Terms of use
Birdtask — task and project management platform. Electronic adhesion contract. By accessing, browsing, registering for or using Birdtask, you declare that you have read, understood and accepted these Terms of Use. If you disagree with any condition, we recommend that you do not use the platform.
These terms may be updated periodically. For significant changes, we will give at least 30 days’ notice through the registered email address and/or a prominent notice on the platform. Continued use after the changes take effect constitutes acceptance of the new conditions.
CLAUSE 1 — IDENTIFICATION OF THE SERVICE PROVIDER
IOTBRAS Licenciamento de Software LTDA, a private legal entity established at Rua Salto Veloso, 192, Letra Y, Bairro Iririú, Joinville/SC, postal code 89.227-160, Brazil, registered under CNPJ No. 27.788.008/0001-10, hereinafter referred to simply as IOTBRAS, provides task and project management services through the website https://birdtask.com/, which shall be governed by the clauses and conditions below.
CLAUSE 2 — DEFINITIONS
The following definitions apply throughout these terms:
BIRDTASK: the task, board and project management platform referred to in these terms;
IOTBRAS: the legal entity responsible for BIRDTASK;
CUSTOMER: the individual or legal entity that contracted the services of the BIRDTASK platform;
GUEST: a person invited by the CUSTOMER to collaborate on one or more boards;
USER: any person accessing or interacting with BIRDTASK, including the CUSTOMER and the GUEST.
CLAUSE 3 — PURPOSE OF THE PLATFORM
The BIRDTASK platform provides services for organizing and tracking tasks, boards, statuses, deadlines, calendars and collaboration between people and teams.
The platform provides the services listed on the website and according to the plan contracted by the USER.
CLAUSE 4 — PAYMENT
To subscribe, the CUSTOMER must access the subscription screen within the system and choose the desired plan and payment frequency (monthly or annual). The CUSTOMER must then proceed to payment, which will be managed by a third party of our choice, currently Stripe. The CUSTOMER hereby agrees to that third party’s terms, conditions and privacy policy.
If the CUSTOMER fails to pay, IOTBRAS may block or suspend all or part of the BIRDTASK platform’s features until payment is settled.
There will be no late-payment penalty, and the user may settle payment on the subscription page within 90 days.
IOTBRAS may adjust prices at any time, and the CUSTOMER will pay the new price from the next renewal.
The CUSTOMER may request a full refund within 7 days of purchase under the right of withdrawal. In that case, IOTBRAS may block use immediately.
There is no minimum-term commitment. Cancellation may be requested at any time and takes effect at the end of the period already paid for.
CLAUSE 5 — USER OBLIGATIONS AND RESPONSIBILITIES
Users are responsible for and undertake to:
a) Use the platform ethically and for lawful purposes;
b) Provide accurate, truthful, complete and up-to-date registration information and data. This information will be used to issue invoices for the subscription;
c) Keep their access credentials confidential, remain responsible for all activities carried out in their account and immediately report any unauthorized use;
d) Have compatible devices and equipment, internet service, antivirus protection and up-to-date software;
e) Configure their antispam systems, similar filters or message settings to receive communications and materials from BIRDTASK; failure to access an email or notification will not be accepted as an excuse;
f) Respect all BIRDTASK intellectual property rights;
g) Not access BIRDTASK programming areas, its database or any other set of information that is part of its administration;
h) Not carry out or permit any malicious action, exploitation or intrusion against BIRDTASK;
i) Bear sole responsibility for any damage they cause to BIRDTASK or third parties through failure to comply with these obligations or through untruthful information, with no secondary or joint liability on the part of BIRDTASK;
j) The USER is solely and fully responsible for the information they enter on the platform, including tasks, descriptions, comments and invitations, and shall be solely responsible for any civil or criminal penalties resulting from inaccuracies in that data;
k) When inviting someone to a board, the CUSTOMER acknowledges that the GUEST may view and, according to the permission granted, change the shared content. The CUSTOMER must assess what information to share and with whom.
CLAUSE 6 — BIRDTASK OBLIGATIONS AND RESPONSIBILITIES
IOTBRAS will keep the BIRDTASK platform available for the contracted period, except in cases of force majeure, such as attacks and unavailability of IOTBRAS technical services.
The BIRDTASK platform is offered to USERS as it is, including any technical problems and limitations. The platform may undergo ongoing improvements and updates, and IOTBRAS undertakes to protect the data collected in the manner it considers most effective.
CLAUSE 7 — USE OF PERSONAL DATA
By accepting and agreeing to these terms, you authorize IOTBRAS to use your personal data within the limits and for the purposes set out herein, as provided in Law No. 13.709/2018 (Brazilian General Personal Data Protection Law — “LGPD”).
BIRDTASK collects personal data from its USERS and processes only personal data relevant to carrying out its activities, proportionately and without excess. The personal data requested and provided by USERS during registration is therefore necessary to access and use BIRDTASK’s exclusive features, such as boards, tasks, notifications and collaboration.
We also inform USERS that their data may be used to notify them about BIRDTASK marketing campaigns and billing through third-party services. Data may be collected anonymously to improve our internal services and advertising tools.
Users may change their consent to marketing campaigns at any time, deciding whether or not they wish to receive them.
The site also collects cookie information to enable browsing and improve and develop platform functionality, as described in the site’s cookie banner.
Finally, personal data may also be processed to comply with legal or regulatory obligations, for the regular exercise of rights in judicial, administrative or arbitration proceedings, on the basis of legitimate interests and for performance of contracts.
IOTBRAS may share your personal data with companies such as payment gateways, infrastructure providers and email delivery services to ensure the viability of its operations. In some cases, we may transfer personal data to public administration organizations and institutions to (i) comply with legal or regulatory obligations; (ii) respond to legal proceedings, such as court and government orders; (iii) regularly exercise rights in judicial or administrative proceedings; (iv) where there is a legitimate interest.
If USERS need to exercise any rights concerning their personal data or clarify any questions about these terms, they may contact us by email at hello@birdtask.com or the support channels available on the platform.
USERS are guaranteed the rights to: (i) confirmation of the existence of processing; (ii) access to data; (iii) correction of incomplete or inaccurate data; (iv) anonymization, blocking or deletion of unnecessary data; (v) portability; (vi) deletion of data processed with consent; (vii) withdrawal of consent at any time.
Personal data will be retained for the period necessary to perform the contract and, after its termination, for a minimum of 5 (five) years to comply with legal obligations, unless the data subject requests deletion.
CLAUSE 8 — LIMITATION OF LIABILITY
Under no circumstances shall IOTBRAS be responsible:
a) For third-party services available on BIRDTASK; the USER is responsible for checking and being aware of the third party’s terms and conditions;
b) For failures to access the BIRDTASK website;
c) For any direct or indirect damage caused by third-party events, such as hacker attacks, system, server or internet connection failures, including actions of malicious software;
d) For content entered through the BIRDTASK platform, including tasks, comments and information shared with guests. Such data is the responsibility of the CUSTOMER, who shall bear sole civil and criminal responsibility for it;
e) For any fraudulent electronic communications that collect personal data from its users (phishing).
IOTBRAS may also carry out shutdowns for maintenance, updates and configuration adjustments to the BIRDTASK website, to improve the quality of services provided to USERS, on any day and at any time necessary.
IOTBRAS shall not be liable, under any circumstances, for any losses or damages, including lost profits, related to suspension of access to the BIRDTASK website. USERS have no right to make demands concerning the availability of the BIRDTASK website, nor may they claim compensation or damages if it remains offline, regardless of the reason.
IOTBRAS may, at its sole discretion and without any obligation, at any time temporarily disable certain features to minimize risks of human error and/or misuse of BIRDTASK until any noncompliance has been corrected.
CLAUSE 9 — EXCLUSION OF WARRANTIES
The BIRDTASK platform is provided as described in the available plans. IOTBRAS will make reasonable efforts to keep the service available and functional, without guaranteeing uninterrupted availability or the absence of technical failures caused by factors beyond its control.
In the event of a service fault or defect directly attributable to IOTBRAS, the CUSTOMER may exercise the rights provided in Article 20 of the Brazilian Consumer Protection Code, limited to re-performance of the service, a proportional price reduction or termination of the contract with a refund of amounts paid for the unused period.
IOTBRAS’s liability shall be limited to the total amount paid by the CUSTOMER in the last 3 (three) months preceding the event causing the damage, except in cases of intentional misconduct or gross negligence.
CLAUSE 10 — GENERAL CONDITIONS
By using the BIRDTASK platform, users agree that they have read, understood and accepted these Terms of Use and the Privacy Policy.
USERS retain ownership of the content they enter on the platform, granting IOTBRAS only the license necessary to host, process, display and transmit that content for the purpose of providing the service.
The USER agrees that this document may be changed at any time without any notice. The new conditions will take effect 10 (ten) days after their publication on the BIRDTASK website.
CLAUSE 11 — APPLICABLE LAW AND JURISDICTION
These Terms of Use shall be interpreted exclusively under the laws of the Federative Republic of Brazil.
The courts of the Judicial District of Joinville/SC are designated as competent to resolve any questions and/or disputes arising from these Terms, in preference to any other, however privileged it may be or become.
The Parties fully agree that these Terms shall be signed through a digital acceptance tool, under paragraph 2 of Article 10 of Provisional Measure 2.200-2/2001. These Terms are irrevocably considered by all signatories to be documentary evidence and an extrajudicial enforceable instrument, for all purposes and effects.
CONTACT
IOTBRAS LICENCIAMENTO DE SOFTWARE LTDA — CNPJ 27.788.008/0001-10 — Rua Salto Veloso, 192, Letra Y, Bairro Iririú, Joinville/SC, postal code 89.227-160, Brazil. Questions about these terms may be sent to hello@birdtask.com.