TERMS OF USE - HOTMART

These Terms of Use govern the use of the technological tools in the HOTMART PLATFORM

The acceptance of these Terms of Use conditions a non-exclusive use of the technological tools contained within the HOTMART PLATFORM to the USERS. These technological tools are licensed the manner in which they are provided, and may be modified, substituted or removed from the HOTMART PLATFORM without previous notice. The compliance to these Terms of Use is indispensable to the legitimate use of such tools.

The USER expressly declares that he or she is aware of and in acceptance with the Terms of Use of the HOTMART PLATFORM, including Privacy Policies and Copyright, and, although presented in separate documents, are an integral part of these Terms. The use of the technological tools contained within HOTMART not in accordance with the following terms may lead to the suspension of the account or the cancellation of the USER’s registration, the consequent and immediate termination of previously existing license to use and other eventual sanctions, as detailed below.

PROVIDER OF TECHNOLOGICAL TOOLS AND SERVICE PROVIDER

The technological tools contained within the HOTMART PLATFORM are provided by HOTMART B.V., a Dutch company, based in Brouwer 1, 5521 DK, Eersel, The Netherlands, (HOTMART B.V.), tax identification (VAT ID) number 853863751, to be used in any country in the world, and to be used in transactions in Brazil, in Brazilian Real (BRL), and exclusively among users that are declared Brazilian citizens, are offered by LAUNCH PAD TECNOLOGIA E SERVIÇOS S.A., a private legal entity registered with the Corporate Tax Number/Treasure Ministry (CNPJ/MF in Brazil) 13.427.325/0001-05, headquartered in Belo Horizonte, Minas Gerais, at Rua Sergipe nº 1014 – conjunto 802, Bairro Savassi - CEP 30130-171, Belo Horizonte – MG, Brazil (HOTMART BR).

DEFINITIONS

Whenever the terms below are used in capital letters in these Terms of Use, they will be used in reference, as detailed below:

(a)HOTMART PLATFORM or HOTMART – Online platform that aims to build links among PRODUCERS, AFFILIATES and potential BUYERS interested in the CONTENT promoted through the technological tools contained within the platform;

(b)CONTENT – content in different digital formats (video, audio, text, software, etc) created by the PRODUCER or by a third party that has authorized the exclusive commercial exploitation by the PRODUCER which is provided by the PRODUCER for promotion and sales using the technological tools within the HOTMART PLATFORM;

(c)USER – any person who accesses the HOTMART PLATFORM, regardless of having registered as a PRODUCER, AFFILIATE, or BUYER;

(d)PRODUCER – USER entitled to rights of intellectual property of a CONTENT or holder of valid authorization of exclusive commercial exploitation of CONTENT and that uses the technological tools within the HOTMART PLATFORM to enable promotion and sales of such CONTENT. The USERS who act in partnership with the main PRODUCER will also be considered PRODUCERS;

(e)AFFILIATE – USER who registers in the HOTMART program for CONTENT promotion, and, using technological tools within the HOTMART PLATFORM, promotes CONTENT made available for a specific PRODUCER in websites, blogs, pages and social network communities, etc, and receives remuneration if any negotiation is completed due to their promotional efforts according to an identification register of this AFFILIATE in the tracking tools of the HOTMART PLATFORM;

(f)BUYER – USER who acquires CONTENT through the technological tools made available by the HOTMART PLATFORM;

(g)HOTMART CLUB – optional feature that allows the PRODUCER to create within the HOTMART PLATFORM a Members Area of restricted access and protected by login and password provided to the BUYER to make CONTENT available either through download or streaming by the BUYER.

INTENDED PURPOSE OF TECHNOLOGICAL TOOLS AND SERVICE PROVIDED

The technological tools within the HOTMART PLATFORM allow the PRODUCERS to promote and sell their CONTENT without the need to develop their own online platform, as well as AFFILIATES to be identified as intermediaries in specific purchase and sale transactions and receive the respective remuneration.

The PRODUCER relies on the technological tools for the automation of delivery of CONTENT, such as: (i) Members Area (through which the PRODUCER may control the access of his customers to the available CONTENT); (ii) Sales Funnel (through which there is the possibility of creating lead capture pages, sales pages and other features that call the attention of the BUYER); and (iii) Checkout (through which the purchase and sale transaction may effectively be completed); Promotional Coupons (through which the PRODUCER may create sales links with new values depending on his or her sale strategy, which allows for making CONTENT temporarily on sale).

The AFFILIATE relies on technological tools that track their sales referrals and help to manage the results of their promotion of CONTENT, such as cookies (with a minimum period of 60 days); hotleads (exclusive tool provided by HOTMART which combines different methods in the process of identification of the AFFILIATE); alternative dynamic pages (through which the AFFILIATE can use relevant content to create sale links, increasing their capability of attracting BUYERS); pixel tracking (through which the AFFILIATE can track the conversion of the advertisement in Facebook Ads) and reports which show the origins of clicks and sales.

The HOTMART PLATFORM also provides tools for the respective USERS to receive remuneration, which allow credit to be generated for the users through the sale of PRODUCTS, as detailed in the item PAYMENT MANAGEMENT.

Finally, it is important to highlight that except for transactions between producers and buyers who are simultaneously in Brazil, the HOTMART PLATFORM operates as a reseller. Therefore, at the moment of purchase, HOTMART B.V. acquires the content from the PRODUCER and resells it to the BUYER, in an instantaneous operation.

REGISTRATION, LOGIN, PASSWORD, AND SECURITY

The services provided by HOTMART BV and HOTMART BR can only be used by any person with the legal capacity for all acts of civil life (over the age of 18 years in Brazil, or legally emancipated). The registration of minors being forbidden.

By using the HOTMART PLATFORM, the USER declares to be over the age of 18 years and to be in full capacity to exercise all acts of civil life.

To use the HOTMART PLATFORM, it is mandatory that the USER adequately complete and provide correct information for all fields required by HOTMART in the registration page on the website.

HOTMART BV and HOTMART BR reserve the right to not approve the USER’s registration if there is any indication that the USER will make use of the HOTMART PLATFORM in disagreement with these Terms of Use.

HOTMART BV and HOTMART BR may resort to any valid means to identify USERS and also request additional information to complement that which was already provided. In case the USER provides incorrect or incomplete information, the registration with the HOTMART PLATFORM may be canceled or temporarily suspended.

The USER will be the sole person responsible for his or her login and password, and will answer for all acts taken using such login and password. Therefore, it is the duty of the USER to maintain his or her confidentiality of the password. HOTMART BV and HOTMART BR will not be held responsible for any loss due to incorrect use of the USER’s password by a third party.

The USER agrees that the information provided at the moment of registration in the HOTMART PLATFORM may be supplied to the BUYER, AFFILIATE or PRODUCER, in case of: infraction of these Terms of Use that may inflict damage to other USERS of the Platform or third parties; suspicion of fraud; dispute; complaint about the product being sold or any evidence of wrongful act performed by the USER, as detailed in the Privacy Policy.

PRODUCERS and AFFILIATES, before being able to sell or promote PRODUCTS in the HOTMART PLATFORM, should provide bank details, including a bank account under their name to receive the amount of money from completed transactions through the tolls within the HOTMART PLATFORM. It is not allowed the registration and/or the transfer of amounts due to USERS to third party bank accounts, through the HOTMART PLATFORM.

RULES FOR THE INCLUSION OF CONTENT IN THE PLATFORM BY A PRODUCER

The PRODUCER may make use of the tools within the HOTMART PLATFORM to sell his or her CONTENT directly or to make it available for promotion.

In order to do so, the USER must:

(i)register in the HOTMART PLATFORM as a PRODUCER, taking responsibility for the appropriate use of the tools within the HOTMART PLATFORM, as well as to seek the necessary clarification through the channels made available in the HOTMART PLATFORM in case of any doubts;

(ii)accept and honor the Terms of Use and Policies from HOTMART;

(iii)be the author of CONTENT or hold authorization from the owner of copyright over the CONTENT to promote and sell such CONTENT in exclusive fashion, taking responsibility not to concede authorization to third parties to exploit the CONTENT concurrently;

(iv)respect all the indications of PROHIBITED CONTENT in these Terms of Use, abstaining from adding PROHIBITED CONTENT in the HOTMART PLATFORM, and honor to be the sole person responsible for the CONTENT added in the HOTMART PLATFORM;

(v)include the CONTENT in the HOTMART PLATFORM providing all the information required about him or herself (including bank information), about the pricing of the CONTENT and payment methods, about the rules of acceptance and commissions to AFFILIATES (percentage and possibility of earnings for first referral, last referral or sharing commission for first and last referrals), about the warranty period (15 or 30 days), being able to change this information at any time, without previous notice, but taking responsibility towards AFFILIATES and BUYERS to honor the information at the moment of each transaction;

(vi)wait for a period of up to 3 (three) days for the CONTENT to be available for promotion and sale in the HOTMART PLATFORM, since the CONTENT may be analyzed for its conformity with these Terms of Use, and if the CONTENT is not in conformity with these Terms of Use, it will not be published;

(vii)abstain from selling the CONTENT through any other means other than the HOTMART PLATFORM;

(viii)accept to use, as a means of payment for the CONTENT, only the payment platforms whose Checkout functionalities are integrated with the HOTMART PLATFORM, taking into consideration all rules and limitations in those platforms which can be verified in their respective websites, being responsible for completing his or her registration with the respective means of payment, as the advertisement of other means of payment besides the ones integrated with the HOTMART PLATFORM is forbidden;

(ix)accept, per his or her criteria, the requests for affiliation to his or her CONTENT, pledging to sell the CONTENT and pay the due commission for its promotion by the AFFILIATES exclusive through the means made available in the HOTMART PLATFORM;

(x)follow the rules of commissions owed to AFFILIATES who have performed the promotion and sale of CONTENT, letting the AFFILIATES know 30 (days) in advance in case he or she (the PRODUCER) decides to cancel the affiliation program to the CONTENT;

(xi)take full responsibility towards the AFFILIATES who feel wronged for not receiving commission due to the use of fraudulent means that lead to the disregard in the HOTMART tracking system;

(xii)take full responsibility for providing clear and objective information about the CONTENT offered through the tolls within the HOTMART PLATFORM, keeping it updated and compatible to the information announced in their websites, sales pages and members areas external to the HOTMART PLATFORM, etc, as well as taking responsibility towards the BUYERS for eventual discrepancies, especially in what refers to prices of CONTENT and warranty periods in case of lack of updates;

(xiii)take full responsibility to deliver the CONTENT to the BUYER, especially if it is made through posts and members areas external to the HOTMART PLATFORM, as well as guaranteeing that the BUYER is able to use the CONTENT the manner it was offered; take responsibility for the full compliance to all legal obligations related to sales made through the use of the tools within the HOTMART PLATFORM;

(xiv)respect the warranty period that is stated in the registration of the CONTENT, which cannot be shorter than 15 (fifteen) days in the HOTMART PLATFORM, committing to accept the eventual request of cancellation of the sale by HOTMART, thus authorizing HOTMART to deduct the values from the balance in the balance for purposes of refund;

(xv)take full responsibility to solve any problems, especially of a technical nature, that occur with the CONTENT after the delivery to the BUYER, accepting the obligation of providing adequate support to the BUYER whenever requested, as well as answering the eventual queries from the support team of the HOTMART PLATFORM, making the adequate customer service to the USERS possible;

(xvi)take responsibility for changing, whenever necessary, the information related to the CONTENT, as well as suspending or canceling its promotion whenever it does not comply to any of the conditions stated in these Terms of Use, without any disregard to the obligations from the promotion period;

(xvii)honor the FEES deriving from the use of the technological tools within the HOTMART PLATFORM and honor their legal, regulatory, fiscal and tax obligations, if, where and when they occur;

(xviii)concede to HOTMART, at the moment of the transaction, the copyrights to the CONTENT for all effects and purposes in a free, irrevocable, irreparable, and non-exclusive capacity, for as long as the CONTENT is registered at the HOTMART PLATFORM. The concession of copyrights in this item is applicable only to the operations carried out through the tools made available by HOTMART BV, in a capacity of reseller in such cases;

(xix)recognize that is the sole and exclusive responsible for the CONTENT being offered at the HOTMART PLATFORM, including, but not being limited to, the information, characteristics, qualities, quantities, description, adequation to the proposed objective, composition, price, warranty, validity period and delivery. To that end, if HOTMART is called upon to answer, through its support, administratively or judicially for the CONTENT created by the PRODUCER, the expended values by HOTMART may, at its discretion, be taken from the commissions, balance and other amounts due to the PRODUCER up to the necessary limit to the recovery of the cost paid by HOTMART for the actions, in-court and out-of-court settlements with third parties because of flaws in the CONTENT created by the PRODUCER, as well as court convictions. Therefore, the PRODUCER agrees with and authorizes, henceforth, the retention and/or the collection of the aforementioned values, by HOTMART, in the terms here in stated.

The PRODUCER may make the CONTENT available using the TRIAL feature which representes a free usage period for the BUYER, this period might vary from one (01) to thirty (30) according to the choice of the PRODUCER. The free usage period (TRIAL) aims to allow new BUYERS to try the CONTENT. The TRIAL qualification, its usage and length is determined by the PRODUCER and the PRODUCER alone, who can limit this qualification to prevent abuses when the usage of the TRIAL, according to the limitations and policies establish by HOTMART to its usage and functionality. The PRODUCER shall charge from the BUYER the amount referring to the CONTENT that was made available at the end of the TRIAL period, prevented that the BUYER cancels the TRIAL usage before the end of the free usage period established by the PRODUCER.

It is important to highlight that HOTMART, when settling any in-court or out-of-court agreements with a third party, is not directly or indirectly taking responsibility for products or content offered by the PRODUCER in the HOTMART PLATFORM, guaranteeing the rights of recovery. Any tolerance or concessions by the part of HOTMART, at its freedom and convenience, will not constitute invocable precedent and will not be presented as a means to change the obligations herein established.

RULES FOR THE PROMOTION OF CONTENT BY AFFILIATE

In order to promote CONTENT included in the HOTMART PLATFORM, the USER must:

(i)egister in the HOTMART PLATFORM as an AFFILIATE, taking responsibility for the appropriate use of the tools within the HOTMART PLATFORM, as well as seeking the necessary clarification through the available channels in the HOTMART PLATFORM in case of doubts;

(ii)Accept and respect the Terms of Use and Policies of HOTMART;

(iii) be a candidate to promote certain CONTENT to a respective PRODUCER, by using the correct field in the HOTMART PLATFORM;

(iv)accept the rules and regulations of sharing the commissions as determined by the PRODUCER and stated in the HOTMART PLATFORM, at the moment of candidacy as an AFFILIATE of certain CONTENT, acknowledging that the PRODUCER is the sole person responsible for setting the values and the manner in which the commissions shall be shared among the AFFILIATES who act as promoters of the CONTENT and that such values and rules may be altered by the PRODUCER at their own discretion and without the need of previous notice, taking this condition into account when deciding to invest time or money in the promotion of a certain CONTENT;

(v)se the tools within the HOTMART PLATFORM to allow the tracking of his performance as an AFFILIATE of certain CONTENT of his or her interest, always in conformity with the Terms of Use and Policies of the HOTMART PLATFORM;

(vi)take responsibility for reproducing to the public to which the CONTENT is promoted the characteristics of such CONTENT and the sales conditions set by the PRODUCER in the HOTMART PLATFORM, taking, alongside the PRODUCER, the responsibility for the full compliance to such conditions with the BUYER;

(vii) accept the rule that the sales made through the technological tools of tracking within the HOTMART PLATFORM will generate commissions to the AFFILIATE and will be effective only after the sale is completed and the effective payment by the BUYER is made, and only then will it be available to be redeemed per the rules in the item PAYMENT MANAGEMENT;

(viii)) accept to use, as a means to redeem commissions, only the payment platforms whose Checkout functionalities are integrated with the HOTMART PLATFORM, considering all the rules and limitations of such platforms, which can be verified in their respective websites, taking responsibility for registering for the respective methods of payment;

(ix)honor the FEES deriving from the use of the technological tools within the HOTMART PLATFORM, and honor the legal, regulatory, fiscal and tax obligations, if, when and where they occur.

PROHIBITED CONTENT

The advertisement or sale through the HOTMART PLATFORM of the following products is expressly forbidden:

Products that allude to firearms, narcotics, toxic substances, and any kind of illegal drugs;

Products taken from others, stolen, or robbed;

Products that are counterfeit or adulterated;

Shares of companies traded in the Stock Exchange;

Mailing lists or personal databases;

Products that violate the intimacy, honor, image, name, or any other sort of personal rights of others;

Products in any way connected to pedophilia, prostitution or the like, pornographic material, containing nudity or sexual acts, in any way obscene or contrary to morals and good customs;

Product that are designed to promote smoking;

Products that promote pyramid schemes, multi level marketing and the like;

Products that promise success in lotteries and gambling;

Products that promote violence and/or discrimination based on matters of race, gender, religion, nationality, sexual orientation, or any other kind;

Products that promote the cure for health problems without the endorsement of a recognized organization that is specialized in the field;

Products that contain songs and videos in any formats, if they are not expressly authorized by the artist or record label that is the copyright owner;

Products that violate the intellectual rights of others, such as products that violate software, copyright, patents, brands, models, and industrial designs, especially products that contain software for OEM, NFR, copies or backup files, license, academic programs and/or developed for any educational entity, or industrial secrets;

Products that are affected by any sort of restriction regarding their use, exploitation or transference of dominion or possession;

Any products whose sale is expressly prohibited by laws in effect in the location of the transaction.

GENERAL GUIDELINES TO THE USER

Notwithstanding any other rules in these Terms of Use, the USER is committed to not:

(i)COPY, MODIFY, REPRODUCE, DISTRIBUTE, DOWNLOAD, STORE, BROADCAST, SELL, RESELL, PERFORM REVERSE ENGINEERING, OR CREATE PRODUCTS DERIVED FROM ANY CONTENT AVAILABLE IN THE HOTMART PLATFORM;

(ii)violate or attempt to violate any security measures in the HOTMART PLATFORM, or benefit from any inconsistency in the system to take advantage to him or herself or to others, or adversely affect HOTMART and/or others, especially when accessing or trying to access any USER account in the HOTMART PLATFORM, or, still, trying to obtain and divulge the password of a USER account in the HOTMART PLATFORM;

(iii)submit to the HOTMART PLATFORM any false, imprecise or incomplete information;

(iv)manipulate CONTENT prices;

(v)interfere in the transactions made among other USERS;

(vi)impersonate another person or organization;

(vii)use SPAM or any other form of inappropriate, slanderous, or illegal dissemination or collection of information, to promote any CONTENT included in the HOTMART PLATFORM;

(viii)buy CONTENT through his or her own AFFILIATE link and/or use AFFILIATES’ link of his or her own CONTENT in his or her sales page, substitute the AFFILIATE link from a sales page for his or her own benefit or to others;

(ix)attack, slander, insult or defame other USERS and/or third parties.

PAYMENT MANAGEMENT

The tools within the HOTMART PLATFORM allow:

(a)Payment by BUYERS for the purchase of CONTENT included in the HOTMART PLATFORM;

(b)Payment by PRODUCERS to the AFFILIATES of monetary value due to the promotion of CONTENT;

(c)Receipt by the PRODUCERS of the monetary value due to the sale of their CONTENT;

(d)Receipt by the AFFILIATES of monetary values due to promotion of CONTENT that was sold.

Besides the payment management methods desribed above, the HOTMART PLATFORM offers the feature named Smart Installments – available only for international operations made through HOTMART BV – whose characteristics and respective FEES are available in the chapter FEES APPLIES FOR THE USE OF THE TOOLS WITHIN THE HOTMART PLATFORM

At the moment of registration at the HOTMART PLATFORM, the PRODUCER agrees and requests HOTMART to promote:

(a)The receipt of the value paid by the BUYER;

(b)The payment of the established remuneration to the AFFILIATE by the PRODUCER, when there is one;

(c)The deduction of the remuneration owed to HOTMART for the use of its tools;

(d)The payment of the remaining value due to the PRODUCER.

The USER declares that he or she is aware that the payment management tools in the HOTMART PLATFORM are not comparable, nor intended to be comparable to the financial services offered by banking institutions or credit card companies, constituting merely as a form of facilitating and following up on the transactions paid and received among the USERS of the HOTMART PLATFORM.

Although the tools within the HOTMART PLATFORM are the exclusive means of making transactions with the CONTENT contained in it, HOTMART may make use of other means of payment by third parties, such as financial institutions, credit card companies and other entities to promote receipt and payment of such transactions.

Furthermore, all the commercial operations shall be verified through the risk management tools integrated with the HOTMART PLATFORM and may be refused whenever there is suspicion of fraud in the means of payment, wrongdoing, or a violation to the Terms of Use.

Hotmart B.V. will be responsible for paying the VAT - Value Added Tax on behalf of the PRODUCERS.

PAYMENT PROCESSING IN DIFFERENT CURRENCIES

In view of the international character of the HOTMART PLATFORM, it is possible to make transactions in different currencies.

Even though the HOTMART PLATFORM allows its USERS to view the price of the CONTENT in different currencies according to the location of the BUYER, the number of available currencies for the USERS to make and receive payment may be limited, not including, necessarily, the local currency of a certain BUYER or a certain PRODUCER, and therefore may require conversion into foreign currencies.

The conversion of foreign currency will be processed through an exchange rate of foreign currency, based on information collected regularly through third parties.

In the case of international transactions, that is, those in which the PRODUCER is from one country and the BUYER from another, the transactions, as a rule, will be made in the BUYER’s currency. For Brazilian BUYERS registered in the HOTMART PLATFORM, specifically, the transaction will be made in the PRODUCER’s currency.

The PRODUCER and the AFFILIATE, however, can accumulate the values due to them only in certain currencies. The definition of the currencies that may be used when redeemed by the USERS is exclusive to HOTMART, per its commercial agreements.

In case the PRODUCER or AFFILIATE needs to convert the value to be withdrawn into another currency of his or her choice, he or she should contact an intermediary conversion platform defined by HOTMART. The conversion fees in these transactions are informed by the intermediary platform, and HOTMART is not involved in this operation.

FEES APPLIES FOR THE USE OF THE TOOLS WITHIN THE HOTMART PLATFORM

The use of the technological tools within the HOTMART PLATFORM by the PRODUCER is subject to the payment of a LICENSE FEE that is set by the fixed value of a monetary unit based in the offer of product and in the BUYER’s country, with the addition of a compensation for the intermediation service, the INTERMEDIATION FEE, unified in 9.90% (nine-point ninety percent), calculated over the sale price of the CONTENT.

WARNING! If is sale has a value that is inferior to ten monetary units in the BUYER’s currency, the value calculated over the sale price of the CONTENT goes up from 9.90% to 20% (twenty percent). When the percentage applied is 20%, there will be no LICENSE FEE in the fixed value of a monetary unit in the BUYER’s currency.

The use of specific technological tools may be subjected to the payment, by the PRODUCER, of an ADDITIONAL LICENSE FEE, which will always be informed previous to the the hiring of the use of each specific tool. For example, the PRODUCER who chooses to use the video and audio streaming service in HOTMART CLUB must pay an ADDITIONAL LICENSE FEE per transaction made over the CONTENT.

The use of technological tools within the HOTMART PLATFORM by the AFFILIATE is subjected to the payment of a WITHDRAWAL FEE in the fixed price of R$ 1.99 (one Brazilian REAL, ninety-nine cents) for withdrawals in BRL (Brazilian REAL) and the equivalent to US$ 1.99 (one dollar, ninety-nine cents) for withdrawals in other currencies.

RULES FOR THE WITHDRAWAL OF ACCUMULATED VALUES

The commission values that are owed to the AFFILIATES and the values for the SALES made by the PRODUCERS may be redeemed by the respective USERS after a period of 30 days and if the accumulated value can cover the WITHDRAWAL FEE and allow the minimum withdrawal of R$ 100.00 (one hundred BRL) for withdrawals relative to transactions made in BRL or the minimum of US$ 50.00 (fifty dollars) for withdrawals relative to transactions made in other currencies.

ADDITIONAL FEES - The option for the use of additional functionalities such as the possibility of offering installment payments of the sale price for the CONTENT and receive prompt payment, as well as the possibility of anticipating the withdrawal value of accumulated amounts in their accounts can be subjected to the payment by the PRODUCER or the AFFILIATE of ADDITIONAL FEES, which will always be informed before the hiring of such specific functionalities.

SPECIFIC RULES FOR OPERATIONS MADE THROUGH TOOLS AVAILABLE BY HOTMART BV

If the transaction occurs through the technological tools made available by HOTMART BV, besides the rules already described, the rules below also must be followed:

Per the applicable legislation from the BUYER’s country and the payment of tax duties, HOTMART BV is responsible for the collection and payment of taxes (VAT) originated from the sales of electronic commerce and intangible goods.

Therefore, the PRODUCER agrees that HOTMART BV officializes the sales of CONTENT to resell to the BUYER and issues the respective tax document. HOTMART BV will issue a receipt that refers to the payment made by the BUYER, including applicable taxes, and will produce a report with values due to PRODUCERS and/or AFFILIATES. The taxes will be charged per the local legislation where the BUYER is. In places where VAT collection is not obligatory it is the USER’s responsibility to comply to the appropriate fiscal laws.

When specifying the price for the digital product commercialized at HOTMART PLATFORM, the PRODUCERS may opt to include or not, in the final price of the product, the amounts referring to the appropriate tax (VAT).

SPECIFIC RULES FOR OPERATIONS MADE THROUGH TOOLS AVAILABLE BY HOTMART BR

If the transaction occurs through the technological tools made available by HOTMART BR, besides the rules already described, the rules below also must be followed:

The validity period established by the PRODUCERS from the technological tools made available by HOTMART BR will be of 7, 15 or 30 days. Moreover, it is not applicable to the operations made available by HOTMART BR the item xviii in the chapter “RULES FOR THE INCLUSION OF CONTENT IN THE PLATFORM BY A PRODUCER” in these Terms of Use, relating to the concession of copyrights, remaining inaltered and fully applicable the remainder of the dispositions in the referred chapter.

Per the applicable legislation, each USER is responsible for the collection of taxes/retentions originating from transactions made through the HOTMART PLATFORM. Therefore, the PRODUCER is responsible for issuing and sending the tax document that refers to the availability of the CONTENT to the BUYER.

Moreover, in order to avoid tax evasion, the monthly amount available for withdrawal for Brazilian USERS registered as an individual in the HOTMART PLATFORM is limited to the to the amounts inserted in the range of no tax incidence, in accordance with the current tax and fiscal legislation, for SALES taken place in BRAZIL.

For the sales in installments made in Brazilian territory there could be the charge of administrative fees for the processing of installments paid by the BUYER, as well as the fees in the value for the BUYER. These fees are not transferred to the PRODUCERS and/or AFFILIATES.

Considering that the PRODUCERS are completely and exclusively responsible for the products and content offered to the BUYERS, including but not being limited to the information, characteristics, qualities, quantities, composition, price, warranty, validity and delivery period, eventual complaints and disputed linked to the product, its quality, delivery and/or access to the CONTENT, refund requests and others, should be dealt with by the PRODUCERS directly with the BUYERS through their own help and support channels.

To that end, in case HOTMART receives service of process for the CONTENT, in any nature or type, from the PRODUCERS, the expended values by HOTMART BR may, at its discretion, be taken from the commissions, balance, and other amounts due to the PRODUCER up to the necessary limit to the recovery of the cost paid by HOTMART for the actions, in-court and out-of-court settlements with BUYERS, as well as court convictions. Henceforth, the PRODUCERS agree with and authorize the retention and/or collection of the aforementioned values by HOTMART BR, in the terms here stated. It is important to highlight that HOTMART, when settling any in-court or out-of-court agreements with a BUYER, is not directly or indirectly taking responsibility for products or content offered by the PRODUCERS, guaranteeing the rights of recovery. Any tolerance or concessions by the part of HOTMART BR, at its freedom and convenience, will not constitute invocable precedent and will not be presented as a means to change the obligations herein established.

COPYRIGHTS

The information within the HOTMART PLATFORM, as well as brands, business name, domain name, programs, database, networks, and files are owned by HOTMART and are protected by the laws and international treaties of intellectual property, being absolutely prohibited the copy, distribution, use or publication, be it complete or partial, of any material, part of the website and the CONTENT in it made available without prior or expressed permission.

The PRODUCERS are hereby aware of the risks that third parties may create CONTENT with the same “idea” of the ones being sold through the HOTMART PLATFORM, mainly due to the vast possibility of access the Internet provides. However, the PRODUCERS declare to recognize that HOTMART cannot prevent this from happening, and holds no responsibility over this situation, which is out of its control, since ideas are not protected by applicable legislation and the configuration of plagiarism is very subjective and needs to be analyzed by the Judiciary Branch.

COMPLAINT MECHANISM AND DISPUTE RESOLUTION

Considering that the HOTMART PLATFORM is not the creator of the CONTENT produced and published by the PRODUCER, and that there is no prior editorial control over the CONTENT, HOTMART, in the terms of the applicable legislation, is not responsible for the CONTENT made available.

Thereby, HOTMART offers efficient mechanisms so that USERS that feel that some of their rights have been violated can make complaints and seek to resolve their disputes, as indicated below.

Disputes regarding the quality of CONTENT and PRODUCER’s rating

HOTMART recommends that every transaction be made with caution and common sense.

In case the BUYER decides to make a transaction and feels wronged because of the quality of the CONTENT acquired, the BUYER can send, within the warranty period set by the PRODUCER (which can be of 15 or 30 days), a complaint by accessing HOTMART.com/reembolso.

Once this complaint is sent through the link above, and within the warranty period of the CONTENT, as the PRODUCER remains the sole person or entity responsible for the technical and quality aspects of the created CONTENT, HOTMART informs the PRODUCER in question and concedes the time limit of up to 10 (ten) calendar days for him or her to respond to the complaint with an explanation or an attempt to solve the problem. In case the PRODUCER does not establish contact within the time limit, the request for refund may be granted automatically, and information about the PRODUCER can be sent to the BUYER, as stated in the Privacy Policy.

If there is a dispute between BUYER and PRODUCER that cannot be resolved through the means here expressed, HOTMART can promote judicial consignment of the values.

Disputes regarding offence to the personality rights: libel, slander or defamation

In case someone feels that some CONTENT violates their personality rights, including honor, image, voice, name, privacy, they can send a complaint by accessing http://ombudsman.hotmart.com

Once the form at  https://app-vlc.hotmart.com/resolution-center has been filled, HOTMART, unless it is a hypothesis that authorizes/justifies the immediate removal of the CONTENT, according to these Terms of Use, will contact the PRODUCER and concede a time period of up to 10 (ten) days for he or she to reply to the complaint with an explanation.

In case the PRODUCER does not reply within the time limit, HOTMART may, but is not obligated to, remove the CONTENT that was reported, notifying the complainant and informing the PRODUCER about the removal.

In case the PRODUCER recognizes the wrongfulness in the CONTENT, HOTMART will then remove the CONTENT and notify the complainant.

In case the PRODUCER states that there is no wrongfulness in the CONTENT, the parties will be informed that a dispute has been opened and the decision lies beyond the prerogatives of HOTMART and the CONTENT may only be removed by court order.

Disputes regarding the violation of intellectual property rights

In case someone understands that some CONTENT in the HOTMART PLATFORM is in violation of their intellectual property rights (brand, patent, industrial designs) or their copyright, they may notify HOTMART by filling in the form at  https://app-vlc.hotmart.com/resolution-center, indicating the URL where the CONTENT in question is, and attaching to the form proof that they are the owner of the violated rights, or their legal representative, through legal documents that prove ownership over the CONTENT.

When starting the disputes concerning the violation of intellectual property rights, all involved parties automatically agree with the terms and conditions expressed in the Notifications Policy of Authors' Rights in the HOTMART PLATFORM

Notifying the HOTMART PLATFORM about a violation of rights is a serious matter with legal consequences. In case of doubt about the infringement, legal counsel is advised. Before sending a Notification, the USER should always bear in mind that there are exceptions and limitation to the rights of every individual. The false allegations of infringement may be punishable by law.

Disputes regarding the distribution, without the consent of the participants, of images, videos or other material containing nudity or private sexual acts

In case someone discovers that some CONTENT in the HOTMART PLATFORM contains nudity or private sexual acts, they may notify HOTMART about it, by filling the form at https://app-vlc.hotmart.com/resolution-center, indicating the URL where the CONTENT in question is, and attaching to the form proof that they are the participant of the scene, or their legal representative.

Once the the Form has been filled, HOTMART will verify the validity of the notification, as stated above, and in case the presence of nudity or private sexual acts is confirmed, it will arrange, in up to 10 (ten) days, the removal of the CONTENT, notifying the complainant and informing the PRODUCER responsible the sanction he or she will suffer, which could be the cancellation of his or her account, to be decided exclusively by HOTMART.

RELATIONSHIP BETWEEN USERS AND HOTMART

Notwithstanding any other rules in these Terms of Use, the relationship between HOTMART shall be governed by the following:

(i)HOTMART is responsible for the safekeeping of the registration data of the USERS, as well as the data related to the transactions through the technological tools within the HOTMART PLATFORM in the terms of applicable legislation;

(ii)HOTMART will assist the BUYERS in order to solve any problems originated from the sale, HOTMART will hold full responsibility over the disputes opened by BUYERS, such as chargebacks, complaints of any kind, cancellations and refunds, but reserves the right to deduct these values from the PRODUCERS and/or AFFILIATES;

(iii)as the PRODUCER remains the sole person or entity responsible for the technical and quality aspects of the created CONTENT, HOTMART informs the PRODUCER in question and concedes the time limit of up to 10 (ten) calendar days for him or her to respond to the complaint with an explanation or an attempt to solve the problem. In case the PRODUCER does not establish contact with HOTMART within this time, eventual refund requests may be granted automatically, respecting the rules in these Terms of Use;

(iv)HOTMART will make any effort to maintain the continuity and availability of the technological tools within the HOTMART PLATFORM. However, due to technical reasons beyond its control, the HOTMART PLATFORM may be unavailable for some period of time;

(v)HOTMART is not responsible for (i) any damage, loss, or harm to equipment of the USER caused by flaws in the system, server or internet because of the behavior of others; (ii) for damages due to virus attacks to the USER’s equipment in the access, use or navigation in the HOTMART PLATFORM or as a consequence of data, files, images, text or audio transfers.

(vi)USERS exempt HOTMART from any responsibility for damage due to technical difficulties or system or internet failure;

(vii)HOTMART will not be held responsible for mistakes in the distribution of CONTENT with the tools within the HOTMART PLATFORM that may interfere in the selling of such CONTENT;

(viii)The fees and payment methods are subject to change per HOTMART’s strategy, at its discretion, without the need of prior notice to the USERS;

(ix)HOTMART is not responsible for the quality of the CONTENT, but it recommends that the PRODUCERS maintain the quality of the CONTENT offered in the HOTMART PLATFORM;

(x)CONTENT inserted in the HOTMART PLATFORM will only be available for promotion and distribution if they comply to these Terms of Use. HOTMART is entitled to remove any CONTENT that is not in conformity with the norms and policies;

(xi)HOTMART is not held responsible for the effective fulfillment of the obligations by the USERS;

(xii)HOTMART is not held responsible for eventual challenges, chargebacks or the blocking of sales/payments of any nature by the BUYER and can deduct at any given moment, from the USER’s balance, the amount that refers to refunds, blocked or challenged transactions (chargeback);

(xiii)HOTMART IS NOT RESPONSIBLE FOR THE INAPPROPRIATE USE OF THE PLATFORM BY OTHERS, be them PRODUCERS, BUYERS or AFFILIATES, no matter the reason, especially in case of distribution in other platform of CONTENT previously acquired;

(xiv)The USERS acknowledge that the HOTMART website may contain links to other sites of the network, which in turn does not mean that they belong to or are operated by HOTMART;

(xv)HOTMART is not responsible for the materials, information or content distributed in sites that belong to others, nor for the availability of these sites, being incumbent on the USERS to rely on their own judgement, care and common sense to access other sites, and being themselves responsible for assessing their privacy policies and terms of use;

(xvi)All information given to HOTMART by the USER is stored and handled according to the Privacy Policy;

(xvii)Taking into consideration the object of the HOTMART PLATFORM as a means to promote and advertise CONTENT, the USERS are aware and accept that all the relevant information will be provided to enable PRODUCERS and AFFILIATES to sell their CONTENT;

(xviii)HOTMART will take all possible measures to ensure the confidentiality and safety of the USER’s information, but is not held responsible for loss or damage caused by the violation of such measures by others using public networks or the internet intent on subverting the security system and/or gain access to the USERS’ confidential information.

PENALTIES

Any conduct contrary to what is stated in these Terms of Use is punishable:

(a)By the removal of the specific CONTENT;

(b)By the immediate suspension of the access to the USER’s account;

(c)By the blocking of the USER’s account in the HOTMART PLATFORM;

all at the sole discretion of HOTMART, notwithstanding the possibilities of legal measures that can be taken by HOTMART or others.

In the case of CONTENT removal, transactions that refer to such removed CONTENT prior to its removal are subject to the blocking of the respective values. From the removal of CONTENT from a specific account, no new transaction referring to such CONTENT will be processed by the payment tools of HOTMART for that account.

In the case of suspension of the access to the USER’s account, transactions referring to the CONTENT registered under that account may still be made, however, the USER will not have access to any other functionality of his account, for example: no change can be made to the registration data, bank information or registered CONTENT, nor will the USER be able to redeem any values accumulated in the respective account.

In case the account is blocked, all active offers and/or offers made will be automatically canceled, and the USER will have no rights to refund or compensation.

In case HOTMART suspects or there is any evidence that the USER is using mechanisms to defraud the tracking system of AFFILIATES or, MAKING USE OF ANY OTHER MEANS TO COMMIT FRAUD, HOTMART reserves the right to immediately suspend the access of the USER who is suspected of fraud, and, eventually, block the USER account completely, and the values accumulated by this USER can be retained by HOTMART, as compensation for the losses suffered, or transferred to third parties that were harmed, by court order.

HOTMART, USERS or any third parties that suffered loss can resort to legal action because of the crimes or misdemeanors they were the victims of, and also seek compensation for the civil loss due to the non-compliance to the Terms of Use, without resulting in any rights to compensation to the USER.

DISCLAIMER OF LIABILITY OF THE HOTMART PLATFORM

In case of any dispute opened by one or more USERS, or a third party, all the USERS involved in the disputes, complaints or suits refuse the liability of HOTMART and its directors, managers, employees, collaborators, workers, representatives and proxies, including what concerns the costs and fees spent by the USERS to pursue the disputes, complaints or suits.

COMPENSATION

The USER agrees to compensate HOTMART, its employees, partners, affiliate companies or subsidiaries of any costs originating from legal actions from actions or omissions from the USER that violate the present Terms of Use or the Policies from HOTMART, including legal fees.

TERMINATION

HOTMART may terminate, at its own discretion, any offered services and remove any CONTENT inserted in it. HOTMART can also restrict the access of USERS to any part or all the services offered by HOTMART at any given moment, without cause or prior notice, and for any reason or motive.

The PRODUCER may stop using the HOTMART PLATFORM at any given time, but in order to do so must remove all the CONTENT, and take full responsibility in delivering any CONTENT that was bought through links previously distributed. Moreover, the PRODUCER must end his or her register as a HOTMART USER. The PRODUCER, however, will remain responsible for the CONTENT in relation to the BUYER, in the terms of applicable legislation.

The AFFILIATE may stop promoting any CONTENT or leave the Affiliate Program with HOTMART at any given moment. In order to do so, the AFFILIATE must end his register as a HOTMART USER, so that the CONTENT attributed to him or her are cancelled.

In case the USER wishes to terminate his or her account, he or she can only cease his or her access to and use of the services provided by HOTMART, which will be not held responsible, under any circumstances, to maintain or remove the published CONTENT, the account, identification, or password from the USER, being clear that the USER will remain responsible for the legal and financial obligations taken with third-parties in the use of the HOTMART PLATFORM, even after the termination of his or her account.

In any case of termination HOTMART may, at its own discretion, completely or partially retain the balance in the USER’S account, if it is understood that this is measure is necessary to ensure the payment, reimbursement or refund for any liability, obligation, or debt from the USER in relation to HOTMART and/or third parties.

The percentual for this retention will be assessed on a case by case basis, according to the profile, occurrences history, transactions of the USERS and will always be stipulated in the necessary amount as to ensure the compliance to prior and future obligations, eventually accepted by the USERS before HOTMART and third parties.

SCOPE OF SERVICES

These Terms do not establish a contract of society, mandate, partnership, franchise, or employment between HOTMART and the USER.

CHANGES TO THE TERMS OF USE

When there are any changes to the Terms of Use and in the HOTMART Policies, the User will be informed through an email or a publication in a featured area in the HOTMART PLATFORM.

These Terms of Use constitute the agreement among the parties to which it refers. To this end, this instrument is prevalent before all prior proposals and understandings, and all agreements, in written and oral form, that might exist among the parties. Therefore, HOTMART reserves the right to change the Terms of Use at any given moment. After the communication about the changes in the Terms of Use, in accordance to the aforementioned procedures, in case the USER continues to make use of the HOTMART PLATFORM, it will mean and considered that his or her consent is given, in irrevocable and irreparable acceptance. Thus, the USER agrees that is his or her responsibility to periodically access the website https://www.hotmart.com/en/what-is-it/ in order to know if any changes have been made.

APPLICABLE LAW

These Terms of Use present the applicable norms to the use of the HOTMART PLATFORM available in the domains hotmart.com, hotmart.com.br, hotmart.net.br, hotmartmail.com and hotmart.eu, HOTMART B.V., a Dutch company, based in Brouwer 1, 5521 DK, Eersel, The Netherlands, (HOTMART B.V.) being responsible for the availability of the technological tools for use in any country in the world, applying, for this reason, the Dutch law and community rules. For transactions that are made in Brazil, in BRL, and exclusively among users that declare to be Brazilian, LAUNCH PAD TECNOLOGIA E SERVIÇOS S.A., a private legal entity registered with the Corporate Tax Number/Treasure Ministry (CNPJ/MF in Brazil) 13.427.325/0001-05, headquartered in Belo Horizonte, Minas Gerais, at Rua Sergipe nº 1014 – conjunto 802, Bairro Savassi - CEP 30130-171, Belo Horizonte – MG, Brazil (HOTMART BR) will be responsible for the availability of the tools, and for this reason the applicable law will be the Brazilian one for these transaction, and any legal action which concerns its interpretation and application must be processed and judged by the Brazilian Judiciary Power.

JURISDICTION

For operations made through the tools made available by HOTMART BR, the jurisdiction of Belo Horizonte, State of Minas Gerais, is chosen to settle any controversies arising out of the interpretation of and compliance to these Terms or Use, regardless of any other, however privileged it may be or become.

For all other cases, the jurisdiction of the city of Amsterdam, in the Netherlands, is chosen to settle any controversies arising out of the interpretation of and compliance to these Terms or Use, regardless of any other, however privileged it may be or become.

DOUBTS

In case of any doubts concerning this document, the USER may contact HOTMART through the email suporte@hotmart.com.br with “Terms of Use” in the subject line.