_Privacy Policy, Cookie Policy and Terms of Use

About Our Privacy Policy

To improve our Platform and provide our services, Moki processes personal data. As we recognize the importance of your privacy, we have developed this Policy to help you—our User (and the general public)—understand:

1. how we process personal data;
2. what security measures we apply to keep your data protected and secure;
3. what your rights are under the Brazilian General Data Protection Law (LGPD); and
4. how to contact us to exercise these rights.

Please note: the use of this Platform is not intended for children or teenagers. Therefore, do not register or use the Platform if you are under 18 (eighteen) years of age.

 

Key definitions:

Many of the terms used in this Privacy Policy (“Policy”) are defined under Law No. 13.709/2018, known as the Brazilian General Data Protection Law (“LGPD”). To assist in your understanding, we provide below a glossary of the key terms used:

1. General Terms

1.1 General.Moki (CALL NET SERVIÇOS DE INFORMÁTICA E INTERNET LTDA., registered under CNPJ No. 01.138.983/0001-90, headquartered at Rua Voluntários da Pátria, 286, Sala 302, Botafogo, Rio de Janeiro, ZIP Code: 22270-014) considers the use of personal data to be a matter of utmost importance and seriousness. Therefore, this Policy has been developed to communicate the practices related to the processing of personal data, especially concerning the collection, use, and processing of information provided by Users through the Platform.

1.2 Consent to Processing
By using the Moki Platform, the User authorizes the processing of personal data and agrees to be bound by the terms of the Platform. If you do not agree with the practices and policies described in this document, you must not use the Platform.

1.3 Regulation
Moki operates in accordance with Brazilian law, complying especially with the provisions of Law No. 12.965/2014 (“Internet Civil Framework”), Law No. 13.709/2018 (LGPD), and other applicable regulations.

1.4 Contact
For questions or suggestions about the Platform’s Privacy Policy, the User may contact the Data Protection Officer (“DPO”) by email at dpo@moki.com.br.

1.5 Information Control
This Policy describes which personal data may be processed from Users while using the Platform's services, how this information may be used, and the precautions taken to prevent unauthorized access or use.

 

2. Processed personal data

2.1 Processing of User Data
Moki may process the following personal data of its Users:

1. Full name,
2. Valid email address;
3. Phone number;
4. Company of employment;
5. Job title;
6. Department;
7. Country/State;
8. Photo.

2.2 Other processed data.
Moki may also collect, store, and use the following information:

1. Database records of any files or information uploaded by the Data Subjects to Moki;
2. KPIs entered into the Platform by licensed Clients, which may include, but are not limited to, salaries, goals, variable compensation, and performance indicators;
3. Records of any communications, including file uploads or information exchanges between Users via the Platform;
4. Details of visits to the Platform and resources accessed by Users;
5. Information from the access device used, including hardware model, operating system and version, file names and versions (based on files generated or manipulated by Users), preferred language, unique device identifier, advertising identifiers, serial number, motion-related data, and network information;
6. Access log information (including device IP, date, and time), browsing behavior, browser type, and navigation method;
7. Preference data regarding how Users interact with the Platform and selected settings. In some cases, cookies, pixel tags, and similar technologies may be used to create and maintain unique identifiers.
   
   
   

3. How Moki Uses the Collected Data

3.1 Usage.By accepting this Policy, Users agree that Moki may process data collected via the Platform for the following purposes:

1. To identify and register Users on the Platform and make contracted services available to the Client;
2. To ensure that Platform content is presented in the most efficient manner for Users;
3. To help make general improvements to the Platform;
4. To process data through internal algorithms associated with the services contracted by the Client;
5. To contact and notify Users about changes to the Platform or its policies and terms of use, when necessary;
6. To send newsletters and informational emails.
   

3.2 Purpose of Data Processing
The personal data processed by Moki are aligned with the following legal bases and purposes:

3.3 Personal Data Processor
With regard to the personal data of Users or third parties entered by them into the Platform under the Client's instructions, it is important to emphasize that Moki acts as a data processor. This means that Moki does not determine the purposes or the means of processing such data. The responsibility for such decisions lies entirely with the Client, who is the Data Controller of the personal data entered by its Users on the Platform.

3.3.1 Limitation of Liability
As a data processor, Moki is committed to protecting the security and privacy of the personal data it processes. Appropriate technical and organizational measures are implemented to prevent unauthorized access, disclosure, alteration, or destruction of personal data. However, it is essential that the Client, as the Data Controller, assumes full responsibility for defining the purposes and legal bases for processing such data, in accordance with applicable laws.

About Our Terms of Use

We believe that our relationship should be based on trust and transparency. Therefore, we have prepared these Terms of Use ("Terms") to ensure that you understand your rights and obligations when contracting the services we offer through the Platform.

Before using our services, it is necessary to expressly agree to the provisions set forth herein. Please read this document carefully and, in case of any doubts, contact us through the channels listed at the end of this document. If you do not agree with any of the terms set forth herein, please stop using or do not register on our Platform.

Key Definitions

For better understanding of these Terms of Use, it is important to understand some essential definitions, as presented below:

• Client/Contracting Party: A natural or legal person who, as licensee, contracts the services offered through the Platform.
• Data: Any information or data entered into the Platform by the Client and/or User.
• Moki/We: The legal entity indicated in item 1.1 of these Terms.
• Platform: The system/digital environment licensed by Moki to Clients.
• Registration: The account created by the Client for each User to access the Platform.
• Services: The services offered by Moki through its Platform, such as data monitoring, analysis, reports, etc.
• Terms of Use: This document that establishes the rights and obligations of the Client and/or User of Moki in relation to the Platform.
• User: A natural person registered on the Platform by the Client.

Throughout this document, we may also refer to other terms. When this occurs, the term in question will appear in quotation marks (“ ”).
1. Ownership of the Platform
1.1 Platform Ownership

The Platform is owned by CALL NET SERVIÇOS DE INFORMÁTICA E INTERNET LTDA., a company registered under CNPJ/MF No. 01.138.983/0001-90, headquartered at Rua Voluntários da Pátria, 286, Room 302, Botafogo, Rio de Janeiro/RJ, ZIP Code: 22270-014.

2.1 Scope
These Terms of Use govern all activities carried out and services offered by Moki through the Platform, which includes the website and its subdomains, applications, programs, and other extensions.

2.1.1 The Terms of Use are, therefore, a legally binding document that establishes the rights and obligations of the Client, the User, and Moki, and are incorporated into any other agreements or contracts that may be entered into between the parties for all legal purposes.

3.1 Functionality
Within the scope of these Terms, Moki licenses the Platform with features and tools for information management and support for business decision-making. Technologies such as Big Data, Artificial Intelligence, and IoT are used to optimize workflows, cross-reference data, and provide new insights into Moki's operations, continuously generating new improvement opportunities. Through the Platform, it is possible to monitor operations, validate data collected in the field, analyze performance indicators, verify the execution of trade marketing agreements, or manage teams, as outlined in item 7 of this document.

4.1 Acceptance and Agreement
In order to use the features of the Platform, whether as a User or Contracting Party, as applicable, it is necessary to agree to these Terms of Use by expressly accepting the provisions herein, either through a specific written agreement or by checking the acceptance box on first access. By accepting these Terms, the User or Contracting Party, as applicable, declares that:

1. They have read and agree to abide by the terms of this document, as well as the Privacy Policy;
2. They understand that the Data is entered into the Platform by the Client or by the User themselves, and that Moki has no control or responsibility in this regard. Therefore, the Contracting Party agrees to indemnify and hold Moki harmless from any liability or burden related to the Data entered into the Platform by the Client or their Users, including its processing, which is defined solely by the Contracting Party, without any direct or indirect participation by Moki;
3. The Terms of Use constitute a binding legal agreement, intended to establish the rights and obligations between the parties involved in the operations described herein.

 

5. Violation of terms

5.1 Breach
In the event that a Client and/or User breaches any of the conditions outlined herein, Moki reserves the right to terminate the contractual relationship, in whole or in part, at its sole discretion, including by blocking the respective accounts and suspending or revoking access to the Platform, as applicable, without the need for prior notice.

 

6. Legal compliance

6.1 Compliance
Moki operates in accordance with Brazilian law, especially observing the provisions of Law No. 12.965/2014 (the Brazilian Civil Rights Framework for the Internet) and Law No. 13.709/2018 (General Data Protection Law - LGPD), as well as applicable regulations and resolutions in force. The Client agrees, on their own behalf and on behalf of their Users, to comply with all applicable laws and regulations relating to their activity on the Platform, as well as any new standards, laws, regulations, and/or resolutions that may be established.

 

7. Platform Operation and Functionality

7.1 Purpose
The Platform provides features and processes for field data collection, inspections, audits, surveys, inventories, and information gathering through electronic forms. In this way, Clients can optimize their operations, streamline workflows, and obtain accurate data more efficiently.

7.2 Features
The Platform also offers a variety of task management tools, appointments, action plans, and reports, as well as collaboration features such as chat, video calls, and asynchronous discussion forums. Additionally, the Platform may be customized by contracting extra services such as process automation, system integration, use of artificial intelligence models, and analytical dashboards.

7.2.1 Moki does not perform any filtering or curation of the Data entered by Clients and Users on the Platform, nor does it carry out any evaluation or analysis of such Data. However, messages exchanged by Users in the chat and asynchronous forums are recorded and may be requested by the Contracting Party while the contractual relationship remains in effect.

7.2.2 Interaction environments among Users—particularly chat, asynchronous forums, and video calls—are made available only to Users from the same organization, as defined solely by the Contracting Party and upon formal communication to Moki.

7.2.3 Access permissions, reading, editing, features, and other functionalities are defined exclusively by the Contracting Party for each User or group of Users, according to the Client’s own operational needs and Platform usage management.

7.2.4 The Client understands and agrees that, due to the algorithmic complexity of artificial intelligence systems, it is not always possible to determine with precision the reasoning behind specific outcomes. Therefore, the Client agrees to use such resources in a way that does not violate the rights of third parties, including those set forth in Article 20 of Law No. 13.709/2018 (LGPD).

7.3 User Registration
User registration on the Platform may occur in the following ways, according to the Client’s preference: (i) entered by a User designated by the Contracting Party with specific permission for this function; (ii) individually or in bulk by uploading an Excel spreadsheet to the Platform, following a pre-established template provided by Moki; or (iii) through a specific form submitted by the Client to Moki for processing, as previously agreed in writing between Moki and the Client.

7.4 Access Authorization
Access to the Platform will be granted after the User enters the Client code, individual login, and respective password.

7.4.1 SSO Access
Exceptionally, access may be authorized in specific cases through system integration (SSO – Single Sign-On), as agreed between the Client and Moki. In such cases, User authentication is the sole and exclusive responsibility of the Client, and Moki is only required to transmit the necessary information to enable access permissions.

7.5 Unauthorized Registration or Access
User registration or access that is not in accordance with the rules established in these Terms of Use may result in sanctions and/or termination of the contractual relationship, at Moki’s sole discretion.

7.6 Inaccurate Registration Information
To use the Platform’s Services, the User or Client, as applicable, must provide accurate information at the time of registration, as outlined in these Terms and in the Privacy Policy.

7.7 Blocking and Deletion
Moki reserves the right, at its sole discretion, to block new registrations or cancel existing ones if an anomaly is detected that, in Moki’s assessment, constitutes a serious error or a deliberate attempt to bypass the rules described herein, which are binding upon the Client and/or User, as applicable.

7.8 Third-Party Registration and Access
Platform registrations are individual and non-transferable. Moki must be immediately notified of any unauthorized use of a User’s account, in a timely manner. Moki is not responsible for any loss or damage resulting from the use of login and password by third parties, with or without the Client’s consent.

7.8.1 The Client and the User must:

8. Obligations and Responsibilities

8.1 When the Client and/or User use the Platform, they are responsible for:

1. The content of the Data they enter into the Platform, as it is inherent to their activities;
2. Not using the Platform for any unlawful or prohibited purpose under these Terms of Use and/or applicable law;
3. Acting with honesty and good faith, avoiding privacy violations, data destruction, and the interruption or degradation of the Platform;
4. Accurately and correctly providing all personal data for registration and contractual purposes;
5. Being diligent in using the functionalities available on the Platform, given their responsibilities;
6. Not transferring, selling, renting, sublicensing, whether for free or for a fee, or otherwise transferring their registration and/or access;
7. Conducting their business/institutional activities in accordance with applicable laws and regulations;
8. Strictly complying with all provisions of these Terms of Use.

8.2 Moki is responsible for:

8.2.1 Moki shall be exclusively and solely liable for the services it provides.

8.2.2 Moki reiterates that, through this instrument, it does not establish with any Client or User:

9. Fees and termination

9.1 Fees
Access to the Platform is paid, with variable pricing depending on the number of Users to be registered and the features requested by the Client. Moki must be consulted in advance so the desired Service can be properly quoted. The Platform does not include an embedded payment system; all pricing and payment terms are specified in individual proposals and must be paid via bank slips or electronic transfers (Pix or TED).

9.2 Cancellation or Termination
If the Client cancels the Platform license or the relationship is otherwise terminated, all records will be deleted, except in cases where record retention is necessary to comply with legal or regulatory obligations or for Moki’s defense in administrative or judicial proceedings.

 

10. Platform Architecture

10.1 The Platform is provided and made available “as is” and “as available.” In other words, Moki assumes no responsibility for implied warranties of merchantability, fitness for a particular purpose, or financial return. Furthermore, Moki does not guarantee that the Platform’s services will be provided without interruptions or errors.

10.1.1 By accepting the Terms of Use, the User acknowledges that any risks arising from the use of the Platform are entirely and exclusively their own responsibility, within the limits of the law.

10.1.2 The Client acknowledges that access to the Platform may be temporarily interrupted, without prior notice, due to:
(a) scheduled and/or emergency maintenance;
(b) technical issues;
(c) force majeure or unforeseeable circumstances.

 

11. Unacceptable conduct

11.1 Prohibition and Deactivation of Accounts
The Client’s or a specific User’s account may be suspended or deactivated, at Moki’s sole discretion, in the event that the Client and/or their User engages in any of the following actions:

 

12. Intellectual Property

12.1 Intellectual Property Rights

The commercial use of the term “Moki,” including its use as a trademark, business name, or domain name, as well as its logo, is the exclusive property of Moki, as outlined in the company’s articles of incorporation.

12.2 Additional Rights

Likewise, copyrights and other rights protected under industrial property law, such as the structure, screen content of the Platform, related programs, software, website, databases, networks, and files, are the exclusive property of Moki.

12.3 All rights are protected in Brazil and internationally by copyright, trademark, patent, industrial design laws, and international treaties.

12.4 Moki reserves all rights related to copyrights, trademarks, patents, and industrial designs, whether owned or licensed to the company.

12.5 It is not permitted to reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit any part of the Platform’s content for commercial purposes without Moki’s prior written consent. In particular, the use of data mining, robots, or other data collection and extraction tools to isolate or repeatedly extract substantial parts of the Platform for reuse is strictly prohibited.

12.6 The Client acknowledges that they are not acquiring any intellectual property rights to the Platform covered by these Terms of Use, but rather a limited, non-exclusive, non-transferable, non-customizable, and non-sublicensable license to use.

12.7 Furthermore, the Client acknowledges that use of the Platform is limited to accessing its content, features, and services, provided that all the conditions set forth in these Terms of Use are fully met.

 

13. Final provisions

13.1 Ongoing Improvement
The Client and Users acknowledge that every system, platform, or service, regardless of its provider or features, is a product that is continually updated and improved.

13.2 Operating Errors
Any operating errors on the Platform will be corrected as soon as possible, during the period necessary for maintenance. Moki does not intend or guarantee that the Platform’s server, system, database, software, or website will be free from errors, failures, or interruptions.

13.3 Suspension and Termination of Access
In the event of any breach of the Terms of Use by the Client, the Client acknowledges and agrees that Moki may, without prior notice, interrupt or suspend, either partially or fully, access to the Platform, either temporarily or permanently.

13.4 Warnings and Suspension
Without prejudice to other applicable measures, Moki may issue warnings, or suspend, temporarily or permanently, the Client’s access at any time if the Client:

13.5 Processing of Personal Data
To ensure the quality of the Platform and that Clients and Users can obtain results quickly and securely, the processing of personal data is required, in accordance with the terms set forth in Moki’s Privacy Policy.

13.6 Severability
If any provision of these Terms of Use is found to be illegal, invalid, or unenforceable, in whole or in part, such provision shall be deemed not to form part of these Terms of Use to the extent of its invalidity, while the legality, validity, and enforceability of the remaining clauses shall not be affected.

13.7 Term
These Terms of Use shall apply to each Client and/or User from the moment they first access the Platform and shall remain in effect until their account is deactivated, with responsibilities remaining applicable for the period of usage.

 

14. Official Support Channels

14.1 Questions
In case of any questions or suggestions regarding the Terms of Use or any other information related to the provision of the Service, the Client and/or User may request support via WhatsApp at (+55) (21) 3179-0594 or by email at suporte@moki.com.br.

14.2 Support Hours
Support is available from 8:00 AM to 8:00 PM (GMT-3), Brasília time. Our support team’s goal is not only to resolve issues quickly and efficiently, but also to find an amicable solution.

 

15. Applicable Law and Jurisdiction

15.1 Governing Law and Jurisdiction
These Terms of Use are governed by Brazilian law. The court of the District of Rio de Janeiro is designated as the competent venue to resolve any disputes arising from these Terms, to the exclusion of any other, no matter how privileged. Whenever possible, conciliation or mediation should be prioritized.

Revision Control: