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Terms of Use

Therefore, the acceptance of these Terms of Use constitutes the express agreement of the USER with all the conditions, obligations, limitations and characteristics of the services, which are provided through the granting of a non-exclusive use license for the technological tools that integrate Hotmart Developers and enable its functionality.

In this sense, the USER expressly declares that he is aware of and agrees with the Hotmart Developers Terms of Use, including its Policies, which despite being presented in separate texts, are an integral part of these. Its use in disagreement with the following terms may imply the suspension of access to the account or the cancellation of the USER's registration, the consequent and immediate termination of previously existing licenses and others.

It should be noted that Hotmart Developers is licensed in its current state, and can be modified, replaced, or made unavailable by HOTMART at any time, without prior notice. Respect for the conditions of these Terms of Use is essential for the legitimate use of such tools.

Definitions

Whenever the expressions below are used in these Terms of Use they will have the following meaning:

HOTMART PLATFORM – online platform designed to bring together PRODUCERS, AFFILIATES and potential BUYERS interested in the CONTENT distributed through the technological tools of the platform;

HOTMART – trade name of the company responsible for providing the Inter-system Integration services, called “Hotmart Developers”;

USER - any person registered as a user of the HOTMART PLATFORM, according to the Terms of Use which can be accessed at https://www.hotmart.com/en/tos ;

HOTMART DEVELOPERS – set of technological features that provide Hotmart services by means of API products. You can find all the definitions of the tool at https://developers.hotmart.com/docs/en/start/about/

Application of the Hotmart Platform Terms of Use

Considering that the Hotmart Developers features are available exclusively to HOTMART PLATFORM USERS, all provisions and conditions established in the Hotmart Platform Terms of Use (https://www.hotmart.com/en/tos ), already accepted by the USERS, are fully applicable and valid to this term.

Thus, all rules regarding Registration, Login, Password and Security, as well as Prohibited Content, Copyrights, the Relationship between Users and Hotmart, and all other provisions must be observed by Hotmart Developers USERS.

USER Responsibility

1) Access to Hotmart Developers

(i) In order to access and use the services offered by Hotmart Developers, developers must obtain an access credential through the link https://app-vlc.hotmart.com/tools/credentials . You will only be able to access the Hotmart Developers services with a Hotmart user’s name with his or her expressed authorization. In this case, you represent him or her and acknowledge being aware of the Terms of Use, as well as your acceptance, and that you are doing so on behalf of said user, either a Producer or Affiliate (all references to "you" in this Term refer to this user).

(ii) You must safeguard the API credentials and all Hotmart account login information, and must not share the API credentials with people who are not directly related to the consumption of the services provided by Hotmart Developers. You should not access Hotmart Developers by any means other than with the API credentials, which you receive via the Hotmart Platform. The API credentials are the exclusive property of Hotmart.

2) Restrictions

The services provided by Hotmart Developers should only be used for lawful, authorized, and acceptable purposes. Thus, the user agrees to:

(i) Use Hotmart Developers with common sense and responsibility, considering its use for his or her business strategy, with the user being fully responsible for the security of the data in his or her application or otherwise under his or her possession. You agree to comply with all applicable municipal, state and federal laws and rules, referring to the collection, use, maintenance, security and disclosure of any person, financial, transaction or operational transactions (defined as “Data”) in your application;

(ii) NOT violate, misappropriate or infringe upon the rights of HOTMART, other users or third parties, including privacy, publicity, intellectual property or other property rights;

(iii) NOT use HOTMART services and data in an unlawful, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive manner, incite or encourage conduct that is unlawful or inappropriate;

(iv) NOT use the services offered by HOTMART for criminal and illegal activities, such as fraudulent misrepresentation, fraud, larceny, and any other type of crime;

(v) NOT violate, or attempt to violate, any Hotmart Developers’ security measures, or take advantage of any system inconsistency in order to obtain advantages or cause harm to HOTMART, other USERS and/or third parties;

(vi) NOT use or access Hotmart Developers to perform any type of API availability, performance, or functionality monitoring;

(vii) NOT forge, change, or hide any data that is unique or assigned to your account;

USERS who practice any of the acts above may be punished with a warning, suspension, and/or the cancellation of their HOTMART PLATFORM registration, with the consequent interruption of the Hotmart Developers’ services, notwithstanding the applicable legal measures.

HOTMART, USERS or any third parties that have been harmed, may take the appropriate legal actions as a result of the crimes or misdemeanors practiced, or seek compensation for civil damages due to noncompliance with the Terms of Use, without any right to compensation from HOTMART to the user being sued.

In addition to the above, USERS shall not access, use, copy, adapt, modify, develop derivative work, distribute, license, sublicense, transfer, carry out or in any way exploit (or help third parties to do so), Hotmart Developers in an unauthorized or authorized manner, or in a manner that harms or burdens HOTMART or its services, systems, users or third parties, either directly or through automation:

(a) send, store, or transmit viruses or other harmful codes using our Services;

(b) obtain, or attempt to obtain, unauthorized access to HOTMART services or systems;

(c) interfere with or interrupt the integrity or performance of Hotmart Developers;

(d) collect information from or about USERS in an unauthorized or authorized manner.

3) Rate Limit

Hotmart may change and/or impose limits on the use of the API (limiting the number of requests you can make in a given period of time). By default, we allow 100 calls per minute, considering reading and writing. You agree, and will not attempt to circumvent these limitations. If there is the need for requests beyond the limit permitted, users must formalize a request through the following support service channel: https://atendimento.hotmart.com.br/hc/en-us/requests/new

Changes to APIs

1) Updates

Hotmart reserves the right to request that Developers adapt, update, or install any code to continue using the services offered by Hotmart Developers. You acknowledge that Hotmart may make any changes to its APIs at its discretion. You must implement and use the latest version of Hotmart Developers and make the necessary changes to your application, being responsible for the cost of these updates.

Updates may affect how your Application accesses or communicates with Hotmart Developers. Access and use to the services offered by Hotmart Developers after an update will constitute acceptance of this term.

2) Use and Access

Hotmart reserves the right to change or discontinue the availability of part or its entire API at any time and for any reason, with or without prior notice to its users. These actions may include the removal and/or limitation of features or access to certain APIs. Use of the API after a restriction and/or release shall constitute acceptance of the terms described in this document.

3) Beta Users

Hotmart may eventually request from its users, on a trial basis, the use of certain features in pre-launch or beta situations. Hotmart does not guarantee that the services provided in Beta situations work correctly, and reserves the right to interrupt the service offered at any time. Beta services may not work in the same way as their final version. Hotmart Developers, at its discretion, may or may not release a final version of a beta service.

As to the use of HOTMART Developers, HOTMART is not responsible for

(i) any damages to any user or a third-party caused by the misuse of Hotmart Developers, including, but not limited to, moral damages caused by infringements on the honor, privacy, or image and voice of others;

(ii) any damages or loss of USERS’ equipment causes by the system, server, or internet failures caused by third-party conduct;

(iii) damages caused by malware attacks and/or any type of harmful and malicious program code to users’ equipment as a result of accessing, using or browsing Hotmart Developers, or as a result of the transfer of data, files, images, texts or audios.

Privacy Policy and User Data

USERS agree with our practices regarding data, including its collection, use, processing and sharing of their information as described in our Privacy Policy (https://www.hotmart.com/en/pp ) and Cookie Policy (https://www.hotmart.com/en/cookie-policy ), as well as the transfer and processing of their information in Brazil and in other countries where we use service providers or partners, regardless of the country where our Services are being used by USERS. Therefore, USERS acknowledge that the laws, regulations, and norms of the country in which their information is stored or processed, may be different from those in their own country.

Specifically regarding the use of Hotmart Developers, USERS agree that HOTMART may collect and process data for statistical and analytical purposes regarding the use of the tool, USER preferences and behavior, with the purpose of allow the improvement of services and the development of new operational and commercial features.

Whenever possible and technically feasible, the data will be processed and handled by HOTMART through anonymization methods, preventing the data from being linked to an individual, directly or indirectly, which may allow his or her identification.

Copyrights and Personality Rights, Intellectual Property and Image and Voice Rights

The simple use of Hotmart Developers does not give the user any right to use the names, titles, words, phrases, trademarks, patents, literary artistic or literary-musical works, and images, among others, that are or were available in it. Reproduction of the above content is prohibited, except for prior written permission from HOTMART.

HOTMART respects everyone’s Intellectual Property rights and strives to help everyone protect their rights. If HOTMART is notified of an intellectual property infringement, it may, but is not obliged to, remove the infringing message or content, which will only be mandatory in case of a judicial decision or decision by a competent administrative authority, pursuant to the current law.

HOTMART also reserves the right to block access to any user who violates third-party intellectual property rights or violates other third-party rights, guaranteed by Brazilian law and by international treaties.

Should the user feel that his or her rights have been infringed, he or she can report it through the mechanism previously defined under Hotmart’s Terms of Use, as follows: https://www.hotmart.com/en/tos#17

Application waiver of liability

Furthermore, HOTMART and its associated parties are not liable for lost profits, emerging losses, punitive damages or special or indirect damages arising from or related to our terms, us, or our services, even if we are informed about the possibility of such damages. The laws of some states or jurisdictions do not allow the exclusion or limitation of certain indemnities; therefore, some or all exclusions and limitations established above may not be applicable to users. Notwithstanding any provision to the contrary in our terms, in such cases, the liability shall be limited to the minimum allowed by the applicable law.

Redirection of services and use by third parties

HOTMART ratifies that it has no responsibility if the USER chooses to redirect the service and/or authorize the use of the service by a third party, in case such action leads to any type of violation of rights, considering that it is merely an integration intermediary/supplier through an API.

Amendments to the Terms of Use

HOTMART reserves the right to amend the Terms of Use at any time without prior notice, being certain that the simple use of the application after any amendment, implies in agreement with them.

Changes to the application and closure

Whenever the HOTMART Terms of Use and Policies are amended, the USER shall be informed by email or by a publication posted in a prominent area of the HOTMART PLATFORM.

It should be noted that these Terms of Use constitute the agreement between the parties to which it refers. In this sense, this instrument takes precedence over all proposals, prior agreements, and all oral and written agreements that may exist between the parties. Thus, HOTMART reserves the right to amend the Terms of Use at any time.

After the communication regarding amendments to the Terms of Use, according to the aforementioned procedures, if the USER continues to use the HOTMART PLATFORM and Hotmart Developers will mean, and will be considered, his or her consent and irrevocable and irreversible acceptance.

Therefore, USERS agree that they have the responsibility of periodically reviewing the website at www.hotmart.com to stay informed about any changes.

Applicable Law

These Terms of Use are governed solely and exclusively by Brazilian law, and any lawsuits arising from its interpretation or application shall be judged by the Brazilian Judiciary. In the case of conflicting state or municipal laws, for the interpretation of any doubts or litigation, the laws of the state of Minas Gerais shall always prevail.

The venue elected to settle any conflicts in the city of Belo Horizonte, to the exclusion of any other, however privileged it may be. The Terms of Use present the "General Conditions" applicable to the use of Hotmart Developers, whose administration and exclusive rights of use in Brazil are of LAUNCH PAD TECNOLOGIA, SERVICES E PAGAMENTOS LTDA., under the corporate registration CNPJ No. 13.427.325/0001-05.

The jurisdiction to solve possible conflicts is the one from the city of Belo Horizonte, excluding any others, as privileged as they are. The Terms of Use present the "General Conditions" applicable to Hotmart Developers, whose management and usage rights in Brazil belong to LAUNCH PAD TECNOLOGIA, SERVIÇOS E PAGAMENTOS LTDA., enrolled at the National Register of Corporate Taxpayers under nº 13.427.325/0001-05.

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