License and Use Terms

1. Identification and acceptance

1.1 These License and Use Terms — Aufisoft Desktop ("Terms") govern the license to use the Aufisoft Desktop program and the cloud services linked to it, provided by LFKA DEV TECNOLOGIA LTDA, company ID (CNPJ) 60.825.050/0001-30, headquartered in Ourinhos/SP, Brazil ("Aufisoft").

1.2 You accept these Terms by ticking, on the purchase page at aufisoft.com, the acceptance box, which is never pre-ticked, before proceeding to payment. The box can only be ticked after you open the full text of these Terms. Acceptance is requested again on each purchase: of the License, of Extra Machines or of a computer Replacement. Without it, the purchase is not made.

1.3 By accepting, you declare that you have authority to bind the legal entity that will hold the License, identified by the CNPJ provided on the first activation (section 10).

1.4 The current Privacy Policy (version 2.0), published at aufisoft.com/privacidade, forms an integral part of these Terms.

1.5 These Terms are published in Portuguese, English and Spanish. The Portuguese text is the one accepted and recorded (section 16), and it prevails in case of divergence.

2. Definitions

• Aufisoft Desktop: Aufisoft's restaurant management computer program, installed on Windows computers, with the database on the computer itself.
• License: the right to use Aufisoft Desktop granted by these Terms.
• License Key: the code in the format AUFI-XXXX-XXXX-XXXX, sent by e-mail after the payment is confirmed, that activates the License.
• Main Computer: the computer on which the License is activated, where the restaurant's system and database are.
• Extra Machine: a slot for one more computer with the full system, paired with the Main Computer on the restaurant's local network (section 9).
• Terminal: the paired computer that occupies an Extra Machine.
• Cloud Services: the services of section 6, provided by Aufisoft's servers over the internet.
• Account: the buyer's registration at aufisoft.com, through which purchases are made, the License Key is viewed and the computers are followed (the "panel", at aufisoft.com/conta).
• Replacement: activating the License on another computer while the previous one is still active (section 8).
• You, or Holder: the legal entity that holds the License, identified by the CNPJ bound to it.

3. Subject and nature of the license

3.1 Aufisoft grants you a non-exclusive license to use Aufisoft Desktop, not transferable on your own (the only transfer is the one in item 10.5), under art. 9 of Law 9.609/98 and these Terms. The program is licensed, not sold: ownership of the program and the copyright in it remain with Aufisoft (section 14).

3.2 The purchase brings together two different things, which these Terms treat separately:

• the License for local use of Aufisoft Desktop, for an indefinite term (section 4);
• the Cloud Services, included in the price and provided under the conditions of section 6: activation, deactivation and changing computers, with a guarantee of at least 12 months; the others, while Aufisoft operates the service.

3.3 Each License belongs to one establishment of the restaurant, that is, a location with its own service and cash register, bound to a CNPJ (section 10), and is active on one Main Computer at a time (section 7). Each establishment needs its own License, even when several establishments operate under the same CNPJ.

4. Local use, for an indefinite term

4.1 The License entitles you to use Aufisoft Desktop on the activated Main Computer and on the Terminals paired with it on the local network, with all the functions that run on the computer itself, such as orders, tables, cash register, kitchen, inventory and finance. The waiter can enter orders through the browser of a phone or tablet, on the restaurant's local network.

4.2 This local use is valid for an indefinite term, with no monthly fee and no new charge. It is only this use, and only on the computer already activated, that the words "lifetime" and "forever" used by Aufisoft when advertising the License refer to. Reactivating the License, reinstalling the program or changing computers is not part of that use: it depends on the Cloud Services, which Aufisoft guarantees for at least 12 months, counted from the payment confirmation, and, after that, while it operates the service (items 6.2 and 6.8). The License is valid under these conditions.

4.3 Local use depends neither on the internet nor on Aufisoft's servers existing. Once activated, the Main Computer keeps working without internet, with Aufisoft's servers down or even shut down for good; in these cases, the system only shows a notice. Lack of connection never blocks the computer.

4.4 Local use on a computer only ends in the cases of these Terms: when you change computers or deactivate it (section 8), or when the License is revoked (section 13).

4.5 The indefinite term covers the version of Aufisoft Desktop installed on the computer, which you may keep using without installing updates. Updates are a Cloud Service (item 6.3), and the technical validity of each version has its own term (section 5).

4.6 The Cloud Services (section 6), third-party services (item 6.7) and the technical warranty of section 5, which has its own term, are not part of the use for an indefinite term.

5. Technical validity period and warranty

5.1 For the purposes of art. 7 of Law 9.609/98, the technical validity period of each version of Aufisoft Desktop is 3 (three) months, counted from the publication date of that version. For whoever bought the License, this period is never shorter than 6 (six) months counted from the confirmation of the License payment: the date that ends last applies. When you install a newer version, its period applies.

5.2 Within the technical validity period, Aufisoft guarantees the complementary technical services of art. 8 of the same law, relating to the proper functioning of the program, considering its specifications:

• the correction of defects that prevent or impair Aufisoft Desktop from working as described at aufisoft.com and in these Terms, through an update or technical guidance;
• technical guidance by support (section 22) on installation, activation, changing computers and using the program's functions.

5.3 This is a contractual warranty, which adds to the legal warranty of the Consumer Protection Code (art. 50) and neither limits nor replaces it. The legal warranty of adequacy (art. 24), the prohibition of clauses that exempt or reduce the supplier's liability (arts. 25 and 51, I) and the periods to claim for defects remain fully in force, including the period for a hidden defect, which only starts running when the defect becomes evident (art. 26, §3).

5.4 If Aufisoft Desktop is withdrawn from sale during the technical validity period of a purchase, the obligation of item 5.2 continues, under art. 8, sole paragraph, of Law 9.609/98.

5.5 After the technical validity period, corrections keep arriving through updates (item 6.3), and support keeps answering through the channels of section 22, while Aufisoft operates the service. This does not extend the period of item 5.1 nor reduce the legal rights of item 5.3.

5.6 Example. You pay for the License on January 10 and install version 5, published on December 1. Its 3 months end on March 1, and the 6 months from the purchase end on July 10: July 10 applies. If version 6 is published on June 20 and you install it, its 3 months end on September 20, and September 20 applies.

6. Cloud Services

6.1 The Cloud Services are:

• License activation, periodic verification, deactivation and changing computers (sections 7 and 8);
• delivery of Extra Machines bought later to the Main Computer (section 9);
• the online menu and receiving the orders placed through it;
• the integrations with delivery marketplaces that Aufisoft offers, such as iFood, 99Food and others, whose access is obtained through Aufisoft's cloud;
• Aufisoft Desktop updates (item 6.3);
• the Account and the panel at aufisoft.com, with the License Key, computers and purchases;
• the License e-mails: the Key, computer changes and purchases.

6.2 The Cloud Services are included in the License price, with no monthly fee. Activation, deactivation and changing computers are guaranteed for at least 12 months (item 6.8); after that period, and the other Cloud Services from the start, they are provided while Aufisoft operates the service. They need internet and the License active on that computer, and are not part of the use for an indefinite term of section 4.

6.3 Updates. All versions of Aufisoft Desktop that Aufisoft publishes while it operates the service are included in the License, at no additional cost, including new major versions. They are made available over the internet, and installing each one is your choice. A Cloud Service may come to require a more recent version; in that case, the update is still at no cost, and the installed version remains valid for the local use of section 4.

6.4 Availability. Aufisoft strives to keep the Cloud Services available, without guaranteeing uninterrupted operation. Scheduled maintenance is announced in advance whenever possible. With the cloud unavailable, each service behaves as follows:

6.5 Clock. The Cloud Services require the Windows date and time to be correct. With the wrong clock, they fail, and Aufisoft Desktop warns and shows how to fix it.

6.6 Changes. Aufisoft may change the technical means of providing a Cloud Service (providers, screens, technology), as long as it keeps the function described in item 6.1. A Cloud Service only stops being provided (a) when Aufisoft ends its activities (section 18) or (b) when it depends on a third party that stops offering the integration, such as a delivery marketplace; in this case, Aufisoft notifies you as soon as it knows. The activation, deactivation and computer change services are not discontinued within the 12 months of item 6.8 without the refund provided there.

6.7 Third-party services. Some functions depend on third-party services, contracted and governed by their own terms: NFC-e issuance, made with your own Focus NFe account and the restaurant's digital certificate, with SEFAZ; delivery marketplaces, such as iFood and 99Food; Google Drive, for backup, if you connect it; Asaas, which processes payments; and your internet provider. Aufisoft is not liable for the availability, prices or rules of these third parties, without prejudice to its liability for the functioning of Aufisoft Desktop itself.

6.8 12-month floor. Aufisoft guarantees the Cloud Services of activation, deactivation and changing computers (the first item of the list in item 6.1) for at least 12 (twelve) months, counted from the confirmation of the License payment.

• If Aufisoft ends its activities, or shuts down these services, before the 12 months are complete, it refunds you the proportional amount for the months remaining. The calculation is simple: the amount paid for the License, divided by 12 and multiplied by the months remaining. Installment charges are not counted, and a part of a month left over counts as a full month. Example: for a License of R$ 1.997, if the shutdown occurs 10 months after the payment confirmation, 2 months remain, and the refund is R$ 1.997 ÷ 12 × 2 = R$ 332,83.
• The refund is made within 30 days of the shutdown, to the same payment method as the purchase or, if that is not possible, by another means we agree with you. It does not revoke the License: local use under section 4 continues on the computer already activated.
• After the 12 months, these services continue while Aufisoft operates the service, with the shutdown notice of item 18.1.
• The other Cloud Services (online menu, marketplace integrations and updates) have no minimum term and are provided while Aufisoft operates the service.

A temporary failure or maintenance (item 6.4) is not a shutdown. The License is valid under these conditions.

6.9 Optional modules and services. Optional modules and services, such as remote access, are separate from the License: they are contracted separately, by subscription, are not part of the one-time payment and are provided under the terms of each module, with no guarantee of support or availability. Use of the License and of the Cloud Services in this section does not depend on them. An optional module is always a new function: no function that is already part of the License in this version becomes charged separately.

7. License activation and verification

7.1 Activation requires the License Key and internet; there is no activation without internet. On the first activation, you provide and confirm the restaurant's CNPJ (section 10).

7.2 One computer at a time. The License is active on a single Main Computer at a time. Terminals on the local network are not activated in the cloud: they occupy Extra Machines (section 9).

7.3 Verification. With internet, Aufisoft Desktop checks the License with the cloud when it opens and periodically while it is open. Without internet, or with the cloud down, verification does not happen, and the computer keeps working (item 4.3). The computer is only blocked by a decision signed by Aufisoft's servers, in cases of Replacement, deactivation and revocation (sections 8 and 13).

7.4 Activation is tied to the computer. Copying the installation or the disk to another computer does not take the License with it, and Aufisoft Desktop asks for a new activation. Reinstalling on the same computer, without formatting Windows, does not count as a change.

7.5 License Key. The Key is sent to the Account e-mail and can be viewed again on the panel, with the password. Keep it safe: whoever has the Key can activate the License on another computer, which blocks the current one. Aufisoft notifies by e-mail on every computer change. You are responsible for the use of the Key by whoever received it from you.

8. Changing computers

8.1 The License moves to another computer in one of these ways:

8.2 Deactivation. Deactivation is done on the old computer itself, in Configurações → Sobre → "Desativar este computador" (Settings → About → Deactivate this computer), and needs internet. The old computer is blocked, and the License can be activated on the new one with the same Key, at no cost. The panel at aufisoft.com does not deactivate computers.

8.3 Replacement. Activating the License on a new computer while the previous one is still active, because it broke, was formatted without deactivating, was stolen or was lost, is a Replacement. Before confirming, Aufisoft Desktop shows which computer will be blocked and how much the Replacement costs, and asks for your confirmation.

8.4 Cost of a Replacement. Each License is entitled to one Replacement at no cost every 12 months, counted from the last Replacement at no cost. An unused Replacement at no cost does not accumulate: two years without any still give the right to only one. Each extra Replacement costs R$ 97, paid at aufisoft.com before activation. Paid Replacements or Replacements granted by support do not change the date of the next one at no cost.

8.5 Example. Formatting Windows without deactivating first counts as a Replacement, because the formatted computer is identified as another computer.

8.6 Support may grant a Replacement at no cost outside the rule of item 8.4, in these cases:

• theft or robbery of the computer, proven by a police report;
• hardware failure of the computer, proven by a report or service order from a technical assistance shop;
• a defect of the computer covered by warranty;
• an error by Aufisoft.

8.7 The previous computer. Changing computers, by deactivation or by Replacement, ends the right to use the License on the previous computer. In a Replacement, it is fully blocked as soon as it connects to the cloud, and the block stays recorded on it even if the internet drops afterwards. Keeping the previous computer disconnected to avoid the block is a violation of these Terms (item 14.2).

8.8 The data remains yours. The blocked computer does not open the system, but still offers a local backup of the restaurant's data, so you can take it to the new computer. While the License is active, it can be activated again with the Key, and that activation follows the rules of this section.

9. Extra Machines

9.1 An Extra Machine is a slot for one more computer with the full system on the restaurant's local network, paired with the Main Computer. It belongs to that License and does not move to another. The Main Computer does not occupy a slot.

9.2 The waiter's phone or tablet, through the browser, does not occupy a slot. Through the browser, the system opens only the waiter module; using the full system on another computer requires an Extra Machine.

9.3 A slot is for simultaneous use: the number of Terminals paired at the same time does not exceed the number of Extra Machines. To change a Terminal, just revoke the pairing of the old one on the Main Computer and pair the new one, at no cost.

9.4 Extra Machines can be bought together with the License or later, through the panel. Those bought later reach the Main Computer on the next verification with the cloud, or immediately, through the "Atualizar licença" (Update license) button in Configurações → Sobre (Settings → About), without restarting.

9.5 Terminals are not activated in the cloud, and pairing works without internet while there is an open slot. While the License is active, local use on the Terminals follows section 4.

9.6 Extra Machines only go up. Within the 7-day withdrawal period, the refund undoes only that order. Afterwards, they are neither reduced nor refunded (section 12).

10. The License belongs to a CNPJ and only support transfers it

10.1 The License belongs to one restaurant, identified by the CNPJ you provide on the first activation. Before activating, Aufisoft Desktop looks the CNPJ up in the public data of the Brazilian Federal Revenue (Receita Federal) and shows the legal name, for you to confirm. Only a CNPJ with active registration status is accepted, and never a CPF.

10.2 The CNPJ is bound to the License from the first activation. Deactivating, replacing the computer and reinstalling keep the same CNPJ. The same CNPJ may have more than one License, one for each establishment (item 3.3), each bought separately, with its own Key, its own Main Computer and its own Extra Machines.

10.3 Aufisoft Desktop uses the bound CNPJ and legal name: the NFC-e is only issued with that CNPJ, and prints show the restaurant's name and that CNPJ. They cannot be edited on the system's screens.

10.4 No sale or assignment on your own. The License cannot be sold, assigned, donated, lent or transferred by you in any way to another person, natural or legal. This also applies to the sale or transfer of the restaurant's business to another company: whoever takes over the restaurant does not receive the License by an agreement between the parties. The only transfer allowed is the one made by support, under item 10.5.

10.5 Changing and transferring the CNPJ. The bound CNPJ, and the legal name associated with it, are only changed by support, upon a request sent to contact@aufisoft.com (section 22). This applies to a change in the data of the same restaurant, such as a change of legal name registered with the Federal Revenue, and to the transfer of the License to another CNPJ, as in the sale or transfer of the restaurant's business. The transfer:

• is at no cost;
• requires proof: the sale or transfer contract of the restaurant, or the document of the new CNPJ, with active registration status, and of its link to the restaurant;
• requires deactivation of the old computer (item 8.2), because the License is active for only one CNPJ at a time.

The request is made by the Holder or, in the sale of the restaurant, by the Holder together with whoever takes over the restaurant. The transferred License remains the same License, with its Extra Machines and the same periods, counted from the original purchase, and the new Holder becomes subject to these Terms. The change reaches the Main Computer on the next verification with the cloud, and you receive a confirmation e-mail. If the CNPJ number changes, the tax registration at Focus NFe must be redone, with the corresponding digital certificate.

10.6 Using the License for another CNPJ, for a restaurant of another holder or in more than one establishment at the same time, without the transfer of item 10.5, is a violation of these Terms (section 13).

11. Prices and payment

11.1 The prices of this version, with no monthly fee:

11.2 Payment method. Payment is made on the checkout of Asaas, a payment intermediary, which collects the buyer's billing data: in full, by Pix or credit card, at the table price; or in 2 to 12 credit card installments, with the installment fees added, shown as "Installment interest" and added to the total before payment.

11.3 The amount charged is the one calculated by Aufisoft for the order and shown before payment. The License is issued, and the Key sent to the Account e-mail, after Asaas confirms the payment.

11.4 Later purchases. Extra Machines and extra Replacements bought later are charged at the price in force on the purchase date, always shown before payment, and each purchase requires acceptance of the version of these Terms in force at that time (item 19.3). Deactivation at no cost and one Replacement at no cost every 12 months do not change for those who accepted this version.

12. Withdrawal and refund

12.1 Right of withdrawal. You may withdraw from any purchase within 7 (seven) days, counted from the payment confirmation, with a full refund of the amount paid, including installment charges (art. 49 of the Consumer Protection Code). No justification is needed.

12.2 How to request. By e-mail to contact@aufisoft.com, preferably sent from the Account e-mail, identifying the purchase. Within the 7 days, the Account panel shows a "Desistir da compra" (Withdraw from the purchase) link, which opens an e-mail already filled in with the order data, ready to send. Aufisoft confirms receipt of the request by automatic reply. A request sent within the 7 days is valid even if the reply arrives later. The refund is made to the same payment method, through Asaas; on a card, the credit appears within the card issuer's timeframe.

12.3 Withdrawal from the License. A refunded License is revoked, and the computer on which it is active is blocked when it connects to the cloud (section 13). In the same request, you may withdraw from the Extra Machines bought that are still within their 7-day period.

12.4 Extra Machines. Within the 7 days, the refund undoes only that order: the License and the other Extra Machines remain. Afterwards, they are neither reduced nor refunded. This does not exclude item 12.6.

12.5 Paid Replacement. Refunded within the 7 days, a paid Replacement not yet used is cancelled. If it has already been used, it stays done, and the new computer remains active.

12.6 After the 7 days. A refund is due in the cases provided by law, in particular a defect of Aufisoft Desktop not remedied within the legal period (art. 18, §1, of the Consumer Protection Code). Outside these cases, there is no refund after the 7 days.

12.7 Reversal and dispute. A reversal, or a dispute of the charge with the card issuer (chargeback), has the same effect on the order as a refund: if the order is the License's, it is revoked; if it is for Extra Machines or a Replacement, only that order is undone. If the dispute ends in Aufisoft's favor, it issues a new License Key, at no cost, if you ask.

13. License revocation

13.1 The License is revoked in these cases, and only in these:

• on a refund of the License, by withdrawal or for another legal reason (section 12);
• on a reversal or dispute of the License payment (item 12.7);
• on payment fraud, such as use of a third party's payment method without their authorization;
• by using the License for another CNPJ, for a restaurant of another holder or in more than one establishment, without the transfer of item 10.5;
• by circumventing or attempting to circumvent the activation, verification or blocking of the License;
• by redistributing, selling or assigning the License, the License Key or the program;
• by reverse engineering the program, except as the law allows;
• by keeping a replaced or deactivated computer disconnected in order to avoid the block (item 8.7).

13.2 In cases of fraud and violation (all of the above except the refund and the reversal), Aufisoft notifies you beforehand, through the Account e-mail, with the reason and a period of 10 (ten) days to respond, and considers your response before deciding, unless waiting would allow the fraud or the violation to keep causing harm. Other violations of these Terms do not revoke the License, but Aufisoft may require them to stop and take the measures provided by law.

13.3 Effects. Revocation ends the License, the Extra Machines and the Cloud Services linked to it. The Main Computer is fully blocked when it connects to the cloud, and the block stays recorded on it even if the internet drops afterwards; the Key no longer activates any computer. In revocations for fraud or violation there is no refund, except as the law determines.

13.4 The data remains yours. Even with the License revoked, the blocked computer still offers a local backup of the restaurant's data.

14. Intellectual property, acceptable use and piracy

14.1 Aufisoft Desktop, its code, its documentation, its trademarks and the Cloud Services belong to Aufisoft and are protected by Laws 9.609/98 and 9.610/98. The License does not transfer any of these rights.

14.2 You agree not to:

• circumvent, disable, alter or defeat the activation, verification or blocking of the License, including by deleting the block marks or preventing a replaced or deactivated computer from connecting to the cloud to avoid the block;
• copy the installation to another computer outside the rules of sections 7 to 9;
• redistribute, sell, rent, sublicense or share Aufisoft Desktop or the License Key;
• reverse engineer, decompile or disassemble the program, except within the limits the law expressly allows;
• use the License for another CNPJ, for a restaurant of another holder or in more than one establishment;
• attack, overload or attempt unauthorized access to the Cloud Services, or use them for an unlawful purpose.

14.3 The law also protects the computer program against unauthorized use, without prejudice to the measures it provides for.

14.4 You may keep a copy of the installer and back up the restaurant's data, as a safeguard copy (art. 6, I, of Law 9.609/98).

15. Your data and personal data

15.1 The restaurant's data (orders, customers, menu, inventory, cash register and finance) stays in the Main Computer's database, not on Aufisoft's servers. Aufisoft has no access to it, except to what is sent through the Cloud Services (item 15.3).

15.2 Backup. Since the data stays on your computer, keeping backup copies is your responsibility. Aufisoft Desktop offers local backup and, if you connect your Google account, backup to Google Drive. Aufisoft keeps no copy of the restaurant's database.

15.3 Aufisoft's servers keep:

• the buyer's Account and purchases, with the acceptance record (section 16);
• the License, with the encrypted Key and the bound CNPJ and legal name;
• the activated computers: name, program version, usage dates, IP address of the connections and technical hardware identifiers, stored only as a cryptographic digest;
• the copy of the menu published on the online menu, with the photos, and the orders placed through the online menu, to deliver them to the Main Computer.

15.4 Roles. Aufisoft is the controller of the data of the Account, the License, the computers, the purchases and the acceptance record. In orders placed through the online menu, the end consumer's data is processed on the restaurant's behalf: the restaurant is the controller, and Aufisoft is the processor (arts. 5, VI and VII, and 39 of the LGPD). The documented functions of the service are the restaurant's instructions to Aufisoft.

15.5 As processor, Aufisoft:

• processes this data only to provide the service and keeps it confidential;
• adopts security measures able to protect it (art. 46 of the LGPD);
• uses the sub-processors listed in the Privacy Policy and answers for them as if the processing were its own;
• notifies you within 24 hours of becoming aware of a security incident affecting this data;
• helps you answer data subjects' requests;
• deletes this data when it is no longer needed for the service, except for retention required by law.

15.6 In the iFood integration, the restaurant's access credential stays encrypted on the Main Computer, and is not stored on Aufisoft's servers.

15.7 The current Privacy Policy (version 2.0, at aufisoft.com/privacidade) details the data processed, the purposes, the legal bases, the retention periods, the sub-processors, the international transfer and how to exercise your rights. The Data Protection Officer answers at privacy@aufisoft.com.

16. Record of acceptance

16.1 On each purchase, Aufisoft records, together with the order:

• the version of these Terms and the sha256 of the accepted text, a cryptographic digest that identifies exactly the Portuguese text of that version;
• the date and time of acceptance;
• the IP address and the approximate location derived from it (city, state and country);
• the browser's user agent and language, and the device's time zone;
• the moments when the full text of these Terms was opened and when the acceptance box was ticked;
• the request identifier assigned by Cloudflare, which protects and routes access to the site.

16.2 Purpose. This data serves to prove the acceptance, the version and the text accepted, and for the regular exercise of rights, by Aufisoft and by you, including in judicial, administrative or arbitral proceedings (art. 7, VI, of the LGPD). It is not used for advertising.

16.3 Retention periods, sharing and your rights over this data are in the current Privacy Policy (version 2.0, at aufisoft.com/privacidade).

16.4 The License e-mail states the accepted version, with a link to it, and the text of each version can be checked at aufisoft.com/termos-de-licenca/v/{version}.

17. Limitation of liability

17.1 Aufisoft is liable for defects of Aufisoft Desktop and of the Cloud Services under the law. Nothing in these Terms excludes or reduces the liability that the Consumer Protection Code imposes on the supplier, when it applies.

17.2 Aufisoft is not liable for damages caused by:

• failure, unavailability or rules of third-party services (item 6.7), such as delivery marketplaces, Focus NFe, SEFAZ, Google Drive, Asaas and internet providers;
• defect, virus, loss, theft or malfunction of the restaurant's computer, Windows or network;
• data loss due to lack of backup (item 15.2);
• incorrect data provided by you, including the restaurant's fiscal and tax configuration;
• use contrary to these Terms or to the program's guidance;
• acts of God or force majeure (art. 393 of the Civil Code);

except when the damage results from a defect of Aufisoft Desktop itself or of the Cloud Services.

17.3 When the relationship between you and Aufisoft is not a consumer relationship, Aufisoft's liability is limited to direct damages and to the total amount paid by you to Aufisoft for the License and the orders linked to it, except in case of wilful misconduct or gross negligence.

18. Aufisoft ending its activities

18.1 If Aufisoft ends its activities, it gives at least 30 (thirty) days of notice, through the Account e-mail and a notice inside Aufisoft Desktop, before shutting down the Cloud Services.

18.2 On shutdown, there will be no version of Aufisoft Desktop that reactivates the License without Aufisoft's servers, nor a version without a license requirement. Computers already activated keep working in the local use of section 4, such as orders, tables, cash register, kitchen and stock, because the absence of Aufisoft's servers does not block the computer (item 4.3).

18.3 With the shutdown, the Cloud Services (section 6) cease to exist, including updates, activation and computer changes: after the shutdown, the License cannot be activated on another computer or reinstalled. So, if you need to change computers or reinstall the program, do it during the notice period. The guarantee that integrations with external services work, such as Focus NFe, Google Maps, Google Drive and delivery marketplaces, also ends, and they may stop when those services change their rules or interfaces.

18.4 During the notice period, the Cloud Services keep working, and you can back up your data and change computers or reinstall the License, if you need to. After the shutdown, the data kept on Aufisoft's servers is deleted according to the Privacy Policy, except for retention required by law.

18.5 For purchases still within the technical validity period (item 5.1) on the date of the notice, art. 8, sole paragraph, of Law 9.609/98 applies, and the other rights provided by law are preserved.

18.6 If the end of activities or the shutdown occurs before the 12 months of item 6.8 are complete, Aufisoft refunds the proportional amount for the months remaining, as set out in that item, and the License remains valid for local use.

19. Versions of these Terms and communications

19.1 The version in force is at aufisoft.com/termos-de-licenca. Every version receives a number and a date, and each one remains accessible at aufisoft.com/termos-de-licenca/v/{version}.

19.2 Whoever bought the License stays on the version they accepted. A new version applies only to purchases made after it, and no later version reduces the rights of the License set out in the version accepted when it was bought.

19.3 A later purchase of Extra Machines or of a Replacement requires acceptance of the version in force on its date, which governs that purchase, without reducing the rights of item 19.2.

19.4 Communications. Aufisoft communicates with you through the Account e-mail and through notices inside Aufisoft Desktop. Keep the Account e-mail up to date.

20. General provisions

20.1 Tolerance by either party of a breach of these Terms is neither a waiver nor a novation.

20.2 If a clause of these Terms is held null or invalid, the others remain in force.

20.3 In case of merger, incorporation or spin-off of Aufisoft, the successor assumes the rights and obligations of these Terms.

21. Governing law and jurisdiction

These Terms are governed by the laws of Brazil. For the consumer, the jurisdiction is that of their place of residence. For anyone who is not a consumer, the courts of Ourinhos/SP are elected.

22. Contact

• Support and License matters: contact@aufisoft.com
• Privacy and data protection: privacy@aufisoft.com

Version history

• v1.0 — 27/09/2026: first version of the License and Use Terms of Aufisoft Desktop, sold as a one-time payment. It defines local use for an indefinite term, the Cloud Services, the technical validity period, changing computers, Extra Machines, the CNPJ binding, withdrawal, revocation, Aufisoft ending its activities and the record of acceptance.
• v2.0 — 02/10/2026: minimum guarantee of 12 months for activation, deactivation and changing computers, with a proportional refund if Aufisoft ends earlier; clarifies that "forever" refers only to local use on the computer already activated; technical validity of 3 months per version, never less than 6 months from the purchase; computer change at no cost also for proven hardware failure and for theft or robbery; transfer of the License to another CNPJ by support, at no cost and with proof; optional modules separate; closed list of the violations that justify revocation; "Desistir da compra" link in the panel; jurisdiction of the consumer's place of residence; removal of the reference to another product; Privacy Policy version 2.0.