User Agreement

Parties to the Agreement and Conditions of Entry into Force

1. This Agreement is entered into between the user (hereinafter referred to as "You") and DSS Sustainable Solutions Switzerland SA (hereinafter referred to as the "Operator"; Swiss Business Identification Number (UID): CHE-371.503.138; Registered Address: chemin du Pavillon 2, 1218 Le Grand-Saconnex, Switzerland).
2. Access to the dss+ 360 App (hereinafter referred to as the "APP") is restricted to users previously enabled through the Operator's web platform using credentials provided by the contracting organization. By completing your first login using such credentials, or by continuing to use the APP, you are deemed to have read, understood, and fully agreed to all terms of this Agreement and the Operator's Privacy Policy. This Agreement enters into force at that moment and is legally binding on both parties.
3. Use of the APP is restricted to individuals aged 18 and over. By accessing the APP, you declare that you meet the minimum age requirement and have the legal capacity to enter into this Agreement.

Content and Scope of Service

1. The services provided to You by the Operator through the APP include, but are not limited to: (i) data recording for risk safety control; (ii) goal tracking; and (iii) indication and recording of behavioral observations related to workplace safety. The features actually available may vary according to the scope contracted by the organization to which You are affiliated.
2. The APP is a corporate tool, available exclusively to pre-enabled users. There are no features for public registration, financial transactions, user interaction (chat, comments or reviews) or integration with third-party services.
3. The Operator has the right to adjust, evolve or discontinue features in accordance with product development and/or requirements of the contracting organization. Relevant changes will be communicated in advance via the APP itself, the web platform or the contracting organization. Continued use after notification will be deemed acceptance of the changes.

User Rights and Obligations

Rights

1. To legitimately use the features made available by the APP, in accordance with the scope of access granted by the contracting organization.
2. To receive reasonable technical support when using the APP, through the Operator's official support channels.
3. To exercise personal data protection rights provided under applicable law (such as the LGPD in Brazil and the GDPR in the European Union), including confirmation of processing, access, correction, anonymization, portability and deletion of personal data, as described in the Privacy Policy.

Obligations

1. To keep access credentials (login, password and other authentication elements) confidential and secure, not sharing, transferring, renting or assigning access to third parties. You are responsible for all activities carried out using your credentials.
2. To use the APP exclusively for its intended purposes and within the scope of your duties with the contracting organization.
3. To enter true, accurate and up-to-date data when recording risk safety information, goals or behavioral observations. The deliberate entry of false, distorted or incomplete information may compromise safety decisions and may result in liability for the User.
4. Not to use the APP for any illegal activity or in breach of this Agreement, including but not limited to: unauthorized access attempts, reverse engineering, exploitation of vulnerabilities, intentional overloading of systems, or any act that compromises the integrity, availability or confidentiality of the service.
5. To comply with the internal policies of the contracting organization applicable to use of the APP, including any information security and professional conduct standards.

Operator Rights and Obligations

Rights

1. To conduct compliance reviews of APP usage and adopt proportionate management measures in the event of violations (including but not limited to warnings, feature restrictions, suspension or revocation of access), notifying the contracting organization where applicable.
2. To collect and analyze aggregated, non-personally identifiable usage data (such as access volume, feature usage frequency and performance metrics) for continuous service improvement purposes, without associating them with personally identifiable information.
3. To comply with applicable laws and regulations, valid court or administrative orders, providing information strictly necessary to competent authorities.

Obligations

1. To endeavor to provide stable and secure services, in accordance with this Agreement and good market practices, except in circumstances of force majeure, scheduled maintenance or unavoidable technical failures.
2. To strictly comply with the Privacy Policy and applicable personal data protection laws, protecting the security of processed information and not disclosing, selling or sharing personal data with third parties except as provided by law or the Privacy Policy.
3. To make an official support channel available via email at privacy@consultdss.com and the website www.consultdss.com, responding to inquiries, requests and complaints within a reasonable timeframe.

Privacy Protection

1. The Operator collects and processes personal data only within the limits and purposes described in this Agreement and in the dss+ 360 App Privacy Policy, which is an integral and inseparable part of this Agreement.
2. The Operator will comply with the applicable data protection laws based on the jurisdiction in which the User and the contracting organization are located, including, as applicable, the Brazilian General Personal Data Protection Law (LGPD, Law No. 13,709/2018), the European General Data Protection Regulation (GDPR) and other applicable mandatory local regulations.
3. For the provision of services, the Operator may share strictly necessary personal data with contracted service providers (for example, cloud infrastructure providers and technical support), requiring such partners to comply with equivalent obligations of protection and confidentiality.

Intellectual Property and Data Ownership

1. The software copyrights, interface design, trademarks, logos, textual content, graphics, audio and other elements of the APP belong exclusively to the Operator (or its licensors) and are protected by applicable intellectual property laws.
2. You may not copy, modify, distribute, sublicense, commercialize or reverse-engineer any part of the APP without prior express authorization from the Operator, subject to applicable civil and criminal liability.
3. Data entered by You in the APP (including risk safety records, goals and behavioral observations) belongs to the contracting organization that entered into the relevant commercial agreement with the Operator. The processing of such data by the Operator will occur in accordance with the instructions of the contracting organization and the terms of the current commercial agreement, without prejudice to applicable legal obligations.
4. The Operator may use aggregated and anonymized data (without the possibility of identifying individuals or the contracting organization) for statistical, benchmarking and service improvement purposes.

Limitation of Liability

1. The Operator shall not be liable for service interruptions, data loss or other damages resulting from force majeure events (such as natural disasters, regulatory changes, telecommunications or power network outages), failures in third-party infrastructure services, or operational errors by the User, without prejudice to the Operator's efforts to mitigate the effects of such events.
2. The APP is a tool to support the recording and management of safety information. The Operator does not validate, audit or guarantee the accuracy, completeness or adequacy of data entered by Users. Safety, operational or managerial decisions made based on information recorded in the APP are the sole responsibility of the User and the contracting organization.
3. The Operator is not liable for consequences arising from improper use of the APP, in breach of this Agreement, the Privacy Policy or the instructions of the contracting organization.

Amendment and Termination of the Agreement

1. The Operator may amend this Agreement due to updates in laws and regulations, product evolution or contractual adjustments. Changes will be communicated in advance via the APP, the web platform or the contracting organization, and will take effect from the date indicated in the notice. If You do not agree with the changes, You should stop using the APP; continued use will be deemed acceptance of the new terms.
2. You may, at any time, request the deletion of your personal data and the termination of your access to the APP by completing the form available at mkt.consultdss.com/privacy-request. After the request is processed, and subject to retention requirements imposed by law or the legitimate needs of the contracting organization, your personal data will be deleted or anonymized, and access to the APP will be discontinued.
3. The Operator may unilaterally suspend or revoke access to the APP, with or without termination of this Agreement, in the following circumstances:
   • Serious breach of this Agreement by the User, without remedy within the reasonable period indicated in the notice;
   • Evidence of fraud, misuse of third-party credentials or attempted compromise of APP security;
   • Legal, regulatory or judicial determination;
   • Termination by the Operator of the services related to the APP;
   • Termination of the commercial agreement between the Operator and the contracting organization to which You are affiliated.

Dispute Resolution

1. This Agreement shall be governed and interpreted in accordance with the laws of the Swiss Confederation, where the Operator is headquartered, without prejudice to the application of mandatory personal data protection and consumer defense standards in force in the User's country of domicile.
2. Any disputes arising from this Agreement shall first be submitted to an attempt at amicable resolution between the parties. If no agreement is reached, the competent courts of Geneva, Switzerland shall have jurisdiction to resolve disputes, subject to the User's right, where required by mandatory local law, to bring proceedings before the courts of their domicile.

Miscellaneous Provisions

1. Matters not covered by this Agreement will be handled in accordance with negotiation between the parties and applicable law. In the event of any inconsistency between this Agreement and the dss+ 360 App Privacy Policy, the Privacy Policy shall prevail, as it forms an inseparable part of this Agreement.
2. The invalidity or unenforceability of any clause of this Agreement shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
3. Official contact channels of the Operator:
   • Email: privacy@consultdss.com
   • Website: www.consultdss.com
   • Privacy requests and account deletion: mkt.consultdss.com/privacy-request