GENERAL TERMS AND CONDITIONS
These General Terms and Conditions (“Terms”) apply to the use of services offered by RediRedi Serviços Tecnologicos Ltda, a legal entity established at Rua Visconde de Inhauma, No. 134, Floor 20, Room 2001, Rio de Janeiro, Brazil, CEP [ZIP code] 20.091-901, with CNPJ [National Registry of Legal Entities] number 48.096.863/0001-30, hereinafter referred to as the CONTRACTED PARTY, on the PLATFORM, which comprises the domain of the website www.rediredi.com, as well as the web and mobile applications that integrate it, by any USER who has completed Registration on the PLATFORM and has thus electronically “accepted” all the clauses thereof and all other policies available on the PLATFORM, whose data become an integral part of these Terms.
The services available from the PLATFORM will be governed by the clauses and conditions below.
By electronically accepting these Terms, through clicking on the “I Accept the Terms of Use” button on the registration page complementary to this one, the USER automatically agrees to fully comply with its terms and conditions and any future amendments thereto, provided they are notified in the manner prescribed in these Terms, and to accept the provisions of the policies available on the PLATFORM.
CLAUSE 1 – DEFINITIONS
For a precise understanding and interpretation of the rights and obligations provided for in these Terms, the following definitions are adopted:
a) PLATFORM: A set of tools aimed at assisting in the identification and management of inventory, product publication, marketing, orders, setup of virtual stores or online catalogs, comments, and other movements in products sold by the USER in the MARKETPLACES integrated into their account on the PLATFORM, which is accessed online at www.rediredi.com or through one of its applications for mobile devices.
b) CONTRACTING PARTY: Individual or Legal Entity who has contracted the services offered by the PLATFORM through a PREMIUM PLAN, thereby assuming the rights and obligations described in these TERMS OF USE.
c) REGISTRATION: registration form with the USER’s personal data to identify them, in addition to Login and Password to access and use the PLATFORM, regardless of the chosen plan.
d) LOGIN: the email specified by the USER at the time of their REGISTRATION, which they will use to access the PLATFORM.
e) VIRTUAL STORE: a product catalog, with inventory display, that can be set up by the USER directly on the PLATFORM to make sales and receive orders;
f) MARKETPLACE: an online sales platform where the USER sells products and that can be integrated with the USER’s account on the PLATFORM.
g) FREE PLAN: a plan that allows limited access to the content and tools available on the PLATFORM.
h) PREMIUM PLAN: a plan that grants access to a greater content and tools available on the PLATFORM according to the limitations of the chosen plan, subject to a recurring payment.
i) RECURRING PAYMENT: the amount owed by the CONTRACTING PARTY in return for the PLATFORM’s availability, according to the PREMIUM PLAN chosen by the USER at the time of REGISTRATION. At the time of contracting, the USER may also have to make a Registration on the website of the CONTRACTED PARTY’s partner (“Third Party”), which will be used to make payments for the CONTRACTED PARTY’s services, if the payment system is not already directly integrated with the PLATFORM.
j) PASSWORD: a sequence of uppercase and lowercase letters, numbers, and symbols, chosen by the USER, which must be previously specified by the USER when accessing the PLATFORM. The PLATFORM highly recommends periodically changing PASSWORDS at least every 60 (sixty) days for security reasons. The CONTRACTED PARTY emphasizes that it will not have access to this PASSWORD, so if the USER wants to recover their access, the CONTRACTED PARTY will send a message to the email address registered on the PLATFORM to generate a new PASSWORD. Thus, with this procedure, the USER can change the password at any time.
k) USER: Individuals who have registered on the PLATFORM and who, in doing so, have accepted these Terms, with all rights and obligations attributed thereto. It is understood that each USER, when acting on behalf of a Legal Entity CONTRACTING PARTY, has full authorization to act on the latter’s behalf.
CLAUSE 2 – SUBJECT
2.1 The subject of these Terms is the provision by the CONTRACTED PARTY of the aforementioned PLATFORM, through the subscription of a RECURRING PAYMENT, or through a FREE PLAN, aimed at assisting in the identification and management of inventory, orders, creation of online stores, product display, comments, and other transactions related to products sold by the USER, whether in the ONLINE STORES (catalogs) or in the MARKETPLACES integrated into their REGISTRATION on the PLATFORM.
2.2. The PLATFORM may make use of various integration technologies and may incorporate others that in some way expand its capacity for operation.
2.3 Navigation. For the use of any tools, regardless of the FREE PLAN or PREMIUM PLAN, any of the USERS may only do so provided they are duly registered and have expressly accepted this Agreement.
2.4. The PLATFORM, therefore, only enables the organization of information regarding movements in the MARKETPLACES and/or VIRTUAL STORES integrated into the USER’s REGISTRATION on the PLATFORM, information that is collected and entered into the PLATFORM, directly by the USER in the VIRTUAL STORES, or integrated with the MARKETPLACES; therefore the PLATFORM is not responsible for any information registered by the USER, whether in their VIRTUAL STORES or obtained from the MARKETPLACES by the PLATFORM, or for problems that such information may cause.
CLAUSE 3 – CONTRACTING AND ACCOUNT CREATION
3.1. Services provided by the CONTRACTED PARTY through the PLATFORM will be contracted by filling out the REGISTRATION, available on the website www.rediredi.com or through its mobile applications, in which the following information is requested: (i) registration data of the CONTRACTING PARTY; and (ii) selection of the FREE PLAN or one of thePREMIUM PLAN of the RECURRING PAYMENT plan of the PLATFORM chosen.
3.2. The CONTRACTING PARTY expressly acknowledges and agrees with the RECURRING PAYMENT charged by the CONTRACTED PARTY as remuneration for the use of the tools from the PREMIUM PLAN of the PLATFORM, which will be paid using the method chosen on the PREMIUM PLANS page to enable USER services.
3.2.1. Non-receipt of billing invoices does not exempt the CONTRACTING PARTY from the obligation to maintain timely payment of the RECURRING PAYMENTS on their respective due dates; it is the sole responsibility of the CONTRACTING PARTY, or another USER indicated by it, to request the resending of any invoice that may have been misplaced sufficiently in advance to pay it by the deadline.
3.3. If the CONTRACTING PARTY has opted to pay its RECURRING PAYMENTS, or any other additional service, through a third-party online payment provider, the CONTRACTING PARTY declares to be aware that payment information, notably credit and/or debit card numbers, as well as banking data, is information processed and stored only by its chosen payment provider, in the latter’s environment, and that the CONTRACTED PARTY does not have access to nor store such information. In this context, by accepting these Terms, the CONTRACTING PARTY authorizes the sharing of its registration data with the online payment provider chosen by the CONTRACTING PARTY, exclusively to ensure the correct billing process for the services provided by the CONTRACTED PARTY and/or one of its partners.
3.3.1. If the CONTRACTING PARTY continues to have an active REGISTRATION and makes the RECURRING PAYMENTS on time, the CONTRACTED PARTY will maintain the data and information of the USERS, whether representatives, employees, authorized persons, or, in the case of an Individual, the CONTRACTING PARTY itself, linked to the CONTRACTING PARTY’s REGISTRATION, for an indefinite period, as provided for in the legislation. However, if the CONTRACTOR remains with overdue payments for more than 5 (five) consecutive days, the CONTRACTOR will automatically be downgraded to a FREE PLAN and will only be able to use the tools of the chosen PREMIUM PLAN after settling all outstanding debts.
3.3.2 . If the CONTRACTING PARTY cancels its REGISTRATION, the procedures provided for in Clause 12 below must be followed.
3.4. If the CONTRACTING PARTY needs to terminate its REGISTRATION for any reason, the CONTRACTING PARTY will be solely and exclusively responsible for communicating this to the CONTRACTED PARTY by sending an email through the customer support channel. The request will receive a response within a maximum of 7 (seven) business days from its receipt.
3.4.1. In the event that a USER ceases to be linked to the CONTRACTING PARTY, it is the sole and exclusive responsibility of the CONTRACTING PARTY, or a USER it designates, to suspend and/or revoke the respective REGISTRATION. The CONTRACTED PARTY is hereby exempted from any responsibility or reimbursement due to delay in this withdrawal of authorization and/or exclusion.
CLAUSE 4 – CONTRACTING ADDITIONAL SERVICES FROM THE CONTRACTED PARTY OR THIRD PARTIES
4.1. The CONTRACTED PARTY may offer additional services – its own or those of third parties – that complement and expand the functionalities of the PLATFORM, with the CONTRACTING PARTY having the option to contract them or not at the time of REGISTRATION on the PLATFORM or at another opportunity.
4.1.1 Non-free additional services provided by the CONTRACTED PARTY will be charged according to the current PREMIUM PLAN price table and together with the RECURRING PAYMENT for use of the PLATFORM.
4.1.2. Non-free additional services provided by partners may be charged directly by them.
4.2. The CONTRACTED PARTY emphasizes that it is not the owner or contractor of additional services offered by any third parties and/or partners, regardless of whether they are integrated or will be integrated with the PLATFORM and/or are available for optional contracting by the USER. The CONTRACTED PARTY also has no employment relationship with them and is not responsible for the quality, condition, integrity, or legitimacy of the information imported and/or exported by/from third parties and/or partners of the CONTRACTED PARTY. In this sense, the CONTRACTING PARTY and the other USERS acknowledge and accept that when importing and/or exporting and/or using/contracting services from partners and/or third parties who have integration services with the CONTRACTED PARTY, they do so at their own risk, being solely responsible for all resulting obligations whether related to tax, labor, consumers, data protection, or of any other nature. In no case will the CONTRACTED PARTY be responsible for lost profits or any other damage and/or harm that the USER may suffer due to contracting these services from third parties and/or partners of the CONTRACTED PARTY. Therefore, USERS of the PLATFORM are aware and agree that, if the information they provide infringes any applicable rules and/or regulations, the USERS hereby exempt the CONTRACTED PARTY from any liability in this regard.
4.2.1. However, due to its legitimate interest, the CONTRACTED PARTY reserves the right to remove from its database any partners that do not meet the CONTRACTED PARTY’s standards of ethics, quality, and good faith. The CONTRACTED PARTY’s main concern is to provide a free and secure environment for managing commercial information between its CONTRACTING PARTIES and other USERS, and to obtain the USER’s full satisfaction in using the PLATFORM.
CLAUSE 5 – USER REGISTRATION
5.1. The CONTRACTING PARTY will provide the CONTRACTED PARTY with its registration data and when it is a Legal Entity will declare its representative, who is duly authorized to act on behalf of that company, being an employee or outsourced, by completing a specific form provided by the CONTRACTED PARTY through a specific link.
5.1.1. It is the sole and exclusive responsibility of the CONTRACTING PARTY to keep the USER REGISTRATION updated, with the CONTRACTING PARTY hereby exempting the CONTRACTED PARTY from any and all damage and/or harm that may arise from this lack of updating.
5.2. It is the responsibility of the CONTRACTING PARTY to be fully aware of the provisions of these Terms of Use, which must be accepted at the time of REGISTRATION and will remain available for consultation at any time via the link found directly on the PLATFORM.
5.3. The CONTRACTING PARTY is solely and exclusively responsible for all damage and/or losses that it, its employees, agents, and/or third parties under its responsibility may cause to the CONTRACTED PARTY or to third parties, including other USERS and/or CONTRACTING PARTIES of the PLATFORM. The CONTRACTING PARTY undertakes to reimburse the CONTRACTED PARTY for all expenses and losses that it incurs in the event of being sued for any acts or faults of its own, its agents, and/or third parties under its responsibility, in fulfilling its legal and/or contractual obligations.
5.4. Each USER must access the address of their exclusive registration environment as a CONTRACTING PARTY to update their REGISTRATION, providing all the required data (including, but not limited to: name, contact phone number, photo, including their identity registration number), and the USER is civilly and criminally responsible for the truthfulness of the information, including towards third parties.
5.4.1. In this regard, the CONTRACTED PARTY does not perform any checks on the information or profile of any USER who wishes to use the PLATFORM at the time of REGISTRATION, nor does it investigate the truthfulness of the information provided; this is the exclusive responsibility of the CONTRACTING PARTY.
5.5. Access to the PLATFORM as a USER will only be granted after they have been duly validated, whereby the CONTRACTING PARTY certifies to the CONTRACTED PARTY that the REGISTRATION was effectively carried out by a representative, employee, or outsourced contractor. In this way, the CONTRACTED PARTY is not responsible, in any way and under any circumstances, for improper use of the services or for the activities of validated USERS.
5.6. As it is necessary for security reasons to validate the CONTRACTING PARTY’s access, the CONTRACTED PARTY reserves the right to use all valid and possible means to identify its USERS. Therefore, the CONTRACTED PARTY may at any time, at its discretion and/or after receiving a complaint, request copies of documents from the USER to ensure the accuracy of the data. In these cases, the CONTRACTED PARTY may suspend the provision of services until the requested documents are received and is exempt from any liability or compensation to the USER and/or the CONTRACTING PARTY, if they are different entities.
5.6.1. If any data is verified by the CONTRACTED PARTY as being inconsistent with the documents presented, the USER will have a period of 2 (two) business days, counted from when a notification is sent to their REGISTRATION email, to make the necessary corrections, under penalty of having their access to the PLATFORM blocked until the REGISTRATION is regularized.
5.6.2. If the USER fails to make the requested corrections as described in the clause above, and without prejudice to other measures deemed necessary and appropriate, the CONTRACTED PARTY may temporarily or definitively warn, suspend, or cancel the REGISTRATION of a USER at any time, if it deems this necessary to protect its legitimate interests and those of its USERS.
5.6.3. The USER will not be entitled to any compensation due to blocking, suspension, cancellation, or receipt of a warning under the terms described above.
CLAUSE 6 – FREE PLAN, PREMIUM PLAN AND RECURRING PAYMENT
6.1 The RECURRING PAYMENT is the counterpart for providing the PLATFORM to the CONTRACTING PARTY’S USERS who have requested access to certain tools, only available through the subscription of a PREMIUM PLAN, with its value varying according to the chosen plan, which can be monthly or annual, paid in advance at the time of subscription.
6.1.1. The CONTRACTING PARTY expressly acknowledges that the amount of the RECURRING PAYMENT has been defined based on the price table, available at www.rediredi.com.
6.1.2. Changes in any circumstances concerning the CONTRACTING PARTY that lead to a change in the billing range will entail adjustments in the amount of the upcoming RECURRING PAYMENT, according to the table available at the link indicated in item 6.1.1 above.
6.2. The PLATFORM, aiming to comply with applicable consumer legislation regarding the right of withdrawal, grants the CONTRACTING PARTY the possibility to exercise their right of withdrawal and request the cancellation of their RECURRING PAYMENT to any PREMIUM PLAN within 07 (seven) consecutive days, counted from the billing date, in accordance with the legislation of the country of origin. If the CONTRACTING PARTY decides to cancel their RECURRING PAYMENT within the aforementioned period, any customization made by the CONTRACTING PARTY during the period will be permanently lost unless the data is exported before the end of the withdrawal period. After canceling the RECURRING PAYMENT of the PREMIUM PLAN, the plan will be downgraded to the FREE PLAN and will revert to the limitations established in this plan.
6.2.1. If the CONTRACTING PARTY notifies the CONTRACTED PARTY, within the aforementioned period, of their desire to exercise the right of withdrawal, the CONTRACTED PARTY will initiate the refund procedure for the amounts paid, which will be made within 07 (seven) business days from the receipt of said notification.
6.2.2. If, during the period for exercising the right of withdrawal, the CONTRACTING PARTY does not cancel the contracted PREMIUM PLAN, it shall be deemed that they wish to proceed with the contract, and the RECURRING PAYMENT shall be due as described herein, tacitly waiving their right of withdrawal and any rights related to the past, present, and future, concerning facts, obligations, and responsibilities directly or indirectly related to the right of withdrawal, having nothing further to claim, whether judicially or extrajudicially, at any time. REDIREDI hereby clarifies that the migration from one the PREMIUM PLAN to another, including to a FREE PLAN, does not grant the USER a new period of right of withdrawal.
6.3. At the end of the withdrawal period, the billing of the RECURRING PAYMENTS will commence, observing the value and payment method previously established and agreed upon at the time of contracting..
6.4. After choosing the RECURRING PAYMENT plan for access to the PLATFORM, the latter may redirect the USER to a Third-Party site for the PLATFORM’s partner payment methods, in order for the USER to register – if they are not already registered on said site – and to make the chosen RECURRING PAYMENT. If the PLATFORM is already fully integrated with a digital payment method, the USER may make the chosen RECURRING PAYMENT for access to the PLATFORM directly in this environment. Upon payment confirmation, access to the PLATFORM will be processed within 72 (seventy-two) hours.
6.4.2. If the USER has contracted a plan with a promotional discount, on the first anniversary of the contracting date, the RECURRING PAYMENT amounts will be automatically renewed at the current amounts, available at www.rediredi.com. The discounted RECURRING PAYMENT is only valid for the period specified, counting from the time of contracting, even if the USER makes the payment in advance and/or annually, for example. In this case, if the USER does not want automatic renewal, they must follow the procedures set out in Clause 6.4.3 below. If this cancellation is not made as provided herein, it is presumed that the USER has agreed to this automatic renewal of the RECURRING PAYMENT amounts at the current amounts, regardless of whether the payment is annual or monthly or another RECURRING PAYMENT.
6.4.3. If the USER does not want automatic renewal, they must announce this by email (support@rediredi.com) or directly on their REGISTRATION page. Their request will be implemented within 72 (seventy-two) hours. If the request is made after the RECURRING PAYMENT has been charged, it will only take effect from the next anniversary, with no reimbursement of any RECURRING PAYMENT already paid (although access to the USER’s REGISTRATION will only be blocked on the date of the next renewal, which has been canceled).
6.4.4. If the USER opts for the annual plan to take advantage of the discount on RECURRING PAYMENTS, they will have access to the content of their plan until the final date of their contract, i.e., the anniversary of the RECURRING PAYMENT. Payment in installments of the annual RECURRING PAYMENT plan or lump sum payment thereof is the USER’s choice with the Third Parties chosen as payment methods, and does not involve the PLATFORM. Therefore, in the event of cancellation before the anniversary of the RECURRING PAYMENT, i.e., before the period of 12 (twelve) months (in cases of annual contracting), the amounts already paid will not be refunded, not even pro rata.
6.5. Failure to duly make a RECURRING PAYMENT by its due date will result in the cancellation of any commercial discounts granted on the amount of the RECURRING PAYMENT. The CONTRACTED PARTY is entitled to suspend access to the PLATFORM to all USERS of the CONTRACTING PARTY until the latter pays the outstanding amounts. The CONTRACTED PARTY reserves the right to take the relevant judicial and extrajudicial measures to receive the amounts due.
6.5.1. If the CONTRACTING PARTY makes payment by credit card, the CONTRACTED PARTY will make 03 (three) attempts to charge the credit card specified, one every 3 (three) days. If the CONTRACTED PARTY is unable to duly charge the RECURRING PAYMENT, the services will be suspended automatically and the delay in payment of the RECURRING PAYMENT provided for in the heading of this Clause will entail the fine and interest provided for in item 6.5 above. The same applies in the case where the USER, having opted to make payment by bank slip, does not do so by its due date.
6.5.2. Without prejudice to the provisions herein, the CONTRACTED PARTY may consider these Terms rescinded, and block access to the PLATFORM, if the CONTRACTING PARTY remains in default for more than 30 (thirty) calendar days.
6.6. When canceling their REGISTRATION, the USER will have a period of 30 (thirty) days from the last day of access to the PLATFORM to export their data. After this period, the PLATFORM will no longer guarantee the availability of the USER’s data and the USER is aware that they have an obligation to maintain a physical backup of these files for the periods required by law, regardless of the services and/or products provided by the PLATFORM.
6.7. If the USER does not cancel their REGISTRATION, the RECURRING PAYMENT will still be due, always on the anniversary date of the contract, even if the REGISTRATION is blocked due to non-payment. To unblock their REGISTRATION and recover their information, the USER must pay all outstanding amounts, including for the period that the REGISTRATION was blocked, to reactivate their REGISTRATION and access their information.
6.8. If new taxes are created or the conditions for calculating and/or collecting existing taxes are changed, thereby impacting the current remuneration values, the resulting costs of such an impact may be passed on to the CONTRACTING PARTY and added to the current remuneration, in order to restore the economic-financial balance of the service provision.
CLAUSE 7 – USERS’ RESPONSIBILITY
7.1. The USER is obliged to keep their REGISTRATION updated at all times, being civilly and criminally responsible for the truthfulness of the information provided, including vis-à-vis third parties. In this sense, the CONTRACTED PARTY does not perform any checks on the information or profile of any USER using the PLATFORM, nor does it conduct any investigation into the truthfulness of the information provided, except as provided for in these Terms. Thus, the CONTRACTED PARTY is not responsible, in any way and under any circumstances, for the misuse of services or for USERS’ activities on the PLATFORM.
7.2. The LOGIN and PASSWORD that grant access to the USER’s REGISTRATION are for their personal and non-transferable use, for which reason the CONTRACTED PARTY is not responsible for any unauthorized manipulation of this information by third parties and the USER must therefore take all necessary measures to keep this information confidential.
7.2.1. The USER undertakes to immediately notify the CONTRACTED PARTY, by submitting a complaint directly to the CONTRACTED PARTY, regarding any unauthorized use of their account as well as unauthorized access thereto by third parties. The USER will be solely responsible for operations carried out on their account, since access thereto will only be possible by entering the PASSWORD, which is known exclusively to the USER.
7.3. The nickname the USER uses on the PLATFORM must not resemble the name REDIREDI. Nicknames considered offensive will also be deleted, as well as those containing the USER’s personal information or any URL or electronic address. The CONTRACTED PARTY reserves the right to refuse any registration request and to cancel a previously accepted REGISTRATION should it not comply with the policies and rules of these Terms.
7.4. The USER declares to be aware that they may only have one REGISTRATION in their ownership, therefore the CONTRACTED PARTY will not accept, under any circumstances, the REGISTRATION and/or new simultaneous LOGINS owned by the same USER (with the sole exception of a tolerance of a maximum of two simultaneous LOGINS owned by the same USER on two different devices), or the assignment/transfer of the respective account. For this purpose, the USER’s name, identity, and email address, among other data, are verified at the CONTRACTED PARTY’s discretion. If the USER needs to update any information in their REGISTRATION, they should simply update their REGISTRATION with the new data.
7.5. Inactivity of a REGISTRATION, characterized by the absence of any access thereto for a period of 2 (two) years, will lead to its suspension as a preventive security measure.
7.5.1. In the situation described in this clause, the PLATFORM will send a notification to the USER 5 (five) days before this period expires, so that due verification takes place to avoid unwanted suspension.
7.5.2. The CONTRACTED PARTY is exempt from any liability or compensation due to any suspension caused by a lack of verification referred to in the clause above.
7.5.3. To recover the REGISTRATION, the procedures indicated in the notification email must be followed.
7.6. However, if a USER ceases to be linked with the company they represent on the PLATFORM, it is their sole and exclusive responsibility, or that of another USER expressly authorized by this USER or the CONTRACTING PARTY, to suspend and/or revoke the respective REGISTRATION, hereby exempting the CONTRACTED PARTY from any liability or compensation due to a delay in this withdrawal of authorization and/or exclusion.
7.7. Personal and/or commercial information entered in the REGISTRATION of a particular USER will be accessible only to (i) the USER; (ii) the CONTRACTING PARTY to which they are directly linked and any administrative employees to whom the CONTRACTING PARTY may have delegated management prerogatives; and (iii) employees of the support area of the CONTRACTED PARTY and its partners, solely and exclusively to correctly provide the services covered by these Terms.
7.7.1. Therefore, by accepting these Terms or using the PLATFORM, the USER agrees and authorizes the sharing of this information within the PLATFORM, in order to correctly provide the services covered by these Terms.
7.7.2. The information referred to in this clause will only be provided to third parties other than those indicated in the above clauses in cases provided for by law or when fraud is detected, such as: identity fraud (use of false names and documents), forgery or incorrect use of services, in which cases the fraudster’s information (name, address, IP, etc.) may be provided to the injured party and the responsible authorities (including specialized police stations for combating crimes involving information technology and electronic fraud, or another police station specialized in cybercrime in the legal seat of the CONTRACTED PARTY and/or the place identified for the fraudster’s access), upon receipt of a judicial order to deliver said information, or if the CONTRACTED PARTY has a legitimate interest in protecting its interests and those of other USERS.
7.7.3. In this sense, the USER is already aware and agrees that, by inserting content, uploading files and personal and/or commercial information on the PLATFORM, through their LOGIN, they are solely and exclusively responsible for all information inserted there and for holding all necessary licenses and/or approvals from the holders for the use of said inserted content, especially intellectual property and image rights over the content inserted therein.
7.8. The PLATFORM is only available to persons who have the legal capacity to use it. Therefore, individuals who do not have this capacity, including minors, or persons who have been temporarily or definitively barred from the PLATFORM for any violation of these Terms, are warned of the legal sanctions for civil liability.
7.8.1. Minors’ information may not be submitted to the PLATFORM, and it is strictly forbidden for minors to browse and use the PLATFORM. With the acceptance of these Terms, it will be tacitly understood that if any minors’ information is verified, consent has been given by the parents or guardian, who will be exclusively responsible for the content accessed and/or published by the minors, for their activities on the PLATFORM, and for the minors’ information inserted on the PLATFORM.
7.9. The USER will be responsible for the use of the services made available on the PLATFORM provided in these Terms and will observe all applicable national, state, and municipal laws, decrees and regulations in force, the Security and Privacy Standards, and the Policies published and disclosed on its PLATFORM by the CONTRACTED PARTY and its commercial partners.
7.10. The USER will be entirely responsible for ensuring that the configuration of their equipment fully meets the minimum requirements necessary to make use of the services offered by the PLATFORM, with the latter being free and exempt from any liability arising from non-compliance with the provisions of this clause.
7.11. The CONTRACTING PARTY is solely and exclusively responsible for all damage and/or accidents that its USERS, its employees, agents, and/or third parties under its responsibility may cause to the CONTRACTED PARTY or third parties, and undertakes to reimburse the CONTRACTED PARTY for all expenses and losses that the latter incurs in the event of being sued for any acts or faults of the CONTRACTING PARTY, its agents, and/or third parties under its responsibility, in compliance with its legal and/or contractual obligations.
7.12. Although it is possible to use the PLATFORM from any part of the world, the CONTRACTING PARTY and its USERS declare to be aware and to agree that, regardless of the location from which the PLATFORM is accessed, the relationship between the USER and the CONTRACTED PARTY will always and in any case be subject to the legislation of the Federative Republic of Brazil.
CLAUSE 8 – PROHIBITED PRODUCTS AND PRACTICES
8.1. It is expressly prohibited by these Terms, other policies of the CONTRACTED PARTY, or by current law, for the USER to insert and/or manipulate any information on the PLATFORM that contains data, images and/or captions involving, or that advocate for: (i) any illicit activities, promoting violence and/or discrimination based on race, sex, religion, nationality, sexual orientation, or any other type, and/or prohibited to the community; (ii) stolen, burgled, or embezzled property, or that of any illicit origin, such as smuggling, counterfeiting, or tampering; (iii) content or files containing viruses, programs, or codes that can damage and/or steal data, information, or the operation of other computers, or any attempt to exploit, track, or test vulnerabilities of the PLATFORM’s system and/or circumvent any security and/or authentication measures; (iv) content that falsifies, omits, or simulates IP, network, or email addresses, in an attempt to hide the identity and/or authorship of the offenders; (v) activities that violate intellectual property laws, such as unauthorized copies, use of images or texts without the author’s permission, whether trademarks, replicas, and/or forgeries; and (vi) any other activities, products, and/or services prohibited by current legislation, and/or that are characterized as criminal offenses or misdemeanors.
8.1.1. In this regard, it is the exclusive responsibility of the CONTRACTING PARTY to ensure the legality of the activities of the USER(S) in general. The CONTRACTED PARTY assumes no responsibility for their existence on the PLATFORM, and may exclude USERS who do not comply with the restrictions described in these Terms, independently of prior notice and/or any compensation. Therefore, the USER will be solely and exclusively responsible towards the CONTRACTED PARTY or third parties for a transgression of this rule that leads to infringing third parties’ intellectual rights, with the CONTRACTED PARTY being exempt from any liability towards the holder of these rights.
8.1.2. The CONTRACTED PARTY emphasizes that it is neither the owner nor the seller of the products and/or services to be offered by USERS in the VIRTUAL STORES and/or MARKETPLACES integrated into the PLATFORM, regardless of whether they are registered on the PLATFORM. The CONTRACTED PARTY also has no employment relationship with these USERS and is not responsible for the quality, condition, integrity, or legitimacy of the information imported and/or exported by/from third parties, by the CONTRACTED PARTY and/or by the CONTRACTED PARTY’s USERS. In this sense, the CONTRACTING PARTY and other USERS acknowledge and accept that they use the PLATFORM at their own risk and are solely responsible for all resulting obligations, whether related to tax, labor, consumers, crime, data protection, or of any other nature. In no case will the CONTRACTED PARTY be responsible for lost profits or any other damage and/or harm that the USER, the CONTRACTING PARTY, and/or third parties may suffer due to the use of the PLATFORM. Therefore, the USERS of the PLATFORM are aware and agree that, if the information inserted there or the actions taken infringe any rule and/or regulation that may be applicable to the USER’s activity, they hereby exempt the CONTRACTED PARTY from any liability for their activity.
8.1.3. In the event of a judicial summons involving the CONTRACTED PARTY as a defendant, based on the actions of a USER, individually or in conjunction with a partner or third party, the CONTRACTING PARTY will be called to the proceedings, as well as another USER of the PLATFORM if the CONTRACTED PARTY deems it necessary, and must bear all burdens arising therefrom.
8.1.3.1. Although the CONTRACTED PARTY does not act as a party in the validations of USERS of the PLATFORM, whose responsibility lies solely and exclusively with each CONTRACTING PARTY in presenting the respective documentation and declaring for the due purposes and effects that they are true, the CONTRACTING PARTY is aware and agrees that in order to protect the correct use of the PLATFORM and provide high-quality services, the CONTRACTED PARTY may, at its sole discretion, decide to exclude a USER from the PLATFORM, without any refund or compensation, if it is verified that fraudulent activities or activities contrary to these Terms are being carried out.
8.2. USERS may also not, among other actions provided for in these Terms: a) manipulate the prices of plans and/or information of the CONTRACTED PARTY and/or other USERS; b) assault, slander, insult, or defame the CONTRACTED PARTY and/or other USERS by any means available for communication among USERS; c) use any robot, search engine, website search/retrieval application, or other devices to retrieve or index any part of the CONTRACTED PARTY’s services or collect information about USERS for any unauthorized purpose; d) send content with deceptive advertising claiming that such content is sponsored or endorsed by the CONTRACTED PARTY; e) create USER accounts through automated means or with false or fraudulent intentions; and f) transmit any viruses, worms, bugs, Trojan horses, or any items of a destructive nature. These types of behavior may be sanctioned with the suspension or cancellation of their REGISTRATION as a USER of the PLATFORM, without prejudice to legal actions that may occur due to the constitution of crimes or misdemeanors or the civil damage they may cause to USERS.
8.2.1. In this sense, and without prejudice to other measures, the CONTRACTED PARTY may temporarily or definitively warn, suspend, or cancel a USER’s REGISTRATION, at any time, initiating the appropriate legal actions and/or suspending the provision of its services if: a) the USER does not comply with any provision of these Terms and other policies of the CONTRACTED PARTY; b) the USER fails to comply with their duties as a USER; c) the USER commits fraudulent or malicious acts, which may provoke criminal, illicit, dysfunctional, or morally reprehensible actions, or that aim to interfere with the functioning and quality of the PLATFORM and/or any of the tools available; or d) the USER’s identity cannot be verified or any information they provide is incorrect.
8.3. If the CONTRACTED PARTY receives any complaints and/or verifies irregular activities on the PLATFORM carried out by a USER of the CONTRACTING PARTY, the CONTRACTED PARTY may at any time suspend the provision of services to that specific USER, notifying the CONTRACTING PARTY and requesting the necessary clarifications. Access to the PLATFORM will remain blocked until the facts are clarified. If this does not occur and the CONTRACTED PARTY deems it necessary to protect its interests and/or those of its other clients, it may suspend or definitively cancel said USER, notifying the CONTRACTING PARTY of such suspension and/or cancellation, without prejudice to other measures it deems necessary and appropriate. The CONTRACTED PARTY is exempt from any liability or compensation to the CONTRACTING PARTY or the USER.
8.3.1. If the CONTRACTED PARTY receives a judicial request to provide information about a USER of the CONTRACTING PARTY, the CONTRACTED PARTY is obliged to notify the CONTRACTING PARTY of this as soon as possible, presenting copies of the legal instruments in question. The same procedure will be adopted if there are additional measures, such as a temporary blocking order and/or definitive exclusion of the USER in question. Any blocking and/or exclusion will not entail any type of compensation or indemnification for the claimant, with the CONTRACTED PARTY being exempt from any liability.
8.4. With the aim of ensuring good service, the prevalence of good faith, and constitutional principles of loyalty and security in communications between USERS, as well as the veracity of the information made available on the PLATFORM, the CONTRACTED PARTY will seek to remove those who do not comply with these principles from its USER base. If the CONTRACTED PARTY verifies or suspects that a USER is violating any specific condition of these Terms or its actions are considered an illegal activity, besides the protective measures already described in these Terms such as the cancellation of said REGISTRATION, the infringing USER’s data will be forwarded to the corresponding authorities for them to take the appropriate judicial measures.
CLAUSE 9 – PERSONAL INFORMATION COLLECTED BY THE PLATFORM
9.1. The PLATFORM utilizes “cookies,” “pixel tags,” and “web beacons” (data on the computer, tablets, cell phone(s), or any other mobile devices of the USER) in order to correctly identify the USER and to improve the quality of information offered to USERS on the PLATFORM. Regular use of cookies is an accepted industry practice as it allows important information to be stored, such as the USER’s access to the PLATFORM system, so that repeated or outdated content is not subsequently presented. If the USER does not wish to receive cookies, or if they want to be notified before cookies are used, they should use their discretion to set their web browser with these options, if it has this feature.
9.2. In addition to personal information provided by the USER, the PLATFORM has the technological capacity to record other technical information, such as the USER’s Internet protocol address, the operating system of the computer, tablet, or cell phone, the type of browser, and the address of reference websites, plus other information that is relevant to the operation of its services and security protection but respects the USER’s privacy and individuality and complies with the terms and limits of international personal data protection laws.
9.3. As previously determined, the PLATFORM will not provide the USER’s information to third parties without the USER’s prior authorization, except in cases where the CONTRACTED PARTY already has authorization to share it, as per these Terms.
9.3.1. The situations in which the CONTRACTED PARTY may provide the USER’s data are: (i) in response to requests from government entities, duly supported by the pertinent judicial order, and/or (ii) for the purpose of responding to complaints that content submitted to the PLATFORM infringes third-party rights, i.e., to protect the rights, property, and/or security of said PLATFORM, the CONTRACTED PARTY, its USERS, and/or the general public, based on its legitimate interest. Thus, by this instrument, the USER and the CONTRACTING PARTY, by accepting these Terms, authorize the CONTRACTED PARTY to disclose this personal information for the above-mentioned purposes.
9.4. The USER’s personally identifiable information provided to the CONTRACTED PARTY during use of the PLATFORM is collected and stored to allow continuous use of the PLATFORM and to improve technical support for USERS.
9.4.1. Furthermore, the contact information provided is necessary to notify USERS of new developments and updates of services from the CONTRACTED PARTY or its partners, provided that the USER has explicitly requested or allowed such sending (opt-in protocol).
9.4.2. However, the CONTRACTED PARTY is not responsible for the custody or conservation of its USERS’ personal data when accessing third-party links, with the USER being solely responsible for checking the corresponding privacy policy. The responsibility for the custody and conservation of personal data of the CONTRACTED PARTY’s USERS is limited only to the data that are collected, identifiable, and/or anonymized in order to correctly provide the services through the use of the PLATFORM, as per the law.
9.4.3. Other additional information collected by the PLATFORM that does not personally identify the USER, such as the analysis of each USER’s browsing pattern, will be used by the CONTRACTED PARTY in the manner it deems most appropriate to continuously improve the quality and safety of its services, to map market information, and to feed usage statistics for the PLATFORM.
9.5. The CONTRACTED PARTY may, at its discretion, examine the information stored in its databases for the purpose of identifying USERS with multiple identities or pseudonyms for legal and/or security purposes.
9.6. At its discretion, the CONTRACTED PARTY may make use of the information stored in its databases, as described above, for a reasonable period, without exceeding legal requirements or limitations, to resolve any disputes, solve problems, and ensure the CONTRACTED PARTY’s rights, as well as the terms and conditions of the Privacy Policy.
9.7 Through registration, use, and provision of information to the PLATFORM, the USER expressly accepts these Terms and the conditions set forth in the Privacy Policy regarding the use of their information.
9.8. If the USER does not agree with these Terms and proceeds to cancel their REGISTRATION, their data will be removed from future consultation; however, the CONTRACTED PARTY will still keep some information, solely and exclusively to meet the legal requirements to which it is subjected, within the limits of data protection laws, and will provide it only under judicial order.
9.8.1. In this sense, the USER can cancel their REGISTRATION on the PLATFORM through the PLATFORM itself or by sending a request to its administrators by email via support@rediredi.com.
9.9. The use of any device, software, or other resource that interferes with the PLATFORM’s activities and operations, as well as its database or its USERS’ accounts, is not allowed. Any intrusion, attempt, or activity that violates or goes against intellectual property laws and/or the prohibitions stipulated in these Terms, including unauthorized copies, reverse engineering, and/or modifications that may create derivative works, will make the responsible party liable to relevant legal actions, the sanctions provided herein, and indemnification for any damage caused.
9.10. In case of doubts about personal data protection, or to obtain more information about personal data and the exceptional cases in which the confidentiality stipulated in this clause may be broken, the USER can contact the CONTRACTED PARTY through the service channels made available on the PLATFORM.
CLAUSE 10 – RESPONSIBILITIES AND THE SCOPE OF SERVICES
10.1. The CONTRACTED PARTY will provide the CONTRACTING PARTY with sets of USER functionalities of the PLATFORM, according to the contracted plan. As the CONTRACTED PARTY is merely an online platform for information management, it depends solely and exclusively on the CONTRACTING PARTY and/or persons authorized by the latter to validate the veracity of their registration information; the CONTRACTED PARTY has no responsibility for the information and data posted on its PLATFORM.
10.1.1. The CONTRACTING PARTY declares to be aware of the conditions of use of the PLATFORM and will not hold the CONTRACTED PARTY responsible for the existence of false and/or untruthful information inserted thereon by the CONTRACTING PARTY itself or other USERS of the PLATFORM. Thus, the CONTRACTING PARTY and the USERS, by accepting these Terms, are aware that they cannot file any legal action against the CONTRACTED PARTY if they suffer any damage of any form and nature resulting from the use of the information present on the PLATFORM.
10.2. The CONTRACTED PARTY is not responsible for any damage, loss, or harm to the USER’s equipment caused by system, server, or Internet failures arising from third-party actions, unforeseeable circumstances, or force majeure. The CONTRACTED PARTY will also not be responsible for any virus that may attack the USER’s equipment as a result of accessing, using, or browsing the PLATFORM via the Internet, or as a consequence of data transfer. USERS cannot attribute any responsibility to the CONTRACTED PARTY nor demand payment for lost profits due to technical difficulties or failures in the systems or on the Internet. Occasionally, the PLATFORM may not be available due to technical reasons or Internet failures, or due to any other fortuitous event or force majeure beyond the CONTRACTED PARTY’s control.
10.3. The CONTRACTED PARTY’s services are of means and not of end. Therefore, the CONTRACTED PARTY will not be responsible for the execution of any transaction, but will make its best efforts in an attempt to prevent any fraud or bad faith by third parties through the PLATFORM.
10.4. The CONTRACTING PARTY will indemnify the CONTRACTED PARTY, its subsidiaries, controlled or controlling companies, directors, administrators, collaborators, representatives, and employees for any lawsuits brought against the CONTRACTED PARTY, regardless of their nature, arising from its activities with other USERS on the PLATFORM, whether due to non-compliance with these Terms and other policies of the CONTRACTED PARTY, or due to the violation of any law or third-party rights, including attorney’s fees.
10.5. As already determined earlier, in the case of a judicial summons involving the CONTRACTED PARTY as a defendant, based on actions of the USER(S) and/or the CONTRACTING PARTY, the latter will be called to the proceedings and must bear all burdens arising therefrom.
10.6. These Terms do not generate any partnership, mandate, franchise, or employment relationship between the CONTRACTED PARTY and the CONTRACTING PARTY and the other USERS. Thus, the CONTRACTED PARTY is not responsible for the labor and/or tax obligations that apply to the activities of the CONTRACTING PARTY and its USERS.
10.7. Each party will bear its respective fiscal and parafiscal taxes, fees, and contributions, including those of a social security, social and labor nature, as well as emoluments, burdens, or charges of any kind, arising from the execution of these Terms and the fulfillment of their subject. This execution expressly does not entail, demonstrate, and/or aim to establish any employment relationship between the employees of each of the Parties, so that each of the Parties “per se” will be liable before the judiciary or competent authority for any lawsuits filed by its employees, officials, and proxies or also for tax debts individually contracted by each of the Parties (“Lawsuit”).
10.7.1. In the event of a Lawsuit, the responsible party will present itself in court or to the competent authority as responsible for the Lawsuit and shall take all available and/or necessary measures to keep the innocent party free from any damage and/or liability that are not attributed to it or that have not given cause.
10.8. In cases where one of the Parties or its agents, employees, controlling companies, controlled companies, affiliates, or any companies linked to it are convicted and/or held responsible for joint or several liability as a consequence of these Terms, whether in administrative or judicial spheres, the other party responsible for the Lawsuit is obliged to reimburse it for the amounts stipulated in the conviction as well as the costs and expenses of the proceedings that are reasonably incurred and regardless of judicial action for receipt.
10.8.1. The obligation to indemnify referred to in item 10.8 above does not cover cases where one of the Parties has concurrent fault in the Lawsuit.
10.9. By adhering to these Terms, the CONTRACTING PARTY authorizes, expressly and henceforth, the free use of its brand and company name, with the indication that it is a client of the CONTRACTED PARTY, in any and all marketing campaigns of the CONTRACTED PARTY for the duration of each of these campaigns.
10.10. The CONTRACTED PARTY will not under any circumstances be responsible for any direct or indirect damage resulting from the use of the description of any and all products generated by artificial intelligence available on the PLATFORM, such as ChatGPT, among others (“AI”); the CONTRACTING PARTY is henceforth aware and agrees that AI can produce inaccurate and inconclusive results, and the CONTRACTING PARTY should review and correct any error related to the information obtained through said artificial intelligence.
10.11. In this logic, the CONTRACTING PARTY declares and assumes that, considering that AI is a technological artifice for rapidly detailing products, and may violate the rights of third parties, contractual provisions, privacy policies, copyright, and confidentiality agreements, the CONTRACTING PARTY is solely and exclusively responsible for any and all burdens resulting from the use of information derived from AI, exempting the CONTRACTED PARTY from any obligation in this regard.
10.12. If the use of AI causes harm to third parties and/or infringes the Brazilian legal system or any principle safeguarded by it, the Parties agree to do their utmost and act in good faith to adopt resolution practices, including those provided for in Clause 15.5, to mitigate any bias, confusion, or misunderstanding regarding the information generated, which must be fair, impartial, and without any discriminatory practice.
CLAUSE 11 – DURATION AND VALIDITY
11.1. These Terms have an indefinite duration and come into effect on the date of their acceptance. However, either party may terminate the provision of services under these Terms at any time through formal communication to the other party with at least 60 (sixty) days’ notice, except for RECURRING PAYMENT of an annual plan, in which case the PLATFORM will be accessible until the end of the contracted time.
11.1.1. The CONTRACTING PARTY must maintain regular payments of its obligations until the effective end of the service provision under these Terms, and settle any existing debts (costs, expenses, operational charges). Voluntary termination of these Terms by the CONTRACTING PARTY can only occur if there are no outstanding debts to the CONTRACTED PARTY, and the billing of new RECURRING PAYMENTS will cease after the end of the notice period provided for in Clause 11.3 above.
11.2. RECURRING PAYMENTS may be automatically adjusted in January each year or in a shorter period if allowed by law, counted from the time of contracting, according to the IPCA or IGPM, whichever is higher; or, in the absence thereof, with the index that replaces it, independently of prior notification to the CONTRACTING PARTY.
11.3. These Terms may also be terminated, by right, independently of any prior judicial or extrajudicial notification or summons, in the following cases: (a) proven breach of any of their provisions, by either party, in a way that impedes their purpose from being pursued; (b) if any USER of the PLATFORM and/or the CONTRACTING PARTY in any way compromises the public image of the CONTRACTED PARTY and/or any company associated with it in the provision of services under these Terms; (c) if any USER engages in practices that disrespect the law, public order, morals, good customs, or these Terms and the security and privacy policy; and (d) for non-payment of one or more of the RECURRING PAYMENTS related to the provision of services under these Terms, if the CONTRACTED PARTY deems it convenient and as long as the period stipulated in Clause 6.5.1 above is observed.
11.3.1. If there is any outstanding installment and/or amount, the termination of this instrument under the terms of item 11.2 “(d)” above will not release the CONTRACTING PARTY from this burden, which must be paid in full plus interest and monetary correction, as applicable.
CLAUSE 12 – INTELLECTUAL PROPERTY
12.1. The commercial use of the word “REDIREDI” as a trademark, business name, or domain name, as well as the contents of the screens related to the services available on the PLATFORM, and likewise the programs, content, databases, networks, and files that allow the USER to access and use their account, are the property of the CONTRACTED PARTY and are protected by international laws and treaties on copyright, trademarks, patents, models, and industrial designs. Unauthorized and partial or total reproduction of this content is prohibited, except when expressly authorized by the CONTRACTED PARTY.
12.2. The PLATFORM may connect the USER to other Internet sites, which does not mean that these sites are owned or operated by the CONTRACTED PARTY. As it has no control over these sites, the CONTRACTED PARTY will not be responsible for the content, practices, and services offered on them. The presence of links to other sites does not imply partnership, supervision, complicity, or solidarity of the CONTRACTED PARTY with these sites and their content.
12.3. Reproduction, display, distribution, and/or modification of any of the materials, services, and content of the PLATFORM must be expressly authorized by the CONTRACTED PARTY, as the mere use of the PLATFORM by the USER does not in any case imply the assignment or transfer of rights over its intellectual property or that of third parties.
CLAUSE 13 – MODIFICATIONS TO THESE TERMS
13.1. The CONTRACTED PARTY may at any time change the conditions of these Terms with the aim of improving them and enhancing the services provided. The new conditions will be mandatorily disclosed to all USERS and will come into effect 10 (ten) days after their publication on the PLATFORM. Therefore, if the USER does not agree with the published modifications, they must immediately cease using the PLATFORM and proceed to delete their information, according to the procedures described in these Terms. In this case, the CONTRACTING PARTY’s relationship with the CONTRACTED PARTY will cease to exist, provided there are no outstanding accounts or debts as per item 11.1.1 above. If the USER does not protest within the stipulated period, they will be understood to tacitly accept the new conditions of the Terms, which will continue to bind the parties.
CLAUSE 14 – USER SUPPORT AND SERVICE LEVELS
14.1. The PLATFORM will be available to the USER 24 (twenty-four) hours a day, 7 (seven) days a week, with a service level of at least 99% (ninety-nine percent) of the availability time, except for (i) regular maintenance, which will be previously announced via communication on the PLATFORM itself; (ii) problems with data centers, which are outsourced; (iii) failure in the Internet connection, whose provider is contracted by the CONTRACTING PARTY; and (iv) unforeseeable circumstances and force majeure.
14.2. The CONTRACTED PARTY will not be held responsible for errors, interruptions, malfunctions, delays, or other imperfections that may arise in the services, which may occur in the field of computing, and does not guarantee in any way an uninterrupted and/or error-free service, except as provided for in Clause 14.1 above.
CLAUSE 15 – GENERAL PROVISIONS AND ARBITRATION
15.1. The USER expressly accepts that the CONTRACTED PARTY and/or any of its partners will send its USERS email, SMS, or WhatsApp messages (or other digital communication tools) of an informative nature, related to specific communications inherent to the services provided under these Terms, and of a commercial nature, including offers from the CONTRACTED PARTY’s partners and news on the PLATFORM, among other information. If the USER no longer wishes to receive such messages, they may request such mailing be cancelled through the PLATFORM or via the link in the email received.
15.2. In order to maintain and meet the latest market requirements and technological developments, the CONTRACTED PARTY may at any time alter, at its discretion, in terms of both form and content, suspend or cancel, at its sole discretion, any of the services, products, utility, or application provided by itself or by third parties, upon prior notice to the USER, including regarding the services available on the PLATFORM, provided under the terms of these Terms.
15.3. The CONTRACTED PARTY’s tolerance towards the CONTRACTING PARTY’s USERS regarding non-compliance with any obligations assumed herein will not be considered novation or waiver of any right but constitutes mere discretionary tolerance, which will not prevent the CONTRACTED PARTY from subsequently demanding faithful compliance with the conditions set out in these Terms at any time.
15.4. No USER may transfer their REGISTRATION to third parties or other USERS. On the other hand, the CONTRACTED PARTY may, independently of any notice or notification, transfer the PLATFORM services, in whole or in part, to partner companies or its economic group at any time.
15.5. All items of these Terms are governed by the laws in force in the Federative Republic of Brazil. All matters relating to their interpretation and compliance and any dispute arising from or related to these Terms and the services set out therein, even after their eventual termination, may be resolved by arbitration, subject to ratification of the terms below in a specific arbitration commitment or another form of express acceptance of the arbitration request made by one of the parties.
15.5.1. The arbitration will be conducted according to the rules of ArbiOn (www.arbion.com.br) in force on the date the request for arbitration is submitted, with subsidiary application of Federal Law 9,307 of September 23, 1996 and the New Brazilian Civil Procedure Code. If ArbiOn is inoperative, the parties may, by mutual agreement, appoint another arbitration chamber, observing the place of arbitration set out in Clause 15.5.2. The arbitral tribunal shall be constituted by 1 (one) arbitrator, jointly appointed by the Parties. If there is no consensus of the Parties in choosing the arbitrator, the arbitrator will be appointed by the president of ArbiOn.
15.5.2. The place of arbitration will be the city of Rio de Janeiro – RJ – Brazil, and the language of arbitration will be Portuguese.
15.5.3. The arbitrators’ decision will be final and binding, constituting a judicial enforceable title.
15.5.4. In the event that there is disagreement between the parties and the conflict is resolved with an arbitral award, the costs and expenses arising from the arbitration procedure will be borne by the losing party.
15.5.5. To the fullest extent permitted by law, the arbitral procedure and the arbitral award must be kept confidential by the Parties.
15.5.6. With the express acceptance referred to in Clause 15.5 above for the establishment of arbitration, by accepting these Terms the Parties are guaranteed the right to seek judicial assistance: (i) to obtain incidental protective measures of rights, prior to the institution of arbitration, and any action in this sense shall not be interpreted as a waiver of the arbitral procedure; or (ii) to enforce the arbitrators’ decision, including the arbitral award.
15.5.7. If the Parties seek judicial assistance for the purposes of Clauses 15.5.6, they hereby elect as competent the court of the city of Rio de Janeiro – RJ, Brazil.
CLAUSE 16 – FINAL DECLARATIONS
16.1. The USER expressly declares and agrees: a) to be over 18 (eighteen) years old and to have legal capacity or, if under 18 (eighteen) years old, to have express consent from their parents or legal guardians; b) to install and keep updated anti-spyware, antivirus programs, and others that prevent violation of the system used to access the PLATFORM; c) not to use the services covered by these Terms for any illicit transactions or purchase or sale of illicit products and/or services; d) to recognize that these Terms are formalized, binding the Parties, upon the USER’s electronic acceptance thereof by clicking on the “I Accept the Terms of Use” button; e) that they have read and are aware of and fully agree with all the terms and conditions of these Terms, for which reason they accept them freely and voluntarily.
16.2. Thus, in view of the clauses of these Terms, the USER fully agrees with these provisions, undertaking to respect the conditions set forth herein irreversibly and irrevocably, and to use the services offered to them in a beneficial and legal manner.