Last update: October 19, 2022
Terms and conditions of use
Welcome to Growyx.com, here you will find the rules and guidelines that regulate your registration, provision or contracting of services on our platform.
These terms and conditions of use (“TERM” or “TERMS”) constitute a legal agreement between individuals or companies that wish to hire services from freelance professionals, called “company” or “companies”, between the providers of autonomous services contracted by companies , referred to as “freelancer” or “freelancers”, being collectively referred to as “user” or “users”, and between the Growyx platform – GROWYX INTERMEDIACAO E AGENCIAMENTO DE SERVICOS DIGITAIS LTDA – a limited liability company, registered with 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 contracting and management between companies and freelancers, which is offered through our website at www.growyx.com, as it may be modified, relocated or redirected in a timely manner, and the mobile applications we offer. Our services, platform, website and mobile applications are collectively referred to as the “Growyx Platform”.
When registering, you declare that you agree with all the conditions imposed here, whether for free or onerous services, when applicable.
If you disagree with any condition or provision of this term, do not proceed with your registration, as the follow-up results in the declaration that you accept our Terms and Conditions.
This is because these Terms and Conditions are the rules for using our services. Therefore, it is extremely important that you comply with the rules described here if you want to continue 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 of the parties are presented.
The Terms of Use are a type of adhesion contract, therefore, when accessing or using Growyx, USERS will be in accordance with the rules presented here.
The agreement with the rules must be ratified before completing a registration operation. In any case, we advise that this document be read carefully before using the platform, as well as revisiting it from time to time.
We also inform you that this document may eventually be amended. The date of the last update will always be made available and USERS will receive a communication by email about the changes made.
1) Important definitions
1.1. "Freelancer" User: independent service providers who, through registration on the Growyx Platform ("Platform"), search for companies ("Company") that need to contract specific and separate services, sporadically and executed by project, without Growyx's interference and/or management.
1.2. User “Company”: legal entity that: (i) hires separate services performed and priced per hour by the “Freelancer”, upon execution of its own Service Provision Agreement and without interference and/or management by Growyx; and (ii) hires recruitment and intermediation services, in pre-paid or post-paid mode, through its own legal instrument, with the purpose of intermediating between the “Company” and the “Freelancer” and the management of payments through the use of the “Platform”.
1.3. “Growyx”: legal entity governed by Private Law, holder of the copyright and Intellectual Property rights of the “Platform”, which, through its licensing, performs intermediation services for “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 his project information and hours performed and the “Company ” is able to access and manage the contracted services.
2) Exclusive use of the platform
GROWYX is a platform that connects self-employed professionals on demand, in the areas of technology and marketing, with companies that need to hire and manage freelancers with safety and quality, thus performing a mere intermediation service.
Registration on the platform should only be done by freelance professionals interested in being hired by the hour and by companies or individuals who wish to hire freelancers for the performance of some service or project to be chosen.
3) Register
In order to use the Growyx Services, you must register and maintain only one personal account. You must still have civil capacity, as well as comply with all corresponding legal requirements for your area of expertise.
In order to use our services, you must obligatorily fill in the required registration fields, including those related to the data necessary to receive amounts as a result of your activity, intermediated by Growyx, and you will be responsible for the veracity of the declared information, obliging yourself to keep valid information, updated and correct.
In case of non-confirmation of your data, your access to our services may be blocked, at the sole discretion of Growyx.
After registration, Growyx will carry out an analysis and may accept or reject your registration request.
Even if you have had your registration accepted by Growyx, this fact does not guarantee that you will receive job proposals, because a series of factors and combinations can lead to the user not being hired, but we will use our best efforts to guarantee fast and profitable hiring .
Your user profile is exclusive and non-transferable. You may not share your Account with third parties, under penalty of immediate cancellation of the user's Account, in addition to forwarding the case to the authorities for analysis of any applicable criminal and civil penalties.
Growyx reserves the right to request additional documents for registration confirmation, as well as other user identification and authentication methods.
Account information is the sole responsibility of the person entering it. In the event that they cause damages or losses of any kind, the appropriate measures may be taken by Growyx in order to safeguard its interests and the integrity of the services provided.
4) Rules for registering companies
By providing your registration as a COMPANY interested in hiring freelancers, you are aware that Growyx is an intermediation platform that offers the hiring of Freelancer Services, which are carried out by third parties and that Growyx has no responsibility for the Services provided and/or or for the acts or omissions of any of the professionals.
You agree to hold Growyx harmless from claims arising out of your use, misuse or inability to use our Freelancer Services Site or Services.
You, as a contracting company, undertake to:
Provide access and make available information, documents and other relevant and necessary needs so that freelancers can perform their services.
Arrange for the creation of a test environment, when necessary, being your sole responsibility for any error, damage, disagreement, that occurs as a result of error or unavailability of suitable environments.
Approve deliveries made by freelancers in a timely manner and under the conditions described in the contract, under penalty of automatic approval.
5) Rules for registering freelancers
By providing your registration as a freelancer, you are aware that you need to 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 the contents. , except in cases where the COMPANY itself authorizes its sharing.
You, as a hired freelancer, commit to:
Check and resolve any complaints and problems arising from the execution of the services.
Provide the contracted services in accordance with the specifications and deadlines that are agreed upon.
Must be available for meetings, which will be held by videoconferences, previously scheduled.
You must pay taxes and tax contributions that may fall on the service object of this instrument.
It must deliver all the codes developed during the execution of the work in a documented way 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.
Fix any possible BUGS that are detected and are related to your source code, within deadlines to be stipulated in the contract. for a period of up to 30 days after the final delivery of this project.
You will have complete autonomy in defining your work routine, only respecting the contracted hours guidelines, under the agreed terms, not reflecting such conduct in any subordination.
You shall provide the contracted services in accordance with the specifications and terms agreed between the Parties.
You will work on projects brokered by GROWYX on an hourly contract model, and you must plan and scope all your tasks weekly, together with the contracting company, estimating each task in hours, taking responsibility for delivering them as planned.
You must notify GROWYX, by email or private message, 7 (seven) days in advance, of your withdrawal from the project, if you decide to cancel this contract in advance.
The immediate termination of this contract, by your part and/or desire, does not exempt you from actively participating in the project within the 7 days following the notice of termination, having as your main responsibility the completion of the week's tasks and the handoff to the professional who will be responsible for it. to replace.
If you do not comply with the 7 days prior notice, or abandon the project without due justification and do not respond to GROWYX or the contracting company for more than 2 business days, you will be subject to the application of a fine of 30% (thirty percent) on the total amount to be received, which will be retained with GROWYX.
You must follow the recommendations on the minimum infrastructure needed to work remotely and on 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 termination, you will be notified by email, at least 24 (twenty-four) hours in advance, by GROWYX, of your termination from the project.
You must use the time control software indicated by GROWYX, in order to document all your hours and the activities carried out in each project, always in a reliable way, so that the payment of the corresponding transfer is made monthly (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 the sole responsibility of said company.
Detail all hours worked within 48 hours after the moment of execution, in the time control software indicated by GROWYX, linking all tasks with the activities planned with the contracting company, so that the payment of the corresponding monthly transfer is made.
You must fill out your profile completely on the GROWYX platform, providing all the requested and necessary information for the perfect match to occur with the company's project, declaring from now on that they are true, under penalty of being legally liable in the civil and civil spheres. criminal.
You must have a regularized CNPJ, which may be MEI, or another type of business, which must be ready to issue service invoices compatible with the object of the activity to be carried out.
6) Intellectual property
When 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, the company being able to edit, transform, resell , replicate, change, as well as use it in any way that suits you.
The property rights of the software, web pages, tool accounts, design, texts, campaigns or digital product, developed as a result of the work carried out, including its manuals, modules and other documents related to them, are the property of the contracting companies, the which exclusively owns the right to use. As a result, you are prohibited from assigning, copying, selling, leasing or guaranteeing, donating, disposing in any way, transferring in whole or in part, temporarily or permanently, free of charge or onerous, under any modality, or making adverse use of the contracted purpose.
All Intellectual Property rights and copyrights on the 'Growyx' platform fully belong to GROWYX, as well as the logo, brand, insignia, symbols, manuals, technical documentation, derived technologies or any materials related to the platform. In this sense, none of the provisions of this Instrument 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, USERS may not modify, copy, imitate, distribute, create similar modalities or carry out any kind of reverse engineering, total or partial, of the GROWYX Software/Platform, or even , disrespect by any other means or form, directly or indirectly, its exclusive ownership over any of the versions of the Software and any of its parts.
7) Confidentiality
Confidential Information means any and all information, oral or written, of a 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 the businesses, operations, products, technologies and services developed or owned by the companies.
You will only use confidential information to provide the contracted services, committing yourself not to use them 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 shall remain for up to 5 (five) years after termination of the contract.
If any infraction dealing with this topic is found, you will be subject to the payment of a specific fine, in addition to compensation for the losses and damages that it causes, without prejudice to the application of any other civil or criminal sanction provided for in Brazilian law.
8) The use license granted to users:
From the first access and registration on the Platform, GROWYX grants USERS a non-exclusive, temporary, non-transferable and revocable license to use the Platform.
USERS hereby acknowledge that any unauthorized copying or use of the Platform or the content made available there constitutes a violation of these Terms and is strictly prohibited, and may be liable for damages.
The requirements for accessing and using the GROWYX platform may change at any time and for any reason, including, but not limited to, technological updates. USERS agree and acknowledge that, if they do not meet all the system requirements and/or do not update their device used to access the Platform, access to and/or use of the Platform may be affected and/or cancelled.
The commercial use of the expression “GROWYX” as a brand, business name or domain name, as well as the contents of the screens related to the services, programs, databases, networks and files, which allow the USER to access and use his account, are property of GROWYX INTERMEDIACAO E AGENCIAMENTO DE SERVICOS DIGITAIS LTDA. and are protected by copyright laws and international treaties, trademarks, patents, models and industrial designs. The misuse and total or partial reproduction of said contents are prohibited, unless expressly authorised.
9) Payment management functionality
The payment management functionality is available on the Platform, in which GROWYX receives from the Company and redirects the amounts to USERS (Freelancers), thus performing a mere intermediation service.
GROWYX, under no circumstances, will 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. In fact, GROWYX is not responsible for the fulfillment of the obligations contracted between the Company and the Freelancer through a separate contract signed between them.
10) Other conditions
The USER who violates any clause provided for in these Terms and Conditions of Use will be notified to cease the irregular practice, without prejudice to the legal sanctions that such irregularities may cause.
Failure to comply with the conditions and observations of these Terms and Conditions of Use gives GROWYX the right to cancel, suspend, delete and/or deactivate the USER's registration, temporarily or permanently, at its sole and exclusive discretion, without prejudice to the relevant legal sanctions and without the need to communicate to the USER the action taken within its system.
Considering that the use of the tools made available by GROWYX is linked to the agreement to the conditions of the Term and Conditions of Use in order to become effective, it is understood that the visitor or the USER has read and agreed with the conditions foreseen in these Terms, in no way jeopardizing that it is amended at any time by GROWYX, in 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 platform.
The parties agree to receive electronic messages and files as documentary evidence for all purposes, provided that they contain a receipt confirmation notice or another type of protocol that certifies receipt of the communication.
The other conditions, whether legal, accounting or pricing policies, will be discussed in private contracts signed between the contracting companies and the freelancers, and such contracts must always take into account the provisions of these terms.
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