Terms of Use and Conditions for Performance and Development

Overview

These terms define rules that must be followed when using Gupy Performance and Development and can be consulted at any time by the User through Gupy Performance and Development.

It is important for you to know that the Privacy Notice of Gupy Performance and Development is an integral part of these Terms.

When using Gupy Performance and Development integrated with another application (e.g., Slack and/or Microsoft Teams), you also agree to the following Terms of Use.

The acknowledgment and acceptance of these Terms are absolutely essential for the use of Gupy Performance and Development and the Services offered by Gupy. Therefore, for the correct use of Gupy Performance and Development, you must read, ensure that you have understood, and accept all the conditions established in these Terms.

Definitions

Content: Any information inserted by Users in Gupy Performance and Development;

Client Company: a company that contracts the services offered by Gupy and Pulses, especially the services related to Gupy Performance and Development;

Gupy: GUPY TECNOLOGIA EM RECRUTAMENTO LTDA, registered under CNPJ no. 23.514.668/0001-52, headquartered at Avenida Paulista, 1079, Bela Vista, in the City of São Paulo, State of São Paulo, ZIP Code 01.311-200. Manager of Gupy Performance and Development;

Gupy Performance and Development: Gupy and Pulses' Performance and Development Platform for managing employee performance through the construction of performance assessments and promoting continuous employee development, available in both application and web formats;

LGPD: General Data Protection Law — Law no. 13.709, of August 14, 2018;

Pulses: PULSES SERVIÇOS DIGITAIS S.A., registered under CNPJ no. 09.570.403/0001-40, headquartered at Avenida Ministro Victor Konder, 730, room 01, Fazenda neighborhood, Itajaí/SC, ZIP Code 88301-701. Manager of Gupy Performance and Development;

Services: activities offered through Gupy Performance and Development available through Gupy Companies > Menu;

Terms: this document entitled "Terms and Conditions of Use" that establishes rules that must be followed when using Gupy Performance and Development;

User: means (i) an employee of the client company who has access to use the functionalities of Gupy Performance and Development; (ii) an employee of the client company who has credentials for managing the Gupy Performance and Development platform. In summary, any person who intends to use or uses the services of Gupy Performance and Development.

Application of these Terms

These Terms shall apply to you as soon as you start using Gupy Performance and Development by creating a profile with login and password and shall only cease to apply if and when your relationship with Gupy and Pulses terminates, especially in the following scenarios:

due to your departure from the Client Company;
due to revocation of your access by the administrator User;
due to the termination of the contract between Gupy, Pulses, and the Client Company.

If your account is subsequently reactivated, these Terms will again apply to you in their current version.

Services provided through Gupy Performance and Development

Gupy and Pulses offer the following Services to Client Companies:

Gupy Performance and Development available through the website;
Provision of complementary services for implementation, maintenance, and technical support inherent to the full functionality of Gupy Performance and Development.

Access Conditions

Registration: Your pre-registration will be done by the administrator of Gupy Performance and Development appointed by your company or with support from Gupy through CPF, or email. If you wish to make any changes to your registration, access the screen of your profile or contact the administrator;

Access Account: For the use of Gupy Performance and Development, an account will be provided to the User, in which they must complete the registration in Gupy Performance and Development, by creating a profile with login and password;

Individual and non-transferable access: It is prohibited to inform third parties of your access data, and the User is fully responsible for their use. In case of unauthorized use of your account, you must inform us immediately, by email atendimento.suporte@gupy.com.br, assuming all risks arising from unauthorized access;

Account linked to the Client Company's management platform: If your user account is linked, via single sign-on, to the Client Company's management platform (SAML), Gupy and Pulses will not have access to your data nor be able to modify them within Gupy Performance and Development. Any necessary changes, including password changes, must be made by contacting the administrator of Gupy Performance and Development at the Client Company and/or the Client Company's IT Department;

Authenticity, Updating, and Truthfulness of data: All information provided by the User to access and use the Service must be true. The User is responsible for the truthfulness, accuracy, and authenticity of the registered data, as well as for the storage, confidentiality, and proper use of registered logins and passwords, indemnifying Gupy and Pulses from any liability. It is the sole responsibility of the User to keep any information provided through Gupy Performance and Development permanently updated to always reflect the User's actual data.

General User Guidelines

All information, data, texts, programs, music, sounds, photographs, graphics, videos, advertisements, messages, and other materials that may be sent, inserted, or displayed by the User or by the Client Company are the sole responsibility of the author of such content.

In order to provide Client Companies with information to assist in monitoring indicators for better employee performance, Gupy Performance and Development allow reports to be extracted by the Client Company. Access to the Client Company's data is controlled by permissioning by the company itself, and it is entirely the responsibility of the company to use the extracted information responsibly, without any interference from Gupy or Pulses.

The User must use Gupy Performance and Development only for lawful and authorized purposes. Gupy and Pulses have the right to take measures, including the removal of Content, suspension or cancellation of registration, temporary or permanent, and other appropriate actions if the User uses Gupy Performance and Development in violation of these Terms and in an improper manner, such as providing false information or compromising its integrity. This also applies to actions that may create liabilities for Gupy and Pulses, including defamation of their brand, public image, or their Internet and other providers.

The User is prohibited from:

violating/attempting to violate the security of Gupy Performance and Development by attempting to investigate, copy, and test system vulnerability, network, security breach, or authentication measures without authorization;
forging TCP/IP headers or any part of header information in any email or postings on news groups;
aggregating, copying, or duplicating parts of Gupy Performance and Development;
adapting or providing links to any Content of Gupy Performance and Development or information available in Web or Application formats, unless permitted by this Term or through a contract;
posting Content that promotes or endorses false/misleading information or illegal activities, as well as information that offers instructions for illegal or prohibited activities according to this Term;
accessing third-party data, servers, or accounts without authorization;
publishing Content containing pages with restricted access or passwords, as well as hidden pages or images;
using Gupy Performance and Development unlawfully for any illegal activity, including or submitting any defamatory, accusatory, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, angry, racist, discriminatory content that may cause irritation, inconvenience, humiliation, anxiety, and be considered harassment. Also, links to sites with pornographic content, indecent, or explicit sexual material of any kind are not allowed;

Violations of system and network security may result in civil and/or criminal proceedings. Gupy and Pulses will investigate occurrences that may result in violations, including but not limited to those mentioned above, and may engage and cooperate with authorities and administrative and public security agencies in investigating and punishing Users who engage in violations.

If identity theft or fraud related to the nature of the User's activities on Gupy Performance and Development is identified, Gupy and Pulses may, at their discretion, notify and even terminate their relationship with the User, as well as potentially prosecute under crimes provided in the Penal Code, subject to penalties.

Functionalities

Through Gupy Performance and Development, the Client Company can utilize various functionalities, such as:

Assessments

Evaluate the competencies and/or performance of their employees and identify how much the employees possess the necessary skills and knowledge to perform their role, as well as identify their execution capacity, impact on deliveries, and results;
Choose the direction of assessments, including self-assessment, leader assessment, subordinate assessment, peer assessment, and others;
Decide if employees can choose their assessing peers;
Configure the rating matrix to identify the position of the assessed employees;
Define the decisions that can be made based on each employee's performance;
Conduct assessment calibration committees.

PDI (Individual Development Plan)

Create and monitor Individual Development Plan actions;
Development Dialogue;
Provide structured Development Dialogues between leader and subordinate that encourage reflection on development areas contributing to their evolution and growth.

Feedback

Provide development through Continuous Feedbacks that contribute to a better understanding of skills and improvement areas requiring development for the employee.

Support

The services of Gupy Performance and Development will be available, whenever possible, 24 (twenty-four) hours a day, 7 (seven) days a week, except in the event of force majeure, third-party fault, and technical and/or operational maintenance requiring temporary system shutdown or preventing access. Therefore, the User is aware that they cannot claim compensation or damages, regardless of the motivation.

Users can contact Gupy and Pulses Support through the support available in Gupy Performance and Development or by email atendimento.suporte@gupy.com.br. Contacts will also be answered by email, from Monday to Friday, from 9 am to 6 pm, except on holidays.

Responsability of Gupy and Pulses through Gupy Performance and Development

Gupy and Pulses are responsible for:

Providing the Client Company, through the provision of their Services, with a license to use Gupy Performance and Development and its functionalities, according to the contracted Plan and formalized through the Contract.

Gupy and Pulses ARE NOT responsible for:

Links to other websites

Gupy Performance and Development may contain links to third-party websites, provided for your convenience and not as an endorsement, by Gupy and Pulses, of the Content present on these sites. Gupy and Pulses do not have control and are not responsible for the Content, privacy policies, or practices of third-party websites and will not comment on the Content or accuracy of third-party materials. If you access the Link, you assume full responsibility.

User device issues

Issues occurring on the User's device such as system failures, provider issues, internet connection problems, hacker attacks, viruses, interference, piracy, or other security breaches on your device that cause harm, losses, or damages are the responsibility of the User to ensure the security of their information.

Integration with other systems

Gupy and Pulses are not responsible for the integrations that the Client Company performs with its systems. Gupy and Pulses only provide a public API to allow the Client Company to connect Gupy Performance and Development with other systems.

Gupy and Pulses are not responsible for the internal sharing of the integration token within the Client Company and any data leaks resulting from the improper use of the API by the Client Company.

Reports

In order to provide Client Companies with information to assist in monitoring indicators, Gupy Performance and Development allows the extraction of reports. Access to the Client Company's data is controlled through permissions and/or security tokens, and it is entirely the responsibility of the Client Company to use the extracted information responsibly.

Intellectual Property

The license to use Gupy Performance and Development does not imply, in any way, the provision of the source code or internal software structure or any other technology or functionality of the platform, being the exclusive property of Gupy and Pulses.

The User receives a limited, non-transferable, non-exclusive, royalty-free, and revocable license to use Gupy Performance and Development on their device. Sale, transfer, modification, reverse engineering, or distribution as well as copying of texts, images, or any parts thereof is expressly prohibited.

The right to all Content of Gupy Performance and Development is owned by Gupy and Pulses and is protected by intellectual property rights. Users may not create derivative works, copy, sell, or distribute the Content, under penalty of civil and criminal liability, and the use of the material must be exclusively for private and individual use by the User. When the Content is produced/provided by the Client Company, this material will be owned by them.

It is not allowed to use any of the trademarks, trade names, service marks, logos, domain names, or other intellectual property of Gupy or Pulses, whether linked to Gupy Performance and Development or not.

Privacy and Data Protection

Gupy and Pulses, through Gupy Performance and Development, are compliant and follow the guidelines established by LGPD, prioritizing the User's privacy, so that the personal data collected will only be used for the specific purpose of contractual execution, in the form of service provision.

The Client Company is aware that by choosing to use Gupy Performance and Development outside of Brazil, they may be subject to other regulations, in addition to LGPD, which may result in penalties, without Gupy or Pulses having any interference.

For more information, please refer to our Privacy Notice, available at: www.gupy.io/aviso-de-privacidade-performance-e-desenvolvimento.

Price

The use of Gupy Performance and Development is formalized through a contract with Client Companies. For more information, please refer to your company's contract.

Penalties

Failure to comply with any clause of these Terms of Use may lead to the cancellation of the User's registration in Gupy Performance and Development and contractual penalties, as well as possible civil and criminal liability.

Changes, Modification, and Termination

Gupy and Pulses reserve the right to modify these Terms at any time for legitimate reasons, and may, at any time, modify or discontinue (temporarily or permanently) the distribution or updating of Gupy Performance and Development. Whenever there is a significant change, we will make our best efforts to communicate it to you. However, we recommend that you periodically visit this page to check the latest Terms established for the use of Gupy Performance and Development.

If any clause of these Terms becomes invalid, illegal, or unenforceable, this will not affect the validity, legality, and enforceability of the other clauses in any way. Gupy and Pulses do not waive any of their rights by not enforcing the provisions of these Terms and may exercise them as appropriate and within legal deadlines.

This Term is valid for an indefinite period, beginning from the date of Electronic Acceptance by the User.

Acceptance

THESE TERMS HAVE THE NATURE OF AN ADHESION CONTRACT AND BY AGREEING TO THE PROVISIONS HEREIN AND STARTING TO USE GUPY PERFORMANCE AND DEVELOPMENT, YOU EXPRESSLY, FREELY, AND INFORMEDLY ADHERE TO THE TERMS AND AGREE THAT YOU HAVE READ THIS DOCUMENT IN ITS ENTIRETY AND AGREE TO ITS CONDITIONS. YOU THEREFORE UNDERTAKE TO RESPECT THE CONDITIONS SET FORTH HEREIN IRREVOCABLY AND IRRETRIEVABLY, AS WELL AS TO USE THE SERVICES OFFERED THROUGH GUPY PERFORMANCE AND DEVELOPMENT BY GUPY AND PULSES IN A BENEFICIAL AND LEGAL MANNER.

The User understands and acknowledges that they have the legal capacity to enter into these Terms of Use and use the service.

Applicable Law and Jurisdiction

These Terms of Use are governed and interpreted according to Brazilian law, due to the services being offered in national territory, with the competent forum for resolving issues related to this document being the São Paulo-SP forum.

Updated last on February 20, 2024.