Thank you for choosing THOLZ! Welcome! These Terms of Use ("Terms") govern access to and use of the platform "THOLZ SMART HOME" ("Platform" or "Service"), made available and maintained by BMT IND AND COM DE MAQ E EQUIPAMENTOS ELETRO ELETRONICOS, legal entity of private right, registered in the CNPJ/MF number 01.518.767/0001-70, with registered office located at Santo Inácio de Loyola Street, 70, Centro, Campo Bom – RS, 93700-000, Brazil.
Through the Platform, you ("User") may have access to a home equipment management system connected to the internet ("Equipment"), by which you can create your Account, add your Equipment, and create rules and routines of home automation ("Routines") with such Equipment, among other functionalities.
Access to the Platform may be made by the Android and iOS applications ("Applications"), available in the respective App Stores ("Web Platform"). The use of such content portals, even if only to obtain the applications of the Platform, is subject to the rules of their respective suppliers.
These Terms are available for reading and consultation by the User at any time in the Application and through the link:
https://tholz.s3.amazonaws.com/legal/terms-of-use-en_US.htmlPlease read these Terms carefully before you start using the Platform.
For the purposes of these Terms of Use, the following terms shall have the following meaning:
Accept free, express, conscious and informed. By creating your Account on our Service, accepting the term "I have read and agree to the Terms of Use" and clicking the accept button, you adhere to the terms of this agreement, freely, expressly, consciously and informed, also declaring that you have had access to this document and that you have read and agree with its conditions. You may not and should not access the Service, use the Web Platform or use the Applications if you do not agree with these Terms of Use, and if you disagree with any term mentioned herein, you must cancel the registration procedure and refrain from using the Platform.
Revocation of consent. You understand, however, that the consent given above can be revoked by you at any time, upon request sent to us or by the option to "Delete Account", within the Platform itself, which will result in the deletion of the data and information eventually collected by the use of the Platform, with the exception of those whose collection and processing are done on a legal basis other than consent and those that we are legally obliged to maintain.
You must be civilly able to enter into contracts and be of legal age. If you do not meet these requirements, your legal guardian must create your account for you by giving your consent.
General conditions. To use the Platform, the User must be civilly able to enter into contracts in the Brazilian territory and be of legal age.
Those under the legal age and incapable. If you are a minor or not civilly able, you must request that your guardian, trustee or legal guardian register the account on your behalf, giving the necessary consent by you.
Absence of authorization of the legal guardian. If the Company becomes aware of an Account maintained by a minor User or of the use of the Service in general by a minor or incapacitated person, without the necessary authorizations or consent from the legal guardian, by fortuitous finds or complaint, the Account in question will be removed immediately or suspended, as the case may be, together with the corresponding personal data.
Our Service consists of an interactive home automation platform. For everything to work well, you must respect some rules of use of the Service.
The object of this contract is the provision of a management system for Domestic Equipment connected to the Internet, by which you can create your Account and add other users enabled to interact with the System, add your Equipment, and create rules and routines of home automation with such equipment, among other features.
Obligations of THOLZ. THOLZ undertakes to: provide the Service as constantly and appropriately as possible; notify the user in case of changes to the Service or the Terms of Use; provide tools to control the personal data provided by the user to the Service; perform and interpret this contract in good faith.
Obligations of the Users. The User, by agreeing to these Terms of Use, agrees to: use the Service offered responsibly and in good faith, within the limits established by these Terms and the functionalities associated with the Platform; create and keep your password safe; keep your contact information and other personal data updated and correct; notify THOLZ of any registration changes or deactivation of the user account.
Conduct prohibited by law. The User is prohibited, under penalty of suspension or cancellation of the Account, from: using the Service for illicit purposes; submitting to the Service, falsely, data of third parties; submitting to the Service data protected by copyright that it cannot have; submit to the Service any type of illegal, immoral or incompatible content with the Service, such as: material containing prejudice, racism, offenses, insults, defamation, libelous, pornographic material, relating to minors in any aspect and in particular pornography or child exploitation, in addition to any information, tool, software or knowledge that allows a user or third party to violate, in any way, these Terms of Use. Equal treatment will be granted to any type of file, link, media or information entered in encrypted form, protected by password or otherwise not immediately identified as illicit material.
Integrity of the Platform and violations of the Terms. The User is equally prohibited from: modifying, deleting, sabotaging or in any way violating, or assisting, encouraging or facilitating the third party to breach the Service, whether the underlying web component, Applications or connected service; violate content protected by intellectual property rights of THOLZ or any affiliate, subcontractor or partner; do not seek, address or accept third party approach to, in any way use the Service or any of its components to defraud these Terms and/or violate the Law, or with the intention to incite a third party to do so.
Obligation to monitor conduct/content. THOLZ does not monitor the use of the Service by its users and is not obliged to do so. However, once notified to THOLZ by any interested party, or by fortuitous finds of the existence of any type of illicit content inserted on the platform, the content will be promptly removed, with the identification of the person responsible and preservation of the information necessary for collaboration with Justice.
We care about your privacy and the security of your information. We have created a specific Privacy Policy to explain how we handle your personal data.
Privacy. When using the THOLZ platform, you enter various data, which may be Personal Data or other information. We are committed to ensuring the confidentiality and security of your information, so we have drafted the THOLZ SMART HOME Privacy Policy.
Privacy Policy Smart Home. The THOLZ SMART HOME Privacy Policy is an integral part of these Terms of Use, and can be accessed by the User at any time by the Applications or on the website:
https://tholz.s3.amazonaws.com/legal/app-privacy-policy-en_US.htmlThis Policy details what data is collected by the Platform, the purposes for which the data is used, your rights as a data subject, security measures, direct contact for requests about personal data, among other important information. By accepting these Terms, you declare that you have had access to and are aware of all information contained in the Privacy Policy, providing your consent in the cases and conditions described in that document.
The Platform is owned by THOLZ and we allow you to use it. Your content is solely yours, and you may not violate our or third-party intellectual property rights.
User Content. You, User, are the owner of all content you enter on the Service in any form. You further represent that the content entered on the Service is your own or, being authored by a third party, that you hold the necessary authorizations and licenses to use such content. THOLZ is not responsible if you, without our knowledge, will use, insert, manipulate or present content authored by a third party as your own or falsely claiming that you have authorization from the owner of the content to do so.
Licensing. Although you remain the holder of moral and property rights in any copyrighted content inserted in the Service, you grant THOLZ, its subsidiaries, affiliates and subcontractors, a non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, perform or publicly display in any format or medium, known or not, all content submitted by the user, license granted free of charge and irredeemable for the duration of the contractual relationship between the User and THOLZ, with the specific purpose of allowing the provision of such content on the Platform, for the provision of the Service and improvement of the Platform.
Infringement of intellectual property of third parties. The User is responsible for the content inserted in the Service and for the legality and legitimacy of the Equipment connected to the Platform, and declares that it has the right or the necessary licenses to use such content and such Equipment. In the event that such presumption proves to be false, upon fortuitous discovery or notification of the interested party, the content in question will be immediately removed from the Service, being notified to the responsible user about the removal, except in the case of judicial determination to the contrary. THOLZ is not responsible for the violation by the user of third-party intellectual property rights, and the User is responsible for the violation, obliged to intervene in the proceedings in order to exempt THOLZ from any possible negative result. Even if such efforts are not enough, THOLZ will have full right of return against its users when the damage to be compensated arises directly or indirectly from the fault of a User.
THOLZ declares that it does not perform and is not obliged to perform prior control of the content submitted to the Service.
Notifications about violations. Any notifications about intellectual property violations can be forwarded to the email address suporte@tholz.com.br
Intellectual property of THOLZ. THOLZ and its partners are exclusive holders of all rights, moral and property, incidents or possibly incidents on visual and/or artistic aspects of the Service, the interfaces of the Web Platform and the Applications, as well as the source code, the technical elements, design, processes, reports, and others that help us to characterize THOLZ SMART HOME Platform, the application itself, all distinctive signs, trademarks, logos and any material that can be protected by copyright or industrial property. To enable your use of the Service, THOLZ grants, for the duration of maintaining your Account on the Service, a personal, limited, revocable, non-transferable, non-exclusive and non-sublicensable license, the intellectual property rights necessary for the use of the Service, which does not include rights of reproduction, alteration, communication to the public or any form of distribution. Any type of copy, alteration or redistribution of the application, website, source code or any element included under the acronym Intellectual Property, as defined in item 1, in part or in whole, is strictly prohibited. You also agree that you will not reverse engineer or attempt to access the source code and database structure in connection with the Service.
ATTENTION! The Service is provided as is, including any failures and interruptions of the service. We do not guarantee any results for the use of the Service, nor that it suits your expectations or needs.
Service provided "as is". The THOLZ SMART HOME Platform as a whole is offered as is, not guaranteeing the Company that the Service is considered fit or suitable for any specific purpose other than that expressly indicated in this Terms of Use, using the Service user at your own risk.
Services of third parties. By using the Platform, you are aware that such use depends on or may depend on the contracting of third-party services, such as access to the internet network, mobile telephony, among others, and THOLZ does not guarantee that such services are adequate or sufficient to enable the use without defects or defects of the Platform.
Security and errors. The THOLZ SMART HOME Platform was developed according to market standards of quality, security and confidentiality, seeking the Company to always comply with the highest standards of good practices regarding the maintenance of the Service and the security and confidentiality of the data contained therein. However, we do not guarantee that the Platform is perfect or not subject to security failures and operating errors. You declare that you are aware of this and that THOLZ cannot be held responsible for such occurrences, committing the company, on the other hand, to always act diligently to solve any and all security problems, confidentiality or reliability of the Platform in reasonable time.
Equipment or mobile device failures. THOLZ cannot guarantee the absolute security, integrity and confidentiality of the data, personal or not, entered on the Platform in the case of Equipment provided by third parties and devices (mobile or fixed) of the User used to access the Platform, in relation to any type of security failure or vulnerability, related to software or hardware components, whether accidental (errors, bugs, etc.) or intentional (improper changes), whether caused by third parties (malware, code violation, cyber-attacks) or by the User (through procedures that decrease the security of the device, such as jailbreaking or obtaining root access). THOLZ likewise cannot guarantee the security, integrity and confidentiality of the data, personal or not, entered on the Platform in the case of Equipment supplied or produced by THOLZ, in case of failures or vulnerabilities, related to software or hardware components, arising from intentional activity of third parties (malware, code violation, cyber-attacks) or the User (through procedures that decrease device security, change or customization of software or hardware components).
Action of malicious agents. You are aware that, despite all the security we strive to implement, there is no guarantee against the action of hackers, crackers, cyberactivity and other malicious actors who may attempt or wish to breach the Service for fun or for their own- or third-party gain, and you agree that in such cases there will be no liability of THOLZ for the resulting damages.
Specific purposes. You also agree and agree that the Platform was developed for the sole purpose of integrating compatible Equipment and allowing the User to create automated Routines, but that such functionalities, defective or not, do not represent a guarantee of adequacy of the Platform for specific purposes, such as residential security, employee surveillance, environment surveillance, elderly supervision, child supervision, food production automation, automation of remote access to environments, remote business administration, fire safety, flooding and other natural disasters, security against theft, theft and other illegal acts, and any other function or specific purpose that exceeds the functionalities expressly described in these Terms of Use, not having, in these terms, THOLZ, any liability for any damages suffered or caused by the User or third party if the Platform will be used for such purposes.
Availability and Continuity of Service. THOLZ does not guarantee the continuous availability of the Service, which is subject to interruptions due to failure or maintenance, and may still be suspended or canceled by simple prior notification at least thirty (30) days in advance.
We are not liable for any damages you or any third party may suffer as a result of using our Service.
Damages for use of the Service. THOLZ, its affiliates, subcontractors and partners are not responsible for any damages, like physical, moral, aesthetic, economic, accidental, punitive nature, loss of chance, lost profits, loss of data, or any other that you or a third party may experience directly or indirectly related to your use of the Service. You also acknowledge that we are not responsible for any damages arising from, but not limited to: equipment failures; security vulnerabilities in the Equipment or devices accessing the Platform, damage caused by actions or omissions of the User; improper use of equipment and devices; interruptions or errors in the transmission of data over the internet or mobile phone; intervention of any kind of government or even force majeure or fortuitous case. The Service is offered as is and the use made of the Service is the responsibility of the user.
Damage suffered by interference from third parties. THOLZ, its affiliates, subcontractors and partners are not responsible for any damages, being physical, moral, aesthetic, economic, accidental, punitive nature, loss of chance, lost profits, loss of data, or any other that you or a third party may experience due to illegitimate third-party interference with the Service provided.
Right of return. If THOLZ is implicated in any way in extrajudicial charges or any other judicial measure as a result of damages caused by a User or persons for whom the User is responsible, the User undertakes to intervene in the proceedings in process, so as to exempt THOLZ from any possible negative result. Even if such efforts are not enough, THOLZ will have full right of return against its users when the damage to be compensated arises directly or indirectly from the fault of a User.
Surveillance on third parties. You acknowledge and agree that use of the Platform by means that enable you to monitor others, by any of the Equipment, without limitation, but especially by use of connected security cameras, may lead to data collection and privacy violations of these third parties. You hereby declare and acknowledge that in such third-party data collection and processing, YOU ARE THE CONTROLLER OF SUCH DATA and are responsible for obtaining the consent of such third parties for the recording of images, sounds and collection of any other personal data, being YOU equally responsible for full compliance with applicable legal regulations, including those on privacy and protection of personal data. You are aware that using the Platform may result in the monitoring of the activities of your family members, children, spouses, relatives, friends, and other third parties, in addition to employees, employees, employees and/or external contractors, that attend the environments controlled or monitored by the Equipment connected to the Platform, assuming exclusively any and all civil, criminal, labor and tax liability for any and all impacts arising from this control and data collection, including labor debts such as the payment of overtime of employees, if applicable, pledging also to respect the privacy of those third parties, responding exclusively for possible violations.
Access to logs. THOLZ has no obligation to provide and will not provide any logs or logs of connection and access to the application that do not concern the requesting User himself, unless so determined by a court decision.
If you violate these Terms of Use or the Law, we may suspend or cancel your Account. You may also cancel your account at any time. The Service as a whole may be discontinued at the discretion of THOLZ.
These Terms of Use, as a rule, are effective from the registration made by the User until the termination of the Service, whether at the request of one of the parties, by common agreement or by discontinuation of the service.
Termination for contractual or legal breach. If you violate any of the terms of this agreement, the Privacy Policy or the applicable law, THOLZ is authorized, at its sole discretion, to suspend or cancel the offending User's Account.
Termination at the request of the user. If the User requests the termination of his Account, it will be deleted within 30 days of the request, made through the Service's own platform or through the email supporte@tholz.com.br. After this period, all information relating to the User's Account will be permanently deleted, except when such data is collected or processed on other legal bases or when THOLZ is required by law to store certain data.
Our service may change from time to time. Therefore, we may unilaterally modify these Terms of Use at any time. Whenever there is a material change to these Terms, you will be notified through the contact information provided by you, which must be kept up to date in the "I/MY ACCOUNT" panel of the Service. In the notification sent, you will have access to the new text of the Terms of Use, as well as a summary of the changes made. Upon such notice, by continuing to use the Service, you automatically agree to the new Terms as your use of the Service is conditional upon this. If you do not agree with the changes and wish to cancel and delete your account, please send an email to support@tholz.com.br. The updated version of these Terms will always be available at:
https://tholz.s3.amazonaws.com/legal/terms-of-use-en_US.htmlApplicable law. This contract is governed by Brazilian law and is fully applicable to any disputes that may arise regarding the interpretation or performance of this contract, as well as any other dispute that directly or indirectly involves the provision of the services described herein.
Tolerance. Any omissions or mere tolerances of the parties in requiring strict and full compliance with the terms and conditions of this contract or of prerogatives arising therefrom or of law, shall not constitute novation or waiver, nor affect the exercise of any rights, which may be fully and fully exercised at any time.
Independence of the clauses. If a provision is found to be void, the remaining provisions of the Terms will remain in full force and a valid term will replace the null term, reflecting our intent as far as possible.
Choice of forum. In all cases, having exhausted the previous procedure without resolution of the controversy, the parties choose to recognize the competence of the Brazilian State Justice, electing the forum of the District of Curitiba, Paraná, Brazil, and renouncing any other, no matter how privileged.
If you have questions or requests about these Terms of Use, our practices, or our service, please contact: suporte@tholz.com.br
If you need service related to our product, please contact us through our Customer Service by phone through +55 51 3598-1566 or via WhatsApp through the number: +55 51 98921-1569