Terms and conditions of use

Last update: September 2022

The use of the services offered by ECCON SOLUÇÕES AMBIENTAIS EIRELI, enrolled under CNPJ nº 20.481.986/0001-76, using the online platform ECCON data, is subject to acceptance of these “Terms of Use”.

By accessing the website or using the service, you agree to be bound by these terms, and cannot claim, for any purpose, in or out of court, in a friendly or litigious manner, the unawareness of its content.

INTRODUCTION
1. ECCON Data is an online forest carbon business platform that aims to provide visibility for carbon projects developed by ECCON SOLUÇÕES AMBIENTAIS EIRELI and protected private properties with potential for generating carbon credits.
2. The platform’s services were exclusively developed by the private entity named ECCON SOLUÇÕES AMBIENTAIS EIRELI, registered under CNPJ nº 20.481.986/0001-76, which holds and owns all rights over the platform, its conception, and operation.
3. These Terms of Use establish contractual obligations taken by and between ECCON Data and the individuals or corporate entities subscribing to the platform, hereinafter referred to as “User” or “Users”, on their own free will and for an indefinite duration”.
4. The User declares to be aware that the platform works through automated processes, which are subject to errors. If you notice any irregularity or malfunction, you may report it and ask for correction by sending an e-mail to contato@wordpress-1196016-4217327.cloudwaysapps.com.
5. Even if signed electronically, the acceptance of our Terms of Use constitutes a contract with full legal validity and effectiveness, by Brazilian law, and, especially, it is authorized by article 425 of the Brazilian Civil Code (Law Nr. 10.046/2002), in the following terms: “Art. 425. It is licit to execute atypical contracts, provided its compliance to general rules established in this Code” (free translation).
6. The use of the services provided by ECCON Data implies the acceptance of these Terms of Use. If you do not agree with the provisions contained in these terms, you should not use them.
7. The clauses or items described in this instrument may be amended, unilaterally, and at any time by ECCON Data to adapt to changes in the services or to meet new legal or third-party requirements. The changes will be posted on the website and, once they are implemented, they will be informed to the User by e-mail, allowing you to know the changed content. The User may always choose to accept the new content or to cancel the use of the services described herein.
8. The publicity services over the green assets, telephone, and e-mail assistance, articles, news, and other resources made available by ECCON data will be referred to simply as “services”.
9. Any report, flow chart, document, information, text, graphic, image, video, and other materials uploaded, downloaded, or made available by ECCON Data are considered and referred to herein as “content”.
10. The User declares to be aware that ECCON Data may, at any time, unilaterally and without prior notice, (i) cease to provide the available free services, (ii) modify its characteristics, or (iii) create restrictions on its use or access.
THE DISCLOSURE OF THE ASSETS ON THE PLATFORM
1. The information on the areas/real estates registered on ECCON Data is grounded on data and documents provided by clients and commercial partners that access the platform. In that way, ECCON Data does not have the purpose of declaring its compliance or noncompliance before public bodies, agencies, or other institutions. You are fully and individually responsible for any decision that may be made based on the result performed on information provided on our website.
2. ECCON Data is not a transaction platform for registered properties. The disclosure of the areas has the objective of giving visibility to protected areas that have the potential to generate carbon credits.
3. By using our platform, you authorize us to account for your access to our database, as well as to visually use your brand.
CONTENT LICENSES
1. The site content is exclusive property and right of ECCON Data and ECCON SOLUÇÕES AMBIENTAIS EIRELI. The User may not copy, reproduce, distribute, transmit, display, sell, license, dispose of in any way or exploit any content accessed in ECCON Data for any purpose, whether profit-seeking or not.
2. The User agrees that ECCON Data may use your personal data to contact you by e-mail or telephone.
3. The User agrees that ECCON Data has the right to use the information and documents provided by the User regarding the registered property (enrolment, Environmental Rural Certificate, georeferencing, plants, pictures, etc) for analysis purposes whether made by us and/or by third parties.
4. The User agrees that ECCON may use the information and documents provided for carbon availability analysis in the area.
5. The User agrees not to contribute with false content, private information of other people, or personally identifiable without their express authorization and permission, or content that could damage or harm any system, data, or information such as virus, trojan horse, or similar.
6. Subject to these Terms, ECCON Data provides the User with a personal and non-transferable license to use the service as it is provided on the platform.
7. The User is responsible for his/her use of the service, the information he/she provides, and the consequences of its use.
8. ECCON Data reserves the right to access, read, preserve and disclose any information or data deemed necessary to (i) satisfy any law, regulation, legal process, or governmental request; (ii) enforce the Terms, including investigation of potential violations; (iii) detect, prevent or otherwise address fraud, security or technical issues; (iv) respond to user support requests, or; (v) protect the rights, assets or safety of the platform, its users and the public.
9. The services offered by the platform ECCON Data may be submitted for constant updates and improvements with the purpose of adding new functionalities or correcting any faults.
TOOLS AND SERVICE FUNCTIONALITIES
1. All the tools, functionalities, and services of the platform ECCON Data will be displayed on the site and may be updated, upon notice to Users.
2. ECCON Data commitment does not commit to adapt the plans, functionalities, or tools of its services to meet specific objectives defined or expected by the User.
COLLECTION AND PAYMENTS
1. The registration of real estate and its maintenance on ECCON Data are, currently, free of charge. The User declares, under the terms of clause 1.10 hereabove, that he/she is aware that ECCON Data may, at any time, unilaterally and without prior notice, (i) stop providing the services or any other that may be incorporated by the platform free of any charge, (ii) modify its characteristics and (iii) impose certain limitations for its use or access.
2. For any other services directly or indirectly related to the platform and not outlined in these Terms of Use, shall prevail and be valid the conditions, obligations, and rights established in the specific fee proposal or agreement to be signed between the User and ECCON SOLUÇÕES AMBIENTAIS EIRELI, the legal entity which has idealized and maintains the ECCON Data.
OBLIGATIONS AND RESPONSIBILITIES OF THE PARTIES
1. ECCON Data is not responsible for any damage to your computer system, loss of data, or other damage that results from your access or use of the services or content.
2. The User also agrees that ECCON Data has no responsibility or obligation for the exclusion or failure to store or transmit any content, as well as other communications maintained by the service.
3. The User undertakes to provide true, accurate, current, and complete personal data during the process of registering for the services, as well as to keep up to date on the information provided to enable the proper functioning of the automatic systems provided by the platform ECCON Data, taking full responsibility regarding the accuracy and veracity of the data in accordance with civil and criminal law statutes requirements.
4. The User cannot download any content of the platform ECCON Data unless it is made available to download.
5. ECCON Data may not perform the verification of the data introduced by the User in its system, and it is up to the User to verify the regularity of this information, undertaking full responsibility such as provided in clause 6.3 hereabove.
6. ECCON Data reserves the right to terminate the subscription in case it becomes aware of the falseness or dishonesty employed by the User and may prevent his/her subsequent return to the services, unbinding the platform of any kind of compensation. Termination for force majeure, breach, or convenience shall be previously communicated to the User.
7. ECCON Data may, at any time, terminate the account and prevent access by the User that violates one or more clauses of these Terms.
8. The platform ECCON Data is not liable for any damages that may be caused by temporary alteration, suspension, or discontinuance of any of its free services.
9. There is no grace period or any type of customer loyalty between the User and ECCON Data.
10. Any act of tolerance by ECCON Data in the case of breaches of these Terms of Use or not to exercise its right to immediately interrupt the services, shall be considered as mere liberality, not consisting of abdication of its rights or tacit alteration of this contractual instrument, whether partial or total.
11. The applicable legislation to the Terms of Use and the legal relationship between the User and ECCON Data is Brazilian Law, to the exclusion of any other.
12. The central forum of the district of São Paulo is chosen as the competent venue to resolve disputes arising from this agreement to the exclusion of any other, however privileged it may be.
13. In the event of any conflict, doubts, or divergences in interpretation between the provisions of these Terms of Use in its Portuguese and English version, the Portuguese version shall prevail.