1. PRELIMINARY CONSIDERATIONS
1.1 PULSUS is a software developed by MDM Solutions Ltd. for the control and monitoring of Intelligent Mobile Devices operating in the concept of cloud computing and software as a service.
2. ACTIVATION OF THE SOFTWARE USAGE LICENSE
2.1 By agreeing to the conditions of this agreement, the user activates the software usage license for access through the internet via the CONTRACTOR’s portal, as well as the applications downloaded to the mobile devices to be managed by the software.
2.2 The software usage license and documentation are accessed through credentials, login, and password created during registration on the Software portal.
2.3. The access credential is personal and non-transferable, and the credentialed user is solely responsible for the operations performed in the system using their login and password. The user must take care to safeguard this information to prevent the violation of their data and information.
2.4 If it is necessary to include new users, it is possible to authorize and register new credentials. However, the first credentialed user remains responsible for all operations and the use of new users.
2.5 By clicking the “I Accept” button during the license contracting stage, the user declares that they are authorized for this purpose, identifying themselves as a representative of the CONTRACTING company, and fully agreeing with the terms and conditions of this Terms of Use.
3. IMPLEMENTATION AND USE
3.1 The credentialed user is responsible for the implementation, which corresponds to the set of activities such as planning, preparation, entering inherent information necessary for the parameterization and configuration of the software.
3.2 The user company is responsible for the acquisition and provision of the mobile devices to be managed by the software.
3.3 MDM Soluções Ltda will maintain a daily backup of user and device data.
3.4 MDM Soluções is not responsible for any incidents caused by misuse of the tool, communication failures, or any other occurrence that may affect the use of mobile devices.
3.5 At any time, it is possible to cancel the credentials for using the Service and proceed with the cancellation during the trial period.
4. PRIVACY POLICY
4.1 Both parties must maintain confidentiality regarding information related to the license, software usage, technical characteristics, and user registration data.
4.2 The developer may include the user company’s logo in its informational and promotional materials, indicating that it is a “user” of the products covered by this Terms of Use. Such inclusion does not violate the confidentiality obligations unless there is an explicit objection to this disclosure.
4.3 The registered user is responsible for safeguarding all rights of MDM Solutions regarding the SOFTWARE licensed for use, taking full responsibility for its use to prevent copying, distribution, reverse engineering, or any other action that violates the integrity or rights of the developer over the software.
5. INTELLECTUAL PROPERTY
5.1 MDM Soluções Ltda is the sole owner of all rights, titles, and interests, including those related to Intellectual Property Rights, to the services and all suggestions, ideas, improvement requests, comments, recommendations, or other information provided by the User or any other party related to the Service.
5.2. This Terms of Use is not a purchase and sale contract and, therefore, does not confer any ownership rights related to the software and services provided by MDM Soluções Ltda, nor access to source codes of the contracted software and applications.
5.3 The names and logos of MDM Soluções Ltda and its products are proprietary trademarks, and no right or license is granted for their use without prior authorization.
6. JURISDICTION
6.1 To settle disputes arising from or related to this agreement, the parties choose the Central Forum of the Judicial District of São Paulo-SP, with express waiver of any other, no matter how privileged it may be.
