Greengow Tecnologia Ltda. ( "Greengow", "our", "us" or "with us”) provides global radio communication services for communication in any language through transcription, translation, radio-communication, speakerphone, and messaging services for users all over the world, all they are require to have is internet access. Please read our Terms of Service to understand our service and what happens while using the app. You agree to our Terms of Service (“Terms") when installing, accessing, or using our app, services, features, software, or website (collectively, "Services").
NO ACCESS TO EMERGENCY SERVICES: There are important differences between Greengow and other messaging services, including your landline telephone, mobile, and SMS services. Our Services do not allow access to services or emergency service providers, including the police, fire department, hospitals or any form of contact with public safety service points, and we are not responsible for the translation systems used in our system for messages sent to these emergency services because of the complexity and urgency of the service.
About our services
Register. In order to use our Services you must provide accurate information, provide your current mobile number, and, in case of changes, update the mobile number using the features of our app to update your account. From the installation of the app and creation of your account, you agree to receive text messages and phone calls (ours or our outsourced service providers) with codes to register for use of our Services.
Contact list. The contact list used by Greengow is provided by you from the time you create your account and is updated automatically based on the new insertions you have made in your phone book on the mobile phone or other device on which Greengow is installed. You confirm that you are authorized to provide us with such numbers so that we can provide our Services.
Devices and software. In order to use our Services, you must hold devices that are compatible with our system requirements, and the updating of our software may be performed automatically.
Rates and taxes. Costs for using your mobile operator's data plan associated with the use of our Services are your sole responsibility, and we may charge you for the use of our Services, including transferring, for the total amount charged for the Services, fees and taxes charged by the country of residence, where applicable. In the case of charging by our Services, we will not refund the amount spent, except when required by law. Greengow reserves the right to create limited-time promotions, extending or eliminating it at any time.
Acceptable use of our services
Our terms and policies. The use of our Services shall be in accordance with our Terms and Policies, and in the event of violation of these Terms and Policies, your account may be blocked. In such a situation, you must request our permission to create a new account.
Legal and acceptable use. Our Services must be accessed and used only for lawful, authorized and acceptable purposes, in accordance with the common decency, and the legislation in force in your country. You will not use (or assist others to use) our Services: (a) in order to violate, misappropriate, or infringe the rights of Greengow, our users or third parties, including privacy, publicity, intellectual property rights or other proprietary rights; (b) unlawfully, obscene, defamatory, threatening, intimidating, harassing, hateful, offensive in racial or ethnic terms, or instigating or encouraging conduct that is unlawful or inappropriate, including incitement to violent crime; (c) involving false, incorrect, or misleading statements; (d) to be someone else; (e) to send illegal or unauthorized communications, bulk messages, automated messages, automated links, and the like; or (f) in order to involve non-personal use of our Services, unless authorized by us.
Loss to Greengow or our users. You will not access, use, copy, adapt, modify, make derivative works, distribute, license, sublicense, transfer, perform, or otherwise exploit (or assist third parties to do) our Services in a manner not permitted or authorized, or in any way to harm or burden us, our Services, systems, users or third parties, including, either directly or through automation: (a) reverse engineer, change, modify, create derivative works of, decompile or extract codes from our Services; (b) sending, storing, or transmitting viruses or other harmful codes using our Services; (c) obtain or attempt to gain unauthorized access to our Services or systems; (d) interfere with or disrupt the integrity or performance of our Services; (e) create accounts for our Services using unauthorized or automated means; (f) collect information from or about our users in an unauthorized or allowed manner; (g) sell, resell, rent or charge for our Services; or (h) distribute or make available our Network Services for use by multiple devices at the same time.
Maintaining the security of your account. You are responsible for keeping your Greengow device and your Greengow account protected and safe and you must immediately inform us of unauthorized use or security breach in your account or in our Services.
Third Party Services
Our Services may allow you to access, use, or interact with third-party sites, apps, content, products, and services. For example, you may choose to use a data backup service built into our Services (such as iCloud or Google Drive) or interact with a Share button on a third-party site that allows you to send information to your Greengow contacts. Please note that when using third-party services, the applicable privacy terms and policies will be those designed for such services.
Your rights. Greengow does not claim ownership of the information you submit to your Greengow account or when using our Services. You must have the necessary rights to the information submitted by the Greengow account or using our Services, and the right to assign the rights and licenses in accordance with our Terms.
Greengow's rights. We own all copyrights, trademarks, domains, logos, product appearance, company secrets, patents, and other intellectual property rights associated with our Services. The use of our copyrights, trademarks, domains, logos, product appearance, company secrets, patents and other intellectual property rights without our express authorization is prohibited. You may only use the marks of our affiliated companies with their authorization, including authorization in accordance with the published trademark guidelines.
Greengow's license for you. We grant you a limited, revocable, non-exclusive license that cannot be sublicensed or transferred to use our Services, subject to our Terms. This license is intended to allow you to use our Services in the manner permitted in our Terms. Licenses and rights expressly granted to you are the only licenses and rights granted; there is no license grant or implied right or by inference.
THE USE OF OUR SERVICES IS AT YOUR OWN RISK AND IS SUBJECT TO THE NEXT RESERVATIONS. WE ARE PROVIDING OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE WE DO NOT WARRANT THAT THE INFORMATION PROVIDED BY US IS EXACTLY, ESPECIALLY THOSE RELATED TO THE TRANSLATION OF MESSAGES, BE COMPLETE OR USEFUL; WE DO NOT WARRANT THAT OUR SERVICES WILL BE OPERATING, ERROR-FREE, PROTECTED OR SAFE, AND THAT OUR SERVICES WILL OPERATE WITHOUT INTERRUPTIONS, DELAYS, OR IMPERFECTIONS, WHICH MAINLY RELATE TO THE TRANSLATION SERVICE, SINCE JUST TRANSMISSION SERVICES INTERMEDIATE BY OUR APPLICATION. WE DO NOT CONTROL AND WE DO NOT RESPONSIBLE FOR THE CONTROL OF OR AS OUR USERS USE OUR SERVICES OR THE RESOURCES, SERVICES, AND INTERFACES PROVIDED BY THESE SERVICES. WE DO NOT RESPONSIBLE AND WE DO NOT OBLIGE TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR THIRD PARTIES. YOU ARE EXEMPT FROM US, OUR SUBSIDIARIES, AFFILIATES, AND THE DIRECTORS, DIRECTORS, EMPLOYEES, PARTNERS, AND REPRESENTATIVES OF ALL (THE "GREENGOW PARTIES") OF CLAIMS, DEMANDS, CAUSES OF ORDER, CONTROVERSY OR CONFLICT (INCLUDING, "CLAIMS"), AND INDEMNIFICATIONS, WHETHER OR NOT RELATED, RELEVANT, OR OTHERWISE ASSOCIATED WITH YOUR CLAIMS IN RESPECT OF THIRD PARTIES. YOU WAIVE ALL RIGHTS YOU HAVE.
Limitation of liability
THE GREENGOW PARTIES ARE NOT RESPONSIBLE FOR LOST PROFITS, EMERGING DAMAGES, PUNITIVE DAMAGES, OR FOR SPECIAL OR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR TERMS, OR WITH OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY RELATING TO, ARISING FROM OR RELATED TO OUR TERMS WILL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS (US $ 100) OR THE AMOUNT PAID BY YOU IN THE LAST TWELVE MONTHS. THE ABOVE LEGAL NOTICE REGARDING CERTAIN INDEMNITIES AND LIMITATION OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN INDEMNIFICATIONS; SO, SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANY PROVISION UNDER OUR TERMS, IN THESE CASES, THE LIABILITY OF GREENGOW PARTIES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
You agree to defend, indemnify, and hold Greengow Parties harmless from and against any and all damages, losses, and expenses of any nature (including legal costs and reasonable attorneys' fees) arising out of or in any way associated with the following: (a) your access to, and use of our Services, including information provided in connection therewith; (b) alleged or actual breach of our Terms by you; or (c) a false statement made by you. You will cooperate, to the limit and as requested by us, in the defense or transaction of any Claim.
Resolution of controversies
Forum. As a user of Greengow you agree to resolve any claim you have with us relating to, arising out of or in any way associated with our Terms, us or our Services (each referred to as a "Controversy" and collectively "Controversies”) exclusively before the central court of the County of São Paulo, State of São Paulo, Brazil, and agrees to submit to the jurisdiction of such judges in the filing of any action involving the Controversy.
Applicable law. The laws of Brazil govern these Terms and the Controversies, judicial or in arbitration, that may arise between you and Greengow.
Availability and closure of our services
Availability of our services. Our services may be discontinued, including for maintenance, repairs, upgrades, or failures of network or equipment. We may discontinue some or all of our Services, including certain features and support for certain devices and platforms, at any time. Events beyond our control may affect our services, such as a fortuitous event or force majeure.
Rescission We may modify, suspend or terminate your access to or use of our Services at any time and for any reason, for example, if you breach the provisions or intent of these Terms or otherwise harm, jeopardize or expose us to legal or our users or third parties. The following provisions will continue in force after the termination of your relationship with Greengow: “Licenses”, “Legal Notices”, “Limitation of liability”, “Indemnity”, “Availability”, “Resolution of controversies”, “Rescission of our Services”, "Others".
• Unless otherwise provided in a contract signed by you and us, our Terms form the entire agreement entered into between you and us in relation to Greengow and our Services and supersede all prior agreements.
• We may ask you to agree to additional terms relating to certain Services in the future, which will prevail in case of conflict between them and our Terms.
• Our Services shall not be distributed or used in countries where such acts violate provisions of local law or subject us to the laws of another country. We reserve the right to limit our Services in any country.
• You will comply with all Brazilian laws or not of export controls or trade sanctions (“Export Laws"). You will not export, re-export, execute, or transfer our Services, directly or indirectly: (a) to the individual, legal entity or country prohibited by the Export Laws; (b) to anyone on restriction lists of the Brazilian government or other governments; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical or biological weapons and missile technology programs, without the necessary governmental authorizations. You will not use or download our Services if you are located in a restricted country if it is currently listed in a list of restrictions by the Brazilian government or other governments or for any purpose prohibited by the Export Laws and will not disguise your location by using IP proxy or other methods.
• Our Terms were elaborated in Portuguese (BR). Translated versions are provided for your convenience only. If there is a conflict between the translated version and the Portuguese version of our Terms, the Portuguese version will prevail.
• Any change or waiver of our Terms requires our express authorization.
• We may change or update these Terms. We will notify you of changes made to our Terms as needed, and will update the last modified date at the top of these Terms. Continued use of our Services confirms your acceptance of our Terms and further amendments. If you do not agree to the revised Terms, stop using the Services. Please review our Terms periodically.
• All our rights and obligations governed by these Terms may be assigned by us to any of our affiliates or as a result of merger, acquisition, restructuring or sale of assets, by law or otherwise, and we may transfer your information to any of our affiliates, successor entities or new owners.
• You will not transfer your rights or obligations under these Terms to another person without our prior written consent.
• Nothing in these Terms shall prevent us from complying with the law.
• Except as provided herein, our Terms do not create third party beneficiary rights.
• Except as otherwise provided herein, we will not consider it a waiver of the relevant right.
• If any provision of these Terms is found to be unlawful, void or unenforceable for any reason, it will be deemed independent of our Terms and will not affect the validity and enforceability of any remaining provisions.
• We reserve all rights not expressly granted to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights which cannot be waived by contract.
• Your comments or other suggestions about Greengow and our Services are always welcome, but understand that we can use your comments or suggestions without any obligation to pay you for them (just as you do not have the obligation to do so).
Data we collect
Greengow receives or collects data whenever we operate and render our Services, including when they are installed, accessed or used by you.
Data provided by you
• Your account information. We receive your mobile number when a Greengow account is created by you. We receive phone numbers from your contact calendar regularly, both from users of our Services and from other contacts. You confirm that you have permission to provide such numbers. Other data can be provided to your account, such as profile name, profile photo, and status message.
• Your messages. We assure your messages on our servers for only twenty four (24) hours during the provision of the Services. We can keep more than 24 hours, according to server capacity. If a translation cannot be delivered immediately (for example, if you are disconnected), we will keep that message on our servers for only 24 hours while we try to deliver it. If the message cannot be delivered within these twenty four (24) hours, we will exclude it.
•Your contacts. To help you organize your communications, we can create a favorite list of your contacts. In addition, you can create, join, or be added to groups and streaming lists, and those groups and lists become associated with your account data.
• Customer support. You may provide us with data related to your use of our Services, including copies of your messages and how we may contact you in case of customer support. For example, we may receive an email from you with information regarding the performance of our application or other issues.
Automatically collected data
• Use and registration data. We collect service data, diagnostic, and performance. This includes information about your activities (for example, how our Services are used, how you interact with other users while using our Services, etc.), log files, as well as logs and diagnostic reports, crashes, website, and Performance.
• Transaction data. In the case of payment for our Services, we may receive data and confirmations as payment receipts, including from app stores or third parties that are processing your payment.
• Data on devices and connections. We collect specific device data when our Services are installed, accessed, or used by you. This includes data such as hardware model, operating system data, browser data, IP address, data over the mobile network, including phone number, and device identifiers. We collect device location data if you use the location features.
• Status data. We collect data about your status and connection changes in our Services, for example, when you are logged in, when you last used our Services, and when your status message was last updated.
Third party data
• Data disclosed by third parties about you. We have received data released by others, which may include data about you. For example, when other users you know use our Services, they can provide your phone number that is in their address book (just as their numbers may come from your contacts); they can also send you a message, send messages to groups that you participate in, or can call you.
• Outsourced service providers. We work with outsourced service providers to help us operate, perform, enhance, understand, customize, support, and advertise our Services. For example, we work with other companies to distribute our apps, form our infrastructure, delivery or other systems, provide information about maps and locations, process payments, help us understand how people use our Services and announce our Services. These service providers may provide us with your information under certain circumstances, for example, app stores may send us reports to help us diagnose and correct problems with the service.
How we use the data
We use all data in our possession to help us operate, perform, enhance, understand, personalize, support, and advertise our Services.
• Protection and Security. We verify accounts and activities and promote security within and outside our Services, whether by investigating suspicious activity and violations of our Terms or by ensuring that our Services are used lawfully.
• Commercial messages. We will allow you to exchange messages with third parties, such as companies, for you to communicate using Greengow through orders, transactions, scheduling information, shipping, and delivery notifications, product, and service updates, and marketing.
Data that you and we share
Your data is shared as you use and communicate using our Services and we share your data to help us operate, enhance, understand, personalize, support and promote our Services.
• Account data. Your phone number, your profile name and photo, your online status and status message, last seen status, and delivery notifications may be available to anyone using our Services; however, you can configure the Services to define whether some data should be available to other users.
• Your contacts and others. The users you communicate with can store or share your data (including your phone number or messages) with others inside and outside our Services. You can use the configuration and blocking feature in our Services to manage the users of our Services with whom you communicate and how certain data is shared.
• Outsourced service providers. We work with outsourced service providers to help us operate, perform, enhance, understand, customize, support, and advertise our Services. When we share data with outsourced service providers, we require them to use your data in accordance with our instructions and terms or with your express consent.
• Third Party Services When you use third party services that are integrated with our Services, they may receive data about your shares. For example, by using a data backup service built into our Services (such as iCloud or Google Drive), they will receive information about what is shared by you. By interacting with a third party service connected with our Services, you may end up supplying data directly to them. Please note that when using third-party services, the applicable privacy terms and policies will be those designed for such services.
We may collect, use, retain, and share data when we believe in good faith that it is necessary to: (a) act as required by applicable law or in judicial or administrative proceedings; (b) enforce our Terms and other applicable terms and policies, including investigations of possible violations; (c) detect, investigate, prevent and resolve fraudulent and illegal activities or security or technical issues; or (d) protect the rights, property and safety of our users, Greengow or third parties.