Terms of use

Created on 20 January, 2024 • 472 views • 17 minutes read

We are very pleased that YOU have chosen the Urly Platform!

The Urly Platform provides, in the format of software as a service (SaaS), access to its various Tools, developed as solutions for digital businesses, through its websites and subdomains.

Therefore, we have created this Term, which will govern the relationship for the use of the Platform, allowing YOU to access the content of Urly, made available via the Internet for certain connected devices, such as computers, mobile devices, and/or other compatible devices ("Compatible Devices").

By using the Platform, YOU are agreeing to this Term. Therefore, it is important that YOU read it very carefully.

Chapter I - GENERAL CONDITIONS

1.1. Scope. This Term and General Conditions of Use (referred to simply as “Term” or “Term of Use”) bind all activities developed and services offered by Urly (hereinafter referred to as “Platform”), which includes the website and its subdomains, applications, programs, and other extensions, such as Urly. The Platform is owned by URLY., a legal entity registered in Rio de Janeiro/RJ - Brazil (“Urly”), and is under its responsibility and management.

1.2. Operation. The Platform developed is the exclusive property of Urly and provides, in the format of software as a service (SaaS), access to its various Tools, developed as solutions for digital businesses, through its websites and subdomains.

1.3. Integration Possibility. Urly may, at any time, integrate its Platform with others, allowing the User to use the same registration in each of them.

1.4. Subjects. The following can register on the platform:

a) User (YOU): a natural person, with a minimum age of 16 (sixteen) years old and full legal capacity, or a legal entity, duly constituted, who uses the functionalities of the Platform developed by Urly.

1.5. Adhesion and Acceptance. By this instrument, YOU agree that:

(i) Must accept the Urly Term for registration, access control, and execution of improvements on the Platform;

(ii) By clicking on the Term acceptance box, must adhere and agree to submit to the provisions of this instrument.

1.6. Violation of Conditions. If YOU fail to comply with any of the conditions herein provided, Urly reserves the right to terminate your account and suspend or annul your access to the Platform, without prior notice.

1.7. Modifications. Urly reserves the right to, at any time, modify the Terms of Use, always sending notices to YOU, for awareness, without any responsibility of Urly due to any modifications made on the Platform, which will come into effect immediately after their online publication.

1.8. Changes and Discontinuation. Urly may, at any time, according to its business availability, change any aspect of the Platform, including its features or functionalities, as well as suspend, cancel, or discontinue it, in whole or in part, temporarily or permanently, at its sole discretion, through communication to YOU, without this characterizing a breach of this Term, or right to compensation or fine in favor of the same, except for the refund of amounts that may have been paid in advance.

1.8.1. The Plan that YOU choose will remain unchanged until the end of its validity period.

Chapter II - MODE OF USE

2.1. Registration. The Urly Platform will be available to YOU through its websites and subdomains. When accessing, YOU will register, providing the necessary information for use, such as: name, email, and password. Registration cannot be done via social network.

2.2. Dynamics. After YOU complete the Registration, you will have access to the Urly Platform, through login and password, with a Free Plan, with limited functionalities, granting rights only to the Urly tool (Links Site), with customization restriction, besides not having any type of support, except for the Tutorials available on our website and/or on our Channel on the Youtube Platform. If YOU wish, you may subscribe to the PRO Plan, monthly or annually, on the Platform itself, to have access to all available tools like Urly and others, as explained in this link https://urly.bio/plan.

2.2.1. Forwarding to WhatsApp. YOU must have a registration on the WhatsApp messaging application, so that the Urly Platform can forward messages from the site to the application, through tools “applications” installed in your projects.

2.2.1.1. User Relationship with the WhatsApp Application. Urly is not responsible for any problems occurring in the application or arising from the User's relationship with the messaging application, and also declares that it does not have any link, partnership, sponsorship, or relationship with WhatsApp. Likewise, if YOU no longer use the application, for any reason, Urly will not suffer any type of responsibility.

2.2.1.2. Your Conversation on WhatsApp. Urly does not have access to your messages or WhatsApp conversation history, being certain that the only message that has some type of record in Urly, is the 1st message that YOU typed in the “message” field on the “smart” button of the Platform, and which will depend on your effective sending by YOU.

2.2.2. Communication. Notifications and communication between YOU and Urly will be carried out through the email registered by YOU and, in the case of PRO User, also by WhatsApp.

2.3. Incorrect Registration Information. To access and use the functionalities of the Platform, YOU must provide the information required at the time of registration, as set out in the Privacy Policy.

2.3.1. Refusal Criteria. The Urly Platform reserves the right to prevent, at its discretion, new registrations, or cancel those already made, in case of anomaly detection that it considers, in its analysis, to be of serious error or demonstrate a deliberate attempt to circumvent the rules described here, mandatory for all Users, without any refund of the amounts already paid.

2.4. Use of Registration by Third Parties. The registrations on the Platform are individual and non-transferable, thus, YOU must immediately notify Urly about any unauthorized use of your account, in a timely manner, not being Urly responsible for any damages or losses arising from the use of “login” and password by a third party, with or without your consent.

2.4.1. Precautions to be observed. For proper use of the Platform, YOU must: (i) Be careful with your individual identification data whenever you access the Internet; (ii) Take other necessary measures to protect yourself from harm, including online and offline fraud; (iii) Be diligent in using the content available on the Urly Platform, being aware of your responsibilities; and (iv) Strictly comply with all the determinations of this Term.

2.5. Usage Limitations. The license to use the Platform is granted in a limited, non-customizable, non-exclusive, non-transferable manner, and not subject to sub-licensing, assignment, in any form, to transfer totally or partially, under any modalities, free or for a charge, temporarily or permanently, the services contracted through these Terms, including accessing and viewing the contents via the internet, exclusively for personal use, without commercial purposes, and as long as fully complied with the conditions set forth in this Term.

2.5.1. Purpose. Therefore, YOU may not use or allow the use of the Platform for any purpose other than that described in this Term. Should any offense to the Term and the Privacy Policy be detected, the Urly Platform may suspend your complete access, without this implying a breach of this Term, so that YOU must continue to comply with all your obligations, until the irregularity found is verified or corrected, within 30 (thirty) days.

2.6. Responsibility for Inserted Content. YOU are aware that all and any content inserted is your sole responsibility, since Urly does not and will not make any control over the truthfulness and/or legality of the information inserted.

2.7. User Obligations. YOU have the following responsibilities:

a) Not to use the Urly Platform for any purpose that is unlawful or prohibited by the Term and/or applicable norms;

b) Authorize Urly to send communications by email, phone, or instant messages, including advertising nature;

c) Present honest and good faith behavior;

d) Present honest and good faith behavior;

e) Be responsible for the information inserted and maintained on the Platform, for the registration, permissions, passwords, and mode of use, exempting Urly from any and all responsibility regarding the content inserted and its form of use;

f) Pay the amount referring to the contracted Plans; and

2.8. Integrity. YOU declare, by consenting to this document to use the Platform, that you hold unblemished integrity, being aware, from now on, that false or untrue registration information recorded or provided during the electronic service contracting process may constitute a crime.

Chapter III - ACCESS AND FUNCTIONALITY RESTRICTIONS

3.1. Restrictions. Access to the programming areas of the Urly Platform, its database, or any other set of information that is part of the webmaster activity, is not allowed. It is also prohibited to engage in or allow any type of reverse engineering, translation, decompilation, copying, modification, reproduction, leasing, subleasing, sublicensing, publishing, disclosure, transmission, lending, distribution, or, in any other way, the provision of query tools of this website, applications, programs, and their functionalities to third parties without the prior and express authorization of Urly. Violators will be subject to penalties under Brazilian law, without prejudice to the obligation to repair the damages caused. This restriction includes any attempt to incorporate any information from the platform into any other directory, product, or service.

Chapter IV - COMPENSATION AND CANCELLATION

4.1. Compensation. For the use of the Platform in the paid version, YOU may choose the monthly or annual plan, making the payment through the Hotmart platform.

4.1.1. Plans. Urly defines, in the Plans, the values, periods, functionalities, and/or other characteristics of the Services that will be available to YOU. Any service not included in the Plan will be charged separately, according to the price defined for each one.

4.1.2. Limited Access. YOU pay for the Plan so that the Tools are available for a limited period of time, including the time YOU will take to configure the Platforms, make adjustments, or learn how to use them. Payments are due even if YOU do not use or access the Platforms.

4.1.3. Payment Responsibility. From now on, YOU are aware that payment and its approval will be made through the Hotmart platform, with no interference and, consequently, no responsibility from Urly.

4.1.4. Interest. In case of late or non-payment, interest of 2% (two percent) per month and a fine of 3% (three percent) will be applied, without prejudice to judicial or extrajudicial collection.

4.1.5. Renewal. All Plans are automatically renewed for equal periods. YOU may request a full refund of the amount paid within 7 (seven) days if you no longer wish to use the Urly Platform, by canceling directly on the Hotmart platform or by requesting within the deadline via email support@urly.bio. After the deadline, it will not be possible to request a refund, only cancellation of the subscription.

4.1.6. Refund. Under no circumstances will there be a refund for the payment of services.

4.1.7. Abandoned Accounts. Urly may send notices, every 12 (twelve) months, to accounts that have had no interaction for 3 (three) months or more, warning that the account will be deleted from the Platform and all data linked to it will be erased, with no chance of recovery, if there is no response within 30 (thirty) days.

4.1.8. Adjustment. All values of the Plans will be adjusted annually, according to the IGP-M/FGV variation index, or another equivalent applicable index.

4.1.9. Invoice. The Invoice will be sent to the User's registered email, as set out in the data provided or, only the name, in the absence of those.

4.1.10. Account Activation. After registering on Urly, YOU will automatically receive, in your registered email on the Platform, the link for confirmation of subscription and activation of the account.

4.2. Cancellation of service. YOU may cancel your registration on the Platform at any time through the Hotmart platform, or communicate, at the email support@urly.bio, with at least 30 (thirty) days in advance. In this case, YOU will not have a refund of any amount paid, and may use the Plan until the end date of it. Deletion occurs within 30 (thirty) days.

4.2.1. Obligation to retain data. YOU acknowledge and agree that the Urly Platform has no obligation to retain or keep archived any data/content of your property stored on the Urly Platform after the end of the contractual relationship.

4.2.2. Outstanding amounts. If there are outstanding amounts, the interested party in the cancellation must settle them for it to be carried out. If, at any time, YOU fail to make the payment on the due date, your access may be blocked at any time, and your Plan may be canceled.

4.2.3. Withdrawal. Urly offers a 7 (seven) consecutive day period for withdrawal. After this period, YOU agree to maintain the payment, without refund.

Chapter V - EXCLUSION OF WARRANTIES

5.1. Availability. The Platform is available for your use and is offered "as is" and "as available", according to the Plan you choose. Urly disclaims any responsibility for implied warranties of merchantability, fitness for a particular purpose, financial return, and any responsibility for data loss in case of problems in the backup made by YOU. In addition, Urly does not guarantee that the services will be provided without interruptions or errors. Therefore, YOU accept that all risks arising from the use of the Urly Platform are your sole responsibility.

Chapter VI - LIMITATION OF LIABILITY

6.1 Comprehensive Service. Urly does not guarantee YOU that: (a) the functions contained in the Platform will fully meet your needs; (b) the operation of the Platform will be uninterrupted or error-free; or (c) that the Platform will be compatible or work with any other software, applications, or third-party services. Thus, Urly will be exclusively and limitedly responsible for the services provided by itself.

6.1.1. Independence between the parties. Urly reiterates that it does not establish with YOU any type of: (i) partnership, association, or representation; (ii) provision of any service different from the object of this private instrument, and/or (iii) employment relationship.

6.2. Responsibility. Urly will not be liable for any losses or damages suffered, resulting from: (i) any incorrect or incomplete information provided by YOU; (ii) any fraud, fraudulent statement, or breach of duty, or violation of any of the conditions by other Users; (iii) failures in connections; (iv) data processing problems caused by third parties; (v) third-party products or services, even if acquired through the Platform; (vi) the content inserted by YOU; (vii) damages or losses arising from decisions made based on the information provided by the Platform; and (viii) problems defined as "force majeure" or "fortuitous event" contemplated in article 393 of the Brazilian Civil Code.

6.3. Violation of Third Party Rights. Urly will not be responsible to any User for any violation of third party rights.

6.4. Damages. Under no circumstances will Urly be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including personal or property damages, related to, or otherwise resulting from, any use of the Platform that YOU may suffer due to actions performed or not performed through it, even if arising from the conduct of third parties.

6.5. Indemnification. YOU shall indemnify Urly, its directors, administrators, employees, representatives, and employees for any claim brought by third parties arising from your activities on the Platform, and for the breach of the terms of use and conditions and other policies of the same, and also for the violation of any law or rights of third parties, including attorneys' fees.

6.6. Violations on the Website. Urly reserves the right to notify police and judicial authorities about violations that occur on the User's website, and may provide information and documents, in order to cooperate with the said authorities.

Chapter VII - DEACTIVATION OF REGISTRATION, QUESTIONS, AND SUGGESTIONS

7.1. Deactivation of Registration, Questions and Suggestions. In case of questions or suggestions related to this Terms of Use of the Platform or any other information, YOU can contact us through consultation with the FAQ and follow the guidelines of the Sites. The support service will be provided according to the specifications of the Plan chosen.

7.2. Prohibition and deactivation of registration. As a way to maintain trust and respect on this Platform, illegal acts or incompatible with the proposal to care for the provision of quality services will be prohibited. Thus, suspension or deactivation of your registration may result if YOU incur any of the scenarios listed below:

(i) Promotion of violence and/or discrimination, based on race, sex, religion, nationality, sexual orientation, or any other type;

(ii) Violation of any laws, especially regarding copyright, intellectual property, such as unauthorized copies, use of images, sounds, movements, or texts without the author's permission, whether they are trademarks, replicas, and/or counterfeits;

(iii) Violation of the provisions of the Privacy Policy of the Platform;

(iv) Non-use of the Platform for more than 6 (six) months.

Chapter VIII - PLATFORM ENGINEERING

8.1. Improvement. YOU agree that every system, platform, or service, regardless of its producer or characteristics, is a kind of product that is always undergoing updates and improvements, possessing, constantly and unconditionally, aspects to be improved, which cannot be considered in itself as a fault or defect.

8.2. Operational Errors. Any errors in the operation of the Platform will be corrected as soon as possible, during the period necessary for maintenance. Urly does not intend for the operation of the Platform's server, its system, database, software, and website to be free of errors, failures, or interruptions.

Chapter IX - INTELLECTUAL PROPERTY

9.1. Use of Intellectual Property. The commercial use of the expression “Urly” as a brand, business name, or domain name, and the logo are the exclusive property of the owners of Urly, as set out in the respective constitutive act of the organization. Similarly, copyrights and other rights capable of protection by industrial property such as structure, the content of the screens related to the Platform, as well as the programs related to it, software, website, databases, networks, and files of all domains of Urly. All rights are protected, in Brazil and internationally, by laws and international treaties on copyright, trademarks, patents, and industrial designs. All rights related to authorship, trademarks, patents, and industrial designs, whether owned or licensed in their favor, are reserved for the owners of Urly.

9.0.1. Prohibition. It is not allowed to reproduce, duplicate, copy, sell, resell, visit, or in any other way exploit for commercial purposes the content of the Platform without the prior written consent of the owners of Urly. Particularly, the use of data mining, robots, or other data collection and extraction tools to extract, in an isolated or recurrent manner, any substantial part of the Platform for its reuse is expressly prohibited.

9.2. Relations with Third Parties. The Platform may provide links to access other websites, which does not mean that these sites are owned or operated by Urly. As it does not have control over these sites, Urly will not be responsible for the contents, practices, and services offered on them. The presence of links to other sites does not imply a partnership, supervision, complicity, or solidarity of Urly with these sites and their contents, except for exceptions that will be expressly disclosed.

Chapter X - FINAL CONDITIONS

10.1. Suspension and Cancellation of Access. In the event that YOU breach any provision of the Terms, YOU acknowledge and accept that Urly may, without prior notice, interrupt or suspend, temporarily or permanently, in part or in whole, your access to the Platform.

10.1.1. Reports. If YOU or anyone else detects irregularities on the Platform, a report can be sent through the page https://urly.bio/contact.

10.2. Warnings and suspension. Without prejudice to other applicable measures, Urly may warn you, suspend, temporarily or permanently, your access, at any time, if YOU:

10.1.1. Reports. If YOU or anyone else detects irregularities on the Platform, a report can be sent through the page https://urly.bio/contact.

a) fail to comply with any provision of the Terms or the Privacy Policy;

b) breach any of your obligations or prohibitions assumed when using the platform's services;

c) use, without authorization, the name and/or brand of Urly, in part or in its entirety, and violate the intellectual property rights of Urly;

d) use, without authorization, the name and/or brand of third parties, without due authorization, and violate the intellectual property rights of third parties;

e) fail to provide conditions that enable the verification of your identity or if any information provided is incorrect;

10.2.1. For the security of the Platform, Urly declares that it may, at its sole discretion, collect geolocation information from YOUR access servers, which may be passed on to the owners of the brand linked to the account created.

10.3. Personal Data Processing. For the Platform to have quality and for YOU to obtain results quickly and safely, it is necessary to provide personal data, as set out in the Privacy Policy of the Urly Platform.

10.4. Nullities. If any clause of this instrument is considered illegal, invalid, or unenforceable, in whole or in part, under any law, that clause or part thereof shall to that extent be deemed not to be part of the Terms of Use, and the legality, validity, and enforceability of the remaining clauses will not be affected.

Chapter XI - APPLICABLE LAW AND JURISDICTION

11.1. Jurisdiction. These Terms of Use are governed by Brazilian laws, with the court of Rio de Janeiro/RJ defined as competent to settle any disputes arising from them, to the detriment of any other, however privileged it may be or become, with priority always given to attempts at resolution through self-composition.

Updated on January 19, 2024.