Terms and Conditions

1. Acceptance of the Terms

By accessing and using Norkent ("the Platform"), owned by Thiago Silveira Machado, you agree to be bound by these Terms and Conditions ("Terms") and our Privacy Policy. If you do not agree with any part of these terms, you must not use our platform.

We reserve the right to modify these terms at any time. Changes will take effect immediately after their publication on the platform. Your continued use constitutes acceptance of the modified terms.

2. Service Description

Norkent is a SaaS (Software as a Service) platform designed for personnel attendance and shift management, allowing companies to:

• Create and manage employee profiles
• Define fixed or rotating shifts
• Control clock-ins and clock-outs through a dynamic QR system
• Record attendance manually when necessary
• Generate attendance reports and histories
• Manage schedules and exceptions

The platform is specifically designed for growing businesses.

3. Registration and Account

To use Norkent, you must create an account by registering as an administrator or person in charge of management. By registering, you agree to:

• Provide truthful, current and complete information
• Be over 18 years old and have the legal capacity to represent the company
• Keep the confidentiality of your credentials
• Be responsible for all activity on your account
• Immediately report any unauthorized use

We may suspend accounts containing false information or that violate these terms.

4. Administrator Responsibilities

As the account administrator, you are responsible for:

• Properly managing employee data
• Obtaining the authorizations necessary for the processing of personal data
• Informing employees about the attendance control system
• Ensuring employees use the system correctly
• Maintaining the security of access to the platform

Norkent acts as a data processor following the administrator's instructions, and the administrator is the controller of the data.

5. Personal Data and Privacy

Norkent processes employees' personal data according to the administrator's instructions and in accordance with our Privacy Policy.

The administrator agrees to:

• Collect the necessary consent from employees when required
• Provide adequate information about data processing
• Use the data solely for legitimate personnel management purposes
• Keep employee information up to date

We implement technical and organizational security measures to protect the data, but we cannot guarantee the absolute security of information transmitted through the Internet.

6. Intellectual Property

Norkent and all associated materials, including but not limited to software, design, text, graphics and logos, are the property of Thiago Silveira Machado or its licensors and are protected by intellectual property laws.

A limited, non-exclusive and non-transferable license is granted to access and use the service in accordance with these terms. This license does not grant the right to:

• Resell, sublicense or distribute the service
• Modify or create derivative works
• Use scraping or automated methods to extract data
• Reverse engineer, decompile or disassemble any part of the service

7. Fees and Payment

Norkent operates under a subscription model with different plans. The fees are specified on the pricing page and may be subject to changes with prior notice.

Subscription payment is made in advance and recurs according to the selected billing cycle (monthly/annual). Payments are non-refundable, except where applicable law requires otherwise.

Published prices are expressed in United States dollars (USD). Where applicable law requires the inclusion or collection of taxes, these will be disclosed during the checkout process or on the corresponding invoice.

We reserve the right to modify the fees with 30 days' advance notice. Failure to pay the subscription may result in the suspension or termination of the service.

8. Acceptable Use

By using Norkent, you agree to:

• Use the service only for lawful purposes
• Not interfere with or interrupt the security or operation of the service
• Not circumvent security or authentication measures
• Not access any part of the service through unauthorized means
• Not use the service to store or process illegal data
• Respect all intellectual property rights

Failure to comply with these rules may result in the immediate termination of your account.

9. Limitation of Liability

Norkent is provided "as is" and "as available", without warranties of any kind, whether express or implied.

To the maximum extent permitted by applicable law, we will not be liable for:

• Indirect, incidental or consequential damages
• Loss of data, profits or revenue
• Service interruptions not caused by gross negligence
• Decisions made based on information provided by the system
• Incorrect or improper use of the platform

Service Level (SLA): Norkent commits to maintaining a service availability of at least 99.5% per month, calculated on the total time of the month, excluding scheduled maintenance periods announced with reasonable notice. Temporary interruptions or brief outages that may occur during massive QR scanning peaks (for example, clock-in or clock-out times of shifts) are considered exceptional traffic events. In such cases, Norkent will take reasonable measures to restore the service as soon as possible and will make the corresponding failure logs available to the client.

In no event will unavailability caused by massive QR scanning peaks, scheduled maintenance, force majeure or causes beyond Norkent's reasonable control give rise to liability for damages or to any compensation other than a proportional credit for the downtime effectively proven, as set out in the contracted plan.

10. Termination

We may suspend or terminate your access to the platform if:

• You breach these terms or the associated policies
• You fail to make the subscription payments
• You use the service for illegal or fraudulent activities
• You create risk or possible legal exposure for us
• Your account remains inactive for an extended period

Users can request the closure of their account at any time by writing to info@norkent.com. When you close your account:

• Access will be disabled immediately
• We will retain the data as required by law
• The data may be deleted after the legal retention period

Cancellation protocol and grace period: once cancellation or account deletion is requested, a grace period of thirty (30) calendar days will be enabled during which the client may export their reports, attendance histories and other information stored on the platform, through the available export tools or by requesting it at info@norkent.com. Once the grace period has elapsed without the client having exported the information, the final deletion of the data will be carried out in accordance with the retention periods set out in the Privacy Policy and in the legislation in force.

11. Governing Law and Jurisdiction

These Terms and Conditions are governed by and interpreted in accordance with the laws of the Oriental Republic of Uruguay, including, without limitation, Law No. 18,331 on the Protection of Personal Data and Habeas Data Action and its implementing regulations (Decree 364/010, Decree 64/020 and resolutions of the Regulatory and Control Unit for Personal Data - URCDP), and other applicable rules of Uruguayan law.

Any controversy, claim or dispute arising out of or related to these Terms, the use of the Platform or the services provided through it shall be submitted to the competent courts of the city of Montevideo, Oriental Republic of Uruguay. The parties expressly submit to such jurisdiction, waiving any other venue or jurisdiction that may correspond to them.

Before resorting to judicial proceedings, the parties shall seek to resolve the dispute through direct good faith negotiation for a period of sixty (60) days from the formal notification of the dispute. If no agreement is reached within that period, the parties may bring the actions they deem appropriate before the competent courts of Montevideo.

For clients located outside the Oriental Republic of Uruguay, this governing law and jurisdiction regime shall equally apply, unless a mandatory public policy rule of the client's country of residence expressly provides otherwise, in which case such mandatory rule shall prevail to the extent it proves non-waivable.

12. Data Processing Agreement (DPA)

The following provisions govern the processing of personal data within the framework of the B2B relationship between Norkent and corporate clients, and constitute the Data Processing Agreement ("DPA") applicable to all plans and services. This annex is incorporated into these Terms and Conditions by reference.

Roles and responsibilities: When processing the personal data of employees and other data subjects that the corporate client enters or manages through the platform, the corporate client acts as Data Controller and Norkent acts as Data Processor, processing such data solely in accordance with the client's documented instructions and for the purposes of the service itself.

In such capacity, the corporate client agrees to: (i) have the databases duly registered with the Regulatory and Control Unit for Personal Data (URCDP) of the Oriental Republic of Uruguay, as applicable and in accordance with current regulations; (ii) adequately inform data subjects (employees and third parties) about the processing of their data; (iii) ensure that it holds the corresponding legal basis; and (iv) adopt the security measures required of its role as Controller.

Controller's instructions: Norkent shall process personal data in accordance with these Terms, the Privacy Policy and the client's documented instructions, and shall not process it for a different purpose or disclose it to third parties without the Controller's prior instruction, except where required by law. Norkent shall implement appropriate technical and organizational security measures and shall cooperate with the Controller in responding to data subject rights (access, rectification, erasure, etc.), as well as in complying with the requirements of Decree 64/020 and its complementary rules.

13. General Provisions

Assignability: We may transfer our rights and obligations under these terms to third parties in the event of a merger, acquisition or restructuring.

Severability: If any provision of these terms is declared invalid, the remaining provisions shall remain in full force and effect.

Waiver: Our failure to require compliance with any provision shall not constitute a waiver of that right.

Entire agreement: These terms constitute the entire agreement between the parties regarding the use of the platform and supersede any prior agreement.