The technological tools contained within the HOTMART PLATFORM are provided by HOTMART B.V., a Dutch company, based at Singel 542, 1017 AZ Amsterdam, The Netherlands (HOTMART B.V.), tax identification (VAT ID) number 60335777, to be used in any country in the world, with the exception of Brazil. For transactions carried out in Real currency (BRL) between Users who, in their registration on the Platform, declare their domicile in Brazil, the conditions of the Hotmart apply.
A. HOTMART PLATFORM or HOTMART: Online platform that aims to connect 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.) also referred to as DIGITAL PRODUCT 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;
E. AFFILIATE: USER who registers for the HOTMART program for CONTENT promotion, and, using technological tools within the HOTMART PLATFORM, promotes CONTENT made available for a specific PRODUCER on websites, blogs, pages and social media 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.
The technological tools within the HOTMART PLATFORM allow the PRODUCERS to promote and market 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 CONTENT made available); (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.
In compliance with international guidelines issued by organizations such as the Office of Foreign Assets Control (OFAC), the HOTMART PLATFORM does not accept transactions and/or operate with users located in specific countries or regions, in compliance with global standards and good practices concerning the prevention of money laundering, fraud, and illegal financial activities.
The services provided by HOTMART BV 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 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 will not be held responsible for any loss due to incorrect use of the USER’s password by a third party.
After competing their first sale through the PLATFORM, PRODUCERS and AFFILIATES should provide bank details, including a bank account under their name to receive the amount of money from completed transactions through the tools 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, except in rare cases, through a specific procedure, at the exclusive discretion of Hotmart.
Beyond this, USERS registered as an individual will not be allowed to register a bank account located in a country other than the country registered on their PLATFORM account. The USER is responsible for the correctness of registered data, responding to developments resulting from the incorrectness of the data and information provided at the time of registration. For instance, by incorrectly registering the USER’s email, the USER may no longer receive relevant information about the PLATFORM or even lose access to the acquired content. Therefore, it is of utmost importance that the USER keeps his registration information updated and revise this data every 06 months from the time of first registering or making a purchase.
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;
(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;
(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;
(vii) abstain from selling the CONTENT through any other means other than the HOTMART PLATFORM;
(viii) to use, exclusively, the provided payment tools and solutions on the HOTMART PLATFORM;
(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;
(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 and intellectual property related 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 on the HOTMART PLATFORM, exclusively with the objective of allowing HOTMART to resell the CONTENT regularly. In this way, the referred concession of copyrights by the PRODUCER to HOTMART does not mean, in any way, that the CONTENT and the associated rights belong to HOTMART, but only that HOTMART is authorized to resell the CONTENT, and the PRODUCER retains all the rights and obligations related to the CONTENT marketed on the PLATFORM. In addition, 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) accept and respect all the policies from the HOTMART PLATFORM, especially its Code of Conduct and Addendum, recognizing that, at the moment of registration on the PLATFORM, you were made aware of such documents, which are duly published on the HOTMART , being subjected and committed to observe all the rules, principles and norms in them;
(xx) take full responsibility for complying with applicable laws and norms related to the protection of personal data, especially the General Data Protection Regulation (GDPR) from the European Union, being responsible for obtaining the expressed and unequivocal consent from users in what refers to the collection, storage, treatment and processing of personal data, in the terms of the applicable legislation;
(xxi) 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 herein stated.
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 type of illegal drugs, as well as any illicit substance and/or any substance demanding a medical prescription for its consumption;
• 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 or similar schemes whose operations depend primarily on financial resources contributed by new participants to unsustainably remunerate previous participants, causing losses those entering last;
• Products that promise success in lotteries and gambling; as well as any type of activity or practice that depends on factors related to chance for one’s success;
• 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 achievement of any kind of result, be it physical, mental or otherwise, without robust scientific support and/or recognition by the competent organizations and;
• Products that contain songs, images and videos in any formats, if they are not expressly authorized by 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;
• Products that do not present, clearly, in their offer and promotion, the provisions related to their form of purchase and consumption, price, support contact, rules of reimbursement, cancelation, warranties, renewal, among other information required by law.
• Products whose characteristics indicated a high potential for fraud, money laundering and terrorist or illegal activity, as seen by the applicable rules and recommendations of national and international bodies on the subject;
• Products and courses that guarantee their recognition by the responsible organizations (e.g. the Ministry of Education etc.) without proof of such recognition.
• Products in which the discrepancy between the registered price and the value actually delivered to the buyer, due to the niche, nature and peculiarities of the content, show strong indications of abuse and/or irregular practices.
• Any products whose sale, promotion and/or exploration are expressly prohibited by laws in effect in the location of the transaction.
The PRODUCER may make the CONTENT available using the TRIAL feature, which represents a free usage period for the BUYER and this period might vary from one (01) to thirty (30) days 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 are solely determined by the PRODUCER, who can limit this qualification to prevent abuses when using the TRIAL, according to the limitations and policies established by HOTMART to the usage of the tool. 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 invokable precedent and will not be presented as a means to change the obligations herein established
In the case of a product intended for the sale of tickets for participation in an event created by the PRODUCER, under their sole responsibility, the following rules and conditions will also apply:
-- The PRODUCER shall expressly inform on their sales page, and other means of offering and publication, the rules and effective repayment and reimbursement, especially in cases where such period is up to 7 (seven) days from the date of purchase of the ticket. provided that the refund request is made by the BUYER at least forty-eight (48) hours prior to the event start time. Remember that the PRODUCER is solely responsible for establishing the refund and cancellation rules, and any complaints from buyers regarding the established rules will be the sole responsibility of the PRODUCER.
-- By registering a product intended for ticket sales, the PRODUCER will ensure that the event will effectively occur, as well as present accurate and complete data and information about the event, in particular, as to the venue, date, times, scope of the event, prices, batches, etc.
-- In case of cancellation or change of date, venue or scope of the event, in addition to informing their buyers, the PRODUCER shall immediately notify HOTMART of such occurrence(s), under penalty of blocking their account(s) and amounts(s) existing.
-- It is the PRODUCER's sole responsibility to follow and fully comply with applicable law regarding the event, including, but not limited to, consumer protection rules, tax law, Law 9.610/98 (Copyright) and the collection of contributions to ECAD (if applicable), local legislation regarding their authorization, licenses and permits required to hold the event, in addition to Law 12.933/13 and Decree 8.537/2015 (half-entry policy) and make the indicative age rating informed within their advertising. It is noteworthy that in every aspect the PRODUCER will always be held responsible for complying with local laws and regulations of the city, state, country and/or region, applicable to the event.
-- The PRODUCER hereby agrees to provide HOTMART with documents, data and information regarding the venue and suppliers and others involved, allowing HOTMART to contact them if necessary.
-- It is forbidden for the PRODUCER to register an event with more tickets than the effective capacity of the venue where the event will take place. In this sense, the PRODUCER assumes full capacity to comply with all conditions announced. HOTMART may, at its sole discretion, deny the registration of the event on the PLATFORM if the PRODUCER does not provide information that allows the proper identification of the event, those responsible and actual occurrence, as well as identify and anticipate possible irregularities that may impose risks on the rights of third parties, including USERS, BUYERS, and HOTMART itself.
Please note that in the case of Tickets for events, VAT (Value Added Tax) will be charged in accordance with the rules and regulations of the country of the event.
In order to promote CONTENT included in the HOTMART PLATFORM, the USER must:
(i) register 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;
(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;
(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.
(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.
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 described 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 APPLICABLE FEES 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.
Hotmart B.V. will be responsible for paying the VAT - Value Added Tax on behalf of the PRODUCERS.
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.
The definition of the currency for the payment, which represents the currency for effective payment for parties involved (i.e. PRODUCER and AFFILIATES) relative to completed transaction, will depend on the characteristics of such transaction. For local transactions, understood here as those in which PRODUCER and BUYER are in the same country, and processed in the same currency, without the need for currency exchange, the currency of payment will be the local one. For international transactions, that is, any transaction that does not qualify as local transaction, the payment currency will be the dollar (USD).
The AFFILIATES and other commercial partners of the PRODUCER, agree, from this point forward, that they are subjected to the same inherent rules to the payment processing detailed above, applicable to the PRODUCER relatively to the CONTENT being transacted and object of affiliation or commercial partnership.
In case of international transactions in which the currency of the offer is different from the local currency where the BUYER in potential is, the currency of the offer will be automatically converted, to be viewed by the BUYER on the HOTMART PLATFORM checkout, into the local currency, applying the rules of currency exchange using common parameters of the financial market. Despite the conversion into local currency, only for the visualization of the BUYER, the limitations on payment currency stated above remain unchanged.
From this point forward, PRODUCER and AFFILIATE agree that, in the case of processing of international transactions, a fee will incur on the final amount of the transaction, to cover operational costs from the payment process, which include exchange taxes, tributes, and any other expenses from the operation. The fee may vary depending on external factors that are not under the responsibility or control of the Platform, such as daily exchange tax, currencies involved in the processing, and rules applied by institutions (be them financial or otherwise) that may be involved in the process, for example.
The PRODUCER and the AFFILIATE, 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, regulatory and/or operational limitations. If 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. It should be noted that HOTMART is not responsible in any way for the services rendered by third parties, especially those of intermediary platforms for currency conversion, and USERS should contact the respective platform directly in case of any problems, exempting HOTMART of any responsibility. The conversion fees in these transactions are informed by the intermediary platform, and HOTMART is not involved/and or holds any responsibility in this operation.
USERS, especially PRODUCERS and AFFILIATES, agree that in the case of processing international transactions, the final balance of sales amounts may be impacted by operating costs, currency translation, exchange rates, as well as fees charged by third parties on such transactions, exempting HOTMART from any liability for any variations in the final amount to be withdrawn.
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 applicable according to the currency of payment to the parties involved in the transaction (see chapter PAYMENT PROCESSING IN DIFFERENT CURRENCIES), with the addition of a compensation for the intermediation service, the INTERMEDIATION FEE, unified in 9.90% (nine-point ninety percent) or 20% (twenty per cent), depending on the final amount of the currency of payment.
WARNING! If the amount to be received by the PRODUCER, according to the currency of payment is equal or lower that the amounts stated in the table below, the INTERMEDIATION FEE applied to such transactions will be 20% (twenty per cent), without the charge of the LICENSE FEE.
For transactions that, after the currency exchange to the currency of payment, represent amounts higher than the ones stated above, the INTERMEDIATION FEE of 9.90% (nine-point ninety percent) will incur on the amount of the transaction, being the LICENSE FEE added, according to a fixed amount, applied according to currency of payment, per the amounts in the table below.
We highlight that in any of the cases above, the INTERMEDIATE FEE will incur on the final value of the transaction, already converted into the respective currency of payment.
The SMART INSTALLMENT is a feature that enables the BUYER to select the number of installments desired to make the payment for the DIGITAL PRODUCT purchased through credit card, creating a recurrence without incurring interests. The allowed number of installments on the SMART INSTALLMENTS depends on the price of the product, the minimum number of installments and the maximum number of installments authorized by HOTMART. To use the feature, the FEE will be charged over the total amount of the purchase, which will be retained proportionately on each installment paid by the BUYER.
By hiring the SMART INSTALLMENT feature, the PRODUCER can only require the payment advancement referring to the installments already paid by the BUYER. Also, the PRODUCER recognizes he is responsible for all the costs arising from the transaction, assuming the responsibility for the failure to pay an installment due, and, in any case, the FEE upon the service.
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$ 20.00 (twenty 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.
The minimum withdrawal amount will also be considered for the purpose of closing the account, the USER is hereby aware that this aims to cover inherent fees to withdrawal transactions and other transactions made.
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.
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.
In case of products of the format Tickets for Events, VAT will be charged according to the rules and regulations of the country where the event is held.
Therefore, the PRODUCER agrees that HOTMART BV formalize 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.
It is noteworthy that all international transactions performed and processed in the United States of America will have the participation of LAUNCH PAD PAYMENT SERVICES CORPORATION, located at 251 Little Falls Drive, Zip Code: 19808, Wilmington, New Castel County, Delaware, United States of America, Registration No. 6840958, which will act in such transactions as a payment collector on behalf of HOTMART B.V. By this, LAUNCH PAD PAYMENT SERVICES CORPORATION is the collecting agent and HOTMART B.V is the Merchant of Records (MOR).
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: Hotmart has a so that any interested party can report any violation of rights and other irregularities on the Platform, including violations of these Hotmart Terms and Policies. These complaints are strictly investigated and may result in various consequences to those involved. Therefore, it is very important that the reporting channel be used ethically. In case of doubt about the occurrence of an infraction, we recommend that you seek legal guidance before sending any notification, in addition to assessing whether there are ways to prove what you intend to report.
Complaints regarding violations of intellectual property rights: If your complaint is about the violation of intellectual property rights, you should follow all ombudsman channel guidelines, including sharing information capable of proving the facts reported, in particular: (a) your contact information so that we can communicate with you; (b) information on the content reported, with the details of what happened and the documents demonstrating the facts reported, where possible; (c) information on the ownership of the intellectual property rights that may have been violated; and (d) statement of absence of authorization to use the intellectual property, signed by you physically or electronically.
• The complaint must be sent by the person whose intellectual property rights have been violated or by a representative with powers of attorney. Hotmart does not accept complaints sent by third parties.
• By submitting a complaint, the complainant states to be aware and agrees that Hotmart will share their information with the accused party and that the accused party may contact the complainant to clarify the facts and settle the matter.
• Within 10 days of Hotmart forwarding the complaint, the accused party may present their defense, informing the reasons that disqualify the complaint and proving the ownership of the right allegedly violated. The accused party must disclosure: (a) contact information; (b) information on the content reported; (c) information on the ownership of intellectual property rights on the Product reported, including pertinent supporting documentation; and (d) a dissenting statement regarding the complaint of violation of intellectual property rights, assuming responsibility for any damages caused by the continuity of commercialization or access to the Product object of the complaint.
Complaints regarding disclosure of nudity or sexual acts of a private nature: If your complaint is related to the violation of intimacy resulting from the disclosure, without authorization of its participants, of images, videos or other materials containing nudity or sexual acts of a private nature, Hotmart will make this content unavailable, within the scope and technical limits of its service, in a diligent manner, within 10 calendar days from the date of receipt by Hotmart of all information necessary for Hotmart to take such action. To do so, you must indicate precisely: (a) the URL where the material related to the complaint is located; and (b) the means that allow Hotmart to identify the victim in the reported material, as described. You can only report content that involves you, a relative, or any other person of whom you are the legal representative, with proof of the relationship or kinship. Materials that involve other people must be reported by them, their relatives or guardians.
Measures to be taken by Hotmart: Any complaint must be submitted containing all the information required in the previous items. Hotmart will not initiate any verification process if there is absence of any aforementioned information.
Prohibition of anonymity: Hotmart will not pursue anonymous reports.
Responsibility of the complainant: The intentional submission of false or misleading reports may lead to the application of any of the measures provided in Section 10 of these Terms, including the definitive blocking of the account, if the complainant is a Platform User, in addition to their responsibility for damages, according to the applicable legislation. We clarify that whistleblowers may be investigated by the competent authorities and that Hotmart will cooperate with the official investigations in this regard. Whistleblowers are fully responsible for any damages caused to the accused party, Hotmart, or third parties due to unfounded complaints, especially in cases where Hotmart, in view of the complaint, and at its sole discretion, blocks in a preventive or definitive manner the sale or access to a Product.
Process for investigating complaints: If Hotmart believes that a complaint does not have sufficient grounds or evidence to initiate an internal investigation process, Hotmart may close the case and file the reported occurrence. If Hotmart believes that the investigation of the facts is necessary, it shall forward the complaint to the accused party, or to the person responsible for the Product reported, notwithstanding Hotmart's taking, preventively and at its sole discretion, any of the measures provided in Section 10 of these Terms, in an isolated or cumulative manner. The accused party may respond to the complaint within 10 days from its forwarding by Hotmart.
• Hotmart may initiate internal investigation procedures, at any time, whenever it deems necessary, to ascertain the facts reported, especially in the face of (a) complaints whose clarification is capable of solving the potential dispute between Users, (b) facts that have not been clearly reported, but that bring evidence of irregularities practiced by the accused party; or (c) complaints with inconsistencies or indications of bad faith, fraud or willful misconduct of the accused party. The results of internal investigations conducted by Hotmart may be shared with the competent authorities, whenever required by law or necessary. If the sharing is not required by law, it is exclusively up to Hotmart to define whether it will disclose any results of its investigations.
Hotmart's Evaluation of Complaints: If the complaint is not answered within 10 days, Hotmart may definitively apply any of the measures provided in Section 10 of these Terms, in an isolated or cumulative manner, if deemed appropriate, informing the complainant and communicating the measures to the affected User. Hotmart may also apply any of the measures set forth in Section 10 of these Terms, in an isolated or cumulative manner, if, upon the response of the accused party, it concludes that there has been a violation to the Terms, violation of rights, or other irregularities practiced on the Platform. If Hotmart, by itself or by a third party determined by Hotmart, understands that the issue denounced is reasonably controversial, Hotmart may initiate a dispute settlement procedure between the Users.
Settlement of Disputes between Users: Hotmart Services are provided to connect Users to each other. Disputes that arise from these relationships must be settled directly between the Users, including those related to Product quality, warranty, and technical aspects. With the purpose of facilitating the dialogue for the settlement of disputes, in addition to the complaint channel, Hotmart offers support services to Users, at no cost, at . Once activated, the customer support may contact Users involved in a dispute. You agree that you should apply your best efforts to reply to the support service calls, focusing on solving the problem in the shortest time possible and within the deadlines established by Hotmart. If it is not possible to reach an agreement between Users regarding a dispute, Hotmart may (but is not obliged to) end the dispute by its own decision, based on good faith and equity parameters, considering the rules of these Hotmart Terms and Policies. Hotmart may delegate the solution of any dispute to third parties determined by it, including self-regulation mechanisms. Hotmart's decision regarding the dispute, or whomever it appoints, shall be fully and irrevocably complied with by the Users involved.
A. 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;
B. USERS shall be unique and exclusively responsible for keeping all data and register information duly updated, reviewing and updating your data at least every 06 months, taking responsibility for the truthfulness, lawfulness, and adequacy of all documents and information registered to the system in the registration at the HOTMART PLATFORM. In case any inconsistency or outdating in the data and register information are identified, HOTMART may proceed with the immediate suspension of the USER’s account until such problems are made regular;
D. 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;
E. 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.
F. USERS exempt HOTMART from any responsibility for damage due to technical difficulties or system or internet failure;
G. 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;
H. 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;
I. 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;
K. HOTMART is not held responsible for the effective fulfillment of the obligations by the USERS;
L. 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);
M. 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;
N. 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;
Q. 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;
R. 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.
S. USERS, especially PRODUCERS and AFFILIATES, must accept and respect all the policies from the HOTMART PLATFORM, especially its Code of Conduct and Addendum, recognizing that, at the moment of registration on the PLATFORM, you were made aware of such documents, which are duly published on the HOTMART , being subjected and committed to observe all the rules, principles and norms in them;
T. USERS must take full responsibility for complying with applicable laws and norms related to the protection of personal data, especially the General Data Protection Regulation (GDPR) from the European Union and The Personal Data Protection law nº 13.709/18 from Brazil, being responsible for obtaining the expressed and unequivocal consent from users in what refers to the collection, storage, treatment and processing of personal data, in the terms of the applicable legislation. Therefore, HOTMART is not held responsible for eventual failure by its USERS in complying with these rules, reserving the right to suspend and/or cancel contracts with USERS who do not comply with the applicable legislation of data protection, as well as retaining the balance of such USERS as a partial compensation for damages, or transferring such balance to third-parties that have been harmed, though court order.
In addition, PRODUCERS and AFFILIATE agree that HOTMART may also, at its sole discretion, preventively lock out the account (s) and any amounts therein if atypical parameters and indices of refunds, chargebacks and other indices are identified that are subject to analysis by the Risk and Compliance teams, which indicate the need for the block to be effective in order to protect the rights of USERS, BUYERS and third parties.
Whereas HOTMART is not responsible in any way for the content created by PRODUCERS or AFFILIATES in its PLATFORM, the preventive block will be sustained, as a rule, until that (i) it is verified that the suspicious act or conduct did not characterized an illegal practice, based on criteria and assessment exclusive from HOTMART; (ii) the parties involved adequately formalize the amicable resolution of the situation; or (iii) by order of the court or authorized administrative authorities that states clearly and specifically the content or act appointed as a breach, allowing its adequate identification and the applicable measures. In case the illegal nature of the act or conduct is confirmed, the preventive block will be converted into definitive, and all the values eventually existing in the account will only be released to the appropriate party and by court order.
The preventive block mentioned above cannot be characterized as a penalty inflicted to USERS, once it is a preventive measure adopted with the sole purpose of avoiding incurring in damages, losses or breach of rights of the USERS and third parties.
Finally, USERS acknowledge and authorize HOTMART to report to the responsible control and supervisory organizations acts, conduct and practices that contain indications of irregularities and/or illegalities, without causing any moral harm and property damage to the reported USER.
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.
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.
In legal terms, to the extent permitted by law, the HOTMART PLATFORM and group companies are not liable for direct or indirect financial, material and moral damages, including lost profits, as well as any physical damages suffered by USERS.
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, including, 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.
These Terms do not establish a contract of society, mandate, partnership, franchise, or employment between HOTMART and the USER.
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.