Terms of Use
Last updated: 01/19/2025
1. Introduction and Acceptance
Welcome to UsePonto! These Terms of Use ("Terms") govern access to and use of the UsePonto platform, an electronic time clock system developed and operated by Criarflix Tecnologia Ltda., registered under CNPJ 62.669.747/0001-94.
By accessing or using UsePonto, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not access or use our services.
You represent that you are at least 18 years old or of legal age in your jurisdiction. Use by minor apprentices (from 14 years old) must be authorized by the employer and legal guardian.
2. Definitions
For purposes of these Terms, the following terms have the meanings indicated:
Service
The UsePonto platform, including mobile application and web platform, and all electronic time clock functionalities.
User
Any individual or legal entity that accesses or uses the Service, including employees and administrators.
Account
The User's registered profile that allows access to the Service.
Content
All data, information, and materials submitted, stored, or processed through the Service.
Subscription
The paid plan that grants access to the Service features.
Company
The legal entity that contracts the Service for managing employee time records.
3. Service Description
UsePonto is a 100% digital electronic time clock system, developed in compliance with Portaria MTP No. 671/2021 and its updates. The Service operates as REP-P (Program-based Electronic Time Clock).
- Electronic time clock with facial recognition
- Geolocation at the time of clock-in
- Generation of AFD and AEJ reports according to legislation
- Support for multiple companies with total data isolation
- Real-time work time management dashboard
- Integration with payroll systems
- Digital receipts with PAdES signature
4. Registration and User Accounts
To use the Service, you must create an Account by providing accurate, complete, and up-to-date information.
- Maintain the confidentiality of your access credentials
- Not share your Account with third parties
- Immediately notify us of any unauthorized use
- Keep your registration data up to date
- Be responsible for all activities performed on your Account
5. License Grant
Subject to compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service.
Permitted
- Use the Service for legitimate business time clock management purposes
- Access reports and work time data from your company
- Configure and customize the Service within available options
Prohibited
- Do not copy, modify, or distribute the Service software
- Do not reverse engineer or decompile the code
- Do not resell or sublicense access to the Service
- Do not use the Service for illegal or unauthorized purposes
- Do not attempt to circumvent security measures or technical limitations
6. Payment and Subscription
Access to the Service requires a paid Subscription, except during the free trial period.
- Subscriptions are billed monthly or annually, according to the chosen plan
- Prices may be changed with 30 days prior notice
- No refunds for partial periods of use
- Failure to pay may result in access suspension
- Cancellation can be done at any time without penalty
- Promotional discounts apply only to the specified period
7. Intellectual Property
UsePonto and all its content, features, and technology are the exclusive property of Criarflix Tecnologia Ltda.
- The UsePonto brand, logos, and visual identity are protected by law
- Users retain ownership of their work time data
- Feedback and suggestions may be used without compensation
- Misuse of intellectual property is prohibited
8. User Responsibilities
When using the Service, you agree to:
- Provide accurate and truthful employee data
- Comply with applicable labor laws
- Not use the Service for fraudulent purposes
- Maintain your own backup of critical data when necessary
- Ensure employees are aware of system use
- Respect the privacy and rights of others
9. Prohibited Uses
It is expressly prohibited to use the Service to:
- Attempt unauthorized access to systems or data
- Interfere with the operation of the Service or servers
- Extract data automatically (scraping)
- Send malicious content or viruses
- Impersonate another person or entity
- Violate the privacy of employees or third parties
- Circumvent or falsify time clock records
- Use for purposes that violate Brazilian law
10. Service Availability
We strive to keep the Service available 24 hours a day, 7 days a week.
- 99.9% availability target (uptime)
- Scheduled maintenance will be communicated in advance
- We do not guarantee uninterrupted or error-free operation
- Force majeure events may affect availability
- We reserve the right to modify or discontinue features
11. Warranty Disclaimer
The Service is provided "as is" and "as available", without warranties of any kind, express or implied.
- We do not guarantee fitness for specific purposes
- We do not guarantee specific results from using the Service
- Users are responsible for verifying record compliance
- We recommend regular backup of important data
12. Limitation of Liability
To the maximum extent permitted by law, Criarflix Tecnologia Ltda. shall not be liable for:
- Indirect, incidental, or consequential damages
- Loss of data, profits, or business opportunities
- Service interruptions beyond our control
- Actions of third parties or misuse by Users
- Our total liability is limited to the amount paid in the last 12 months
13. Termination
This agreement may be terminated under the following conditions:
- Users may cancel their Subscription at any time
- We may suspend or terminate Accounts that violate these Terms
- After termination, access to the Service will be revoked
- Data will be retained according to legal requirements (minimum 5 years for AFD)
- Intellectual property and limitation of liability provisions survive
14. Modifications to Terms
We reserve the right to modify these Terms at any time.
Significant changes will be communicated with 30 days notice by email or notice in the Service. Continued use after changes constitutes acceptance of the new Terms.
15. Governing Law and Venue
These Terms are governed by the laws of the Federative Republic of Brazil, including the Consumer Defense Code (Law No. 8.078/1990) when applicable.
The courts of Fortaleza, State of Ceará, are elected to settle any disputes arising from these Terms, waiving any other, however privileged.
16. Contact
For questions, suggestions, or complaints related to these Terms of Use, please contact us:
Criarflix Tecnologia Ltda.
CNPJ: 62.669.747/0001-94
Email: contato@useponto.com.br
We will respond to all requests within 5 (five) business days.