Site Terms and Conditions of Use

Summary 

  1. Presentation and definitions 
  2. Website usage rules 
  3. Customer base 
  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. Others 
  20. Applicable law and forum of choice   
  1. Presentation and definitions 

This Site is owned, maintained and operated by SmartHint Tecnologia Ltda, located at Rua Manoel Ribas, 985, room 22, registered with the CNPJ/ME under n. 27.146.750/0001-22, and email address: contato@smarthint.com.br 

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

The User declares to have read and accepted these Terms and Conditions of Use 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 the restricted areas of the Site. 

For the purposes of these Terms and Conditions of Use, the terms below will have the following meanings: 

Clients: users who completed the registration and hold an Access Account. 

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

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

SmartHint: SmartHint Tecnologia Ltda.

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

SmartHint Intellectual Property: all intellectual property assets owned by SmartHint, by any company belonging to its economic group or by 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 contents of any screen on the Site or any intellectual works or other contents that are included in any intellectual work or any property protected by rights of intellectual property. 

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

Usuarios: any persons accessing the Site, including anonymous visitors and Customers.   

  1. Website usage rules   

The Customer undertakes to use SmartHint's services respecting and observing these Terms and Conditions of Use and with current legislation. Accordingly, the Client agrees that it may not: (i) infringe the rights of third parties, regardless of their nature, at any time, including in the course of using SmartHint's services; (ii) perform acts that limit or prevent access and use of SmartHint's services and Website, under appropriate conditions, to other Customers; (iii) unlawfully access the Site or third party computer systems related to SmartHint in any way or form; (iv) spread computer programs or viruses likely to cause damage of any kind, including on SmartHint or third party equipment and systems; (v) use mechanisms other than those expressly enabled or recommended by SmartHint to obtain information, content and services; (vi) perform any acts that, in any way, may result in any loss or damage to SmartHint or other Customers; (vii) access SmartHint programming areas, databases or any other set of information that escapes public or restricted areas of the Site; (viii) reverse engineer, translate, modify, alter language, compile, decompile, modify, reproduce, rent, sublease, disclose, transmit, distribute, use or otherwise dispose of the Site or the tools and features made available therein in any medium or form, including in such a way as to violate SmartHint's (including SmartHint's Intellectual Property) and/or third party rights; (ix) perform or participate in any act that constitutes a violation of any right of SmartHint (including SmartHint Intellectual Property), third party or any applicable law or act in any way or form that may contribute to such violation ; (x) interfere with security or misuse any feature of the SmartHint system, network or service connected or accessible through SmartHint, and you must access SmartHint 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 third-party websites or the Client's own websites, or to perform any type of action that may harm SmartHint or third parties; (xii) use automated data collection and selection applications to carry out mass operations or for any purpose, or to collect and transfer any data that may be extracted from SmartHint for unauthorized or unlawful purposes; (xiii) use SmartHint tools and functionalities to spread messages unrelated to SmartHint or SmartHint purposes, including racist, ethnic, political, religious, cultural or derogatory, defamatory and/or slanderous messages of any person or social group. Customer agrees to indemnify, defend and hold SmartHint harmless from any claim, notification, subpoena or legal or extrajudicial action or any liability, damage, cost or expense arising from any breach and/or infringement committed by the Customer or any person acting on its behalf, with its consent or tolerance, in relation to the Site (including in relation to any provision of these Terms and Conditions of Use), including any person who has obtained the Customer's data relating to its Access Account or its browsing in the website.    

  1. Customer base   

In order to gain access to the full content and all the SmartHint tools and functionalities, the Customer must create an Account with personal and/or business data, which will be stored and used for identification, to be used in accordance with item 4 of this Term and, noting that the creation of each account presupposes the express consent to the collection, use, storage and processing of personal or company data by SmartHint and/or by third parties hired by it to carry out any procedure or process related to the service, including behavioral information processing, sales, etc. Each Customer is allowed to create one or more Access Accounts and SmartHint reserves the right to suspend or cancel any duplicate Access Accounts. 

By completing the registration of your Access Account, the Client declares that the information provided is complete, true, current and accurate, and it is the Client's full responsibility to update the data in his Access Account whenever there is a change in name, address or any other relevant information. 

SmartHint may refuse, suspend or cancel a Customer's Access Account whenever it suspects that the information provided is false, incomplete, out of date or inaccurate, or in the cases indicated by applicable laws and regulations, these Terms and Conditions or any Site Policy, even if previously accepted. It is the Customer's sole responsibility to maintain the confidentiality of the Username and/or password related to its Access Account, and the Customer must immediately notify SmartHint in case of loss, disclosure, theft of the password or, even, of unauthorized use of your account. Minors (under 18) may not 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 18 years of age, who will be held civil and criminal liable for any Purchase made, violation committed or false, incomplete, outdated or inaccurate statement made by the minor.   

  1. 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 them into useful information to return recommendations, banners promotional, personalized emails, activities on social networks and other services that can be proactively performed to its Clients. Data are compiled together to increase the assertiveness of the learning algorithms. All knowledge gained from the information provided is completely exclusive to SmartHint.

  1. Offer of services   

Information: SmartHint will make available on the Site and on SmartHint's administrative panel a table of services with their respective prices.

The service offered by SmartHint has the sole and exclusive purpose of transforming data* into information and using the knowledge resulting from this transformation to suggest the group of products** (skus) to improve the customer's online consumer shopping experience.

SmartHint is activated at the time of invoicing the payment arising from the prepaid (monthly/semi-annual/annual) subscription.

The limits of each plan (as described in item 6 of these Terms) serve to ensure proper processing for consumption by the Site.

*It is the Customer's responsibility to provide the correct data as expected by SmartHint. 

**After SmartHint returns the product group (skus) resulting from data processing, it is the Customer's responsibility to provide product information, such as price, offer, stock, installments, title, content, photos, interest calculation and other relevant information for displaying the website's products to its consumers. 

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.

  1. Payments   

SmartHint will make monthly, semi-annual or annual billings, according to the choice of plan made by the Customer at the time of purchase, through its devices and/or contracted third parties. 

  1. 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. 

  1. Warranties   

Despite SmartHint's best efforts to provide accurate, up-to-date, correct and complete information, Customer's website may contain technical errors, inconsistencies or typographical errors. The Customer's website, its content, its features and tools are treated by SmartHint as they are displayed and offered on the internet, without any warranty, express or implied, as to the following items: (i) service, by the Customer's website or its content , the expectations of users; (ii) continued access to the Customer's website or its content; (iii) suitability of the quality of the Client's website or its content for a particular purpose; and (iv) the correction of defects, errors or failures on the Client's website or its content (v) information on price, installments, stock, interest calculations, among others, which are displayed within the Client's website and which are of Customer's sole responsibility. 

SmartHint reserves the right to unilaterally modify, at any time and without prior notice, the Site, as well as the configuration, presentation, design, content, functionality, tools or any other element of the Site, including your cancellation.  

  1. Responsibilities

SmartHint engages its best efforts to inform, serve and protect the User. The User is solely responsible for the use of the Site, its tools and functionalities. Under no circumstances will SmartHint or its directors, representatives, agents, employees, partners, partners or service providers be held liable for any consequential, indirect, punitive or expiatory damages, lost profits or other monetary damages related to any claim, lawsuit or other procedure taken in relation to the use of the Site, its content, functionalities and/or tools. Notably, SmartHint's liability is excluded under the following circumstances, among others: (i) damages 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 the inaccuracy or inaccuracy of any of these elements; (ii) damages that the User may experience on internet sites accessible by links included on the Site; (iii) price differences between the items made available on the Site and those displayed for sale on other SmartHint Sites, from any SmartHint economic group company or in SmartHint physical stores nationwide; (iv) damages and losses that the User may experience as a result of using the Site in breach of these Terms and Conditions of Use; (v) damages that the User may experience as a result of use, customs or public order; (vi) damages that the User may experience as a result of failures on the Site, including failures in the system, server or network connection, or even malicious interactions such as viruses, software that may damage the equipment or access User equipment information; (vii) damages 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; between others. 

It is the Customer's responsibility to provide the correct information as specified by SmartHint, as well as activation and display of features and information on the Customer's website.

  1. Cancellation  

The Customer may cancel SmartHint's services at any time, without the need for prior notice, simply by disabling all available features and contacting SmartHint through the chat available on the Site to formally request the cancellation .

In case of remaining balance, the customer will have the right to use SmartHint until the end of the previously contracted period, with no possibility of reversal.

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.

  1. Links to other websites   

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

  1. 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.   

  1. 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 Site content – ​​including the domain name smarthint.com.br and smarthint.co, programs, databases, files, texts, photos, layouts, headers and other elements – was created, developed or transferred to SmartHint. It is, therefore, owned by or licensed to SmartHint and is protected by Brazilian laws and international treaties regarding 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.   

  1. Duration   

These Terms and Conditions of Use 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 is, in principle, for an indefinite period, 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 some of its parts or some of its resources, without prior notice.  

  1. 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. The updated version will be valid for the use of the Site from its disclosure by SmartHint. Continued access to or use of this Site, after any changes have been made public, will confirm Users' acceptance of the new Terms and Conditions of Use. If a Customer does not agree to a certain change to the Terms and Conditions of Use, it may terminate its relationship with SmartHint by requesting to delete the Account on the Site. This termination will not, however, exempt the Customer from complying with all obligations assumed under the preceding versions of the Terms and Conditions of Use.   

  1. public record 

These Terms and Conditions of Use are registered at the Registry of Deeds and Documents of the District of the Capital of the State of Curitiba. Any updates to these Terms and Conditions of Use will be immediately registered in the same registry.   

  1. Language   

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

  1. 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”).

User agrees that promotional codes: (i) must be used lawfully for the purpose and audience for which they are intended; (ii) may be disabled by SmartHint at any time for legally legitimate reasons, without any liability for SmartHint arising therefrom; (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, if SmartHint learns or believes that the use or redemption of the promotional code was made in error, fraud, illegally or in violation of the conditions of the respective promotional code, specific regulations and terms, at SmartHint's discretion.

  1. Others

   

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

Partial applicability: if SmartHint fails to enforce or comply with any clause or condition contained in these Terms and Conditions of Use, such fact will not constitute waiver, 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 is declared unenforceable, in whole or in part, such unenforceability will not affect the other clauses of the Terms and Conditions of Use. 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 untimely fulfillment of an obligation provided for in these Terms and Conditions of Use is caused by acts of God or force majeure events, while their 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.   

  1. Applicable law and forum of choice 

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 legislation, 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 São Paulo, SP, Brazil will be solely competent to settle any issue or controversy arising out of or resulting from the use of the Site, expressly waiving any other, however privileged or come to be.

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