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Terms and Conditions of Use of YO! Portal

Terms and Conditions of Use of the YO! Portal

(Updated on 08/28/2023)

These Terms and Conditions regulate access to and use of YO! (whether as a mobile application or as a web portal).

YO! Portal is a human resources management tool, embodied in a mobile application and a Web Portal, developed, managed and provided by KnowledgeWorks - Consultoria Em Sistemas de Informação Ltda. (hereinafter KnowledgeWorks).

The purpose of the YO! Portal is to optimize communication between companies and their employees, allowing, in a simple and intuitive way, to facilitate the performance of various operations related to the execution of employment contracts and the provision of services (such as recording attendance and punctuality, scheduling vacations, recording absences and their respective justifications, requesting reimbursement of expenses, requesting use of equipment, etc.).

The use of the Yo! Portal is governed by these Terms and Conditions, which are recommended for reading, and is subject to full acceptance thereof.

1. WHO WE ARE AND WHAT IS THE PURPOSE OF THESE TERMS

KnowledgeWorks is a Portuguese company, part of the Wondercom Group, headquartered at Lumiar Campus - Building K1, Estrada Paço do Lumiar, 1649-038 Lisbon, registered under the unique corporate number 507869931, which develops and provides the YO! Portal. Contact details are available on the website. https://knowledgeworks.pt/fala-connosco/ .

Access to the Platform is only granted in the following situations:

      1. The Customer purchased the YO! Portal for their Organization;
      2. The Organization for which the User works or with which he has a contractual relationship has acquired the services provided by the Platform.

These Terms and Conditions describe the legal conditions applicable to all users who access the Platform (regardless of how such access is made).

The use of the Platform implies and assumes the User's acceptance of these Terms and Conditions.

By clicking on the “ I agree to the Terms and Conditions ” button, the User is agreeing to be bound by them and agrees that no other conditions will apply, except in the situation in which he/she has acquired, through a written and signed contract, the Portal’s services, in which case the provisions of that contract also apply. 

2. DEFINITIONS

    1. Yo! Portal/ Portal : the means by which the Services are provided (applying the term to both the mobile application and the web portal);
    2. Services : the services available on the Portal and all related performances and functionalities provided by KnowledgeWorks, including the management, availability and operation of the Portal;
    3. Account : an account created on the Portal, which allows a person to access and use the Services, including Administrator accounts and User accounts;
    4. Account owner/Customer : organization/company/person that purchased the service provided by the Yo! Portal from KnowledgeWorks and that manages the Portal settings, determining its Users;
    5. User : all employees and/or service providers of companies that use the Yo! Portal as a human resources management tool, for whom accounts have been created to access the Portal and who have agreed to the Privacy Policy and Terms and Conditions thereof;
    6. Administrator Account : Customer accounts for the purpose of managing both Customer's use of the Portal and all Customer user accounts.
    7. User Account : the Account accessible by Users of the Platform, each User having a separate account with personal Account Details;
    8. Data : all data and materials uploaded, stored, made available or provided by Users and/or the Client on the Portal or generated by the Portal and/or Client and Users as a result of the use of the Services.

Furthermore, for the purposes of interpreting this Privacy Policy, the definitions established in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 and its respective national implementing legislation (Law No. 58/2019 and Law No. 59/2019, both of 8 August) will apply.

3. RULES OF USE

The user, after performing the necessary authentication, can access and use the Web Portal on a computer and the Portal Mobile Application on a cell phone or tablet having, in both cases, to have mobile internet or Wi-Fi to be able to access the services provided.

User authentication on the Portal is performed through a username , created by the Account Owner, and a password, defined by the User.

The User is responsible for keeping the Portal access codes confidential, and any damages that may arise from the eventual transmission of the personal information in question to third parties are the sole responsibility of the User.

The User undertakes not to use the Platform in a way that prevents or disrupts its normal operation and access by other Users or in a way that may cause, directly or indirectly, any damage to KnowledgeWorks, its partner companies or third-party Users.

Specifically, but not exclusively, the User undertakes to:

  • Ensure the veracity and accuracy of the data entered into the Portal;
  • Do not reproduce, distribute, commercialize, transmit and/or make available any content of the Platform (whether or not via the internet) without prior authorization from KnowledgeWorks and without reference to intellectual property rights;
  • Do not use the Portal's content in a way that is considered illegal, or in conjunction or association with images or other content that contain pornography, violent acts or incitement to violence, unlawful, unfair, obscene or defamatory acts in relation to any people and/or property or that promote racial or sexual discrimination;
  • Do not use the Portal for any commercial purpose, nor disassemble, decompile or reverse code, nor in any other way break or attempt to break the encryption that protects the platform;
  • Do not use the Portal's content in terms that, directly or indirectly, violate KnowledgeWorks' intellectual property rights or that may have any negative impact on its image.
  • Do not alter or remove any copyright information, trademark, logo or other identifying elements contained in the Portal

    4. INTELLECTUAL PROPERTY

    All intellectual property rights in the YO! Portal and the information, content or software available through it belong to KnowledgeWorks or the Partners who made them available.

    The Portal is protected by copyright, trademark and other specific intellectual property rights.

    The User has the right to install and use the application only for his/her personal (and non-commercial) use, however, It is expressly prohibited to copy, modify, adapt, distribute, publish, sell or license the Portal or its content to third parties.

    Any use of the Portal for purposes other than those authorized herein, notably copies, whether total or partial, will make the User incur civil and/or criminal liability before KnowledgeWorks, as well as the obligation to compensate it for all damages caused by it.

    5. LIABILITY AND RISK

    Use of the Portal is made using communications networks and computer systems, and KnowledgeWorks cannot guarantee that use of the Portal will be uninterrupted, without delays or errors. For this reason, within the legal limits, KnowledgeWorks does not assume any commitment related to the performance/availability of the same in these Terms, and is not liable to any User or Customer for any losses suffered by them or third parties resulting from the inability to use the Portal.

    KnowledgeWorks will not be liable to any User or Customer of the Portal for any damages (including lost profits and moral damages) arising from its use, except in cases where the damage has been proven to have been caused by fraud or attributable intent. to KnowledgeWorks.

    Furthermore, KnowledgeWorks assumes no responsibility for any incorrect data, i.e. data provided by or on behalf of Users.

    6. PRIVACY AND PERSONAL DATA

    Personal data entered into the Portal is always the property of the Data Subjects and Account Owners and is only used by KnowledgeWorks, in accordance with the purposes pre-defined by it.

    Users' personal data will be collected and processed in accordance with current legal regulations and in accordance with the Privacy Policy contained in the Web Portal and Mobile Application, which you can consult at www.yoportal.knw.pt .

    7. DATA PROTECTION AGREEMENT

    In compliance with art. 28, § 3 of the General Data Protection Regulation, in cases where Yo! Portal services are provided to Client Companies, KnowledgeWorks undertakes to enter into a Data Protection Agreement with them, which will define and regulate the terms of use given to the information of Clients and Users of the YO! Portal.

    8. PLATFORM UPDATES

    KnowledgeWorks may make updates and/or modifications to the Portal on its own initiative.

    Updates and/or modifications made will be considered part of the Portal and are subject to these Terms and Conditions.

    Updates and/or modifications may momentarily impact the operation and availability of the Portal, and KnowledgeWorks will take reasonable measures to minimize such impact.

    9. CHANGES

    KnowledgeWorks reserves the right to change, in whole or in part, these Terms, in accordance with any legislative change, in accordance with best practices or based on an update of the services provided by the Platform.

    Such changes will be communicated to Users and Customers through a notification on the Portal.

    When changing, Users and Customers, in order to continue using the Portal, will have to ensure that they have read, understood and agreed to the most recent Terms available.

    10. APPLICABLE LAW

    These Terms of Use are regulated by current Portuguese law.

    11. GENERAL PROVISIONS

    If any provision of these Terms is found to be void, unenforceable or ineffective, the remaining provisions hereof will remain in full force and effect, and the portion found to be invalid will be deemed modified to the minimum extent necessary to remedy such defect.

    These Terms and Conditions are regulated by current Portuguese law.

    12. CONTACT

    For any questions related to these terms or if you need to contact KnowledgeWorks about the Platform, you can use the email info@knowledgeworks.br .

    By clicking on the “ I agree to the Terms and Conditions ” button, I DECLARE that each and every clause of these Terms has been communicated to me in full, in an appropriate manner and with the necessary advance notice, having obtained complete, effective and informed knowledge of them, and hereby accept each one of them.