Terms of Use
Updated in September 2024.
These Terms of Use, including the Privacy and Personal Data Protection Policy, incorporated here (the “Platform Terms” or, simply, “Terms”), regulate access to and use of the Clicksign Platform.
1. Definitions. In this instrument, the following definitions apply to terms beginning with capital letters:
“Clicksign”: Clicksign Document Management S.A., registered with the CNPJ/ME under number 12,499.520/0001-70.
“Customer”: individual or legal entity that creates an account on the Platform to take advantage of the features, functionalities and services offered, depending on the contracted License Plan.
“Document”: file uploaded to the Platform to be signed electronically.
“Beta Features”: new features developed by Clicksign and offered to Customers for testing.
“AI functionality” has the meaning given in clause 14 of these Terms.
“Log”: has the meaning set out in clause 43 of these Terms.
“License Plan”: means the Platform functionality package contracted by the Customer, including the package made available free of charge by Clicksign during the trial period, as applicable.
“Platform”: means the digital environment developed by Clicksign, including the systems, applications, processes and networks administered by Clicksign accessed at the electronic address https://www.clicksign.com or through integration with Customer systems.
“Intellectual Property”: means all intellectual property rights, titles and interests, copyrights and assets inherent to or related to the Platform, in Brazil or abroad, existing or that may exist, including, but not limited to, (i) patents, patent applications, patent rights, licenses, inventions, copyrights, know-how (including trade secrets and other proprietary or confidential information, systems, or procedures that are patented and/or not patented); (ii) trademarks, trademark registrations, service marks , service mark registrations, trade names; (iii) software, copyrights; and (iv) designs, projects, art, texts, images, videos, informational material, and any other proprietary rights of any kind.
“Signer”: an individual who uses the Platform to sign a Document.
“Authorized User”: an individual authorized by the Customer to use their Account on the Platform to, depending on the degree of access granted, create, upload, send, receive, access, archive, delete, download and manage Documents.
“You or “User”: refers to any and all users of the Platform, be they the Customer, their Authorized User and/or the Signer.
ACCEPTANCE AND MODIFICATION OF PLATFORM TERMS
2. Platform Terms. By using the Platform and/or any of its functionalities, You, whether as a Signer, as a Customer or Authorized User, confirm that you have read, understood and accepted the Platform Terms in their entirety, without any modification. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE THE PLATFORM.
3. Modification of the Platform Terms. From time to time, Clicksign may, in good faith, update the Platform Terms to meet any legislative changes and/or reflect changes to the Platform, features and/or functionalities. Clicksign will always keep the updated version of the current Terms available on its website and any changes will be notified to You through the Platform. If You continue to use and/or in any way access the Platform after the publication of the new version of the Terms, You will be considered to have become aware of and agreed to the new version of these instruments.
CONDITIONS FOR ACCESSING AND USING THE PLATFORM
4. Access conditions. To use and access the Platform, You expressly declare that: (i) you are over 18 (eighteen) years of age and/or are legally capable of consenting to the terms, conditions, obligations, statements, representations and guarantees described in this instrument and will obey and comply with them; (ii) you are authorized to agree and assume the obligations established in the Platform Terms on behalf of the organization, company or entity that you represent, if applicable; and (iii) you will only use the Platform for legal purposes and in accordance with the Platform Terms. YOU WILL NOT BE ABLE TO USE THE PLATFORM IF YOU ARE UNABLE TO MAKE SUCH STATEMENTS.
5. Use License. By accepting the Platform Terms, Clicksign grants You a limited, revocable, non-exclusive and non-transferable license to access and use the Platform, subject to compliance with the rules established in the Platform Terms and subject to the applicable business conditions. The license to use the Platform is limited to the purposes for which it is intended and for its exclusive purposes.
6. Account creation. To use the Platform as a Customer, it will be necessary to create an account on the Platform, upon registration of Customer information. The Customer expressly declares that all information provided to Clicksign to register their account is true, accurate and correct.
7. Accuracy of information. Clicksign may use any legally permitted means to identify you, and may request additional information from the Customer at any time to complete your registration on the Platform.
If the registration is incomplete or inaccurate or Clicksign understands that the Customer is using the Platform in disagreement with these Terms, the Customer's account on the Platform may be suspended or even canceled. The Customer is solely responsible for keeping their registration details always updated and under no circumstances can Clicksign be held responsible for the suspension or cancellation of the Customer's account due to non-compliance with this provision.
8. Access to the account. Access to the Platform account is through a login and password. You should always choose strong passwords and protect them, not disclosing them to unauthorized third parties. You are solely responsible for your login, for your password, and for any activity conducted through your account on the Platform. The Customer must notify Clicksign immediately via email ajuda@clicksign.com if you become aware of any misuse or unauthorized use of your account. Clicksign will not be responsible for any damages, pecuniary or off-balance sheet, resulting from the misuse of your account by third parties, regardless of your consent or knowledge.
9. Authorized Users. The Customer may register Authorized Users to use the features and functionalities of their account, according to the contracted License Plan. Each Authorized User must be individually identified by a unique email address and username, and the sharing of a user profile between two individuals is prohibited.
10. License Plan Renewal. Subject to specific contractual conditions, the License Plans will be automatically renewed for the same contracted periods, unless: (i) a cancellation request is expressly made by the Customer; and (ii) Clicksign decides to close the Customer's account in the cases provided for in the Platform Terms.
FUNCTIONALITIES AND FEATURES OF THE PLATFORM
11. Platform. The Platform is licensed “as is” and “as available” and its functionalities are made available to you in accordance with the License Plan contracted by the Customer. Clicksign reserves the right to update, change, add or remove any functionality and/or part of the Platform, at any time, without prior notification. Any substantially material change affecting the use of the Platform for the purposes contracted above will be informed to the Customer through the Platform. THE PLATFORM DOES NOT INTEND TO COMPLY WITH ALL THE REQUIREMENTS THAT MAY APPLY TO THE SIGNING OF ALL TYPES OF DOCUMENTS IN ALL JURISDICTIONS. It is up to You to evaluate the type and appropriateness of the electronic signature to be used to sign your Document.
12. Operability. Due to the nature of the functionalities offered on the Platform, Clicksign cannot guarantee that the Platform will be available and accessible uninterruptedly. Clicksign may also, when necessary and at its sole discretion, restrict the availability of the Platform or certain functionalities, considering possible limitations on the capacity and security of its servers or to carry out maintenance or improvement measures for the Platform.
13. Beta Features. Clicksign is constantly updating and improving the Platform. From time to time, Clicksign may release new features on the Platform and offer them for a certain period to be tried (the “Beta Features”). Clicksign will not be responsible for maintaining the performance and continuity of the Beta features and may charge for the use of the same. By agreeing to test such functionalities, You agree that we may contact you to collect your opinion.
14. Artificial Intelligence Features (“AI functionality”). By using our AI Functionality, in addition to the other provisions contained in these Terms, You declare to be aware and agree that:
(i) Our services may use third-party software and services, which will be governed by their own terms and conditions. Do not use the AI Functionality on Documents that contain information that you do not want to share with third parties;
(ii) Given the nature and constant evolution of technology, the content generated by the AI Functionality may contain incomplete or inaccurate information. You must evaluate, review, and approve all content obtained through the use of the AI Functionality and/or seek professional advice before using it. The content generated by the AI Functionality should not be considered as a professional recommendation in any area or nature. You are aware that you are using the AI Functionality at your own risk and Clicksign has no responsibility for the result generated by the IA Functionality; and
(iii) You are the sole responsible and owner of the information that will generate the content of the AI Functionality and the result obtained by its use. For this reason, you must have all permissions to use this information.
15. Trial period. If the Customer requests a free trial of the Platform or signs up to take advantage of any Clicksign offer for a limited period of time, it is possible that not all the functionality of the Platform is available in the trial version. Clicksign may change, reduce, or end a trial period without notice.
PAYMENT
16. License Plan. The prices and features made available to the Customer and the number of Authorized Users to use an account will be determined by the License Plan contracted by the Customer. Clicksign reserves the right to change the functionalities provided in a License Plan, as well as the value of its License Plans, at any time, without prior notice.
17. Additional resources. The Customer may choose to use additional features or services offered by Clicksign, which will be charged as contracted.
18. Forms of payment. When contracting a License Plan, the Customer must choose an available payment method, such as: credit card or bank slip. By selecting a payment method, the Customer authorizes Clicksign or contracted third parties to charge, on a recurring basis, the price of the selected License Plan, the applicable taxes and any other additional charges related to the use of the Platform. This authorization will remain in effect until the Customer requests the cancellation of their account on the Platform. The Customer is solely responsible for any and all fees charged by their credit card issuer and/or financial institution. It is the Customer's responsibility to update their data with Clicksign, in order to ensure continued access to the Platform.
19. Billing cycles. The amounts due for the use of the Platform and its functionalities and resources are charged by Clicksign according to each billing cycle. If a billing cycle covers less than a full month, the amount charged will be calculated on a pro rata basis. Alternatively, and at Clicksign's sole discretion, charges related to a particular billing cycle may be accrued and charged as an added value at the end of another billing cycle.
20. Corrections to invoices. All License Plans provide consumption reports for Customer control. If any error or inconsistency is identified in a charge, Clicksign may correct the amounts of an invoice already issued and/or even paid. At the same time, the Customer agrees to notify Clicksign in the email faturamento@clicksign.com, regarding any billing problems or discrepancies within 60 (sixty) days from the date the invoice was sent, and request appropriate correction. After this deadline, the Customer declares that he agrees with the amounts invoiced and waives the right to contest any amounts.
21. Charges and penalties. The delay in any of the agreed payments, under the sole responsibility of the Customer, will result in a monetary adjustment by the IPCA index plus a non-compensatory contractual fine on the default amount of 2% (two percent), plus interest of 1% (one percent) per month. In these cases, Clicksign may suspend the use of the Platform in whole or in part, until the payments are settled.
INTELLECTUAL PROPERTY
22. Clicksign Intellectual Property. You acknowledge and agree that Clicksign's Intellectual Property is and will remain the sole and exclusive property of Clicksign or its licensors. The use of any Clicksign Intellectual Property without the express consent of Clicksign is strictly prohibited. Any use without the prior and express consent of Clicksign will subject the User to civil and/or criminal liability, as applicable.
23. Developments and Improvements. Any feedback, suggestion, or comment made by You to Clicksign will be considered voluntary, non-confidential, non-exclusive, and copyright-free. Clicksign is free to use this feedback, suggestion, or comment at its convenience and without any obligation of any kind. All changes, modifications, developments, creations, improvements made by Clicksign on the Platform are the exclusive property of Clicksign and its successors in an irrevocable capacity, for the purpose of intellectual property and property rights deriving from works protected by the Copyright Law (Law No. 9,610/98).
24. Use Restriction Seal. You declare that you agree and undertake not to perform any act that could limit the licensing, use, sale and/or assignment by Clicksign of your Intellectual Property and its modifications and/or extensions.
25. Revocation. In the event that You have access to any Clicksign Intellectual Property, including but not limited to the Platform's source code, Clicksign, at its sole discretion, reserves the right to delete or to require You to stop using and/or erase such Clicksign Intellectual Property and/or any copies that are in your possession or under your control, and Clicksign may require proof of said deletion, without prejudice to the demand for losses and damages, in cases of violation of Clicksign's rights.
26. Third-Party Complaints. You are aware of and agree to compensate Clicksign for any third-party claims for violation, misappropriation, or other violation of third party intellectual property rights when such claims are made against Clicksign because of integrations, documents, forms, and/or templates used, uploaded and/or signed on the Platform.
STATEMENTS, WARRANTIES, AND RESPONSIBILITIES
27. Statements and guarantees from the Customer and its Authorized Users. The Customer and its Authorized Users acknowledge and agree that:
(i) are solely responsible for knowing and complying with applicable legislation, including but not limited to intellectual property, privacy and data protection rules and regulations that regulate contracts and the validity of electronic signatures in the jurisdictions in which they are located;
(ii) the Platform provides a degree of confidentiality, security, privacy, integrity, availability, and authenticity appropriate for its purposes;
(iii) are responsible for being diligent in verifying the identity of each Signer;
(iv) the Customer is solely responsible for registering Authorized Users in their account and for the regular use of the Platform by their Authorized Users, in accordance with the Platform Terms;
(v) the Customer is solely and exclusively responsible for the content of the Documents signed through the Platform. Clicksign does not carry out legal or any other analysis of the Documents and has no influence over their content or purpose;
(vi) the Documents uploaded to the Platform are complete, accurate and true and reflect the entirety of their content and must be qualified as original;
(vii) are solely responsible for ensuring that the Document uploaded to the Platform is free of errors, viruses, or similar problems;
(viii) are solely responsible for selecting and defining the type of electronic signature and authentication method to be used in the Document and for the intended purposes, and are solely responsible for evaluating the appropriateness of using the Platform for signing Documents, according to the legal requirements necessary for their proper acceptance and possible registration in the appropriate spheres;
(ix) Clicksign is not responsible for ensuring that the Documents are considered valid, have probative value, or are enforceable in accordance with the laws of any jurisdiction. In case of doubt regarding the validity or enforceability of any Document, the Client must obtain appropriate legal guidance from a qualified lawyer;
(x) Clicksign is not a witness, guarantor, or party to any term, agreement, deal, or any other type of relationship formalized in a Document; and
(xi) are solely responsible for damages caused to third parties resulting from the misuse of the Platform and/or errors in providing Signators' information to sign Documents.
28. Responsible use of the Platform. The use of the Platform must be done in a responsible, complete, secure manner and in accordance with our essential value: trust. In this regard, You undertake to:
(i) respect applicable laws and regulations as well as the Platform Terms;
(ii) do not attempt to impersonate another person, do not assign a false identity to a third party and/or create false accounts;
(iv) not to use the Platform to spread fake news, disseminate defamatory, abusive, illegal pornographic content, containing hate speech or promoting violence, and immediately inform Clicksign on its Integrity Channel if you receive this type of content from another user;
(v) not to use the Platform to promote fraud, scams, or engage in deceptive activities or for the purpose of violating the rights of third parties;
(vi) not to engage in any activity or behave in a way that affects Clicksign's image and reputation;
(vii) not to send unsolicited materials or that could be considered unwanted advertising, spam, current, fake news, pyramid scheme, affiliate marketing or unsolicited commercial advertisement and immediately inform Clicksign if you receive this type of content from another user;
(viii) not to share account login information or attempt to use or use someone else's account without proper permission;
(ix) not to act to test, challenge, or exploit the vulnerabilities of our system or network, or to violate or neutralize any security or authentication measure;
(x) not to use the Platform to send viruses, malware, or any file or program that may interfere with or limit the functionality of any software or equipment;
(xi) respect the intellectual property rights of Clicksign and third parties;
(xii) immediately notify Clicksign whenever you notice a strange movement in your account or if you have publicly disclosed your password for any reason;
(iii) directly or indirectly, not to reverse engineer, copy, or attempt to copy, decompose, decipher and/or in any way reproduce elements of the Platform; and
(xiv) respect and observe the veracity, appropriateness, and accuracy of the Signators' data.
29. Exclusion of the passive pole and right of return. By accepting these Terms, You undertake to exempt and compensate Clicksign from any claims, demands, costs and expenses, resulting from your liability in the use of the Platform, as well as to exclude Clicksign and/or its directors, directors, managers, employees, agents, representatives and attorneys from any type of claim or proceeding, judicial or extrajudicial related to your use of the Platform, and Clicksign has the right of return to reimburse any and all expenses and costs incurred in defending the rights of Clicksign, including but not limited to possible conviction, losses and damages, court costs, and reasonable expert and attorney fees. You hereby authorize Clicksign to charge such amounts directly to the selected payment method, in accordance with clause 17 of this instrument.
30. Access monitoring. The Customer recognizes and is aware that Clicksign has no obligation to monitor your access or use of the Platform or its Authorized Users, nor to access any Document uploaded and signed through the Platform. However, Clicksign may do so for the purpose of preventing fraud, carrying out risk assessments, verifying compliance with these Terms, and complying with a court order or requirement from administrative authorities.
31. Exclusion of damages. Under no circumstances will Clicksign be responsible for any damages of any nature that You may suffer as a result of accessing or using the Platform or your inability to use the Platform, whether pecuniary or off-balance sheet, direct or indirect, actual losses or lost profits. As an example, since the list is not exhaustive, CLICKSIGN WILL NOT BE LIABLE FOR ANY DAMAGE RESULTING FROM: (i) omission or inability of a party to electronically sign any Document; (ii) error, incompleteness, errors in the processing when signing Documents; (iii) any unauthorized access or use of the Platform or any information stored on the Platform; (iv) any dispute and/or controversy between any parties to a Document that was signed within the Platform; (v) loss of profits or business due to technical difficulties or failures in systems, servers or the internet; (vi) viruses, trojan horses, or similar that may arise to be transmitted to or through the Platform, or as a consequence of the transfer of data, files or Documents; (vii) loss of data or content archived on the Platform; (viii) action or omission on your part in breach of the provisions of the Platform Terms; and (ix) application of measures by Clicksign for the violation of the Platform Terms that restrict or prohibit the Customer's access to the Platform.
32. Restrictions. USERS DECLARE THAT THEY ARE AWARE AND AGREE THAT THE EXCLUSION OF GUARANTEES, EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY PROVIDED FOR IN THESE TERMS OF USE CONSTITUTE A FUNDAMENTAL ELEMENT OF CLICKSIGN'S BUSINESS AND PRICING MODEL AND THAT THE PLATFORM WOULD NOT BE AVAILABLE WITHOUT THESE LIMITATIONS.
33. Integrations. Clicksign will not be responsible for malfunctions, instabilities and complications caused by other third-party services, software, and/or applications, among others, that have been indicated or contracted directly by the Customer to be used together or to support the functionalities of the Platform.
34. Controversies. Notwithstanding the restrictions set out above, CLICKSIGN WILL NOT HAVE ANY LIABILITY OF ANY NATURE WITH RESPECT TO ANY CONTROVERSY BETWEEN ANY PARTIES TO A DOCUMENT THAT WAS SIGNED WITHIN THE PLATFORM. CLICKSIGN WILL HAVE NO OBLIGATION TO PROVIDE SUPPORT TO THE USER WITH REGARD TO THE COMPLIANCE BY ANY PART OF ANY DOCUMENT SIGNED WITHIN THE PLATFORM. FURTHERMORE, CLICKSIGN WILL HAVE NO OBLIGATION TO FACILITATE OR MEDIATE ANY CONTROVERSY BETWEEN USERS.
35. Limitation of liability. THE USER ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES WILL CLICKSIGN BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY UNFORESEEN, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, MORAL, OR OTHER LOSS OR DAMAGE OF ANY NATURE, NOR FOR LOSS OF BUSINESS OPPORTUNITIES, LOST PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER SIMILAR LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE PLATFORM., WITHOUT PREJUDICE TO THE RESTRICTIONS PROVIDED ABOVE, CLICKSIGN'S FULL LIABILITY FOR ANY CLAIM, LOSS OR DAMAGE - ARISING FROM OR RELATED TO THIS TERM OR THE PLATFORM, REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER THE CLAIM OR ACTION IS BASED ON CIVIL TORT OR OTHER CONDITION - MAY NOT EXCEED, UNDER ANY CIRCUMSTANCES, THE TOTAL AMOUNT PAID FOR THE ACCOUNT DURING THE 6 (SIX) MONTHS PRIOR TO THE DATE OF THE FACT OR ACT THAT GAVE RISE TO THE CLAIM, LOSS OR DAMAGE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGE INDICATED ABOVE WILL APPLY EVEN IF ANY REPAIR DOES NOT ACHIEVE ITS ESSENTIAL PURPOSE.
TERMINATION, SUSPENSION, AND CANCELLATION
36. Suspension and cancellation of access. The operation of the Clicksign Platform is based on the principles of trust and good faith. Any activity carried out on the Platform that may, in any way, harm or violate these principles, will not be tolerated. For this reason, Clicksign may fully or partially suspend, at any time and at its sole discretion, without prior notice, the access of a Customer or Authorized User to investigate a possible security risk, potential violations of the law or the Platform Terms, as well as remove any content or close any account or User if Clicksign, in good faith, reasonably believes that it has violated the Platform Terms. Clicksign will use its best efforts to notify the suspension or cancellation of the account or User in advance or at the earliest opportunity, unless there is a real or apparent risk of harm to Clicksign or third parties or is prohibited from doing so in compliance with a court order or administrative authorities. Clicksign may also suspend an account due to default, upon sending 15 (fifteen) days in advance written notice.
37. Definitive lock. The verification of repeated violations of these Terms and the law by the Customer may result in the Customer being permanently blocked from the Platform.
38. Cancellation of the account by the Customer. The Customer may cancel the use of the Platform at any time, subject to the specific commercial and contractual conditions applicable to each Plan. The cancellation of the account by the Customer will not exempt the Customer from the obligation to pay any amounts due to Clicksign and not paid up to the time of cancellation, nor will it exempt the payment of any fines, according to specific applicable business conditions.
39. Effects of cancellation. Upon the cancellation of an account, either at the initiative of the Customer or Clicksign, the licenses and rights to use Clicksign's intellectual property granted to the Customer will immediately terminate. Upon cancellation of the account, the Customer and its Authorized Users will lose access to their account data. The cancellation request may be reversed within a maximum period of 30 (thirty) days. After this deadline, the Customer will permanently lose access to their Documents. The Customer declares to agree and agrees that Clicksign will not be responsible for any losses caused by the cancellation of their account, even if at the initiative of Clicksign.
CONTROVERSIES
40. Confidentiality. Subject to the provisions of the law or as agreed by the parties, all processes, decisions and/or agreements relating to any dispute, regardless of their method of resolution, will be kept confidential.
41. Friendly solution. If an issue, controversy, claim, or complaint (”Complaint”) regarding the Platform Terms that arise between You and Clicksign, the first step to be taken is to contact Clicksign Customer Support, as indicated on the Platform, for an amicable resolution of the Complaint. You and Clicksign agree to make every best effort to resolve any Complaint directly, prior to any dispute.
42. Response deadline. If the Complaint has not been satisfactorily resolved by Customer Support, You must send a formal notification to juridico@clicksign.com, identifying and including the detailed reason for the Complaint. The notification will be answered within 5 (five) business days from the date of its receipt.
AUTHORIZATIONS FOR SIGNING
43. Subscription. The Signer acknowledges and agrees that, by carrying out authentication procedures for the purpose of electronically signing a Document on the Platform, it authorizes Clicksign to permanently register its authentication points (such as name, e-mail, IP address, geolocation when allowed by the Signer and other relevant information such as times and events, for example) with a file logically associated with said Document (“Log”). The Log is exclusive and considered an integral and inseparable part of your respective Document.
44. Signer's Statements and Warranties. By using the Platform to sign a Document, the Signer declares, acknowledges, and agrees that: (i) is the actual recipient of the Document. If the Signer receives a Document for signature that does not concern him, he must refuse it and contact the sender immediately; (ii) he had access and the opportunity to examine the Document in its full content and format before signing; (iii) all the information provided about his identity is true and correct; (iv) intended to sign the Document for all the purposes indicated therein; (v) has all the rights and powers to sign the Document; (vii) evaluated the privacy and security policies of the counterparty before to share your personal data to sign a Document; and (viii) if the signature is for the representation of a minor, the Signer declares that he has legitimate authorization to do so.
GENERAL PROVISIONS
45. Interpretation. Unless there is a clear intention to the contrary, words denoting the singular also include the plural and vice versa when required by the context. The word “including”, and its derivatives, will be considered to be followed by the expression “but not limited to”. What constitutes a “material change” will be determined by Clicksign, in good faith, using common sense, and in a reasonable manner.
46. Notifications. In cases where Clicksign is required under this Term to notify you, You acknowledge and agree that the notification may be made through the Platform, sending a message by e-mail or other previously informed means, including social networks, cell phone or mail.
47. Violation of the Platform Terms. The total or partial violation of the Platform Terms may result in the application of measures by Clicksign, at any time and at the sole discretion of Clicksign, which may range from limiting access, suspension or definitive blocking of the Customer's account, in addition to the application of other judicial or administrative measures that it deems appropriate, without prejudice to the isolated or cumulative adoption of other measures provided for in the Platform Terms.
48. Ineffectiveness or unenforceability of the terms of the Terms. If any provision of the Platform Terms is found to be null or ineffective by any court, it will be considered replaced by another valid and effective provision that achieves the purposes sought by the parties, to the greatest extent possible. The other provisions of the Terms will not be affected.
49. Tolerance. Clicksign's failure to act with respect to the violation of these Terms does not constitute a waiver of Clicksign's right to act with respect to that violation or subsequent violation, similar or not.
50. Applicable Law and Jurisdiction. This Term is governed by the laws in force in the Federative Republic of Brazil. For the resolution of any controversy or dispute arising from this contract, the parties choose the jurisdiction of the District of Barueri - São Paulo, as competent, to the exclusion of any other, however privileged it may be.
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