These Terms and Conditions are effective as of August 25, 2018.
These terms and conditions (hereinafter, the “Terms and Conditions”) govern the use and access to iN2 (hereinafter, the “Platform”) and/or any and all additional customer service solutions offered and operated by iN2, now formally iN2, LLC, a company based in the United States of America (hereinafter, the “Services” or “Service”), to provide to the Client's patrons (hereinafter, the “Users”). Both access and use of the Services depend on the acceptance and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and individuals who access or use the Services.
1. Terms of Services
These Terms and Conditions constitute an agreement (hereinafter, the “Agreement”) between the clients of iN2 (hereinafter, the “Clients”) and iN2, LLC (each, a “Party” and, collectively, the “Parties”), a company based in the state of Florida, United States of America. These Terms govern access to the Services and to the iN2.com.br website (hereinafter, the “Site”), including software, data feeds, information, tools, features, and functionalities available on the Site.
Additionally, by using the Services, the Client will be subject to any guidelines or rules posted within that Service, in addition to those contained in these Terms and Conditions.
BY ENTERING, VISITING, AND/OR USING THE SITE AND/OR SERVICES, THE CLIENT AGREES TO HAVE READ AND UNDERSTOOD THE TERMS SET FORTH IN THIS AGREEMENT, INCLUDING THE TERMS OF THE PRIVACY POLICY, THAT FOLLOW THE LEGAL STANDARDS OF THE UNITED STATES (INCLUDING, WHEN APPLICABLE, FEDERAL AND STATE STANDARDS SUCH AS FLORIDA, CALIFORNIA, OR OTHERS). THE CLIENT AGREES TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. IF THE CLIENT DOES NOT AGREE WITH THESE TERMS, THEY SHOULD NOT USE THIS SITE AND/OR ANY OF THE SERVICES PROVIDED BY iN2.
iN2 reserves the right, at its discretion, to change these Terms and Conditions periodically to reflect changes in the business, in the Sites, in the Services, or as required by applicable United States laws. Changes will be announced with 30 (thirty) days' prior notice on the “Terms and Conditions” page of the Site. We may also notify Clients using the provided contact information. The revised Terms will take effect on the published date. If the Client continues to use the Services after the changes, they will automatically be bound by the revisions.
Nothing in these Terms will be construed as creating third-party rights. The Client agrees that iN2 will not be liable for modifications, suspension, or discontinuation of its Platforms and/or Services.
2. Use of Services
2.1. By using or accessing any of the Services, the Client and/or User agrees to be bound by these Terms and Conditions. If they are using the Services on behalf of an organization, company, or entity (“Organization”), they declare to have sufficient legal authority, according to American contract law, to bind such Organization.
The Client and/or User may only use the Services if they have legal capacity according to United States law and fully agree to these Terms, as well as all applicable local, state, and federal laws. The Client acknowledges that the Services may be changed or updated without prior notice due to the dynamic nature of technology platforms.
2.2. iN2 has the right, at its sole discretion, to refuse to provide Services, temporarily or permanently, to any Client or User if it identifies suspected violations of these Terms or behavior incompatible with American law.
3. Knowledge
Among other benefits, the Services allow Customers to create, publish, or upload information, links, photos, videos, or other materials (hereinafter, the "Knowledge") and share them with third parties. The Customer retains ownership of the Knowledge but acknowledges that iN2 WILL NOT BE LIABLE for copying, redistribution, retransmission, or disclosure made by Users or third parties.
The Customer acknowledges that publishing the Knowledge does not substitute registration with United States copyright authorities, such as the U.S. Copyright Office.
The Customer undertakes not to create, upload, or publish Knowledge that: (i) may result in the risk of physical, emotional, or material harm to persons or animals; (ii) may cause harm to individuals or property; (iii) exploits minors or encourages the collection of personal information without consent; (iv) constitutes a crime under U.S. federal or state laws; (v) contains illegal, offensive, abusive, racially discriminatory, defamatory, invasive of privacy, harassing, or slanderous information; (vi) contains third-party confidential information or trade secrets; (vii) contains information that the Customer is not entitled to disclose; (viii) contains false or outdated information.
iN2 may remove any Knowledge it considers to violate these Terms. The Customer grants a worldwide, non-exclusive, royalty-free license for iN2 to use, copy, adapt, translate, display, distribute, and transmit the Knowledge for the purposes of operating and improving the Services, including artificial intelligence.
iN2 may also access, maintain, and disclose information as required by U.S. laws, such as: (i) compliance with subpoenas, court orders, or government requests; (ii) investigation of violations of these Terms; (iii) detection and prevention of fraud or technical problems; (iv) fulfillment of support requests; (v) protection of iN2's rights, property, or safety, users, or the public.
4. Use of Knowledge
All Knowledge included in the Services, whether public or privately transmitted by Users, is the exclusive responsibility of the creator of that Knowledge. iN2 does not endorse, support, represent, or guarantee the accuracy, truthfulness, or reliability of any Knowledge published, nor does it support opinions expressed by Users.
iN2 does not have the ability to oversee or control the Knowledge created, uploaded, or published by Customers and Users, and therefore assumes no responsibility for such Knowledge. If the Customer uses or relies on any Knowledge made available through the Services, it does so at its own risk.
Under no circumstances shall iN2 be liable for any loss or damage arising from the use of Knowledge disclosed on the Platforms. The Customer acknowledges that it is solely responsible for its use of the Services and the consequences of sharing its Knowledge.
iN2 shall not be responsible for the use of the Customer's Knowledge, and the Customer declares it has full rights to grant the licenses provided for in these Terms.
5. Service Configuration
5.1. The Customer shall comply with all technical requirements and specifications of the Service, including but not limited to: (i) installation of codes, tags, and cookies provided by iN2 on its websites and emails; (ii) provision of product/service catalogs; (iii) provision of logos and Content for display in advertisements or banners.
The Customer shall fully observe iN2's policies, including the Privacy Policy, adjusted to U.S. data collection and privacy legislation.
6. Clients Account
6.1. When creating their account ("Account"), the Customer must provide accurate information. The Account grants access to the Service and Platform features, which may be modified periodically. iN2 may maintain different types of accounts for different Customer profiles.
If Users connect through third-party services, the Customer authorizes iN2 to access data provided by such services, in accordance with U.S. legislation.
Neither Customers nor Users may use third-party accounts without permission. Additionally, if the Customer grants access via API or integrated platforms, it assumes full responsibility for any damages resulting from such access.
6.2. Personal information voluntarily provided will be treated in accordance with the Privacy Policy.
6.3. The Customer is fully responsible for all activities associated with their Account and must immediately report any unauthorized use. iN2 will not be liable for losses resulting from non-compliance with these Terms.
6.4. The Customer acknowledges that iN2 does not verify the identity of each Customer or User as permitted by U.S. law.
6.5. The Customer may cancel their Account as provided in clause 10.
7. iN2 License
7.1. Subject to these Terms, iN2 grants the Customer a worldwide, limited, non-exclusive, non-transferable license without the right to sublicense, to use the Service. iN2 may revoke this license at any time. The Customer may only use the Services for legitimate purposes related to its business.
8. Payments
8.1. It is an essential condition for the maintenance of the Services that all invoices are paid in a timely manner. In the event of default, iN2 may suspend or cancel the Service.
8.2. All information provided in transactions must be accurate and up-to-date. The Customer agrees to pay all expenses associated with the use of the Services, including any applicable taxes under U.S. state or federal law, except for iN2's income taxes.
9. Limitation of Liability
9.1. The use of the Services is at the Client's own risk. Under no circumstances shall iN2 be liable for indirect, special, incidental or consequential damages, as permitted by United States law.
9.2. The Client releases iN2 from liability for actions or omissions of third parties. iN2 acts only as a provider of the Platform and does not participate in transactions between Client and Users.
9.3. The Client acknowledges the risk of fraudulent activities, such as invalid clicks, without iN2's responsibility.
9.4. iN2 is not a party to transactions between Client and User and does not act as legal advisor in such relationships.
9.5. Client and User are fully responsible for the applicable commercial and legal terms between them.
9.6. iN2 will not be liable for damages resulting from: (i) breach of the Terms; (ii) agreements between Client and User; (iii) acts of the Client causing harm to third parties; (iv) incorrect information provided by the Client.
9.7. Nothing in these Terms limits liability for fraud, gross negligence, bodily injury, or any other situation where U.S. law does not allow limitation.
10. Intellectual Property
10.1. All rights, titles, and interests in the Services (except for the Knowledge provided by the Users) are and will remain the exclusive property of iN2 and its licensors. The Services are protected by copyright, trademark, and other applicable laws in the United States and abroad. Nothing in these Terms grants the Client the right to use iN2's logos, domain names, or other distinctive brand elements.
The observations, opinions, suggestions, or comments sent by Clients may be freely used by iN2 without constituting an obligation.
The software used in the Services, including code, updates, versions, images, modules, videos, texts, and algorithms, is the intellectual property of iN2. Use is permitted to the Client within the limits defined in these Terms, and it is prohibited to copy, modify, distribute, or create derivative works outside of what is permitted by U.S. law.
The Client agrees not to remove copyright, trademark, or other legal notices contained in the materials related to the Service.
10.2. The Client accepts that iN2 may include their trade name and logo in public client lists unless formally requested otherwise.
10.3. iN2's algorithm associated with positioning, ranking, and automated communication strategies is protected by United States copyright laws, equivalent to the protection previously mentioned by Law 9.610/98 in Brazil.
11. Acceptable Use of the Services
11.1. The Client and Users commit not to abuse the Services. It is expressly prohibited:
to sell, dispose of, lend, deliver, license, sublicense, or transfer the Services, in whole or in part, without prior and express authorization; to copy, modify, translate, reverse engineer, or disassemble any part of the Platform or Service;
to interfere or disrupt the operation of the Platform, Services, or servers; to violate applicable laws, regulations, or policies in the United States;
to violate the privacy or rights of other Users; to collect data without express consent, either manually or using robots, crawlers, or scraping tools;
to disclose illegal, abusive, violent, discriminatory, obscene content, or content that infringes on the rights of third parties;
to impersonate another person, falsely declare affiliation with any entity, or suggest that iN2 endorses the Client's products, services, or statements;
to send unsolicited commercial messages (spam);
to transmit viruses, worms, trojans, or any malicious code; to create databases by systematically copying content from the Platform; to provide false or misleading information;
to infringe third-party intellectual property rights; to use the Service for illegal purposes; to access or attempt to access the Service through unauthorized automated means;
to violate ICANN policies or regulations when using domains, DNS, or related services.
11.2. Failure to comply with these provisions may result in the removal of the Client or immediate suspension of the Services, without prejudice to applicable civil or criminal measures under United States law.
11.3. iN2 may limit, suspend, or terminate accounts without prior notice, taking technical or legal measures as necessary.
12. Privacy
12.1. iN2 respects the privacy of Clients and Users, committing to protect personal and business data. iN2's practices observe U.S. standards, including applicable privacy regulations according to jurisdiction (e.g., CCPA for California residents, when applicable).
12.2. The Client may use tags and codes embedded in their websites or emails. Data collected by such mechanisms will be used to operate the Services and optimize functionalities, as permitted by U.S. law.
12.3. The Client agrees to include in its website: (i) a privacy policy aligned with applicable U.S. law; (ii) where required, mechanisms for cookie consent; (iii) a direct link to iN2's Privacy Policy.
12.4. By using the Services, the Client consents to the collection, use, processing, and international data transfer as described in the Privacy Policy and as permitted by United States laws.
13. Removal of Infringing Content
13.1. If the Client or User believes that any content infringes copyright or intellectual property rights, they may send a notice to abuse@iN2.com.br. iN2 will follow procedures compatible with the Digital Millennium Copyright Act (DMCA), current U.S. legislation.
13.2. Notices must contain: (i) a physical or electronic signature of the owner or authorized representative; (ii) identification of the protected work; (iii) identification of the allegedly infringing material; (iv) sufficient information to locate it; (v) a good faith statement regarding unauthorized use; (vi) a statement of truthfulness under penalty of civil liability as per U.S. legislation.
14. Trademarks
14.1. The iN2 logo and other identifiers used by iN2 (“Company Marks”) are registered or unregistered trademarks protected by U.S. trademark laws. Other marks displayed belong to their respective owners (“Third-Party Marks”). No rights or licenses are granted to the Client over such marks.
15. Links and Third-Party Sites
15.1. The Services may contain links to third-party sites. iN2 does not control and is not responsible for the availability, content, products, services, or materials present on third-party sites, as permitted by U.S. laws.
15.2. The use of third-party sites is at the Client's sole risk, and these Terms do not apply to external services. The Client releases iN2 from liability for damages resulting from interactions with third parties.
16. Indemnity
16.1. The Client agrees to indemnify, defend and hold iN2, its licensors, employees, agents, directors, and contractors harmless from any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees) arising from: (i) data or Knowledge transmitted or received by the Client or Users; (ii) use of the Services by third parties with the Client's credentials; (iii) breach of these Terms; (iv) violation of applicable laws in the United States; (v) any activity conducted through the Client's Account.
17. Confidential Information
17.1. The Client undertakes to protect and not disclose to third parties any Confidential Information received from iN2, its affiliates, or related parties. For these purposes, "Confidential Information" means any non-public, commercially sensitive or protected information, including but not limited to: (i) data, methods, processes, structures, and resources used by iN2; (ii) products, services, technologies, codes, systems, and software; (iii) cost and pricing information; (iv) analyses; (v) business methods; (vi) technical documents; (vii) trade secrets protected by U.S. laws, including the Defend Trade Secrets Act (DTSA – 18 U.S.C. § 1836).
The Client shall protect such information with the same level of care used to protect its own confidential information, never less than the reasonable standard required by U.S. law. The Client may only use Confidential Information to fulfill these Terms.
The Client shall adopt appropriate technical and organizational measures to prevent alteration, loss, unauthorized access or misuse of the Confidential Information, in accordance with good practices and applicable standards.
18. Changes
18.1. iN2 reserves the right to change these Terms and will always publish the most recent version on its Website. Changes deemed fundamental may be notified to the Client via email. The Client should periodically review the Terms page.
By continuing to use the Services after such changes come into effect, the Client fully accepts the new Terms. If the Client does not agree, they must discontinue using the Services immediately.
19. Disclaimer
19.1. The Services are provided “AS IS” and “AS AVAILABLE”, as permitted by United States laws. Use is at the Client's sole risk. iN2 and its licensors do not offer any express or implied warranties, including warranties of fitness for a particular purpose, merchantability, or non-infringement.
19.2. Under no circumstances shall iN2, its affiliates or representatives be liable for direct, indirect, incidental, special, punitive, or consequential damages, including lost profits, business interruption, or loss of data.
19.3. iN2 shall not be liable for: (i) Content submitted by the Client; (ii) damages caused to third parties by Client's actions; (iii) security failures resulting from the Client's negligence; (iv) interruptions from third parties such as external providers; (v) viruses, trojans, or malicious code transmitted by third parties; (vi) offensive or illegal behavior of users; (vii) Client's dissatisfaction with the Service.
19.4. iN2 does not guarantee and is not responsible for third-party products or services linked to the use of the Platform. Interactions with third parties are the sole responsibility of the Client.
19.5. iN2 operates a high-availability infrastructure but may conduct scheduled maintenance with prior notice or emergency maintenance without notice, as permitted by U.S. standards.
19.6. If the monthly service level is below the described percentages, the Client may receive credits corresponding to the invoice for the period, applied according to iN2's policy. Credits do not constitute mandatory monetary refunds under U.S. law but are commercial deductions.
19.7. The service level will be published at https://stats.uptimerobot.com/y6GXQHrqgN
19.8. The Client must immediately report failures, and iN2 shall inform about the repair and nature of the incident. This limitation of liability clause applies according to applicable federal and state legislation, subject to specific legal exceptions of each state.
20. Cancellation and Refund
20.1. To ensure the security and integrity of the Platform, upon requesting cancellation, the IP and geolocation may be automatically recorded, as permitted by applicable privacy laws. Only the contracting Administrator may perform the cancellation through the Control Panel. No iN2 team member is authorized to cancel on behalf of the Client.
20.2. The Client may cancel their plan within 7 (seven) calendar days from the date of first contracting or upgrade, being entitled to a full refund. This right does not apply to renewals.
20.3. Subsequent upgrades are not considered first contracting and do not grant the right to a refund, except if otherwise provided by law.
20.4. Cancellations made within 7 (seven) days will result in the immediate initiation of the refund process. The timelines for crediting the Client depend on the policies of the respective card operators and financial institutions. For PIX and other instant means, timelines may vary according to the payment provider.
20.5. Cancellations made within 72 (seventy-two) hours after contracting may be automatically reversed by the payment operator, and the refund amount may be displayed on the Client's statement within up to 20 (twenty) business days, according to the card issuer's rules.
20.6. The Client acknowledges that certain processing fees charged by payment providers (including but not limited to Stripe) are classified as non-refundable. If such fees are not returned to iN2 at the time of refund, the corresponding amount may be deducted from the amount to be refunded to the Client. This condition is part of these Terms of Agreement and Use Conditions and was expressly accepted by the Client at the time of contracting.
21. Miscellaneous
These Terms and Conditions and any rights and licenses granted herein may not be transferred or assigned by the Customers, but may be assigned by iN2, LLC, without restrictions, as permitted by United States law. Unauthorized transfer attempts will be considered null and void.
In the unlikely event that a dispute between iN2 and Customers cannot be privately resolved, the Parties agree that any claim, dispute, or controversy (except for injunctive relief or equitable relief sought by iN2) will be submitted to arbitration administered by the American Arbitration Association (AAA) in accordance with its commercial rules in effect, or another equivalent entity permitted under United States law.
The arbitration award may include costs, reasonable attorneys' fees, and specialized expenses. Nothing in this clause shall be construed as preventing iN2 from seeking injunctive relief urgently before competent courts in the US to protect its rights, property, systems, or confidential information.
ALL CLAIMS MUST BE PRESENTED INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THE CUSTOMER AND iN2 EXPRESSLY WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTIONS OR JURY TRIALS, TO THE EXTENT PERMITTED BY STATE AND FEDERAL LAW IN THE US.
These Terms, together with any addendums or updates, constitute the entire agreement between the Customer and iN2. If any provision is deemed invalid by a competent court in the US, the remaining provisions shall remain in full force and effect.
The failure to exercise any right by iN2 does not constitute a waiver. Notices may be sent by email, physical correspondence, or posted on the iN2 Site.
For questions regarding these Terms, the Customer may contact iN2 via the website iN2.com.br
22. Abuse
Full or partial non-compliance with this adhesion contract can be reported using the following company details:
Email: abuse@in2.com.br
Once an email is received, an automatic confirmation message is returned.
If the confirmation email is not in your inbox, please check your spam folder.
Important: for your report to be analyzed, the email sent must necessarily contain:
• The article of the Adhesion Term allegedly violated;
• An objective description of the incident;
• Whenever possible, evidence (e.g., screenshots, email headers, access records, logs, etc.);
• Approximate date and time information of the incident.
Generic, incomplete emails, or those without reference to the article of the Adhesion Term will not be analyzed or receive a response.
The SLA for this channel is up to 7 business days for cases that meet the above criteria.
Brazil
IN2, LTDA
700, Av. Carlos Gomes
RS, Porto Alegre
90480-000
United States
IN2, LLC
7345 W Sand Lake RD,
STE 210 Office 4761
Orlando, FL 32819 US