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DRAFT — legal review required before publication.

Terms of Use

Version: 0.1-draft · Effective: [PLACEHOLDER: date]

1.1 Who we are and who these Terms apply to

These Terms of Use govern the use of the website idealmonitor.com.br (the "Website") and of the Ideal Monitor platform, available at app.idealmonitor.com.br (the "Platform"), provided by Ideal Business Informática Ltda., CNPJ 05.169.017/0001-90, located at Rua João Meneguelli, 308, Cravinhos/SP, Brazil, CEP 14140-000 ("Ideal Business", "we").

They apply to:

  • anyone browsing the Website ("Visitor");
  • the company that subscribes to the Platform ("Customer"); and
  • the people the Customer registers to use the Platform ("Users").

By using the Website or the Platform, you confirm that you have read and agree to these Terms. If you accept on behalf of a company, you confirm that you are authorized to do so.

1.2 The contract prevails

The Platform subscription, hardware and deployment services are formalized in a signed contract or commercial proposal (the "Contract"). In case of conflict, this order applies: (1) Contract; (2) these Terms; (3) other policies published on the Website.

Price, term, service level (SLA), support, data retention period, number of sensors and hardware conditions are defined in the Contract.

1.3 What Ideal Monitor is

Ideal Monitor is a cloud platform that supports monitoring of temperature and humidity in fixed environments (cold rooms, anterooms, docks, warehouses, rooms and store areas). It receives readings from sensors installed at the Customer's site, records them, checks them against rules configured by the Customer and sends alerts through the available channels.

The alert channel available today is email. Features announced as "Coming soon" or "In development" are not part of the service until they are launched and communicated to the Customer.

Ideal Monitor is an auxiliary tool. It does not control temperature, does not operate equipment, and does not replace the Customer's control, inspection and refrigeration maintenance procedures or contingency plans.

1.4 Registration, access and account security

  • The Customer appoints one or more administrators, who register Users and assign their roles.
  • Each User must have their own credentials, which are personal and non-transferable.
  • We recommend enabling two-factor login.
  • The Customer is responsible for actions taken with its Users' credentials and must notify us immediately of any suspected misuse at admin@idealbusiness.com.br.
  • The Customer must keep its registration details accurate and up to date.

1.5 Customer responsibilities

For monitoring to work, the Customer agrees to:

  1. keep alert contacts up to date (names, emails and escalation levels) and make sure those emails are read;
  2. ensure power and connectivity (Wi-Fi and internet) where sensors and the data collector are located, as specified during deployment;
  3. configure and review alert rules (limits, tolerances and severities) according to its products and procedures;
  4. periodically check that sensors are working, properly positioned and maintained, and report any damage, removal or relocation;
  5. act on the alerts received, according to its own procedures;
  6. not tamper with the data collector or sensors beyond the guidance provided; and
  7. maintain its own control, record-keeping and contingency procedures.

1.6 Acceptable use

You may not:

  • use the Website or the Platform for unlawful purposes or in violation of third-party rights;
  • attempt to access other customers' data, bypass access controls or test for vulnerabilities without written authorization;
  • reverse engineer, copy or resell the Platform, unless the Contract allows it;
  • upload malicious code or intentionally overload the infrastructure; or
  • use bots to fill in forms on the Website.

We may suspend access for anyone who breaches these rules, notifying the Customer whenever possible.

1.7 Availability and third-party dependencies

We work to keep the Platform available and working properly, but uninterrupted or error-free operation cannot be assured. Operation depends on factors beyond our control, including:

  • power at the Customer's site;
  • the Customer's Wi-Fi and internet connection and telecom carriers;
  • cloud, hosting and email providers;
  • installation and positioning of sensors;
  • calibration, upkeep and operation of the hardware.

About alerts: an alert may be delayed or not delivered, for example due to spam filters, a full mailbox, an outdated address or the unavailability of third-party services.

About readings without a connection: when a sensor or the collector loses power or internet, readings from that period do not reach the Platform and are not recovered later. In these cases, the Platform may issue a "sensor not reporting" alert, according to the configured rules.

Scheduled maintenance will be announced in advance whenever possible. Availability targets, if any, are set out in the Contract.

1.8 Limitation of liability

  1. Ideal Business is liable for damages it directly causes in providing the services, within the limits of this clause and applicable law.
  2. Ideal Business is not liable for loss, damage or spoilage of products, goods or cargo, lost profits or indirect damages arising from: (a) monitoring, reading or alert delivery failures caused by the factors described in clause 1.7; (b) the Customer's failure to meet the responsibilities described in clause 1.5; (c) failure, defect or malfunction of the Customer's refrigeration or other equipment; or (d) acts of God or force majeure.
  3. In all other cases, Ideal Business's total liability is limited to the amount actually paid by the Customer for the services in the 12 months preceding the event, unless the Contract sets a different limit.
  4. The limitations in this clause do not apply to damages caused by Ideal Business's willful misconduct or gross negligence, and do not exclude rights that cannot be limited by law.
  5. If the relationship with the Customer is deemed a consumer relationship, this clause applies within the limits of applicable consumer protection law.

A plain-language summary is available on the Limitation of Liability page.

1.9 Customer Data

  • Data entered by the Customer and the readings from its sensors ("Customer Data") belong to the Customer.
  • The Customer authorizes us to store and process Customer Data only to provide the service, offer support, ensure security and comply with legal obligations.
  • Each Customer accesses only its own data. The Platform is built to keep different customers' data separate.
  • [PLACEHOLDER: decide with counsel on the use of anonymized, aggregated data]
  • The retention period for Customer Data is defined in the Contract.
  • Personal data processing follows the Privacy Policy and, when we act on the Customer's behalf, the Contract's data processing annex [PLACEHOLDER: data processing annex].

1.10 Intellectual property

The Platform, the Website, the Ideal Monitor brand, texts, illustrations and software belong to Ideal Business or its licensors. The Contract grants the Customer a non-exclusive, non-transferable license to use the Platform for the term of the subscription. Nothing in these Terms transfers intellectual property to the Customer or the Visitor.

Suggestions and feedback sent by the Customer may be used by us to improve the product, with no obligation to pay.

1.11 Hardware

Sensors, collectors and other equipment may be sold, leased or included in the plan, according to the Contract. Warranty, replacement, return and responsibility for custody of the equipment follow the Contract and, where applicable, the manufacturer's warranty.

1.12 Payment

Amounts, payment method, adjustments and late payment consequences are defined in the Contract. Late payment may lead to suspension of access, with 10 days' prior notice.

1.13 Suspension and termination

  • The Customer may terminate the subscription under the terms of the Contract.
  • We may suspend or terminate access in case of breach of these Terms or the Contract, with prior notice whenever the situation allows.
  • Upon termination, Customer Data remains available for handover in the format and timeframe set out in the Contract and is then deleted, unless the law requires it to be kept.

1.14 Website, calculator and content

Information on the Website, including the risk calculator, simulations, articles and examples, is illustrative and does not constitute a promise, guarantee of results or commercial proposal. A proposal only exists when formally sent by Ideal Business.

1.15 Changes to these Terms

We may update these Terms. The version and effective date are shown at the top of this page. Customers will be notified of material changes at least 30 days in advance, by email or in the Platform, and acceptance of the new version will be recorded.

1.16 Governing law and jurisdiction

These Terms are governed by the laws of the Federative Republic of Brazil. The courts of Cravinhos/SP, Brazil, have jurisdiction over any dispute, unless the Contract provides otherwise or the law sets a mandatory venue.

1.17 Contact

Ideal Business Informática Ltda. · admin@idealbusiness.com.br · Rua João Meneguelli, 308, Cravinhos/SP, Brazil, CEP 14140-000.