user undertakes to constantly update himself and whenever he has any questions through these means, but not limited to them, and should always seek technical advice from his own technical engineering team and/or independent specialized professional advice.

Privacy Policy

The Escoramento.com platform has as its fundamental value respect for the user's privacy and the commitment to the protection of their data. All personal information relating to users, members, subscribers, customers or visitors using the digital platform Escoramento.com will be treated in accordance with our privacy policy, which was developed in compliance with the LGPDP (General Personal Data Protection Law, federal law 13,708/2018).

It is very important that you read our privacy policy because this document sets out the guidelines, rules and procedures relating to the processing of data and the privacy of our users ('Privacy Policy') with a detailed explanation of what personal information is collected about visitors to our URL: https://escoramento.com ('website') - when and for what reason they are collected, how they are used, under what conditions they may be disclosed to third parties. It also explains how the Escoramento.com platform keeps them safe. If you have any questions or objections regarding the terms of our privacy policy, you should not continue using our services until these issues are fully clarified and you are in agreement. In this case, you can contact us by email: privacidade@escoramento.com or through any of our service channels.

The services of this platform are provided exclusively to users under the jurisdiction of the Federative Republic of Brazil and are not available to users under the jurisdiction of the European Union. The design of this platform may not meet all the guidelines of Regulation (EU) 2016/679 of the European Parliament and of the Council, the General Data Protection Regulation (GDPR) of the European Union (EU) - or GDPR, it establishes the rules relating to the processing, by a person, a company or an organization, of personal data relating to individuals in the EU. If you are a user located in the jurisdiction of the European Union, you should not continue to use our services.

General conditions of use of the leased assets
Permitted Use

The Customer agrees and guarantees (i) that Escoramento.com has no control over the manner in which the Equipment is operated during the Rental Period by the Customer or any third party that the Customer implicitly or explicitly allows, (ii) that before each use and its return to the Rental Company, the Renter must inspect the Equipment to confirm that the Equipment is in good condition, without defects, legible decals are on the Equipment, and the Equipment is suitable for the use intended by the Customer; (iii) that he has access and reviews the operating instructions and safety for the use of the Equipment in accordance with its load capacity and active and compatible efforts; (iv) that the Customer must immediately interrupt the use and return the equipment to the Rental Company, providing for transportation and unloading to the same place where the removal occurred, if it is damaged, unsafe, deactivated, malfunctioning, or if an Incident occurs; (v) that the Rental Company is not responsible for providing operation and use training and that it is the Customer's responsibility to operate the equipment under supervision and technical responsibility of a qualified engineer and specialized technicians; (vi) that the Equipment must be used and maintained in a careful manner, within the capacity of the Equipment and in compliance with all applicable laws, regulations, as well as all operating and safety instructions supplied with the Equipment and all applicable federal, state, and local laws, permits, and licenses, including, but not limited to the ABNT BR and the Ministry of Labor Regulatory Standards (NRs MT).

Prohibited Use

The Customer must not: (i) alter or cover up any decals or badges on the Equipment, remove any equipment or operating or safety instructions, or alter or tamper with the Equipment; (ii) assign its rights under this Agreement; (iii) move the Equipment from the Site Address without the written consent of Escoramento.com; (iv) use the Equipment in a negligent, illegal, unauthorized, or abusive manner; or (v) disclose the use of the Equipment in any way (including, without limitation, in print, audiovisual or abusive manner) electronic) without formal authorization from Escoramento.com; or (f) allowing the use of the Equipment by anyone other than an Authorized Person (the Customer acknowledges and declares knowledge that the use of the Equipment may be dangerous if improperly operated or stored or by untrained persons).

Guarantees

Escoramento.com disclaims any warranties, express or implied, with respect to the equipment, its durability, condition, or fitness for any specific purpose. All information provided is provided for illustrative purposes only, and the customer is responsible for any inquiries and tests if they deem them necessary. The customer recognizes the acceptance of the equipment 'as it is, where it is', with 'all the faults', as well as their full knowledge and responsibility regarding its use. The customer assumes all risks associated with the equipment and exempts the rental entities from all liabilities and damages (including lost profits, personal injury, and special, incidental and consequential damages, even if advised of the possibility of such damages) in any way related to the equipment, its installation, operation or use, or any defect or failure of the same.