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TARS TERMS OF SERVICE

Effective as of April 17, 2020

We updated the Terms of Service on December 4, 2023.

Thank you for using TARS products! The Terms of Service describe your rights and responsibilities as a customer of our TARS products. These terms are between you and the TARS entity that owns the products and services offered on this site.

"You" means the entity you represent when accepting the Terms, or if this does not apply, you personally. If you are accepting on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority to bind your employer to these Terms; (ii) you have read and understood these Terms; and (iii) you agree to these Terms on behalf of the party you represent. If you do not have the legal authority to represent your employer or applicable entity, please do not click "Agree and continue" (or similar button) presented to you.

PLEASE NOTE THAT IF YOU CREATE AN ACCOUNT USING YOUR EMPLOYER'S OR ANOTHER ENTITY'S EMAIL, THEN (A) YOU WILL BE CONSIDERED AS REPRESENTING THAT ENTITY, (B) YOUR ACCEPTANCE CLICK WILL BIND YOUR EMPLOYER OR ENTITY TO THESE TERMS, AND (C) THE TERM "YOU" IN THESE TERMS WILL REFER TO YOUR EMPLOYER OR ENTITY.

These terms are effective from the date you click "Agree and continue" (or similar button). These terms do not need to be physically or digitally signed to be accepted. You indicate your consent to these terms by clicking "Agree and continue" (or similar button) at the time of service activation.

These terms of service include the following sections:

  • The purpose of these Terms, which is the service we provide.
  • What you can expect from us, which is how we provide our services.
  • What we expect from you, which describes the rules set for using our services.
  • Intellectual property, which describes the rules regarding the intellectual property of our services.
  • Charges, renewals, and payment, which describes the rules regarding plans, renewals, payment, and others.
  • No Grooming, which describes the rules regarding relationships and non-solicitation between the parties.
  • Anticorruption, which describes details about the anticorruption law and the parties' awareness of it.
  • General Data Protection Law, which describes details about compliance with LGPD (Lei Geral de Proteção de Dados).
  • Confidentiality and Cybersecurity, which describes details about agreement regarding the confidentiality of information.
  • In case of issues or disagreements, which describes other legal rights you have and what to expect if these terms are violated.
Service Provider

The TARS services you contract on this site are provided by:

TARSTECH DEVELOPMENT OF TECHNOLOGIES LTD.
a legal entity under private law, registered with CNPJ/MF no. 33.116.822/0001-91

Ayrton Senna da Silva Avenue, No. 500, Rooms No. 06 and 07
Gleba Fazenda Palhano, Zip Code 86.050-460, Londrina, Paraná
Brazil

Your Relationship with TARS

These terms help define the relationship between you and TARS. In general, we allow you to use our services if you agree to follow these Terms. When we refer to "TARS," "we," "our," or "ours," we are referring to TARSTECH DEVELOPMENT OF TECHNOLOGIES LTD.

1. The Object of these Terms

The "Walled Garden Global" is a cybersecurity system that uses data mining and integrates with firewalls and routers for protection against cyber threats identified globally. For the protection and analysis of data, the Walled Garden Global uses Netflow Data Collection and also Blocking of Malicious IP Addresses.

Netflow Data Collection. To provide you with insights into your network and information about potential attacks blocked by our service, the Walled Garden collects Netflow data from your equipment.

  • Purpose of Collection. The collection is specifically for enhancing the effectiveness of the Walled Garden in detecting cyber threats and providing information security services. The types of data collected include traffic information, source and destination IP addresses, ports, protocols, and other details relevant to anomaly detection and threats.
  • Netflow Collection via VPN. If you are interested in routing Netflow traffic to the Walled Garden through a VPN, you must request it via the email address [email protected], subject to specific charges for this service.

Blocking of IP Addresses. The Walled Garden has the capability to assist in blocking IP addresses identified as malicious while a session is active.

  • Session. A "Session" refers to the connection established between two devices with BPG technology for the exchange of IP route information. Once the session is established, the Walled Garden sends a real-time list of malicious IPs to your equipment. Through settings on your equipment, you can automate the blocking of any attempted access from IPs communicated by the Walled Garden. Blocking occurs only if you configure it in your network.
  • Blocking by Classification. You have the option to choose which types of threats will be blocked on your equipment. The Walled Garden categorizes these threats, and when you choose a specific category, only IP addresses listed in that category are sent to your equipment via the session.
  • Entry and Exit of Blocks. The Walled Garden automatically identifies the entry of new addresses to the lists of malicious IP addresses and the exit of addresses no longer considered malicious by global authorities. Once your equipment has a session established with the Walled Garden, the quantity of addresses in the list you receive from the service will fluctuate with updates.
  • Cybersecurity Incidents. The Walled Garden is a service that provides essential information for you to protect your network and offers insights through Netflow data. Therefore, we are not responsible for any damages that may occur, whether to equipment or due to cybersecurity incidents on your network.
  • Origin of IP Addresses. The origin and identification of malicious IP addresses are the responsibility of TARS. You cannot provide us with new IP addresses for blocking or removal of IP addresses.
2. What You Can Expect from Us
  • 2.1. Access to the Products will be provided online through a URL, which may be modified with prior notice.
  • 2.2. The Products covered by the subject of these Terms are owned by TARS, which is the sole copyright holder.
  • 2.3. The Products will be provided electronically, without physical media, to ensure that you always have the most updated version.
  • 2.4. Acceptance of these Terms does not constitute a sale or assignment of copyright but rather a non-exclusive license, as per Article 9 of Law 9.609/1998 (Software Law), and may not be transferred to anyone without your prior, express, and specific consent.
  • 2.5. TARS undertakes to provide access to the SYSTEM covered by these Terms solely online, as well as to provide support services.
  • 2.6. We will keep your information or data strictly confidential, except in cases of judicial determination or contractual default, in which case, the registration information will be forwarded to credit protection agencies.
  • 2.7. We will take due care to safeguard and preserve any data provided by you, as well as to maintain the confidentiality of the information we may have access to from the moment of delivery or provision of the systems, which can only be used for the purposes of these Terms.
  • 2.8. We will provide technical support to you, or any other assistance or consultation regarding the software, from Monday to Friday, from 08:00 AM to 12:00 PM and from 02:00 PM to 06:00 PM (Brasília time).
  • 2.9. All facilities used to store and process your data will meet reasonable security standards no less secure than the security standards of the facilities where TARS stores and processes its own information of this kind. As part of the provision of the Services, TARS may transfer, store, and process your Data in the national territory. By using the Services, you consent to the transfer, processing, and storage of your Data.
  • 2.10. TARS may make new applications, features, or functionalities of the Services available periodically, the use of which may be subject to your acceptance of additional terms.
  • 2.11. TARS may make commercially reasonable changes to the Services periodically. If there is a relevant change to the Core Services, we will inform you by sending an email to the Notification Email Address.
  • 2.12. We at TARS are not obligated to maintain exclusivity regarding the software or support services with you or the entity you represent throughout the national territory, meaning there are no restrictions by Municipality, State, or Region.
3. What We Expect from You
  • 3.1. You must ensure that all uses of the Services comply with these Terms; therefore, read the Terms described on this page carefully. The permission we grant you to use our services will remain as long as you fulfill your responsibilities defined in these Terms.
  • 3.2. You must commit and be responsible for providing, correctly and as soon as possible, any information, personal, credit card, and legal data for registration requested by TARS, regardless of notification, assuming responsibility for your omission or incorrect, irregular, inaccurate, and mistaken information.
  • 3.3. TARS reserves the right to retain data provided by the contractor for the creation of the user account, purchase, and service configurations, for the proper execution of these Terms.
  • 3.4. You and the designated users must not access the programming areas of the Products, their databases, or any set of information related to programming activities, subject to the Brazilian criminal legislation, and are obliged to compensate for any damages caused.
  • 3.5. Similarly, you and the designated users commit not to perform or allow reverse engineering, nor translate, decompile, copy, modify, reproduce, rent, sublicense, publish, disclose, transmit, lend, distribute, or otherwise dispose of the tools and functionalities of the Products.
  • 3.6. You must commit to providing the appropriate means for the deployment and use of the Products, such as hardware, network, trained personnel, and others that may be necessary and requested by TARS.
  • 3.7. You are entirely responsible for collecting all taxes and charges due in the provision of the contracted services, releasing TARS from any civil, criminal, fiscal, and tax responsibilities, among others.
  • 3.8. You must commit to providing all information requested by us, at the risk of us, at its sole discretion, interrupting the services and/or terminating this Agreement.
  • 3.9. You and the respective users linked to your main account assume full responsibility for the custody, confidentiality, and proper use of the login and passwords registered, releasing TARS from any responsibility.
  • 3.10. The login and password can only be used by the registered user to whom they refer; sharing the login and/or password with any third party is expressly prohibited.
  • 3.11. You may specify, through the Admin console, one or more administrators who will have rights to access the Administrator Accounts and manage the End User Accounts. You are also responsible for: (a) maintaining the confidentiality of the password and Administrator Accounts; (b) designating individuals authorized to access the Administrator Accounts, and (c) ensuring that all activities related to the Administrator Accounts comply with the Agreement.
  • 3.12. You will make commercially reasonable efforts to prevent unauthorized use of the Services and terminate any unauthorized use. You agree to notify TARS immediately of any use of the Services or unauthorized access of which you become aware.
4. Intellectual Property
  • 4.1. You will be aware that the intellectual property of the Products is exclusive to TARS. You agree not to reproduce, distribute, or modify the Products without express authorization from TARS, under penalty of infringement of the Intellectual Property Law (Law No. 9,279/1996 and Law No. 9,296/1996).
5. Charges, Renewals, and Payment
  • 5.1. Monthly and Annual Plans: All products are offered on a monthly or annual subscription plan.
  • 5.2. Renewals: Unless specified otherwise in your Order, unless either party cancels your subscription before the end of the current Subscription Term, your subscription will automatically renew for another Subscription Term equal to your initial Subscription Term. You will provide any non-renewal notice by the means we designate, which may include account settings in the Products or contacting our support team. Canceling your subscription means you will not be charged for the next billing cycle, but you will not receive any refund or credit for amounts already charged. All renewals are subject to the continued availability of the applicable Product and will be billed according to the then-current rates.
  • 5.3. Add Users: You can add users, increase storage limits, or otherwise increase Product usage by placing a new Order or modifying an existing Order. Unless specified otherwise in the applicable Order, we will charge you for any increase in usage according to our then-current rates, prorated for the remaining then-current Subscription Term.
  • 5.4. Payment: You will pay all fees according to each Order, on the due dates, and in the currency specified in the Order.
  • 5.5. The services covered by these Terms will be provided remotely. In the event of a request for on-site procedures by you, you will be responsible for the costs of transportation, food, and accommodation for the TARS team.
6. Non-Solicitation
  • 6.1. During the term of the contractual relationship between the Parties and for a period of 24 (twenty-four) months after the expiration of this contract, both parties (directly or through affiliates, related parties, or any third parties) shall not in any way: (i) approach any executive or service provider hired by the other party and/or any of its Affiliates or any administrator, client, or supplier of the other party or any of its Affiliates with the purpose of inducing them to cease contracting with the other party or any of its Affiliates, and shall not employ any employee who has left the other party or any of its Affiliates within the last 6 (six) months; and (ii) solicit, induce, or encourage, directly or indirectly, any supplier, service provider, or customer of the other party or any of its Affiliates to terminate their relationship with the other party ("Non-Solicitation Obligation").
  • 6.2. In the event that either party, directly or indirectly, fails to comply with its obligations under this clause, it shall bear any losses and damages caused to the other party.
  • 6.3. Without prejudice to the above, in the case of a breach of the obligations under this clause, the aggrieved party may request the specific performance of the provisions of this clause.
7. Anti-corruption
  • 7.1. The Parties hereby declare that they are aware, familiar with, and understand the legal norms of Brazilian anti-corruption, including, but not limited to, Decree No. 11,129/2022 and Law 12,846/2013, committing to refrain from any activity that constitutes a violation of the provisions of these rules.
  • 7.2. The Parties, on behalf of themselves and their Representatives, undertake to conduct their business practices, during the execution of the object of this instrument, ethically and in accordance with applicable legal principles.
  • 7.3. In the execution of this instrument, neither Party nor any of its shareholders/members/partners, directors, administrators, employees, and agents acting on its behalf, shall give, offer, pay, promise to pay, or authorize the payment of, directly or indirectly, any money or anything of value to any governmental authority, with the purpose of influencing any act or decision of the agent or government, or to secure any undue advantage, or to direct business to any person, in violation of the provisions of the aforementioned Decree No. 11,129/2022 and Law No. 12,846/13.
  • 7.4. You declare that, directly or indirectly, you have not provided, paid, or authorized payment, nor agreed to give gifts or any valuable item to any person or entity, public or private, with the aim of benefiting yourself or the CONTRACTING PARTY illicitly, and undertake not to do so during the entire duration of this contract.
  • 7.5. You declare, by free manifestation, not to be involved, directly or indirectly, through any of your shareholders/members/partners, directors, administrators, employees, and agents or related parties, in any activity or practice that constitutes an administrative offense under the terms of the Anti-Corruption Law.
  • 7.6. The Parties undertake not to contract with employees or establish any form of professional relationship with individuals or legal entities involved in criminal activities, especially those investigated for offenses under anti-corruption and money laundering laws.
  • 7.7. You undertake to notify TARS immediately in writing about any suspicion or violation of current legislation, as well as in cases where you become aware of any bribery or corruption practices.
  • 7.8. Non-compliance with anti-corruption legal norms and the provisions of this Contract shall be considered a serious offense and may result in the termination of the contractual instrument by TARS, without any cost or penalty. You may also be held accountable for any losses and damages.
8. General Data Protection Law
  • 8.1. The Parties declare explicit awareness that they will comply with all laws and regulations applicable to data privacy and information security, in accordance with the General Data Protection Law (Law No. 13,709/2018).
  • 8.2. You declare your agreement with TARS' Privacy and Security Policy to ensure compliance with applicable regulations.
  • 8.3. You commit to:
    • 8.3.1. Comply with the General Data Protection Law (LGPD) and respect the principles it brings.
    • 8.3.2. Use technical and administrative measures capable of protecting personal data from unauthorized access.
    • 8.3.3. Adopt measures to prevent damage due to the processing of personal data.
    • 8.3.4. Limit processing to the minimum necessary for the achievement of its purposes, with the scope of relevant, proportional, and not excessive data in relation to the purposes of data processing.
    • 8.3.5. Ensure the compatibility of processing with the purposes informed in this contract, according to the context of processing, with no possibility of subsequent processing incompatible with these purposes.
    • 8.3.6. Guarantee, to data subjects, easy and free access to clear, accurate, and easily accessible information about the processing and the respective data processing agents, respecting the commercial secrets of the CONTRACTOR.
    • 8.3.7. Ensure that personal data is not processed for unlawful or abusive discriminatory purposes.
    • 8.3.8. Ensure that your employees, representatives, and agents act in accordance with the Contract, data protection laws, and transmitted instructions.
    • 8.3.9. Ensure that individuals authorized to process Personal Data commit to confidentiality or are subject to adequate legal confidentiality obligations.
    • 8.3.10. Assist TARS in responding to data subject requests, including requests for access, rectification, blocking, restriction, erasure, data portability, or the exercise of any other data subject rights based on Applicable Data Protection Laws.
    • 8.3.11. In the event of a Personal Data breach, TARS will notify you in writing of the Personal Data breach within 36 (thirty-six) hours from the moment it became aware of the breach. The information provided by TARS will include:
      • i. Description of the nature of the Personal Data breach and information about the involved data subjects;
      • ii. Indication of the technical and security measures used for data protection, respecting commercial and industrial secrets;
      • iii. Risks related to the incident;
      • iv. Measures that have been or will be taken to reverse or mitigate the effects of the damage.
    • 8.3.12. TARS will not be responsible for or compensate for any pecuniary, moral, individual, or collective damage caused to others due to a violation of personal data protection legislation, when the damage results from the exclusive fault of the data subject or third parties.
  • 8.4. For the correct provision of the contracted services, as provided in §3 of article 8 of LGPD, TARS declares that it is necessary to collect data essential to the execution of the services and the functioning of communication with you. Given that the service covered by these Terms is generally provided remotely, it is essential that you indicate responsible person(s) for restricted and relevant communication for the execution of the Service and Products, and provide data such as name, email, contact phones, among others that may be necessary for the effective provision of services.
  • 8.5. You declare that you have the free, express, and unequivocal consent of the individuals indicated in item 8.1 above for the processing of personal data and sharing with TARS of these specific data and specifically for the execution of these Terms.
  • 8.6. TARS also declares that at the time of contracting the service covered by these Terms, it will collect personal data of the legal representative(s) of the entity or person for which you are responsible, namely, full name, ID, CPF, address, for the execution of these Terms in case of any defaults, and in the event of a legal obligation, determination by a competent authority, or judicial decision.
  • 8.7. You declare that you have the free, express, and unequivocal consent of the legal representative(s) indicated by you in item 8.2 above, for the processing of personal data and sharing with TARS of these specific data and specifically for the execution of these Terms.
  • 8.8. TARS declares that, due to the legitimate interest in improving service quality, ease, and speed of service and execution of these, it may disclose Personal Data collected to third parties, in the following situations and within the limits required and authorized by law:
    • I. With its partners when necessary and/or appropriate to the provision of related services;
    • II. With companies and individuals hired to perform certain activities and services on behalf of TARS;
    • III. With group companies to support and promote TARS activities;
    • IV. With suppliers and partners to fulfill services contracted with TARS (such as information technology, accounting, among others);
    • V. For administrative purposes such as research, planning, service development, security, and risk management.
    • VI. When necessary due to legal obligation, determination by a competent authority, or judicial decision.

SOLE PARAGRAPH: In cases of Personal Data sharing with third parties, all subjects mentioned in items I to VI must use the shared Personal Data consistently and in accordance with the purposes for which they were collected and in accordance with applicable privacy and data protection laws.

  • 8.9. You declare that you have the free, express, and unequivocal consent of the individual(s) indicated by you, for the processing of personal data, sharing with TARS, and with third parties in compliance with §5 of article 7 of LGPD.
  • 8.10. All Personal Data will be stored in TARS' database or in databases maintained "in the cloud" by service providers hired by TARS, which are duly in accordance with current data legislation.
  • 8.11. Rights of data subjects and/or obligations of the CONTRACTOR:
    • 8.11.1. Data subjects indicated by you to TARS in accordance with items 8.1 and 8.2 of these Terms have the ownership of their personal data and are guaranteed the fundamental rights of freedom, intimacy, and privacy, under the General Data Protection Law.
    • 8.11.2. You undertake to inform TARS immediately of the correction, elimination, anonymization, or blocking of data so that TARS can repeat the same procedure, except in cases where this communication is proven to be impossible or implies a disproportionate effort.
    • 8.11.3. The data subject has the right to easy access to information about the processing of their data, which must be provided by TARS if the request is directed to it, in a clear, adequate, and ostensive manner, regarding, among other characteristics provided in regulations for compliance with the principle of free access:
      • I. Specific purpose of processing;
      • II. Form and duration of processing, respecting commercial and industrial secrets;
      • III. Identification of the controller;
      • IV. Contact information of the controller;
      • V. Information about data sharing by the controller and the purpose;
      • VI. Responsibilities of the agents who will carry out the processing; and
      • VII. Rights of the data subject.
    • 8.11.4. It is the obligation of the entity defined by "you" in these Terms to clearly, adequately, and ostensively inform data subjects indicated to TARS of the transfer of personal data to TARS and its respective purpose.
    • 8.11.5. The consent obtained by you from data subjects indicated to TARS may be revoked at any time by the express manifestation of the data subject, by free and facilitated procedure, with the treatments performed under the previous consent remaining in effect until there is a request for deletion, in which case you must immediately inform TARS so that it ceases the data processing, and in case of a deletion request, it can delete the said data.
9. Confidentiality and Cybersecurity
  • 9.1. The Parties expressly agree to maintain all confidential information obtained during the use of TARS' Products and Services, not to disclose such information to third parties without prior written consent.
  • 9.2. Confidential information includes any data and information disclosed before or after accepting these Terms, such as proprietary and/or confidential assets, information, topologies, users, access passwords, plans, processes, operations, personnel, properties, products, and services.
  • 9.3. In case of doubt regarding the confidentiality of certain information, TARS shall treat it as confidential until authorized in writing by you to treat it differently. Silence on the part of the entity defined by "you" shall not be construed as a release from the obligation to maintain the confidentiality of the information.
  • 9.4. Information or materials already available to the public in any way other than through disclosure by you are excluded from the provisions of this Clause.
  • 9.5. You are obliged to be aware of and observe the Cybersecurity Policy available on the TARS website in these terms.
  • 9.6. TARS agrees that the information to which it has access will be used only in the processes involved in the execution of the object of these Terms.
  • 9.7. TARS will instruct all its representatives - including directors, administrators, partners, employees, representatives, agents, collaborators, and service providers at any title (including consultants and advisers) involved directly or indirectly with the provision of services - to comply with these Terms, adopting all precautions and measures to effectively observe the obligations arising from this instrument.
  • 9.8. If TARS is required, due to a judicial or tax authority subpoena, to disclose any information, it will notify you immediately in writing about the subpoena, allowing you to choose between taking the appropriate measure against the court or administrative order or consenting in writing to such disclosure.
  • 9.9. TARS undertakes to immediately inform you of any violation of the confidentiality rules established herein that has occurred through its action or omission, regardless of the existence of intent, as well as its employees, representatives, and service providers.
  • 9.10. Non-compliance with any of the clauses of the Terms will result in civil and criminal liability for those proven to be involved in the non-compliance or violation.
  • 9.11. The PARTIES undertake to take the necessary security measures, minimizing risks that may cause damage or danger to the reliability, integrity, availability, security, and confidentiality of the data and information systems used by the parties.
  • 9.12. The PARTIES must adopt procedures and controls aimed at preventing and treating incidents, considering the characteristics of the service to be provided and the levels of complexity, scope, and accuracy.
  • 9.13. If necessary, the PARTIES must inspect each other's procedures, and once possible incidents are identified, controls for the prevention and treatment of incidents that have already occurred must be analyzed. Other procedures and controls for preventing and treating incidents should be established to fill possible gaps related to the prevention, detection, and reduction of vulnerability to incidents related to the cyber environment.
  • 9.14. Incidents must be assessed for relevance before treatment. The parameters used to assess the relevance of incidents should consider the frequency and impact of incident scenarios that may cause damage or danger to the reliability, integrity, availability, security, and confidentiality of the data and information systems used and that have or may have the capacity to cause interruption in the business processes of the institution.
10. In case of problems or disagreements
  • 10.1. TARS reserves the right to suspend or terminate your access to services or delete your One Account if any of the following situations occur:
    • a. You violate these Terms.
    • b. If we need to do so to comply with a legal requirement or court order.
    • c. If we have reasonable grounds to believe that your conduct causes harm or liability to a user, third parties, or TARS, for example, through hacking, deceiving others, or copying content that does not belong to you.
  • 10.2. In case of non-compliance with your obligations, you shall be responsible for the damages resulting from the permanent and irreparable damage to the database when it occurs due to your own responsibility.

11. About these terms

  • 11.1. By law, you have certain rights that cannot be limited by a contract like these Terms of Service. These terms do not intend to restrict these rights in any way.
  • 11.2. These terms describe the relationship between you and TARS. They do not generate any legal rights for other individuals or organizations, even if they benefit from this relationship under these terms.
  • 11.3. If you do not follow these terms or the specific terms of the service, and we do not take immediate action, it does not mean that we are waiving any rights we may have, such as taking future action.
  • 11.4. We may update these terms to reflect changes in our services, such as adding new services, features, technologies, prices, or benefits (or removing old ones), (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm.
  • 11.5. If we make significant changes to these terms, we will provide reasonable advance notice and give you the opportunity to review the changes, except (1) when launching a new service or feature or (2) in urgent situations, such as to prevent current abuse or respond to legal requirements. If you do not agree with the new Terms, you must remove your content and stop using the services. You can also terminate your relationship with us at any time by closing your TARS Product Account.
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