CowSynch Smart Management of Cattle Reproduction Get the app
EN

Legal document

Terms and conditions of use

Version 4.0 Published on September 8, 2026 Supersedes all previous versions in full

This translation is provided for convenience. If there is any discrepancy, the Portuguese version prevails.

This instrument sets out the terms and conditions governing the licensing and use of the CowSynch platform and binds ORDINUM INOVAÇÃO E TECNOLOGIA LTDA and CENTRAL DE TREINAMENTOS PROCRIARE LTDA, jointly referred to as the Suppliers, and the individual who accepts these terms by registering on the platform, hereinafter the User.

Notice of prior reading

Reading this instrument in full is a condition of adherence. Provisions entailing a limitation of the User's rights are presented throughout the text in highlighted blocks, in compliance with article 54, paragraph 4, of Law 8.078 of September 11, 1990, and article 4, item I, of Decree 7.962 of March 15, 2013.

Particular attention is due to clause 5, which defines the object by exclusion, clause 6, which assigns technical responsibility in full to the User, and clause 13, which sets the limits of the Suppliers' liability.

1.1. CowSynch is jointly supplied by ORDINUM INOVAÇÃO E TECNOLOGIA LTDA, registered with the Brazilian corporate taxpayer registry, CNPJ, under nº 37.303.239/0001-40, with its registered office at Avenida João Pinheiro, nº 2.705, Uberlândia, State of Minas Gerais, Brazil, ZIP 38.400-714, and CENTRAL DE TREINAMENTOS PROCRIARE LTDA, registered with the CNPJ under nº 51.231.706/0001-03, with its registered office at Avenida Uirapuru, nº 1.491, Suite 5, Cidade Jardim, Uberlândia, State of Minas Gerais, Brazil, ZIP 38.412-166.

1.2. ORDINUM manages the technical, technological, operational, administrative and financial aspects of the Platform. It develops, maintains and publishes the application, operates the infrastructure, performs billing and charging, and provides technical support.

1.3. PROCRIARE manages commercial activities, market relations, commercial and operational training, and customer service. Matters requiring technical intervention are routed to ORDINUM.

1.4. ORDINUM and PROCRIARE participate in the CowSynch supply chain and are jointly liable to the User for civil and consumer obligations arising from the joint operation whenever and to the extent permitted by Brazilian law. Their internal allocation of duties may not be asserted against the User to restrict a right guaranteed by law.

1.5. Billing, charging, publication in app stores and technical operation by ORDINUM do not exclude PROCRIARE's legal participation. PROCRIARE curates the Catalog referred to in clause 8, without transferring to the Suppliers the professional decision assigned to the User.

1.6. Electronic requests may be submitted at contato@ordinum.com.br, by telephone at +55 34 2512 0606 or through cowsynch.com.br/support. Each request will be internally routed to the responsible Supplier without requiring the User to identify the source of the issue.

2.1. For the purposes of this instrument, the terms below, used in the singular or the plural, carry the meaning assigned to them in this clause.

3.1. This instrument binds the User from the moment acceptance is expressed on the registration screen and the creation of the account is completed, an act recorded with date, time and the version of the document then in force.

3.2. Upon adherence, the User declares being over 18 years of age, having full legal capacity and, where contracting on behalf of a legal entity, holding authority to bind it. The Platform is not intended for minors and does not knowingly collect data of children or adolescents.

3.3. The Portuguese-language version of this instrument is the only official one. Translations into English and Spanish are provided by way of courtesy and, in the event of any divergence in meaning, the Portuguese text prevails.

3.4. This instrument remains permanently available on this page, at a public and stable address, and may be stored, printed and reproduced by the User at any time, in compliance with article 4, item IV, of Decree 7.962 of March 15, 2013.

4.1. The object of this instrument is a personal, temporary, revocable, non-exclusive and non-transferable license to use computer software intended for recording, scheduling, calendar calculation and documentary organization of a veterinarian's work in cattle reproduction.

4.2. Within the scope and limits of item 4.1, the Platform enables the User to:

  1. register farmer clients, farms and lots;
  2. create services for fixed-time artificial insemination, fixed-time embryo transfer, pre-synchronization, pregnancy diagnosis and other field services named by the User;
  3. select a Protocol Template and enter a D0, from which the Platform projects step dates by adding calendar days;
  4. consult a schedule containing the projected steps;
  5. record the handling carried out, with animal counts, notes and photographs;
  6. record pregnancy diagnosis results and monitor indicators;
  7. generate reports and export files as spreadsheets and in PDF format;
  8. generate share images.

4.3. The Suppliers' obligations are obligations of means, not of results, within the duties of each Supplier. ORDINUM is responsible for the technology and operation of the software. PROCRIARE is responsible for commercial activities, training and customer service.

4.4. ORDINUM is a business entity whose object is the development of computer software. It is not a veterinary clinic, an animal health facility, a pharmacy or a distributor of veterinary products, and it provides no veterinary or animal science consulting of any nature.

5.1. This clause defines the contractual object by exclusion and is essential to the correct interpretation of the provisions that follow.

Clause defining the object and limiting rights

5.2. The Platform performs no act reserved to veterinarians. Under no circumstances, and through no feature, does the Platform:

5.3. Clinical practice in all its forms, together with the teaching, direction, control and guidance of artificial insemination services, are reserved to veterinarians under article 5, items a and i, of Law 5.517 of October 23, 1968, regulated by Decree 64.704 of June 17, 1969. The sale and use of veterinary products subject to mandatory prescription require a veterinarian's prescription under article 65, paragraph 1, of the Regulation approved by Decree 5.053 of April 22, 2004.

5.4. No information displayed by the Platform constitutes a prescription, professional guidance, a recommendation of conduct or a technical opinion of the Suppliers. The Platform merely presents, organizes and returns to the User what the User selected, entered or defined, together with the third-party reference material addressed in clause 8.

Clause assigning responsibility

6.1. Every technical decision is the sole responsibility of the User, and so remains in all circumstances, comprising, without limitation:

6.2. The User exercises the decisions referred to in item 6.1 with full technical autonomy and answers for them before the farmer, third parties, the Regional Council of Veterinary Medicine of their jurisdiction, the Ministry of Agriculture and Livestock and the competent health, administrative and judicial authorities.

6.3. The responsibility addressed in this clause does not arise from this instrument alone. Article 9 of CFMV Resolution 1138 of December 16, 2016 provides that veterinarians are held responsible for acts performed with intent or fault in the exercise of the profession, answering civilly and criminally for ethical violations and for acts causing harm to the patient or the client, notably in cases of malpractice, recklessness and negligence. Item III of that article expressly forbids veterinarians from attributing their errors to third parties or to avoidable incidental circumstances, even where requested by the client. Article 6, item X, of the same Resolution imposes on the professional the duty to inform the scope, limits and risks of their prescriptions and professional actions.

6.4. The User acknowledges that the Platform is an ancillary and dispensable tool, that the technical decision precedes and is independent of its use, and that the final verification of protocol, medicine, dose and date, prior to any application to an animal, forms part of the User's professional conduct and is not performed by the Platform.

7.1. The Platform is intended exclusively for veterinarians duly registered and in good standing with the Regional Council of Veterinary Medicine, and for persons acting under the direct supervision and technical responsibility of such a professional.

7.2. Upon adherence and on each use, the User represents and warrants, on a continuing basis, that:

  1. they are a veterinarian with an active and regular registration before the Regional Council of Veterinary Medicine, and will correctly enter the respective number;
  2. they know the legislation applicable to the profession, to the use of veterinary products and to animal health defense;
  3. they hold independent professional knowledge sufficient to critically assess every protocol, medicine, dose and date presented by the Platform;
  4. the registration data they provide is true, complete and up to date;
  5. they will not use the Platform to guide unlicensed third parties in performing acts reserved to the profession;
  6. they hold a lawful basis and authorization to register the data of farmers, field staff and other third parties they may enter.
Clause limiting rights

7.3. Use of the Platform by anyone who is not a licensed veterinarian, or outside the direct supervision of such a professional, constitutes improper use and a breach of contract. In that event, and in any other event where the representation in item 7.2 proves false, the resulting harm is attributable exclusively to whoever so acted, article 14, paragraph 3, item II, of Law 8.078 of September 11, 1990 applying, which excludes supplier liability upon proof of the exclusive fault of the consumer or of a third party.

7.4. The personal liability of licensed professionals is assessed on the basis of fault, under article 14, paragraph 4, of the same Law.

8.1. The Platform makes available a Catalog of hormonal protocol templates containing steps, day offsets, active ingredients, commercial products and doses.

8.2. The technical content of the Catalog is not authored by ORDINUM. That content originates from third-party reference material curated by Central de Treinamentos Procriare LTDA, consolidated from its own technical compilation and organized by protocol profile and by manufacturer. ORDINUM acts solely as the technical provider of that material, without review, endorsement, clinical validation or scientific judgment in its regard.

Clause limiting rights

8.3. The Catalog constitutes bibliographic reference material and does not amount to a recommendation of use. ORDINUM does not warrant that any template contained in it is suitable, safe, effective, current or applicable to the animal, lot, category, breed, physiological state, region or purpose with which the User is dealing. There is no warranty of correspondence between the commercial product named and the product actually registered, available or acquired by the User.

8.4. Prior to any application, it is incumbent on the User to verify, in the package insert, the label and the manufacturer's literature, the active ingredient, the concentration, the dose, the route of administration, the indication for the species and category, contraindications, registration with the Ministry of Agriculture and Livestock, the expiry date, storage conditions and the withdrawal period for milk and for meat. Where a divergence is found between the Catalog and the product insert, the insert always prevails, and the User must refrain from applying anything at odds with it.

8.5. In consolidated display mode, the Platform shows only the active ingredient and presents a dose solely where all manufacturers within the respective profile coincide. Where they diverge, the Platform states that the dose varies by manufacturer and suggests none of them. That consolidation is a display feature and does not amount to pharmaceutical equivalence, bioequivalence or interchangeability between products.

8.6. The User may create custom protocols, with steps, days, titles, medicines and doses freely defined by the User. Such protocols are visible and usable only by their creator, constitute User Content for all purposes of this instrument, and are not reviewed, validated or in any way assumed by ORDINUM.

8.7. Should the Platform come to make available a consultation assistant based on artificial intelligence, the answers produced will have the nature of reference material addressed in this clause, will be subject to error, outdatedness and imprecision, will not constitute a prescription or a technical opinion, and will remain fully subject to clauses 5, 6 and 13.

9.1. The D0 is defined exclusively by the User. The Platform does not suggest, validate or question the start date, merely accepting the date entered, including a past date, and projecting the remaining dates by adding calendar days, in the Brasília time zone. The result is a calendar arithmetic operation on data supplied by the User, and not a judgment as to the appropriate moment to begin any protocol.

9.2. Where a projected step falls on a Saturday, Sunday or public holiday, the Platform merely flags the occurrence, never shifting the date on its own initiative. Where appointments overlap in the schedule, the Platform warns without preventing the record. No warning, absence of warning or flag constitutes approval, recommendation or technical review.

9.3. The pregnancy diagnosis milestone is projected as the insemination or transfer date plus 25 days, by an operational convention adopted in the product. The User may elect any later date, the choice remaining the User's responsibility in every case, including where the projected date is accepted.

9.4. At the moment the Service is created, the Platform copies into the respective Execution, in full, the steps, offsets, medicines and doses of the selected Protocol Template, the Execution thereafter existing autonomously. Later amendment of the Catalog, of a custom protocol or of the Template itself does not alter, correct or update an Execution already created. That characteristic is deliberate and serves record integrity, being known to and accepted by the User.

Clause limiting rights

9.5. No date displayed by the Platform constitutes an instruction, an indication or an authorization to act. The projected date results from an arithmetic operation on parameters elected by the User, and the decision to carry out the handling on that date or not is exclusively the User's, taken in light of the actual condition of the animal, the lot and the property, which the Platform neither knows nor assesses.

9.6. ORDINUM is not liable for loss arising from handling carried out, postponed, brought forward or omitted, nor for reproductive results affected by dates, even where the date in question was projected by the Platform from the D0 entered by the User.

10.1. The Platform enables the User to generate share images containing the summary of a given Service, comprising schedule, medicines and notes, as well as reports intended for the farmer. Generation occurs solely at the User's request, and transmission is exclusively the User's act, through the User's own channel and to a recipient of the User's choosing.

Clause assigning responsibility

10.2. By sharing content generated by the Platform, the User assumes full responsibility for that act, representing that:

10.3. Shared material does not constitute a prescription, a clinical report or guidance on the administration of medicine, consisting of a record of what the User defined. ORDINUM is not a party to the communication between the User and the recipient, does not intermediate it, does not archive it as a professional document, and is not liable for its interpretation, its forwarding or any conduct arising from it.

11.1. ORDINUM will use its best technical efforts to keep the Platform operating in accordance with its published description. PROCRIARE will use its best commercial efforts in customer service and guidance. The obligations are obligations of means within the duties of each Supplier.

Clause limiting rights

11.2. The Suppliers do not promise, warrant or assure:

11.3. Reproductive effectiveness depends on health status, nutrition, body condition, handling, environment, genetics, semen or embryo quality, application technique and further factors extraneous to the software and outside the Suppliers' control.

12.1. The Platform is made available as is and as available, with no uptime guarantee, service level agreement or committed time frame for the correction of failures.

12.2. ORDINUM may interrupt the service, in whole or in part, for scheduled or emergency maintenance, updates, security fixes or by determination of a third party on which it depends, using its efforts to give prior notice of scheduled interruptions of greater relevance.

12.3. Part of the functionality operates without an internet signal. Data already synchronized remains stored on the device for consultation, and handling records made offline are placed in a local queue, transmitted to the server as soon as connectivity is restored.

Clause limiting rights, with risk disclosure

12.4. The User declares knowing the following limits of the local queue:

12.5. A loss caused exclusively by the User's failure to synchronize before signing out, uninstalling the application, clearing its data or replacing the device is not attributable to the Suppliers. The User must synchronize before performing any of these actions and retain required professional records by independent means. This provision does not exclude liability for a proven software defect or synchronization failure attributable to the responsible Supplier.

13.1. This clause constitutes the core risk allocation of this instrument and is to be interpreted together with clauses 4, 5, 6, 7, 8, 9, 10, 11 and 12, which set out the reasons why the losses enumerated below are not automatically attributable to the Suppliers.

Clause limiting rights

13.2. Given the nature of the service and because every professional decision is the User's responsibility under clause 6, the following losses may arise from professional decisions, misuse or third-party acts and do not, by themselves, establish a software defect:

13.3. The Suppliers are not liable where they prove that the service was not defective or that the harm resulted exclusively from the User or a third party, under article 14, paragraph 3, items I and II, of Law 8.078 of September 11, 1990. A defect, inadequate information or another concurrent cause attributable to a Supplier will be assessed according to the evidence and applicable law.

13.4. Only where legally permitted, if one or both Suppliers are held liable, total compensation may be capped at the amount paid by the User in the 12 months preceding the event, considering the ancillary nature and price of the tool. No cap applies where mandatory law prohibits it, including consumer relationships in which the limitation is invalid.

13.5. No provision excludes or reduces liability for willful misconduct, gross negligence, fraud, an actual software defect attributable to ORDINUM, insufficient or inadequate information, a data protection violation attributable to a Supplier, or any duty that the Consumer Protection Code, the Brazilian General Data Protection Law or other mandatory law does not permit to be limited. Any invalid limitation will be reduced to the maximum lawful extent, with the remainder preserved under clause 28.

14.1. The User undertakes to hold the Suppliers, their partners, officers, employees and contractors harmless from every claim, notice, administrative, judicial or ethics proceeding, award, cost, fine or legal fee arising from:

  1. the User's professional conduct and the technical decisions referred to in clause 6;
  2. the sharing of content addressed in clause 10;
  3. the registration or processing of third-party data without a lawful basis, as set out in clause 22;
  4. false, outdated or incomplete information provided by the User;
  5. use of the Platform in breach of this instrument or of applicable law.

14.2. If either Supplier is sued by a third party for a ground listed in item 14.1, it may seek recourse against the User to the extent of the User's causal contribution. In personal data protection matters, paragraph 4 of article 42 of Law 13.709 of August 14, 2018 also applies.

14.3. The User undertakes to provide the Suppliers, upon request, the information and documents required to mount a defense in proceedings of that nature.

15.1. Neither party is liable for non-performance arising from acts of God or force majeure, under article 393 of the Brazilian Civil Code, understood as a necessary event whose effects could not be avoided or prevented.

15.2. For the purposes of this instrument, and without excluding other events, the following are treated as third-party acts, attracting article 14, paragraph 3, item II, of Law 8.078 of September 11, 1990:

16.1. ORDINUM does not carry out prior review of User Content.

16.2. As to content generated by third parties, ORDINUM's civil liability arises only if, after a specific court order clearly identifying the content alleged to be infringing, it fails to make that content unavailable within the scope and technical limits of the service and within the time set, under article 19 of Law 12.965 of April 23, 2014.

16.3. Where it holds contact details for the responsible user, ORDINUM will inform them of the reasons for the removal, with the elements enabling a defense, save where the law or a court order provides otherwise, under article 20 of the same Law.

17.1. Every new account receives a free evaluation period of 21 days from activation, the end date of which is determined by the Platform's server. The evaluation period is granted once per person and does not renew upon creation of a new account.

17.2. Once the evaluation period ends, use of the working features is conditional on a monthly Subscription in the amount of R$ 39.90, under a single plan, without differentiated tiers. The amount is all inclusive, with no sign-up fee, cancellation fee, charge per additional user, per animal, per lot or per report, and no ancillary expense charged by ORDINUM. Applicable taxes are included in the advertised amount. Mobile data and internet access costs are borne by the User.

17.3. The Subscription amount may be adjusted at intervals of no less than 12 months, upon notice to the User at least 30 days in advance, through the Platform and by the registered electronic address. The adjustment does not apply to a period already paid. Should the User disagree, the Subscription may be cancelled before the adjustment takes effect, at no cost, with access maintained until the end of the period already paid.

Billing and cancellation channels

Contracting platform Payment method Cancellation channel
Android Pix or credit card, processed by Asaas In the application itself, under Dashboard and then Billing
iPhone Charged to the User's Apple account through the App Store, auto-renewing In the device Settings, under Subscriptions

17.4. For card payments on the Android platform, the details are transmitted once to the payment processor to constitute the recurring charge, in the form of a token. ORDINUM does not store the card number or its security code. The payer's tax identification is collected in order to issue the charge.

Clause limiting rights

17.5. A Subscription contracted through the iPhone platform is administered by Apple. Billing, auto-renewal, changes to the payment method, cancellation and any refund are subject to App Store rules and channels. ORDINUM holds no access to the payment data, has no means of cancelling that Subscription on the User's behalf and has no means of processing a refund of that modality. Deleting the account in the application does not stop Apple's billing, cancellation in the device Settings, under Subscriptions, being indispensable.

17.6. Acceptance of the purchase is confirmed immediately in the Platform itself and by the registered electronic address, this instrument remaining available on this page in a format allowing storage and reproduction, in compliance with items III and IV of article 4 of Decree 7.962 of March 15, 2013.

Clause securing a right to the User

18.1. The User is assured a period of 7 days, counted from the date of the purchase, to withdraw from it and obtain full restitution of the amount paid, under article 49 of Law 8.078 of September 11, 1990, applicable because the purchase takes place away from business premises, by electronic means.

18.2. The right provided in item 18.1 is exercised by a statement through any of the following means, the first of them being the same tool used for the purchase:

  1. in the application itself, under Dashboard and then Billing, by selecting the cancellation option;
  2. by message to the electronic address contato@ordinum.com.br, stating the account's electronic address;
  3. through the support page.

18.3. ORDINUM will immediately confirm receipt of the statement. Amounts paid during the reflection period are restituted in full, immediately and adjusted for inflation, at no cost to the User, ORDINUM notifying the financial institution or the card issuer so that the transaction is not posted to the statement or so that the amount is reversed. Ancillary contracts, if any, are terminated at no cost, all under article 5 and its paragraphs of Decree 7.962 of March 15, 2013.

18.4. Where the Subscription was contracted through the App Store, the refund request is processed by Apple, through its own channels, ORDINUM having no technical means to reverse that charge, its role being to guide the User and, where appropriate, to support the request.

19.1. The User may cancel the Subscription at any time, without penalty and regardless of justification, through the channels indicated in clause 17, with access maintained until the end of the period already paid.

19.2. Once the withdrawal period of clause 18 has elapsed, cancellation in the course of a period already paid does not give rise to a pro rata refund of unused days, precisely because access remains fully available until the end of that period. This provision does not affect the User's right to restitution in the cases provided by law, including failure in the provision of the service.

19.3. Where a payment is not completed, an active Subscription has a grace period of 5 days after the expiry of the paid term. Should the default persist, the working features are blocked until settlement. A Subscription already cancelled has no grace period, access ceasing at the end of the paid term.

19.4. During a block, the User's data remains stored and intact, access to the account, the profile and the billing area remains open, and settlement of the payment restores full access immediately, with no reactivation fee and no loss of content.

19.5. Where a payment already recognized is reversed or disputed, the corresponding access period is rolled back and the Subscription may be suspended until settled.

20.1. PROCRIARE handles initial contact, commercial and operational questions, usage guidance, training and the relationship with the User. ORDINUM handles technical support relating to software operation, infrastructure, the account, billing and technical security.

20.2. The User may submit any request through the unified channels in clause 1 and the support page. Receipt is confirmed by the same means used by the User, the request is routed internally to the responsible Supplier, and a response is sent within 5 days under article 4, item V and sole paragraph, of Decree 7.962 of March 15, 2013.

20.3. Prior to completion of the purchase, the Platform enables review of the information entered and permits immediate correction of errors made in earlier steps, under item II of the same article.

21.1. User Content belongs to the User. The Suppliers acquire no title over it, do not commercialize it, do not transfer it to third parties and do not use it for any purpose other than operating the Platform for the User, providing customer service, complying with legal obligations and defending rights.

21.2. The User grants the Suppliers a license limited to what is strictly necessary to perform these Terms. ORDINUM may store, process, transmit, index, render views and produce requested reports and images. PROCRIARE may access only content necessary for customer service or commercial relations where a lawful basis and authorization compatible with the Privacy Policy exist. The license subsists while its purpose remains and ends under the applicable retention rules.

21.3. User Content is scoped to the respective profile and is not accessible to any other Platform user. That isolation constitutes a contractual obligation of the Suppliers, within their respective duties, and supports the duty of professional confidentiality set out in article 11, items III and IV, of CFMV Resolution 1138 of December 16, 2016.

21.4. While the account is active, the User may generate and obtain, at any time and at no cost, the spreadsheet and PDF reports available on the Platform, which serves the duty to provide the client with reports and documentation upon request, set out in article 8, item XI, of the same Resolution. It is incumbent on the User to extract and preserve, by the User's own means and independently of the Platform, the records whose retention is required by professional legislation, for the period it determines.

21.5. The User's handling photographs and logo are stored in private cloud storage, accessed through a temporary signed address, and are not published, indexed or made available to third parties.

22.1. The processing of personal data is detailed in the privacy policy, which forms part of this instrument. This clause establishes the division of roles between the parties, under items VI and VII of article 5 of Law 13.709 of August 14, 2018, the Brazilian General Data Protection Law.

22.2. As to the User's registration, access, billing and technical support data, ORDINUM acts as controller when it determines the respective purposes and essential means. Depending on the processing, the lawful bases include performance of the contract, compliance with legal and regulatory obligations and legitimate interest.

22.3. As to data of farmers, field staff, farm employees and other third parties entered into the Platform, decisions concerning the processing rest with the User, who assumes the position of controller. ORDINUM acts as processor, handling that data exclusively in accordance with the User's instructions, as expressed through the User's use of the features.

Clause assigning responsibility

22.4. As controller of the data referred to in item 22.3, it is incumbent on the User, and not on ORDINUM:

22.5. ORDINUM supports the User in discharging the duties of item 22.4, forwarding requests it receives directly from data subjects and providing the technical information within its reach. Upon receiving a data subject request concerning data under the User's control, ORDINUM will forward it to the controller and inform the Data Subject of the referral under paragraph 4 of article 18 of the same Law.

22.6. PROCRIARE acts as controller of personal data that it collects or accesses in prospecting, marketing, commercial relations and customer service when it determines the respective purposes and essential means.

22.7. ORDINUM and PROCRIARE are joint controllers only for processing activities in which they jointly determine the purposes and essential means. Each activity must reflect the actual operation without generic assignment of roles.

22.8. ORDINUM applies technical and administrative safeguards proportionate to the size of the operation, comprising encrypted transport, access control, per-account segregation and access logging. The Platform relies on infrastructure, payment, messaging and notification providers listed in the privacy policy, including storage on servers located outside Brazilian territory. The security standards adopted are disclosed clearly and accessibly, under article 16 of Decree 8.771 of May 11, 2016, subject to confidentiality of trade secrets.

22.9. If a security incident may cause relevant risk or harm, the processing agent responsible will provide the notices required by article 48 of Law 13.709 of August 14, 2018. ORDINUM and PROCRIARE will cooperate in investigation, containment, preservation of evidence and communications with authorities and Data Subjects. If the incident affects data under the User's control, ORDINUM will notify the User so that the User may discharge their own duties.

22.10. The User may delete the account at any time, in the application itself, under Dashboard, then Settings, then Delete my account. Deletion ends sessions immediately and initiates the erasure of personal data, save for what must be retained for legal, tax, accounting, regulatory or security obligations or for the regular exercise of rights, under article 16 of the same Law and article 7, item X, of Law 12.965 of April 23, 2014. Deleting the account does not cancel a Subscription contracted through the App Store, as warned in item 17.5.

22.11. In data protection matters, each agent is responsible for the processing, decisions and controls it actually manages. The liability, joint liability and exclusion rules in articles 42 and 43 of Law 13.709 of August 14, 2018 apply, without creating indiscriminate joint liability through these Terms and without prejudice to legally applicable consumer rules.

23.1. As an internet application provider constituted as a legal entity, carrying out that activity in an organized and professional manner and for economic purposes, ORDINUM retains application access logs under confidentiality, in a controlled and secure environment, for 6 months, under article 15 of Law 12.965 of April 23, 2014.

23.2. Such logs are disclosed to third parties solely under a court order, or in the other cases expressly provided by law. Registration data may be provided to an administrative authority demonstrating express legal competence and stating its grounds, under article 10, paragraph 3, of the same Law and article 11 of Decree 8.771 of May 11, 2016.

23.3. This clause provides the information required by article 7, item VI, of Law 12.965 of April 23, 2014.

24.1. CowSynch and the assets developed specifically for the Product, including its specific source code, specific repository, specific developments, documentation, trademark, domain and visual identity, are exclusively owned by PROCRIARE. ORDINUM retains exclusive title to its frameworks, libraries, tools, methods, automations, shared infrastructure, corporate accounts and other preexisting or independently developed assets. User Content remains subject to clause 21, and personal data is not an object of property.

24.2. PROCRIARE grants the User the license described in clause 4, technically administered by ORDINUM while ORDINUM operates the Platform. No assignment, transfer or other authorization is included. The User is prohibited from:

  1. copying, reproducing, distributing, sublicensing, renting, lending, selling or reselling the Platform, in whole or in part;
  2. reverse engineering, decompiling, disassembling or otherwise attempting to obtain the source code, save as expressly permitted by law;
  3. removing, altering or obscuring ownership notices, trademarks or identifiers;
  4. extracting, scraping or automatically collecting the Catalog content or any part of the Platform;
  5. using the Platform, its content or its data to develop, train or feed a competing product or service.

24.3. Suggestions and ideas voluntarily submitted by the User may be incorporated into the Product as a specific asset owned by PROCRIARE, without giving rise to any obligation of payment or attribution and without the User losing any right over User Content.

25.1. In addition to what earlier clauses already prohibit, the User is barred from:

  1. circumventing access control, the evaluation period, usage limits or Subscription billing;
  2. sharing credentials, transferring the account or permitting a third party to use it in the User's name;
  3. using the Platform for unlawful activity, for fraud or to store third-party content without authorization;
  4. entering false, offensive or discriminatory data, or data infringing third-party rights;
  5. attempting to access accounts, data or areas not belonging to the User, or exploiting Platform vulnerabilities;
  6. deliberately overloading the infrastructure, automating bulk requests or interfering with the operation of the service.

25.2. Where evidence of a breach is found, ORDINUM will notify the User at the registered electronic address, describing the facts and allowing a reasonable period for explanation or correction, save in cases of imminent risk of serious harm, an order from an authority or evident fraud, in which suspension may be immediate and notice may follow. The User may challenge the measure through the channels of clause 20, in which case the decision will be reviewed.

25.3. Where a serious breach persists, the account may be terminated. Prior to termination on ORDINUM's initiative, and save where prohibited by law, a period of no less than 15 days will be allowed for the User to extract their records. No suspension or termination entitles ORDINUM to retain amounts relating to a paid period left unused by reason of the measure, which will be restituted pro rata.

25.4. Just as the User may close the account at any time and regardless of justification, PROCRIARE may decide to discontinue the Platform. The end of ORDINUM's technical role does not by itself discontinue CowSynch. If the Product is discontinued, the User will receive at least 60 days' prior notice whenever legally possible and may extract records and receive a pro rata refund for any paid period left unused.

25.5. If the technical or administrative operator is replaced, the Suppliers will inform the User of relevant changes to channels, billing, terms and data processing. Continuity by PROCRIARE or a new technical operator will preserve existing contracts, User rights and applicable legal duties.

26.1. The application is distributed through the App Store and Google Play, its use being subject also to the rules of those platforms.

26.2. This instrument is entered into between the User and the Suppliers, and not with Apple. Apple is not responsible for the application or its content. Before Apple, ORDINUM acts as publisher and is responsible for the developer account obligations. This status does not make ORDINUM the sole CowSynch supplier, exclude PROCRIARE from the supply chain or remove the joint liability in item 1.4. Apple and its subsidiaries are third-party beneficiaries of this instrument and shall have the right to enforce its terms against the User. Where the application fails to conform to any applicable warranty, the User may notify Apple, which may refund the purchase price to the extent permitted by law, with no other warranty obligation. The User represents not being located in a country subject to an applicable embargo and not appearing on any list of restricted parties.

26.3. ORDINUM provides technical support and PROCRIARE provides commercial and operational customer service, through the channels in clauses 1 and 20. Apple and Google provide no support for the application.

27.1. Material amendments to this instrument are jointly approved by ORDINUM and PROCRIARE and operationally published by ORDINUM to reflect changes to the Product, legislation or regulation. The new version is published on this page with a version number and date, and earlier versions remain identified by their dates.

27.2. An amendment is deemed material where it restricts the User's rights, changes the price, modifies the billing method or reduces an essential feature. A material amendment is notified at least 30 days in advance, through the Platform and by the registered electronic address, and takes effect only after that period has elapsed.

27.3. Should the User disagree with the new version, the Subscription may be ended before it takes effect, without penalty and at no cost, with access maintained until the end of the period already paid and pro rata restitution assured where the amendment is imposed before that date. No amendment applies retroactively to events occurring while an earlier version was in force.

27.4. Drafting adjustments that do not change rights and obligations, such as the correction of a clerical error or an improvement in clarity, take effect upon publication.

28.1. Should any clause or part of a clause of this instrument be held invalid, void or unenforceable, that decision shall not affect the remainder, which shall stay in full force. The affected provision shall be applied to the fullest extent permitted by law and, where that is impossible, treated as not written, the contractual balance being preserved.

28.2. Tolerance of a breach of any obligation does not amount to novation, waiver, release or amendment of what was agreed, performance being enforceable at any time.

28.3. The User may not assign or transfer this instrument without the Suppliers' written authorization. As owner of CowSynch, PROCRIARE may transfer the Product's specific assets or appoint a new technical operator, provided it fully preserves the contracted conditions, informs the User of material changes and complies with the rules applicable to contract assignment and data protection. ORDINUM may not dispose of CowSynch's specific assets.

28.4. This instrument, together with the privacy policy, constitutes the entire agreement between the parties as to use of the Platform, superseding earlier understandings on the same subject.

28.5. The parties undertake to observe probity and good faith in the conclusion and performance of this instrument, under article 422 of the Brazilian Civil Code, and acknowledge that ambiguous clauses shall be interpreted in the manner most favorable to the adhering party, under article 423 of that Code and article 47 of Law 8.078 of September 11, 1990.

28.6. Clauses 5, 6, 11, 13, 14, 21, 22, 24 and 29 survive termination of this instrument, on any ground and to the extent applicable.

29.1. This instrument is governed exclusively by Brazilian law, the Brazilian courts having jurisdiction over every dispute arising from it, in compliance with article 8, sole paragraph, item II, of Law 12.965 of April 23, 2014.

29.2. The courts of the district of Uberlândia, State of Minas Gerais, where the Suppliers are headquartered, are elected to settle disputes arising from this instrument.

Reservation in favor of the User

29.3. The choice of forum in item 29.2 does not in any way prejudice the User's right to bring proceedings in the courts of their own domicile, nor to turn to consumer protection bodies, small claims courts or any other avenue afforded by law. No provision of this instrument limits or conditions the User's access to the courts, and there is no mandatory arbitration clause.

29.4. Prior to any legal action, the parties shall seek to settle the dispute directly, through the channels of clause 20, without this being a condition for the exercise of any right.

Contact

Communications may be addressed to either Supplier through the unified electronic address contato@ordinum.com.br or the support page and will be routed internally to the responsible party. Personal data protection matters are additionally governed by the privacy policy.

Return to the top of the document