Empatia Track License Terms
Article 1 – Generalities
Welcome to the Empatia Track Software (hereinafter, the "Empatia Software") License Terms (hereinafter in Title 1, the "Terms"), which include applications for mobile devices (hereinafter, the “Application").

The Application is created, developed, and operated by Empatia Produtos Psicopedagógicos Ltda. (hereinafter "EMPATIA"), a Brazilian company registered under CNPJ nº 30.852.856/0001-56, headquartered at Rua Eduardo Sprada, 4390, 3-404, 81270-010 – Curitiba – Paraná – BRAZIL.
To access and use the Empatia Software, the Licensee must accept without reservation, at the time of purchase, these Terms.

The use of the Empatia Software is authorized for personal, private, and individual use. Any use in companies, public, or commercial locations is allowed provided each user has purchased their own copy of the Application.

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Article 2 – Access and Use of the Empatia Software
The use of the Empatia Software requires an Internet connection on portable devices. These connections are not provided by EMPATIA. Therefore, the Licensee must first access an Internet service and/or a mobile Internet connection to use the Empatia Software.

The Empatia Software can only be accessed from one device at a time. EMPATIA has the technical means to verify simultaneous connections on the same account.

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Article 3 – Availability and Modification of the Empatia Software
The Empatia Software can be accessed 24 hours a day, seven days a week, within the limits of the Terms and, in particular, Article 8 of this document.

To the maximum extent permitted by applicable law, EMPATIA has the right to make any modifications and improvements to the Empatia Software as it deems necessary. Additionally, EMPATIA has the right, without prior notice or compensation, to temporarily remove access to the Empatia Software if necessary to ensure its maintenance or continuity. EMPATIA also has the right, without compensation, to permanently terminate the Empatia Software at any time. Any final interruption of the Empatia Software will be notified to the Licensee.

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Article 4 – Responsibility of the Licensee
i) Licensees may store their emotions and notes in the application. The licensee is responsible for any content stored by them in the application. EMPATIA is considered only a provider of the application and cannot be held responsible for the content stored by the licensee in the application, as EMPATIA has no control over nor supervises such content. To avoid liability, the licensee expressly agrees to ensure that the content stored by them in the application does not (without limitation):
– Constitute a violation of third-party intellectual property rights; therefore, the licensee agrees not to store in the application any content protected by copyright, trademark, or any other intellectual property right owned by third parties, without the prior consent of the owner or all the owners of such rights;
– Contain any computer virus that may interrupt, destroy, or affect the functionality of the application;
– Encourage crimes, violence, extremism, suicide, or hateful criminal behavior; contain illegal or threatening messages or messages of a pedophilic, pornographic, defamatory, obscene, hateful, racist, antisemitic, xenophobic, revisionist nature or that go against public order and good morals;
– Infringe on privacy rights or violate the dignity of third parties;
– Promote or encourage any criminal activity or enterprise.
ii) The licensee is solely responsible for the safeguarding and privacy of their device and any data stored locally.

iii) EMPATIA is free to remove any content stored by a user if it has reasons to believe that such content may be considered a violation of copyright or infringe the terms or any applicable law.

iv) EMPATIA has the right, if the licensee violates the law or infringes on the rights of any third party, to provide, upon request of any legitimate authority (courts, administrative authorities, and law enforcement), any information that may enable or facilitate the identification of the offender.
v) In particular, the licensee is not authorized to use, copy, reproduce, or sell any content provided by the application if this constitutes a violation of applicable standards, laws, or regulations.
Finally, the licensee agrees to comply with all applicable export and re-export control regulations, including the export and re-export control regulations of the United States and similar laws or regulations applicable in other jurisdictions. The licensee further warrants that they are not subject to economic sanctions or similar measures imposed (i) by the United Nations, (ii) by the United States government, including the office of foreign assets control (OFAC), (iii) by the United Kingdom, (iv) by the European Union and its member states, or (v) by any other jurisdiction.

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Article 5 – DISCLAIMER OF WARRANTIES
The licensee declares that they understand the scope and limitations of the internet network. EMPATIA disclaims any and all responsibility for: any malfunction in access to the EMPATIA software, opening speed, temporary or permanent inaccessibility of the application, and fraudulent use by third parties of information provided in the application.
Therefore, it is the duty of the licensee to protect their equipment against any form of intrusion and/or virus contamination, for which EMPATIA can never be held responsible. EMPATIA will not be responsible for any malfunction or damage to the licensee's device. EMPATIA will not be responsible if the user's device is not compatible with the EMPATIA software.
In general, EMPATIA assumes no responsibility in the event of a breach resulting from accidental events or force majeure or causes beyond reasonable control, including, without limitation, internet failures, hardware or software failures, telecommunications equipment failures, other equipment failures, power outages, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, wars, government actions, orders of domestic or foreign courts or tribunals, failure of third parties, or loss or fluctuations in heat, lighting, or air conditioning, and, more broadly, any uncontrollable and unforeseen event that prevents the proper execution of orders.
Finally, the licensee is solely responsible for the use they make of the EMPATIA software and cannot hold EMPATIA liable for any claim and/or lawsuit against the licensee based on such use. The licensee will be responsible for any claim, complaint, or legal issue, and, more broadly, for any lawsuits filed by third parties against EMPATIA in relation to the use of the EMPATIA software by the licensee.

 

ARTICLE 6 – Intellectual Property
The source code of the Application, the emojis created for the Application, and any trademarks used within the Application are the exclusive property of EMPATIA.
These elements are protected by intellectual property laws and others. Any use of these elements, except for the purpose of using the Empatia Software in accordance with the Terms, is strictly prohibited.
The Licensee acknowledges that no license or right to any intellectual property belonging to, controlled by, or licensed by EMPATIA is granted to the Licensee, and all rights are reserved by EMPATIA, except as expressly provided in these Terms.
The Licensee agrees not to impair or attempt to impair the rights of EMPATIA by any unauthorized use, modification, copying, reproduction, republication, uploading, posting, transmitting, distributing, selling, licensing, renting, public display, editing or adaptation, or creation of derivative works, in any way, of any Content or any other part of EMPATIA's intellectual property rights.
The Licensee is permitted to save, share, and post images of their saved games on social networks or other media, and export games as .pdf or image files, provided that these contents are not sold or used for commercial purposes.
In particular, any reproduction and/or making available of the Application and/or the elements that comprise it (as described above) by any means, that are not authorized as described above, is prohibited and would be considered a violation of the law.

Article 7 – Price
O preço para a compra do Software Empatia está indicado na Apple App Store ou Google Play Store e inclui todos os impostos. Esta é uma taxa de compra única que concede ao Licenciado acesso ao Aplicativo.

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Article 8 – Modifications of the Terms
EMPATIA reserves the right to modify these Terms at its discretion. Any changes to the Terms will be made available within the Application or through the app store. Users will be notified of the changes within the app upon the next update. It is the responsibility of the Licensee to check for updates to the Terms periodically. Continued use of the Application following any changes to the Terms constitutes acceptance of those changes.

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Article 9 – Nullity of a term
In case one of the clauses of the Terms would be declared void or voidable for any reason, the other clauses will still apply without any modification.

Article 10 – Jurisdiction – Claims and Disputes
These Terms are governed by the laws of Brazil.
Any claim regarding the application of these License Terms should be addressed by email to info+app@jogoempatia.com.

If the Licensee’s claim (i) has not been resolved by email or (ii) remains unanswered for more than two (2) months after receipt of the claim, the Licensee may attempt to reach an amicable agreement before initiating any legal proceedings.
If no amicable agreement can be reached, in the event of a dispute, any claim regarding the validity, interpretation, and/or enforcement of the Terms must be submitted to the State Court of the City of Curitiba, State of Paraná – Brazil. The Licensee irrevocably agrees to the exclusive jurisdiction and venue of such courts.

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