Last updated: October 19, 2022.
Welcome to Growyx.comHere you will find the rules and guidelines that regulate your registration, provision or contracting of services in our platform.
Welcome to Growyx.comHere you will find the rules and guidelines that regulate your registration, provision or contracting of services in our platform.
These terms and conditions of use ("TERMS" or "TERMS") constitute a legal agreement between individuals or companies who wish to engage the services of freelancersprofessionals, referred to as "company" or "companies"among the freelance service providers contracted by companies, called "freelancer or "freelancersand collectively referred to as "user or "users", and between Growyx - GROWYXand between the Growyx platform - GROWYX INTERMEDIACAO E AGENCIAMENTO DE SERVICOS DIGITAIS LTDA - a limited liability company, registered in the CNPJ No. 26.128.759/0001-48, headquartered in São Paulo, SP, hereinafter referred to as "Growyx. These terms govern the use of our service platform that facilitates the contracting and management between company e freelancerswhich is offered through our website at www.growyx.com, as may be modified, relocated or redirected in due course, and the mobile applications we offer. Our services, platform, website and mobile applications are collectively referred to as the "Growyx Platform".
By registering, you declare that you agree with all the conditions herein imposed, whether for free or paid services, when applicable.
If you disagree with any condition or provision of this term, do not proceed with your registration, as proceeding results in a statement that you accept our Terms and Conditions.
This is because these Terms and Conditions are the rules for using our services. Therefore, it is of the utmost importance that you agree with the rules described here if you want to proceed with the contract.
The Terms are nothing more than a contract between the parties involved in the services provided. Thus, this document presents all those involved with the provision of services; as well as the responsibilities, obligations, and duties of each party.
The Terms of Use are a kind of adhesion contract, so, when accessing or using Growyxthe USERS will be in agreement with the rules presented here.
The agreement in relation to the standards should be ratified before completing a registration operation. In any case, we advise you to read this document carefully before using the platform and to revisit it from time to time.
We also inform you that this document may be changed from time to time. The date of the last update will always remain available and the USERS will receive a communication by e-mail about the changes made.
IMPORTANT SETTINGS
1.1 "Freelancer" User: Independent service providers that, through registration in the Growyx Platform ("Platform"), carry out the search for companies ("Company") that need to contract specific and sporadic services, sporadically and executed by project, without the interference and/or management of Growyx.
1.2 "Company" User: Legal entity that: (i) hires individual services executed and priced per hour by the "Freelancer", through the celebration of a Service Rendering Contract and without the interference and/or management of Growyx; and (ii) hires recruitment and intermediation services, in a prepaid or postpaid modality, through a legal instrument with the objective of intermediation between the "Company" and the "Freelancer" and the management of payments through the use of the "Platform".
1.3 "Growyx": Legal entity of Private Law, holder of the copyright and Intellectual Property rights of the "Platform", which, through its licensing, executes intermediation services for the "Companies" and "Freelancers".
1.4 "Platform": platform/software developed and owned exclusively by "Growyx", which has several functionalities for contract management and payment management, through which the "Freelancer" includes their project information and hours performed and the "Company" is able to access and manage the contracted services.
EXCLUSIVE USE OF THE PLATFORM
A GROWYX is a platform that connects on-demand freelance professionals, in the areas of technology and marketing, with companies that need to hire and manage freelancers with security and quality, thus performing services of mere intermediation service.
Registration on the platform should only be done by freelancers interested in being hired on an hourly basis and by companies or individuals who wish to hire freelancers for the performance of some service or project to be chosen.
REGISTER
To use the Services of Growyxservices, you must register and maintain only one personal account. You must also have civil capacity, as well as comply with all the corresponding legal requirements for your area of activity.
To use our services, you must obligatorily fill out the required registration fields, including the necessary data for receiving values as a result of your activity, intermediated by Growyxand will answer for the veracity of the declared information, being obligated to maintain valid, updated and correct information.
In case your data is not confirmed, your access to our services may be blocked, at Growyx' exclusive discretion. Growyx.
After the registration, Growyx Growyx will make an analysis and may accept or refuse your registration request.
Even if you have had your registration accepted by Growyxthis fact does not guarantee that you will receive job offers, because a series of factors and sets may lead to the user not being hired. userBut we will use our best efforts to guarantee quick and fruitful hires.
Your user profile at profile is unique and non-transferable. You may not share your Account with third parties, under penalty of immediate termination of the user's Account. useraccount and referral of the case to the authorities for analysis of any applicable criminal and civil penalties.
A Growyx reserves the right to request additional documents for registration confirmation, as well as other methods of identification and authentication of the user.
The Account information is the sole responsibility of the person who entered it. In case of damage or loss of any kind, the appropriate measures may be taken by Growyx in order to protect its interests and the integrity of its services.
RULES FOR COMPANY REGISTRATION
When providing your registration as COMPANY interested in hiring freelancers, you are aware that Growyx is an intermediation platform that offers contracting of Freelancer Services, which are performed by third parties and that Growyx has no responsibility for the Services provided and/or the acts or omissions of any of the professionals.
You agree to keep Growyx free from claims arising out of your use, misuse, or inability to use our Site of or the Freelancer Services.
You, as the contracting company, commit to:
Provide access to and make available the relevant and necessary information, documents, and other necessities for freelancers to perform their services.
Provide the creation of an environment for testing, when necessary, being its total responsibility, any error, damage, disagreement, that occurs due to error or unavailability of adequate environments.
Approve the deliveries made by the freelancers in a timely manner and under the conditions described in the contract, under penalty of automatic approval.
RULES FOR FREELANCE REGISTRATION
By providing your registration as a freelancer, you are aware that you must maintain the confidentiality of all information received during and after the execution of the contracted work, regardless of the nature of the information shared, including the confidentiality of client information and the confidentiality of content, except in cases where the COMPANY authorizes its sharing.
You, as a contracted freelancer, commit to:
Verify and solve eventual complaints and problems arising from the execution of the services.
Provide the contracted services according to the agreed upon specifications and deadlines.
It must be available for meetings, which will be held by video conference, previously scheduled.
Must pay taxes and fiscal contributions that may fall upon the service object of the present instrument.
It must deliver all code developed during the execution of the work in documented form in a repository in the cloud, tested and validated, following the good practices of clean code, in the case of software development.
You must deliver the result of your work, be it graphic elements, interface design, research, studies, texts, marketing campaigns, or any other work that is a result of the service, in a repository or software in the cloud to be made available.
Correct any eventual BUGS that are detected and are related to its source code, in timeframes to be stipulated in the contract. for a period of up to 30 days after the final delivery of this project.
You will have total autonomy in the definition of your work routine, and must respect only the contracted hours guidelines, as agreed upon, not reflecting such conduct in any subordination.
You shall provide the contracted services according to the specifications and deadlines that are agreed upon between the Parties.
You will work on projects intermediated by GROWYX on an hourly contract basis, planning and scoping all tasks on a weekly basis with the contracting company, estimating each task in hours, and being responsible for their delivery as planned.
You should tell GROWYXby e-mail or private message, seven (7) days in advance, your withdrawal from the project, should you decide to cancel this contract early.
The immediate termination of this contract, on your part and/or desire, does not exempt you from actively participating in the project for the 7 days following the notice of termination, with the main responsibility being the completion of the week's tasks and the handoff to the professional who will replace you.
If You do not comply with the 7 days notice, or abandon the project without proper justification and do not respond to GROWYX or the contracting company for more than 2 business days, you will be subject to a fine of 30% (thirty percent) of the total amount due, which will be retained with GROWYX.
You should follow the recommendations about the minimum infrastructure necessary to work remotely and about the AGILE Methodology that will be used in the project when provided by the contracting company or by GROWYX.
When requested by the contracting company, in cases of project shutdown, you will be notified by e-mail, at least 24 (twenty-four) hours in advance, by GROWYXyour dismissal from the project.
You should use the time tracking software indicated by GROWYXin order to document all your hours and the activities performed in each project, always in a reliable way, so that the corresponding monthly transfer can be made (which normally occurs until the 15th of each month, however the transfer is conditioned to the approval of hours and payment by the client). To do so, you will be redirected to the 'Clockify' platform and, from that moment on, you must adhere to its Terms and Conditions and Privacy Policy, which are of the entire responsibility of that company.
Detail all hours worked within 48 hours after the time of their execution, in the time tracking software indicated by GROWYX, linking all tasks with the activities planned with the contracting company, so that the corresponding transfer can be paid on a monthly basis.
A
You must fill out your profile completely on the GROWYXplatform, providing all the information requested and necessary for a perfect match with the company's project, declaring right now that they are true, under penalty of being legally responsible in the civil and criminal spheres.
You must have a regularized CNPJ, which can be MEI, or another business type, which must be ready to issue service invoices compatible with the object of the activity to be performed.
INTELLECTUAL PROPERTY
By registering on our platform and/or performing services, you agree to assign in favor of the contracting companies, total exclusivity, on the copyright of all intellectual work, studies, designs and source code developed, and the company can edit, transform, resell, replicate, alter, as well as use it as it sees fit.
The property rights of the software, web pages, tool accounts, design, texts, campaigns or digital product, developed as a result of the work performed, including their manuals, modules and other documents related to them, are the property of the contracting companies, which exclusively hold the right to use them. Therefore, you are prohibited from assigning, copying, selling, renting or guaranteeing, donating, alienating in any way, transferring totally or partially, provisionally or permanently, free of charge or onerously, under any modality, or making adverse use of the contracted purpose.
All Intellectual Property rights and copyrights on the 'Growyx' platform belong entirely to GROWYXas well as the logo, the brand, the insignias, the symbols, the manuals, the technical documentation, derived technologies or any material related to the platform. In this sense, none of the provisions of this document shall be interpreted as a form of license or assignment of intellectual property rights.
Without prejudice to other limitations arising from the law or this Agreement, the USERS may not USERSmodify, copy, imitate, distribute, create similar arrangements or perform any kind of reverse engineering, in whole or in part, of the Software/Platform of GROWYXs Software/Platform, or in any other way, directly or indirectly, disrespect the exclusive ownership of GROWYX over any version of the Software and any of its parts.
CONFIDENTIALITY
Confidential Information is any and all information, oral or written, of technical, operational, financial, commercial or legal nature, including, without limitation, know-how, databases, models, formulas, samples, theories, patents, intellectual property, material, technologies, in short, any and all information that the companies make available in relation to business, operations, products, technologies and services developed or owned by the companies.
You will only use the confidential information to provide the contracted services, committing yourself not to use it for any other purpose, directly or indirectly, except if previously and expressly authorized in writing by the contracting companies or by Growyx.
Your duty of confidentiality with all information received must remain for up to five (5) years after the end of the contract.
In case any infraction is found that deals with this topic, you will be subject to the payment of a specific fine, in addition to compensation for the losses and damages you cause, without prejudice to the application of any other civil or criminal sanction foreseen in the Brazilian legislation.
OF THE LICENSE OF USE GRANTED TO THE USERS:
As of the first access and registration on the Platform, GROWYX GROWYX grants to the USERS a non-exclusive, temporary, non-transferable and revocable license to use the Platform.
The USERShereby acknowledge that any unauthorized copying or use of the Platform or the content made available therein constitutes a violation of these Terms and is an act that is strictly prohibited and may result in losses and damages.
The requirements for access and use of the GROWYX platform may be changed at any time and for any reason, including, but not limited to, technological updates. The USERS agree and acknowledge that if they do not have all the system requirements and/or do not update their device used to access the Platform, access and/or use of the Platform may be affected and/or cancelled.
The commercial use of the term "GROWYX" as a trademark, company name or domain name, as well as the contents of the screens relating to the services, programs, databases, networks and files, which allow the USER access and use his/her account, are the property of GROWYX INTERMEDIACAO E AGENCIAMENTO DE SERVICOS DIGITAIS LTDA. and are protected by international laws and treaties on copyrights, trademarks, patents, models and industrial designs. The improper use and total or partial reproduction of the referred contents are prohibited, unless expressly authorized.
OF THE PAYMENT MANAGEMENT FUNCTIONALITY
It is made available on the Platform the payment management functionality, in which GROWYX receives from the Company and redirects the values to the USERS (Freelancers), thus performing a mere intermediation service.
A GROWYXwill not, under any circumstances, be responsible for the payment of the USER (Freelancer) if the hours are not approved or the transfer from the Company has not been made. Indeed, GROWYX is not responsible for the fulfillment of the obligations contracted between the Company and the Freelancer through a proper contract between them.
THE OTHER CONDITIONS
O USER that violates any clause foreseen in these Terms and Conditions of Use, will be notified to cease the irregular practice, without prejudice to the legal punishments that such irregularities may cause.
Failure to comply with the conditions and notices in these Terms and Conditions of Use gives GROWYX the right to cancel, suspend, delete and/or deactivate the registration of the USERregistration, temporarily or definitively, at its sole and exclusive discretion, without prejudice to the pertinent legal penalties and without the need to communicate this to the USER. USER the action taken within its system.
Whereas the use of the tools made available by GROWYX is linked to compliance with the conditions of the Terms and Conditions of Use in order to be effective, it is understood that the visitor or the USER has read and agreed to the conditions set forth in these Terms, notwithstanding that the same may be amended at any time by GROWYXin case there is a need to adapt it to new facts.
Therefore, we request the periodic reading of this Term, as a means of becoming aware of the responsibilities, duties and obligations that the visitor or USER assumes when using the GROWYX GROWYX .
The parties agree on the receipt of electronic messages and files as documentary proof for all purposes, as long as with an acknowledgement of receipt or other type of protocol that certifies the receipt of the communication.
All other conditions, whether legal, accounting, or pricing policies, will be discussed in private contracts between the contracting companies and the freelancers, and such contracts must always take into consideration the provisions of these terms.
Welcome to Growyx.com