Qulture.Rocks Terms of Use

Qulture.Rocks – Terms of UseWelcome to Qulture.Rocks! In these Terms of Use hereby presented, we fully describe the terms and conditions that apply to you, the User, when accessing and using the Qulture.Rocks Platform and Digital Services from a Customer’s account.

Qulture.Rocks (QULTURE INFORMÁTICA LTDA., CNPJ/ME No. 20.893.135/0001-30) is a company that offers its customers technology solutions for performance management and other related activities, through the Platform. The Customer, in turn, is the corporate customer of Qulture.Rocks, which, due to the nature of the relationship with you, grants you access to the Qulture.Rocks Digital Services as a User.

The contracting of the Platform and Digital Services, in general, is governed by the contract between Qulture.Rocks and the Customer. However, the use of the Platform and Digital Services by Users must comply with certain terms, conditions, and restrictions. Therefore, we ask that you carefully read and use the Platform and Digital Services in strict compliance with the Terms of Use hereby described. We also recommend that you read our Privacy Policy (https://qulture.rocks/en/privacy-policy).

Version 2.0 in effect as of January 11th, 2021.

‍1 – Definitions. For your better understanding, the following definitions apply to these Terms of Use:

‍Customer: the corporate client who hired the Qulture.Rocks Platform and Digital Services, and who provides access to such resources to its Users.

‍Content: any and all text, graphics, images, music, audio, video, information or other material available on the Platform, regardless of whether it is User Content, Customer Content or Qulture.Rocks Content.

‍Customer Content: any and all content that a Customer (or any representative or employee acting on its behalf) posts, transfers, publishes, presents or transmits to be made available through the Platform, including, but not limited to, activities, feedbacks, comments and statements throughout the relationship with Users, on the Platform or outside it.

‍Qulture.Rocks Content: any and all content that Qulture.Rocks makes available through the Platform, including any licensed content from third parties, but excluding Customer and User Content.

‍User Content: any and all content that a User posts, transfers, publishes, presents or transmits to be made available through the Platform.

‍Platform: is the digital platform of Qulture.Rocks, through which Qulture.Rocks provides Digital Services to the Customer.

‍Digital Services: cloud services made available by Qulture.Rocks to the Customer through the Platform, for performance management and other activities related to its Users.

‍User: any representative, employee or subcontractor registered by the Customer on the Platform and authorized by the Customer to use the Digital Services for the Customer’s business purposes.

‍2 – Digital Platform and Services. As hired by the Customer, Qulture.Rocks will provide the User, through the Platform, with Digital Services. For more information about each Digital Service, we recommend reading the resources available on the official Qulture.Rocks website: https://qulture.rocks/en.

Currently, the Platform provides the following Digital Services to Users, subject to restrictions in these Terms of Use and according to permissions defined between Qulture.Rocks and the Customer:

‍a – Performance Review: allows the User to create 90, 180 or 360 degrees competency and goal reviews, which may be parametrized according to the Customer.
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‍b – Box: allows the User to view employees in charts with positions calculated based on the results of the Performance Evaluation and to perform position changes.  
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‍c – Instant Feedback: allows Users to send feedback to any other User enabled by the Customer.
   
‍d – Praise: allows Users to send praises to any other User enabled by the Customer.
 
‍e – Individual Development Plan (PDI): allows Users to register career plans.  

f – Goals and OKRs  Management: allows goals/OKRs alignment between leader Users and their reports.      

‍g – Meetings (1 on 1): allows individual meetings between leaders and their reports.  

‍h – Company Management: allows the User indicated and authorized by the Customer to manage the profiles of other Users and also to manage configurations of the Customer.    

‍i – Surveys: allows Users to create and answer surveys in the company.    

‍j – Leadership: allows Users to send feelings and priorities of the week periodically to their leaders and that they can help their followers to develop in their careers.    

The Digital Services described above may have other nomenclatures, depending on the configurations and parameterizations performed by the Customer in each Digital Service.

The Digital Services will be made available to Users according to the contract between Qulture.Rocks and the Customer. In this way, a User may have access to Digital Services different from another. Qulture.Rocks has no interference with the choice of Digital Services that will be released to each User.

To request support services for the Platform, the User must contact the specialized team by email help@qulturerocks.com or by the chat available on the Platform’s web version. Unless otherwise agreed in the contract with the Customer, the time for response from support services by the Qulture.Rocks team is up to 2 (two) hours for chat and up to 24 (twenty-four) hours for email. The service works on working days in the calendar of the city of São Paulo, Brazil, from 9am to 6pm Brasília time.

‍3 – Registration on the Platform. The Qulture.Rocks Platform and Digital Services are available to individuals who are representatives, employees or subcontractors previously accredited by the Customer. Persons who do not have this capacity, including those under 14 years of age or persons who have been temporarily or permanently disabled from the Platform, cannot be registered on the Platform.

The Customer will register its Users, directly on the Platform or with the help of Qulture.Rocks. For the sake of clarity, no User is able to self register directly on the Platform. Therefore, after completing the User registration by the Customer, the User must access the Platform. On this occasion, the User must confirm that they have read and understood these Terms of Use and the Privacy Policy. After acceptance, the User will be able to use the Platform and the Digital Services contracted by the Customer while having an active account.

Qulture.Rocks takes all measures at its disposal to protect the User’s data and privacy, in compliance with the legislation in force and as described in the Privacy Policy: https://qulture.rocks/en/privacy-policy.

It is the sole responsibility of Customers and Users to provide, update and guarantee the veracity of the data provided in the registration and, in general, during the use of the Platform, Qulture.Rocks does not have any type of civil and criminal liability resulting from untrue data, incorrect or incomplete information provided by Customers about Users.

The Qulture.Rocks reserves the right to unilaterally exclude the registration d and User when found that their conduct violates these Terms of Use. Qulture.Rocks can also perform the deletion Customer upon formal request of the User registration and profile.

‍4 – User access and use of the Platform. The User can access his account through:

a – login (which can be e-mail or CPF (Brazil’s Taxpayer Registry Number), depending on the settings defined by the Customer) and password; or  

b – Single Sign On (SSO), if enabled in the Customer’s settings.In case of access via login and password, the User undertakes not to disclose this data to third parties, being fully responsible for the use made of them.

In cases of SSO access, authentication will be under the responsibility of the supplier chosen by the Customer (for example, Slack, Gmail or some user manager based on the SAML protocol, such as Microsoft’s Active Directory ).

In addition to the forms for authentication described above, the Customer may purchase the double factor authentication (2FA) functionality. In such cases, the User must validate their login on the Platform with two authentication factors, including a verification code together with the first authentication factor (login and password or SSO), ensuring greater security of their data and information in Qulture.Rocks. For further information we recommend reading: http://bit.ly/qr-seg.

The User undertakes to notify Qulture.Rocks immediately, via the contact channels maintained by Qulture.Rocks on the Platform, regarding any unauthorized access or use that he has verified in his account. The User will be solely responsible for the operations carried out on his account, since access will only be possible using a password of his exclusive knowledge.

‍5 – Restricted uses. Users’ access to and use of the Platform and Digital Services is subject to the following restrictions (without prejudice to others provided for in these Terms of Use):

a – not to sell, resell, license, sublicense, rent, distribute or otherwise make the Digital Services available to any third parties, including, without limitation, outsourcing or service bureau ;  

b – not using the Digital Service for purposes other than the Customer’s internal business purposes;  

c – not using the Digital Service for illicit, offensive, abusive, obscene purposes, including, without limitation, (i) offense to honor, image, reputation and dignity; (ii) broadcasting pornography and other forms of sexual satisfaction; (iii) acts of racism or discrimination of any kind; (iv) bullying , stalking or any other type of illegal constraint or harassment; and (v) instigation or apology for the practice of crimes, such as drug trafficking or use, rape, homicide, fraud, among others.

d – not violating the rights of third parties, including, without limitation, intellectual property rights (copyrights, trademarks, patents, software, etc.), privacy and protection of personal data;  e – not accessing another User’s account for any purpose, including, without limitation, to assume the identity of another person;  

f – not sharing your access data with any third parties, including other Users;    

g – not providing information about the Digital Services to competitors or potential competitors of Qulture.Rocks, including, without limitation, information available on the Platform, screenshots etc.

h – not to upload, store, process or transmit, through the Platform and the Digital Services, codes, files, scripts or programs that are malicious or that could compromise the security and integrity of the Qulture.Rocks Platform or cause damage to Qulture. Rocks, the Customer, other Users or third parties;  

i – not attempting to obtain unauthorized access to programs, hardware, systems, networks and source code relating to the Platform or Digital Services; and    

j – not modify, copy, create derivative works or reverse engineer (or allow any third party to reverse engineer), as applicable, Qulture.Rocks software, hardware, know-how, Documentation and other intellectual property, including, without limitation, to develop a similar product or service or to allow a competitor of Qulture.Rocks to have access to such information.

‍6 – Responsibility for the use of the Platform and Digital Services. The Platform is a medium tool and only Users and the Customer are responsible for the data and information entered on the Platform, including, without limitation, Customer Content and User Content, comments or publications, goals/OKRs, feedback, thoughts and any other opinion expressed by Customers and Users, nor by the results resulting from the insertion and analysis of this data and information.

The use of devices, software or other resources that may interfere with Platform activities and operations, as well as in advertisements, descriptions, accounts or their databases, is prohibited. Any interference, attempt, or activity that violates or contravenes the intellectual property rights laws and the prohibitions stipulated in these Terms of Use will subject the responsible User to the relevant legal actions.

Furthermore, the User undertakes to keep the updated version of the browser and mobile application, to minimize errors and possible security flaws, as well as to guarantee the best performance of the Platform.

‍7 – Protection of personal data. Qulture.Rocks processes the personal data of the Users due to the contract it has with the Customer, and according to its instructions, having the purpose of making the use of the Platform and Digital Services by the Customer and its Users viable. In this sense, Qulture.Rocks acts as operator of Users’ personal data, and the Customer acts as controller of this data. The terms “personal data”, “treatment”, “controller” and “operator”, among others, have the meaning attributed by the Lei Geral de Proteção de Dados (General Law for the Protection of Personal Data – Brazilian Law No. 13.709 / 2018).

‍Customers will be able to customize the data that will be inserted by Users on the Platform. Qulture.Rocks have no interference with the reason for the collection or the effective use of this data. The Customer is fully responsible for the use of this data, exempting Qulture.Rocks from any liability resulting from misuse or illicit or inappropriate treatment of such data by the Customer.In any case, in the interests of transparency, we provide Users with more information on the treatment of Users’ personal data through the Platform and Digital Services through our Privacy Policy, which can be accessed at the link: https://qulture.rocks/en/privacy-policy.

All information or personal data provided by the User of Qulture.Rocks are stored on high security servers or magnetic means. All information uploaded by Users on the Qulture.Rocks Platform is protected by specialized companies. Qulture.Rocks will take all possible measures to maintain the confidentiality and security of the Platform Content, but will not be liable for damages that may be derived from the breach of these measures by third parties using undue, fraudulent or illegal means to access the information stored on the servers or databases used by Qulture.Rocks.

Qulture.Rocks ensures that not even its employees have free access to the Users’ database and personal information, feedback, performance evaluations, comments and other information entered by Users on the Platforms, with access limited to only those whose role requires the contact with Users’ personal data and information. These professionals are duly authorized and trained by Qulture.Rocks, maintaining the commitment to confidentiality and preservation of privacy, under the terms of the Privacy Policy, available at the link: https://qulture.rocks/en/privacy-policy.

In order to request the deletion of the personal data collected and registered by Qulture.Rocks, the User must contact the Customer directly, who is the controller and can make decisions about the personal data. If you address exclusion requests or any other requests related to personal data, we will forward that request to the Customer.

‍8 – Modifications to the Terms of Use. Qulture.Rocks may update the Terms of Use at any time, according to the purpose or need, such as for the adequacy and legal compliance of a provision of law or rule that has equivalent legal force, the current version being always the most recent. In such cases, the User will be notified by email or at the next login on the Platform. The new Terms of Use will take effect as of their publication by Qulture.Rocks.

‍9 – Deactivation of the User account. The registration and profile of a User may be deactivated at any time by the customer, for example, if the User ceases to be a representative, officer, employee or customer subcontractor, in which case, your access will be blocked, respecting the provisions in the Qulture.Rocks Privacy Policy. Qulture.Rocks has no interference in relation to the User accounts created and maintained by the Customer, the Customer Content and User Content and, in general, the data that the Customer chooses to include and maintain on the Platform, including due to the contract you have with the Customer. In this way, the responsibility for the deactivation, looting and other actions related to the User’s account rests with the Customer, who manages Users on the Platform. Therefore, if the User wants to access his data after deactivating the account, the User must contact the Customer to make such a request.

‍10 – Responsibility of Qulture.Rocks. Qulture.Rocks is not responsible for:

a – technical and/or operational defects or defects arising from the Customer’s system or from third parties;      

b – the commitments assumed by Customers through the Platform or Digital Services, whether promotions, dismissals, bonuses, remuneration, increases, goals, objectives, work and the like;      

c – the effective fulfillment of obligations assumed by Customers before Users, or by any of these parties before third parties, with the User and the Customer recognizing Qulture.Rocks as a mere supplier of performance management tools;      

d – to reimburse its Users for any expenses with telephone calls, data packages, SMS, messages, e-mails, correspondence or any other amount spent by the User due to contact with Qulture.Rocks, for whatever reason;      

e – damages or loss of profits that the User may suffer due to actions or omissions carried out through the Platform and resulting from the conduct of other Users or the Customer;      

f – any damage, loss or loss suffered by the User due to failures in his connection to the internet, with his provider, in the system, with the SMS system, with the telephone line or on the server used by the User, arising conduct of third parties, act of God or force majeure;        

g – the compatibility between its Platform and hardware owned by the User. The User must keep his equipment up to date and cannot hold Qulture.Rocks responsible if the Platform is not accessible on outdated equipment;      

h – for the compatibility between its Platform and the browsers that the User uses, and Qulture.Rocks will only support Google Chrome, Firefox and Edge browsers always updated in their latest version (Qulture.Rocks will no longer support Internet Explorer as of November 30, 2020); and      

i – for any virus, trojan , malware, spyware or any software that may damage, alter the settings or infiltrate the User’s equipment as a result of accessing, using or browsing the internet, or as a result of the transfer of data, information, files, images, text or audio.    

j – the compatibility between your Platform in the mobile version and the requirements of the devices. For the mobile app to work correctly, the device must have at least 150 Mb of free storage, with Android version at least Android 5.0 (API 21) and, for iOS, at least IOS 11.    

‍11 – Intellectual Property of Qulture.Rocks. The commercial use of the expression “Qulture.Rocks” or “Qulture” as a brand, business name or domain name, as well as logos, brands, insignias, content of the screens related to the Platform services and the set of programs, databases, networks and files that allow the User to access and use their account, are property of Qulture.Rocks and are protected by international laws and treaties on copyright, trademarks, patents, models and industrial designs. The use and total or partial reproduction of said contents are prohibited, except with express authorization from Qulture.Rocks.

‍12 – Feedback. The User may be asked, from time to time , to promote suggestions, ideas, recommendations, corrections and other feedback (“Feedback”) in relation to the Digital Services offered by Qulture.Rocks. Such contact is made only so that Qulture.Rocks can improve the Platform and Digital Services, and can be done through the registered email or in the Platform itself (in-app).  The User is not obliged to provide Feedback on Digital Services, but if he does, he agrees that in the case of providing Feedback, Qulture.Rocks is authorized to reproduce, develop, use, create works derived from, publicly perform, display, transmit, distribute, license, sell, offer to sell or discard this feedback without payment of any remuneration or any other obligation of any kind to the User.

‍13 – Applicable Legislation and Venue. These Terms of Use are governed by the laws in force in the Federative Republic of Brazil. For all matters relating to interpretation, compliance or any other question relating to these Terms, the parties agree to submit to the District Court of the Capital of the State of São Paulo.