Terms of Use
Last updated: August 2024
These Terms of Use provide the conditions and rules for you, User, to visit our page, register, and enjoy the services offered. Therefore, we kindly ask you to read this document carefully, as these terms will regulate our relationship with you and explain how our Platform works and how we offer Services to Users.
ABOUT SINKY
The Sinky is an online platform accessible via the URL https://besinky.com/ (“Platform”), developed and made available by Sinky Inc Ltda, registered under CNPJ No. 52.472.052/0001-64, located at Rua Cardeal Arcoverde, No. 2365, Suite: 33 - Part, Pinheiros neighborhood, in the City of São Paulo, State of São Paulo, ZIP Code 05407-003 (“Sinky”, “we” or “our”).
The Platform (i) provides a tool for users (generically referred to as “Users”, “you” or “your”) so that Users can perform real-time queries for information contained in various public and private databases available, as chosen by the User; and (ii) mediates the relationship between the User and Gestora de Inteligência de Crédito S.A., the credit report issuer (“Services”).
Some specific features provided by Sinky depend on prior registration on the Platform.
In these Terms of Use, we explain how our Platform works and how we offer Services to Users. Please note that for the use of some Services and certain features of the Platform, it is necessary for Sinky to have access to certain information about Users and Visitors, and we explain in detail what type of information we collect and for what purposes in our Privacy Policy (“Privacy Policy”).
Both the use of any feature of the Platform and registration may only be carried out after reading, understanding, and accepting these Terms of Use.
THE ACCEPTANCE OF TERMS OF USE AND THE PRIVACY POLICY WILL IMPLY THAT YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND UNCONDITIONALLY AGREED TO ALL OF THE PROVISIONS CONTAINED IN THESE TERMS OF USE AND THE OTHER TERMS AND CONDITIONS MENTIONED HERE. IF YOU HAVE ANY QUESTIONS, YOU MUST CONTACT SINKY THROUGH OUR SUPPORT CHANNEL INDICATED IN THIS DOCUMENT BEFORE ACCEPTING THESE TERMS OF USE.
WARNING! IF YOU (USER OR NAVIGATOR) DO NOT AGREE WITH ALL THE TERMS THAT FOLLOW, YOU WILL NOT BE ABLE TO ACCESS OR USE THE PLATFORM AND ITS SERVICES IN ANY WAY.
1. INTRODUCTION
1.1. By signing up and/or using the Services and Features provided through the Platform, you declare that you are at least 18 (eighteen) years old and commit to reading and understanding the full content of the Terms of Use and, if you agree with the stipulated conditions, express your free, clear, and unequivocal acceptance - which may be canceled by the User by contacting our Support Center or directly through the Platform. Therefore, by accepting the Terms of Use, the provisions contained therein will apply and will fully govern the relationship between you and Sinky.
1.2. By canceling your account, you acknowledge that you must suspend access to our Services.
1.3. Sinky commits to, as soon as it receives the User's cancellation request, delete your personal data, unless the storage is necessary for the fulfillment of legal or regulatory obligations or for the exercise of Sinky's rights in judicial, arbitration, or administrative proceedings, or when permitted by law. In the event of an inability to comply with any of the provisions contained in these Terms of Use, your access to the Platform will also be restricted and/or denied.
1.4. If you are under 18 (eighteen) years old, you may not register on the Platform, as we do not collect data, not even for registration, from minors.
2. DEFINITIONS
2.1. To facilitate your understanding and avoid repetitions, the terms of these Terms of Use, whenever used with the first letter capitalized, will have the meaning set forth here, whether in the plural or singular.
3. TYPES OF USERS, SERVICES, AND FEATURES
3.1. Visitors
3.1.1. "Visitors" are users who browse our Platform without registering.
3.1.2. Features: the Visitor may use the features below without needing to register on the Platform:
Request a service demonstration;
View the information of the highlighted inquiries on the Platform's home page;
Search for companies;
Access the help center to request support and/or service;
View the list of public access APIs (Application Programming Interfaces);
Access this Terms of Use, our Privacy Policy, and external links.
3.2. Users
3.2.1. Public and private law institutions ("Institutions") can register the Institution on the Platform through an individual User account ("Individual User") who is a member of the Institution ("Administrator"). This individual User, who will be responsible for the Institution, must add the Institution to their registration and can register and manage the accounts of the members of the Institution ("Collaborators", and together with the Administrator, "Institutional Users").
3.2.2. The Administrator will register the Institution, providing the following data: name of the Institution, CNPJ, address, email, articles of incorporation or bylaws, and indication of the Collaborators. The Administrator declares and guarantees that they have all the necessary authorizations and licenses to submit via the Platform the data held by the Institution, and guarantees that they do not infringe any intellectual property rights related to the Institution's and third parties' trademarks.
3.2.3. The Individual User, for registration, will provide first name, last name, email, password, CPF, date of birth, mobile phone, and other necessary information (the "Registration Data").
3.2.4. Features. The following features are available to Users:
Hiring Services;
Making inquiries via the Platform, according to the level of registration of the Individual User;
Viewing the information of the highlighted inquiries on the Platform's home page;
Viewing their inquiry history; balance and statement;
Referring friends to earn bonuses, subject to conditions;
Accessing the help center to request support and/or service;
Viewing the list of public access APIs (Application Programming Interfaces);
Accessing this Terms of Use, our Privacy Policy, and external links.
3.2.5. Sinky may grant Users access to beta versions of certain features. If the User chooses to test the new features offered, the User acknowledges and declares to be aware that participation in the beta version is done voluntarily, and Sinky will not be responsible for any failures, interruptions, or suspensions in the functionalities provided, as well as loss of information and data entered in these functionalities.
3.3. No feature of the Platform should be understood as advice or consulting regarding the activities developed by Users. Sinky does not guarantee Users any commercial results and will not be responsible for the development of their businesses or consequences arising from the reports issued by the Platform.
4. REGISTRATION
4.1. As stated above, access to the Platform by Users depends on the provision of certain information by Users, as outlined in the Privacy Policy.
4.2. After registering on the Platform, the Visitor will receive an email with a link for validation and confirmation of registration; email services may take some time to send the message. If not received, check your spam folder; if it is still not received, please contact our Support Center.
4.3. A User's account is personal and can only be accessed using the login and password created by the User at the time of registration, being solely and exclusively responsible for keeping their login and password confidential to ensure the security of their account and prevent unauthorized access by third parties.
4.4. The User is solely responsible for all activities associated with their account. In the event of loss, theft, or suspicion of unauthorized use of their account, login, or password, Sinky must be immediately notified so that appropriate measures can be taken. If duplicate accounts are confirmed, Sinky may permanently disable all duplicate registrations without prior notification.
4.5. You guarantee that all Registration Data provided is true, accurate, complete, and duly updated. You agree to keep such data updated so that your access to the Platform is not suspended. Any damages arising from the inclusion of false or outdated information will be your sole responsibility.
4.6. If Sinky finds incorrect, false, and/or outdated personal data and it is not possible to correct such information, or if you refuse to provide any additional personal data if requested, Sinky may suspend, temporarily or permanently, your access to the Platform, without prejudice to other measures it deems applicable.
4.6.1. Sinky may, at any time, request the submission of additional data and/or documents in order to approve or review the User's registration and the information provided by them. If the User refuses to submit the requested material, Sinky reserves the right to deny, suspend, or cancel their registration at its sole discretion, and the User shall not be entitled to any compensation or reimbursement for this reason.
4.7. You assume the responsibility of never sharing your access data with others, as any loss resulting from such disclosure will be your exclusive responsibility.
4.8. You declare that you are also aware that you are primarily responsible for your access to the Platform, and all actions taken under your digital identity will be considered legitimate and accepted by Sinky, unless you report fraud and/or data loss.
4.8.1. You agree to immediately notify Sinky, through the Support Center, about any suspicion of authentication breach of your registration on the Platform, unauthorized use of your registration information, or access or attempts of access by unauthorized third parties to your registration on the Platform.
4.8.2. Sinky reserves the right to suspend or block your registration, with no payments due to the User as a result of such a fact, in case of suspicion of occurrence of fraud.
5. SERVICES
5.1. The Platform provides a tool for Users so that the Users themselves can carry out inquiries, in real time, of information contained in various platforms of available public government databases, as chosen by the User. The User may only use the information for legitimate purposes, such as for fraud prevention and anti-money laundering, compliance with anti-corruption measures, fulfillment of legal and regulatory obligations, Know Your Client (KYC), Know Your Partner (KYP), Know Your Supplier (KYS), Know Your Employee (KYE).
5.2. The User may request on the Platform a Credit Analysis carried out by Quod. The Platform will return to the User the result of this Analysis. It is the User's responsibility to define the purpose of using the Credit Analysis, respecting the limits of the law; some possibilities include identifying and preventing fraud, debt collection and recovery, credit analysis and granting, financing, and compliance.
5.3. The User is responsible for all third-party information used for inquiry; in the case of use of personal data, the User will act within the law with all information obtained from the inquiry.
5. SERVICES
5.1. The Platform provides a tool for Users so that the Users themselves can carry out inquiries, in real time, of information contained in various platforms of available public government databases, as chosen by the User. The User may only use the information for legitimate purposes, such as for fraud prevention and anti-money laundering, compliance with anti-corruption measures, fulfillment of legal and regulatory obligations, Know Your Client (KYC), Know Your Partner (KYP), Know Your Supplier (KYS), Know Your Employee (KYE).
5.2. The User may request on the Platform a Credit Analysis carried out by Quod. The Platform will return to the User the result of this Analysis. It is the User's responsibility to define the purpose of using the Credit Analysis, respecting the limits of the law; some possibilities include identifying and preventing fraud, debt collection and recovery, credit analysis and granting, financing, and compliance.
5.3. The User is responsible for all third-party information used for inquiry; in the case of use of personal data, the User will act within the law with all information obtained from the inquiry.
6. RULES AND CONDITIONS FOR USING THE PLATFORM
6.1. By accepting these Terms of Use, you declare: (i) to be over 18 (eighteen) years old; (ii) to be responsible for any consequences related to your use of the Platform, answering, including before third parties, for any claims that may be presented to Sinky, judicially or extrajudicially; and (iii) to be solely responsible for the operations you perform through the Platform, assuming all risks related to them, including in the event of any loss.
6.2. The use of the Platform is personal and non-transferable, and its use is authorized only for lawful purposes related to the purpose for which the Platform is intended according to these Terms of Use. Therefore, you declare that you will not use the Platform for any unlawful purposes, and the applicable legislation must be observed under any circumstances.
6.3. You are aware that accessing the Platform through connections on public and unprotected wi-fi networks poses risks to the information stored on your mobile device, as well as the data and/or information stored on it. Thus, you declare that you must ensure the reliability of the networks that enable your access to the Platform, being solely and exclusively responsible for any damages resulting from the use of the Platform through access to public networks considered unsafe, since Sinky has no influence over the security measures adopted by such networks.
6.4. Sinky, through these Terms of Use, grants you a personal, limited, temporary, revocable, non-exclusive, and non-transferable license to use the Platform, for the duration of your use of the Platform, being certain that you cannot use nor allow the use of the Platform for any other purpose not expressly provided for in these Terms of Use.
6.5. You acknowledge, from now on, that you cannot:
(i) use the Platform, including to disseminate information, in any way that may imply a violation of applicable legislation, the rights of Sinky and/or third parties, or public morals, including, without limitation, violations of intellectual, copyright, and privacy rights, or the production and dissemination of illegal, immoral, inappropriate, or offensive content;
(ii) copy, distribute, assign, sublicense, sell, share, rent, lease, lend, reproduce, donate, alienate in any way, transfer total or partially, in any title, under any modality, free of charge or for a fee, temporarily or permanently the Platform and/or the operating system or any content of the Platform, including its modules, parts, contents, manuals or any information related to them;
(iii) employ malware and/or harmful practices with the intent of improperly using the Platform for unwanted practices against Sinky or third parties, such as, but not limited to, exploits, spamming, flooding, spoofing, crashing, and root kits;
(iv) reproduce, adapt, modify, and/or employ, in whole or in part, for any purpose, the Services, the Platform and/or the operating system or any content of the Platform, including its modules, parts, contents, manuals or any information related to them, without prior and express authorization from Sinky;
(v) publish or transmit any file containing viruses, worms, Trojans, or any other contaminating or destructive program, or that in any way may interfere with the proper functioning of the Platform;
(vi) use the Platform for purposes other than that for which it was made available by Sinky; and
(vii) access, store, disclose, use, or improperly modify the data of other Users.
6.6. The following are the User's responsibilities:
(i) use the Platform appropriately and diligently, in accordance with these Terms of Use, with the law, morality, good customs, and public order;
(ii) keep the environment of their access devices to the Platform secure, using specific tools for that purpose, such as antivirus, firewall, among others, in order to contribute to the prevention of electronic risks;
(iii) use updated and efficient operating systems for the full use of the Platform;
(iv) equip and be responsible for the necessary hardware devices for accessing the Platform, as well as for their access to the Internet;
(v) not maliciously explore the security of the Platform for the practice of illicit acts, prohibited by law and these Terms of Use, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload or deteriorate the Platform, as well as the computer equipment of other Users or other Internet users (hardware and software), as well as the documents, files, and all content stored on their devices or hinder the normal use or enjoyment of the Site, the Platform, and the Services;
(vi) maintain a copy of all content and data that they deem important, considering that the Platform may undergo maintenance periods or even experience data loss;
(vii) guarantee the truthfulness, quality, integrity, and legality of their data and the means through which they acquired their data;
(viii) act in a way to prevent unauthorized access to the use of the Services and notify the Platform immediately of any unauthorized access or use; and
(ix) not sell, resell, rent or lease the Platform and the Services.
6.7. The User declares and guarantees that they comply with the laws and regulations for the protection of personal data, including those of the LGPD and regulations and understandings of the National Data Protection Authority, especially regarding the management and processing of personal data that will be accessed by the User using the Platform.
6.7.1. The User, as the Controller of personal data, must comply with the rights of the data subjects and other obligations imposed by the LGPD regarding the processing of the personal data accessed using the tools provided by the Platform.
6.8. Sinky commits to make its best efforts to keep the Services active for as long as possible. However, it has no obligation to ensure performance, stability, continuity, or any kind of obligation to permanently maintain the Service and its access to the Platform. The damages caused due to unavailability will be borne by you and not by Sinky.
6.9. Sinky may, at its exclusive discretion, at any time and without prior notice to you:
(i) terminate, modify or suspend, totally or partially, your access to the Platform, when said access or registration violates the conditions established in these Terms of Use and/or in the Privacy Policy;
(ii) delete, totally or partially, the information registered by you that is not in accordance with the provisions of these Terms of Use; and
(iii) add, delete or modify the content of the Platform or the Services.
6.10. Sinky may, at its exclusive discretion, suspend, modify or discontinue the activities of the Platform, upon prior notification, except in cases of acts of competent authority, fortuitous events or force majeure.
7. USER PROVIDED CONTENT
7.1. Sinky may, occasionally, at its sole discretion, allow you to submit, transfer, publish, or otherwise make available, through the Services, content and information in text, audio, and/or visual form, including comments and feedback related to the Services, support requests, and records.
7.2. The User declares and warrants that the content submitted, transferred, published, or otherwise made available by them does not infringe, nor will it infringe, any obligation or right of any third parties, whether natural or legal persons, including, without limitation, intellectual property rights, copyright, rights of publicity, privacy, consumer rights, among others.
7.3. All content provided by you remains your property; however, by providing such content to Sinky, you grant a worldwide, perpetual, irrevocable, transferable, free license to use, copy, modify, create derivative works, distribute, include in institutional material or related materials for the promotion of Sinky and/or the Services, publicly display and perform, and otherwise exploit, in any manner, such content, in all formats and distribution channels known or hereafter devised (including in relation to the Services and Sinky's activities on third-party sites and services), without the need to notify you or obtain prior consent, and without any payment to you or any other person or entity.
7.4. The User agrees not to provide content that is offensive, defamatory, slanderous, injurious, discriminatory, violent, obscene, illegal, pornographic, or that negatively exposes Sinky's image, the institutions, organizations, and partner companies of Sinky, or other users of the Platform, as determined by Sinky at its sole discretion, whether or not such material is protected by law. Sinky may remove content, at its sole discretion, at any time and for any relevant reason, without any notice, which may result in the User's exclusion from the Platform and legal accountability for the content.
8. SAFETY MEASURES
8.1. Sinky commits to implementing appropriate security measures for your use of the Platform. However, you acknowledge that no system is completely free from vulnerabilities, and therefore Sinky shall not be held liable for cases of security breaches caused by third parties or failures of an electrical or telecommunications nature, as well as for occurrences of disasters or other fortuitous events or force majeure.
8.2. Sinky also shall not be responsible for indemnifications or compensation for damages caused by negligence, carelessness, recklessness, or improper use of the technology that the User adopted when accessing the Platform.
8.3. Sinky does not spontaneously request from the User (i) the disclosure, confirmation, verification, or updating of registration data or personal information or (ii) requests, confirmation, verification, or updating of digital identity, security components, or personal data. Messages with such requests should be ignored by the User and promptly reported to Sinky.
8.4. The notices, security alerts, and tips presented on the Platform should be read carefully by you to ensure a better experience on the Platform and the eventual mitigation of security or system operation failures.
8.5. You are aware and agree that by accepting these Terms of Use, you are subject to all security validation mechanisms that Sinky wishes to employ, such as facial identification, biometric identification, questionnaires, among others.
8.6. If it is proven that you acted in bad faith, fraudulently accessing the Platform, you will be solely responsible for any expenses incurred, even after notifying Sinky.
9. INTELLECTUAL PROPERTY
9.1. The intellectual property of the Platform and all content provided by Sinky belongs to and will continue to belong exclusively to Sinky, or Sinky will be licensed or authorized to use the respective content, except for reports that are not owned by Sinky, but by the User. The data and functionalities of the Platform are free to access.
9.2. You declare that you are aware that you do not acquire, through these Terms of Use, any intellectual property rights or other exclusive rights, including patents, designs, trademarks, copyrights, or rights to confidential information or trade secrets, regarding or related to the Platform, as well as the database composed of User data, which are the exclusive property of Sinky.
9.3. Without prejudice to the rights granted by law to Sinky, if you develop a new module or product that constitutes a copy, in whole or in part, whether of the data dictionary or of the program, such development will be considered as part of the Platform, and therefore, its ownership will be incorporated by Sinky and its use conditioned to compliance with the rules defined in these Terms of Use and in the Privacy Policy.
9.4. You understand that those who infringe Sinky's or third parties' intellectual property are subject to corresponding civil and criminal sanctions, according to the applicable legislation.
9.5. The trademarks, trade names, or logos of any kind presented through the Platform are the property of Sinky or third parties that have permitted their use, so that the use of the Platform does not imply authorization for you to cite such trademarks, trade names, and logos.
9.6. If you identify a violation of rights related to intellectual property, you may submit a complaint through our Support Center, so that Sinky can investigate the indicated situation and take the necessary measures for the assessment and resolution of any irregularity.
10. THIRD-PARTY LINKS
10.1. The Platform may contain links to third-party website(s) and you acknowledge and agree that the existence of these links does not constitute an endorsement or sponsorship of such third parties and you recognize that you are subject to the terms of use and the privacy policies of such third parties, which should be verified by you.
10.2. Third-party links are provided solely for your convenience and information, and Sinky does not maintain control, assume any responsibility, and does not provide any type of guarantee regarding them, such as accuracy, quality, and timeliness. Therefore, you acknowledge that Sinky will not be responsible for third-party content or websites accessed through links available on the Platform.
11. WARRANTY AND LIABILITY TERM
11.1. WE ARE COMMITTED TO PROVIDING THE BEST SERVICES WE CAN. TO THE FULLEST EXTENT PERMITTED BY LAW, SINKY MAKES NO WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTIES. SINKY DOES NOT GUARANTEE THAT THIRD-PARTY SERVICES ARE FREE FROM MALWARE OR OTHER HARMFUL COMPONENTS. STILL, SINKY MAKES NO REPRESENTATIONS OR WARRANTIES, NOR ENDORSES, GUARANTEES, OR ASSUMES LIABILITY FOR ANY THIRD-PARTY PLATFORMS (OR THEIR CONTENT), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY TO US OR THROUGH THE SERVICES PROVIDED BY SINKY, OR ANY SITE WITH HYPERLINKS, OR INCLUDED IN ANY TYPE OF MARKETING MATERIAL.
12. LIMITATION OF LIABILITY
12.1. You agree that your solution for any problems or dissatisfaction arising from the use of the Services is the ability to cancel your registration on the Platform and, therefore, stop using the Sinky Services.
12.2. Sinky is not responsible for third-party platforms or their content, and although your relationship with such platforms may be governed by separate agreements made with those third parties, to the maximum extent permitted by applicable law, your solution for any problems or dissatisfaction with third-party platforms or their content is to stop using such third-party platforms. To the maximum extent permitted by law, under no circumstances will Sinky, its officers, shareholders, employees, agents, directors, workers, subsidiaries, affiliates, successors, assignees, suppliers, or licensors be liable for any lost profits, indirect, special, incidental, punitive, exemplary, or consequential damages arising, in all cases, from the use or inability to use the Services, the third-party platforms, or the content of third-party platforms, regardless of legal theory, even if Sinky has been advised of the possibility of such damages, and even if a solution fails its essential purpose.
12.3. Sinky will not be responsible for (i) any unavailability, errors, and/or failures of the Platform; (ii) any errors and/or inconsistencies in the transmission of network data, as well as those related to the quality or availability of the internet connection that can prevent the proper receipt of information by Sinky or by you; (iii) outdated, incomplete, and/or untrue data that may be presented through the Platform; or (iv) any loss of value that may occur in any transaction/application performed by you, as well as any loss you may incur for this reason.
12.4. Sinky is not responsible for the use of the Platform in violation of these Terms of Use and for damages of all kinds arising from the knowledge that unauthorized third parties may have of data made available through the Platform.
12.5. You also agree that Sinky has no responsibility for any damages and/or losses suffered as a result of using products and/or services offered by third parties through the Platform.
13. COMPENSATION
13.1. The User agrees to defend, indemnify, and hold harmless Sinky and its officers, shareholders, employees, agents, directors, staff, subsidiaries, affiliates, successors, assignees, suppliers, or licensors from and against any charges, actions, or claims, including, but not limited to, fines, damages, indemnities, court costs, and reasonable attorney's fees, resulting from: (i) any improper use of the Platform; (ii) the violation of the conditions hereby agreed; (iii) any activity in which you participate through the Services; (iv) the purposes for which you use the results of the Services; and (v) your violation of any laws or rights of third parties.
14. VALIDITY AND TERMINATION
14.1. These Terms of Use will take effect from the date of the User's registration on the Platform and will remain in effect while (a) the Services and features of the Platform are available; (b) the User is duly registered; (c) the User utilizes the features available on the Platform.
14.2. Sinky may terminate these Terms of Use and suspend the provision of Services and/or functionality of the Platform, without any penalty, in the following cases:
(i) Misuse of the account or features of the Platform by the User, in violation of these Terms of Use;
(ii) Suspicion of fraud committed by the User;
(iii) Death of the User; and
(iv) With prior notice to the User, at least 7 (seven) days in advance.
14.3. The User may, at any time, without the need for justification, request the deletion of their registration on the Platform, terminating their relationship with Sinky, by making a request through the Support Center.
15. MODIFICATIONS
15.1. In order to ensure greater security, you acknowledge and declare that you understand that the Platform, the Terms of Use, and the Privacy Policy are subject to an ongoing process of improvement, and that the update of the Terms of Use will always be available on the Platform, and it is your responsibility to consult the Terms of Use from time to time and verify if you agree with such updates. Whenever these Terms of Use have relevant changes, such changes will be evidenced as valid, effective, and binding after: (1) being disclosed on our Platform; or (2) being sent to you via email; or (3) being communicated to you in another way.
15.2. The User acknowledges and accepts that, once the amendment of these Terms of Use and/or the Privacy Policy is published, the use of the Platform will be subject to the updated Terms of Use and the Privacy Policy.
16. GENERAL PROVISIONS
16.1. If any provision of these Terms of Use or the Privacy Policy is deemed illegal, void, or unenforceable for any reason, the remaining provisions will not be affected, remaining valid and enforceable to the fullest extent possible.
16.2. All communications sent by you to Sinky will be considered fully valid when made through the Support Channel. On the other hand, all communications sent by Sinky will be considered valid when made through any of the contact information provided by you on the Platform.
16.3. Special attention should be given in any case of receiving emails forwarded by Sinky, especially those intended to request data or payment of bills. You should carefully analyze the sender of such messages to avoid fraudulent conduct. If you suspect any forwarded message, you should contact Sinky through the Support Center.
16.4. Any failure by Sinky to enforce or exercise any right, prerogative, or authority granted by these Terms of Use, the Privacy Policy, or by law, including related rights, does not constitute a waiver of that right, prerogative, or authority.
16.5. If you wish to make a complaint and/or report any fact compromising Sinky's reputation or the safety of the Users of the Platform, you should preferably communicate with Sinky through the indicated Support Channel, with the aim of minimizing the negative impacts of what is intended to be reported.
17. APPLICABLE LAW
17.1. These Terms of Use, the Privacy Policy, and the Services provided on the Platform will be governed and interpreted exclusively in accordance with the laws of Brazil.
17.2. The User acknowledges that any disputes must be resolved in the central court of the District of São Paulo, State of São Paulo, to the detriment of any other, no matter how privileged it may be, for the filing of any legal action or administrative proceeding regarding these Terms of Use, the Privacy Policy, and the Services provided on the Platform.
18. SUPPORT CENTER
18.1. For inquiries, suggestions, complaints, feedback, and praise, please contact our Customer Service Channels available from Monday to Friday during business hours, except holidays: (i) via the Platform Chat, (ii) "meajuda@besinky.com" or "suporte@besinky.com", and (iii) through the "Help" section on the Platform https://ajuda.besinky.com/.
