Policy and Terms

We are committed to ensuring transparency and security in all interactions. Please read carefully to understand your rights and responsibilities when using our services.

CARGO SAPIENS PRIVACY AND SECURITY POLICY

Summary

1. Ownership and Presentation
2. Definitions
3. Contact
4. What Information is Collected and How it is Treated
5. How Data May Be Shared
6. USER Rights
7. Legal Basis for Data Processing
8. Storage
9. Security Measures

1. Ownership and Presentation

A Cargo Sapiens Platform is exclusively owned and managed by CARGO SAPIENS SOFTWARE LTDA., hereinafter referred to simply as CARGO SAPIENS, with address at Avenida Desembargador Edésio Fernandes, n° 148, Room 102, Estoril, Belo Horizonte – MG, CEP 30.494-450, registered in the National Registry of Legal Entities of the Ministry of Finance under no. 28.715.918/0001-36 and email for contact [email protected].

These Terms of Use are intended to guide and establish the rules for the use of the Cargo Sapiens Platform, CARGO SAPIENS' technological solution that aims to optimize the process of quoting, buying and selling international freight through the automation of transactions between USERS, whether they are buyers of international freight and/or sellers and suppliers of international freight logistics.

Through Cargo Sapiens Platform, USERS will have access to several quotes and service provision proposals from other USERS and, based on the analysis of each one, they will be able to choose the one that suits them best, depending on demand, concluding the international charter transaction.

It is important to highlight that other accessory and specific documents of the platform, such as the CARGO SAPIENS Privacy and Security Policy, are an integral and inseparable part of these Terms. https://cargosapiens.com/terms_of_security_and_privacy.html and other specific conditions that may be presented and accepted by the USER tacitly or expressly, as the case may be, throughout the use of the Cargo Sapiens Platform.

 

2. Subject Matter and Definitions

As stated, this document establishes the terms for using the features of the Cargo Sapiens Platform, the definitions below serve to provide the USER with a better understanding of the conditions established herein:

"Agents” is the joint designation of USERS, who choose to transact through the Cargo Sapiens Platform.

“Access Account” is the credential defined by the “login” and password of a registered USER, personal and non-transferable, which allows access to the restricted area and exclusive functionalities of Cargo Sapiens Platform, being able to register as a USER.

"Price" is the calculation of the value of the provision of services by a USER to import and/or export the products of another USER, according to the conditions entered in the Cargo Sapiens Platform. It is taken into account for this calculation, among other factors, the quantity and type of product to be transported, its value, weight, country and address of origin, country and address of destination, freight, taxes charged, currency, time, market price, etc.

"Export" is the transport/shipment of goods from Brazil to other countries.

"Freight" is the amount paid for the transportation, import or export of products determined by the USER's demands.

"Import" is the transport/shipment of goods from other countries to Brazil.

“Intellectual Property” is any and all intellectual property owned by CARGO SAPIENS or a third party that has been licensed and/or authorized for use, such as trademarks, patents, inventions or utility models, industrial designs, technical know-how, trade secrets, illustrations, photographs and/or content of any screen of the Cargo Sapiens Platform or other content that is inserted by any intellectual work or any asset protected by intellectual property rights.

"USER" is any and all individuals who acquire the license and register with Cargo Sapiens Platform in order to optimize international import and/or export logistics transactions. These transactions include the contracting of international import and/or export logistics providers, as well as the provision of services related to international import and export logistics. In other words, USERS are the buyers or sellers of international freight.

 

3. Conditions of Access and Use of the Cargo Sapiens Platform

They will only have access to the features of the Cargo Sapiens Platform USERS who are properly registered on the platform.

At the time of registration, the USER must expressly accept these terms. Therefore, the USER declares to have read and accepted these Terms of Use beforehand.

having started using the Cargo Sapiens Platform and being in agreement with the current version of this.

In case of updates, to ensure continued use of the Cargo Sapiens Platform, it will be essential to accept the new versions.

THE USER acknowledges and accepts that the use of the Cargo Sapiens Platform will be done at your sole expense, responsibility and risk, committing to use it in accordance with these Terms and their accessories, with the current legislation applicable in the Brazilian legal system, morality, good customs and public order.

The USER is not permitted to make unauthorized access to third party accounts, and it is expressly prohibited to use the Cargo Sapiens Platform as a means to carry out acts considered illegal by current applicable legislation and the provisions of this instrument.

The USER must protect his/her access account, not sharing his/her access credentials (login and password) with anyone, making it clear that CARGO SAPIENS will only request them when accessing the Cargo Sapiens Platform. THE USER understands that he/she is exclusively responsible for any consequence, loss or damage caused, directly or indirectly, by any unauthorized activity conducted by him/her, or on his/her account, and is legally responsible in these cases.

If the USER notices any problems with their access account, they must immediately contact CARGO SAPIENS, through the official contact methods listed in item 8 of these Terms, so that the appropriate measures can be taken.

The USER may not use mechanisms other than those expressly enabled or recommended by CARGO SAPIENS to obtain and/or extract information, content and services, nor may they use automated data collection and selection applications to perform mass operations or for any unauthorized or illegal purposes, given that these may affect the security and functioning of the platform.

Considering the need to protect USERS, CARGO SAPIENS reserves the right to block, restrict, disable or prevent any USER from accessing the Cargo Sapiens Platform, in whole or in part, without any prior notice, whenever inappropriate conduct by the USER is found, without prejudice to the administrative, extrajudicial and judicial measures that it deems appropriate.

In the event of non-compliance with this instrument and its accessories, any guidelines provided by CARGO SAPIENS and/or current regulations, CARGO SAPIENS may, at its sole discretion, suspend or even delete the USER's access account, blocking the USER from new registrations on the platform.

 

4. USER Registration

In order to allow access to Cargo Sapiens Platform and its functionalities in full, it is essential to register and fill in the necessary information.

For registration in Cargo Sapiens Platform To be done, the name and corporate email (mandatory fields) and the corporate or personal telephone number (optional field) are initially requested, according to the permissions granted to the Company that hired the employee. Cargo Sapiens Platform and granted access to the USERS.

Upon completing the registration, the USER declares that the information provided is complete, true, current and accurate, and is fully responsible for frequently updating the registered data whenever there is any change.

By registering, the USER will be providing express consent to the collection, use, storage, sharing and processing of data by CARGO SAPIENS and/or third parties hired by it to carry out any procedure or process related to the platform.

The registration of USERS under 18 (eighteen) years of age on the Cargo Sapiens Platform is permitted as long as they are duly accompanied or represented by their legal guardians at the time of registration, due to their civil incapacity.

When registering USERS under 18 (eighteen) years of age, it will be tacitly understood that consent was given by parents or legal guardians, who will be responsible for the content accessed, the information entered and the actions carried out by USERS under 18 (eighteen) years of age, in Cargo Sapiens Platform.

 

5. Cargo Sapiens Platform Features

A Cargo Sapiens Platform It has features that optimize the international freight quotation and purchase process, enabling connections between USERS.

The connection between USERS occurs through Cargo Sapiens Platform, which identifies, among other specifications, the quantity of products, the weight, the country of origin and the country and destination address of a USER's demand. Based on the parameters provided by another USER, the platform calculates the budget for the mentioned import and/or export.

The choice of one USER over another will be made through the Cargo Sapiens Platform, based on the user's own judgment. CARGO SAPIENS does not maintain any additional relationship with USERS, including employment, corporate, service provision or other ties, except to facilitate the connection between international import and export logistics agents, as expressly detailed here.

In view of the above, it is important that USERS understand the relationship they are formalizing through Cargo Sapiens Platform, their rights and duties so that the negotiation carried out between USERS can be concluded successfully.

THE USER declares to be aware that the Cargo Sapiens Platform It only enables the USERS to get closer and optimize the international freight quotation and purchase process, being only the tool for these purposes, with CARGO SAPIENS not having any additional role or responsibility in the relationship to be established between USERS.

USERS expressly agree not to approach, negotiate and/or contract directly the agents approached through the Cargo Sapiens Platform, being any type of contact made outside the platform is expressly prohibited.

If a USER is approached by another outside the Cargo Sapiens Platform, the USER approached must immediately notify CARGO SAPIENS of such fact, through the contact methods listed in item 8, so that the necessary measures can be taken.

Possible contact made possible through Cargo Sapiens Platform, but carried out outside of this instrument, removes any and all rights to the benefits and guarantees offered by CARGO SAPIENS set out in this instrument and its accessories, and the offending USER's account may be suspended or deleted, at the sole discretion of CARGO SAPIENS. Therefore, keep any and all communication to be carried out strictly through the official contact formats between USERS made available by Cargo Sapiens Platform.

 

5.1 Usage Rights by CARGO SAPIENS

The data and information entered by the USER in the Cargo Sapiens Platform automatically generate the right of use by CARGO SAPIENS for the adequate fulfillment of the purposes of Cargo Sapiens Platform. In this way, the USER understands and expressly agrees with the transfer of the rights to use the data, information and images inserted for the purpose of the functionalities regulated in this instrument and made available on Cargo Sapiens Platform can be properly carried out.

5.2 New Features and Updates

In order to maintain the Cargo Sapiens Platform Even more interesting to the USER, new functionalities are implemented and validated continuously, forming an integral part of this instrument. It is also important to clarify that functionalities already available may be deactivated in accordance with technological advances; this does not imply a reduction in the service provided, given the continuous updates and new functionalities proposed for the correct functioning of the platform.

 

6. Price and Payment

A Cargo Sapiens Platform optimizes the international freight quotation and purchase process, bringing together agents involved in international export and import logistics. USERS act independently as autonomous companies, and CARGO SAPIENS does not have any employment/business relationship with them, simply bringing USERS together through its Cargo Sapiens Platform.

The use of Cargo Sapiens Platform and all its functionalities by USERS is subject to the contracting and respective payment of an annual usage license. Cargo Sapiens Platform, under the terms of the Software Usage License Agreement and other agreements, signed between the Company that contracted the services of Cargo Sapiens and this.

The use of Cargo Sapiens Platform by USERS who intend to provide international import and export logistics services regardless of the subscription and payment of a license, under the terms agreed between the parties.

 

7. Deletion of the Cargo Sapiens Platform access account

If the USER chooses to delete his/her account, he/she will be disabled from the system. The USER must be aware that CARGO SAPIENS will store the data provided during the use of the Cargo Sapiens Platform, even after deletion of your respective account, for the purposes of compiling the history of transactions carried out, complying with any legal obligations, resolving disputes and maintaining the security of USERS.

 

8. Communications and Contact

Communications to be carried out by the USER with CARGO SAPIENS, to deal with the Cargo Sapiens Platform, can be carried out through the following channels:

 

The service channels with CARGO SAPIENS operate from Monday to Friday, from 08:30 am to 18:30 pm on weekdays.

CARGO SAPIENS will contact USERS, if necessary, through the data provided at the time of registration and through any data provided through the Cargo Sapiens Platform. CARGO SAPIENS emphasizes that all communication will be carried out securely and only for the purpose of updating USERS about improvements implemented on the platform.

In case of doubts about the authenticity of the contact, the USER must contact CARGO SAPIENS immediately through official channels.

9. Exclusion of Warranties and Liability
9.1 Availability and Continuity of the Cargo Sapiens Platform

In accordance with the limits established in current national legislation, CARGO SAPIENS will not be liable for damages and losses caused to the USER as a result of the unavailability, access failures and lack of continuity of the platform and its services for reasons beyond its control or when it communicates this in advance, out of simple generosity, to the USER.

CARGO SAPIENS seeks to keep the platform always updated, in the best possible way, being accurate and complete, but is not responsible for any inaccuracies, errors, fraud, inaccuracy or discrepancies in the data. If any of the situations listed here are verified, the USER may contact CARGO SAPIENS through the Contact so that CARGO SAPIENS can be informed of the situation and, if necessary, take appropriate measures.

9.2 USER Conduct

Actions performed by USERS through the Cargo Sapiens Platform they are not covered by the responsibility of CARGO SAPIENS, and the USERS are therefore responsible for your own risk when using the data made available on the platform as per the objective they intend to achieve, and must be prepared and attentive to the relationships that build among themselves.

CARGO SAPIENS shall not be directly or subsidiarily liable for damages and losses of any nature caused by other USERS, by third parties or by misuse by the USER himself or for damages and losses of any nature arising from the use of the Cargo Sapiens Platform, due to the lack of veracity, authenticity or inaccuracy of the data provided, given the essential need for verification and prevention by the USER.

CARGO SAPIENS is not responsible for the choices of USERS, who have the freedom to choose and, eventually, not hire any other USERS listed in the Cargo Sapiens Platform.

CARGO SAPIENS does not participate and does not assume any responsibility for the negotiation or adjustment of any issue related to the relationship established by Cargo Sapiens Platform, such as the value of the contract, deadlines and ways of carrying out the demand, only being the means for this information to be initially defined by the USERS, therefore, it is exempt from responsibility for the relationship.

Therefore, CARGO SAPIENS is not responsible for the actions of USERS, especially regarding the quality of services provided, payment, compliance with deadlines and other acts of these, with the USER being directly obliged to comply with what

to which it proposed and to be responsible for what it executed, exempting CARGO SAPIENS from any and all responsibility in this regard.

CARGO SAPIENS' responsibility is limited to providing the platform with the tools and functionalities listed here and made available to its USERS.

CARGO SAPIENS will not be held liable for any direct or indirect damage to USERS or third parties, including their consequences, and, likewise, will not be held liable for loss of profitability, loss of data or non-material damages, related to or originated by connections promoted through the Cargo Sapiens Platform.

It is important to highlight that the connection that Cargo Sapiens Platform proposes to carry out will depend on a series of factors that are not linked solely and exclusively to the platform, and it is certain that CARGO SAPIENS has no control over the external scenarios in which its USERS are inserted, and has no responsibility for them.

Therefore, CARGO SAPIENS will make its best efforts to ensure the location of suitable suppliers and will provide the functionalities and service it proposes; however, it cannot guarantee and is not responsible if USERS that international freight sellers are not within the parameters of effective interest of the USER purchasing international freight, nor that the proposal made by the USER will be accepted, given that the relationship between the parties after the contact between them is made possible is the sole responsibility of the latter, with CARGO SAPIENS being responsible for the necessary support solely for the full functioning of the platform's functionalities.

9.3 Duties of USERS

For the complete experience and use of the Cargo Sapiens Platform and under penalty of being held directly responsible for all legal purposes in the event of non-compliance, the USER must respect the rules defined herein, and must, in addition to everything already stated:

a) Be responsible for the information and data entered in the Cargo Sapiens Platform, considering that any erroneous insertion of content may result in a lack of results or an undesirable result;

b) Not to use the information obtained during the use of the Cargo Sapiens Platform for any purpose other than that for which the information was expressly made available, and must ensure the confidentiality of any and all data and information that it has access to in the relationships acquired by Cargo Sapiens Platform;

c) Be responsible for all content, completeness, veracity and compliance of information entered in the Cargo Sapiens Platform;

d) Be responsible for not violating any of the provisions agreed upon in these Terms or their accessories, rights of other USERS and rights of third parties;

e) Be responsible for compliance with standards, regulations and any applicable legislation in force;

f) Take direct and express responsibility for all negotiations carried out through the Cargo Sapiens Platform;

g) Ensure good relationships with USERS in Cargo Sapiens Platform, being directly responsible for their actions and omissions in using it;

h) Not to approach, negotiate and/or directly hire agents approached through the Cargo Sapiens Platform.

 

10. Personal Data, Privacy and Security

CARGO SAPIENS adopts advanced technological resources to ensure the security of all data and information collected from USERS, such as, but not limited to, WAF, FIREWALL and Regular Penetration Tests. CARGO SAPIENS always cautiously takes the necessary measures to ensure the protection of its USERS and data when they are using the Cargo Sapiens Platform.

For full use of the platform, an access account is required with the registration of some USER data, as defined in these terms.

The data requested when creating the access account is used for management, navigation and consultation of the account itself. Cargo Sapiens Platform, for the security of the USER and CARGO SAPIENS, avoiding fraud in the use of the access account and possible damage to the purpose of the platform's functionalities.

For the USER's greater peace of mind, CARGO SAPIENS guarantees that the personal data and information collected in Cargo Sapiens Platform will not be shared in violation of applicable national legislation.

The use of Cargo Sapiens Platform implies the USER's consent to the collection, storage and use of the company or personal information provided and its updates, traffic data, IP addresses, among others that are necessary to enable navigation and full use of the website's features. Cargo Sapiens Platform.

CARGO SAPIENS has a specific policy to regulate the collection, storage and use of data, as well as its security; the CARGO SAPIENS Privacy and Security Policy https://cargosapiens.com/terms_of_security_and_privacy.html may be accessed at any time and is an inseparable part of these terms.

 

11. Intellectual and Industrial Property

The use of the Brands and any other trademarks is not authorized. Intellectual Property / Information Technology and/or industrial of CARGO SAPIENS by the USER or third parties without the prior and express authorization and approval of CARGO SAPIENS, with all rights regarding these being reserved.

THE USER, when accessing the Cargo Sapiens Platform, you agree that you will respect the existence and extent of CARGO SAPIENS's Intellectual Property rights, as well as all third party rights that are used, in any capacity, on the platform or that may be made available in other ways.

access to Cargo Sapiens Platform and its regular use by the USER does not grant him any right or prerogative over the use of any Intellectual Property, Brand or other content inserted therein.

USERS who violate the prohibitions contained in current national legislation on intellectual property and in these terms will be held civilly and criminally liable for the infractions committed.

 

12. General Conditions

Neither party involved in this contract shall be liable to the other when the non-fulfillment or untimely fulfillment of an obligation provided for in these terms and in their accessories is caused by unforeseeable circumstances or force majeure events, while their consequences persist.

For all legal purposes, during the use of the Cargo Sapiens Platform, the time in the capital of Brazil, Brasília, should be considered official.

If, in an eventuality, CARGO SAPIENS is unable to enforce or comply with any clause or condition contained in these terms and their accessories, such fact will not constitute waiver, tolerance or novation of that clause or condition.

If any clause or condition contained in these Terms and their accessories is declared invalid, in whole or in part, such invalidity shall not affect the remaining clauses of the terms and their accessories. In this case, CARGO SAPIENS shall make the necessary adaptations so that they reflect, as closely as possible, the terms of the provision declared unenforceable.

In case of doubts regarding the interpretation of any conflicting provisions described in this document and the Software Usage License Agreement and Other Agreements signed between the parties, the provision contained in the latter will apply, as it is more specific to the negotiation carried out between the parties.

CARGO SAPIENS' principle of action is respect for the USER, always acting in accordance with the provisions of the Consumer Protection and Defense Code (Federal Law No. 8.078 of 1990), the Internet Civil Framework (Federal Law No. 12.965 of 2014), the General Law for the Protection of Personal Data (Law 13.709 of 2018) and other rules relating to products and services in an electronic environment provided for in our national legal system.

 

  1. Administration, Applicable Law and Jurisdiction

 

A Cargo Sapiens Platform is controlled, operated and administered by CARGO SAPIENS in the city of Belo Horizonte, State of Minas Gerais, Brazil, and can be accessed by any device connected to the world wide web.

In view of the differences that may exist between local and national legislation, when accessing the platform, the USER agrees that the legislation applicable for the purposes of these terms and their accessories will be that in force in the Federative Republic of Brazil.

CARGO SAPIENS and the USER agree that preferably the court of the district of Belo Horizonte, Minas Gerais, Brazil, will be competent to resolve any issue or controversy arising from or resulting from the use of the Cargo Sapiens Platform, with the parties expressly agreeing to try to resolve any and all impasses through negotiation, conciliation and mediation before resorting to the judicial sphere, in favor of a peaceful and amicable solution.

Therefore, CARGO SAPIENS and USERS expressly agree to try to resolve any and all impasses through:

(i) extrajudicial contacts to reach an amicable agreement;

(ii) Extrajudicial Mediation, as a prior and mandatory means to attempt to resolve the impasse;

(iii) and, as a last resort, through legal action, which will still not prevent, at any time, the resumption of the Mediation procedure, in which case the judge will be asked to suspend the respective process for a period sufficient for the consensual resolution of the conflict.