Terms of use

GLIMPSY is made up of people, so we count on your contribution to make our community even stronger!

GLIMPSY is made up of people, so we count on your contribution to make our community even stronger!


We want to promote a diverse and positive community. If you believe you have seen any content that may violate our guidelines, please let us know at hello@theglimpsy.com .

 

Your privacy is very important to GLIMPSY, so your data will never be sold or used without your consent. If someone used your personal information without your permission, request that the content be removed.

 

Be careful with impersonation, accounts created to impersonate someone else can be removed.


Stick to the rules of the human world. Remember to be alert at all times and be aware of your surroundings. Please do not invade in any way, or try to enter a property where you have no right to be.

 

Abusive content is not appropriate. If harassment becomes a malicious attack, the content can be reported and removed. In other cases where users are just being annoying, we recommend ignoring them.


For GLIMPSY, living together in harmony is very important, therefore, attitudes that involve any type of threat (predatory behavior, harassment, threats, harassment, intimidation, disclosure of third party personal information, incitement of violent acts or violations of the Terms of Use) are taken very seriously! Anyone in one of these situations can be permanently banned from our community.

GLIMPSY General Terms and Conditions of Use

The Terms of Use set out the rules for using our products, services, technology, software and applications (“Products and Services”), which are intended to keep our community safe, diverse, responsible and fun for everyone.

 

GLIMPSY is an online platform for virtual communication services, accessible through a mobile device application, owned by WinWin Mídia e Tecnologia SA ("GLIMPSY" or "Platform").


GLIMPSY allows users ("Users") a new form of interaction in Augmented Reality ("AR"), through the creation of glimps in virtual spaces, to display their own content.


The User can create and customize avatars, their animation, content and text messages, which together we call glimp, and it only exists in RA.

The glimp can be anchored in the geolocation of your creation or sent as a message to one or more Users. If it is anchored, its viewing is public to any other User who is physically close to the place of creation.

In any case, the User can interact with Glimp, either through comments, likes, forwarding or reply. It is also allowed to record this interaction in photo and video.


All glimps are the exclusive property of GLIMPSY, and we reserve the right to use them for any purpose, including to promote our Products and Services.

 

We send push notifications as part of the normal functioning and social dynamics of the Platform. You can disable these notifications in the application settings.

Acceptance and Changes to the Terms

By using the GLIMPSY platform, you automatically agree to these Terms and our Privacy Policy. If you do not agree with the content of any of the mentioned documents, we request that You do not use the Platform and delete your account.


We are constantly working to improve our Products and Services and develop new features, and because of that, we will be able to update and change these Terms at any time, by publishing a new version on the Platform. It is important that you review the Terms whenever they change, because if You continue to use GLIMPSY, you will be expressing your agreement with the new version of the regulation.


Considering that the GLIMPSY platform is innovative and is constantly evolving, we can change or discontinue it, in whole or in part, at any time, without prior notification.

Eligibility and Account Creation

To use our Products and Services, You must have the legal capacity to contract them. The Platform cannot use those who:
(i) do not have legal capacity;
(ii) are under the age of 13 or are below the minimum legal age in their country to use it;
(iii) have your Account suspended or previously disabled for violations of our Terms;
(iv) are prohibited under applicable laws.

 

To use GLIMPSY, you will need to create an account (“Account”), by completing a registration form and providing a valid email and telephone number. The Account can be created by manually entering your data or by sharing your profile on Facebook. Your Account will be created with
based on the data you make available.


It is your obligation to provide correct and updated data. This requirement is intended to create a safe environment in which people can trust and take responsibility for their actions.


You are responsible for all information provided and all activities related to your Account, so it is very important that You keep your account secure. You agree that you will not share your login and password, give access to your Account to third parties, and will notify us immediately of any unauthorized use of your Account. If inaccuracies or false data are detected, we may suspend or close your Account.


By using our Products and Services, You agree that, in addition to acting with common sense, You:
(i) You will not create more than one account for yourself;
(ii) You will not create an account in the name of a third person or represent someone else in a confused or misleading manner;
(iii) You will not create a new account if we have already suspended or disabled your account, unless you receive our prior written consent to do so;
(iv) You will not buy, sell, rent or grant access to your account without our prior written consent.

Interacting Safely

The interaction with GLIMPSY involves moving around cities and using devices connected to the internet, equipped with cameras. While using the Platform, whether creating or interacting with glimps, please be aware of your surroundings and move safely. Do not use the application when driving, or when using it may cause distraction or disorientation in real life situations, preventing You from complying with traffic laws or safety recommendations.


You agree that you are participating in GLIMPSY at your own risk and have a responsibility to remain safe when using our Products and Services.

Data Rates and Mobile Phones

You will be responsible for any charges for mobile cellular services that you may incur when using our Products and Services, including those related to text messages and / or data charges. If You are not sure what these rates are, ask your mobile service provider any questions before using our Products and Services.

Prohibited Practices

Users agree that they will not be able to practice or share the following acts:

 

(i) defame, assault, harm or injure GLIMPSY or other Users;
(ii) infringe or violate the rights of others;
(iii) disrespect the current national legislation;
(iv) use a robot, spider, crawler, scraper or other automated means or interfaces to access our Products and Services or extract information about other users or attempt to access data that You are not permitted to access;
(v) circumvent or attempt to circumvent, in any way, the system, mechanism and / or the Platform, including by using resources that simulate the user's GPS location;
(vi) reverse engineer or attempt to extract the source code of the software contained therein, unless such prohibitions are prohibited by law, or You have our prior written consent to do so;
(vii) copy, modify, distribute, sell or rent any part of our Products and Services;
(viii) probe, examine or test the vulnerability of our Products and Services or any system and / or network;
(ix) uploading viruses or malicious code, or doing anything that could disable, overburden
or affect the proper functioning or appearance of our Products and Services;
(x) breach any provision of these Terms and / or our Privacy Policy.

 

You are responsible for all material that you insert into the Platform, so please know that it is
the use of content that:

 

(i) constitutes discrimination based on race, ethnicity, nationality, sex, gender, religion, age, disability or illness;
(ii) is offensive, threatening, constitutes bullying, harassment and / or intimidation;
(iii) contains pornography or depictions of misconduct and sexual activity, which includes obscenity or nudity, or sexual exploitation of children and adults;
(iv) is illegal, discriminatory, vexing, defamatory, fraudulent or considered an inappropriate activity, behavior or conduct;
(v) approve, tolerate or facilitate the use of illegal or regulated products and services, alcohol abuse or narcotics addiction;
(vi) is related to violence, its incitement or glorification, threats, hate speech,
criminal activities, terrorism;
(vii) promoting or encouraging suicide or self-harm;
(viii) is cruel and / or insensitive to people and animals;

(ix) contains any information that violates or infringes the rights of third parties or any applicable laws or regulations or that are protected by copyright, trademark, or intellectual property;
(x) disclose private information, such as financial data, off-list addresses or telephone and CPF / RG numbers;
(xi) degrade the application and / or our Products and Services, as determined by GLIMPSY in its sole discretion.

 

Such materials will be immediately removed or access will be restricted, without prior notification, at GLIMPSY's sole discretion, and may result in the cancellation or suspension of the Account and the User.


You agree that, in using the Platform, You will not engage in any activity that may result in injury or damage of any kind. In summary: You will not be able to use our Products and Services in an unauthorized manner in these Terms. You will also not be able to help, facilitate, or support other people to do so.


GLIMPSY will not be responsible for any damages and / or losses that Users may suffer or cause due to their conduct during the use of the Platform.

Platform Obligations
We are committed to: d making available and maintaining the Platform for use by Users. We emphasize, however, that we will not be responsible for interruptions, delays or imperfections that may occur or for any consequences that may cause the User. The unavailability of the Platform will not give rise to any indemnity;

Ensure that all Users registered on the Platform have agreed to all
conditions, rights and obligations established by us for the security and good use of the Platform, upon express agreement with these Terms and Conditions of Use of GLIMPSY and our Privacy Policy;


Provide a customer service channel ( hello@theglimpsy.com ) to try to resolve, whenever possible, any doubts that Users have, as well as to receive comments, suggestions or complaints about the Platform.

Limits of Liability
GLIMPSY supplies its Products and Services "as is". We cannot guarantee that they will always be error free. To the extent permitted by law, we DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.


Our liability for any occurrence in our Products and Services will be limited to the extent permitted by law. If there is a problem with our Products and Services, we cannot predict all the impacts arising from it. You agree that GLIMPSY is not responsible for any loss of profits, revenues, information or data, or for any eventual, special, indirect, exemplary, punitive or incidental damages arising out of or relating to these Terms, even though we know that they are possible. This applies even if we delete your content, information or account.

 

GLIMPSY does not have the power to control or guide what Users and third parties do and, therefore, is not responsible for their conduct or any content they share. You are also not responsible for the services and resources offered by other people or companies, even if You access them through our Platform or our Products and Services.

Data Storage and Confidentiality
GLIMPSY is obliged to act in accordance with current legislation, in particular Law No. 12,965, of April 23, 2014 (Marco Civil da Internet) and its decrees, in the collection, storage, transmission and / or availability and processing of data .


For more information on this topic, please read our Privacy Policy.

Intellectual Property and Licenses
Upon compliance with these Terms, You will receive a limited, non-exclusive, non-transferable license to download and install a copy of our App on a mobile device and run it.


Except as expressly permitted in these Terms, and under penalty of adopting applicable legal measures, in addition to points (iv) to (viii) of the Prohibited Practices item, You may not:
(i) copy, modify or create derivative works based on the Application;
(ii) distribute, transfer, sublicense, lease, loan or rent the Application to third parties;
(iii) reverse engineer, decompile or disassemble the Application; or
(iv) make the functionality of the Application available to multiple users by any means.

GLIMPSY reserves exclusively for itself all rights to the application not expressly granted under these Terms, as well as the right to take appropriate legal measures to protect your rights.


Although GLIMPSY is not obliged to monitor access to or use of the Platform, it has the right to do so for operational purposes, to ensure compliance with these Terms and to comply with the legislation or other applicable legal requirements.


GLIMPSY reserves the right to remove or disable access to any aspect of the
Platform at any time and without notice. GLIMPSY may investigate violations of these Terms or any potentially harmful or violating conduct. GLIMPSY can consult and cooperate with authorities if any legal violation is found.

Termination

These Terms are effective for an indefinite period. You can terminate these Terms at any time by closing your Account.


GLIMPSY may also cancel, suspend or close your Account and your access to glimps at its sole discretion and without prior notice, including if:
(i) your Account has been inactive (not used or accessed) for 1 (one) year;
(ii) You violate any of your obligations under these Terms, or the
Privacy;
(iii) You violate any applicable and applicable laws, rules, regulations or third party rights;
(iv) signs of fraud or misuse of the Platform are detected;
(v) we suspect any other illegal activity associated with your Account;
(vi) we consider that such action is necessary to guarantee the safety of users, third parties and the platform itself.


You agree to indemnify and hold GLIMPSY and its partners, directors, officers, shareholders, employees, licensors and agents exempt from liability for any and all claims, charges, losses, liabilities and expenses (including attorney's fees) arising out of or related to: ( i) the use of the Platform; (ii) your access to or inability to access the Products and Services (iii) non-compliance or violation of any provision of these Terms or current legislation; or (iv) violation of third party rights.


You acknowledge that GLIMPSY is not obliged to make any refund and You will not receive any money or other consideration when your Account is terminated, for any reason.

Dispute Resolution
These Terms will be governed and interpreted exclusively in accordance with the laws of Brazil.


Any claim, conflict or controversy that arises from these Terms or from your relationship with GLIMPSY, including those regarding their validity, interpretation or enforceability, will be resolved exclusively by the jurisdiction of the district of the capital of the State of São Paulo.


Before initiating a judicial process, the parties undertake to try to seek a solution through Mediation, based on the principle of good faith, before resorting to other judicial or extrajudicial means for resolving disputes.

General Provisions

You may not assign or transfer any rights or obligations under these Terms to any third party, in whole or in part, without prior written approval from GLIMPSY.


You grant your approval for GLIMPSY to freely assign and transfer these Terms in whole or in part, including: (i) to a subsidiary or affiliate; (ii) an acquirer of GLIMPSY's shareholdings, businesses or assets; (iii) for a successor due to any corporate transaction; or (iv) under the law.


There is no joint venture, partnership or representation relationship between the User, GLIMPSY or any users of the Platform, as a result of these Terms and use of the functionality of the GLIMPSY platform.

The use of the Platform does not establish any employment relationship between Users,
Advertisers and GLIMPSY.

 

If any provision of these Terms is considered to be illegal, invalid or totally or partially unenforceable by any legislation, that provision or part of it will, to that extent, be considered as non-existent for the purposes of these Terms, but the legality, validity and enforceability of the others provisions contained in these Terms will not be affected.


If Users have any questions, comments, suggestions or complaints about the
Platform, you can contact us by email hello@theglimpsy.com . We love to hear from you! But if You volunteer to provide comments and / or suggestions about our Products and Services, please be aware that we can use them without any restriction or obligation to provide you with any type of remuneration, in addition to not having the duty to keep them under confidentiality.


We reserve all rights not expressly granted to You.

 

These Terms constitute the entire agreement and understanding of the parties on this
and replace and prevail over all previous understandings and commitments on this subject.

         

Welcome to GLIMPSY!