NOTIFICATION POLICY ON VIOLATIONS OF INTELLECTUAL PROPERTY RIGHTS

Hotmart respects intellectual property rights of others and expects that everybody also respects each other’s rights and Hotmart’s.

It is Hotmart’s policy to follow, besides the Brazilian law in force, the standards created by the Digital Millennium Copyright Act (DMCA) to handle situations related to the breach of intellectual property rights.

Therefore, if you are protected by intellectual property rights or the legal representative of someone who is entitled to it and considers that any Content promoted at Hotmart breaches your rights, having enough material elements to prove this violation, you can send a notification through the email suporte@hotmart.com, according to the requirements below and providing the following information:

Signature, in person or electronic, of the owner of the right or the person authorized to act in behave of the legal owner of the intellectual property right(s) allegedly breached;

Identification of the work(s) protected or right allegedly breached, or the intellectual rights allegedly breached;

Indication of the location of the Content allegedly in breach that wants removed, or whose access wishes is deactivated, providing the URL(s);

Sufficient information to allow Hotmart to identify and contact you, such as full name, digital copy of ID and tax documents, address, phone number, and email address;

Clear information of the profile of the user responsible for the alleged content in breach, to allow Hotmart to notify the user;

Statement that the usage of the material in the way contested was not authorized by the owner of the right, by his legal representative, nor by law; and

Statement that the information presented in the notification is necessary and that you are the owner (or authorized to act in his name) of the legal owner of the intellectual property right(s) that is allegedly breached.

It’s important that your notification is complete and complies with the abovementioned requirements to be considered valid. If you leave out any of the requested requirements, the notification will not be considered valid to be analyzed by Hotmart and you will receive a message from us to complete and resend it for analysis. Accordingly, the notification should be sent through the correct means of communication. Notifications sent to different channels than the ones indicated will not be analyzed by Hotmart.

It is important to emphasize that the notification will not be considered anonymous, nor confidential, whereas its content and identification of the Notifier will be shared with the recipient of the notification in order to be allowed to him the opportunity to present a response/defense. Notifications against allegedly violations of intellectual property rights are extremely serious and may have impacting developments for third parties concerning their responsibility and rights, especially of the notified. Be reminded that a notification without cause can produce serious consequences, including criminally, regarding the responsibility of the Notifier towards the information conveyed.

Therefore, by sending a notification, you agree to be exclusively responsible for all and any damages eventually caused to the recipient of the notification, to Hotmart, and/or third parties, including in which refers to the possible preventive block of the notified content. Once that due to the notification presented and aiming to avoid damages or violation to rights of third parties, the Content subjected to this notification will be preventively blocked until the parties involved (Notifier and Recipient of the notification) settle the dispute in or out of court.

For this reason, you, Recipient of the Notification, recognizes and agrees that Hotmart is not responsible for possible losses arising from the preventive block, once this procedure is only used pursuant a valid notification presented by the Notifier and has as sole purpose to avoid the violation of rights of third parties. If, at the end of the procedure, the notification is ruled to be untrue by the Court, the Notifier is the sole and exclusive responsible for possible damages caused to the Recipient of the Notification, who will always have the right to pursue the applicable measures towards the Notifier, to regain or recompose damages that prove to be caused, exempting Hotmart from any civil or criminal liabilities.

If you, Recipient of the Notification believes that your Content that was preventively is not in any violation, or if you have the legal permission of the legal owner of the intellectual property, his representative, or is acting according to the law to promote the Content, you can send a counter-notification to the notification you’ve received through the email soporte@hotmart.com, which must contain the following information:

In-person or electronic signature on all the documents listed below, including the counter-notification sent;

Identification of the Content preventively blocked and the location where this Content had featured before being preventively blocked;

Statement that you believe that the Content does not violate the rights of the Notifier, being preventively blocked/or suspended from a misunderstanding or misinterpretation of the Content, as well as, if it is the case, proof that you are the rightful owner of the intellectual property right over the Content blocked and/or has the authorization of the owner of such rights for its use and operation;

Name, ID Document, date of birth, address, phone number, and email address;

Statement that accepts the same jurisdiction as Hotmart’s;

Statement that he will receive the service of process from the person who presented the notification about alleged infraction;

Statement that he is aware that Hotmart does not have powers to decide a matter of this nature, which must only be settled by the parties, in the form of a settlement or in Court, reason for which ISEMPTS Hotmart of any civil or criminal responsibility arising from the blockage required by the Notifier.

When receiving a counter-notification, through the proper channels, Hotmart will send a copy of the counter-notification to the original Notifier, informing that the Content preventively blocked could be put back on the website within ten (10) business days, once the Recipient of the Notification insists on the lawfulness of his actions, and claiming to have proof. If the legal owner of the intellectual property rights does not file a suit requesting a court order against the Notifier (User Producer of the Content), the Content preventively blocked could run again within ten (10) business days from the receiving of the counter-notification, at Hotmart’s sole will.

It is important to point out that, by sending a counter-notification, you accept to be exclusively responsible for all and any damages that may be cause to the Notifier and/or third-parties, including referring to the release of the content preventively blocked, once that, due to the counter-notification regularly presented, the Content denounced can be preventively released by Hotmart, until the parties involved (Notifier and Recipient of the Notification) settle the matter in or out of court.

Therefore, you, Notifier, recognize and agree that Hotmart is not liable for eventual losses arising from the release of the content preventively blocked, once this procedure will only be adopted due to counter-notification regularly presented by the Recipient of the Notification and has as its sole purpose to avoid the violation of rights of third-parties. If, at the end of the procedure, the counter-notification is ruled without merit by the Court, the Recipient of the Notification is the sole and exclusive responsible for damages that may have been caused to the Notifier, who shall always have the prerogative to adopt the applicable measures, in face of the Recipient of the Notification, due to damages proved, exempting Hotmart, in any case, of civil or criminal responsibility.

It is important to emphasize that in the case of a counter-notification not being presented within ten (10) business days from the date of the notification, the facts indicated in the notification will be considered truthful and the preventive block will hold and may be converted in a definitive block of the Content.

If the parties involved cannot settle the matter out of court and/or during the process regulated by the present Policy, the Content will remain blocked, unless a court order otherwise is received.