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Terms and Conditions of Use to Gupy Corporate Education

Welcome to Gupy Corporate Education!

 

These Terms and Conditions of Use ("Terms") apply to Client Companies as users of the platform and services offered by GUPY TECNOLOGIA EM RECRUTAMENTO LTDA. and EDUCATION FOR ALL ("Niduu"), managers of Gupy Corporate Education.

Overview

These terms define rules that must be followed when using Gupy Corporate Education and can be consulted at any time by the User through Gupy Corporate Education.

It's important to know that the Privacy Notice for Gupy Corporate Education is an integral part of these Terms.

The acknowledgment and acceptance of these Terms are absolutely essential for the use of Gupy Corporate Education and the services offered by Gupy. Therefore, for the correct use of Gupy Corporate Education, you must read, ensure you have understood, and accept all the conditions established in these Terms.

Definitions

Content: Any information entered by Users in Gupy Corporate Education;

Client Company: a company that contracts the services offered by Gupy and Niduu, especially the services related to Gupy Corporate Education;

Gupy: GUPY TECNOLOGIA EM RECRUTAMENTO LTDA, registered under CNPJ number 23.514.668/0001-52, headquartered at Avenida Paulista, 1079, Bela Vista, in the City of São Paulo, State of São Paulo, ZIP Code 01.311-200. Manager of Gupy Corporate Education;

Gupy Corporate Education: Gupy's Corporate Education Platform for training and development of employees, using gamification and microlearning to develop people and improve training completion rates, available in both app and web formats;

LGPD: General Data Protection Law - Law No. 13,709, of August 14, 2018;

Niduu: EDUCATION FOR ALL ("Niduu") registered under CNPJ number 27.493.985/0001-90, headquartered at Avenida Paulista, 1079, Bela Vista, in the City of São Paulo, State of São Paulo, ZIP Code 01.311-200. Manager of Gupy Corporate Education;

Services: activities offered through Gupy Corporate Education available in web and app formats with gamification tools and microlearning methodology; Gupy Corporate Education Training Management Tool (Admin); Gupy Corporate Education Course Creation Functionality (Creator);

Terms: this document called "Terms and Conditions of Use" that establishes rules to be followed when using Gupy Corporate Education;

User: means (i) an employee of the client company who has access to use the features of Gupy Corporate Education; (ii) an employee of the client company with credentials for managing the Gupy Corporate Education platform. In summary, anyone who intends to use or uses the services of Gupy Corporate Education.

Application of these Terms

These Terms will apply to you as soon as you start using Gupy Corporate Education by creating a profile with a login and password or registering on Gupy Corporate Education and will only cease to apply if and when your relationship with Gupy and Niduu is terminated, especially in the following situations:

  • due to your departure from the Client Company;
  • due to the revocation of your access by the administrator User;
  • due to the termination of the contract between Gupy, Niduu, and the Client Company;

If your account is subsequently reactivated, these Terms will again apply to you in their current version. 

Services provided through Gupy Corporate Education 

Gupy and Niduu offer the following Services to Client Companies:

  • Training and Development Platform available in web and app formats;
  • Gamification tools and microlearning methodology;
  • Training Management Tool (Admin);
  • Gupy Corporate Education Course Creation Platform (Creator).

Access Conditions

Registration: Your pre-registration will be done by the administrator of Gupy Corporate Education appointed by your company or with support from Gupy through CPF or email. If you want to make any changes to your registration, access your profile screen or contact the administrator;

Access Account: For the use of Gupy Corporate Education, a User account will be provided, in which the User must complete the registration on Gupy Corporate Education by creating a profile with login and password;

Individual and non-transferable access: It is prohibited to provide your access data to third parties, and the User is fully responsible for their use. In case of unauthorized use of your account, you must inform us immediately, by email suporte-empresa@gupy.com.br, assuming all risks arising from any unauthorized access;

Account linked to the Client Company's management platform: If your user account is linked, via single sign-on, to the Client Company's management platform (SAML), Gupy and Niduu will not have access to your data and cannot modify them within Gupy Corporate Education. Any necessary changes, including password changes, must be made by contacting the administrator of Gupy Corporate Education at the Client Company and/or the IT Department of the Client Company;

Authenticity, Update, and Truthfulness of data: Any information provided by the User to access and use the Service must be true. The User is responsible for the truth, accuracy, and authenticity of the registered data, as well as for the safekeeping, confidentiality, and proper use of login and passwords, releasing Gupy and Niduu from any responsibility. It is solely the User's responsibility to keep any information provided through Gupy Corporate Education permanently updated to always reflect the User's real data.

General User Guidelines

All information, data, texts, programs, music, sounds, photographs, graphics, videos, advertisements, messages, and other materials that may be sent, inserted, or displayed by the User or the Client Company are the sole responsibility of the author of such content.

In order to provide Client Companies with information that assists in monitoring Training and Development indicators for better employee performance, Gupy Corporate Education allows reports to be extracted by the Client Company. Access to Client Company data is controlled by permissions set by the company itself, and it is entirely the responsibility of the company to responsibly use the extracted information, without any interference from Gupy or Niduu.

To enable Users to have easy access to Content, monitoring reports, training results, and the promotion of courses on Gupy Corporate Education, by accepting these Terms, the User authorizes the sending of push notifications on smartphones. It should be noted that authorization can be changed at any time in the application.

Certificates issued through Gupy Corporate Education will be obtained after completing all units of the selected course. Such certificates may contain personal data of Users for identification. Gupy Corporate Education is not responsible for the voluntary sharing of certificates on social networks, websites, and any other physical or digital means, whether done by the User or the Client Company.

The User must use Gupy Corporate Education only for lawful and authorized purposes. Gupy and Niduu have the right to take action, including the removal of Content, suspension or cancellation of registration, temporary or permanent, and other appropriate actions if the User uses Gupy Corporate Education in violation of these Terms and inappropriately, such as providing false information or harming its integrity. This also applies to actions that may create liabilities for Gupy and Niduu, including defamation of their brand, public image, or their Internet and other providers.

The User is prohibited from:

  • violating/attempting to violate the security of Gupy Corporate Education by attempting to investigate, copy, and test system vulnerabilities, network, security breach, or authentication measures without authorization;
  • forging TCP/IP headers or any part of header information in any email or postings in news groups;
  • aggregating, copying, or duplicating parts of Gupy Corporate Education (web and app formats);
  • adapting or providing a link to any Content of Gupy Corporate Education or information available in web or app formats, unless permitted by this Term or through a contract;
  • posting Content that promotes or endorses false/misleading information or illegal activities, as well as information that provides instructions for illegal or prohibited activities according to this Term;
  • accessing third-party data, servers, or accounts without authorization;
  • posting Content that contains pages with restricted access or passwords, as well as hidden pages or images;
  • using Gupy Corporate Education unlawfully for any illegal activity, including or submitting any defamatory, accusatory, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, angry, racist, discriminatory, and that may cause irritation, inconvenience, humiliation, anxiety, and be considered harassment. Links to pornographic, indecent, or explicit sexual content sites of any kind are also not allowed.

Violations of system and network security may result in civil and/or criminal proceedings: Gupy and Niduu will investigate incidents that may result in violations, including but not limited to those mentioned above, and may engage and cooperate with authorities and administrative and public safety agencies in the investigation and punishment of Users who engage in violations.

If false identity or fraud related to the nature of the User's activities on Gupy Corporate Education is identified, Gupy and Niduu may, at their discretion, notify and even terminate their relationship with the User, and may also constitute crimes under the Penal Code, subject to penalties.

Features

  • Management

Features related to people management, groups, and information synchronization, as well as functionalities related to account details.

  • Content

Features related to the creation, management, application, and training of employees, document upload by the manager, and conducting competitions.

  • Employee

Features related to employees' training, consumption of content from Gupy Corporate Education and inserted by the Client Company, access to quizzes, and employee profile information.

Support

The services of Gupy Corporate Education will be available, whenever possible, 24 (twenty-four) hours a day, 7 (seven) days a week, except in the event of force majeure, third-party fault, and technical and/or operational maintenance that may require temporary system shutdown or hinder access. For this reason, the User is aware that they cannot claim compensation or damages, regardless of the motivation.

Users can contact Gupy and Niduu Support through the support available in Gupy Corporate Education or by email at suporte-empresa@gupy.com.br. Contacts will also be responded to by email, from Monday to Friday, from 9 am to 6 pm, excluding holidays.

Gupy and Niduu responsability through Gupy Corporate Education

Gupy and Niduu are responsible for:

  • Providing the Client Company, through the provision of their Services, with a license to use Gupy Corporate Education and its functionalities, according to the contracted plan and formalized through a Contract.

Gupy and Niduu are NOT responsible for:

  • Links to other sites

Gupy Corporate Education may contain links to third-party sites, provided for your convenience and not as an endorsement by Gupy and Niduu of the content on these sites. Gupy and Niduu have no control and are not responsible for the content, privacy policies, or practices of third-party sites and will not comment on the content or accuracy of third-party materials. If you access the link, the User assumes full responsibility.

  • User's device issues

Issues occurring on the User's device, such as system failures, provider issues, internet connection problems, hacking attacks, viruses, interference, piracy, or other security breaches on their device that cause harm, losses, or damages. It is the User's responsibility to use means that ensure the security of their information.

  • Integration with other systems

Gupy and Niduu are not responsible for the integrations that the Client Company performs with its systems. Gupy and Niduu provide only a public API to allow the Client Company to connect Gupy Corporate Education with other systems.

Gupy and Niduu are not responsible for the internal sharing of the integration token in the Client Company and any data leaks resulting from the improper use of the API by the Client Company.

Reports

In order to provide Client Companies with information to assist in monitoring indicators, Gupy Corporate Education allows reports to be extracted in .xlsx format regarding completed training. Access to company data is controlled by permissions, and it is the total responsibility of the Client Company to responsibly use the extracted information.

Intellectual Property

The license to use Gupy Corporate Education does not imply, in any way, the provision of source code or internal software structure or any other technology or platform functionality, being the exclusive property of Gupy and Niduu.

The User receives a limited, non-transferable, non-exclusive, royalty-free, and revocable license to download, install, run, and use Gupy Corporate Education on their device. The sale, transfer, modification, reverse engineering, distribution, as well as copying of texts, images, or any parts thereof is expressly prohibited.

The right to all content of Gupy Corporate Education is owned by Gupy and Niduu and is protected by intellectual property rights. Users may not create derivative works, copy, sell, or distribute the content, under penalty of civil and criminal liability for violation of intellectual property, and the use of the material must be exclusively in a private and individual context by the User. When the content is produced/supplied by the Client Company, this material will be owned by the Client Company.

It is not allowed to use any of the registered trademarks, trademarks, service marks, logos, domain names, or other intellectual property of Gupy or Niduu, whether linked to Gupy Corporate Education or not.

Privacy and Data Protection

Gupy and Niduu, through Gupy Corporate Education, comply with and follow the guidelines established by LGPD, prioritizing the User's privacy, so that the personal data collected will be used only for the specific purpose of contractual execution, in the form of service provision.

The Client Company is aware that, by choosing to use Gupy Corporate Education outside of Brazil, it may be subject to other legislations in addition to LGPD, which may result in penalties, without interference from Gupy or Niduu.

For more information, please refer to our Privacy Notice, available at: Corporate Education Platform Privacy Notice.

Price

The use of Gupy Corporate Education is formalized through a contract with Client Companies. For more information, please refer to your company's contract. 

Penalties

Non-compliance with any clause of these Terms of Use may lead to the cancellation of the User's registration in Gupy Corporate Education, contractual penalties, and may also result in civil and criminal liability.  

Changes, Modifications, and Termination

THESE TERMS HAVE THE NATURE OF A CONTRACT OF ADHESION, AND BY AGREEING TO THE PROVISIONS HEREIN AND STARTING TO USE GUPY CORPORATE EDUCATION, YOU EXPRESSLY, FREELY, AND INFORMEDLY ADHERE TO THE TERMS AND AGREE THAT YOU HAVE READ THIS DOCUMENT IN ITS ENTIRETY AND AGREE TO ITS CONDITIONS. YOU COMMIT, THEREFORE, TO RESPECT THE CONDITIONS STATED IRREVOCABLY AND IRREVOCABLY, AS WELL AS TO USE THE SERVICES OFFERED THROUGH GUPY CORPORATE EDUCATION BY GUPY AND NIDUU IN A PROFITABLE AND LEGAL MANNER.

The User understands and acknowledges that they have legal capacity to enter into these Terms of Use and use the service.

Acceptance

ESTOS TÉRMINOS TIENEN NATURALEZA DE CONTRATO DE ADHESIÓN Y AL ACEPTAR LAS DISPOSICIONES AQUÍ PREVISTAS E INICIAR EL USO DE GUPY EDUCAÇÃO CORPORATIVA, USTED ADHIERE A LOS TÉRMINOS DE FORMA EXPRESA, LIBRE E INFORMADA, Y ACEPTA QUE HA LEÍDO ESTE DOCUMENTO EN SU TOTALIDAD Y ESTÁ DE ACUERDO CON SUS CONDICIONES. USTED SE COMPROMETE, POR LO TANTO, A RESPETAR LAS CONDICIONES EXPUESTAS DE MANERA IRREVOCABLE E IRREVOCABLE, ASÍ COMO A UTILIZAR DE MANERA PROVECHOSA Y LEGAL LOS SERVICIOS OFRECIDOS POR GUPY Y NIDUU A TRAVÉS DE GUPY EDUCAÇÃO CORPORATIVA.

El Usuario comprende y reconoce que tiene la capacidad legal para celebrar estos Términos de Uso y utilizar el servicio.

Applicable law and Jurisdiction

The Terms of Use are governed and interpreted according to Brazilian law, due to the services being offered in national territory, and the competent forum to settle issues related to this document is the court of São Paulo-SP.

 

Last updated on December 11, 2023.