These General Terms of Use (“TGU”) present the general terms and conditions for the use of the NeonPass Application (the “Application” or “NeonPass”), which consists of an application that, through artificial intelligence and high-precision facial recognition technology, detects and analyzes users’ facial features and facilitates the identification of employees belonging to the company and/or guests to events. Hoobox Robotics Tecnologia do Brasil Ltda. (“Hoobox” or “we”) will make the Application available to registered companies (“company”), their employees (“employees”) and guests (“guests”) who, together, will be users of the Application (“Users”). Please remember that, by registering and using the Application, you agree to these General Terms of Use, expressing your knowledge and express agreement with the provisions defined in this document. Therefore, we ask that you carefully read the TGU, as well as our Privacy Policy, which can be found at www.hoobox.one for information on how we collect, store and process your Personal Data.
1) Definitions
Whenever mentioned in this TGU, with capital letters, the following concepts will have the meaning attributed to them below:
“Application”: application called “NeonPass”, developed in iOS and Android format, and available for download on mobile devices through the Apple Store and Play Store.
added content from other websites
“User Account – Employee”: the account that will be activated for Users in the Application, allowing access to limited functions.
“User Account – Host”: the account that will be activated for Users in the Application, allowing access to limited functions and invitation to visitors.
“User Account – Master”: the account that will be activated for Users in the Application, allowing access to all application functions, including adding and removing users, including assigning the company database administrator user role, creating units and viewing/managing all units.
“User Account – Administrator”: the account that will be activated for Users in the Application, allowing access to functions related to the company’s managed unit.
“User Account – Receptionist”: the account that will be activated for Users in the Application, allowing access to limited functions and viewing of invited visitors.
“Controller”: natural or legal person responsible for decisions regarding the processing of personal data;
“Personal Data”: any data that identifies or makes identifiable a natural person.
“Hoobox”: is the developer, provider and supplier of NeonPass.
“Enterprise”: these are companies that have contracted NeonPass’ services to manage guests, employees and the flow of people passing through them.
“Operator”: natural or legal person who carries out the processing of personal data on behalf of the Controller;
“Employees”: are individuals who register on the Application for the purpose of obtaining identification and identity recognition to enter locations by invitation or workstation;
“Guests”: are individuals who register on the Application in order to obtain a pass and authorization to participate in scheduled meetings and/or visits.
“Services”: the provision, by Hoobox, of registration in the Application, of clinical analysis interface and organization of consultations, storage of files and information, intermediation between company, employees and guests.
“Partners”: are companies that may also interact with Users of the Application. Partners may be, for example, Hoobox partners, service providers or advertisers, as identified in the TGU and in this Privacy Policy.
“TGU”: document that presents the general terms and conditions for the use of the NeonPass Application, which is available at www.hoobox.one and which must be interpreted in conjunction with this Privacy Policy.
“Holder” or “Holders”: any and all natural persons whose data, including Personal Data, is entered into the Application, and such data may be contained in documents stored in the Application.
“User”: any natural person who accesses and/or uses the Application, including the company, employees or guests.
2) What are the functions of the Application and how does it work?
The Application uses artificial intelligence mechanisms and high-precision facial recognition technology to detect and analyze users' facial features, providing useful features for identification. Users will register on the Application by filling out registration information on the Application itself. Activation of the User Account will depend on the provision and validation of information, including Personal Data of the person responsible for the User Account, such as, in the case of a Company/Master: name, email, telephone number, CNPJ and, in the case of users: full name, age, email and photo.
In addition, the User's interaction with the Application will also include the promotion and offering of Hoobox and Partner products to the User.
To ensure the best User experience, Hoobox may perform, among others, the following functions:
(i) Processing (collection, storage and sharing) of information and registration data, in accordance with these TGU and the Privacy Policy;
(ii) monitoring of updates and registration information, pending assessments and/or changes relating to information entered in the Application;
(iii) monitoring of User activities in the Application and access controls;
(iv) use User information to provide the Services;
(v) charge companies for Services and maintenance fees;
(vi) send notifications, emails, SMS, newsletters and communications to Users containing notices about scheduled appointments, promotional actions, marketing and personalized content.
Companies, users and guests of the Application hereby authorize Hoobox to display any type of advertising from Partners on the Application, and are also aware that any remuneration arising from this advertising will be exclusively paid to Hoobox, which is not responsible for the advertising content displayed by Partners, the responsibility for which will lie solely and exclusively with the advertisers.
Employees and registered Users hereby authorize Hoobox to send marketing emails and/or news and information about the Application, Partners and/or Hoobox to the emails registered in the Application.
By accepting this TGU, you, as a Company, agree that, in order to use the Application, you must be an organization with active registration with the Federal Revenue Service in whose jurisdiction you are established, as established by specific legislation.
By accepting this TGU, you, as a user, agree that, in order to use the Application, you must have the power to interact on the platform and purchase products and treatments via the Application, as established by specific legislation.
3) What are the terms and conditions of use of the Application?
For the correct use of the Application, it is your responsibility to observe and comply with all specifications, instructions, standards and technical requirements defined by Hoobox and published in the Application.
You acknowledge and agree that the operation and use of the Application depends on the proper and effective functioning of the internet and other third party equipment and services (including your own device or browser) and that such functioning is your responsibility.
Hoobox, in accordance with the conditions set forth in these TGU, may grant companies, users and guests who create a User Account, a limited, temporary, non-exclusive and non-transferable license to use the functionalities of the Application, as applicable to the registration made. All Users may use the basic functionalities, which are: (i) registration of information and Personal Data; (ii) interface for direct upload of photos and ID; (iii) invitation to meetings and events with scheduled date and time; (iv) interaction with Master, Administrator and Host users; and (v) unlimited viewing of registration changes. Only Users who have a Master User Account will have access to all the features of the Application, including adding and removing users, including assigning the role of administrator user of the company's database, creating units and viewing/managing all units.
The license described above may be granted free of charge or for a fee by Hoobox to Users of the Application, depending on the applicable User Account.
To ensure the quality of the Application, new features may be included in updates and new versions of the Application, and old features may no longer exist and/or be subject to limitations. Hoobox does not undertake to keep active any tool, feature or service that has already been offered in the past, regardless of whether it was offered for a fee or free of charge.
To ensure the proper functioning of the Application, Users undertake to keep the Application and their browsers always updated, installing and using the latest versions available. Hoobox is not responsible for any damages suffered by Users due to the discontinuation and/or modification of old versions of the Application.
4) What are your responsibilities?
When using the Application, Users have the following responsibilities:
- the) know the current legislation and make correct and lawful use of the Application;
- b) include and maintain correct and updated information about you and/or third parties, where applicable, in the Application;
- w) ensure compliance with and observance of all specifications, instructions, standards and technical requirements for correct use of the Application;
- d) guarantee the veracity and quality of the data provided, recognizing that any inconsistency in such data may make it impossible to access and/or use the Application correctly, in addition to compromising the quality of the Services to be provided;
- and) be diligent in safeguarding any login and password information to access the Application, which must be considered personal and non-transferable and must not be disclosed to third parties;
- f) immediately report any loss, alteration, misplacement and/or disclosure of login and password information eventually assigned to you to access the Application through our security contact suporte@neonpass.com.br;
- g) repair any and all damages, direct or indirect (including those arising from the violation of any intellectual property, confidentiality and personality rights), that are caused to Hoobox or any third party, including due to non-compliance with the provisions of these TGU, or any harmful act practiced against Hoobox;
- h) fulfill obligations arising from transactions conducted on the Application, including but not limited to payments due.
Images, texts, figures or anything inserted in the Neonpass WEB platform may only be disclosed and/or provided to employees and collaborators of the company and/or third parties in order to comply with a legal obligation or determination by a competent government authority, or with the consent and due prior and express authorization of the other Party.
If a User fails to comply with any provision of these TGU or legal provision, without prejudice to other measures, Hoobox may, by itself or by third parties, at any time, at its sole discretion, without the need for any prior or subsequent notice or notification to any user of the Application or any third party, by any means or form, without prejudice to initiating the applicable legal measures, (i) suspend or limit your access to the Application, (ii) suspend or block your User Account temporarily or permanently and/or (iii) take other civil or criminal measures that it deems necessary for compliance with these TGU, for the proper functioning of the Application and for the repair of the respective damages caused.
Before providing our Services, we will ask you to provide us with your express consent for the Processing of your Personal Data, including sensitive personal data, through the Application, as set out in the Privacy Policy.
5) What can't you do?
You may not perform the following actions by reason of or through the use of the Application:
- the) any unlawful acts and/or acts in violation of current legislation, including, but not limited to, corruption, money laundering, among others;
- b) acts contrary to the provisions of the TGU and the Privacy Policy;
- w) acts that cause or encourage contamination or damage any equipment of Hoobox and/or third parties, including through viruses, trojans, malware, worms, bots, backdoors, spyware, rootkits, or any other devices that may be created;
- d) perform any acts that, directly or indirectly, in whole or in part, may cause harm to Hoobox, any Users, Companies, Guests, Partners or any third parties, including by automated means, such as hacking, scraping or crawling;
- f) license, sublicense, sell, rent, transfer, distribute, share or otherwise make available the Application or its functionalities to third parties without express authorization from Hoobox;
- g) use the Application for the purpose of developing or operating a similar product in competition with Hoobox, or facilitating access to the Application by a direct competitor of Hoobox; and
- h) decompile or promote, and/or facilitate, any reverse engineering, improper access or attempted reverse engineering or improper access to the source code of the Application.
- i) For users with access to the Web platform, sharing images from the application is strictly prohibited.
- j) copy (including “prints”), send or retransmit partially and/or fully images and/or prints of the platform to third parties without prior authorization from Hoobox, whether the copy contains sensitive data or only screen elements.
If You believe that any User is using the Application in a way that violates the above restrictions, please report it by email to [suporte@neonpass.com.br].
6) What are Hoobox's liability limits?
Under no circumstances will Hoobox be liable for (including, but not limited to):
- the) for the improper use of the Application by Users, and/or for the content uploaded, sent and/or transmitted through the Application, including any type of virus, inaccurate or low-quality information, regardless of their knowledge and/or consent;
- b) for failures, technical impossibilities, unavailability of the Application due to misuse or technical problems in terminals, devices or internet access, or any unavailability of the Services resulting from the digital structure or technology and systems of the Users;
- w) for reviewing the content shared through the Application (such review may, however, be carried out at any time by Hoobox if necessary to investigate compliance with these TGU or possible fraud, comply with applicable legislation or with a court/administrative order, or for the operation of the Application, among others);
- d) for indirect, special or consequential damages, including lost profits and/or any losses arising from negotiations carried out or not completed resulting from the conduct of Companies, Users or Partners;
Your use of the Application is at your sole risk and discretion, and the Application is provided on an “as is” basis. Hoobox does not warrant that (a) access to the Application, its content and/or its operation will be uninterrupted or error-free; (b) access to the Application, its content and/or its operation will meet your needs and expectations; (c) the Application will function in a timely or secure manner; (d) the content available on the Application will be accurate or completely reliable; and (e) any errors in the content or the Application will be effectively corrected.
Hoobox does not guarantee, endorse or assume any responsibility for products, quotes or other services offered by Users, Partners or third parties through the Application, and therefore has no responsibility to monitor transactions between Users, Partners or third parties. You are solely responsible for all communications and interactions you have with other individuals or legal entities through the Application. Hoobox also reserves the right to remove, at its sole discretion, for any reason and without prior notice, any messages, information and/or content from the Application, if there is suspicion or proof of fraud or attempted illegal act on the Application.
Hoobox does not guarantee that the content of the Application is free from contamination by viruses or other harmful or destructive elements. Hoobox strives to ensure the reliability of the Application and its content, but cannot guarantee their accuracy, correctness or reliability.
Hoobox, its Partners, directors, employees or agents shall not be liable for any direct, indirect, incidental, special, consequential or other damages (even if Hoobox has been advised of the possibility of such damages) resulting from: (a) use or inability to use the Application; (b) unauthorized access to, alteration of, or alteration of User transmissions or data; (c) statements or acts of third parties made through APIs or the Application; (d) User's reliance on any information obtained from the Application or resulting from mistakes, omissions, interruptions, deletions of files, defects, viruses, delays in operation or transmission or failures of performance, whether resulting from force majeure, communications failure, theft, destruction or unauthorized access to Hoobox's records, programs or services; (e) inability to use or loss of data related to the Application or Users, or (f) any other problem related to the Application.
Nothing in the TGU is intended to exclude or limit any condition, warranty, right or liability that may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for damages. Consequently, only the limitations that are permitted by law in your jurisdiction will apply to you. In cases where exclusion of liability is not possible, but limitation of liability is legally applicable, Hoobox's total liability will be limited to R$ 1,000.00 (One Thousand Reais).
7) Who owns the rights to the Application?
Hoobox owns all intellectual property rights related to the Application, including, but not limited to, texts, graphics, data, images, videos, sounds, illustrations, computer programs, source codes, trademarks, slogans, domain names, technologies, databases, company names, logos, icons, trade dress ( trade dress), such as the selection and organization of these elements, and your acceptance of these TGU consists only of the granting, by Hoobox, of a limited, temporary, revocable, non-exclusive and non-transferable license to use our Application, always in accordance with these TGU. Therefore, you will not have any right of use, license or assignment of intellectual property other than those expressly provided for in these TGU.
Hoobox guarantees Users, as long as the TGU is respected, the right to use the Application. However, it is expressly prohibited to: (a) reproduce or retransmit the Application, in part or in whole; (b) use data mining devices and/or devices that have similar functionality to collect and/or extract data from the Application; (c) manipulate or display the Application and/or its respective content using framing or similar navigation technology, and; (d) reverse engineer the Application.
Hoobox reserves all rights relating to the Application that have not been expressly regulated in these TGU. Users, any third parties and/or Partners shall not have any rights in relation to the Application other than those expressly provided for in these TGU, and may not, among other measures, sublicense, modify, adapt or customize the Application without prior and express authorization from Hoobox.
Without prejudice to the above, Hoobox declares and is aware that the Personal Data and/or information made available on the Application are the sole and exclusive property of the Data Holders and, therefore, undertakes to enable the exercise of all rights established by law in relation to them, as described in the Privacy Policy.
8) Can these Terms be changed?
Hoobox may change the GTU, as well as any other policy of the Application at any time and at its sole discretion. The changes will come into effect upon their publication on the website. Use of the Application after the publication of changes to these GTU will constitute automatic acceptance of the new terms by you. Therefore, we advise Users to reread the GTU whenever they access the Application. If you do not agree with the changed terms of the GTU, you must discontinue use of the Application.
9) What is the procedure in case of termination?
Hoobox reserves the right, without prior notice and in its sole and exclusive discretion, to suspend or block your use of and access to the Application. Hoobox also reserves the right, without prior notice and in its sole and exclusive discretion, to discontinue the Application, in whole or in part.
In the event of a violation or suspected violation of the TGU and/or the Privacy Policy by Users, Hoobox may, without the need for any prior notice or notification, interrupt access to the Application. Hoobox may also terminate and terminate any licenses regulated by these TGU, suspending or interrupting access by Users, companies or guests, regardless of justification and/or prior notice. In these cases, without prejudice to the Privacy Policy, Hoobox may permanently delete and/or eliminate any and all User data contained or entered by those responsible in the Application.
In the event of interruption of access and/or deletion of data provided for above, the responsible parties agree to fully exonerate Hoobox from any and all liability arising from any losses or damages caused to Users or third parties in relation to the loss and/or unavailability of information, documents or other content in general.
10) General Provisions
Any clause or condition of these TGU that, for any reason, is deemed null or ineffective by any court or tribunal, will not affect the validity of the remaining provisions, which will remain fully valid and binding, generating effects to their maximum extent.
Hoobox's failure to demand any rights or provisions of these TGU will not constitute a waiver, and it may regularly exercise its right, within the legal deadlines.
These TGU will be governed exclusively by the Laws of the Federative Republic of Brazil, as well as any actions arising from their violation.
These TGU are subject to possible changes, at any time and at the sole discretion of Hoobox, due to legislative changes, changes in the content of the Application, the provision of new technologies or Services or whenever Hoobox deems necessary, and it is understood that the version of this document will come into effect when it is made available on the Application. It is up to the User to examine and become aware of any new conditions that may be proposed to the TGU. The User's silence regarding the modifications will be understood as acceptance of the new conditions.
Any dispute related to the use of the Application and Services by the Company, Users and guests must be submitted to the Court of the District of São Paulo, State of São Paulo, Brazil, which will prevail over any other, however privileged it may be, and will be judged in accordance with the laws of the Federative Republic of Brazil.
Each of the paragraphs of these GTU operates separately. This means that if any court or competent authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
Questions and Clarifications
If you have any further questions or complaints regarding these TGU and/or the Application, please contact us by email at [bunker@hoobox.one].