Terms and Conditions
Last updated on September 21, 2023
in collaboration with Attorney Rodrigo Filardi
1. Terms of Use
These Terms of Use, including the Privacy and Security Policy, govern access to and use of all WLabs Systems/Platforms.
For the purposes of interpreting these Terms of Use, the following definitions apply:
- "WLabs": Set of Systems/Platforms that provide functionalities for Users; in these Terms of Use, "WLabs" has as reference system the WBudget (www.wbudget.com.br) system;
- "Client": Person duly registered as a subscriber to the Platform (after having contracted one of the plans and feature packages);
- "Document": file generated and/or uploaded to the Platform to be signed and/or shared electronically.
- "User – Signer": person who uses the Platform to sign a Document.
- "User": Client, Signer, Agent and other persons who use the Platform by any means.
Once accepted, these Terms of Use will govern the relationship between the User and WLabs, establishing rights, obligations and other important aspects for the use of the services and functionalities offered.
Acceptance of these Terms of Use
By accepting these Terms of Use, the User declares having read and understood all the content, having no objection, automatically accepting these terms, as well as the attached privacy and security policy.
Your full acceptance is an indispensable condition for registration and use of the functionalities offered by WLabs.
Updates to these Terms of Use
At any time, these Terms of Use may be updated with modifications to their content. In this case, the User will be informed and invited to accept the changes.
Acceptance of any changes to these Terms of Use is an indispensable condition for maintaining registration and/or use of the functionalities offered by WLabs.
If you do not agree with any modification or update to these Terms of Use, the User should contact us via email contato@WLabs.com.br. We will do our best to clarify your doubts.
2. Privacy Policies
These Privacy Policies establish how we use and protect all information you provide when interacting with this platform.
Information Collected
To access the services and functionalities offered by WLabs, you must register in our system providing information such as email address, full name, company data, address and contact phone number.
The Personal Data collected, according to this Policy, is used for the following purposes:
- Fulfill our obligations to the client;
- Comply with applicable legal and/or regulatory requirements;
- Provide you with our products with the best experience and usage customization;
- Notify you about any changes to our products;
- Reinforce our security and protection procedures;
- Perform internal operations, including Customer support, problem solving, satisfaction surveys, data analysis, testing, research and statistics;
- Detect and prevent fraud.
WLabs does not share, transfer or commercialize your data with third parties.
Use of Cookies
WLabs may use cookies or other similar techniques to store your preferences or customizations in our system.
Your rights as a personal data holder
The General Personal Data Protection Law (LGPD) grants a series of rights to data holders. As a holder, you may request from WLabs according to the law: confirmation of processing, access to data, correction of incomplete or inaccurate data, anonymization, blocking or deletion of data, portability, information about shared use of data, right not to consent, revocation of consent, opposition to data processing and review of automated decisions.
Updates to this Privacy Policy
This Privacy Policy may be modified at any time. In such case, you will be informed and invited to accept the changes.
Acceptance of any changes is an indispensable condition for maintaining your registration and use of the functionalities offered by WLabs.
In case of disagreement, you should contact us via email contato@WLabs.com.br. We will do our best to clarify your doubts.
Once accepted, these Privacy Policies will govern the relationship between you and WLabs, establishing rights, obligations and other important aspects for the use of services offered by our platforms.
3. Use of Our Services
The use of our services or functionalities does not grant the User intellectual property or right to use the trademarks, logos or content used by WLabs.
WLabs does not allow the use of services and functionalities for purposes prohibited by current legislation.
The services and functionalities offered are support tools for the User or their business, without guaranteeing specific results or performance levels.
All content, information and documents generated or inserted by the User are their sole responsibility, as well as the way of using WLabs services.
The User undertakes to ensure the accuracy, truthfulness and updating of all information or documents provided.
After registration on the Platform/System, the Client will have access to functionalities through exclusive "login" and password. The Client is solely responsible for their use and must protect this information.
WLabs will not be responsible for damages arising from improper use of the User's account.
The Client acknowledges and accepts that:
- Document generation and authentication procedures are adequate for their purposes;
- They are responsible for verifying the identity of all Users – Signers;
- The Platform guarantees confidentiality, integrity and authenticity;
- Documents must be considered as original and complete;
- The Platform provides a reliable record of flow, content and actions on Documents;
- They are solely responsible for keeping their payment methods updated.
Authorizations for Signature of Users – Signers
The User – Signer acknowledges that by signing a Document, they authorize WLabs to record their authentication data, IP and related events as an integral part of the Document ("Log").
The User – Signer acknowledges that their signature means that:
- They had regular access to the Document and opportunity to examine it;
- Their capacity is reflected in the qualification of their signature;
- They signed with intention for all purposes indicated in the Document.
They also declare that they have the rights to sign the Document and, in case of representing a minor, that they have proper authorization.
Use of Services and Functionalities in Testing Phase (Beta Version)
The Beta Version corresponds to functionalities under development. It is not considered a final version and may contain errors or limitations.
The Client participating in tests acknowledges that Beta products may not be stable and accepts the risks of use. WLabs is not responsible for damages or losses arising from the use of a Beta Version.
WLabs reserves the right to modify, abandon or limit any Beta functionality at any time.
4. Security and Data Protection
Security Practices
All information traffic is performed using 256-bit data encryption – SSL. Thus, you will see in your browser's URL the HTTPS prefix (Hyper Text Transfer Protocol Secure), which provides an additional layer of security for you.
Our servers are protected by an edge firewall, being accessible only internally, in our facilities, and only by duly authenticated users.
If desired, the Client may request that access to the System be restricted to a specific range of IPs (service subject to prior contracting and payment of additional cost).
Front-End components and Back-End rules are developed using prevention techniques against DDOS attacks, DNS cache poisoning, Cross Site Request Forgery and Network Sniff.
All requests to servers are pre-validated through encrypted access Tokens with dynamic SALT, which contain browser information, IP and date of last access, preventing Session Hijacking type attacks.
All requests associated with transactions containing sensitive data are authenticated at server and database layers.
To prevent brute force attacks, there is a limit on successive login attempts.
All Front-End source code is obfuscated with a high level of compression, further raising the System's security level.
Our emails will always be sent from senders ending in @wlabs.com.br. If you receive emails from other senders, contact us at contato@wlabs.com.br.
In addition to the mentioned practices, WLabs uses other methods and technologies to ensure the security of its Systems/Platforms. However, for security reasons, these methods are not detailed.
Data Protection
WLabs works in partnership with Amazon Web Services (AWS), the world's most adopted and most comprehensive cloud platform.
Data is stored on encrypted disks installed in redundant (mirrored) machines in geographically distributed data centers. This strategy provides WLabs Systems with an availability level comparable to the largest companies in the market.
Additionally, WLabs has local servers that perform daily backups (during non-business hours) of all system data. In extreme cases (permanent failure of all datacenters), clients may be offered data recovery up to the date of the last backup, upon request and prior payment of operational cost.
If the Client wishes, WLabs also offers daily database backup service, with automatic sending to a Client's Google Drive folder (service subject to prior contracting and additional cost).
5. Payment
To access the functionalities offered by WLabs platforms, the User must select a subscription plan and one of the available payment methods: bank slip or credit card (in the latter case, they must associate a valid card to their account).
Subscription plans can be contracted monthly or annually. In the annual plan, the Client may benefit from special discounts.
Plan values may be adjusted annually, with a maximum ceiling of 20% (twenty percent) per year, regardless of the contracted modality. WLabs undertakes to notify the Client at least 30 (thirty) days in advance of any adjustment.
The new adjusted values will take effect from the renewal of the current subscription.
The Client may change the plan or payment method at any time, adapting to the new chosen conditions.
If payment is made via bank slip, functionalities will only be released after bank clearance, which may take a few business days.
The Client can update their credit card by accessing the "My Cards" field and following the instructions.
The Client is solely responsible for paying their slips or updating their card, thus avoiding problems that prevent regular collection.
Failure to pay will result in immediate suspension of access to Platform functionalities until regularization.
The Client has up to 90 (ninety) days to regularize payment, otherwise their data may be permanently deleted.
Free Trial
Plans may include a Free Trial period, with duration and specific conditions informed on WLabs websites.
To use the Free Trial, the User must register and accept the Terms of Use and Privacy Policy.
During the Free Trial, the User can subscribe to any available plan by accessing the "My Subscription" menu.
At the end of the Free Trial period, the User must choose a plan to continue using the services.
If a plan is not contracted after 7 (seven) days from the expiration of the Free Trial, the account may be permanently deleted.
Cancellation of Contracted Plan
The Client may cancel their subscription at any time. In this case, they will have access to functionalities until the end of the contracted period.
To cancel, simply access the My Account menu and follow the instructions.
Cancellations before the end of the billing cycle do not entitle refunds, but access will be maintained until the end of the subscription period.
After 90 (ninety) days from cancellation, stored data/documents may be permanently deleted.
6. Account
Intellectual Property
The User acknowledges and accepts that all technological resources of the Platform are and will remain the sole and exclusive property of WLabs.
Warranties and Liability
The User is solely responsible for determining whether the use of the Platform is adequate and sufficient for their objectives, thus assuming all risks arising from its use, including, but not limited to, the lack of probative value of certain Documents. WLabs is not responsible for ensuring that Documents are considered valid, have probative value or are enforceable according to the laws of any jurisdiction. In case of doubt about the validity or enforceability of any Document, the User should obtain appropriate legal guidance from an authorized attorney.
WLabs does not perform prior control nor monitors the content of any Document. Therefore, it has no control over the accuracy, quality, security, legality, truthfulness, authenticity or precision of Documents or other content submitted by the User.
WLabs cannot be held responsible for acts of third parties or for failures or inoperabilities that may occur on the Platform.
WLabs does not act as a witness, guarantor or party to any term, agreement, business or any other type of relationship formalized in a Document between Users, and will have no responsibility regarding the validity, performance, result or enforceability of those Documents and/or businesses.
In no case will WLabs be responsible for omission or malpractice of a party when generating and electronically signing any Document and/or for any loss or damage related.
If any law, regulation, term or other obligation requires compliance with certain conditions or disclosure of information about an electronic document, electronic message or electronic signature that are not contemplated or performed by WLabs, the User agrees not to use the platform for such documents. WLabs does not intend to comply with all conditions applicable to all types of documents. The User is fully responsible for determining for which documents the electronic signature offered by the platform is suitable.
WLabs will have no liability in relation to any dispute between Users/parties of a Document signed on the platform. Furthermore, WLabs will not be obliged to facilitate or mediate any dispute between Users.
The User acknowledges and accepts that, in no case, WLabs will be responsible for claims, losses or damages arising from or related to:
- the use of the platform or the User's malpractice and lack of understanding when using the platform;
- instabilities or inoperabilities of the Platform;
- unauthorized access to the Platform or unauthorized use of the Platform;
- the use of equipment, Internet browser and communication systems to access or use the Platform;
- errors, computer viruses (trojan horse, worm, time bomb, cancelbot, among others) or similar problems transmitted through the Platform by Users or third parties;
- the User's omission in complying with these Terms of Use.
The User acknowledges and accepts that, in no case, WLabs will be responsible for material, moral damages or other losses of any nature, nor for loss of business opportunities, loss of profits, business interruption, computer failures, loss of business information or other similar losses or damages, resulting or not from the use of WLabs Platform, regardless of forum and legal basis.
The User undertakes to exempt and indemnify WLabs against any claim, demand, loss, damage and/or expense (including investigation expenses, defense, reasonable attorney fees and court costs) arising from any breach of these Terms of Use, law, regulation or third party rights by them or by related third parties.
Account Ownership and Control
The service provided by WLabs is contracted by the paying entity, which maintains ownership and control of the account during the contract term. In case of changes in the employment status of the person(s) designated to manage the account, the paying entity must designate a new administrator and formally notify WLabs. The transfer will be carried out through a verification process to ensure safe and authorized service continuity. WLabs may request additional documentation to confirm changes. Personal data of previous administrator(s) will be processed according to applicable laws.
Services Provided by Third Parties
Some functionalities offered by WLabs require APIs or other third-party services for proper functioning, such as auto-completion of ZIP code, CPF or CNPJ data, or the use of Artificial Intelligence for content or information generation.
Such services are not owned or managed by WLabs.
The User is solely responsible for determining whether the use of such functionalities is adequate for their objectives, assuming all risks arising from their use. WLabs is not responsible for the content, privacy policies or practices of third-party services.
We recommend reading and evaluating the terms and privacy policies of third-party services used on our platforms.
Modification, Suspension or Termination of Services
WLabs wishes to offer the best possible experience to the User in using its platforms.
We are committed to constantly seeking fast and secure solutions for problems related to our services.
However, it is important for the User to understand that instabilities or suspensions of functionalities may occur and that, in some cases, rapid problem resolution does not depend exclusively on WLabs.
WLabs is not responsible for instabilities, suspensions or interruptions in service provision, even if they generate data loss, information or damages to the User or their business.
WLabs reserves the right to include, modify, suspend or stop offering, totally or partially, plans, services or functionalities.
If WLabs decides to permanently stop offering a functionality, it must notify Clients at least 30 days in advance.
If WLabs decides to permanently cease operation of a System/Platform, it must notify at least 180 days in advance, offering a complete and free backup of all data.
If the User wishes to cancel the use of services, they should contact us via email contato@WLabs.com.br.
7. Development of New Features
The development of new features refers to the creation and integration of tools, resources or custom adjustments in WLabs platforms and systems, according to a previously defined scope formalized in a specific contract.
The deadline for completion will be established in the contract and may be revised if there are changes in scope.
WLabs undertakes to:
- Develop features according to the agreed scope, complying with security standards and current legislation, including LGPD.
- Provide technical support during the stipulated warranty period.
- Guarantee client data confidentiality for 5 years after contract completion.
Intellectual property of developed features will belong to WLabs, which may integrate them into its platforms and make them available to other clients.
WLabs does not deliver source code nor grant exclusive rights over features, as it operates in SaaS model.
8. Implementation Services
The implementation service consists of incorporating features developed by WLabs, including importing client data and general platform configuration, according to formalized contract.
Implementation includes:
- Integration of features into the system;
- Environment configuration;
- Data migration;
- Platform adaptation to client needs.
8.1 Client Responsibilities:
- Provide all necessary information and resources.
- Ensure information is complete and accurate.
- Make stipulated payments within agreed deadlines.
- Inform WLabs about inconsistencies or errors during implementation.
- Attend alignment and review meetings.
WLabs offers technical support for 30 days after delivery. Subsequently, additional services will be contracted separately.
If the client does not attend meetings, the service will be considered completed in its current state. If WLabs does not attend sprints, the amount will be fully refunded.
9. Marketplace
WLabs provides a Marketplace integrated into its platforms, where users can explore, contract and manage additional features and custom services to optimize their solutions.
The Marketplace offers two service modalities:
- Ready-to-Use Feature Packages: Additional features already developed, available for immediate contracting. The corresponding value is added to the user's monthly or annual subscription.
- Custom Development and Implementation Services: Individual packages that include development of new features, implementation and data configuration according to client needs. These services are billed separately, with values and deadlines defined in specific contract.
Access to the Marketplace is subject to WLabs Terms of Use and Privacy Policies. By contracting any feature or service, the user accepts the payment conditions, support and responsibilities described in respective contracts or adhesion terms.
WLabs reserves the right to add, modify or remove features and services from the Marketplace at any time, without prior notice, ensuring compliance with contractual obligations already signed.
10. Legal Validity of Electronic Signatures on Private Documents
An electronic signature, also known as e-signature, is a digital representation of a person's signature used to authenticate documents and indicate the signer's intention to be bound by its content. These signatures can be applied to various types of electronic documents and other business-related documents.
It is important to note that the legal framework for electronic signatures may vary from country to country. However, there are several international agreements and laws that provide a solid foundation for the recognition and applicability of electronic signatures in cross-border transactions.
These legal frameworks seek to eliminate barriers to electronic commerce and establish level playing conditions for businesses involved in international transactions. They recognize the validity and applicability of electronic signatures, granting them the same legal status as handwritten signatures in most cases.
One such agreement is the Model Law on Electronic Signatures of the United Nations Commission on International Trade Law (UNCITRAL), which serves as a guide for countries to develop their own legislation on electronic signatures. Many countries have adopted laws based on or inspired by this model law, ensuring legal recognition of electronic signatures.
WLabs prioritizes the security and legality of electronic signatures in all our platforms and solutions. We use secure and reliable cryptography, complying with relevant international standards and regulations, ensuring the integrity of signed documents and providing a tamper-proof audit trail for greater security.
If you have any questions about the legal validity of electronic signatures in international commerce or about our specific procedures, do not hesitate to contact our customer support team. We are here to help you and provide the necessary information to facilitate your business transactions.
Applicable Legislation and Jurisdiction
This Term is governed by the laws in force in the Federative Republic of Brazil.
The parties choose the jurisdiction of the district of Belo Horizonte/MG to resolve any controversy related to this Contract, waiving any other, however privileged it may be.