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QULTURE INFORMÁTICA LTDA., A limited company, registered with CNPJ / ME under number 20.893.135 / 0001-30 (“Qulture”) is a legal entity under private law that provides technology services for the development of platforms in performance management and other related activities, carried out with its Partners, through the application and the Qulture.Rocks website (“Platform”).

Through these General Terms and Conditions of Use (“Terms”), Qulture presents users in general with the essential conditions for using the Platform.

By registering in the terms described below and using the services offered by Qulture, the User declares to have freely, expressly and unequivocally accepted the General Terms and Conditions of Use and Qulture’s Privacy Policies, which he agrees to follow. If a third party accepts the Terms of Use and Privacy Policies in place of a User, the User must ensure that: (i) they have legal powers to accept the present Terms of Use and Privacy Policy in such a way; (ii) they have read the document and fully understood the provisions described; (iii) they freely, expressly and unequivocally accepts these Terms.

Version 1.0. Effective from March, 1st, 2020.

  1. Definitions
    1. For the purposes of this document, the following definitions and descriptions should be considered for better understanding:

Content: any and all text, graphics, images, music, audio, video, information or other material made available on the Platform, regardless of whether it is User Content, Partner or Qulture Content.

Qulture Content: any and every content that Qulture makes available through the website, including any licensed content from third parties, but excluding Partners and User Content.

Partner Content: any and every content that a Partner posts, transfers, publishes, presents or transmits to be made available through the Platform including, but not limited to, its activities, feedbacks, comments and statements throughout the relationship with Users, on the Platform or out of it.

User Content: any and every content that a User posts, transfers, publishes, presents or transmits to be made available through the Platform.

Link: Terminology for Internet address.

Platform: designates the digital platform, made available by Qulture, which enables the provision of performance management services to Partners and Users and any other sites, applications, applications, service channels offered by Qulture.

Partner: Individual or Legal entity that has hired Qulture Services for the Provision, as described in these Terms.

Services: are the services provided by Qulture in favour of Users and Partners through the Performance Management Platform to enable the use of the following Products:

  1. Performance Evaluation; 
  2. Instant feedback; 
  3. Compliments;  
  4. Goal Management / OKRs; 
  5. Individual Development Plan (IDP);  
  6. 1 on 1 – Meetings between employees; and  
  7. Company Management.

User: any and every qualified individuals who use the services provided by Qulture or visit the Platform.

  1. Object
    1. The Platform provides Users with the following Products (the “Services”):
  1. Performance Evaluation; 
  2. Instant feedback; 
  3. Compliments;  
  4. Goal Management / OKRs; 
  5. IDP – Individual Development Plan;  
  6. 1:1 – Conversations between employees; and 
  7. Company Management.

For more information on how the Products work, we suggest reading them on the official website: https://qulture.rocks.

  1. After contracting the Services and carrying out the prior registration by the Partner, the User must access the web version of the Platform and complete their registration by completing the form provided at the first login in the User area where they declare to have read, understood and accepted these Terms. After acceptance, they can use the Platform as long as they have an active account.
  2. To request support services on the Platform, the User must contact the specialized team through: email help@qulturerocks.com or through the chat available in the web version of the Platform. The response time for support services by the Qulture team is up to 2 (two) hours for chat and up to 24 (twenty-four) hours for email. The service is available on working days on the São Paulo, Brazil, calendar, from 9am to 6pm Brasília time.
  3. Ability to Register
    1. Qulture Services are available to individuals who are collaborators or employees previously accredited by Partners. Therefore, people who do not have this ability, including minors or people who have been disabled from the Platform, may not use it temporarily or permanently. Users are now warned of the legal sanctions set out in the Brazilian Civil Code.
    2. Qulture may unilaterally delete the registration of Users when it is verified that the User’s conduct is or will be harmful or offensive to other Users, to the Partner, to Qulture and to its employees or to third parties. Qulture may delete the User’s registration and profile, upon formal request from the Partner.
  4. Registration
    1. In order for the User to be able to use the Platform, he will need to have two pieces of information: (i) full name and (ii) e-mail address or CPF at the time of registration.
    2. Users, when accepting this Terms of Use and Privacy Policy through the checkbox on the acceptance screen, grant their free, express, informed and unequivocal consent for data collection carried out by Qulture and the Partner.
    3. Qulture takes all measures within its power to protect the User’s data and privacy, in compliance with the current legislation.
    4. It is the exclusive responsibility of the Partners to provide, update and guarantee the accuracy of the registration data, and Qulture does not have any type of civil and criminal liability resulting from untrue, incorrect or incomplete data provided by the Partners about the Users.
    5. It is the exclusive responsibility of the Partners to provide, update and guarantee the accuracy of the registration data, and Qulture does not have any type of civil and criminal liability resulting from untrue, incorrect or incomplete data provided by the Partners about the Users.
    6. If Qulture considers a registration, or the information contained therein, suspected of containing erroneous or untrue data, Qulture reserves the right to suspend, temporarily or permanently, the User responsible for it. In the case of application of any of these sanctions, Users will not be entitled to any type of indemnity or compensation for losses and damages, loss of profits or pain and suffering.
    7. The User can access their account through:
  1. (i) login, which can be email address or cpf, depending on the Partner’s settings, and (ii) password, committing itself not to inform third parties of this data, being fully responsible for the use made of them; or
  2. Single Sign On (SSO), if enabled in the Partner settings. In these cases, authentication is under the responsibility of the supplier, which may be Slack, Gmail or some user manager based on the SAML protocol, such as Microsoft’s ADFS.

4.7.1. In addition to the forms of authentication (i) and (ii), the Partner may contract the second factor of authentication (2FA) functionality. In such cases, Users corresponding to that Partner must log in to the Platform by two authentication factors. Thus, in addition to the forms described in Clause 4.7., The User must include a verification code, ensuring greater security of his data and information in Qulture. For more information we recommend reading: http://bit.ly/qr-seg.

  1. The User commits to notify Qulture immediately, through the contact channels maintained by Qulture on the Platform, regarding any unauthorized use of his account. The User will be solely responsible for the operations carried out on their account, since access will only be possible through the use of a password of their exclusive knowledge.
  2. Under no circumstances will the assignment, sale, rent or other form of transferring the User profile and registration be allowed. It will also not be allowed to create new registrations by people whose original registrations have been cancelled due to violations of Qulture’s policies.
  3. Qulture reserves the right, unilaterally and without prior notice, to refuse any registration request and to cancel a previously accepted registration.
  4. To request the deletion of your personal data collected and registered by Qulture, the User must contact us via email legal@qulture.rocks. 
  5. Privacy of Information
    1. All information or personal data provided by the Qulture User is stored on servers or high security magnetic means. 
    2. Qulture will take all possible measures to maintain the confidentiality and security of the Platform Content, but will not be responsible for damages that may be derived from the violation of these measures by third parties using undue, fraudulent or illegal means to access the information. stored on the servers or databases used by Qulture.
    3. Qulture ensures that not even its employees have free access to the Users’ database and personal information, feedbacks, performance evaluations, comments and other information entered by Users on the Platforms, with access limited to only those whose role requires contact with Users’ personal data and information. These professionals are authorized and trained by Qulture, maintaining the commitment to confidentiality and preservation of privacy, under the terms of the Privacy Policy, available at the link: https://qulture.rocks/en/privacy-policy.
    4. Qulture, for legal reasons, will keep the following information in its database: (i) the user’s full name; (ii) CPF or part of it and (iii) basic registration data such as date of contracting and date of deletion of data, collected from Users who exclude their registration.
    5. All information provided by Users to Qulture is protected by specialized companies.

Users’ names, e-mails address and other data may be used to send notifications, account information or services provided, notices of Term breaches and other communications that Qulture deems necessary. The receipt of these depends on the choice of the Partner, as well as their cancellation. If the Partner grants the User this option, to cancel the receipt the User must click on the unsubscribe link in the emails in which the option is active or send an email to help@qulture.rocks. We alert Users that Partners will be notified of requests that are formalized.

For more information about the information and personal data of Users, we suggest that you consult the Privacy Policy at the link:  https://qulture.rocks/en/privacy-policy.

  1. Modifications to the General Terms and Conditions
    1. Qulture may update the Terms of Use at any time, according to the purpose or need, such as for adequacy and legal compliance with a provision of law or rule that has equivalent legal force, the current version being always the most recent. In such cases, you will be notified by email and must accept the terms again at the next login you make on the Platform.
    2. The new Term will come into force 5 (five) days after the receipt of the notification by Users. If the User does not perform the acceptance procedure, the Partner will be notified and will no longer be able to access the Platform.
  2. Products Available to Users
    1. The Platform may make the following Products available to Users, subject to restrictions and according to permissions defined by the Partner:
      1. 7.1.1. Performance Review: allows the User to create competencies and goals evaluations, 90, 180 or 360 degrees, which will be customizable according to the Partners’ requests;
      2. Box: allows the User to view employees positioned in graphs which are calculated based on the results of the Performance Evaluation; allowing also to carry out position changes;
      3. Feedback: allows Users to send feedbacks to any other User enabled by the Partner;
      4. Praise: allows Users to send praises to any other User enabled by the Partner;
      5. Individual Development Plan (IDP): allows Users to register career plans;
      6. Goals Management / OKRs: allows the alignment of goals / OKRs between Leader and led users;
      7. Meetings between Users (1 on 1): allows individual meetings between leader and team users; and
      8. Company Management: allows the User, indicated and authorized by the Partner, to manage the profiles of other Users and also the Partner’s settings.
    2. The Products will be made available to Users according to the contract between Qulture and the Partner. In this way, a User may have access to different Products from another. Qulture has no influence on the choice of Products that will be released to each User.
    3. The Platform is a means tool and only the Users and the Partner are responsible for the data entered in it, as well as the results from the input and analysis of this data.
    4. Partners will be able to customize the data that will be input by Users on the Platform, with Qulture having no interference in the reason of the collection or use of this data. The Partner is fully responsible for the use of this data, exempting Qulture from any liability resulting from misuse or leakage of such data.
    5. The Products described in item 7.1. may have other nomenclatures, depending on the Partner.
  3. Cancellation policy
    1. If the User fails to provide the services to the Partner, their registration and profile will be disabled and their access will be blocked, respecting the provisions set out in Qulture’s Privacy Policy.
    2. Qulture reserves the right to exclude unilaterally and at its sole discretion, with no amount due to the User by way of termination or indemnity, comments and registration of Users that contain:
      1. Offense to the honour, image, reputation and dignity of others; 
      2. Pornography, paedophilia, and other forms of sexual satisfaction;
      3. Racism or discrimination of any kind;  
      4. Bullying, Stalking or any other kind of illegal constraint or harassment;  
      5. Manifest violation of copyright or image rights; 
      6. Use of third-party brands, symbols, logos or badges; 
      7. Instigation or advertising to the practice of crimes, such as trafficking or the use of narcotics, rape, homicide, fraud, among others;  
      8. Errors or suspected misconceptions.  
  4. Obligations of Users
    1. The User may not:   
      1. Post, publish or distribute any offensive, false, inappropriate, pornographic, racist, humiliating, vulgar, vengeful, threatening, dubious or defamatory content. 
      2. Post, publish or distribute any content that violates a law, an intellectual property right or copyright.  
      3. Accessing a third user’s Qulture account or assuming a false identity or false affiliation with another person or entity.  
      4. Engage in fraudulent activity, send spam, advertise or promote other sites, products or services.  
      5. Use the Platform for any illegal purpose or that violates local, state, national or international laws.  
      6. Defame, abuse, threaten, defraud, assault or offend any User of the Platform or attempt to collect personal information about a User or a third party without their express permission.  
      7. Remove, disable, invade, damage, bypass or interfere with any security aspect of the Platform, User content. 
      8. Reverse engineer, decompile, deconstruct or try to discover the source code of the Platform. 
      9. Modify, adapt, translate or create any derivative work on the Platform without the express authorization of Qulture. 
      10. Interfere with or damage users’ experience with the Platform, including participation in denial of service attacks, viruses, unwanted advertising or any other malicious code.  
      11. Share with third parties access to the User’s account on the platform.  
      12. Take screenshots while using the Platform and share with third parties that may make malicious, illicit, illegal, inappropriate, doubtful or harmful use to Qulture, its employees, Users, Partners or third parties.  
    2. The User agrees to defend, indemnify and exempt Qulture, its employees, executives, representatives, directors or any member of the organization from any and all lawsuits, obligations, losses, costs or debts, including, but not limited to, attorney fees, arising from your attitude related to (a) use and access to the Platform; (b) breach of any provision of these Terms of Service; (c) violation of any third party right, including, but not limited to, copyright, privacy or property rights; or (d) any claim that any User Content posted by you has caused harm to third parties. Such defence and indemnification obligation will survive these Terms of Service.
    3. Qulture is not responsible for the tax obligations that fall on the activities of the Partner or the User. The Partner, in accordance with the law in force, will be responsible for the fulfilment of the integrality of the obligations arising from its activities, notably those related to the incident taxes.
    4. Qulture is not responsible for data entered on the Platform such as comments or publications, goals / OKRs, feedbacks, thoughts and any other opinion expressed by Partners and Users.
  5. Privacy Policy
    1. These Terms are subject to the provisions and conditions related to privacy indicated in Qulture’s Privacy Policy, which can be accessed through the following link: https://qulture.rocks/en/privacy-policy.
  6. Prohibited Practices
    1. Users may not: (i) Obtain, store, disclose, market and / or use personal data or information about other Users or other Content on the Platform for commercial or illegal purposes; (ii) Use automatic means, including spiders, robots, crawlers, data capture tools or similar to download data from the website (except Internet search tools and non-commercial public files); (iii) bypass, or attempt to circumvent, in any way whatsoever, the website’s system, mechanism and / or platform.
  7. System or Database breach
    1. It is prohibited to use a device, software or other resource that may interfere with Platform activities and operations, as well as in advertisements, descriptions, accounts or their databases. Any interference, attempt, or activity that violates or contravenes the intellectual property laws and the prohibitions stipulated in these Terms will render the responsible liable to suffer the effects of the pertinent legal actions, as well as the sanctions provided for herein, and is also responsible for indemnifying Qulture or its Users for any damages caused.
  8. Responsibilities
    1. Qulture is not responsible for technical and / or operational defects or defects arising from the User’s system or from third parties.
    2. Qulture is not responsible for the commitments assumed by the Partners on the Platform, whether they are promotions, dismissals, bonuses, remuneration, increases, goals, objectives, jobs and the like.
    3. Qulture will not be responsible for reimbursing its Users for any expenses with phone calls, data packages, SMS, messages, emails, correspondence or any other amount spent by the User due to contact with Qulture or any other Users, for any reason let it be.
    4. Qulture cannot be held responsible for the effective fulfilment of the obligations assumed by Users or Partners. Users and Partners recognize Qulture as a mere tool supplier for performance management. 
    5. In no case will Qulture be responsible for any loss of profit or any other damage and / or loss that the User may suffer due to actions or omissions carried out through the Platform, resulting from the conduct of other Users or the Partner.
    6. In the event that one or more Users or any third party initiates any type of complaint or legal action against another or other Users or against the Partner, each and every User involved in the complaints or actions exempts Qulture and its directors, managers, employees from all responsibility, agents, workers, representatives and attorneys.
    7. Qulture reserves the right to assist and cooperate with any judicial authority or government agency, and may send registration or business information about its Users and Partners, when it considers that its assistance or cooperation is necessary to protect its Users, employees, collaborators, administrators, partners or anyone who may be harmed by the action or omission combated.
  9. Problems arising from the use of the system
    1. Qulture is not responsible for any damage, loss or loss suffered by the User due to failures in their internet connection, with his provider, in the system, with the SMS system, with the telephone line or on the server used by the User arising from the conduct of third parties or force majeure.
    2. Qulture is not responsible for the compatibility between its Platform and hardware owned by the User. The User must keep their equipment up to date and cannot hold Qulture responsible if the Platform is not accessible on outdated equipment.
    3. Qulture is not responsible for the compatibility between its Platform and the browsers that the User uses. Qulture only supports Google Chrome, Firefox and Edge browsers which are always updated in their latest version and Internet Explorer in the most current version 11.
    4. The user is committed to maintaining the updated version of the browser and mobile application, to minimize errors and possible security flaws, as well as to ensure the best performance of the Platform.
    5. Qulture will also not be responsible for any virus, trojan, malware, spyware or any software that may damage, alter the settings or infiltrate the User’s equipment as a result of accessing, using or browsing the Internet, or as a result of the transfer of data, information, files, images, text or audio.
  10. Intellectual Property and Links
    1. The commercial use of the expression “Qulture” as a brand, business name or domain name, as well as logos, brands, insignias, content of the screens related to the Platform services and the set of programs, databases, networks and files that allow that the User accesses and uses his account, are owned by Qulture and are protected by international laws and treaties on copyright, trademarks, patents, models and industrial designs. The misuse and the total or partial reproduction of said contents are prohibited, except with express authorization from Qulture.
  11. Indemnity
    1. The User will indemnify Qulture, its subsidiaries, controlled companies, direct or indirect controllers, directors, administrators, collaborators, representatives and employees, including regarding legal fees, for any demand promoted by other Users or third parties, arising from the activities of the first on the Platform , of any breaches by the User, of the Terms and other Qulture policies or, still, of any violation, by the User, of law or of third party rights.
  12.  Feedback
    1. The User may be asked to promote suggestions, ideas, recommendations, corrections and other feedbacks (“Feedbacks”) in relation to the Services provided by Qulture. The User agrees that in the event of providing Feedback, Qulture is authorized to reproduce, develop, use, create works derived from, publicly perform, display, transmit, distribute, license, sell, offer to sell or discard this feedback without payment of any remuneration or any other obligation of any kind for the User. We remind you that Users are not required to provide Feedback.
  13.  Applicable Legislation and Forum of Election
    1. All items in these Terms are governed by the laws in force in the Federative Republic of Brazil. For all matters relating to interpretation, compliance or any other question related to these Terms, the parties agree to submit to the São Paulo District Forum.