GreenPath's Terms of Use

Version 2 – July 26, 2024

This document aims to establish the Terms of Use ("Terms"), which is a binding contract between yourself ("User") and Full Gauge Eletro-Controles Ltda. ("Full Gauge", "we", "us", or "our"), registered with CNPJ keeper and sole owner of GreenPath App ("App").

The GreenPath sensor family offers high trust and precision when monitoring controlled environments and critical loads. Monitor your goods and environments through an app with a friendly interface. Generate detailed reports in PDF or CSV formats, including registries, statistics, alarms, and much more. Full Gauge developed an exclusive app for that sensor line to access these resources, allowing an agile, simple, and optimized operation.

By using the App, the Users accept the terms and conditions established in these Terms and the Privacy Policy. If you don’t agree with the terms and conditions contained herein, do not use the App. Full Gauge reserves the right to update the documents regularly under our exclusive criteria; being your duty to review them regularly for eventual modifications and updates.

Please read the Terms carefully before using the GreenPath app.

1.1

The objective of this document is to define the rights and duties of the Users when using Full Gauge’s GreenPath App. The App allows the Users to interact with the GreenPath family sensors, allowing the device settings, registration verification, and report generation.

1.2

The Terms were created to rule over the App’s use and, together with the Privacy Policy, show which information will be gathered related to its use and how this information will be treated, following Law 13,709, from August 14 th , 2008, General Data Protection Law ("LGPD" in Portuguese) which rules over the personal data protection.

2.1

The App allows Users to access the registries of the GreenPath family sensors and see the data, statistics, and alarms, as well as generate reports in PDF or CSV formats.

2.2

To access the contents in the App, it is necessary to register, with name, email, password, and company name. In case the user already has an active registration, access with the login and password.

2.3

When logging in the App, the User will access a starting screen that will request the User login and password.

2.4

To allow the full functions of the App, it is necessary that the User performs a registration by inputting the full name, email and company name. The User may also receive an access key or a QR code of a registered User to read specific sensors.

2.5

The User who generates the access key or QR code for the application will determine the duration of the access validity and which sensors will be made accessible.

2.6

The access key will be entered in a specific field within the application, and the QR code will be scanned through the Green Path application, which will require the device's camera to be enabled for proper functioning.

2.7

The App may have new versions, resulting from modifications in their current characteristics, due to technical compatibility reasons with the evolution of the resources, aiming to its own evolution.

3.1.

By accessing the App, Users attest that they have read and agree with the following documents:

• Privacy Policy;
• Terms of Use.

3.2.

Each document has its specification, and it is the responsibility of the Users to read them carefully and, when accessing for the first time the App, verify if they agree with the content in the referred documents, and they may not claim not knowing the rules and information contained therein. In case the User does not agree with the contents of the available documents, we do not recommend using the App.

4.1.

It is a responsibility of the User to read these Terms of Use and the Privacy Policy when accessing the App.

4.2.

Using the App must be performed only by those who have a legal capacity to hire, being its use forbidden to those not capable of, even underaged persons or people who have been deemed not capable by Full Gauge, by judicial order or any other competent authority. In case Full Gauge confirms the presence of these Users in the App, we will request clarification and will block the access of said User.

4.3.

Full Gauge is not responsible for the correction of the personal data registered by the Users, with the Users being responsible, in any case, for the truthfulness, precision and authenticity of the data.

4.4.

The Users shall make a commitment to notify Full Gauge immediately, and through secure means, about any unauthorized use on their part, as well as any unauthorized access by third parties. The Users will be the sole responsible for the operations performed on their behalf, since the access is personal.

4.5.

The Users acknowledge that the access to the App is personal and non-transferable, and they must take all necessary measures to guarantee their confidentiality, being responsible also for performing the log-off to end the access to the App.

4.6.

The Users acknowledge that they must offer due security in the use of their computer equipment and use, whenever possible, antivirus systems and programs, firewalls, and other up-to date security systems, and Full Gauge is exempt from any responsibility when not using due security measures.

5.1.

Full Gauge is not responsible for the equipment setting and operational functions that are linked, directly or indirectly, to the functions of the App, such as tablets, cellphones, Bluetooth, Wi-Fi, data networks, etc.

6.1.

The dispositions in Law nº 9,609/98 and Law nº 9,610/98 are applicable to this document, which describe the Intellectual Property protection of the App and Copyrights protection.

6.2.

It is an exclusive ownership of Full Gauge, for all rights ends, the intellectual property rights, ownership, and copyright on the App and any product or documents relates exclusively to the App, including, but not limited to, the source code, its components, design, and structure. Full Gauge is the only accredited party to promote any registration related to intellectual property rights, interventions, copyrights, industrial designs, and use models related to the App.

6.3.

It is expressly prohibited the use of the App without its license, as well as the modification, cession, distribution, reproduction, publishing and licensing, free, at a cost, or any other title, to whoever it may be, violating the laws of copyright protection.

6.4.

Full Gauge reserves all and any property rights arising from the App and the performed customizations, with the User being prohibited, expressly, to lend, rent, copy, cede, sublicense, lease, or give as collateral, reproduce, donate, alienate in any form, transfer totally or partially, under any modality, free or at a cost, temporarily or permanently the App, as well as any other information related to it.

6.5.

The Users are obligated to not use the App beyond the limits established in the contract, as well as not request, at any moment, the registration of identical or similar Full Gauge products or brands, together or not with other brands, including their own, words, figures or layouts.

7.1.

All information in the App will be stored in high-security servers or magnetic devices. Full Gauge will take all possible measures to maintain the confidentiality and security described in this clause; it will not be responsible for any losses arising from the violation of these measures by third parties that use public networks or the internet, undermining the security systems to access the information in Full Gauge’s databanks.

7.2.

The Users may not attribute to Full Gauge any responsibility nor demand any payments for lost profits due to losses resulting from technical difficulties or failures in the systems or the internet. Eventually, the App may not be available due to technical reasons or internet failures or by any other fortuitous event or force majeure not under Full Gauge’s control.

7.3.

Full Gauge will not be responsible for the results of the App, in case the device used to access it is affected by any type of external program, such as the ones commonly known as viruses, or due to operation failure.

7.4.

Full Gauge will also not be responsible for: (i) integration of the App with any other third party or User’s software; (ii) operation of the App by unauthorized people; (iii) any defects arising from an exclusive fault of the Users, and (iv) due to damages or losses arising from administrative, managerial or commercial decisions taken based on the information given by the App.

7.5.

Full Gauge is not responsible for abuses, or misuse in relation to the technical specifications applicable to the App, or arising from modifications or system adjustments performed (including combination, connection, operation, or use of any components with equipment or documents not supplied by Full Gauge) to the App by Full Gauge or any other unauthorized third party, including lost profits, data loss, business termination, related to the use or misuse of the App, even in the cases where Full Gauge has been informed.

7.6.

Any losses that the Users are exposed to arising from the misuse of the App and from the incorrect registration of any data will not be covered by Full Gauge.

8.1.

The User’s personal data protection is a serious matter for Full Gauge, and thus we abide by the compliances, duties and obligations in relation to personal data protection as expressed in the Privacy Policy, treating the User’s personal data and the information submitted in the App in accordance with the applicable law in force, including but not limited to Law nº 12,965, from April 23 rd , 2014, and Decree nº 8,771 from May 11 th , 2016 ("Internet Civil Framework") and Law nº 13,709, from August 14 th , 2018 ("General Data Protection Law" or "LGPD"), whenever applicable.

8.2.

If you, in your User quality, verify a situation that may infringe the LGPD, the Internet Civil Framework, or puts at risk the security of the information, please contact us through the privacidade@fullgauge.com.br email.

9.1.

Any User violation of these Terms, the Policy, the laws in force, and good faith will obligate the communication of the situation from Full Gauge to the User, who must take all necessary measures. Under Full Gauge’s criteria, and independently of the prior communication, the User’s account may be temporarily or permanently suspended in case a risk to the App is identified, which may violate rights such as, but not limited to, personal data protection, intellectual property, and information security.

9.2.

The User’s inaction, when informed of the situation, may generate the termination of all and any contract signed between the User and Full Gauge, as well as the resulting deletion of the User’s account.

9.3.

Full Gauge may take any action they deem reasonably necessary to comply with the applicable legislation, or by order or request from a courthouse, authorities, or other administrative agency or government body.

9.4.

Full Gauge is not responsible for storing any User data after the termination of the contract.

10.1.

In the maximum extent allowed by the applicable legislation, you, in your User quality, agree to free, defend, compensate and exempt Full Gauge from any claims, responsibilities, damages, losses, and expenses, including but not limited to, accounting and legal fees resulting from, arising or any other way related to: (i) the violation of the Terms or the Policy; (ii) due to misuse of the App; or (iii) the violation of any laws, regulations, or third party rights, such as intellectual property or privacy rights.

11.1.

Full Gauge may modify the Terms, at any moment, under their exclusive criteria, with the User being informed in their next access about the modifications, and the User must agree with the new terms, with the possibility of deleting their account if they do not agree.

12.1.

The parties will not be responsible for the non-compliance of the obligations contained in the Terms if it is confirmed a fortuitous case or force majeure, with any event of this kind being immediately communicated to the other party, in written.

12.2.

The tolerance of the parties in demanding the compliance with any obligations included in the Terms, even when repeated, will be considered an act of free will and must not be interpreted as a novation or implicit acceptance of the modification to the obligations contained herein.

13.1.

To arbitrate any doubts, divergences or controversies arising from the app or interpretation of the Terms and the Privacy Policy, the Court of the Canoas District is chosen, in Rio Grande do Sul state, with the express resignation of any other, no matter how privileged or special.

14.1.

By continuing to use the App, the User declares that they acknowledge and agree with the App's Terms of Use.