Terms of Use
By this instrument of terms of use, MARTIAL WAVE, hereinafter referred to as SYSTEM, and the SUBSCRIBER, identified in the subscription form completed on the website www.martialwave.com with complete and accurate information, take full responsibility for the accuracy of said information and agree to these Terms. In the case of a corporate account, the account creator’s registration information must be completed by a duly registered legal representative, who will also be responsible for the account’s maintenance. SYSTEM and SUBSCRIBER agree to a subscription for software-as-a-service use under the following clauses and conditions:
1. Zanshin Software, CNPJ 08683340/0001-76, a Brazilian company, the owner of the software-as-a-service (brand, layout, website, and source code) herein subscribed to, authorizes the SUBSCRIBER with non-exclusive rights to use, access, and operate it via the internet.
2. Access and use of the software will be granted to pre-registered users with a personal and non-transferable password. Managing user permissions and ensuring security practices are the exclusive responsibility of the SUBSCRIBER.
3. Storage space for attached files and databases will be provided according to the contracted resources.
4. During the BETA period of the system, as informed on the website and within the system, no charges will apply for SYSTEM use. After the announced and completed period, if the SUBSCRIBER wishes to continue with the SYSTEM, they must choose the desired resources, and the specific conditions (Rates, Terms, Payment Conditions, etc.) listed on the website and SYSTEM menu will become an integral part of these terms.
5. Payment for selected resources will be made in advance (prepaid) for 30 consecutive days of use. No proportional refunds are available, and payment will be made via credit card or another available method by the due date.
6. The SUBSCRIBER, through the responsible person, may adjust the subscription resources at any time through the relevant panel in accordance with current prices. This responsible user will have full access to the system, including the historical log.
7. Packages and their characteristics (such as price, resources, number of users, disk space, etc.) may be modified or discontinued by the SYSTEM without prior notice. Prices may be adjusted annually in June. The SUBSCRIBER has the right to remain on their current plan during the active billing period and must adapt in the subsequent period.
8. Software access will be granted to the SUBSCRIBER following monthly payment confirmation. Training is provided via video tutorials and FAQs available for download or online viewing. Support is provided exclusively via email, with a response time of up to 72 hours.
9. Prompt payment of monthly fees is required to ensure software access for the SUBSCRIBER; access may be blocked by the SYSTEM in case of any late payment without prior warning or notification.
10. These terms of use are effective for an indefinite period.
11. These terms may be unilaterally terminated by either party at any time, through non-payment of the subsequent monthly fee by the SUBSCRIBER, thus canceling their subscription.
12. These terms of use will automatically be canceled in cases of access blocking exceeding thirty days.
13. The SYSTEM is responsible for daily backups of SUBSCRIBER data, maintaining only the most recent for internal use.
14. The SYSTEM will provide an updated backup of raw data upon request from the SUBSCRIBER in .CSV format (excluding attachments), available only to the subscription’s responsible person and not restorable within the SYSTEM.
15. In the event of cancellation, all data held by the SYSTEM on behalf of the SUBSCRIBER will be deleted, including in cases of termination for non-payment/blocking.
16. Any leniency on the part of the SYSTEM regarding penalties, charges, or the exercise of privileges stated in these terms will be considered mere courtesy and will not result in a waiver or modification of contractual obligations or constitute a right in favor of the SUBSCRIBER.
17. The SUBSCRIBER is prohibited from:
a) Transferring the software-as-a-service to another person or entity.
b) Sub-licensing, renting, or leasing any portion of the software-as-a-service.
c) Reverse engineering, decompiling, disassembling, modifying, translating, or attempting to discover the source code of the software-as-a-service.
d) Creating derivative works from the software-as-a-service.
e) Using the software-as-a-service in any way unauthorized by this license.
f) Transmitting or storing any information, data, or material that violates any Brazilian federal, state, or municipal laws.
18. The SUBSCRIBER is responsible for any copyrighted, intellectual property, or proprietary materials used or uploaded to the server hosting the software-as-a-service.
19. The SYSTEM is not responsible for internet access quality or any network or line issues that may hinder access to the software-as-a-service.
20. The SYSTEM is not responsible for any damages, material or non-material, resulting from misuse of the licensed product, equipment defects, or unauthorized or fraudulent access to the system by third parties.
21. The SUBSCRIBER shall take all measures within their power to prevent unauthorized access to the software-as-a-service, adequately protecting their username and password, and maintaining their devices and systems free of viruses, worms, malware, or other threats that may compromise the security of electronic transactions between their systems and those of the SYSTEM.
22. The SYSTEM reserves the right to create new features or additional services that may be charged separately. Any improvement suggestions made by the SUBSCRIBER do not imply compensation, ownership, or any payment by the SYSTEM.
23. The SYSTEM agrees to maintain software access under SSL encryption protocol.
24. The SUBSCRIBER acknowledges that the SYSTEM hosts the software on servers located in a third-party data center or platform-as-a-service (cloud) and does not have technical or administrative access to directly intervene in its infrastructure in cases of downtime or access issues. However, the SYSTEM agrees to employ specialized personnel for server maintenance and management of the hired platform-as-a-service (cloud).
25. The SUBSCRIBER authorizes the SYSTEM’s designated personnel to access registered data and files for troubleshooting, assistance with form completion, record location, or verification of access history and logs, without data editing capabilities.
26. The SYSTEM will not provide, disclose, or make available to third parties the data and information registered by the SUBSCRIBER in the software, and in case of malice, will be liable for any resulting damages.
27. The SUBSCRIBER is responsible for any data they export from the system, whether in the form of reports, spreadsheets, documents, backup, or API integration with other services/systems.
28. The SUBSCRIBER must be aware of our company’s Privacy Policy available on the official software-as-a-service website.
29. By completing registration, the SUBSCRIBER authorizes receiving newsletters with system usage tips via email and may request to be removed from the list.
30. In the case of payment integration for billing purposes, the SUBSCRIBER is aware that they must read all instructions in our Help Center, particularly the following points:
a) The SYSTEM only sends and receives billing information to the configured payment method, retaining no monetary value.
b) Any direct changes to the SUBSCRIBER’s account on the payment method will not reflect on the SYSTEM.
c) Changes made to entries with open invoices, if not updated on the invoice, may result in incorrect amounts or unprocessed payments.
d) If the payer of an invoice generated by the SYSTEM makes multiple payments of the same invoice or manages to alter the invoice, the SYSTEM will not adjust for these changes.
e) Security of access to the SUBSCRIBER’s payment method account is their sole responsibility.
f) Any errors in processing by the payment method do not imply SYSTEM responsibility, as it has no authority over third-party processes.
g) If the SYSTEM sends the payer an email with the payment link but cannot guarantee email delivery due to each provider’s reception and spam filtering rules.
31. These Terms of Use may be modified at any time, with notification sent to the SUBSCRIBER’s registered email or via internal notice within the system, with the latest version available on our website. The use of the software-as-a-service after the update constitutes acceptance.
32. The chosen jurisdiction for any actions related to these terms of use is the District of TeutĂ´nia, RS, Brazil.
Published on December 10, 2024.