Terms of use
The purpose of this document is to establish the Terms of Use ("Terms"), which constitute a binding agreement between you and ELEFANTE LETRADO SERVIÇOS EDUCACIONAIS LTDA., a company registered under CNPJ/ME No. 18.110.449/0001-78 ("Elefante Letrado," "we," "us," or "our"), the operator and sole owner of the Elefante Letrado Reading Platform ("Platform").
Access to the Platform is provided under an agreement entered into between the educational institution (“School”) and Elefante Letrado. Teachers employed by the School (“Teachers”) will be granted access through the registration carried out by the School. Students enrolled at the School (“Students”) will be granted access upon the consent of their Legal Representatives, through a username and password provided by Elefante Letrado. Teachers and Students, together with their respective Legal Representatives, when referred to collectively, shall be referred to as the “User” or “Users”.
The Elefante Letrado Reading Platform is an innovative digital reading platform designed to promote reading habits and develop children's reading comprehension skills.
By accessing the Platform, Users acknowledge and agree to the terms and conditions set forth in these Terms and in the Privacy Policy. If you do not agree with the terms and conditions in these documents, you must not use the Platform.
Elefante Letrado reserves the right, at its sole discretion, to update these documents periodically. It is your responsibility to review them regularly for any modifications or updates.
Please read these Terms carefully before using the Platform.
1. DEFINITIONS
For the purposes of these Terms of Use, the following words and expressions shall have the meanings assigned to them below.
“Elefante Letrado Reading Platform” refers to a virtual library that provides online access to a collection of literary works within a controlled and licensed environment offered by Elefante Letrado, without permitting downloads. The Platform consists of leveled books and structured educational activities designed to foster the development of reading habits and reading comprehension skills.
"Elefante Letrado Website" or "Elefante Letrado App" means the methods through which Users may access the Elefante Letrado Reading Platform.
"Technical Support" means the technical support services provided by telephone, email, or online chat, exclusively to schools using the Elefante Letrado Reading Platform.
2. PURPOSE
2.1 These Terms of Use govern the availability of the Elefante Letrado Reading Platform provided by Elefante Letrado, or by third parties authorized by Elefante Letrado, and its use by Users.
2.1.1 The Platform is intended to provide Users with online access to and consultation of a collection of literary works in text and/or audio format within a controlled and licensed environment, without the possibility of downloading such content. All other rights remain exclusively reserved to Elefante Letrado.
2.1.2 Users may access the Platform through computers, mobile phones and/or tablets. Where applicable, Users may be required to download the corresponding application.
2.1.2.1 Access to the Platform requires an active Internet connection.
2.1.3 All User access sessions are protected, and the Platform's content may only be accessed while the applicable contractual relationship remains in force.
2.2 For contractual reasons, certain works available in the Platform's collection may occasionally be discontinued and/or replaced. Likewise, the appearance, features, and configuration of the Elefante Letrado Reading Platform may be modified without prior notice from Elefante Letrado.
2.3 Instructions for accessing the Platform are available on the Elefante Letrado Website and through the Elefante Letrado App.
2.5 To ensure proper operation of the Platform, Users must meet the following minimum system requirements.
Computer Requirements
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Internet connection: Broadband cable or ADSL connection (minimum 10 Mbps).
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Processor: 1.5 GHz.
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Audio equipment: Headphones or speakers.
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Monitor resolution: Minimum 1024 × 768 pixels.
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Web browser: Google Chrome 36 or later, Mozilla Firefox 31 or later, and/or Safari 8 or later.
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Browser cookies may be enabled to improve navigation within the Elefante Letrado Portal.
Macintosh Requirements
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Mac OS X 10.4 or later.
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Safari 7 or later.
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G3 processor or higher, or any compatible Mac OS X processor.
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256 MB RAM.
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16-bit sound card.
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Speakers or headphones.
Tablet and Mobile Phone Requirements
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iOS 11.0 or Android 5.0 or later.
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Installation of the latest available version of the application.
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Users are strongly encouraged to keep the application updated, or enable automatic updates, to ensure that students enjoy the best possible user experience.
3. DATA STORAGE, USE OF INFORMATION, AND PRIVACY
3.1 Elefante Letrado takes the protection of Users' personal data very seriously. Accordingly, we are committed to complying with all duties and obligations relating to the protection of personal data as set forth in our Privacy Policy. Users' personal data and the information entered into the Platform are processed in accordance with the applicable laws and regulations, including, but not limited to, Law No. 12,965 of April 23, 2014, and Decree No. 8,771 of May 11, 2016 (the Brazilian Civil Rights Framework for the Internet – "Marco Civil da Internet"), as well as Law No. 13,709 of August 14, 2018 (the Brazilian General Data Protection Law – "LGPD"), whenever applicable.
3.2 These Terms have been prepared to govern the use of the Platform and, together with the Privacy Policy, explain what information will be collected through the Platform and how such information will be processed.
3.3 By accessing the Platform, Users acknowledge that they have read and agree to the following documents:
a) Privacy Policy;
b) Cookie Policy;
c) Terms of Use.
3.4 Each of the above documents contains specific provisions that Users are required to read. By agreeing to the contents of such documents, Users acknowledge that they may not claim lack of knowledge of the rules and information contained therein.
3.5 If you, as a User, become aware of any situation that may violate the LGPD, the Brazilian Civil Rights Framework for the Internet (Marco Civil da Internet), or compromise information security, please contact us at privacidade@elefanteletrado.com.br.
4. REGISTRATION AND RELATED OBLIGATIONS
4.1 The School is responsible for ensuring that Teachers and Students read these Terms of Use and the Privacy Policy before accessing the Platform.
4.2 The School shall be responsible for registering Teachers and Students on the Platform. Upon registration, a username and password will be created, which shall serve as the User's credentials for accessing and using the Elefante Letrado Reading Platform.
4.2.1 Elefante Letrado shall not be responsible for the accuracy of the personal data provided by the School or the Users. The School and the Users shall be solely responsible for the truthfulness, accuracy, and authenticity of the information submitted.
4.2.2 The School may not assign usernames consisting of words, expressions, or distinctive signs that have already been selected by another User or that are offensive, defamatory, identical or confusingly similar to trademarks, trade names, business names, advertising slogans, names or pseudonyms of public figures, celebrities, or third-party registered names, where such use is unauthorized, or that otherwise violate applicable law or generally accepted standards of morality and public decency.
4.3 Users undertake to notify Elefante Letrado immediately, through a secure communication channel, of any unauthorized use of their account or any unauthorized access by third parties. Users shall be solely responsible for all activities carried out through their account, as access is granted exclusively through the use of the User's username and password.
4.4 Users acknowledge that their Platform password is personal, confidential, and non-transferable, and may not be disclosed to any third party under any circumstances. Users shall take all appropriate measures to ensure the confidentiality of their credentials and must log out of the Platform after each session.
4.4.1 UNTIL ELEFANTE LETRADO HAS BEEN DULY NOTIFIED, THE SCHOOL SHALL BE RESPONSIBLE FOR ANY COSTS, DAMAGES, OR LOSSES ARISING FROM THE USE OF ACCESS CREDENTIALS BY THIRD PARTIES. ELEFANTE LETRADO SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM SUCH EVENTS UNTIL THE USER HAS NOTIFIED ELEFANTE LETRADO OF THE LOSS, MISPLACEMENT, OR THEFT OF THE ACCESS CREDENTIALS.
4.5 Users acknowledge that they are responsible for maintaining appropriate security measures on their computer systems and devices, including, whenever possible, the use of antivirus software, firewalls, and other up-to-date security systems. Elefante Letrado shall not be liable for any damages resulting from the User's failure to adopt appropriate security measures.
4.6 Users are strictly prohibited from renting, leasing, sublicensing, lending, assigning, or otherwise making the Platform available, in whole or in part, to any third party without the prior written authorization of Elefante Letrado. Any violation may result in liability for all damages caused.
4.7 Users shall not use the Platform to:
a) incite, threaten, insult, defame, invade the privacy of, or otherwise harm other Platform users or Internet users generally;
b) attempt to gain unauthorized access to the databases of the Elefante Letrado Reading Platform or those of third parties;
c) modify or copy files, or obtain passwords or data belonging to third parties without prior authorization;
d) send unsolicited bulk email (spam) to groups of users of this or any other service provider for the purpose of offering products or services of any kind, whether their own or those of third parties, unless such communications are of legitimate interest to the recipients and have received their express consent; or
e) send email messages through Elefante Letrado's SMTP servers in a manner that compromises their normal operation or violates the Platform's email usage policies.
Users further agree to comply with applicable ethical and moral standards governing Internet use, as well as all applicable national and international laws.
4.8 Users shall not use the Platform to publish, maintain, or promote websites or Internet portals containing content that:
a) violates the law, public morals, public policy, intellectual property rights, rights to honor, privacy, image, or personal and family intimacy;
b) encourages unlawful conduct or conduct contrary to accepted standards of morality;
c) promotes discrimination based on sex, race, religion, beliefs, age, or any other protected characteristic;
d) provides access to or promotes illegal, violent, pornographic, or degrading messages, products, or services;
e) induces or may induce an unacceptable state of fear or anxiety;
f) encourages dangerous, hazardous, or harmful practices affecting health or psychological well-being;
g) is false, ambiguous, inaccurate, misleading, exaggerated, or outdated in a manner likely to mislead consumers regarding its purpose or intent;
h) violates the confidentiality of communications;
i) constitutes unlawful, deceptive, misleading, or unfair advertising, or otherwise amounts to unfair competition;
j) promotes, encourages, or facilitates child sexual exploitation or abuse;
k) contains viruses, spam, malware, or any other physical or electronic elements capable of damaging or impairing the normal functioning of networks, systems, hardware, software, or electronic files belonging to third parties.
4.9 Users shall comply with these Terms of Use. If Elefante Letrado determines, at its sole discretion, that a User has engaged in conduct or practices inconsistent with these Terms, it may suspend the User's account and/or notify the User to remedy, correct, or regularize the situation.
4.10 Users shall bear full responsibility for their actions and conduct while using the Internet and the Platform, including any actions performed by third parties using their username and password.
4.11 Users are responsible for safeguarding their username and password against loss or unauthorized disclosure and shall be liable for any damages resulting from their misuse of such credentials or misuse of the Platform.
4.12 The parents or legal representatives of a minor shall be responsible for all acts performed by the minor while using the Platform, including any damages caused to third parties or any violations of applicable law or these Terms of Use.
4.13 Where access to the Platform is provided as educational material, access shall only be granted after payment has been confirmed by the User's responsible party.
4.13.1 If payment is suspended, declined, or otherwise unsuccessful, and access to the Platform has already been granted, such access may be suspended until all outstanding amounts have been paid in full.
5. ELEFANTE LETRADO OBLIGATIONS
5.1 Elefante Letrado undertakes to make the Platform contracted by the School available in accordance with these Terms of Use and the subscription plan contracted by the School. However, access to the Platform may occasionally be interrupted due to:
a) force majeure events or events beyond reasonable control;
b) acts or omissions of third parties that prevent access to the Platform;
c) interruption of the electrical power supply to the Platform's systems;
d) interruption or suspension of telecommunications services by the relevant service provider;
e) technical and/or operational maintenance requiring the temporary shutdown of the system or otherwise preventing access to the Platform;
f) failures in Internet transmission and/or routing systems; or
g) the School's failure to comply with its payment obligations.
5.2 Users may not hold Elefante Letrado liable, nor claim compensation for lost profits or any other losses resulting from any of the circumstances described above.
5.3 Elefante Letrado shall not be liable for the results generated by the Platform if the device used to access it is affected by external software, including but not limited to computer viruses, malware, or operational failures.
5.4 Elefante Letrado shall also not be liable for:
i. the integration of the Platform with any third-party software or software developed by Users;
ii. operation of the Platform by unauthorized persons;
iii. any defect arising solely from the Users' acts or omissions; or
iv. any damages or losses resulting from administrative, managerial, or business decisions made based on information provided by the Platform.
5.5 Elefante Letrado shall not be liable for any improper or unauthorized use of the Platform, use that fails to comply with the applicable technical specifications, or any modifications, adjustments, combinations, connections, operation, or use of any Platform component with equipment or documentation not supplied by Elefante Letrado, whether performed by Users or by any unauthorized third party.
To the fullest extent permitted by applicable law, Elefante Letrado shall not be liable for lost profits, data loss, business interruption, or any damages arising out of the use or misuse of the Platform, even if Elefante Letrado has been advised of the possibility of such damages.
5.6 Elefante Letrado shall not be liable for any damages or losses of any nature arising from the transmission, distribution, storage, availability, receipt, acquisition, or access to content through Internet access services, including, without limitation, damages resulting from:
a) violations of applicable law, public policy, morality, or generally accepted standards of conduct arising from the transmission, distribution, storage, availability, receipt, acquisition, or access to content through Internet access services;
b) infringement of intellectual property rights, industrial property rights, trade secrets, contractual obligations of any kind, rights to honor, privacy, personal and family life, image rights, property rights, or any other rights belonging to third parties;
c) acts of unfair competition or unlawful advertising;
d) the lack of truthfulness, accuracy, completeness, relevance, or timeliness of content transmitted, distributed, stored, received, obtained, made available, or accessed through Internet services;
e) the unsuitability of such content for any particular purpose or the failure of such content to meet Users' expectations;
f) the non-performance, delayed performance, defective performance, or termination for any reason of obligations assumed by third parties or contracts entered into with third parties through or as a result of access to such content; and
g) defects or deficiencies of any kind in products or services sold, acquired, or provided by the School or by third parties through the Internet.
5.7 Elefante Letrado shall not be liable for any losses or damages suffered by Users resulting from improper use of the Platform or from the incorrect registration of any information or data.
5.8 All information available on the Platform shall be stored on secure servers or other secure electronic storage media. Elefante Letrado shall adopt commercially reasonable measures to preserve the confidentiality and security of such information. However, Elefante Letrado shall not be liable for any damages arising from the circumvention of such security measures by third parties using public networks or the Internet to gain unauthorized access to Elefante Letrado's databases.
6. INTELLECTUAL PROPERTY
6.1 The provisions of Brazilian Law No. 9,609/98 (Software Law) and Brazilian Law No. 9,610/98 (Copyright Law), governing the protection of intellectual property and copyright, shall apply to these Terms.
6.2 Elefante Letrado exclusively owns, for all legal purposes, all intellectual property rights, title, and copyright relating to the Platform and to any products or documents developed exclusively for the Platform, including, without limitation, its source code, software components, design, architecture, and structure.
Elefante Letrado shall be the sole entity entitled to file and maintain any registrations relating to intellectual property rights, inventions, copyrights, industrial designs, utility models, or any other rights associated with the Platform.
6.3 Use of the Platform without the appropriate license is strictly prohibited. Likewise, no person or entity may modify, assign, distribute, reproduce, publish, or license the Platform, whether free of charge or for consideration, in any manner that infringes applicable copyright or intellectual property laws.
6.4 Elefante Letrado expressly reserves all ownership and proprietary rights arising from the Platform and any customizations made thereto.
Accordingly, the Company and the Users are expressly prohibited from lending, leasing, loaning, assigning, sublicensing, renting, pledging, reproducing, donating, selling, transferring, or otherwise disposing of the Platform, in whole or in part, whether temporarily or permanently, with or without consideration, as well as any information relating to the Platform.
6.5 The School and the Users agree not to use the Platform beyond the contractual limits established herein and further undertake not to apply, at any time, for the registration of any trademark, product, trade dress, design, wording, image, figure, or layout that is identical or confusingly similar to those owned or used by Elefante Letrado, whether alone or in combination with other trademarks, including their own.
7. TERM
7.1 The relationship between the Platform and the User shall remain in effect for as long as there is an active agreement between Elefante Letrado and the School.
8. TERMINATION
8.1 Any violation of these Terms, the Privacy Policy, applicable laws, or the principle of good faith by the Users or the School shall entitle Elefante Letrado to notify the User or the School, which shall promptly take the appropriate corrective measures.
At Elefante Letrado's sole discretion, and without prior notice, a User's account may be temporarily or permanently suspended if Elefante Letrado identifies any risk to the Platform or any conduct that may violate rights, including, without limitation, personal data protection, intellectual property rights, or information security.
8.2 If the User or the School fails to take appropriate action after being notified, Elefante Letrado may terminate any and all agreements entered into with the School and may permanently delete the User's account.
8.3 Elefante Letrado may take any action it reasonably considers necessary to comply with applicable law or with any order or request issued by a court, governmental authority, regulatory agency, or other competent administrative body.
8.4 Elefante Letrado shall not be responsible for storing any User data after the contractual relationship has been effectively terminated.
9. USER REPRESENTATIONS
9.1 The User expressly represents and warrants, for all legal purposes, that:
a) The User shall use the Platform only within the limits established by these Terms of Use, acknowledges all rights and limitations applicable to such use, and shall comply with all applicable laws and regulations, including, without limitation, those relating to Elefante Letrado's copyrights and other intellectual property rights.
b) To the fullest extent permitted by applicable law, the User agrees to defend, indemnify, and hold harmless Elefante Letrado from and against any and all claims, liabilities, damages, losses, costs, and expenses, including, without limitation, accounting and attorneys' fees, arising out of or in any way related to:
i. the User's breach of these Terms or the Privacy Policy;
ii. the User's improper or unauthorized use of the Platform; or
iii. the User's violation of any applicable law, regulation, or third-party right, including, without limitation, intellectual property rights or privacy rights.
10. GENERAL PROVISIONS
10.1 By subscribing to and using the Platform, the User agrees to comply with all provisions contained in these Terms, as well as with all legal notices governing the use of the Platform and the services made available through both the Elefante Letrado Website and the Elefante Letrado App.
10.2 Elefante Letrado may assign this Agreement, or any rights arising from it, to any company within its corporate group, whether currently existing or established in the future.
10.3 These Terms and all provisions contained herein shall be governed by and construed in accordance with the laws of the Federative Republic of Brazil.
10.4 The User acknowledges and agrees that Elefante Letrado may use electronic mail (email) as a valid, effective, and sufficient means of communication. The User further agrees that the Elefante Letrado Website constitutes a valid, effective, and sufficient means of publishing any information relating to the services covered by this Agreement, the conditions applicable to such services, or any other matter addressed herein, except where these Terms expressly provide otherwise.
10.5 Elefante Letrado may amend these Terms at any time, at its sole discretion. The User will be notified of any such amendment upon the next access to the Platform and shall be required to accept the updated Terms in order to continue using the Platform. If the User does not agree with the amended Terms, the User may choose to delete their account.
11. GOVERNING JURISDICTION
11.1 The Parties hereby irrevocably agree that any disputes, claims, or proceedings arising out of or relating to this Agreement shall be submitted to the exclusive jurisdiction of the courts of the Judicial District of Porto Alegre, State of Rio Grande do Sul, Brazil, expressly waiving any other jurisdiction, however privileged it may otherwise be.