Terms and Conditions of Use
OKADEV SOLUÇÕES TECNOLÓGICAS is a private legal entity, registered under Brazilian company number (CNPJ) 23.343.176/0001-41, duly incorporated in Brazil.
Reading, understanding and fully agreeing to the Terms and Conditions of Use of the Site are ESSENTIAL. If you do not agree with these Terms and Conditions, the User must immediately stop using it, as well as all sites associated with or linked to Kontro. Only people aged 18 or over may register and enjoy the benefits of the platform. By accepting these Terms and Conditions and using the services Kontro makes available through its platforms, the User is automatically and legally bound by the rules set out in them. Furthermore, it is clear that this instrument constitutes a document with full legal validity and effect, and may be used as evidence in cases of conflict regarding the information set out here. By using Kontro, the User confirms that they have read and understood the applicable Terms and Policies and agrees to be bound by the platform. If you have any questions, contact us at oi@kontro.com.br.
Our purpose
Kontro's purpose is to create a connection between Sellers and potential buyers, through a straightforward and secure online catalog platform.
About these terms of use
These Terms of Use set out all the information regarding:
- How the platform works and the rules that apply to it;
- The legal structure relating to the platform;
- The User's responsibilities;
- The responsibilities of OKADEV SOLUÇÕES TECNOLÓGICAS, a private legal entity registered under CNPJ 23.343.176/0001-41, headquartered in the city of São Paulo, State of São Paulo, at Avenida Conselheiro Carrão, 3502, room 12, postal code 03402-003, in providing Kontro;
- Contact information for resolving questions or updating personal information, as well as the competent jurisdiction for any complaints should any point of these Terms of Use be breached.
About the platform
The platform consists of two parts: a mobile app, the "Kontro App", and a website, the "Online Catalog". The app is available for Android or iOS phones and can be downloaded free of charge from the Google Play Store or Apple's App Store. This platform is intended for "Sellers", who can catalog products, record sales, issue receipts, check inventory, manage finances and use other features. Through this app, Sellers may, if they wish, set up the Online Catalog, a site published on the internet with its own address (URL) that can be accessed by anyone with internet access. That site is aimed at "customers", who can place orders and make payments online, which are then directed to the seller's account in the Kontro app.
In these Terms of Use we use the following definitions:
• Sellers: Users who seek to promote and sell products.
• Customers: Buyers and potential Buyers who make direct contact with Sellers, through the platform, in order to complete a transaction.
• Users: Sellers or Customers who use the Kontro platform, or any other person who uses the platform's features.
• Kontro App: mobile application aimed at sellers.
• Online Catalog: website where customers can place orders.
IMPORTANT: Any purchase, sale or contracting of services and/or products takes place without the direct participation of KONTRO. If there is any problem with your transaction, or if you believe any repair or compensation is necessary, it must be claimed directly from the Seller with whom the transaction was made. The liability of OKADEV SOLUÇÕES TECNOLÓGICAS and/or Kontro is limited solely and exclusively to providing the space and tools for the parties to complete the transaction.
Changes to these terms of use
These Terms of Use may be revised at any time, and any changes made by Kontro take effect at the moment of the change; Users of the platform will be duly informed of the update by email. If there is no statement to the contrary, we will assume that you have agreed to the changes made. It is therefore important that you review these Terms periodically, preferably every time you access the platform, and keep an eye on the emails Kontro sends.
Prohibited uses
Under no circumstances may Users sell, make available or transmit to third parties through our platform any type of product, material, service or information whose sale is prohibited by the legislation in force or that is inconsistent with these Terms and with Kontro's policies.
It is therefore strictly prohibited to advertise or sell on the platform products derived from illicit sources, that do not safeguard the safety of Users, that have the potential to cause harm or violate the rights of third parties, that derive from any type of crime, that may be used to carry out illegal activity, or others that we may consider inconsistent with our policy. At the end of this document we provide a detailed list of products and services prohibited on Kontro, but remember: this list is not exhaustive — there may be items that are not permitted and are not included in it, and we may still refuse to allow them to be sold or advertised.
About your account
First step
You do not need to register in order to browse the Kontro site; however, to use the Kontro App the seller must provide a name, mobile number and set a login password. It is also possible to sign in with Google or Apple accounts or a mobile number, for sellers using Android and iOS. Additional information such as phone, address and store name may be requested when registering in the app.
To use the Online Catalog, customers must provide name, email and mobile number, with authorization granted at the time of registration on Kontro. Users may also be asked for a phone number and address.
To publish the Online Catalog, sellers must provide further information, such as name or company name. Extra information may be requested to validate the seller's identity. When registering, whether via Facebook or directly on the platform, you take responsibility for the accuracy and truthfulness of the information provided, which may be verified by Kontro at any time.
You also take responsibility for keeping this information up to date. You will then have access to the platform through a login and password. To protect your account, your password must be kept confidential and must not be shared. Activities carried out on Kontro using your account are always your responsibility.
Verification of registration information
Kontro may use all valid and possible means to identify its users, and may request additional data and documents to check the personal data provided, as well as temporarily or permanently disable registrations that contain any untrue information or that cannot be confirmed.
In the case of untrue or unconfirmed information, you will receive a notice to correct the information in good time. If it is not corrected, Kontro reserves the right not to complete the registration in progress, or to block an existing registration. This review by Kontro does not entail any commitment, warranty, obligation or liability regarding the truthfulness of the information and content entered by users.
Account information
The information provided by Sellers at registration is used so that potential Buyers can contact them. The information provided by Customers when making a purchase is shared with the seller in order to complete the transaction.
The data provided by Users may also be used by Kontro to send promotions, notices, notifications and news by email, telephone, mobile and/or WhatsApp. Always keep your email address up to date.
Use of the account by third parties
Registrations on the platform are individual and non-transferable. Accordingly, you:
• May not share your login and password with third parties;
• Must take care with your identification data;
• Must be diligent in using the content made available on Kontro;
• Must strictly follow all the provisions of these Terms of Use. If you notice that someone unauthorized is using your account, or that any security breach has occurred, you must inform Kontro immediately. Kontro is not responsible for any losses or damages arising from the use of a login and password by a third party, with or without the user's consent, where this was not made possible by failures in the site's systems.
Account suspension and deletion
If you fail to comply with any of the conditions of these Terms, Kontro may close your accounts and suspend or cancel your access to the platform, without prior notice. Use your account responsibly and remember to keep track of updates to these Terms of Use.
Automatic subscription renewal
By purchasing one of our subscription plans, whether monthly or annual, you agree to the automatic renewal of your subscription. This means that, at the end of each billing cycle (month or year, as applicable), your subscription will be automatically renewed and the corresponding payment will be charged using the payment method registered in your account.
I) Changing or cancelling the subscription: you may change or cancel your subscription at any time through your control panel on our platform. To avoid being charged for the next cycle, the cancellation or plan change must be made before the renewal date.
II) Refunds: subscription renewals are generally non-refundable, except in specific circumstances of error or fraud. We encourage users to cancel automatic renewal if they do not wish to continue the subscription.
III) Updating payment details: it is your responsibility to keep your payment details up to date. If payment is not processed due to outdated information or insufficient funds, your subscription may be suspended or cancelled until payment is regularized.
Users' obligations
Kontro is a platform aimed at people with full legal capacity. Minors may not use the platform. When accessing the platform, the individual must give their consent by accepting the "consent statement" presented at registration confirmation.
The user is responsible for the accuracy and truthfulness of the data provided and agrees that any inconsistency may result in being prevented from using Kontro. In order to protect the rights of third parties, while using the platform Users undertake to provide only their own personal data, never that of third parties, and to keep their own data regularly updated.
The platform User is responsible for the consequences arising from omissions or errors in the personal information registered. The User is responsible for repairing any and all damages, direct or indirect (including those arising from the violation of any rights of other Users or third parties, including intellectual property, confidentiality and personality rights), caused to Kontro, to any other user, or to any third party, including as a result of failure to comply with these Terms of Use and Privacy Policy or of any act carried out from their access to the internet and to the site https://kontro.com.br/.
Access credentials such as login and password may only be used by the registered User, who undertakes to keep the password confidential, as it is personal and non-transferable; under no circumstances may misuse be claimed if the password was shared at any point.
Kontro may not be held liable in the following cases:
• Equipment infected or compromised by attackers;
• Equipment damaged at the time services are used;
• Protection of the computer;
• Protection of information stored on Users' computers;
• Misuse of Users' computers;
• Covert monitoring of Users' computers;
• Vulnerabilities or instabilities in Users' systems;
• An insecure perimeter.
Under no circumstances will Kontro be responsible for the installation, on the user's equipment or that of third parties, of malicious code (viruses, trojans, malware, worms, bots, backdoors, spyware, rootkits, or any others that may be created) as a result of the user's browsing on the internet.
Publication of products by the seller
Kontro requires the user to act with complete honesty when filling in the characteristics of the products advertised, which should be as complete as possible. This information must always be up to date.
In the catalog the seller may include images and photographs of the product offered, which must correspond exactly to the product advertised, with the exception of services and intangible goods. You are responsible for the images used and the information provided, including for any violation of third-party rights.
Kontro may, at any time, adapt and/or remove images, photographs and videos included in your listings if they do not comply with the rules of these Terms of Use, in particular images and other visual materials representing the prohibited products and services listed at the end of this document. You may share information about your business and products with Facebook and Instagram to enable features related to sales and product display. The information shared is the same as that contained in the "Online Catalog" and is sent to Facebook only with your authorization, based on a setting you configure. You may change your settings at any time. As this is an integration with third-party platforms, carried out with your free, informed and unequivocal consent, Kontro is not responsible for its full or partial operation.
B. Responsibility
You are solely responsible for the listing, the information published, the characteristics and conditions of the product or service advertised, your conduct as a user, the delivery of the products and services, and the applicable tax and labor obligations.
C. Plans and fees
You may download and browse the platform free of charge. However, if you wish, you may subscribe to the "PRO plan", whose features are detailed in the APP, through monthly payments. The "PRO" option is charged through a monthly or annual subscription, via partner payment companies.
Kontro seeks to act in line with its users' expectations. We therefore avoid raising the fees of our services for existing users, but we cannot commit to always doing so. Accordingly, with regard to the paid model, Kontro may modify, increase or remove current fees, as well as the pricing format, at any time. Should this occur, you will be notified 30 days in advance and, if you do not express disagreement within that period, the changes will be deemed accepted. Kontro may also charge a fee on online payment transactions carried out on the platform between buyer and seller.
D. Deactivating the catalog
The User may deactivate or cancel their registration at any time by contacting Kontro. In addition, if there is no activity on the platform for 180 days, Kontro reserves the right to remove the account and any catalog from its systems.
E. Making the sale
Payments may be made without any intermediation by Kontro, directly with the seller. Sellers may also use payment methods outside the platform.
Availability of the platform
Kontro does not guarantee the availability, access or continuity of operation of the platform or of its features, current or future, and is not responsible for any damage or loss caused to the User in the event of unavailability.
Limitation of liability
Kontro is liable solely and exclusively for providing virtual space to host and display catalogs and products through the online store, as well as for the Users' product management system on the platform.
Kontro points out that it does not own the products advertised, does not hold possession of any of the items, does not make the sales offers and does not interfere in the delivery of the products. Consequently, it is not responsible for the condition of the products offered or purchased, nor for the truthfulness of the personal data entered by users in their registrations.
Kontro will not be liable for any losses or damages suffered resulting from: (i) any incorrect or incomplete information provided by the User; (ii) any fraud, fraudulent statement or breach of duty, or breach of any of the conditions by the User; (iii) connection failures; (iv) data processing problems caused by third parties; (v) poor service provision by the User or misleading advertising in their listing; and (vi) any listing containing offensive or improper material or material that violates the legislation in force.
If Kontro is harmed by claims brought against it as a result of conduct by users or third parties on its platform that is contrary to the law or to these Terms of Use, it will exercise its right of recourse, claiming the compensation due.
Intellectual property
Operating as a sales platform, Kontro is not responsible for infringements of intellectual property rights, image rights or honor arising from content posted by Sellers; even so, KONTRO respects the intellectual property of third parties. If you believe your work has been copied in any way that constitutes copyright infringement, report it at oi@kontro.com.br. Kontro undertakes to remove any listings that violate intellectual property rights.
In addition, the commercial use of the expression Kontro as a trademark, business name or domain name, the logo, as well as the content of the screens relating to the platform, its programs, website, databases, networks and files that allow the User to access and use their account, are the exclusive property of Okadev Soluções Tecnológicas and are protected by intellectual property law.
It is not permitted to reproduce, duplicate, copy, sell, resell, visit or otherwise commercially exploit the content of the Platform without Kontro's prior written consent.
Changes to the platform
The Kontro platform is constantly being improved. As such, the service provided by the platform may be changed, suspended and/or discontinued without prior notice.
Prohibited products and services
Before creating a listing, the User must check the following list of products prohibited on the Kontro platform:
- Any type of illegal service or product, or one deriving from a crime;
• Drugs or any other type of narcotic substance not permitted by the legislation in force, as well as equipment and objects intended for the consumption or manufacture of any type of drug;
• Cigarettes, cigars or tobacco, tobacco and nicotine essences, and electronic cigarettes.
- Firearms of any caliber, including replicas, silencers, air guns, bullets and ammunition, accessories and/or parts for any type of weapon;
• Courses teaching how to modify firearms, and tools or services that make it possible to modify weapons;
• Grenades, explosives, missiles, fireworks, gunpowder, destructive devices, products for assembling explosives;
• Dangerous chemical substances and/or substances controlled by the Army or the Police;
• Products without approval, authorization and registration by the relevant government bodies, such as ANVISA, INMETRO, ANATEL, MAPA or ANS;
- Medicines in general or other products with therapeutic claims, hearing aids, oxygen cylinders, prostheses and implants and medical equipment, except household appliances;
• Human beings, human organs, skeletons and bones, corpses, bodily fluids, surrogacy;
• Substances containing anabolic steroids and/or steroids, products with botulinum substances;
• Products outside of commerce, such as stolen property, products distributed by the government under social programs whose sale is prohibited, products whose sale is exclusive to the State or authorized entities, expired products, products on loan;
• Perishable and non-perishable food, beverages and food inputs that are unfit for their intended consumption or that fail to comply with any applicable regulation, including the need for registration or approval by the competent bodies;
• Personal databases and email lists, personal or company records, software for sending mass messages;
• Identity documents, tax IDs, driver's licenses, passports, diplomas and others, corporate documentation, as well as financial records or other personal information, and instruments that allow the illegal manufacture of official documents;
• Services producing academic work such as theses, dissertations and coursework;
• Products that represent or promote harassment, hatred, violence or intimidation towards individuals or groups of any kind, based on prejudice of any sort, such as race, color, ethnicity, national origin or religion, gender, sexual orientation, social and economic condition, intellectual condition, etc. Listings for prank products or products that lead the buyer to make mistakes, whether or not they may be classified as criminal conduct;
• Prostitution services and/or similar;
• Material containing child sexual abuse, or any material that refers to or involves minors and child pornography;
• Products that infringe legislation protecting artistic goods or goods of historical, archaeological, prehistoric or numismatic interest, libraries, document collections, etc. Replicas or counterfeit or pirated items, or any other product that violates laws on copyright, patents, trademarks, models, industrial designs or trade secrets;
• Financial products and services, including shares, securities, consortium quotas whether awarded or not, financing, bank accounts, credit and debit cards, products for card transactions, used card readers, insurance, cryptocurrencies, and currency and notes in circulation. Endangered or at-risk animals, wild animals or animals whose hunting/sale is prohibited by law or for any other reason, animal organs, limbs or skin;
• Betting, bingo and any games of chance;
• Decoders, receivers, services or antennas used for illicit purposes, such as unlockers for paid channels; Tickets, tours, air miles, discount coupons and similar items;
• Content relating to romantic relationships, meetups and dating.
This is a translation of Kontro's Terms of Use, originally written in Portuguese. In the event of any conflict of interpretation, the Portuguese version available at kontro.com.br/termos-de-uso prevails.
