Site Terms and Conditions of Use

Summary

1. Presentation and settings
2. Site usage rules
3. Customer registration
4. Personal data, privacy and security
5. Offer of services
6. Payment
7. Price
8. Warranties
9. responsibilities
10. Cancellation
11. Links to other websites
12. Internet applications or computer viruses
13. Intellectual property rights
14. Duration
15. Updates to these Terms and Conditions of Use
16. Public record
17. Language
18. Promotional codes
19. several
20. Applicable law and venue of election

1. Presentation and settings

This Site is owned, maintained and operated by SmartHint Tecnologia Ltda - ME, located at Rua Saldanha Marinho, 1247, registered with CNPJ / MF under number 7.146.750 / 0001-22, and e-mail address: contato @ smarthint .com.br

This document lists the terms and conditions that must be observed by the Client when using the Site, SmartHint tools and functionalities.

SmartHint provides access and use of the Site to any User.

The User declares to have read and accepted these Terms and Conditions of Use and the terms of the Policies before starting to use the Site.

If the User does not accept these Terms and Conditions of Use, he will not be allowed access to restricted areas of the Site.

For the purposes of these Terms and Conditions of Use, as well as the Policies, the terms below shall have the following meanings:

Customers: Users who have completed the registration and have an Access Account.

Purchase: transaction through which a Customer purchases the service offered on the SmartHint Website, upon payment of the service fee.

Access Account: credential defined by the user email (login) and password of a registered visitor (Client), personal and non-transferable, which allows access to the restricted area and the exclusive features on the Site, such as accessing and changing personal data, turning on and off presentation of recommendation panels, among others.

SmartHint: SmartHint Tecnologia Ltda. - ME.

Brand: any distinctive sign of ownership of and / or licensed to SmartHint, which is used to identify the Site, its content or the service provided by SmartHint.

Policies: the complementary policies that integrate these Terms and Conditions of Use.

SmartHint Intellectual Property: all intellectual property assets owned by SmartHint, of any company belonging to its economic group or, still, of a third party, whose use is licensed and / or authorized by SmartHint, including, but not limited to, Trademarks, patents, inventions or utility models, industrial designs, know-how, business secrets, illustrations, photographs and / or content from any screen on the Site or any intellectual works or other content that are included in any intellectual work or any property protected by property rights intellectual.

Website: the website owned, maintained and operated by SmartHint, hosted on the smarthint.com.br and smarthint.co domains and all pages included therein.

Users: anyone accessing the Site, including anonymous visitors and Customers.

2. Site usage rules

The User agrees to use the Site respecting and observing these Terms and Conditions of Use, as well as the current legislation, customs and public order. Accordingly, the User agrees that he / she cannot: (i) harm the rights of third parties, regardless of their nature, at any time, including during the use of the Site; (ii) perform acts that limit or prevent access and use of the Site, under appropriate conditions, to other Users; (iii) illicitly access the Site or third party computer systems related to the Site or SmartHint in any way or form; (iv) spreading computer programs or viruses that may cause damage of any kind, including equipment and systems of SmartHint or third parties; (v) use mechanisms other than those expressly enabled or recommended on the Site to obtain information, content and services; (vi) perform any acts that, in any way, may imply any loss or damage to SmartHint or other Users; (vii) access programming areas of the Site, databases or any other set of information that escapes the public or restricted areas of the Site; (viii) perform or permit reverse engineering, translate, modify, change the language, compile, decompile, modify, reproduce, rent, sublease, disclose, transmit, distribute, use or otherwise dispose of the Site or the tools and features made available in any form or form, including in a manner that violates the rights of SmartHint (including SmartHint's Intellectual Property) and / or third parties; (ix) perform or participate in any act that constitutes a violation of any right of SmartHint (including SmartHint's Intellectual Property), of third parties, or of any applicable law or act in any way or manner that may contribute to such violation ; (x) interfere with security or commit misuse against the Site or any connected system, network or service resource or that can be accessed through the Site, and must access the Site only for lawful and authorized purposes; (xi) use SmartHint's domain to create links or shortcuts to be made available in unsolicited emails (spam messages) or on websites of third parties or the User himself, or even to perform any type of action that may harm SmartHint or third parties; (xii) use automated data collection and selection applications to perform mass operations or for any purpose, or to collect and transfer any data that may be extracted from the Site for purposes that are not permitted or unlawful, (xiii) use the tools and Site features to spread messages unrelated to the Site or the purposes of the Site, including racist, ethnic, political, religious, cultural or derogatory, defamatory and / or libelous messages from any person or social group. The User agrees to indemnify, defend and exempt SmartHint from any claim, notification, subpoena or judicial or extrajudicial action or any liability, damage, cost or expense arising from any violation and / or infraction committed by the User or any person acting on your behalf, with your consent or tolerance, in relation to the Site (including with respect to any provision of these Terms and Conditions of Use), including any person who has obtained User data related to your Access Account or your browsing in the website. SmartHint may, at its sole discretion, block, restrict, disable or prevent any User from accessing the Site, in whole or in part, without any prior notice, whenever an improper conduct by the User is detected, without prejudice to administrative, extrajudicial measures and judicial proceedings that it deems convenient.

3. Customer base

To obtain access to the complete content and all the tools and functionalities of the Site, the User must create an Account with personal and / or business data, which will be stored and used for identification, to be used in terms of Personal Data, privacy and (item 4 of this Term) and, noting that the creation of each account presupposes the express consent on the collection, use, storage and treatment of personal or company data by SmartHint and / or by third parties contracted by it to perform any procedure or service-related process, including behavioral information processing, sales, etc. Each Customer is allowed to create only one Access Account and SmartHint reserves the right to
suspend or cancel any duplicate Access Accounts.

Upon completing his Access Account, the Client declares that the information provided is complete, true, current and accurate, being the Client's sole responsibility to update the data on his Access Account whenever there is a change in name, address or any other relevant information.

SmartHint may refuse, suspend or cancel a Client's Access Account whenever it suspects that the information provided is false, incomplete, outdated or inaccurate or, in the cases indicated in the applicable laws and regulations, these Terms and Conditions or any other Site Policy, even if previously accepted. It is the sole responsibility of the Customer to maintain the confidentiality of the User name and / or the access password relating to its Access Account, and the Customer must immediately inform SmartHint in the event of loss, disclosure, theft of the password or even unauthorized use of your account. Minors (under the age of 18) will not be able to use the Site, unless they are represented and / or assisted by their parents or legal guardians and authorized by them at the time of account creation. The realization of an account in the name of a minor presupposes the representation of that minor by a person over the age of 18, who will be considered civil and criminal responsible for any Purchase made, violation committed or false, incomplete, outdated or inaccurate statement provided by the minor. 18 years.

4. Personal data, privacy and security

SmartHint takes all necessary measures to protect the User's privacy, in compliance with the legislation in force. This document details the forms of collection, storage, use, sharing and disclosure of your personal data, as well as clearly outlines the measures taken to ensure the protection of the collected data.

SmartHint has the confidentiality of the User's personal data as a priority in its business. Thus, it is committed to not divulging, sharing, giving access, facilitating access, renting, selling, exchanging or in any other way making such information available to third parties, under no pretext, except in the cases expressly authorized by the User, including in the cases indicated below . For the sole purpose of enabling Purchases to be made on the Site, SmartHint may share personal data of Users with its business partners, such as payment processing companies and credit card administrators. In this case, only the personal data that is essential for SmartHint's commercial partner to perform its activity will be shared. In addition, such business partners will be required, by means of confidentiality contracts, not to file, keep on file, compile, copy, reproduce or share such data with anyone, except in the case of credit card operators that have certificates PCI for the proper storage of information. The other possibility of disclosing personal data is through a court order. In this case too, the disclosure will occur only to the extent necessary to comply with the judicial determination, and data not required by the authority in question will remain confidential.

SmartHint already makes it clear that it uses the data received from Customers to transform it into useful information to return recommendations, promotional banners, personalized emails, activities on social networks and other services that can be performed proactively to its Customers. The data are compiled together to increase the assertiveness of the learning algorithms. All knowledge acquired with the information provided is entirely exclusive to SmartHint.

5. Offer of services

Information: SmartHint will make available on the Website a table of services with their respective prices.

Territory: The Site has manual geolocation tools (through information provided by the User himself) and automatic (through cookies) that determine the content to be presented to each User. However, due to the limitations of such tools, it is possible for the User to access content directed to a different geographical area from the one where he is located. In any case, the product offer will always be limited to the territory in which SmartHint makes the technology available, and will not be valid for locations not included in that territory. SmartHint may, in its sole discretion, change this territory, including or excluding locations.

6. Payments

SmartHint will charge monthly through its devices and / or contracted third parties.

7. Price

The Site presents prices valid only for purchases completed online, with service in the territory where SmartHint provides the service. At such prices, all applicable taxes are already accounted for. SmartHint is a company with activities in several countries and on multiple virtual platforms. Thus, there may be a difference in product prices between different SmartHint stores, territories and operating platforms, in view of the particular situations of the location and taxation. This difference cannot be used against SmartHint to force one platform to reduce its price to match that of another. SmartHint reserves the right to revise, improve, modify and / or update the prices charged by the Site, taking into account criteria of necessity, convenience or market fluctuations, without the need for prior communication.

8. Warranties

Despite SmartHint's best efforts to provide accurate, updated, correct and complete information, the Site may contain technical errors, inconsistencies or typographical errors. The Site, its content, its functionalities and tools are made available by SmartHint as exposed and offered on the internet, without any warranty, express or implied, regarding the following items: (i) compliance, by the Site or by its content, with the expectations of Users; (ii) continued access to the Site or its content; (iii) suitability of the quality of the Site or its content for a particular purpose; and (iv) the correction of defects, errors or flaws in the Site or its content. SmartHint reserves the right to unilaterally modify, at any time and without prior notice, the Site, as well as the configuration, presentation, design, content, features, tools or any other element of the Site, including cancellation.

9. responsibilities

SmartHint engages its best efforts to inform, assist and protect the User. The User is solely responsible for the use of the Site, its tools and features. In no event will SmartHint or its directors, representatives, agents, employees, partners, partners or service providers be liable for any emergent, indirect, punitive or atoning damage, lost profits or other monetary losses related to any claim, lawsuit or another procedure taken in relation to the use of the Site, its content, features and / or tools. Notably, SmartHint's liability under the following circumstances is excluded, among others: (i) damages and losses that the User may experience due to the unavailability or partial functioning of the Site and / or all or some of its services, information, content, functionality and / or tools, as well as for the inaccuracy or inaccuracy of any of these elements; (ii) damages and losses that the User may experience on internet sites accessible through links included in the Site; (iii) price differences between the articles available on the Site and those displayed for sale on other SmartHint Sites, of any company in the SmartHint economic group or in SmartHint physical stores throughout the national territory; (iv) damages and losses that the User may experience as a result of using the Site in non-compliance with these Terms and Conditions of Use or with the Policies; (v) damages and losses that the User may experience as a result of using the Site in non-compliance with the law, customs or public order; (vi) damages and losses that the User may experience as a result of failures on the Site, including those resulting from failures in the system, server or network connection, or even from malicious interactions such as viruses, software that may damage the equipment or access User equipment information; (vii) damages and losses that the User may experience as a result of distortions that the images of the products may present, emphasizing the merely illustrative character of such images; among others.

10. Cancellation

The Customer may cancel SmartHint services at any time, without the need for prior notice, simply changing the PRO plan to FREE.

SmartHint also reserves the right to suspend and / or cancel, unilaterally and at any time, access to the Site or to some of its parts or to some of its resources, without prior notice.

11. Links to other websites

The Site may contain links to third party sites, which are inserted for the User's convenience only. The inclusion of such links does not imply any link, monitoring or responsibility of SmartHint on the websites, respective contents or owners. Access to the sites linked to such links is not governed by these Terms and Conditions of Use and is not protected by the Policies. SmartHint recommends that the User consult the terms and conditions of use established by each site linked to the links inserted in the Site. SmartHint will not be responsible, directly or indirectly, for any damages or losses caused or related to the use of any information, content, goods or services available on the Site or on any third party site accessed through the links provided on the Site.

12. Internet applications or computer viruses

Due to technical difficulties, internet applications or transmission problems, it is possible to make inaccurate or incomplete copies of the information contained on the Site. Computer viruses or other harmful programs may also be inadvertently downloaded from the Site. SmartHint will not be responsible for any applications, computer viruses or other harmful or invasive files or programs that may harm or affect the use of the Users' computer or other property due to access, use or navigation on the Site or, even, for the download of any material contained therein, the installation of suitable antivirus applications or protectors is recommended.

13. Intellectual property rights

Brands: the User is not authorized to use, under any form or pretext, the Marks, their partial or integral reproductions or even their imitations, regardless of the intended use. The User undertakes not to contest the validity of any Brand or any other distinctive sign deposited or registered by SmartHint or by any companies related to it, in any form, in Brazil or abroad. The User undertakes to refrain from making any use of the Marks or their variations (including spelling errors or phonetic variations) as a domain name or part of a domain name or in any company name, of any type or nature, in any form or form, including through the creation of domain names or emails. All other brand, product names, or company names appearing on the Site are the exclusive property of their respective owners.

Content ownership: all content on the Site - including the domain name smarthint.com.br and smarthint.co, programs, databases, files, texts, photos, layouts, headings and other elements - was created, developed or assigned to SmartHint, is owned or licensed by SmartHint and is protected by Brazilian laws and international treaties dealing with intellectual property rights.

Prohibition of use: The User, when accessing the Site, certifies that he will respect the existence and extent of SmartHint's Intellectual Property rights, as well as all third party rights that are used, in any capacity, on the Site or that may be made available on the Site. Access to the Site and its regular use by the User does not give him any right or prerogative over any Intellectual Property, Brand or other content inserted in it. The use, exploitation, imitation, reproduction, in whole or in part, of any content without the prior written authorization of SmartHint is prohibited. It is also prohibited to create any works derived from any SmartHint Intellectual Property without SmartHint's prior written authorization. The User is expressly prohibited from reproducing, distributing, modifying, displaying and creating derivative works or any other form of use of any Intellectual Property or other content on this Site and the materials posted on or through the Site. The User who violates the prohibitions contained in the legislation on intellectual property and in these Terms and Conditions of Use will be held responsible, civilly and criminally, for the infractions committed. SmartHint does not grant any authorization related to the content of the Site for any purpose. The User assumes all and any responsibility for the misuse of any Intellectual Property or Brands of SmartHint or third parties, both civil and criminal. The photos and images used on the Site may not reflect their original size or current situation of the reproduced scenario, being merely illustrative.

Customer-Submitted Content: When sending any content to the Site, the Client retains ownership of its rights to said content (texts, videos, images, audio, among others), giving SmartHint a free, irrevocable, worldwide and non-exclusive license for reproduction , modification, translation and display, in any form or form, including on the Site, further declaring the Client to be the holder of all rights related to said content.

14. Duration

These Terms and Conditions of Use and Policies have an indefinite duration and will remain in effect as long as the Site is active. Likewise, access to and use of the Site and the resources it offers have, in principle, an indefinite duration, at SmartHint's sole discretion. SmartHint reserves, however, the right to suspend and / or cancel, unilaterally and at any time, access to the Site or to some of its parts or to some of its resources, without prior notice.

15. Updates to these Terms and Conditions of Use

SmartHint may unilaterally revise, improve, modify and / or update, at any time, any clause or provision contained in these Terms and Conditions of Use or in the Policies. The updated version will be valid for the use of the Site as of its disclosure by SmartHint. The continued access or use of this Site, after the disclosure of any changes, will confirm the acceptance of the new Terms and Conditions of Use or the new Policies by Users. If a Customer does not agree with a certain change to the Policies or the Terms and Conditions of Use, it may terminate its relationship with SmartHint by requesting an Account deletion on the Site. This termination will not, however, exempt the Customer from complying with all obligations assumed under the preceding versions of the Policies and Terms and Conditions of Use.

16. Public record

These Terms and Conditions of Use, as well as all the Policies, are registered in the Registry of Securities and Documents of the District of the Capital of the State of Curitiba. Any updates to these Terms and Conditions of Use, as well as any of the Policies, will be immediately recorded in the same registry.

17. Language

All legal documentation on the Site, including these Terms and Conditions of Use, was prepared in Portuguese. SmartHint may, at its sole discretion, provide translations of such documents on the Site only for the convenience of the User, at its sole discretion. The Portuguese version of these Terms and Conditions of Use and Policies is the only one approved by SmartHint. In case of contradiction or divergence between the Portuguese version and possible translation into any other language, the Portuguese version will always prevail.

18. Promotional codes

SmartHint may, at its sole discretion, create promotional codes that can be redeemed for account credits or other features or benefits related to SmartHint partner services and / or services, subject to any additional conditions that SmartHint establishes for each promotional codes (“Referral Codes”).

The User agrees that promotional codes: (i) must be used legally for the purpose and the public for which they are intended; (ii) may be disabled by SmartHint at any time for legally legitimate reasons, without any liability arising for SmartHint; (iii) may only be used in accordance with the specific conditions that SmartHint establishes for these promotional codes.

SmartHint reserves the right to retain or deduct credits or other features or benefits obtained through the use of promotional codes by the User itself or by a third party, in case SmartHint learns or believes that the use or redemption of the promotional code was made in error, fraud, illegally or in violation of conditions, the respective promotional code, specific regulations and terms, at SmartHint's discretion.

19. several

Official time: when using SmartHint services through the Site, Brasilia time must be considered official, including in summer time periods.

Partial applicability: if SmartHint is unable to enforce or comply with any clause or condition contained in these Terms and Conditions of Use or in the Policies, such fact will not constitute a withdrawal, tolerance or novation of this clause or condition of these Terms or any Policy. If any clause or condition contained in these Terms and Conditions of Use or the Policies is declared unenforceable, in whole or in part, such unenforceability will not affect the other clauses of the Terms and Conditions of Use and the Policies. In this case, SmartHint will make the necessary adaptations to reflect, as closely as possible, the terms of the provision declared unenforceable.

Act of God and Force Majeure: neither Party will be liable to the other when the non-compliance or the untimely fulfillment of an obligation provided for in the Policies or in these Terms and Conditions of Use is caused by acts of God or force majeure events, while the consequences persist.

Principle of respect for Customers and Users: SmartHint's principle of acting in physical and virtual environments is to respect the User, always acting in accordance with the provisions of the Consumer Protection and Defense Code (Federal Law n. 8078/90), of the Marco Civil da Internet ( Federal Law No. 12965/14) and other rules related to the sale of products in an electronic environment.

20. Applicable law and venue of election

The Site is controlled, operated and administered by SmartHint in the city of Curitiba, state of Paraná, Brazil, and can be accessed by any device connected to the internet, regardless of its geographic location. In view of the differences that may exist between local and national laws, when accessing the Site, the User agrees that the applicable legislation for the purposes of these Terms and Conditions of Use will be that in force in the Federative Republic of Brazil. SmartHint and the User agree that the Central Court of the District of Curitiba, PR, Brazil, will be the only one competent to settle any question or controversy arising from or resulting from the use of the Site, expressly renouncing any other, however privileged it may or may be to be.