POPCONVERT SOFTWARE TERMS OF SERVICE

 

This instrument contains the general conditions of contracting the Popconvert System. By accepting these conditions, You, hereinafter referred to as “USER”, accept all the terms of this Agreement for the Provision of Services for the use of Popconvert System (“System”), provided by POPCONVERT LTDA,  Company registered with the CNPJ/MF under No. 46.963.610/0001-91, headquartered at Av. Paulista, 2064 – 14th floor, Bela Vista, CEP 01310-220, São Paulo-SP, hereinafter referred to as “OPERATOR”. By accepting these General Contracting Conditions, You declare that you are over 18 (eighteen) years old and, if you are contracting on behalf of a legal entity, declare that you have the legal capacity to represent the same. The terms of this Term include the provisions of Popconvert’s Cookies and Platforms Policy at the link https://popconvert.com/cookies and the Popconvert Privacy Policy at the link https://popconvert.com/privacy, which are automatically accepted by You by accepting these Terms.

 

1. Object

 

1.1. Under the terms and conditions of this instrument, the OPERATOR will provide the USER with services consisting of the implementation and availability for use of the platform called Popconvert, which has features aimed at optimizing marketing activities in companies.

 

1.2. Popconvert offers several options of pricing plans based on website traffic and tiered in plans. Popconvert may also limit usage of third party integrations and messaging services.

 

1.3 In order to contract the services, the USER must complete an electronic registration, according to clause 2, in which the USER , in addition to the registration data, will choose the Plan.

 

1.3.1 All of the information contained in the electronic registration form is part of this Term for all purposes.

 

1.4. If the usage foreseen for the chosen Plan is exceeded, the USER will be automatically reallocated to the Package corresponding to the new number of contacts. When relocated, a proportional charge will be issued for the value of the new plan until the end of the current cycle, and the USER will pay the full amount for the new Plan in the subsequent cycle, according to the price list in force at the time of the change. The USER is responsible for controlling the usage and no refund will be made if the USER does not make the necessary adjustments to the number of contacts in his/her account.

 

1.4.1. If the USER  chooses to be relocated in a Plan with lower usage than the initial amount, there will be no refund of the amounts already paid.

 

1.4.2. If the USER reaches the monthly limit of the chosen Plan, the functionality will be automatically stopped, becoming available again at the beginning of the next monthly cycle. Or the USER may contract a Plan with a higher usage limit, which will be charged proportionally until the end of the current cycle and, if the customer does not return to the previous plan, the charge will be issued with the plan in use with up to 3 (three) days prior to expiration.

 

1.4.2.1. The USER’s monthly cycle is the period between the day on which it made the first payment and the same day of the immediately subsequent month, and so on.

 

1.5. Nature of Services: Popconvert is a software exclusively focused on business activities and aims to help the USER to implement improvements in the contracting company’s marketing practices, not being guaranteed or promised to achieve any economic or business result in their respective present or future business, from the simple use of the System, being certain that the provision of the Services constitutes an obligation of means and not of result.

 

1.6. The System will be made available through remote access to the OPERATOR’s server, being the USER’s sole responsibility to have all the equipment and internet access necessary to use the System.

 

1. REGISTRATION PROCESS

 

2.1. When registering, the USER must inform the following data: Tax Number, full name/corporate name, full address, city/state, country, e-mail, full name of the person responsible for the contract.

 

2.1.1 At the end of the contract, the charges for the chosen services will be issued and you will have to choose the payment method. If you choose the “credit card” mode, your card details will be requested to complete the payment.

 

2.2. The USER is responsible for always keeping its business registration with the OPERATOR through its Financial Panel within the System, as well as through the OPERATOR’s other communication channels, immediately communicating whenever there are any changes to its data, including, but not limited to address, telephone and e-mail for contact.

 

2.3. The data provided by the USER will be subject to the provisions of clause 11 – Data Protection.

 

2.4. The USER is responsible for all acts performed using the access credentials of all users linked to their account.

 

1. PLAN’S MODIFICATION

 

3.1. The USER may change to the Plan at any time, through our Financial Panel, choosing the option “Change Plan” or through one of our service channels. Confirmation of the change will occur from the identification of the payment of the proportional charge of the new plan until the end of the cycle in force, and the USER will be charged the full amount of the new plan chosen, as of the next cycle. In the event of reduction of Plans or services, there will be no refund of amounts already paid.

 

3.2. The characteristics and limitations of each plan are available on your Financial Dashboard and on the pricing page. The USER is responsible for managing his plan and agrees that, in case of exceeding any of these characteristics, he must contract a plan proportional to its use.

 

1. VALIDITY

 

4.1. This Term will enter into force on the release date of access to the System, which will occur with confirmation of payment of the first installment, since the Services are prepaid and have an indefinite term.

 

4.2. Popconvert account reactivation must take place within 60 days of cancellation, otherwise a new account must be contracted.

 

4.3. Popconvert Trial Period: If the USER, upon contracting the trial version, will be able to use the System for free for a non-extendable period of 7 (seven) days or until the generation of 80 contacts. At the end of this period, this Term will be terminated by operation of law, if the USER does not activate the contract through the Financial Panel. In this case, once the contract is activated, the first charge will be generated.

 

1. Amount and Payment Method

 

5.1. For the services contracted, the USER will pay the OPERATOR the amounts according to the chosen plan, in accordance with the price list in force on the date of contracting.

 

5.2. As provided for in clause 1.4, if the USER exceeds the usage contracted in the contracted Plan, the value of the monthly billing will be automatically increased according to the current price list.

 

5.3. The due dates of the monthly charges of the chosen Plan will always be on the same day as the payment of the first payment. This date cannot be changed during the validity of this Term.

 

5.4. Payment can be made via credit card or bank slip, at the USER’s choice. Foreign customers may pay by credit card or other electronic payment method that is available at the time of contracting. In the case of payment by credit card, for any of the plans, the USER authorizes the recurring debit of the amounts due. In the event of cancellation or impossibility of using the indicated credit card, for any reason, the USER must inform the data of the new card in the billing link, in order to avoid any suspension in the use of the system or in the provision of services.

 

5.5. The charges will be available via email. The non-receipt of the charge by the USER does not release him from the payment provided for herein, and he must pay attention to the due dates and, if he has not received the respective slip, he must request it from Popconvert Finance.

 

5.6. In case of payment by credit card, after authorization of the purchase, no kind of cancellation or reversal of the same will be carried out.

 

5.7. Default and Suspension of Access: Amounts not paid on their respective due date will be subject to a fine of 2% (two percent), monetary correction by the IGP-M/FGV and interest of 1% (one percent) per month, until the effective payment, without prejudice to any other right of the OPERATOR under this Term.

 

5.7.1. In case of default of any payment for a period exceeding 1 (one) day, the USER is authorized, regardless of prior notice, to suspend access to the System. The suspension of access will prevent the USER from making new data inclusions, but the provision of the contracted services will be maintained, based on the actions taken until the suspension of access.

 

5.8. Readjustment of Popconvert Plans: The values ​​of these Plans will be readjusted annually, at each period of 12 (twelve) months, always from the date of this Term, by the accumulated IGP-M/FGV index referring to the readjustment period, the application of variation negative, or by another index that will replace it or, in the absence of a substitute, by the simple average of the main economic indices that calculate the accumulated annual inflation, starting on the extension date.

 

5.9. Popconvert is hereby authorized, at its sole discretion, to discount, guarantee, assign, transfer, by endorsement or civil assignment of credit, in whole or in part, all credit and guarantee rights arising from this Term, regardless of consent of the User, with the assignees, creditors and beneficiaries of the credit subrogated in all credit rights of this instrument.

 

1. OPERATOR’S OBLIGATIONS

 

6.1. The OPERATOR’s obligations are:

 

In addition to the obligations set forth in this Term, the OPERATOR shall:

 

1. a) keep the contracted services available 24 (twenty-four) hours a day, 7 (seven) days a week, except: (i) during planned interruptions (which will be notified by the OPERATOR at least 8 (eight) hours in advance via email, or notice on the System, or through the website https://www.popconvert.com.br, and which will be scheduled as far as possible during weekends, or non-business hours on weekdays, or (ii) any unavailability caused by acts of God or force majeure, government actions, floods, fires, earthquakes, civil conflicts, acts of terrorism, strikes or labor problems (except those involving the OPERATOR’s employees), failures or delays of the supplier of the Web service.

 

1. b) make available to the USER for download, a file with the data of the Leads Base in Comma Separated Value (CSV) format (“DATA”), for a period of 30 (thirty) days, counting from the effective cancellation of the services or termination of the term of this Term. After this period, the OPERATOR will not be obliged to maintain or provide the USER’s Data, being aware that they will be removed from the OPERATOR’s systems, except when prohibited by law, or judicial decision.

 

1. c) Might offer free remote technical support related to the use of the System, answering until the next business day and during business hours (from 9 am to 6 pm – Brasília time), and the USER must make the requests via email or chat.

 

1. d) Considering that the OPERATOR uses third-party resources to provide the contracted service and which interact with Google services and depend on the continuous availability of the Google API and program for use with the Services, in case of Google Inc. . fails to make the Google API and program available under reasonable conditions for the services, the OPERATOR may stop providing such features, without the USER being entitled to any refund, credit or other compensationS.

 

1. e) Google and Facebook Services. It is necessary for the USER to correctly create an account on the Google tool indicated for carrying out data collection through Google and Facebook.

 

1. f) The USER understands and agrees that the Google Login, Facebook Login and Facebook Messenger Opt-in platforms are owned by Google and Facebook, being operated directly and fully by it, so that all decisions regarding management and operation are taken by Google and Facebook, without any type of management and/or interference on the part of the OPERATOR, which is why the OPERATOR does not offer any guarantee on the Google Platforms, whether in relation to their operation, reliability, security, functionality, support , among others. Thus, the USER is not responsible for updates on the Google and Facebook Platforms, which will or may be carried out directly by Google and Facebook, at its sole discretion. The USER understands and agrees that the use of the Google and Facebook Platforms is conditioned to the acceptance and compliance with the rules established by Google and Facebook in their terms of use, committing itself and its employees to comply with them.

 

6.2. Exclusion of damages caused by third parties: The OPERATOR is not responsible for damages of any nature caused by third parties who may have access to the system from access or to Your profile. The OPERATOR will also not be held liable due to access, interception, elimination, alteration, modification or manipulation, of the files owned by the contracting party, when resulting from access by unauthorized third parties in a physical or virtual environment external to Popconvert.

 

6.3. Limitation of liability: It is stipulated that in any case of damages suffered by either of the contracting parties, the compensation due by the other party cannot exceed the total amount effectively paid by the USER in the last 12 (twelve) months prior to the occurrence of the damage. 

 

7. USER’s Obligations

 

7.1. In addition to the obligations set forth in this Term, the USER shall:

 

1. a) use the System in your business activity under the strict terms of this Term, the Privacy Policy, also respecting current legislation and the rights of third parties;

 

1. b) be fully and exclusively responsible for the acts performed by users, third parties authorized by the USER to access the System through the creation of new user accesses;

 

1. c) take all security measures so that its personnel and/or third parties do not violate any of the OPERATOR’s intellectual property rights, and notify the OPERATOR, immediately, in case of any intellectual property violation of which it becomes aware;

 

1. d) take all necessary measures to ensure that the System is not misused, considered, but not limited to, importing a purchased contact list, sending SPAM and publishing offensive and illegal content;

 

1. e) always keep your business registration with the OPERATOR through its User Panel, as well as through the OPERATOR’s other communication channels, immediately communicating whenever there are any changes to your data, including, but not limited to, address, telephone and contact email;

 

1. f) Failure to comply with any obligation set forth in this clause, authorizes the OPERATOR, regardless of prior notice to the USER, to block or suspend the use of the System by the USER for an indefinite period, with the USER being solely and exclusively responsible for any damages that may be suffered by misuse of the System, as well as for the damages it may cause to third parties for the same reasons.

 

8. Termination

 

8.1. This Term may be terminated at any time and subject to 30 days’ notice.

 

9. Intellectual Property

 

9.1. The use of any OPERATOR’s System shall be restricted to the purpose of this Term, in accordance with the conditions established, and the parties shall preserve such rights, whether of their trademarks, copyrights, computer programs, as well as other property rights intellectual property mentioned herein and related to the System.

 

9.2. None of the provisions of this Term shall be interpreted as a form of license or assignment of intellectual property rights by either Party. In effect, each of the Parties will remain the sole and exclusive holder of their respective intellectual property rights.

 

9.3. The USER may not, under any circumstances, by any means, copy, reproduce, translate, adapt, modify, dispose of, sell, lease, sublease, assign, transfer, decompile or reverse engineer the System, in whole or in part, or use the System for any purpose other than that which you were specifically authorized to do, nor allow any third party to do so.

 

10. Confidentiality

 

10.1. OPERATOR and USER undertakes to keep and treat it as confidential and not reveal to third parties any Confidential Information related to the System and services, user data, industry secrets and others, or use such information for any purpose other than that provided for in these Terms.

 

10.2. Both the parties and their legal representatives, directors, employees, agents and consultants, including lawyers, auditors and financial advisors, are subject to the duty of secrecy and confidentiality provided for in this Term.

 

10.3. Notwithstanding the provisions of this Term, Confidential Information may be disclosed in the following cases: (i) applicable legal requirement, (ii) court order or decision or in an administrative or arbitration proceeding, or (iii) request from any regulatory authority or body of the Brazil. In any of the situations provided for in this clause, the Party that has to disclose the Confidential Information will only do so to the extent required by such administrative, arbitration or judicial order, and previously guided by the opinion of its legal advisors, committing to take all measures reasonably necessary to preserve the confidentiality of the Confidential Information, including obtaining a protective measure or other provision that may ensure the granting of confidential treatment to the Confidential Information.

 

10.4. The parties acknowledge that any breach of the confidentiality obligations of this Agreement may cause harm to the other party in an amount not readily measurable. Therefore, the parties agree, without prejudice to other applicable rights or measures, that the infringing party shall repair the disclosing party for the damages suffered, in compliance with the provisions of clause 6.3.

 

10.5. The confidentiality obligation set forth herein will remain in effect as long as the confidentiality of the information received remains.

 

11. Data Protection

 

11.1. The use and processing of data and information obtained through the Internet, capable of identifying individuals, as well as the content or private communications that occur during the provision of the Services (the “Personal Data”) will be in accordance with the applicable legislation in force and with the provisions of this Clause. Without limiting the foregoing, the OPERATOR undertakes to maintain adequate administrative, physical and technical defenses to protect the security, confidentiality and integrity of Your Personal Data. The OPERATOR undertakes not to (i) change Your data; (ii) disclose Your Personal Data, unless required by law, or if the USER expressly allows it in writing; (iii) access Your Personal Data except to provide the Services, support or resolve service or technical issues, or upon Your request in connection with customer support aspects.

 

11.2. The OPERATOR guarantees that any storage, use and processing of Personal Data collected during the provision of the services object of this Term will occur in accordance with the purposes set forth herein and in the applicable legislation, protecting them against loss, disclosure and unauthorized access, whether accidental or not, and such measures must ensure adequate security for the risks presented as a result of the nature of the Personal Data collected.

 

11.3. Nothing in this document will prejudice the rights that the USER has over the Personal Data stored in Its own systems, maintaining its full responsibility and ownership over them. The OPERATOR guarantees that Your Personal Data will not be shared in a way that harms Your business in any way, also guaranteeing that Personal Data will not be shared with other Popconvert customers, or with Your direct or indirect competitors, without express authorization for these purposes. Through this Term, the USER grants the OPERATOR a license to access and use the Personal Data and other data that are stored in its systems, exclusively to carry out the processing necessary for the provision of the Services.

 

11.4. The OPERATOR may use the Personal Data, cross them and/or enrich them with other Personal Data that are already in its possession, or that it may acquire and include in its systems, for the creation of demographic, consumption and socioeconomic profiles of individuals and legal entities; for collecting statistical and market information; as a substrate for the creation or analysis of the success of advertisements, online or offline, of its own or of its commercial partners; for the improvement of the products and algorithms of the USER or its commercial partners; as well as for the preparation of reports, metrics and other business intelligence solutions and software aimed at itself or its trading partners. In addition, Your Personal Data may be used to create new services, products and features, as well as to target advertisements to the holders of Personal Data and third parties. The OPERATOR also reserves the right to include Personal Data among its assets for any and all commercial purposes, within the limits of legitimate expectations in the use and sharing of Your Personal Data and the holders of Personal Data. Eventually, the OPERATOR may also use the Personal Data for purposes not provided for in this Clause, but which are within its legitimate expectations and the holders of the Personal Data, in accordance with the applicable legislation and contractual relationships. Any use of Personal Data for purposes that do not comply with this prerogative will be made by prior notice to the USER (the “Permitted Uses”), whenever possible and reasonable. The OPERATOR may also share Personal Data with its business partners whenever necessary to consummate an Permitted Use. Whenever possible, Personal Data will be processed and shared anonymously or pseudo-anonymously, preserving your identity and that of the holders of Personal Data.

 

11.5. The services provided for in this Term do not include the provision or processing of Personal Data that allow inferring sensitive information, which include particular elements about race, ethnicity, political beliefs, union membership, religious or similar beliefs, physical or mental health, sex life or background. of a person (the “Sensitive Personal Data”). The OPERATOR is prohibited from using Sensitive Personal Data in the System and, without prejudice to the other limitations of liability established in this Term, the USER is fully responsible to the OPERATOR, the holders of Personal Data and third parties for the availability and consequent improper treatment of sensitive Personal Data, with the OPERATOR having the right of recourse against the USER in such cases.

 

11.6. Your Personal Data will be deleted from Popconvert’s systems, upon request from the holders of Personal Data or when they are no longer necessary for the Permitted Uses, unless there is any other reason, legal or contractual basis, for their maintenance, as a possible obligation. legal retention of Personal Data or the need to preserve them to protect Popconvert’s legitimate rights and interests. In accordance with best market practices, the USER agrees and is responsible for informing the holders of Personal Data about the detailed procedure to disable the collection, processing and sharing of Personal Data, as well as to request its deletion, providing, for example, and, if applicable, links that offer such possibilities.

 

11.7. The USER agrees to process requests for deletion of Personal Data from the holders of Personal Data within the deadlines required by legislation and, in the absence of this, as soon as possible, from the moment of receipt of the request. The USER hereby undertakes to inform the OPERATOR if a holder of Personal Data wishes to exercise any right that it has, on a legal basis, over its Personal Data, so that the Parties can take appropriate measures to guarantee said rights and use their best efforts. efforts to comply with legislation. The USER guarantees that there will be no charge of fees from the holders who request the deletion of their Personal Data.

 

11.8. The USER may use any applicable legal measure in order to repair the damage caused to itself, the holders of Personal Data and/or third parties as a result of non-compliance with the provisions of this Clause.

 

11.9. The Parties undertake to follow rules of privacy, data protection, confidentiality or information security requirements, in accordance with best practices and applicable legislation, in order to guarantee the confidentiality and proper use of Personal Data and its non-disclosure, except as authorized by these Terms or by the relevant legislation. The Parties will maintain administrative, technical and physical functions aimed at protecting Personal Data against eventual destruction, loss, alteration, access, disclosure or use, accidental, illegal or unauthorized.

 

11.10. The USER declares that it has express authorization, from public or private sources, under its responsibility or not, to collect, process and share the Personal Data with the OPERATOR for the Permitted Uses, assuming full responsibility towards the OPERATOR, the holders of the Personal Data and third parties for such authorizations. The USER also guarantees that it makes all reasonable efforts to ensure that any and all collection, use, treatment and storage of data collected within the scope of its relationship with the holders of Personal Data, commercial or not, and of this Term, will always be carried out with the express, free and informed consent of the holders of Personal Data, for the Permitted Uses and for the sharing provided for in this Term, in compliance with the applicable legislation. The USER expressly agrees to include, in its privacy policies or other instruments signed with the holders of Personal Data, directly or indirectly, clear references, highlighted from the other contractual clauses and appropriate in relation to the collection, treatment and sharing with third parties of their data. and the Permitted Uses, observing the applicable legislation, in order to obtain your effective consent for the processing of the Data. The USER declares that it does not accept, for the purposes of this Term, tacit consent through participation in surveys, registrations or through contacts on social networks.

 

11.11. The USER declares that it has not acquired distribution lists, media addresses or email addresses by third parties or without the consent of the holders of Personal Data, nor that it has obtained the Data in violation of any applicable laws or regulations, further declaring , without limitation, that it did not participate in the breach of any duty of secrecy of commercial partners with whom it has its own contracts, including financial and tax secrecy. The OPERATOR may take any appropriate legal action if such a situation is found.

 

11.12. If the USER violates any rule or device signed with the holders of the Personal Data of Data related to the object of this Term, or any legislation applicable to the case, the OPERATOR reserves the right to terminate this Term without any burden or penalties, without prejudice to the collection , by means of a right of return, of any losses and damages that may be verified.

 

11.13. Under no circumstances shall the OPERATOR be liable for any tort, negligence, breach of contract or any other civil or criminal offense that the USER or its partners, service providers, account providers, employees, suppliers, distributors or agents, cause to third parties or to the holders of Personal Data, including the unauthorized use of their data, and its full responsibility is to bear any and all damages, monetary or otherwise, arising from its indirect, direct or incidental action, and the OPERATOR has the right to return against the USER for such situations.

 

11.14. Data Audit. The OPERATOR has the right, directly or through third-party representatives or consultants, provided that it is communicated, in writing, at least 10 (ten) consecutive days in advance, to audit the fulfillment of its obligations with regard to the protection of data provided in this Clause 11, including auditing the systems, equipment and databases related to your data protection obligations (the “Audit”).

 

11.14.1. The USER undertakes to fully cooperate with the audit, authorizing Popconvert employees, or persons indicated by it, to access its premises and all the locations mentioned in item a above, even remotely, provided that efforts to organize such cooperation and assistance do not interfere with or impair the performance of Your duties and obligations.

 

11.14.2. If the Audit reveals any inadequacy, and provided that such defect can be remedied, the USER undertakes to develop and provide the OPERATOR with a corrective action plan and an execution schedule, under penalty of termination of this Term or payment of compensation for losses and damages, if the Term is already extinct. Without prejudice to said plan, the OPERATOR shall have the right, if any inadequacy or considerable and well-founded suspicion of inadequacy is found, to immediately suspend the Services, upon prior notification.

 

11.14.3. Any documents and/or information requested by the OPERATOR under this Term must be presented within the period defined by mutual agreement between the Parties, except in cases of judicial determination, which must comply with the respective deadlines.

 

11.15. In case of termination of this Term, the OPERATOR will keep the data entered by the USER in its System stored for a period of 60 (sixty) days after the date of termination of this Term, for any reason, discarding them after that period.

 

12. Labor Obligations

 

12.1. This Term is strictly civil, and there is no employment relationship between the USER and its employees, directors or agents of the OPERATOR and vice versa.

 

12.2. It is the sole responsibility of the OPERATOR to bear the burdens related to the obligations and labor, social security, federal, state and municipal taxes and any others arising from the employment relationship between it and its employees, in charge of the execution of the Services object of this Term, as well as such as strict compliance with the regulatory standards of labor procedures in force.

 

12.3. If the USER is sued, at any time, in the labor scope by an employee, agent or third party who has provided services to the CONTRACTED PARTY, it undertakes to: (i) voluntarily intervene in the deed, claiming its exclusion from the liability side of the respective demand; (ii) provide all guarantees and guarantees ordered during the proceedings, whether in the first or second instance; (iii) assume full and exclusive responsibility for the payment of pecuniary convictions and requested measures, keeping the CONTRACTING PARTY safe and free from any encumbrance and/or financial disbursement in any way related to the process in progress; and (iv) bear Your procedural expenses incurred as a result of their inclusion in said processes, including attorney fees and other expenses necessary for the effective defense and full monitoring of the process, provided that the hired professionals are previously indicated or their hiring authorized by Popconvert.

 

12.3.1. The OPERATOR shall request its exclusion at the first opportunity in which it manifests itself in the records or in a hearing, if the USER is included in the passive pole of demands made by employees, collaborators and/or third parties linked to Popconvert.

 

12.4. The OPERATOR declares that:

 

12.4.1. does not, and will not, exploit any form of degrading or slave-like work, respecting the Universal Declaration of Human Rights, as well as Conventions nº 29 and 105 of the International Labor Organization – ILO, the Declaration of Fundamental Principles and Rights in the Workplace of the ILO and the American Convention on Human Rights.

 

12.4.2. does not use discriminatory practices that limit access to the employment relationship or its maintenance, due to sex, origin, race, color, physical condition, religion, marital status, family situation or any other condition.

 

13. Compliance

 

13.1. The OPERATOR assumes that its agents, employees and subcontractors shall comply during their term with all anti-corruption laws, including the Foreign Corrupt Practices Act (FCPA), US Federal Law, Bribery Act 2010 of the United Kingdom (United Kingdom Anti-Corruption Act) and Federal Law No. 12,846/2013. The CONTRACTOR guarantees that it will not, by virtue of this instrument, or any other commercial transactions involving either Party, transfer anything of value, directly or indirectly, to any person in the private sector or government officials or government-controlled companies , in order to obtain or retain any other undue benefit or advantage. The OPERATOR guarantees that no money received by him will be used as compensation or otherwise will be used to pay any bribe or kickback in violation of applicable law. The OPERATOR will maintain accurate and up-to-date accounting of all transactions involving this instrument. The OPERATOR agrees to promptly respond to questions related to the anti-corruption program and other controls related to the provisions of this Clause and that it will fully cooperate in any investigation of a violation of its provisions.

 

13.2. If any provision of this instrument is found to be unlawful, void or unenforceable for any reason, this provision will be considered a separate provision from the remainder of this document and will not affect the validity or enforceability of compliance with the terms of the remainder of this document.

 

13.3. All provisions of this Term that provide for the observance of obligations or responsibilities after the termination or extinction of this Term, will survive its termination or extinction and will continue in full force and effect, in particular with regard to intellectual property, confidentiality and privacy of data and information.

 

13.4. Both Parties expressly acknowledge that the only legal bond between them results from this Term or from contracts formally signed between them. Nothing in this instrument shall be interpreted in such a way as to place the Parties as partners, associates, consortiums, borrowers or jointly or severally liable, of any kind, including, but not limited to, civil, administrative, labor and fiscal liability. tax.

 

14. General Provisions

 

14.1. Assignment: The USER may not assign, sublicense, subcontract, transfer or dispose of any of its rights and obligations under this Term, except in the case of subsidiary companies or the same economic group, upon proof through the presentation of supporting documents. The OPERATOR may assign this Term or the rights arising from it to any of the companies of the economic group of which it is a part or that may become part of it in the future, with the Client having the right to terminate this Term without any additional burden, in up to 10 (ten) days after the communication.

 

14.2. Notifications: Notifications may be given by the Parties via email. The OPERATOR’s address for this purpose is: [email protected] the USER’s address will be the one in its registration.

 

14.3. Changes to these General Contracting Conditions: The OPERATOR may change any of the provisions of this Term. In this case, the USER will be notified by e-mail of the changes and the period for their entry into force.

 

14.3.1. If the USER does not agree with the contractual changes, it may, within a maximum period of 10 (ten) days after the notification, terminate, without any charge, this Term. After the aforementioned period has expired without the USER’s manifestation, the changes will become part, for all legal purposes, of the terms of this Term.

 

15. Applicable Law

 

15.1. The present Term and the fulfillment of the obligations foreseen therein, considering that it is a business relationship, will be governed by the Civil Code and other civil laws in force in the Federative Republic of Brazil and interpreted in accordance with its provisions.

 

15.2. The District Court of the Capital of the State of São Paulo is elected to settle any dispute arising from this Term, waiving any other, however privileged it may be.

This Term will be considered concluded and binding between the Parties at the time the USER completes its registration and the procedure provided for on the website www.popconvert.com.br, provided that, in doing so, the USER declares that it has read and understood all the terms and conditions of this Term, which is why it is recommended that the USER print a copy of this document for future reference.