This SITE is owned by D4S Serviços em Tecnologia LTDA - ME, a legal entity governed by private law, registered with the CNPJ/MF nº. 23.691.353/0001-80, with headquarters at Av. Paulista, nº. 1439, Bairro Bela Vista, São Paulo/SP, CEP: 01311-200, known by its trade name D4Sign.

This Terms of Use regulates the use of the SITE by the user, with SITE being understood as all web pages substantiated in the domain d4sign.com.br, doc4sign.com.br and its subdomains, and by user any natural person who uses it or accesses, establishing its rights and obligations. Use of the website implies recognition, full, irrevocable and complete acceptance of all the following terms:

I. ACCEPTANCE

1. This document contains important legal information regarding the use of the SITE, therefore it is essential to read and understand it.

2. When accessing the SITE or using any of its features, the user expresses his wishes to this Terms of Use in a free, express and informed manner, declaring his full, complete and unrestricted agreement with these conditions.

II. ACCESS AND REGISTRATION

To access and use the SITE's features/services, the user must be connected to the world wide web, using an updated web browser. The system will not operate on browsers with versions prior to: Chrome 23.x; Firefox 41.x+; Safari 5.1; and Internet Explorer 9.x.

3. To use the services, the user must register in advance on the SITE. The veracity of the data provided in the registration will be verified by the Federal Revenue Service, and in the possibility of incorrect or untrue data, the account may be blocked or definitively canceled, without prejudice to other measures that it deems convenient and opportune, without the need for prior communication, the user is not entitled to any intervention or reimbursement.

4. Registration can be done in the following ways:

a) Free account – type of account that is not charged, will remain open for an indefinite period of time and can be canceled or rejected at any time (i) allows the user to electronically sign any document sent to them, (II) makes it available to users to send up to 03 (three) documents, which must occur within 30 (thirty) days of account registration, once the 30 (thirty) period has expired, the right to 03 (three) submissions will be lost, without prior notice.

b) Charged account – type of paid account, intended for sending and receiving documents to be signed electronically (I) the number of documents sent per month is defined by the user contract service package (II) the number of shipment is not cumulatively, unused shipments will not be counted towards the shipment balance for the subsequent month; (III) when safes are shared with other users, the shipments made by these users will be debited from the balance of the user who shared the account (IV) the documents will be encrypted and stored securely and privately for a period of 05 (five) years; (V) in the event of default for more than 05 (five) days, the Charged Account will be migrated to the Free Account.
I - The billed account generates recurring charges;
II - Your subscription (charged account) may be canceled at any time;
III - In case of cancellation of the subscription (account charged), the credits already added will continue to be available in the account and no further charges will be made in subsequent months.

5. Technical support for access/use of the service will be provided exclusively by email, through the contact channel available on the SITE. D4Sign is not responsible for any damage that misuse of the services may cause to the user's computer.

6. After registering, the user will use the registered email address and password to access all the resources available on the SITE. Access credentials are for the exclusive, personal and non-transferable use of the user who registered.

7. The user assumes full responsibility for the custody, secrecy and security of their access credentials, as well as their misuse by other people.

8. When using the SITE, the user declares to be fully aware that he will be solely responsible for the operations carried out using his access credentials.

9. The user hereby expressly consents that all collected data may be processed in the following cases: inclusion of data in a database hosted in Brazil or the United States; processing of data to the extent necessary for the adequate provision of services; to protect D4Sign's interests in any type of legally discussed conflict; in the case of transactions and corporate changes involving D4Sign, in which case the transfer of information will be necessary for the continuity of services; and in the cases provided for by law.

III. STORAGE OF DOCUMENTS

10. In the Charged Account modality, documents will be encrypted and stored securely and privately for a period of 5 (five) years, and in the Free Account modality for a period of 30 (thirty) days. Once the storage period defined above has expired, documents may be deleted without prior notice to the user.

IV. COLLECTION, USE, STORAGE, PROCESSING AND DELETION OF DATA AND INFORMATION, AND SITE CONNECTIVITY (In accordance with LAW Nº. 13,709, OF AUGUST 14, 2018)

11. D4Sign may collect, use, store and process user data, under the terms permitted by current legislation and for the exclusive purpose of providing electronic signature services, with the user expressly consenting to this act.

12. When using the service, user authentication will be carried out using email, password, access code, IP, geolocation, on-screen signature, CPF, full name, date of birth and any other means that D4Sign finds valid. This information will be recorded and permanently assigned to the document that the user will be signing.

13. The user hereby expressly and freely consents that all collected data may be processed in the following cases: inclusion of data in a database hosted in Brazil or the United States; processing of data to the extent necessary for the adequate provision of services; to protect D4Sign's interests in any type of legally discussed conflict; in the case of transactions and corporate changes involving D4Sign, in which case the transfer of information will be necessary for the continuity of services; and in the cases provided for by law.

14. All data collected is treated as confidential. Therefore, D4Sign will only use them in the manner expressly described in this Terms of Use, and the use of the data for any other purpose is prohibited.

15. If the user uploads a document that contains viruses, errors, Trojan horses or any similar problems, the document may be deleted without any prior notice. If the infected document is sent to the signatory before the problem is identified, D4Sign cannot be held responsible.

V. SERVICE LEVEL AGREEMENT OR SLA (SERVICE LEVEL AGREEMENT)

16. For the purposes of this Terms of Use, the service level agreement or SLA (Service Level Agreement) is called the level of technical performance of the service provided proposed by D4Sign, provided that such an agreement does not represent a reduction in D4Sign's responsibility, but rather an indicator of technical excellence, since in Information Technology there is no full (100%) guarantee of service level.

17. D4Sign, as long as the obligations set out in this Terms of Use are observed, is technically capable of offering and intends to maintain, in each calendar month, an SLA (Service Level Agreement) – service level agreement or performance guarantee ) of 98.00%.

VI. USER OBLIGATIONS AND RESPONSIBILITIES

18. The user’s obligations and responsibilities are:

a) Whenever requested, provide true, accurate, updated and complete information, especially when registering with the SITE.

b) Use the SITE solely and exclusively with a lawful intention and purpose, any other use being prohibited, especially those outside its original specific purpose.

c) The preparation of documents to be signed electronically, since D4Sign does not provide models/drafts of any document and is also responsible for all information contained therein.

d) Properly upload the document to be signed electronically.

e) Correctly register all signatories of the document to be signed electronically. Considering that D4Sign is not responsible for sending the document to the wrongly registered signatory.

f) Carefully read the document to be signed electronically, as D4Sign has no influence on the content of the document.

g) Not violate any industrial and intellectual property rights of D4Sign and third parties in the use of the SITE, including the application of disassembly, decompilation or any other attempt to discover the respective source codes, in whole or in part.

h) Do not use the SITE to store, distribute, transmit or reproduce any materials that: violate the rights of third parties; are illicit, defamatory, violent, pornographic, discriminatory or contrary to morals and good customs; are contrary to the honor, reputation, intimacy and privacy of any person; have content linked to drugs, or cause difficulties in the normal functioning of the SITE, but not limited to these.

i) Do not use the SITE to commit and/or attempt to commit acts that aim to: alter the content of the SITE; gain unauthorized access to another computer, server, or network; disrupt service, servers, or computer network through any unlawful method.

j) Do not bypass any authentication or security system; secretly surveil third parties; access confidential information of third parties, of any nature.

k) Respect any and all current Brazilian legislation applicable to the use of the SITE and the user's actions within it, as well as any applicable rules or laws in the country from which the user's access originates.

l) Respect all conditions established in this instrument.

VII. INTEGRITY

19. Document integrity is performed through HASH SHA 256 and 512, ensuring that each document is unique, unalterable and incorruptible.

VIII. NON REPUDIATION

20. The user acknowledges, approves, and declares to trust the method used by D4Sign to insert the electronic signature, and to be assured of the degree of confidentiality, integrity, and authenticity of the services. Therefore, you hereby declare that you agree, in accordance with article 10 of MP 2.200-2/01, with the method adopted to electronically sign any document within the SITE.

IX. ACCOUNT CANCELLATION

21. Account cancellation may occur at any time, without incurring a fine or any other penalty. The Charged Account may also, at the user's request, be converted into the Free Account modality, the date on which it will become regulated by the terms of contracting the Free Account, including with regard to document storage.

X. GENERAL TERMS

22. Payment for services contracted with D4Sign are made through the company's commercial transaction payment solution Pagar.me. D4Sign does not keep users' banking information and credit card information on its servers. It also declares that the payment history available on the SITE is managed by the company Pagar.me.

23. D4Sign uses all reasonable efforts in accordance with the current state of the tecnique to guarantee the security of its systems when storing the data, and therefore adopts the following precautions: protection software against unauthorized access to systems; access by people to places where information is stored depends on prior authorization; Those who come into contact with the information must maintain absolute confidentiality.

24. D4Sign reserves the right to modify the SITE, and the services and/or prices mentioned at any time, without prior notice, including making periodic changes relating to the maintenance or improvement of the SITE.

25. This Terms of Use Responsibility represents the full understanding between the parties with regard to the use of the SITE. D4Sign may revise it at any time, without prior notice.

26. D4Sign's servers are hosted in the Amazon AWS datacenter, which does not guarantee full technical excellence (100%), which is why D4Sign cannot be held responsible for any problems generated by failure to provide services provided by Amazon AWS.

XI. APPLICABLE LAW AND JURISDICTION

D4Sign may update or modify this Terms of Use at any time, so it is recommended that the user review it periodically. Changes and updates will take effect upon publication on the SITE.

Continued use of the services after any changes to this Terms of Use shall constitute acceptance of such changes.

If any provision of this Terms of Use is found to be unlawful, void, or for any reason unenforceable, such provision shall be deemed severable from this Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

The failure of D4Sign to enforce any provision of this Terms of Use shall not be deemed a waiver of such provision or the right to enforce it at a later time.

This Terms of Use constitutes the entire agreement between the user and D4Sign regarding the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between the user and D4Sign.

X. DISPUTE RESOLUTION

This Terms of Use is governed by Brazilian law. For all matters arising from this Terms of Use, the parties elect the Central District Court of São Paulo/SP, waiving any other, however privileged it may be, to settle any disputes arising from this instrument.

XI. FINAL CONSIDERATIONS

27. This Terms of Use will be governed, interpreted and executed in accordance with the laws of the Federative Republic of Brazil, regardless of the conflicts of these laws with the laws of other states or countries, with jurisdiction being the Court of the District of São Paulo, Capital, in Brazil, to resolve any doubts arising from this instrument.

28. The user expressly consents to the jurisdiction of this court, and renounces the jurisdiction of any other forum, however privileged it may be or may become.