Terms of Use and Service – Saas Youdeserve Engagement Solution
These Terms of Use and Service ("Terms") are a legal agreement between the Client (legal entity, also referred to as "Contracting Company"), its Employees (individual, also referred to as "Users") and TODAY DIGITAL LTDA, a private legal entity, registered with the CNPJ/MF under No. 43.218.010/0001-00, headquartered at Rua Francisco Furtado Ramos, nº 970, Bairro Copacabana, CEP 88504-330, in the city of Lages, Santa Catarina ("YouDeserve"). YouDeserve is the owner of all copyrights and intellectual property rights over the software ("Engagement Platform"), made available on the web and as a web app installable under the "Software as a Service" modality.[ri1]
By accepting these Terms, or by accessing or using the YouDeserve platform, the User agrees to these terms and conditions of use of the software.
1. DEFINITIONS:1.1. YouDeserve: Employee engagement platform developed, operated and made available under the "Software as a Service" modality by TODAY DIGITAL LTDA, a private legal entity, registered with the CNPJ/MF under No.
43.218.010/0001-00, headquartered at Rua Francisco Furtado Ramos, No. 970, Bairro Copacabana, CEP 88504-330, in the city of Lages, Santa Catarina.
1.2. Contracting Company: Legal entity incorporated under Brazilian law that contracts the solution for its employees.
1.3. Users: Individuals, of legal age, over 18 years of age, civilly capable, employee authorized by the Contracting Company to use the platform, who agrees and freely adheres to the Terms established herein. Users will be considered both those individuals who use YouDeserve's services in their own name, answering the questions sent to them, and those individuals who act as representatives of the Contracting Company.
1.4. Virtual Currency: Digital unit used within the platform for recognition between employees and redemption of rewards.
1.5. Rewards: Prizes in the form of benefits, products or services that can be redeemed by Users using accumulated virtual currencies.
2. OBJECT
2.1. YouDeserve allows Contractors to create recognition programs for their Employees, assign virtual currencies and manage the conversion of these currencies into rewards. Employees recognize their peers and can redeem rewards according to guidelines established by the employing company.
2.2. The purpose of this Term is the provision, by YouDeserve, of a digital platform for the management of recognition and award programs for employees of the Employing Company, through virtual currency and redemption of rewards.
2.3. After the submission and registration of employees by the Employing Company, YouDeserve will provide basic training for the use of the platform. Upon completion, the Employer will have access to the personalized environment, being able to configure its own internal currency, recognition rules and rewards catalog.
2.4. The Employing Company will have the autonomy to define the value of the virtual currency, the rules for granting it, and the selection of rewards, with parameters established during the onboarding process.
2.5. YouDeserve offers three types of rewards on the platform, and it is up to the Employer Company to choose the desired one(s):
2.5.1. Own Rewards: registered and managed directly by the Employer Company, which will be responsible for their availability, criteria and delivery to employees.
2.5.2. Partner Rewards: registered by the Employer Company through agreements with third parties, assuming full responsibility for hiring, paying and operating these rewards.
2.5.3. YouServe Club Rewards: catalog made available by YouDeserve itself, upon prior insertion of credits by the Employer Company to fund the redemptions made by its employees.
2.6. The credits inserted by the Employing Company on the platform are intended exclusively for the payment of YouDeserve Club rewards, without any nature of ownership or availability for other purposes.
2.7. The Employing Company is responsible for maintaining sufficient balance to ensure the execution of the redemptions. In the absence of a balance, the offer of rewards may be suspended until regularization.
2.8. YouDeserve acts exclusively as an intermediary in the operation of the platform, not assuming direct responsibility for the quality, delivery or execution of the rewards provided by third parties.
3. LICENSE TO USE THE PLATFORM
3.1. YouDeserve grants the Contracting Company and its Users a limited, non-exclusive and non-transferable license to access and use the services of the platform, as provided for in these Terms.
3.2. Permitted Use
3.2.1. Access to the platform is restricted to Users registered by the Contracting Company.
3.2.2. The platform may be used only for purposes related to the contracted engagement program.
3.3. Technical Requirements
3.3.1. Users must keep their browsers and operating systems up to date and with valid licenses to ensure the proper functionality of the platform.
4. OPERATION OF THE SOLUTION
4.1. Recognition between Employees
4.1.1. The Contracting Company creates recognition programs, defines the rules for the use of virtual currencies and configures the recognition moderation options.
4.1.2. Users can publicly recognize their peers, leaders, and subordinates through personalized messages, animations, and attribution of the company's cultural values.
4.1.3. Recognitions may be moderated and approved according to the configuration of the Contracting Company.
4.2. Accumulation and Redemption of Virtual Currencies
4.2.1. The virtual currencies accumulated by Users can be exchanged for prizes in the form of rewards available on the platform.
4.2.2. The redemption may be subject to the approval of the Contracting Company or be processed directly by YouDeserve and its partners.
4.2.3. Rewards managed by the Contracting Company follow their own rules of delivery and use.
4.3. Validation of Rewards
4.3.1. Partners can access a specific portal for validating vouchers issued by the platform.
4.3.2. YouDeserve will directly process the rewards that are contracted within its system or through third-party providers.
5. TOOL SECURITY
5.1. The organization adopts technical and organizational measures aimed at establishing information security and the protection of users' personal data, including, but not limited to: information security and privacy policy, information access control, data recovery, monitoring of security incidents, confidentiality with its employees, suppliers and service providers and other complementary measures.
5.2. Our web applications, help center and service channel use SSL (Secure Socket Layer) certificate that guarantees that personal data is transmitted in a secure and confidential manner, so that the transmission of data between the server and the user, and in feedback, occurs in a fully encrypted or encrypted manner.
5.3. A personal data breach occurs when a security incident causes, accidentally or unlawfully, the destruction, loss, alteration, disclosure or unauthorized access to personal data transmitted, stored or subject to any other type of processing.
5.4. The organization will notify the Data Subject, within an appropriate period, in the event of any type of security incident, which deals with the previous item, related to their personal data, which may cause relevant risk or damage to their individual rights and freedoms.
5.5. Situations in which the damages are the sole fault of a third party, such as hacker or cracker attacks or fault, will not be considered as security incidents exclusive data of the Data Subject, such as in the case where he/she transfers his/her data to a third party.
5.6. Finally, the organization undertakes to treat the user's personal data confidentially, within the legal limits.
5.7. More information about our privacy policies can be found on our website through the links https://www.youdeserve.today/privacy-and-data-protection#policies.
6. PRIVACY AND DATA PROTECTION:
6.1. YouDeserve is committed to respecting privacy and protecting personal data in accordance with the General Data Protection Law (LGPD). We are data operators, while the Contracting Company is the data controller.
6.2. Rights of Data Subjects
6.2.1. Users have the right to access, rectify, delete and portability their personal data, as provided for in the LGPD.
6.2.2.To exercise your rights, please contact us by email: privacidade@youdeserve.today or dpo@youdeserve.today.
6.3. Data Processing
6.3.1. Data collected are used exclusively for the operation of the platform and fulfillment of its functionalities.
6.3.2. YouDeserve adopts technical and organizational measures to ensure data security.
7. SUPPORT AND SERVICE LEVEL
7.1. Support Availability:
7.1.1.YouDeserve undertakes to provide technical support to meet demands related to the use of the platform, at the following times:
7.1.1.1. Business Hours: Monday to Friday, from 8:00 am to 12:00 pm and from 2:00 pm to 6:00 pm, Brasilia time;
7.1.1.2. Weekends and Holidays: on Saturdays, Sundays and holidays, the service will take place on an on-call basis, with response time observed according to the Service Level Agreement (SLA) provided for in Clause 7Pre.3 of this Term, and may, alternatively, be carried out in the next subsequent business period.
7.2. Support can be activated through the following official channels:
7.2.1.Platform: through the communication chat located in the lower right corner of the screen, available to authenticated users, through the "Messages" option and then "Send a message";
7.2.2. Help Center: accessible in https://help.youdeserve.today, through the communication chat located in the lower right corner of the screen, through the "Messages" option and then "Send a message";
7.2.3. E-mail: through the e-mail addresses ajuda@youdeserve.today, ayuda@youdeserve.today or help@youdeserve.today;
7.2.4.WhatsApp: by the number +55 (49) 9 177 5003.
7.3. Service Level Agreement (SLA):
7.3.1. The fulfillment of requests will follow the deadlines stipulated in the Service Level Agreement (SLA), defined according to the severity of the impact identified in the use of the platform, as follows:
Degree of Severity | Definition | Deadline for Compliance (SLA) |
Urgent | Error in critical functionality that makes it impossible to use the platform, with no alternative for work continuity. | Response within 2 business days. |
High | Error in critical functionality, with relevant impact, but which allows partial continuity of the use of the system. | Response within 7 business days. |
Medium | Error in generalized functionality, with a viable alternative for continuity of use. | Response within 14 business days. |
Low | Error in non-critical functionality, with no significant impact on system usage. | Response within 21 business days. |
7.3.2.YouDeserve undertakes to ensure the minimum availability of the platform at 90% (ninety percent) per month, considering the average continuous operating time of the services offered.
7.3.3. If the minimum monthly availability is not met, YouDeserve must present to the Employing Company a formal justification detailing the causes of the unavailability and the corrective measures adopted to avoid recurrences.
8. INTELLECTUAL PROPERTY
8.1. All intellectual property rights related to the use of the platform, including features, logos, forms, components and functionalities, belong exclusively to the Licensor.
8.2. The Client may not use the insignia or trademarks of the software without the prior and express authorization of the Licensor.
8.3. It is forbidden for the Client, without prior and express authorization from the Licensor:
8.4. To disclose, reveal or make available, in whole or in part, the software to third parties, even for testing;
8.5. Use, sell, distribute, sublicense, rent, assign, copy, modify or dispose of the software;
8.6. Reverse engineer or attempt to access the source code, data, or confidential information of the software;
8.7. Remove copyright or intellectual property notices from the software;
8.8. Use the software to develop competitors or copy their ideas, functionalities or design;
8.9. Use the software or external tools to harm the Licensor or third parties, such as spamming, flooding, or other practices Illicit;
8.10. Transmit files with viruses, worms, trojan horses or programs that may compromise the operation of the software.
8.11. In case of violation of these clauses, the Licensor may terminate the contract immediately, without prejudice to demanding compensation for any damages.
8.12. The Licensor may audit the use of the software to ensure compliance with this Term and prevent any irregularity.
9. DATA PROTECTION AND PRIVACY
9.1. The Client is the Controller of the Personal Data entered in the software, being responsible for ensuring the lawfulness in the processing, processing and storage of such data. The Licensor acts as the Data Operator.
9.2. Both parties must comply with their legal obligations in the processing of data, including collection, processing, use, sharing, and disposal, according to the General Data Protection Law (LGPD).
9.3. The Personal Data processing operations by the Licensor are limited to the conditions set forth in this Term.
9.4. The Client remains the owner of the data it enters into the system, including third-party data, and is responsible for the proper use in accordance with this Term.
9.5. The Licensor may refuse to process Personal Data that, at its discretion, violates current legislation.
9.6. The Client agrees that the Licensor may subcontract services, when necessary for the operation of the software.
9.7. The Client acknowledges that the Licensor may perform international data transfers, including the use of servers located outside Brazil.
9.8. The Licensor must adopt appropriate technical and security measures to protect the Personal Data and avoid incidents.
9.9. In case of an incident, the Licensor must notify the Client within 48 business hours.
10. The Licensor informs that the operation of the software does not require the inclusion of sensitive personal data. If the Client chooses to enter this type of data, the responsibility will be solely his/hers.
11. CONFIDENTIALITY
11.1. It is incumbent on both parties to maintain the confidentiality of all information, data, materials, technical and commercial specifications, functionalities, innovations, etc., that they may have access to through the use of the software or related services, They are prohibited from disclosing the information to any third party, except when expressly authorized by the opposing party.
11.2. In the event that any of the parties is compelled to disclose the information on behalf of a legal order or a government agency, it is obliged to notify the opposing party as far in advance as possible so that it is possible for it to take the measures it deems pertinent to safeguard its information.
11.3. The Licensor may use the information generated and made available via software for the following purposes:
11.3.1. Sending notifications, alerts or communicated to the Client.
11.3.2. Fulfillment of the object for which the software is intended.
11.3.3. Identification of the Client's profile or needs for the purpose of improving the system's functionalities.
11.4. Solving problems, errors, inconsistencies, improving support, among other situations 12
. RESPONSIBILITIES
12.1. Responsibilities of YouDeserve:
12.1.1. Maintenance and technical support of the platform.
12.1.2. Sending of rewards contracted directly on the platform.
12.1.3. Refund of virtual currencies and credits in the event that a reward processed by YouDeserve is not delivered.
12.2. Responsibilities of the Contracting Company
12.2.1. Employee management and recognition programs.
12.2.2. Definition and update of rules for redemption and conversion of virtual currencies.
12.2.3. Guarantee of labor and legislative compliance regarding its employees.
12.3. Responsibilities of Users
12.3.1. Maintain the confidentiality of their access credentials.
12.3.2. Use the platform responsibly, sensibly and for their purposes and in accordance with these Terms.
12.3.3. Ensure that information entered, such as address and details for redeeming rewards, is correct.
12.3.4. Limitations of Liability
12.3.4.1. YouDeserve is not responsible for delays or failures arising from errors in third-party systems or outside of its direct control.
12.3.4.2. Data leaked due to Users' negligence or non-systemic failures are the sole responsibility of the Same.
13. GENERAL PROVISIONS
13.1. Licensor, as the owner of copyright and intellectual property rights, may change this Term at any time, at its sole discretion.
13.2. The Client acknowledges that this Term is governed by civil legislation and that the Consumer Protection Code does not apply, since the Client is not the final consumer of the software.
13.3. Based on clause 11.2, the Customer acknowledges that it is not a vulnerable party in the contractual relationship, and this Term does not give the right to repentance or other rights provided for in consumer protection legislation.
13.4. If any clause of this Term is considered invalid or unenforceable, the others will remain in full force and effect.
13.5. The Client may not assign or transfer this Term to third parties, including companies of the same economic group, without prior and express authorization from the Licensor.
13.6. The tolerance of one of the parties in relation to the non-compliance with any obligation does not imply waiver of rights or contractual amendment. The tolerant party may demand compliance at any time.
13.7. The Client declares to be a legal entity with full capacity to contract and with the authority to assume the obligations set forth in this Term.
13.8. The parties agree that this Term has the force of an extrajudicial enforceable title and may be used to judicially demand the obligations set forth herein.
14. CHANGES TO THE TERMS
14.1. We reserve the right to change these Terms at any time. We will notify you of the relevant changes through the email registered by the Contracting Company or on the platform itself.
15. CONTACT
15.1. If you have any questions about these Terms or the operation of the platform, please contact us through the contact form on our website or through the channels below: E-mail: ajuda@youdeserve.today or by phone +55 49 999573676 or via WhatsApp at +55 49 9177-5003.
Last update: 06/03/2025.
