Terms of Use

1. Acceptance of Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you ("User", "Customer") and Y. Ferreira de Lima da Silva Consultoria em TI LTDA ("ZonixEM", "we", "us"), a private legal entity registered under CNPJ No. 68.312.733/0001-03, headquartered in São Paulo/SP, Brazil.

By creating an account, accessing, or using the ZonixEM MDM platform ("Platform"), you represent that:

• you have the legal capacity to enter into contracts;
• you have read, understood, and fully agree to these Terms;
• if acting on behalf of a company, you have the authority to bind that company to these Terms.

If you do not agree with any part of these Terms, do not use the Platform.

2. Definitions

• Platform: the ZonixEM MDM software, including the web interface, APIs, applications, and related services.
• Account/Tenant: the isolated space created for each customer company on the Platform.
• User: any person with access to the Account, including administrators, operators, and read-only users.
• End User: the employee or staff member whose device is managed through the Platform.
• Managed Device: an Android device enrolled in the Platform via Google's Android Management API (AMAPI).
• Plan: the contracted service package, with limits and features as specified on the pricing page.
• Customer Content: data, settings, policies, and information entered by the Customer into the Platform.

3. Description of the Service

ZonixEM is a Software as a Service (SaaS) platform for Mobile Device Management (MDM) on Android, built on Google's Android Management API (AMAPI). The service allows companies to:

• enroll and manage corporate Android devices;
• define and enforce security and configuration policies;
• monitor device status, compliance, and location;
• distribute and manage corporate applications;
• run remote commands on devices (lock, wipe, reboot, etc.);
• generate reports and audit trails.

ZonixEM acts as a data processor with respect to End Users' (employees') data, with the Customer acting as the data controller responsible for ensuring that use of the management features complies with applicable law, including Brazil's LGPD.

4. Registration and Account

• You must provide truthful, accurate, current, and complete information during registration.
• You are responsible for keeping your registration information up to date.
• You are fully responsible for the security of your access credentials and for all activity carried out under your account.
• Notify us immediately of any unauthorized use of your account or suspected security compromise at support@zonixem.com.
• An Account represents a single company (tenant). Sharing or reselling Platform access between distinct companies without ZonixEM's express authorization is prohibited.
• ZonixEM reserves the right to refuse registration or terminate accounts that violate these Terms.

5. Plans and Payment

• Trial period: new customers get free access for 14 days (Starter/Business) or 30 days (Enterprise), no credit card required. At the end of the trial, a paid plan is required to continue.
• Billing: plans are billed monthly or annually, as chosen at signup. Billing occurs in advance at the start of each billing cycle.
• Additional devices: the per-device cost is added to the monthly invoice based on recorded usage.
• Price changes: prices may change with 30 days' advance notice by email. Continued use after the effective date constitutes acceptance of the new prices.
• Refunds: no refunds are given for partial periods, except where required by Brazilian consumer protection law (CDC), where applicable.
• Delinquency: failure to pay on time may result in suspension of access after 5 days' prior notice. Cancellation occurs after 30 days of continued non-payment.
• Taxes: listed prices do not include applicable taxes (ISS, PIS, COFINS, etc.), which will be added per current Brazilian legislation.

6. Acceptable Use

You agree to use the Platform only for lawful purposes and in accordance with these Terms and applicable law. You are expressly prohibited from:

• Violating applicable laws or regulations, including Brazil's LGPD and the Marco Civil da Internet (Internet Civil Framework);
• Managing End Users' personal devices without the consent and transparency required by labor and data protection law;
• Using the Platform for corporate espionage, unlawful surveillance, or harassment;
• Attempting to access other tenants' data or bypass access control and security measures;
• Overloading, degrading, or compromising the Platform's infrastructure or availability;
• Reverse engineering, decompiling, or attempting to extract the Platform's source code;
• Reselling, sublicensing, or making Platform access available to third parties without express authorization;
• Posting, transmitting, or storing illegal, offensive, defamatory, fraudulent content, or content that violates third-party rights;
• Creating fake accounts or using false identities.

Violation of this clause may result in immediate suspension or termination of the account, without prejudice to any applicable legal action.

7. Device Data and End User Privacy

As the Platform's administrator, you act as the data controller with respect to the personal data of your End Users (employees with managed devices). In that capacity, you are responsible for:

• Obtaining End Users' consent, or relying on another valid legal basis under the LGPD, before applying monitoring policies (GPS location, usage logs, etc.);
• Clearly informing End Users about what data is collected, for what purpose, and for how long it is retained;
• Ensuring that use of monitoring features complies with Brazilian labor law (CLT) and the LGPD;
• Implementing appropriate internal privacy policies and providing channels for End Users to exercise their rights as data subjects.

ZonixEM provides the management tools according to the Customer's instructions. Misuse of these tools is the Customer's sole responsibility.

8. Intellectual Property

All content, source code, design, interfaces, documentation, trademarks, logos, and other elements of the Platform are the exclusive property of ZonixEM Sistemas Ltda. or its licensors, protected under Brazilian intellectual property law (Law 9,610/1998 and Law 9,279/1996).

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform solely for the purposes set out in these Terms and for the duration of the contract.

You retain ownership of the Customer Content you enter into the Platform. By entering content, you grant us a limited license to process it solely for the purpose of providing the contracted services.

Feedback or improvement suggestions voluntarily submitted may be used by ZonixEM without any obligation of compensation.

9. Availability and SLA

We are committed to keeping the Platform available in line with the service level agreement (SLA) of the contracted plan:

• Starter: 99.5% monthly availability.
• Business: 99.7% monthly availability.
• Enterprise: 99.9% monthly availability, with priority support.

The SLA does not apply to unavailability caused by: (i) scheduled maintenance, announced at least 48 hours in advance; (ii) third-party failures such as Google, Stripe, or internet providers; (iii) force majeure or acts of God; (iv) actions by the Customer itself that affect availability.

SLA-violation credits must be requested within 30 days of the incident, by opening a support ticket with details of the downtime period.

10. Limitation of Liability

The Platform is provided "as is." To the maximum extent permitted by Brazilian law:

• ZonixEM does not guarantee that the Platform will be uninterrupted, error-free, or that it will fully meet all of the Customer's requirements;
• We are not liable for indirect, incidental, special, exemplary, or consequential damages, including loss of revenue, data, or business opportunities;
• Our total liability, under any circumstances, is limited to the amount paid by the Customer in the 3 months of service immediately preceding the event giving rise to the damage;
• We are not liable for damages arising from the Customer's improper use of the Platform or from violations of End Users' rights caused by the Customer.

The limitations above do not apply to cases of willful misconduct, fraud, or violations that cannot be excluded under applicable law.

11. Termination

By the Customer: you may cancel your subscription at any time in the Platform's billing settings. Access remains active until the end of the current billing cycle.

By ZonixEM: we may suspend or terminate your access, with or without prior notice, in the event of:

• violation of these Terms or the Privacy Policy;
• non-payment for a period exceeding 30 days;
• use of the Platform for illegal activities;
• a request from a competent legal authority;
• discontinuation of the service (with 60 days' notice).

Effects of termination: after termination, you will have 30 days to export your data. After that period, data will be deleted in accordance with our Privacy Policy.

12. Changes to these Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated by email and/or a notice on the Platform at least 30 days before they take effect.

Continued use of the Platform after the effective date of the changes constitutes acceptance of the new Terms. If you do not agree with the changes, you must cancel your account before the effective date.

13. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Federative Republic of Brazil, including the Civil Code (Law 10,406/2002), the Consumer Protection Code (Law 8,078/1990, where applicable), the Marco Civil da Internet (Law 12,965/2014), and the General Data Protection Law (LGPD — Law 13,709/2018).

The courts of the Comarca de São Paulo/SP, Brazil, are elected to settle any disputes arising from these Terms, with express waiver of any other venue, however privileged it may be.

14. Data Protection (LGPD)

The processing of personal data within the Platform is governed by our Privacy Policy, which forms an integral part of these Terms. In the event of any conflict between these Terms and the Privacy Policy regarding personal data matters, the Privacy Policy prevails.

Under Brazil's LGPD, ZonixEM is the Controller of administrator Users' registration and usage data, and the Processor of End Users' data entered by the Customer into the Platform.

To exercise your rights as a data subject, visit our Privacy Policy or contact our DPO at privacy@zonixem.com.

15. Contact

For questions about these Terms or the Platform:

• Legal email: legal@zonixem.com
• Technical support: support@zonixem.com
• Contact form: zonixem.com/contact