Terms of Use

1. Acceptance of the Terms

By accessing the website, downloading or using the app, enabling the skill, creating an account or using any Coisas Espertas device or service, you confirm that you have read, understood and fully agree to these Terms of Use and to our Privacy Policy, which forms an inseparable part of this document.

If you do not agree with any condition set out here, please do not use our services.

2. Definitions

• Platform: the website, app, skill, integrations and cloud services of Coisas Espertas taken together.
• App: the Coisas Espertas Home application, distributed through Google Play and the Apple App Store.
• Skill: the Coisas Espertas SmartHome skill, published in the Amazon Alexa skill store.
• Devices: Coisas Espertas hardware products, being the Smart Touch Switch, Smart Dimmer, Smart Outlet, Smart Relay and other portfolio items.
• Account: the personal registration that identifies you on the Platform.
• User: the natural or legal person who uses the Platform or the Devices.
• Content: text, images, trademarks, software, firmware, layouts and other elements of the Platform.

3. Who we are

The Platform and the Devices are provided by SESIS, Sistemas de Engenharia e Software Ltda., registered under company number (CNPJ) 04.147.191/0001-70, with its registered office at Avenida São João, 2375, Sala 2005, Jardim Aquarius, São José dos Campos/SP, Brazil, trading under the Coisas Espertas brand.

Official contact channels: contato@coisasespertas.com.br, +55 12 3923-3831 and WhatsApp +55 12 98104-9800.

4. Who may use the service

• You must be 18 or older and have full legal capacity to create an account and contract our services.
• If you use the Platform on behalf of a company, you confirm that you have authority to bind it to these Terms.
• Minors may interact with the Devices only under the supervision and responsibility of the account holder.

5. User account

• You are responsible for providing true, accurate and up to date information at sign up.
• Access credentials are personal and non transferable. You are responsible for all activity carried out with your account.
• If you grant access to family members, employees or third parties, you take responsibility for the actions they perform on your devices.
• Notify us immediately if your account is lost or stolen, or if you suspect unauthorised use.
• You may close your account at any time in the app or by email, as set out in section 13 of the Privacy Policy.

6. Software licence

We grant you a limited, personal, revocable, non exclusive and non transferable licence, without the right to sublicense, to install and use the App, the Skill and the Device firmware, solely to operate legitimately acquired Coisas Espertas products.

This licence does not give you the right to:

• copy, modify, translate or create derivative works from the software or firmware;
• reverse engineer, decompile or disassemble any component, except to the extent expressly permitted by law;
• rent, sell, sublicense, distribute or otherwise make the software available to third parties;
• remove, obscure or alter intellectual property notices;
• use the software to operate other manufacturers' devices without our express authorisation.

7. Acceptable use and prohibited conduct

When using the Platform, you agree not to:

• breach laws, regulations, technical standards or third party rights;
• attempt to gain unauthorised access to accounts, devices, servers or networks;
• interfere with the Platform, overload it or use bots, scrapers or unauthorised automation;
• introduce viruses, malware or any malicious code;
• circumvent security measures, authentication or usage limits;
• use the Devices to monitor or control people without their knowledge and consent;
• use the Platform for unlawful or fraudulent activity, or activity that harms third parties;
• reproduce or commercially exploit the Content without written authorisation.

Breaches may lead to suspension or termination of the account, without prejudice to any applicable legal measures.

8. Devices, installation and technical requirements

Requirements and operating conditions:

• a 2.4 GHz Wi-Fi network with a stable signal at the installation point (the range does not work on 5 GHz only networks);
• a standard 4x2 in wall box with adequate space and wiring;
• compliance with the load, voltage and current limits stated in each product manual;
• indoor and dry installation, unless the product documentation states otherwise;
• a smartphone meeting the minimum Android or iOS versions listed in the app stores.

Remote control over the internet and voice commands depend on an active cloud connection. Without internet, manual touch operation and, where applicable, local mode continue to work.

9. Alexa and Google Assistant integration

• Using the Skill and the Google Assistant integration requires a Platform account and account linking with the relevant assistant.
• Alexa, Amazon, Google Assistant and Google Nest are third party services governed by Amazon and Google terms and policies. We have no control over those services and are not liable for their unavailability, feature changes or discontinuation.
• Speech recognition is performed entirely by the assistant. We receive only the interpreted command.
• You may revoke the integration at any time by disabling the Skill in the Alexa app or unlinking the account in the Google Home app.
• Voice recognition quality depends on the assistant, the environment and the names you gave your devices.

10. Availability, maintenance and updates

• We work to keep the Platform continuously available, but we do not guarantee uninterrupted or error free operation.
• We may carry out scheduled and emergency maintenance, giving prior notice wherever possible.
• We may release software and firmware updates with security fixes, improvements and new features. Some updates are necessary to keep the product working and secure.
• We may change, suspend or discontinue features. If a cloud service is materially discontinued, we will give reasonable advance notice.

11. Use limitations for critical applications

You agree not to use the Devices as the sole or primary means of:

• supporting medical equipment or any situation where a failure could cause injury or death;
• detecting or responding to fire, gas leaks or emergencies;
• operating an alarm system, critical access control or sole property security;
• running critical industrial processes or essential infrastructure;
• powering equipment that requires uninterrupted supply.

Power cuts, unstable internet, third party server outages and network faults can prevent remote operation. For critical applications, use equipment certified for that purpose, with appropriate redundancy.

12. Purchases, delivery, returns and cancellation

• Prices, deadlines and conditions are those shown at the time of purchase and may change without notice, save for orders already confirmed.
• Order confirmation depends on payment approval and stock availability.
• Delivery times are estimates counted from payment confirmation and may vary due to logistics.
• Right of withdrawal: for purchases made away from business premises (internet or telephone), you may cancel within 7 calendar days of receipt, under Article 49 of the Brazilian Consumer Code, with a refund of amounts paid including shipping. The product must be returned in its original packaging, unused and uninstalled.
• Faulty products: the statutory complaint periods of Article 26 of the Consumer Code apply, being 90 days for durable goods counted from delivery or from when a hidden defect becomes apparent.

13. Warranty

• The Devices carry the statutory warranty under the Brazilian Consumer Code, plus the contractual warranty stated in the manual and on the product invoice.
• The warranty covers manufacturing, material and functional defects under normal conditions of use.

The warranty does not cover situations arising from:

• installation contrary to the manual or performed by an unqualified person;
• use outside the load, voltage or current specifications;
• mains fluctuations, lightning strikes, surges or inadequate earthing;
• tampering, opening, repair or modification by unauthorised third parties;
• damage from drops, impacts, moisture, chemical agents, animals or misuse;
• normal wear of cosmetic parts and finishes;
• internet unavailability, faults in the user's Wi-Fi network or in third party services.

To make a warranty claim, contact us through the official channels with the invoice, the serial number and a description of the problem.

14. Design, installation and integration services

• Automation, internet design, audio, climate control, access and security services are contracted through a specific commercial proposal that defines scope, timeline, prices and conditions, and which prevails over these Terms where they conflict in relation to the contracted service.
• Quotes are valid for the period stated in the proposal and may be revised if scope or on site conditions change.
• The client must provide access to the site, adequate electrical infrastructure and any necessary authorisations (building management, condominium association).
• Scope changes requested during execution may result in a variation to timeline and price, always agreed in advance.
• Responsibility for installation work carried out by accredited partners follows the terms of the relevant proposal.

15. Intellectual property

All Platform Content, including the Coisas Espertas brand, the logo, product names, interface design, software, firmware, text, images and technical documentation, belongs to SESIS or its licensors and is protected by industrial property and copyright law.

These Terms do not transfer any intellectual property rights to you. Using our trademarks and distinctive signs without prior written authorisation is prohibited.

Third party trademarks mentioned, such as Amazon, Alexa, Google, Google Nest, Android, Apple and App Store, belong to their respective owners and are referenced only to indicate compatibility.

16. Privacy and data protection

Personal data processing is governed by our Privacy Policy, prepared in accordance with the Brazilian General Data Protection Law (Law No. 13,709/2018) and the Internet Civil Framework (Law No. 12,965/2014). By accepting these Terms you confirm that you have read and understood that policy.

17. Limitation of liability

Nothing in these Terms excludes or limits the liabilities that Brazilian law, in particular the Consumer Code, imposes on suppliers on a non waivable basis. Subject to that limit, Coisas Espertas is not liable for:

• unavailability of the electricity grid, the user's internet connection or third party services (providers, Amazon, Google, app stores);
• damage arising from irregular installation or use contrary to the manual or to these Terms;
• use of the Devices in the critical applications prohibited in section 11;
• acts of third parties who gain improper access to the account due to the user's failure to safeguard credentials;
• events of force majeure and unforeseeable circumstances.

18. Suspension and termination

• We may suspend or terminate access to the Platform in the event of a breach of these Terms, fraudulent use, security risk or legal requirement.
• Wherever possible and appropriate, we will state the reason and give an opportunity to remedy it.
• You may close your account at any time, free of charge, in the app or by email.
• Once the account is closed, the software licence ends. Physical Devices continue to operate by manual control and can be set up under a new account.
• The clauses on intellectual property, limitation of liability, governing law and jurisdiction survive termination.

19. App store specific terms

19.1 Apple App Store

• These Terms are entered into between you and SESIS, not Apple. Apple is not a party to this agreement.
• Apple has no obligation to provide any maintenance or support services for the App.
• If the App fails to conform to any applicable warranty, you may notify Apple, which may refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation.
• SESIS is responsible for claims relating to the App, including product liability, legal compliance and intellectual property infringement claims.
• Apple and its subsidiaries are third party beneficiaries of these Terms and may enforce them against you.
• You represent that you are not located in a country subject to an applicable embargo and are not listed on any restricted party list.

19.2 Google Play

• Use of the App obtained through Google Play is also subject to the Google Play Terms of Service.
• Google is not a party to these Terms and is not responsible for the App, its content or its support.
• Account and data deletion can be requested inside the App or through the channels listed in the Privacy Policy.

19.3 Amazon Alexa

• Use of the Skill is also subject to the Alexa Terms of Use and Amazon's conditions.
• Amazon is not a party to these Terms and is not responsible for the operation of the Skill or the Devices.
• The Skill requires account linking and can be disabled by you at any time in the Amazon Alexa app.

20. Changes to these Terms

We may change these Terms at any time to reflect legal, technical or business developments. The version in force is always the one published on this page, with the date and version number at the top. Where a change is significant, we will give prominent notice on the website, in the app or by email, with reasonable advance warning.

Continued use of the services after the new version takes effect indicates acceptance. If you do not agree, you should stop using the services and may close your account.

21. Governing law, jurisdiction and general provisions

• These Terms are governed by the laws of the Federative Republic of Brazil.
• The courts of the Judicial District of São José dos Campos, State of São Paulo, are chosen to settle disputes. If you are a consumer, you may instead choose the courts of your own domicile, as provided by the Consumer Code.
• If any clause is found invalid, the remaining clauses stay in full force.
• Tolerance of a breach does not imply waiver or novation.
• You may not assign rights or obligations under these Terms without our prior written consent.
• These Terms, together with the Privacy Policy and any commercial proposals, form the entire agreement between the parties on this subject.

22. Contact

Questions about these Terms? Get in touch:

• Email: contato@coisasespertas.com.br
• Phone: +55 12 3923-3831
• WhatsApp: +55 12 98104-9800
• Address: Avenida São João, 2375, Sala 2005, Jardim Aquarius, São José dos Campos/SP, Brazil