Terms of Use

Last updated: January 8, 2026.

Genyo invites you to learn about its Application (under the domain app.genyo.com.br) and presents the terms and conditions that govern the use of its Application.

Please read carefully the conditions set forth below so that you may enjoy the services provided by the website. Please remember that, by using them, you declare that you are aware of these “Terms and Conditions of Use” and agree with all of their clauses and conditions.

If you do not agree with any provision of these “Terms and Conditions of Use,” please do not use our services.

Notice to Non-Brazilian Customers

The Service is a Brazilian Electronic Time Tracking System (REP-P) regulated by the Brazilian Ministry of Labor and Welfare (Ordinance MTP 671/2021) and is intended primarily for use by entities subject to Brazilian labor law. Customers domiciled outside Brazil may contract the Service but acknowledge that: (i) this Agreement is governed by Brazilian law; (ii) pricing is in Brazilian Reais (BRL) only; (iii) personal data is processed in Brazil; (iv) the Service may not satisfy labor or regulatory requirements of jurisdictions other than Brazil; (v) mandatory consumer protection rights granted by their local laws that cannot be waived by contract remain applicable. By contracting the Service, non-Brazilian Customers expressly accept these conditions.

1. THE GENYO APPLICATION

1.1. GENYO TECNOLOGIA DA INFORMAÇÃO LTDA, a private legal entity, registered under CNPJ No. 29.359.555/0001-06, with its principal place of business in Belo Horizonte/MG, email address: [email protected], provides, through these terms, the use of the computer program and applications for mobile devices (cell phones and tablets) called “Genyo” (the “SOFTWARE”), with its technology for “time tracking with photo,” “time-record validation by authentication,” advanced search by “top statistics — including top overtime hours, top late hours, and top punctuality,” “QR Code,” “Virtual Fence,” “Advanced Reports,” and “Work Units.”

1.2. Genyo’s technology is marketed as an alternative method of work-hour control, authorized by Ordinance No. 373 of 2011 of the Ministry of Labor and Employment (MTE) and by Ordinance No. 671 of 2021 of the Ministry of Labor and Welfare (MTP) as an Electronic Time Tracking Registrar via Software (REP-P).

2. COPYRIGHT AND INTELLECTUAL PROPERTY

2.1. The commercial use of the expressions “Genyo,” whether as a trademark, business name, and/or domain name, in addition to the contents of the Site and/or System screens, as well as the System itself, databases, networks, and files that allow the user to access their account, are the property of Genyo and are protected by international laws and treaties on copyright, trademarks, patents, models, and industrial designs.

2.2. By accessing this Site and/or System, visitors and users declare that they will respect all intellectual property rights and those arising from the protection of trademarks, patents, and/or industrial designs, filed and/or registered in the name of Genyo, as well as all rights pertaining to third parties that may be, or have been, in any way available on the Site and/or System. Mere access to the Site and/or System does not grant any rights to the use of the names, titles, words, phrases, trademarks, patents, literary, artistic, or musical-literary works, images, data, and information, among others, that are or have been available therein.

2.3. The reproduction of the contents previously described is prohibited, except with prior written authorization from Genyo or when intended for exclusively personal use, and under no circumstances shall visitors and users acquire any rights over them.

2.4. Only the temporary archiving of this Site and/or System is permitted during the term of this contract; its use for commercial, advertising, or any other purposes contrary to the reality for which it was conceived, as defined in this document, is prohibited. The reproduction, distribution, and disclosure, in whole or in part, of the texts, figures, and graphics that comprise this Site and/or System are likewise prohibited without the prior and express authorization of Genyo. Only the printing of copies for personal use and personal archive is permitted, provided that the parts that allow for the faithful and real understanding of its content and purpose are not separated.

2.5. Visitors and users assume any and all responsibility, of a civil and/or criminal nature, for the improper use of the information, texts, graphics, trademarks, works, images, and, in short, any and all intellectual or industrial property rights of this Site and/or System.

2.6. Any other type of use of authorized material, including for editorial, commercial, or advertising purposes, may only be made with the prior and express consent of Genyo. Visitors and users are aware, by means of this item, that unauthorized commercial use may result in civil and criminal infractions, as it would constitute a violation of the Copyright Law.

2.7. Any reuse of authorized material must be the subject of a new authorization from Genyo.

2.8. The authorization to use the requested material may not be transferred to third parties, even if they are linked to the authorized subject for any reason.

2.9. The use of the material does not authorize visitors and users to expose third parties to ridicule, to create a work of an illegal, defamatory, obscene, or immoral nature, or one that may violate morality and good customs, under penalty of bearing the penalties applicable under the legislation in force.

2.10. Any use not contemplated in the aforementioned authorization shall be considered a violation of copyright and subject to the applicable sanctions under Law No. 9,610, of February 19, 1998, which protects copyright in Brazil.

2.11. The eventual removal from this Site and/or System, as a result of any complaint, of any advertisement, article, video, product, service, news, or photograph reproduced herein, shall always be understood as a demonstration of our intention to avoid disagreements regarding this matter and never as recognition of any infringement by Genyo of the rights of third parties.

2.12. Unless otherwise specifically provided in an existing contract between visitors and users and Genyo, users retain the copyrights of the content they create or already own. However, when they submit it to the Site and/or System, they grant an irrevocable, perpetual, worldwide, unrestricted, royalty-free, and non-exclusive license for reproduction, adaptation, modification, translation, publication, distribution, or display.

3. USE OF THE GENYO SOFTWARE

3.1. Genyo grants a revocable and non-exclusive license for use of the SOFTWARE to its recurring subscribers. This instrument refers to the use of the SOFTWARE, non-transferable to its SUBSCRIBERS, which means that its use is exclusive to the SUBSCRIBER’s Employees.

3.2. The SUBSCRIBER may not use, nor allow the use of, the SOFTWARE for purposes other than those for which the software is intended.

3.3. The Plan acquired by the SUBSCRIBER allows the SOFTWARE Administrator to maintain on the Genyo platform the maximum number of employees corresponding to the plan selected at the time of the recurring subscription. “Employees” shall be understood as all those registered in the SOFTWARE, both active and terminated. The SUBSCRIBER may replace employees if it wishes; to do so, simply delete an employee profile to make room for the registration of a new employee.

3.4. Under no circumstances shall the SUBSCRIBER user of the Free Plan or the recurring paid Plan of Genyo have access to the algorithms or the source code of the SOFTWARE, nor will they have access to confidential information regarding server hosting, databases, or protection networks used by the application, as this information involves information security and is the intellectual property of Genyo.

3.5. SPECIFY ALL USE OF THE SOFTWARE; how it works and how the SUBSCRIBER must use it!

4. RESTRICTIONS ON USE OF THE SOFTWARE

The SUBSCRIBER is expressly prohibited from:

i) copying, sublicensing, assigning, selling, leasing, and/or pledging as collateral, replicating, reproducing, donating, alienating in any form, transferring in whole and/or in part, in any modality, free of charge or for consideration, provisionally or permanently, the SOFTWARE;

ii) Genyo, as well as its modules, parts, manuals, information from the website itself, or any information related to it and/or that constitutes reproduction of full or even partial content of Genyo;

iii) removing or altering, in whole and/or in part, the rights-reserved notices existing in the SOFTWARE (web and/or mobile) or in any other places that display content of Genyo’s intellectual property;

iv) disassembling, decompiling, reverse-engineering the Software and/or any parts and components thereof, by means of any other form, obtaining or attempting to obtain or access its source code and/or any other confidential data or information related to the Software.

5. TERM OF EFFECTIVENESS AND CANCELLATION OF SUBSCRIPTIONS

5.1. These terms of use enter into force on the date of acceptance by the SUBSCRIBER and shall remain in effect for an indeterminate term subject to recurring payments.

5.2. The software may be used free of charge for fifteen (15) days, registering up to ten (10) employees. Free use of the system will be automatically interrupted after the trial period, and the user may opt to contract the system and continue its use.

5.3. The SUBSCRIBER may cancel their subscription at any time by simply clicking the “Cancel Subscription” button.

5.4. In accordance with Article 49 of the Right of Withdrawal Law, the refund period for subscriptions made online is up to 7 days from the purchase, and under no circumstances shall any amount be returned or refunded after this legal period, even if the account has an active, blocked, or canceled status.

5.5. The amounts charged at the time of subscription are exclusive to the period in which the subscription was made. In the event of voluntary cancellation by the SUBSCRIBER and a subsequent desire to return to using the platform, Genyo reserves the right to apply the new market amounts in effect at the time and exclusively under the annual recurring modality.

6. PRICING – FORM OF PAYMENT – SUSPENSION OF USE

6.1. The SUBSCRIBER shall pay Genyo the value of the recurring Plan chosen at the time of subscription or upgrade, whether monthly, semi-annual, or annual. To enable and use the GENYO platform, the SUBSCRIBER shall access the website app.genyo.com.br, providing Genyo with all required data, including its CNPJ/CPF registration number, being civilly and criminally liable for the truthfulness of the information, including before third parties, and is further required to keep all of its data updated.

6.1.1. The SUBSCRIBER shall also mandatorily provide a valid, single-use, and exclusive email address at the time of registration, since Genyo is not responsible for verifying information and/or the profile of any user who wishes to use the SOFTWARE and/or services made available at the time of registration, nor does it conduct an in-depth investigation into the truthfulness of the information, which, as emphasized, is the sole responsibility of the SUBSCRIBER.

6.2. Genyo will send Service Invoices within 5 (five) days after confirmation of payment by the SUBSCRIBER’s banking institution; these will be sent automatically to the billing email registered in the system by the SUBSCRIBER. In the event of non-receipt of the tax document, we encourage the user to contact Genyo for internal and manual verification of its availability, without prior or future prejudice.

6.3. The amounts related to this contract shall be annually adjusted based on the positive variation of the IGPM/FGV index calculated for the period or, in its absence, by any other index that may replace it, with the base date being the date of signature of this Contract (“Terms of Use”). Furthermore, the amounts may be adjusted at intervals shorter than one year, provided that there is a change in the legislation in force, particularly Law 10.192/2001. Additionally, if the variation of the IGPM/FGV is negative, the amounts shall not be adjusted.

6.4. Furthermore, the amounts related to this contract may be adjusted by full right if, during the term of this Contract, taxes are created or the rates of existing taxes are modified in such a way as to burden Genyo.

6.5. In the event of delay in the payment of any amount agreed upon in this instrument for a period exceeding ten (10) days, the contracted services shall be automatically suspended, regardless of notice, until the payment of the total recurring amount in arrears is duly identified by Genyo.

6.6. As stated above, Genyo uses PagSeguro and Cielo as recurring payment platforms. Therefore, upon the recommendation of the former, the use of Authorized Direct Debit (DDA) for payment of PagSeguro slips is not recommended, since banking systems may not recognize payments via DDA. In addition, in the case of a second copy of the slip, it may remain open in the DDA banking system (which does not necessarily mean a debit but rather a signaling for an indeterminate time not controlled by Genyo).

6.6.1. Furthermore, Genyo does not authorize and is not responsible if the SUBSCRIBER user of the platform uses tools to update amounts and due dates of slips, with the risk of having to pay a new amount in order to remedy a default that may not have been identified by the platform due to this non-recommended practice mentioned herein.

6.6.2. If you need to generate a second copy of any overdue slip, please access the Genyo System through the following link: https://app.app.genyo.com.br/assinatura

6.6.3. In the case of overdue slips, Genyo recommends that the SUBSCRIBER not pay them but rather generate a second copy as set forth in item 6.6.1 above.

6.7. If, for any reason, up to five (5) business days before the payment date agreed upon by the parties, the SUBSCRIBER does not receive a communication regarding their bank slip, credit card billing alert, and/or invoice for payment, the SUBSCRIBER shall immediately notify Genyo of the non-receipt and their future intention regarding the billing.

6.8. The non-charging of fees shall not constitute novation and/or forgiveness on the part of the SUBSCRIBER, consisting solely of an act of mere tolerance on the part of Genyo.

7. RETURN OF REGISTERED INFORMATION

7.1. Once access to the SOFTWARE is suspended due to cancellation, blocking, and/or withdrawal of use by the SUBSCRIBER, Genyo will retain the SUBSCRIBER’s information entered into the platform for a period of 1,825 days (5 years) counted from the date of its last paid monthly, semi-annual, and/or annual fee.

7.2. To access them, the SUBSCRIBER and/or FORMER SUBSCRIBER must have their financial history up to date with Genyo.

7.3. Genyo reserves the right to charge a “TEMPORARY ACCOUNT-RELEASE FEE” to provide access to the archived data to the SUBSCRIBER, DELINQUENT SUBSCRIBER, and/or FORMER SUBSCRIBER in cases where their accounts are suspended with Genyo or due to cancellation by the FORMER SUBSCRIBER themselves. The amount is informed directly by Genyo’s customer service team.

8. OBLIGATIONS OF THE PARTIES

8.1. THE SUBSCRIBER UNDERTAKES TO:

make all recurring payments described in clause six of this Contract on the respective due dates, under penalty, if not doing so through its sole fault, and provided that payment is not suspended due to a proven technical failure of the system, after ten (10) days, of allowing Genyo, concomitantly or alternatively, to:

block access to the software by any means; and,

consider this Contract terminated, by full right, without any kind of compensation and/or obligation owed by Genyo;

consult its Accounting department (or responsible Accountant), its Legal department, and/or directly the respective Labor Union in order to inform itself regarding the provisions established in Ordinance No. 373/11 of the Ministry of Labor and Employment and No. 671/21 of the Ministry of Labor and Welfare for its Sector of Activity, if it deems necessary;

maintain trained and qualified personnel for the operation of the SOFTWARE, as well as for communication with Genyo, and further provide, whenever any problems with the SOFTWARE occur, documentation, screenshots, reports, and/or other problems in the operation of the SOFTWARE, correctly describing the circumstances under which the problems occurred, aiming at the agility and effectiveness of Genyo’s Support response;

keep active the SUBSCRIBER’s communication channels in order to enable direct contact with Genyo, such as telephones and emails;

configure and keep configured its data-processing equipment on which the SOFTWARE will be used;

not introduce, through its employees, agents, and/or third parties, in any form, any modification to the SOFTWARE, regardless of its needs, under penalty of releasing Genyo from the quality and warranty of operation of the system, in addition to being subject to legal sanctions;

take all security measures, before its employees and third parties with which it maintains commercial relations, to ensure that no rights over the SOFTWARE that is the subject of this contract are violated;

use the SOFTWARE only in the technical operating environment specified on the website app.genyo.com.br. Its use on another platform and/or operating environment shall be subject to a contractual amendment;

not use the SOFTWARE specifications and not allow third parties linked to it to use them for the purpose of creating another system with the same purpose, under penalty of incurring the sanctions provided for both in this contract and in the legislation in force, particularly the monetary fines and criminal types provided for in Law No. 9.609/98 (Software Law) and Law No. 9.610/98 (Copyright Law);

acquire in advance, entirely at its own expense, the original use licenses for the third-party SOFTWARES currently necessary and fundamental for the proper installation, implementation, and operation of the SOFTWARE that is the subject of this contract;

perform all necessary acts to verify data, avoiding what it believes to be a source of error or damage, being responsible for omission, inertia, and recklessness, and being responsible for the administrative, economic, and fiscal management of its business;

issue and/or print legal documents, fiscal documents, or other obligations generated by the SOFTWARE when applicable in time to send them to the agencies to which they are intended within the determined deadline. The non-fulfillment of these obligations shall not, under any circumstances, result in liability for Genyo;

send to Genyo in writing the description of defects, bugs (imperfections in the implementation of the functions for which the SOFTWARE was designed), problems, and pending issues with the SOFTWARE.

8.2. GENYO UNDERTAKES TO:

Genyo guarantees to the SUBSCRIBER that the SOFTWARE shall function regularly, provided the conditions of use defined in the documentation are respected. In the event of programming failures (“bugs”), Genyo will correct such failures, and may, at its discretion, replace the version of the system containing failures with corrected copies;

Provide, immediately upon acceptance of these Terms, access to the SOFTWARE for the period established between the Parties;

Suspend access to the SOFTWARE that is disrespecting the content rules established herein or the legal rules in force, or at the end of the term of validity of this instrument, regardless of prior notice;

Modify the specifications and/or characteristics of the licensed SOFTWARE for improvement and/or correction of errors;

Maintain, by itself and through its agents, complete confidentiality and protection over the data and information provided by the SUBSCRIBER in the performance of this Contract under the terms of the LGPD, as well as not disclose this data, information, and details related to the subject of this Contract. The data may be shared with third parties if the SUBSCRIBER provides free, unequivocal, and informed consent to Genyo, and in the case of strict legal compliance;

Provide humanized service to the SUBSCRIBER from Monday to Friday, from 8:00 AM to 5:00 PM (Brasília time), by telephone at (31) 3023-3199 and through other channels available in the “Contact” menu on our institutional website, also providing electronic support via email at [email protected] and [email protected]. There is no service on national and municipal holidays.

The parties declare to be aware that Genyo is the sole holder of the copyright of the system, in the state in which it is found, being free and unencumbered to commercialize it with Third Parties, by itself and/or by any other entity accredited by it, under the modalities of granting the license of the right of use, integral and/or partial sale of the source programs of the system.

9. TERMINATION

9.1. This Contract may be terminated under the following circumstances.

9.1.1. End of the Subscription term according to the contracted plan, beginning on the date that the Genyo software is so used by the Contracting Party;

9.2. In the event of any of the hypotheses listed below, the opposing party shall have the right to terminate this instrument by full right, at any time and regardless of judicial or extrajudicial formality:

9.2.1. Infringement of any clauses or conditions agreed upon herein, without prejudice to Genyo regarding the reimbursement of the subscriber;

9.2.2. Violation of Copyright;

9.2.3. Delay in payment exceeding ten (10) days for the payment of the recurring subscription;

9.2.4. If one of the parties is subject to a judicial or extrajudicial recovery procedure, bankruptcy, business recovery, intervention, liquidation, or dissolution of the company, as well as the configuration of a pre-bankruptcy or pre-insolvency situation, including with overdue and protested securities or execution actions that compromise the financial soundness of the company;

9.2.5. Filing of any lawsuit, by one party against the other;

9.3. Due to force majeure or fortuitous events, duly proven, in the form set forth in Article 393 of the Brazilian Civil Code, which prevent the execution of the terms herein agreed.

9.4. The termination or rescission of this contract by any means shall result in:

9.4.1. The immediate cessation of the services that were being performed.

10. SERVICE LEVEL

10.1. Genyo will dedicate commercially reasonable efforts to make the SOFTWARE available, at a minimum, 97% (ninety-seven percent) of the time during each year of services. In the event that Genyo does not fulfill this commitment, the customer may request the credit corresponding to 1 (one) month’s fee, 1/6 if contracted on a semi-annual basis, or 1/12 if contracted on an annual basis. Periods of operational inactivity that occur prior to a successful service-credit claim may not be used for the purpose of future claims.

10.1.1. For informational purposes only, Genyo has replicas of its servers, which results in a drastic minimization of unavailability, and the historical average delivery is greater than 99.8% (ninety-nine point eight percent) availability since its launch in November 2017.

10.2. The service-level commitment does not apply to circumstances of unavailability resulting from:

an interruption of the electrical power supply or emergency shutdowns not exceeding 2 (two) hours or that occur during the period from 12:00 AM to 6:00 AM (Brasília time);

caused by factors beyond the reasonable control of Genyo, including cases of force majeure or internet access and related problems;

resulting from any acts or omissions of the SUBSCRIBER or third parties;

resulting from the equipment, software, or other technologies that the SUBSCRIBER uses and/or from equipment that prevents regular access to the SOFTWARE;

isolated malicious external penetration by employees and third parties related to Genyo;

resulting from individual instance failures not attributable to the SUBSCRIBER’s unavailability.

11. LIMITATION OF LIABILITY

11.1. Genyo shall not be liable for any direct or indirect, incidental, or consequential damages, or those related to lost profits, expenses, fees, fines, and other tax or labor charges, loss of revenue, data, or use of data, incurred with the use or impossibility of use of the software or with the results produced by it, even if caused by a defect in the software, by the customer, or by any third parties, whether by action based on contract or tort, even if Genyo or any other person has been advised of the possibility of the occurrence of such damages, even if the loss arises from any failure in the functionalities of the software resulting from its bad or incorrect use. If it is in fact proven that Genyo incurred direct damage to the Contracting Party, such damages may not exceed the average of the last three invoices paid by the Contracting Party to Genyo.

11.2. Genyo is not responsible for damages caused to equipment, other computer programs, networks, third parties directly or indirectly, or any other damage caused by any situation, such as but not limited to, operational failure, electrical power failures, air conditioning, radioactive or electrostatic elements, pollutants or other similar items, other computer programs, licensed or not, previously or subsequently installed, such as other applications, databases, operating system, and libraries, or some type of external program, or even those commonly known as computer viruses, or any other cause.

11.3. Genyo shall not be liable for taxes, fees, and contributions or commitments of any kind generated for the customer, even if these are produced by the software, even if they have been generated with error or in disagreement with norms or laws, or have been obtained based on information produced directly or indirectly by the software, or even if they have any kind of connection with the service that is the subject of this contract.

11.4. For damages or losses arising from administrative, managerial, or commercial decisions made based on the information provided by the SOFTWARE;

11.5. For non-authorization of the use of the platform by the union of the SUBSCRIBER’s category, in which case it is recommended to consult, at any time when becoming a SUBSCRIBER of the platform, the document “Technical Certificate and Term of Responsibility” located online within the platform via the menu path “Administrative > Account” and to make it available to anyone interested;

11.6. To the maximum extent permitted by current law, the SaaS, which operates under the Software As A Service model, is provided “as is” and “as available,” with possible failures and without warranty of any kind or full or partial suitability to the needs of the user of the free plan or paid plan;

11.7. Genyo does not guarantee that the operation of the SOFTWARE will be uninterrupted or error-free, that any service will continue to be available, that “defects” in the SOFTWARE will be corrected, and/or that the software will be compatible with or function on any mobile device and/or applications and/or third-party services;

11.8. The SUBSCRIBER declares and acknowledges that the SOFTWARE must not be used and/or is not suitable for use in situations and/or environments in which: failures, delays, inaccuracies of content, data, or information provided by the SOFTWARE may lead to death, personal injury, and/or serious physical or environmental damage, including, but not limited to, the operation of nuclear facilities, navigation or air communication systems, air traffic control, life-support or weapons systems;

11.9. Genyo may not be held liable for the “non-authorization of use” of the platform by the “Labor Union” to which the SUBSCRIBER is affiliated, under the terms of Ordinance No. 373/11 of the MTE and No. 671/21 of the MTP, since, under the terms of this contract, it is the responsibility of the SUBSCRIBER to decide whether or not to verify with the respective Union, prior to contracting the SOFTWARE, the authorization of use of the Genyo platform.

12. SECRECY AND CONFIDENTIALITY

12.1. Subject to the permissions set forth in these Terms, the SUBSCRIBER and Genyo shall protect the Confidential Information of the other Party against unauthorized use, access, and/or disclosure, in the same manner as they protect their own confidential information, with no less than reasonable care. Except where expressly permitted in accordance with these Terms, each party may use the Confidential Information of the other Party solely to exercise the respective rights and perform the obligations described in these Terms, and such confidential information must be disclosed solely to the respective employees, representatives, and agents who need to be aware of such confidential information for such purposes, who are equally bound to maintain confidentiality and not misuse it.

12.2. Genyo shall maintain commercially reasonable administrative, physical, and technical safeguards to protect the security, confidentiality, and integrity of its data and the SUBSCRIBER’s data.

12.3. The SUBSCRIBER declares, acknowledges, and agrees that Genyo, its service providers, and partners used to assist in the provision of the service have the right of access to its Account and the right to use, modify, reproduce, distribute, display, and disclose its data, exclusively as necessary for the provision of the services provided for in these Terms, including, but not limited to, responding to its support requests. Any third-party service provider used by Genyo will only obtain access to the SUBSCRIBER’s Account and its data when reasonably necessary to provide the service and will be subject to the confidentiality obligations set forth in these Terms. Genyo may also access and/or disclose information about You, your Account, agents, and/or end users, including your data, in order to: (a) comply with the law or respond to requests or judicial proceedings; (b) protect the rights or property of Genyo or its customers or partners, including the enforcement of these Terms or other policies associated with the service; (c) act in good faith, believing that such disclosure is necessary to protect personal safety or to prevent violations of applicable laws or regulations.

12.4. The parties shall take all necessary measures, in accordance with good business practices, fully observing all applicable anti-corruption laws, particularly Law 12.846/13, to prevent any fraudulent activity by themselves (including their shareholders, board members, directors, and employees) and/or by any of their suppliers, agents, or employees with respect to the receipt of any resources from one party to another. The party shall immediately notify the other if it has reason to suspect that any fraud has occurred, is occurring, or is likely to occur.

13. GENERAL PROVISIONS

13.1. Genyo guarantees that the Services will be performed in accordance with applicable technical standards, with appropriate materials, and with the use of specialized labor as required, and that they will be free from defects that may jeopardize their use, security, and purpose.

13.2. The SUBSCRIBER declares and acknowledges that Genyo provides various services, of a similar nature to those provided under this Contract, to other clients and further acknowledges that none of the provisions of this instrument may be interpreted to prevent Genyo from being prevented from conducting its business. Specifically, the SUBSCRIBER agrees, notwithstanding any provision to the contrary contained herein, that Genyo shall have the right to develop, use, and distribute works that perform identical and/or similar functions to those associated with the services contained in this instrument, without thereby infringing any rights of the SUBSCRIBER.

13.3. If Genyo develops a new module, product, or feature that constitutes a copy, in whole or in part, whether of the data dictionary or of the program, it will be considered as part of the software provided by Genyo, with its property therefore incorporated by Genyo and its use conditioned to these contractual clauses.

13.4. This Contract is irrevocable, irretractable, and definitive, binding the parties, by themselves, by their heirs and successors, at any time and place, as well as to respond for the eviction of right, in the form of the law.

13.5. The tolerance of one party toward the other regarding the non-fulfillment of any of the obligations assumed in this contract shall not imply novation or waiver of right. The tolerant party may, at any time, demand from the other party the faithful and complete fulfillment of this contract.

13.6. The non-fulfillment of the obligations assumed herein due to facts independent of the will of the parties, such as those that constitute fortuitous events and force majeure provided for in Article 393 of the Brazilian Civil Code, shall not constitute cause for contractual termination.

13.7. If any provision of these Terms is held to be null, voidable, invalid, or inoperative, no other provision of these Terms shall be affected as a consequence thereof, and therefore the remaining provisions of these Terms shall remain in full force and effect as if such null, voidable, invalid, or inoperative provision were not contained in these Terms.

13.8. By this act, the SUBSCRIBER expressly declares, acknowledges, and authorizes Genyo to collect and use its technical and operational data present in the Application, for the purposes of studies and improvements to the SOFTWARE, provided that the anonymization of the SUBSCRIBER’s employee data is maintained.

13.9. The SUBSCRIBER authorizes Genyo to make direct communications with its respective employees in order to update them on news regarding the system and application, prevention and data security, best practices, and other general matters inherent to the use or promotions of Genyo or third-party partners.

14. AUTHORIZATION TO USE NAME AND IMAGE FOR COMMERCIAL AND PROMOTIONAL PURPOSES

14.1. The SUBSCRIBER authorizes Genyo to disclose and cite its “name” as a SUBSCRIBER, including the publication of its Business Name and/or Brand (logo), without payment of any kind of remuneration, in promotional materials, communication outlets, websites, social networks, releases, presentations, and any other advertising means available and/or that may come to exist, as well as expressing such Names in Genyo’s Customer list(s).

14.2. The disclosure of the SUBSCRIBER’s name addressed in this clause does not, under any circumstances, constitute a violation of the obligations relating to the confidentiality and secrecy of information.

15. BRAZILIAN GENERAL DATA PROTECTION LAW – LGPD

15.1. Protection of Personal Data. Genyo, by itself and through its employees, undertakes, whenever applicable, to act in this Contract in compliance with the legislation in force on the Protection of Personal Data and the determinations of regulatory/supervisory bodies on the matter, particularly Law No. 13.709/2018, in addition to other data-protection norms and policies of each country where any type of processing of the SUBSCRIBER’s data takes place, which includes the data of its employees.

15.2. If there is a modification of the legal texts indicated above and/or any other, in such a way as to require modifications in the structure of the provision of services to the SUBSCRIBER and/or in the execution of activities related to these Terms, Genyo undertakes to adapt to the conditions in force. If there is any provision that prevents the continuity of the Contract under the agreed provisions, the SUBSCRIBER may resolve it without any penalty, with the amounts due determined up to the date of termination.

15.3. Genyo will follow the instructions received from the SUBSCRIBER regarding the processing of Personal Data, in addition to observing and complying with the applicable legal norms in force, under penalty of bearing the losses and damages it may eventually cause, without prejudice to other applicable sanctions.

15.4. Genyo, including all of its employees, undertakes to treat all Personal Data as confidential, except if it was already public knowledge without any contribution from Genyo, even if this Contract is resolved and regardless of the reasons that gave rise to its termination or resolution.

15.5. Genyo shall comply with the requirements of the technical and organizational security measures to ensure the confidentiality, pseudonymization, and encryption of Personal Data, including in their storage and transmission.

15.6. Genyo undertakes to use technologies aimed at the protection of information in all communications, especially in the sharing of personal data by Genyo to the SUBSCRIBER, such as the SSL (Secure Sockets Layer) standard and others at the server and database level, for example.

15.7. Genyo shall maintain a record of the personal data processing operations it performs, as well as implement the technical and organizational measures necessary to protect the data against accidental and/or unlawful destruction, loss, alteration, communication or dissemination, and/or unauthorized access, and shall guarantee that the environment (whether physical or logical) used by it for the processing of personal data is structured in such a way as to meet the security requirements, the standards of best practices and governance, and the general principles provided for by Law and other applicable regulatory norms.

15.8. Genyo shall notify the SUBSCRIBER of complaints and requests from data subjects (for example, regarding correction, deletion, completion, and blocking of data) and of orders from courts, public authorities, and competent regulators, and/or any other exposures and/or threats identified in relation to data-protection compliance.

15.9. Genyo shall notify the SUBSCRIBER within 48 (forty-eight) hours of (i) any non-compliance (even if suspected) with the legal provisions relating to the protection of Personal Data; (ii) any non-compliance with the contractual obligations relating to the processing and treatment of personal data; (iii) any security breach at Genyo or at its Sub-processors.

15.10. Genyo undertakes to use tools and technologies necessary to ensure data security and to comply with its obligations, always considering the state of the art available, including, but not limited to, antivirus, antimalware, intrusion detection, and other suitable methods.

15.11. Genyo shall record all activities carried out in its systems/environments, in order to allow the identification of who carried them out.

15.12. Ownership of data in general. This Contract does not transfer the ownership of the SUBSCRIBER’s data or the data of its customers to Genyo. The data generated, obtained, or collected from the provision of the services contracted herein are the property of the SUBSCRIBER.

15.13. The SUBSCRIBER is the sole holder of the intellectual-property rights over any new data element, product, and/or by-product that is created from the data processing established by this Contract.

15.14. The SUBSCRIBER does not authorize Genyo to use, share, and/or commercialize any data elements, products, or by-products that originate from and/or are created from the data processing established by this Contract.

15.15. Backup. Genyo grants the SUBSCRIBER provisional access to its data contained in the system, in cases of termination, rescission, and resolution of this instrument for backup purposes, for a period of 7 (seven) consecutive days counted from the formalization of the contractual termination, by means of email correspondence between the Parties.

15.16. All data contained in the database is the property of the SUBSCRIBER.

16. APPLICABLE LEGISLATION AND JURISDICTION FOR RESOLVING DISPUTES

16.1. These Terms and Conditions of Use described herein are interpreted in accordance with Brazilian legislation and are in accordance with the Federal Constitution of Brazil, the Brazilian Internet Civil Framework Law, the Consumer Defense Code, the Brazilian General Data Protection Law, and other regulatory norms.

16.2. The Parties recognize the form of contracting by electronic, digital, and computer means as valid and fully effective, even if established with a digital signature, in electronic or biometric format, outside the ICP-BRASIL standards, in accordance with Article 10 of Provisional Measure No. 2.200/2001 in force in Brazil.

16.3. The parties elect the courts of the District of Belo Horizonte/MG to resolve disputes that may arise from this Contract, with the Parties waiving any other, however privileged it may be.