These General Terms of Use for AEGEA Websites and Applications (“Terms”) apply to the use of the Website(s) and/or Application(s) of AEGEA SANEAMENTO E PARTICIPAÇÕES S.A. and/or companies in its Economic Group, through which the User may access the services and content made available, in accordance with the conditions specified below:
1. DEFINITIONS:
For the purposes of this document, the following definitions apply:
1.1. AEGEA: refers to the company AEGEA SANEAMENTO E PARTICIPAÇÕES S.A. (CNPJ No. 08.827.501/0001-58), its subsidiaries, and all companies in its Economic Group.
1.2. Economic Group: any and all companies controlled, directly or indirectly, by AEGEA, or companies in which AEGEA holds, directly or indirectly, a stake, which are listed in the website: https://www.aegea.com.br/en/contact/
1.3. Websites and/or Applications: AEGEA Websites and Applications through which the User accesses the services and content provided by AEGEA.
1.4. Users (or “User”, when considered individually): all individuals or legal entities, under public or private law, who use the Websites and/or Applications.
2. ACCEPTANCE OF THE TERMS:
By accessing the Websites and/or Applications and, when applicable, by clicking on the button “I accept the Terms of Use of AEGEA Websites and Applications,” the User must be fully aware of the provisions contained in this instrument in force at the time of access, declaring full knowledge that AEGEA, except in cases of legal provision to the contrary, reserves the right to change these Terms at any time, without prior notice to the User. Therefore, it is the User’s responsibility to reread these Terms in the event of any changes, according to the update date at the end of this document.
2.1. The User declares full knowledge that they may, if they wish, take the measures available on the Websites and/or Applications made available by AEGEA through other service channels made available by AEGEA, such as in-person service, by telephone, or any other means made available.
3. USER REGISTRATION:
AEGEA’s Websites and/or Applications may require prior enrollment or prior User registration for access. In this case, access will only be granted after the User has completed the registration form with all the required mandatory information. In this case, all information provided by the User must be true. Thus, the User hereby guarantees the authenticity of all data provided when filling out the respective forms. It is the User’s responsibility to keep all information provided to AEGEA permanently updated, so that it always reflects the User’s actual data. Under any circumstance, the User shall be solely responsible for false or inaccurate statements made that may cause damage to AEGEA or third parties.
3.1. The User is responsible for the safekeeping, confidentiality, and proper use of their registered login and passwords, exempting AEGEA from any responsibility. Furthermore, the User is responsible for: (i) not using the login or password of a third party; and (ii) not changing machine addresses, or the IP (Internet Protocol) of the network or email, in an attempt to hold third parties responsible or hide their identity or authorship.
3.2. The User may, at any time, delete their account on the Website and/or Application, except for the storage by AEGEA of information and/or data as provided for in the legislation, in these Terms and/or in AEGEA’s Privacy and Data Protection Policy.
4. CONTENT AND PRIVACY:
Some Websites and/or Applications may allow Users to send and/or transmit content, such as comments, messages, photographs, audiovisual works, trademarks, distinctive signs, interviews, texts, etc. (“Content”) for dissemination in open content areas of the Websites and/or Applications. In this case, the User declares to be aware and expressly agree that the identification information in their profile, as well as any Content sent and/or transmitted by them to the Website and/or Application, may be accessed and viewed by any other Users, subject to the rules governing confidentiality imposed on the activities carried out by AEGEA, without AEGEA having any responsibility for such Content. To learn more about User privacy and data protection, including purposes, legal bases, storage period, and User rights, please read AEGEA’s Privacy and Data Protection Policy.
5. COOKIES:
Cookies are small files that may or may not be added to your terminal and that allow the storage and recognition of User browsing data. To learn more about cookies, read AEGEA’s Privacy and Data Protection Policy.
6. THIRD-PARTY LINKS:
The Websites and/or Applications may contain links to third-party websites. To learn more about third-party links, please read AEGEA’s Privacy and Data Protection Policy.
7. VIOLATIONS:
When using AEGEA’s Websites and/or Applications, the User must comply with current Brazilian legislation, as well as all provisions of these Terms, and must not produce, make available, disclose, or transmit any content that:
a. is contrary to any Brazilian law, as well as to generally accepted morals and good customs;
b. encourages discrimination, hatred, or violence against individuals or groups based on gender, race, religion, disability, nationality, or any other reason;
c. is erotic, pornographic, obscene, defamatory, or slanderous, or that advocates crime, drug use, consumption of alcoholic beverages or tobacco products, physical or moral violence;
d. promotes or incites prejudice or any form of discrimination, as well as hatred or illegal activities;
e. threatens, coerces, or causes physical or moral embarrassment to other Users;
f. violates the rights of third parties;
g. violates the rights of confidentiality and privacy of others;
h. causes or promotes contamination or damages any equipment belonging to AEGEA and/or third parties, including through viruses, Trojans, malware, worms, bots, backdoors, spyware, rootkits, or any other devices that may be created;
i. directly or indirectly, in whole or in part, may cause damage to AEGEA, any User, and/or any third parties;
j. use any business name, trademark, domain name, slogan, or advertising expression, or any distinctive sign or intellectual property owned by AEGEA;
k. causes, due to its characteristics (such as form, extension, etc.), difficulties in the normal functioning of the Website and/or Application.
8. RESPONSIBILITIES:
The User is solely responsible:
a. for any and all acts or omissions performed by them when accessing the Website and/or Application;
b. for any and all content uploaded, sent, and/or transmitted to the Website and/or Application;
c. for the repair of any and all damages, direct or indirect (including those resulting from the violation of any rights of other Users, third parties, including intellectual property rights, confidentiality and personality rights), caused to AEGEA, any other User, or any third party, including due to non-compliance with the provisions of these Terms or any act performed from their access to the Website and/or Application.
8.1. Under no circumstances shall AEGEA be liable:
a. for any act or omission performed and/or damage caused by the User arising from access to the Website and/or Application;
b. for the misuse of the Website and/or Application by any User or third party and/or for the content uploaded, sent, and/or transmitted to the Website and/or Application by Users;
c. for system failures, technical impossibilities, or unavailability;
d. for the installation on the User’s or third party’s equipment of viruses, Trojans, malware, worms, bots, backdoors, spyware, rootkits, or any other devices that may be created as a result of the User’s Internet browsing.
8.2. Under any circumstances, the User shall be solely responsible for their use of AEGEA’s Websites and/or Applications, as well as for any content they insert.
8.3. The User declares to be aware that any and all content sent and/or transmitted to the Website and/or Application by any User and/or third parties does not represent, in any way, the opinion or view of AEGEA.
8.4. If the User fails to comply with any provision of these Terms or legal provision, without prejudice to other measures, AEGEA may, by itself or through third parties, at any time, at its sole discretion, without the need for any prior or subsequent warning or notification to any User or third party, by any means or form, without prejudice to initiating the appropriate legal measures, suspend or limit access to the Website and/or Application, terminate the account of any User and/or take other measures it deems necessary for compliance with these Terms and for the proper functioning of the Website and/or Application, at any time.
9. DISCLAIMER OF WARRANTIES AND LIABILITY:
Due to technical and operational issues, AEGEA cannot guarantee the availability, infallibility, and continuity of the operation of the Websites and/or Applications, nor does it guarantee the usefulness of the Websites and/or Applications for performing any specific activity. Therefore, AEGEA shall, in no event, be liable for any damages resulting from the interruption of access to the Websites and/or Applications, or for their malfunctioning, nor shall it be liable for the disappointment of the usefulness that Users may have attributed to the Websites and/or Applications, for their fallibility, or for any difficulty in accessing them.
AEGEA uses recommended market practices to keep all data entered by Users on the Websites and/or Applications secure; however, it does not guarantee that unauthorized third parties will not use illegal means to improperly obtain such information. Thus, AEGEA disclaims liability for damages and losses of any nature that may arise from the knowledge that unauthorized third parties may have of any of the information passed on, as a result of a failure exclusively attributable to Users or third parties beyond AEGEA’s reasonable control.
AEGEA does not guarantee the absence of viruses on the Websites and/or Applications, as well as other harmful elements that may cause changes to Users’ computer systems (software and hardware) or to electronic documents stored on the computer system, disclaiming any liability for damages and losses that may arise from any harmful elements.
Except as provided in these Terms, AEGEA does not verify or control the User’s use of the Websites and/or Applications. Therefore, AEGEA disclaims any liability for damages and losses of any nature that may arise from the use of the Websites and/or Applications or that may be due to the lack of veracity, validity, completeness, and/or authenticity of the content made available there, as well as the information that Users provide to other Users about themselves and, in particular, although not exclusively, for damages and losses of any nature that may be due to the impersonation of a User in any type of communication carried out through the Websites and/or Applications.
10. INTELLECTUAL PROPERTY:
10.1. The following belong to AEGEA: (i) any and all software, Applications, or functionality used by AEGEA in relation to the Website and/or Application; (ii) the visual identity of the Website and/or Application (including the graphic-visual design of any of its pages); (iii) the business name, trademark, domain name, slogan or advertising expression or any distinctive sign of its ownership inserted on the Website; and (iv) any and all content created and produced by AEGEA, by itself or by third parties, which may not be used, by any means or in any form, by Users.
10.2. In cases where the Websites and/or Applications allow the User to send and/or transmit Content, the User grants AEGEA free, non-exclusive, irrevocable, and irreversible authorization to AEGEA to use any and all intellectual property rights (including copyrights and related rights) over any Content sent and/or transmitted by the User to the Website and/or Application, by any means or in any form, at its sole discretion, without any restriction or limitation of any kind. The User represents and warrants that the Content does not infringe the rights of third parties and that they have obtained all authorizations that may be necessary to enable AEGEA to use it.
11. TERM AND CHANGES TO THE TERMS:
Access to AEGEA’s Websites and/or Applications is granted to the User for an indefinite period. However, AEGEA reserves the right, at any time, without prior or subsequent notice to any User or third party: (i) to unilaterally terminate, suspend, or interrupt access to the Websites and/or Applications, without any compensation being due to the User; and/or (ii) remove, amend and/or update all or part of the Website and/or Application, as well as their respective content and/or Terms. Any changes and/or updates to these Terms shall take effect from the date of their publication on the Website and/or Application and must be fully observed by Users.
11.1. AEGEA also reserves the right to refuse or withdraw access to the Websites and/or Applications, at any time and without prior notice, on its own initiative or at the request of a third party, to those Users who fail to comply with these Terms.
12. APPLICABILITY:
These Terms apply to Websites and/or Applications related to AEGEA.
13. PARTIAL INVALIDITY:
If any part of these Terms is deemed invalid or unenforceable, that part shall be interpreted in a manner consistent with applicable law to reflect, as far as possible, the original intention of AEGEA, and the remaining provisions shall remain in full force and effect.
14. TOLERANCE:
AEGEA’s tolerance of any User’s failure to comply with any of the provisions of these Terms shall not constitute a waiver of AEGEA’s right to demand compliance with the obligation, nor a pardon, nor an alteration of what is provided herein.
15. OTHER TERMS AND POLICIES:
AEGEA may establish specific terms of use and privacy policies applicable to a particular Website and/or Application, which, provided expressly provided for in this regard, shall supplement and/or prevail over these Terms. These Terms are complementary to AEGEA’s Privacy and Data Protection Policy.
16. CONTACTS:
If the User requires any further clarification regarding the content of these Terms, they may use the following communication channels: Contact Us (Aegea and Units websites).
17. LEGISLATION AND JURISDICTION:
These Terms are governed by Brazilian law. Any disputes or controversies arising from any acts performed in connection with the use of the Websites and/or Applications by Users, including in relation to non-compliance with the Terms or violation of the rights of AEGEA, other Users, and/or third parties, including intellectual property, confidentiality, and personality rights, will be handled by the courts of the District of São Paulo, State of São Paulo.