Terms of Use and Privacy Policy

This Terms of Use and Privacy Policy ("TERMS") governs the use of services offered by the company VILLAR E MODESTO ENGENHARIA E TECNOLOGIA LTDA., registered under CNPJ/MF No. 22.652.359/0001-86, headquartered at Alameda Apolinário Moreira da Costa, No. 51, room 01, Marco district, Belém - PA, Brazil ("OCALEV"), through the websites https://ocalev.com, https://app.ocalev.com, https://woca.ocalev.com, https://woca.ocalev.com.br/ or the application called "OCALEV" ("PLATFORMS").

The use of the PLATFORMS services indicated above requires mandatory and cumulative compliance with: (i) prior registration and (ii) reading and acceptance of this Terms of Use and Privacy Policy.

The USER(S), as duly defined below, who intend(s) to use the PLATFORMS service(s), must ensure that they meet the registration requirements and that they understand and accept the General Terms and Conditions of Use and the Privacy Policy established herein. By using the service, the USER acknowledges being aware of the content of these Terms of Use and will be legally bound by all conditions set forth herein.

1. Definitions

1.1. In these TERMS, unless otherwise expressly stated or required by the context, capitalized terms, whether singular or plural, shall have the meanings specified below:

LGPD: Law No. 13,709/2018 (Brazilian General Data Protection Law).

Personal Data: Means all information entered by the USER for personal identification during the use of the PLATFORMS.

Sensitive Personal Data: Any personal data concerning racial or ethnic origin, religious conviction, political opinion, trade union or religious, philosophical or political organization membership, data related to health or sexual life, genetic or biometric data, when linked to a natural person. In other words, any data about a natural person that may cause embarrassment, prejudice or harm if made public or used improperly is considered sensitive personal data.

Platforms: Means the websites https://ocalev.com, https://app.ocalev.com, https://woca.ocalev.com, https://woca.ocalev.com.br/ and/or the application "OCALEV", through which the USER may use the services offered therein.

Terms: Means these Terms of Use and Privacy Policy.

User(s): Means persons over 18 (eighteen) years of age registered to use the services available on the PLATFORMS.

Interested Party: Means the person interested in registering on the PLATFORMS whose registration has not yet been approved.

2. Purpose

2.1. The purpose of this instrument is to regulate the services offered on OCALEV's PLATFORMS to the USER(S), these being automated drafting services of a residential electrical project sketch, using the digital tools provided by OCALEV on the PLATFORMS.

2.2. The USER(S) acknowledge(s) and agree(s) that the sketch of their electrical project(s) obtained through the PLATFORMS provided by OCALEV must be presented to duly qualified professionals, so that they can provide the necessary revisions and relevant documents for validation, in accordance with locally applicable technical and legal standards, as well as proceed with the respective electrical installations.

2.2.1. It is established that the PLATFORMS will offer USERS only a residential electrical project sketch, and OCALEV is not responsible for any problem or damage that the USER may suffer resulting from the electrical project used and/or electrical installations, which must necessarily be validated by a qualified professional.

3. User Registration

3.1. The PLATFORMS services may only be used by persons over 18 (eighteen) years of age, provided that: (i) for residents in Brazil, with a valid CPF and email address, and (ii) for residents outside Brazil, with a valid name and email address.

3.1.1. In addition to persons considered legally incapable by law, persons who have been disabled by the PLATFORMS will also be prevented from using the services.

3.2. To become a USER, the first step is personal registration, in which the INTERESTED PARTY must fill in all available and mandatory registration fields, as well as provide a login, email, and password, also considered mandatory data.

3.2.1. The data provided by the USER on the PLATFORMS, including banking data, will be used by the payment platforms PagSeguro, PayPal, and Stripe, responsible for payment intermediation as described in Clause 8.

3.2.2. By contracting Ocalev services involving financial transactions, the user agrees that some data necessary to carry out the payment may be shared with the authorized payment provider (payment gateway). This is necessary to process payment securely and efficiently.

3.3. Some information considered additional may be included both during registration and at a later time at the USER's preference to change their personal profile. The INTERESTED PARTY commits to providing accurate, precise, and truthful information, assuming the commitment to update PERSONAL DATA whenever any change occurs.

3.4. OCALEV may deny any registration request, as well as cancel a previously accepted registration that is not in accordance with these TERMS. It is established that the INTERESTED PARTY's registration on the PLATFORMS, once approved, will allow the use of the PLATFORMS services in sync with the subscription plan chosen.

3.5. Each USER must have only one registration. If duplicate registrations are identified, OCALEV may permanently disable all duplicate registrations of the USER on the PLATFORMS, regardless of any notice or notification to the USER.

3.6. To complete registration on the PLATFORMS, the USER must choose from the available Subscription Plans for using the PLATFORMS tools, which will be charged according to clause 8 of these TERMS.

3.7. The USER may, at any time, request the deletion of their registration. To do so, they must send a request to the email contato@ocalev.com. The cancellation request will be analyzed within 48 (forty-eight) hours to verify any financial pending issues. If there are no known pending issues, the PLATFORMS will proceed with the registration deletion.

4. General Data Collection

4.1. OCALEV's priority is to ensure the privacy and security of information provided by USERS registered on the PLATFORMS. In this regard, OCALEV will use its best efforts to ensure the protection of USERS' privacy, as its policy is not to participate in the practice of selling or exchanging personal data with third parties for promotional purposes.

4.1.1. All information or PERSONAL DATA will be provided with the consent of its holders, entered by the USER on the PLATFORMS, and will be stored on high-security servers or magnetic media. The PLATFORMS undertake to adopt the necessary measures to maintain the confidentiality and security of information, it being established, however, that they shall not be liable for any damages caused by the violation of necessary security and confidentiality measures by third parties using public networks or the internet, subverting security systems to access USER information.

4.2. USERS are aware that, specifically, the PLATFORMS software monitors some personal identification information necessary to achieve the purposes described in these TERMS, as well as for service improvement. When using the PLATFORMS, through the Internet portal or application, the USER acknowledges and accepts this monitoring and collection of information and data.

4.3. The USER is aware and accepts that the personal information provided will be registered in the system to comply with current legislation and any orders issued by competent authorities.

4.4. The information extracted from the use of the PLATFORMS by USERS, except for personal messages ("Chat"), will serve as inputs for mapping market information and compiling OCALEV statistics. Therefore, the USER expressly accepts the collection, storage, processing, and use of their information for the purposes established herein.

4.4.1. Additionally, the information provided will be used to: (i) manage the USER's account in order to customize and continuously improve the services; and (ii) communicate news and updates.

4.5. If the USER opts for the cancellation of their registration on the PLATFORMS, OCALEV may retain certain information to comply with laws and regulations applicable to the mandatory retention of certain types of information relating to USERS and/or any commercial transactions with them, as well as to comply with orders or requests from governmental or judicial authorities.

4.6. The use of any device, software, or other resource that interferes with the activities and operations of the PLATFORMS is prohibited. Any intrusion, attempt, or activity that violates or attempts to violate, or contravenes intellectual property laws and/or the prohibitions stipulated in these TERMS, will subject the responsible party(ies) to relevant legal actions, as well as the sanctions provided herein, and they will also be liable for compensation for any damages caused.

5. Data Protection

5.1. The Parties, by themselves and through their employees, undertake to act under this Agreement in compliance with current legislation on the protection of data relating to an identified or identifiable natural or legal person ("personal data" and "sensitive personal data"), in particular, Law 13,709/2018 ("General Data Protection Law"), and the determinations of regulatory/supervisory bodies on the matter, in addition to other data protection rules and policies in each country where there is any type of data processing by one of the Parties, which includes data from their respective beneficiaries.

5.2. The Parties qualify as controllers to the extent that they are responsible for decisions regarding the processing of personal data and sensitive personal data of beneficiaries of the Software License for a Determined Period. The Parties are characterized as operators to the extent that they process the personal and sensitive personal data of said beneficiaries on behalf of the controller.

5.3. The Parties shall be responsible, as provided for in article 42 of Law No. 13,709/18, for the processing of personal data and sensitive personal data they carry out, and also in relation to their own activities.

5.4. In case of negligent, intentional, or fraudulent violation of the rights of personal data holders or applicable rules for the processing of personal data, which compromise, mainly, the confidentiality, integrity, and/or security of the data made available to them, the other party shall be guaranteed the right of recourse provided for in paragraph 4 of article 42 of Law No. 13,709/18.

5.5. The Parties are contractually bound to comply with the duties established in the referred General Data Protection Law, and must treat as confidential all data to which they may have access due to the fulfillment of the provisions of this Agreement. In this sense, the processing of personal and sensitive personal data is based on the principles of the referred law, in particular, but not limited to, the principles of purpose, adequacy, and necessity, as provided for in the General Data Protection Law – LGPD.

5.5.1. The processing of personal data and sensitive personal data will occur solely and exclusively for the purpose of executing the object of this agreement.

5.5.2. The processing of personal data and sensitive personal data will be carried out only with the information necessary for the execution of this agreement.

5.5.3. When it is necessary to process personal and sensitive personal data for the execution of the object of this agreement, it will be carried out in accordance with the rules established by Law No. 13,709/2018.

5.5.4. The personal and sensitive personal data shared between the parties must be stored in a secure location, adopting the best market practices so that they are not improperly accessed or, in any way, violated and leaked.

5.5.8. They shall notify the other party, within 72 (seventy-two) business hours, of any incident, destruction, loss, alteration, disclosure, or accidental, unauthorized, or illegal access to the personal data and sensitive personal data of the contractor's beneficiaries, and shall take immediate and necessary measures to correct any type of security breach, as well as make the proper communications to the Regulatory bodies, especially the National Data Protection Authority – ANPD.

5.5.9. The personal and sensitive personal data of the beneficiaries shall be deleted as soon as the purpose of this agreement is exhausted, the fulfillment of regulatory obligations, or the end of the regulatory period for data retention, defined by the regulatory bodies of the activities covered by this agreement, as provided for in article 16, items I and IV, of Law No. 13,709/18, under penalty of application of the provisions of article 42, paragraph 1, item I, of the LGPD.

5.6. OCALEV permanently maintains an Information Security Committee in its organizational structure. Thus, any notification of information security incidents must be sent to the following email address: contato@ocalev.com.

5.7. Furthermore, for Users residing in the United States, we are fully committed to complying with applicable state privacy laws, including but not limited to the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). US residents have specific rights regarding their personal information, including the right to know what data is collected, the right to request deletion of their data, and the right to opt-out of the sale or sharing of their personal information.

6. Website Access

6.1. The USER will access their account through personal login and password, and commits not to disclose such data to third parties, being fully responsible for the use made thereof. The USER is solely responsible for the operations carried out in their account, as the information necessary to access must be confidential and exclusively known to them.

6.2. In case of loss, misplacement, or suspicion of improper use of their account, login, or password, the USER must notify the PLATFORMS immediately via email at contato@ocalev.com. In this case, the PLATFORMS will block the respective registration until the best way to resolve the issue is identified.

6.3. The assignment, sale, rental, or any other form of transfer of a USER's account to third parties is expressly prohibited, as is the creation of new registrations for USERS whose original registration has been unilaterally canceled by the PLATFORMS.

6.4. Regarding the processing of personal data and cookies, the USER agrees that the PLATFORMS may collect, store, and use information in accordance with their Privacy Policy. Additionally, the PLATFORMS may use analytics services, such as Google Analytics, to improve user experience and understand site usage.

6.5. The PLATFORMS reserve the right to automatically update these Terms of Use without the need to inform the USER in advance. The most recent version of the Terms of Use will always be available on the website for consultation.

7. User Obligations and Responsibilities

7.1. It is the USER's duty to comply with the current terms and conditions of these Terms of Use and Privacy Policies, which includes respecting the intellectual property of third parties and OCALEV.

7.2. The USER must not download, upload, or otherwise disseminate material or information of a violent, offensive, racist, or xenophobic nature, or any material that violates the spirit and purpose of the PLATFORMS and its user community.

7.3. In addition to the legally established obligations, the USER commits to: a) make the payment of the amount related to the Contracted Plan for the use of the services provided herein, in accordance with clause 8 of these TERMS; b) manage the tools provided by OCALEV in compliance with good faith; c) not perform reverse engineering, decompilation, or disassembly of the "OCALEV" software and the PLATFORMS; d) comply with the guidelines provided for improving the performance of the PLATFORMS software, when issued; e) be responsible for acts not in accordance with this agreement and the Terms of Use and Privacy; f) immediately communicate to OCALEV any information, data, or situations that may violate the conditions established in this Agreement; g) cooperate to maintain the privacy of data exchanged between USER and OCALEV; and h) present the electrical project sketch issued by the PLATFORMS to qualified professionals for any regularization, improvements, issuance of relevant documents for validation, and also for carrying out the installations.

7.4. It is established that electrical projects created through the OCALEV platform may be used by OCALEV for demonstration, presentation, or disclosure purposes, whether at events, publications, or other media, always respecting the confidentiality and security of the client's specific information. This clause does not imply any transfer of intellectual property, being restricted only to the mentioned purpose.

8. Availability and Use of Platform Tools

8.1. After the USER's registration on the website or application, the functionalities of the PLATFORMS will be activated, followed by proper instructions for using the tools. The digital tools provided are: a) interpretation of data provided by the USER to create a floor plan drawing of a virtual construction; b) development of a virtual residential electrical project sketch; c) estimation of electrical point locations (outlets, lights, panels, etc.) and estimation of the respective sizing of power cables and conductors; d) budget estimation for the quantity of materials to be used in the project.

8.2. The greater accuracy of the electrical project sketch and the use of the PLATFORMS tools depend on the correct entry of information by the USERS, in accordance with all instructions provided by OCALEV when implementing the software and activating its functionalities.

8.3. The USER declares being aware of the legal rules applicable to their condition set forth in Laws 13,709 and 9,610, of August 14, 2018, and February 19, 1998, and in Decree No. 2,556 of April 20, 1998.

9. Payment

9.1. It is established that the use of the PLATFORMS tools by the USER and the continued availability thereof are conditioned on payment of the amount related to the "Contracted Plan", which will be presented on the OCALEV Internet portal or application and selected by the USER, with acceptance of all payment conditions when the registration operation is completed.

9.2. Each "Plan" will establish the period of availability of the digital tools on the PLATFORMS, the corresponding amount for each period, and the accessory and extra services offered at the time of selection.

9.2.1. The selection of "Plans" during the contracting stage is the sole and exclusive responsibility of the USER, binding them to payment in the form and within the deadlines informed.

9.2.2. In the event of cancellation of the account registered by the USER, they must pay for the Contracted Plan until the end of the contracted period, and the service will remain active until such date.

9.3. OCALEV may change, in any aspects, the offers and values of the "Plans", maintaining the conditions of Plans already contracted until the date of their termination or eventual renewal. Renewals, regardless of the Plan chosen, will be based on the new values stipulated by OCALEV, with the USER free to join the new plan or withdraw after the end of the contracted plan period.

9.4. Default in payment of the Contracted Plan will result in the immediate suspension of the USER's access to their account on the PLATFORMS, as well as the suspension of activities at the stage of the process in which they are located, and OCALEV is not obligated to safeguard the data entered by the USER during the execution of any of the stages.

9.5. Failure to make payment on the due date will oblige the USER to pay a fine of 2% (two percent) and default interest of 1% (one percent) per month pro rata temporis, levied on its value adjusted for inflation by the variation of the IGPM, "pro rata die".

9.6. At OCALEV's sole discretion, amounts not paid by the USER may be claimed judicially or extrajudicially, through protest, registration with a credit protection database, or collection notice.

9.7. By opting for a paid subscription, the user acknowledges and explicitly agrees that the immediate delivery of the free version of the application has already been made at the time of payment. We emphasize that, due to this immediate delivery, the subscription does not fall under the right of withdrawal (Article 49 of the Consumer Defense Code), since the product was made available and accessible to the user instantly.

9.8. We inform that, after confirmation of the subscription payment, no refund will be possible. This policy aims to ensure transparency and avoid possible inconveniences, considering the instant nature of service delivery. We recommend that the user carefully review the features and functionalities available in the free version before proceeding with the paid subscription, thus ensuring an informed decision aligned with their expectations.

10. Term of Validity

10.1. This agreement will be valid according to the period indicated in the Contracted Plan and may be renewed by contracting a new plan or continuing to use the Platforms, an option that will be considered as a renewal of the Plan already Contracted.

10.2. It is emphasized that even after the expiration of these TERMS, the effects and conditions regarding the privacy of the USER's data and legal obligations related to intellectual property shall survive for the period established in current legislation.

10.3. In addition to the obligations indicated above, in the event of cancellation by the USER during the term of the Contracted Plan, the USER is still obligated to make payment of the amounts due under the Contracted Plan until the final date of their contract.

11. Limitation of Liability

11.1. The Platforms are exclusively responsible for preparing an electrical project sketch for Users, assuming no responsibility for Users' failure to observe the conditions presented herein, especially regarding the obligation to present the sketch to a qualified professional for validation, as well as for carrying out its respective installation.

11.2. Furthermore, OCALEV shall not be held liable for any imperfections in the operation of the Platforms caused by third-party failures, such as temporary unavailability of internet operators, hardware defects, computer viruses, problems with other programs, anomalies in power distribution, among other causes, as well as for pre-existing defects or failures in the database or equipment that serve as support for the installation or operation of the tools provided.

11.3. OCALEV is not responsible, under any circumstances, for the solidity and safety resulting from the implementation of the project resulting from the application of the tools and other functionalities of the Platforms, as well as for the accuracy of budgets, quantities, and variables of the final product of using the Platforms tools. The USER is aware that the digital solution provided through the Platforms constitutes an approximate estimate, so that the execution of the project depends on compliance with technical standards and observance of related legislation, under the responsibility of a qualified professional to be hired by the Users.

11.4. Due to the need for database maintenance and software updates on the Platforms, OCALEV reserves the right to suspend, without prior notice, the availability of the application for the time necessary to correct failures or imperfections that compromise the regularity of the software, as well as as a result of force majeure situations or fortuitous events.

11.5. OCALEV is also not responsible for facts arising from the inaccuracy of data entered by the USER.

11.6. OCALEV is not responsible for backing up information in the USER's account database.

12. General Provisions

12.1. The USER is solely responsible for any damages caused to third parties, as well as to the PLATFORMS due to improper use and/or use not in accordance with the instructions provided by OCALEV.

12.2. OCALEV hereby declares, for all due purposes, that it has full powers to grant the USER the License to Use the "OCALEV" Software on the PLATFORMS, in the form of making digital tools available as indicated in these Terms and in the instructions on the OCALEV Internet portal and application.

12.3. OCALEV may conduct any type of advertising or marketing action associated with the "OCALEV" software and its PLATFORMS, at any time during its availability or use.

12.4. The USER declares full awareness that the use of digital tools available on the PLATFORMS does not replace the technical competencies of legally qualified professionals for the implementation of the electrical project sketch resulting from the application of the software.

12.5. The USER authorizes OCALEV to use the email address provided for sending information, guidance, final products from the software use, as well as the use of this address for possible application partners.

12.6. Any act of mere tolerance by OCALEV does not represent a waiver of rights, nor novation of the obligations assumed in this agreement. Should any of the stipulations of these TERMS be deemed null or voidable, all other clauses shall remain in force.

12.7. OCALEV reserves the right to modify these Terms of Use and Privacy at any time, aiming at their improvement and enhancement of the services provided. All modifications will be communicated through our official communication channels with the USER, who, by remaining in the system, demonstrates agreement with the modifications made. For this reason, OCALEV recommends careful reading at each access to the PLATFORMS.

12.8. If the USER has any questions or suggestions about the "OCALEV" software and the PLATFORMS, they may send an email to: contato@ocalev.com.

12.9. These TERMS do not create any partnership agreement, mandate, franchise, or employment relationship between the PLATFORMS, OCALEV, and the USER(S).

12.10. The commercial use of the expression "OCALEV" and the domains https://ocalev.com, https://app.ocalev.com, https://woca.ocalev.com, https://woca.ocalev.com.br/ as a trademark, business name, or domain name, as well as the contents of screens related to the PLATFORMS services, are protected by international laws and treaties on copyright, trademarks, patents, models, and industrial designs. Improper use and total or partial reproduction of said contents are prohibited, except with the express authorization of the site.

13. Jurisdiction

13.1. Cases not covered by this instrument, or conflicts in its execution, shall preferably be resolved by mutual agreement between the parties. To settle doubts and resolve conflicts, the parties elect the Court of the District of Belém – PA, Brazil, with advance waiver of any other, however privileged it may be.

13.2. However, this provision is established without prejudice to any mandatory consumer protection rights guaranteed by the local laws of the User's state of residence in the United States.