Terms of Use

Last updated [1st of July 2021]

INTRODUCTION

These are the Terms of Use for you, Percival User when the Percival Platform is accessed from a Client account.

Percival by Jux Tecnologia Ltda., under CNPJ/ME nº 35.540.809/0001-90, is a product which provides its Clients with technological solutions for collaborative performance appraisal. The Client, in turn, is Percival's corporate client who, due to the relationship established, grants you access to the Percival Platform as a User.

The use of the Percival Platform by users is subjected to certain terms, conditions and restrictions. We kindly request that you carefully read the Terms of Use and our Privacy Policy (https://www.percival.live/privacy) and use the Platform according to these Terms of Use.

1 – Definitions.

Client: Natural Person or Legal Person who has hired the Percival Platform, and who makes Percival available for the other users within the company.
Content: each and every text, graph, image, music content, audio footage, video footage, piece of information, and any other kind of material made available on the Platform, regardless of it being User Content, Client Content, or Percival Content.

Client Content: all content posted, transferred, published, presented, or broadcast so as to be made available through the Platform by the Client (or any of their representatives or employees acting under their name), including, but not limited to, activities, feedback, comments and statements throughout the duration of the user relationship, on the platform or otherwise.

Percival Content: all content made available by Percival through the Platform, including licensed third-party content, but excluding Client Content and User Content.

User Content: all content posted, transferred, published, presented, or broadcast so as to be made available through the Platform by a user.

Platform: is the digital platform, through which Percival makes the Digital Services available for the Client.

Digital Services: are cloud services provided by Percival to the Client through the Platform for the appraisal of members of collaborative teams, and other activities related to their users.

User: is every employee, representative or subcontractor registered to the Platform and authorized by the Client to use the Digital Services for the Client's object of business.

2 – Platform and Digital Services. Once hired by the Client, Percival will make the Digital Services available for the User through the Platform.

Currently, the Platform provides the following services to users, subjected to the restrictions of the Terms of Use and in accordance with the permissions set between Percival and the Client.

a – Collaborative team member appraisal: allows for the User to create appraisals of contribution, which can be parameterized.

b – Results for fair compensation: allows the user to visualize the employees in graphs containing calculated positions based on the contribution appraisal results so that it's possible to decide on compensation adjustments for members of teams in a fair manner.

The Digital Services described above may have different naming, depending on the settings and parametrics hired by the Client in each Digital Service.

The Digital Services will be provided to Users according to the hiring established between Percival and the Client. Therefore, each user can have access to different Digital Services. Percival does not have any interference over the choice of Digital Services which will be enabled to each user.

To request support services to the Platform, the user must clear their questions with the person in their company who is the Percival administrator for their team. The administrator may get in touch using the e-mail address support@percival.live. Unless agreed otherwise on the contract with the Client, the response time by Percival support services is of up to 24 (twenty-four) hours by e-mail. Support operates on business days according to São Paulo, Brazil calendar, between the hours of 09h a.m. and 06h p.m., Brasília time zone.

3 – Platform Registration. Percival's Platform and Digital Services are available to natural persons who are representatives, employees or subcontractors previously registered by the Client. Platform registration of persons who don't meet these requirements is strictly forbidden, including minors under the age of 14 or persons who have been disabled from the Platform, temporarily or definitively.

The Client will perform the User registration directly on the Platform. No User will be able to perform their own registration directly on the Platform. The User can only access the platform after their registration has been performed by the Client. The User must confirm they have read and understood these Terms of Use and the Privacy Policy. Once confirmed, the User can make use of the Platform and whichever Digital Services have been hired by the Client.

Percival takes every measure within reach to protect User data and privacy, as described by the Privacy Policy: https://www.percival.live/privacy and according to legislation currently in force.

Clients and Users are exclusively responsible for providing, updating and assuring the veracity of data provided during registration and, generally, throughout the use of the Platform. Percival is not accountable for any civil and criminal responsibility originated from fake, incorrect or incomplete data provided by the Clients about the Users.

Percival reserves itself the right to unilaterally delete the registration of any User who might violate these Terms of Use. Percival may also delete the registration of a User under a formal request from the Client.

4 – Platform Access by the User. Access is performed by:

a – e-mail address; or

b – Google Accounts authentication service; or

c – LinkedIn Accounts authentication service

In case of access via e-mail address, the User will receive an e-mail message in the provided address containing a link to access the Platform, and commits themselves to not share said link with others, being fully responsible for whatever use may be made of it.

In case of access via authentication services, the authentication will be under the responsibility of the Client's chosen provider (Google or LinkedIn, for example).

The User commits themselves to notify Percival immediately, by using the contact mechanisms found on the Platform, regarding any unauthorized access or use that has been observed under their account. Every operation performed through the User account will be their responsibility, since access will only be possible under their authentication.

5 – Restricted use. Access and use of the Platform and Digital Services by Users are restricted to (with no loss to other parts present in these Terms of Use):

a – not selling, reselling, licensing, sublicensing, renting, distributing or any other form of providing the Digital Services to others, including, but not restricted to, methods of outsourcing or service bureau without previous authorization by Percival in writing;

b – not using the Digital Service for purposes other than internal Client business;

c – not using the Digital Service for purposes that are unlwaful, offensive, abusive, obscene, including, but not limited to, (i) offence to honor, image, reputation and dignity; (ii) transmission of pornography - and other forms of sexual satisfaction; (iii) acts of racism or discrimination of any nature; (iv) bullying, stalking or any other form or unlawful embarrassment or harrassment; and (v) instigating or supporting the practice of crime, such as trafficking or use of drugs, rape, homicide, embezzlement, among others.

d – not violating the rights of others, including, but not limited to, the rights of intellectual property (copyright, brands, patents, software, etc.), privacy and protection of personal data;

e – not accessing the account of another User for whatever ends, including, but not limited to, impersonating the identity of another person.

f – not sharing their access information with others, including other Users.

g – not providing information on the Digital Services for Pervcival competitors or potential competitors, including, but not limited to, information available on the Platform, screenshots, etc..

h – not loading, storing, processing or broadcasting, through the Platform or Digital Services, codes, files, scripts or programs that are harmful or that can compromise the safety and integrity of Percival's Platform or harm Percival, the Client, Users, or others;

i – not trying to gain unauthorized access access to programs, hardware, systems, networks and source-codes related to the Platform or Digital Services; and

j – not modifying, copying, creating derivative works or reverse engineering (or allowing others to perform reverse engineering), as applicable, of software, hardware, know-how, documents, and whatever other items of intellectual property owned by Percival, including, but not limited to, for the development of a similar product or service or to allow a Percival competitor to have access to such information.

6 – Responsibility for the use of the Platform and Digital Services. The Platform is a tool and only the Users and Client are responsible for data and information input on the Platform, including, but not limited to, Client Content and User Content, feedback, thoughts and any other manifestation of Client and User opinion, or results originated from the input and analysis of such data and information.

It is forbidden to use any device, software or resorts that might interfere with the operation of the Platform, accounts or database. Users who perform an intrusion, attempted intrusion, or any activity that might violate or contradict the laws of intellectual property and the prohibitions stipulated by these Terms of Use, will be subjected to the applicable legal actions.

Yet, the User commits themselves to keeping an up-to-date browser so as to minimize errors and possible security breaches, as well as to assure better Platform performance.

7 – Protection of Personal Data. Percival performs the processing of personal User data according to the instructions from the Client, aiming at allowing for the Platform and Digital services to be used by the Client and their Users. In that sense, Percival acts as carrier of User' personal data, and the Client acts as a controller of said data. The terms "personal data", "processing", "controller" and "operator", amongst others, have their meaning designated by the Lei Geral de Proteção de Dados Pessoais (Lei nº 13.709/2018).

Clients can customize the data to be input by Users on the Platform. Percival has no interference in the reason for collecting or effective use of such data. The Client is fully responsible for the use of said data, exempting Percival from any responsibility originated from misuse, or unlawful or inadequate processing of such data by the Client.

Striving for transparency, in our Privacy Policy (https://www.percival.live/privacy), Users can find more information about the processing of User personal data by the Platform and Digital Services.

All information or data provided by Percival Users are stored in high security servers or magnetic means. All information loaded by Users on the Percival Platform is protected by specialized companies. Percival will take every possible measure to keep confidentiality and safety of Percival Content, but won't be responsible for any loss that may have been originated from the violation of these measures by others who might use improper, fraudulent or unlawful means to access information stored in servers or databases used by Percival.

Percival assures that not even its employees have free access to the database and to Users' personal data, feedback, performance appraisals, comments and further information provided by Users on the Platform, considering that the access is limited to only those whose role demands contact with User data and personal information. These professionals are properly authorized and trained by Percival, keeping the commitment to confidentiality and privacy preservation, under the terms of the Privacy Policy, available on the link: https://www.percival.live/privacy.

To request their personal data which has been collected by Percival to be deleted, the User must get in touch directly with the Client, who is the controller and can make decisions about personal data. In case you direct requests of deletion or any other personal data requests to Percival, we'll forward these requests to the Client.

8 – Modifications to the Terms of Use. The Terms of Use can be updated at any moment by Percival, according to the purpose or need, as well as for the adequacy and legal accordance with law disposition or rule which has equivalent legal power. The version in force is always the most recent one. In case the Terms of Use are updated, the User will be notified by e-mail or during the next Platform login. The new Terms of Use will be in force as of their publishing by Percival.

9 – Percival Responsibility. Percival is not responsible for:

a – vices or technical and/or operational malfunction originated from the Client's system or others';

b – commitment made by Clients through the platform or Digital Services, be it promotions, dismissals, bonuses, compensation, pay raises, targets, objectives, jobs and so on;

c – the effective fulfillment of obligations taken upon by Clients before the Users, or by any of these parts before others, considering that both User and Client recognize Percival as mere supplier of the appraisal tool for members of collaborative teams;

d – refunding its Users for any expenses with phone calls, data plan, SMS, messages, e-mails, mail or any monetary value spent by the User due to contact with Percival, whatever the reason might be;

e – damage or lost profits which the User might suffer due to the actions or omissions performed through the Platform and originated from the behavior of other Users or Client;

f – whatever damage or loss suffered by the User in consequence of their failing internet connection, their provider, their system, their SMS system, their phone line or server used by the User, in consequence of the behavior of others, if fortuitous or force majeure;

g – compatibility between the Platform and hardware owned by the User, considering that the User must keep their equipment up-to-date and can't hold Percival accountable in case the Platform is not accessible from outdated equipment;

h – compatibility between the Platform and whatever browsers the User might use, considering that Percival will only give support to Google Chrome, Firefox and Edge, always updated to their last version; and

i – any virus, trojan, malware, spyware or any software that might damage, change settings or infiltrate User equipment in consequence of access, using or browsing the internet, or as consequence of the of transferring data, information, files, images, text or audio.

10 – Percival's Intellectual Property. Commercial use of the expression “Percival” as a brand, company name or domain name, as well as all of Percival's Content, including logos, brands, insignias, content of screens related to the services of the Platform and the group of programs, databases, networks and files which allow the User to access and use their account, are property of Jux Tecnologia Ltda. and are protected by law and international treaty of copyright, brands, patent, models and industrial design. The use and reproduction, be it total or partial, of the previously mentioned Content from Percival is only allowed once express permission from Jux Tecnologia Ltda has been given.

11 – Feedback. It may be requested, occasionally, that the Users promote suggestions, ideas, recommendations, corrections and feedback related to the Digital Services offered by Percival. This contact is made just so Percival can improve the Platform and the Digital Services, and can be made via the registered e-mail or the Platform itself (in-app). The User is not obligated to provide Feedback about the Digital Services, but in case they do, they agree that if feedback is given, Percival is henceforth authorized to use this feedback publicly as it sees fit, without paying the User any form of compensation or obligation of any nature.

12 – Applicable Law and Competent Court. These Terms of Use are ruled by the laws in force in the Federative Republic of Brazil. For all matters related to interpretation, fulfilment or any other questioning related to these Terms, the parties agree under the Capital District Court of the State of Paraná.