Terms and conditions
These Terms of Use (“Terms”) were last updated on April 14, 2022.
The mission of this platform is to evolve people through accessible education, opening doors to opportunities and empowering them to fulfill their dreams. Anyone, anywhere can create and share educational content (instructors) and subscribe to educational content to learn (students). We believe that our marketplace model is the best way to offer valuable educational content to our users. We need rules to keep our platform and our services safe for you, our company, and our community of students and instructors. These Terms apply to all user activities on the Platform website, Platform mobile applications, TV applications, APIs and other related services (“Services”).
When publishing content on the platform, the user must also agree to the Instructor Terms. We also provide details about the processing of our students’ and instructors’ personal data in our Privacy Policy. If you are using Platform for Business as part of your organization’s Platform for Business subscription, you may refer to our Platform for Business Privacy Statement.
Table of Contents
- 1. Accounts
- 2. Subscription to Content and Lifetime Access
- 3. Payments, credits and refunds
- 4. Rules on content and behavior
- 5. Platform rights over content posted by the user
- 6. Use of the platform at the user’s own risk
- 7. Platform Rights
- 8. Subscription Terms
- 9. Miscellaneous Legal Terms
- 10. Conflict Resolution
- 11. Update to these Terms
- 12. How to Contact Us
1. Accounts
You will need to have an account for most activities on our platform. Keep your password in a safe place, as you are responsible for all activities related to your account. If you suspect someone is using your account, please contact our Support Team. You must have reached the age of consent to use the platform’s online services in your country.
You will need an account for most activities on our platform, including purchasing and accessing content or submitting content to be published. When creating and maintaining your account, you will need to provide, and continue to provide, complete and accurate information, including a valid email address. You will be fully responsible for your account and anything that happens to it, including any damage or injury caused (to us or anyone else) by someone using your account without authorization. This means that you will need to be careful with your password. It is not allowed to transfer your account to another person, nor to use any other person’s account. If you contact us to request access to an account, we only grant this access if you can provide the information necessary to prove that you own the account. In case of death of the user, the respective account will be closed.
You are not authorized to share login credentials with anyone else. What happens to your account is up to you, and our platform will not interfere with disputes between students or instructors who have shared login credentials. You must notify us immediately if you learn that someone else is using your account without your permission (or if you suspect any other breach of security) by contacting our Support Team. You may need to provide some information so that we can confirm that you are, in fact, the owner of the account.
Students and instructors must be at least 18 years of age to create an account on the platform and use the services. If you are not yet 18 years old, but you already have the minimum age for consenting to use online services in the country where you live (for example, 13 years old in Brazil according to the Child and Adolescent Statute), you cannot create an account, but we suggest asking your parent or other guardian to open an account and help you subscribe to appropriate content. Individuals who have not yet reached the minimum age to use online services may not use the Services without the consent of their legal guardian. If it becomes our knowledge that we have collected personal data from a child under these ages without the knowledge of the legal guardian, we will take the necessary steps to delete it.
Per the Instructor Terms, you may be required to prove your identity before being authorized to submit content for publication on the platform.
To close your account at any time, contact support via the contact page. Consult our Privacy Policy and check what happens when the user closes the account.
2. Subscription to Content and Access
When enrolling in a course or other content, the user will receive a license from the platform to view it through the Platform Services, but not for other purposes. It is prohibited to transfer or resell content by any means. The user will receive an access license, except when it is necessary to disable content for legal or policy reasons or for subscriptions through Subscription Plans.
Under the Instructor Terms, by publishing content on the platform, instructors grant the platform a license to offer the content to students. This means that the platform has the right to sublicense the content to students who subscribe to it. As a student, when enrolling in a course or other content, regardless of whether it is free or paid, the user receives a license from the platform to view the content through the platform and the Platform Services, being the official licensor platform. The content is licensed, not sold to the user. The license does not grant the user any rights to resell the content by any means (including by sharing account information with a buyer or by illegally downloading the content and sharing it on torrent sites).
In legal and broader terms, the platform grants the user (as a student) a limited, non-exclusive and non-transferable license to access and view content for which necessary fees have been paid, exclusively for personal, non-commercial and educational purposes, through the Services , in accordance with these Terms and any conditions or restrictions attached to certain content or features on our Services. All other forms of use are expressly prohibited. It is prohibited to reproduce, redistribute, transmit, assign, sell, radio or television broadcast, rent, share, lend, modify, adapt, edit, create derivative works, sublicense or otherwise transfer or use any content, except with explicit permission. , in written agreement, signed by an authorized representative of the platform. This condition also applies to any content that can be accessed through any of our APIs.
We generally grant an access license to students when they register for a course or other content. However, we reserve the right to revoke any license to access and use the content at any time if we decide or are required to disable access to the content for legal or policy reasons, for example if the course or other content the user signed up for is the subject of a copyright complaint or is found to violate our Trust and Safety Guidelines. This access license does not apply to enrollments made through Subscription Plans or add-on features and services associated with a course or other content you enroll in. For example, the instructor can decide, at any time, stop providing educational assistance or question-and-answer services associated with the content. It is worth noting, therefore, that access refers to the course content, but not to the instructor.
Instructors cannot grant content licenses directly to the student. Any direct license will be null and void and will be a breach of these Terms.
3. Payments, credits and refunds
When making a payment, the user agrees to use a valid payment method. In case of dissatisfaction with the content, the platform offers a refund or credit within 7 days for most purchased content.
3.1 Prices
Pricing for content on the platform is determined based on the Instructor Terms and our Promotions Policy. In some cases, the price of content offered on the platform’s website may not be exactly the same as the price offered on our mobile applications, due to the mobile platform providers’ pricing systems and their policies on implementing sales and promotions.
We occasionally run promotions and offers on our content. Some content is offered at a discount for a certain period only. The price applicable to the content will be the price at the time the user completes the purchase of the content (at checkout). Any price offered for certain content may also differ, when the user is logged into their account, from the price available to users who are not registered or not logged in, as some promotions are only available to new users.
If the user is logged into their account, the currency listed is based on the user’s location when the account was created. If not logged into the account, the price will be in the currency of the country where the user is located. Users will not be able to view prices in other currencies.
In the case of students located in a country where sales and use taxes, goods and services taxes or value-added taxes are levied on consumer sales, it will be up to the platform to collect and send the taxes to the competent tax authorities. Depending on your location, the price you see may include these taxes or they will be added at checkout.
3.2 Payments
You agree to pay fees for purchased content and authorize us to charge your debit or credit card or process other means of payment (such as boleto, direct debit, mobile wallet, internal credits and cryptocurrencies,) in connection with these fees. The platform works with payment processing partners to provide users with the most convenient payment methods possible in their country of residence and to maintain the security of payment information. We may update your payment methods using information provided by our payment partners. See our Privacy Policy for more details.
When making a purchase, the user agrees not to use any invalid or unauthorized payment methods. If the payment method fails and the user is still able to access the content to which he is subscribing, he agrees to pay the corresponding fees within 15 (fifteen) days of receiving our notification. We reserve the right to disable access to any content for which payment has not been properly made.
3.3 Refunds and Refund Credits
If the purchased content is not what the user expected, the user may request, within 7 days of purchasing the content, a refund credit or refund to his account from the platform. This refund option does not apply to Subscription Plan purchases, which are covered by Section 8.4 below. We reserve the right to apply the refund as a credit or refund to the original payment method, at our discretion, in accordance with the ability of our payment processing partners, the platform where the content was purchased (website or mobile app ) or based on other criteria. No refund will be given to the user if he requests it after the 7-day warranty deadline. However, if purchased content is disabled for legal or policy reasons, you will be entitled to a refund, even after the 7 day limit. The platform also reserves the right to refund students after the 7-day limit in case of suspected or confirmed account fraud.
To request a refund, ask support on the contact page. As detailed in the Instructor Terms, Instructors agree that students are entitled to receive these refunds.
If we decide to make cashback credits available in your account, they will be automatically applied to your next purchase of some content on our website, which may not be available on mobile apps. Credits may expire if not used within the specified period, and have no monetary value, in each case except as otherwise required by applicable law.
At our discretion, if we believe you are abusing our refund policy, such as if you have already consumed a significant portion of content for which you are requesting a refund, or if you have previously received a refund for content, we reserve the right to refuse a refund, restrict the user from future refunds, ban that user’s account and/or restrict any further use of the Services. If we ban your account or disable your access to content for violating these Terms or our Trust and Safety Guidelines, you will not be entitled to a refund.
3.4 Promotional and Gift Codes
The platform or its partners may offer promotional or gift codes to students. Some codes can be redeemed as promotional or gift credits applied to the platform account, which can later be used to purchase eligible content on our platform, subject to the code terms. Other codes can be redeemed directly for specific content. Promotional or gift credits may not be used for purchases on our mobile device apps.
These codes and credits, in addition to any promotional value related to them, may expire if not used within the period specified in the user’s platform account. Promotional or gift codes offered by the platform cannot be redeemed in cash, unless otherwise specified in the terms relating to the codes, or as required by applicable law. Promotional or gift codes offered by a partner are subject to the respective partner’s refund policies. If the user has multiple credit amounts to be redeemed, the platform can determine which of the credits will be applied to the purchase. In case of using multiple discount coupons, the purchase may be canceled and the amount refunded. For more information,
4. Rules on content and behavior
The user may only use the platform for lawful purposes. The user is responsible for all the content that he publishes on our platform. It is up to the user to keep the uploaded reviews, questions, posts, courses and other content in accordance with our Trust and Safety Guidelines and the law and respect the intellectual property rights of others. We may terminate your account for repeated or serious violations. If the user suspects that someone is infringing their copyright on our platform, it is up to the user to notify us.
Accessing or using the Services or creating an account for illegal purposes is prohibited. Your use of the Services and behavior on our platform by you must comply with all applicable local or national laws or regulations of the country in which you reside. The user is solely responsible for knowing and complying with the laws and regulations that apply to him.
If you are a student, the Services allow you to ask questions of instructors of courses or other content you are enrolled in and post reviews of the content. In certain content, the instructor may invite the user to submit content such as “homework” or tests. It is forbidden for the user to publish or send content that does not belong to him.
If you are an instructor, you can submit content for publication on the platform and also communicate with students who have enrolled in courses or content. In both cases, the user must abide by the law and respect the rights of others: it is prohibited to post any course, question, answer, review or other content that violates the local or national laws or regulations of the country in which you reside. The user is solely responsible for all the courses, contents and actions that he publishes or performs through the platform and the Services, as well as the respective consequences. It is up to the user to understand all copyright restrictions set forth in the Trainer Terms before submitting any content for publication on the platform.
If we are notified that your course or course content violates the law or the rights of others (for example, if it is established that it violates the intellectual property or publicity rights of others or is an illegal activity), if we discover that user content or behavior violates our Trust and Safety Guidelines or if we believe that user content or behavior is unlawful, inappropriate or objectionable (for example, if the user impersonates another person), we may remove from our platform user content. The platform complies with copyright laws. See our Intellectual Property Policy for more details.
The platform has the discretion to enforce these Terms and our Trust and Safety Guidelines. We may restrict or terminate your permission to use our platform and our Services or terminate your account at any time, with or without notice, for any reason, including your violation of these Terms, if you fail to pay any fees when due, in case of fraudulent chargeback requests, upon request of law enforcement or government agencies, for long periods of inactivity, for unexpected technical issues or problems, or in case of suspected involvement of the user in fraudulent or illegal activities, or for any reason in our sole discretion. Upon termination, we may delete your account and user content, as well as preventing the user from accessing and using the platforms and Services again. User content may still remain available across platforms even after account termination or suspension. The user agrees that we will have no liability to him or any third party for account termination, removal of content or blocking access to our platforms and services.
If a user has posted content that violates the user’s copyright or trademark, the user must let us know. Under the Instructor Terms, we require instructors to abide by the law and respect the intellectual property rights of others. For more details on how to file a copyright or trademark infringement claim with the platform, please see our Intellectual Property Policy.
5. Platform rights over content posted by the user
The user retains ownership of the content he publishes on our platform, including courses. We are permitted to share User Content with anyone through any media, including promoting it through advertising on other websites.
Content published as a student or instructor (including courses) remains the property of the user. By publishing courses and other content, the user allows the platform to reuse and share it, but the user will not lose any property rights that he may have over the content. If you are an instructor, it is up to you to understand the content license terms detailed in the Instructor Terms.
By posting content, comments, questions and ratings, and by sending us ideas and suggestions for new features or improvements, you authorize the platform to use and share that content with anyone, distribute and promote it on any platform and in any media, as well as making modifications or editions in it that we deem appropriate.
In legal language, by uploading or posting content on or through the platforms, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify , publish, broadcast, display and distribute the Content in any media or distribution method (now existing or later developed). This includes making user content available to other companies, organizations or individuals that maintain a partnership with the platform for association, transmission in media, distribution or publication of content in other types of media, in addition to the use of its content for marketing purposes. User also waives any rights of privacy, publicity, or any other rights of a similar nature to all these uses, as permitted by applicable law. You represent and warrant that you have all rights, powers and authority necessary to authorize us to use any content you submit. The user also agrees to all these forms of use of the content without implication of receiving any remuneration.
6. Use of the platform at the user’s own risk
Anyone can use the platform to create and publish content, and instructors and students can interact for teaching and learning purposes. Like other platforms where people can publish content and interact, there is always a risk of failure, and the user bears the risk of using the platform.
Our platform model means that we do not review or edit content for legal issues and are not able to determine the legality of content. We exercise no editorial control over the content offered on the platform and, as such, do not guarantee, in any way, the reliability, validity, accuracy or veracity of the content. When accessing the content, it is up to the user to trust any information provided by the instructor.
By using the Services, you may be exposed to content that you find offensive, indecent or otherwise objectionable. The platform has no responsibility for preventing the user from accessing such content, nor for accessing or enrolling in any courses or other content, to the extent permitted by applicable law. This also applies to any content related to health, wellness and fitness. The user acknowledges the risks and dangers inherent in the strenuous nature of this type of content and, by subscribing to such content, the user chooses to assume these risks voluntarily, including the risk of illness, personal injury, disability or death. The user assumes full responsibility for the choices made before, during and after accessing the content.
When interacting directly with a student or an instructor, it is up to the user to be careful about the type of personal information shared. While we restrict the types of information instructors can request from students, we do not control what students and instructors do with information obtained from other users on the platform. For your own safety, you should not share your email or other personal information about yourself.
We do not hire or employ instructors, nor are we responsible for any interactions between instructors and students. We are not responsible for disputes, claims, losses, injuries or damages of any kind that may arise from the conduct of instructors or students.
When using our Services, you will find links to other websites that we do not own or control. We are not responsible for the content or any other aspect of third-party websites, including the information they collect about you. It is recommended that the user also read the terms and conditions and privacy policies of these sites.
7. Platform Rights
The Platform owns the Platform and Platform Services, including the website, present and future applications and services, as well as items such as logos, API, code and content created by our employees. Tampering with or using them without authorization is prohibited.
All rights, title and interest in and to the platform and Platform Services, including the website, our existing or future applications, our APIs, databases and content uploaded or provided by our employees or partners through our Services (excluding (if, however, the content provided by instructors and students) are and will remain the exclusive property of the platform and its licensors. Our platforms and services are protected by copyright, trademark and other laws in Brazil and other countries. Nothing will grant the user the right to use the name of the platform or any of the trademarks, logos, domain names and other distinctive features of the platform brand. Any feedback, comment or suggestion that may provided by you on the Platform or Services is entirely voluntary. The platform will be free to use any feedback, comment or suggestion it deems appropriate, without any obligation on the user.
When accessing or using the Platform or the Platform Services, it is prohibited to:
- access, tamper with or use non-public areas of the Platform (including content storage), Platform computer systems or technical delivery systems of Platform service providers
- disable, interfere with or attempt to circumvent any security-related platform feature or investigate, verify and test the vulnerability of any of our systems.
- copy, modify, create derivative works from, reverse engineer, reverse assemble, or otherwise attempt to decipher any source code or content on the Platform and Platform Services.
- access, search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities provided through our website, mobile applications or API (and only in accordance with the terms and conditions of the API). Using scraping, spidering, robots or other automated means of any kind to access the Services is prohibited.
- otherwise use the Services to send altered, misleading, or false source-identifying information (such as sending email communications that falsely appear to be from the Platform); or interfere with, or interrupt (or attempt to do so) access to, any user, host or network, including, but not limited to, sending viruses, overloading, flooding, spam or email bombings on platforms or services , or otherwise interfere with or create an undue burden on the Services.
8. Subscription Terms
This section covers additional terms applicable to your use of our subscription-based collections as a student (“Subscription Plans”). By using a Subscription Plan, you agree to the additional terms in this section. Use of the for Business platform is not subject to these Terms and is governed by the agreement between the platform and the subscribing organization.
8.1 Subscription Plans
When subscribing to a Plan, the user receives a limited, non-exclusive, non-transferable platform license to access and view the content included in this Subscription Plan through the Services. With the exception of the lifetime access license granted, the terms included in the “Content Subscription and Lifetime Access” section apply to subscriptions made through Subscription Plans.
The subscription that the user purchases or renews determines the scope, features and price of access to the Subscription Plan. The user may not transfer, assign or share the subscription with anyone else.
We reserve the right to revoke any license to use content on our Subscription Plans for legal or policy reasons at any time and in our sole discretion, for example if we no longer have the right to offer the content via a Subscription Plan. Additional information about our right of revocation is included in the “Content Subscription and Lifetime Access” section.
8.2 Account Management
To unsubscribe, the user must follow the steps described on our Contact Page. If the user unsubscribes from a Subscription Plan, access to that Plan will automatically terminate on the last day of the billing period. In the event of cancellation, the user will not be entitled to receive a refund or credit for any fees paid for the subscription, unless otherwise provided by applicable law. To clarify, the cancellation of a subscription does not imply the cancellation of the platform account.
8.3 Free Trials and Renewals
User subscription can start with a free trial. The length of the subscription’s free trial period will be specified at the time of signup. The platform determines eligibility for the free trial based on its own criteria and may limit eligibility or duration. We reserve the right to terminate your free trial and suspend your subscription if we determine that you are not eligible.
We will bill the subscription fees on the user’s next billing cycle at the end of the free trial period. The user’s subscription will automatically renew according to the subscription settings (eg monthly or annually) unless the user cancels the subscription before the end of the free trial period. For more information on how to view applicable fees and dates for your free trial period, please visit our Contact Page.
8.4 Payments and Billing
The subscription fee will be informed at the time of purchase. Please visit our Contact Page to learn more about where to look for fees and dates applicable to your subscription. You may also need to include fees in your subscription fee as described in the “Payments, Credits and Refunds” section above. Payments are non-refundable and there are no refunds or credits for partially used periods unless otherwise provided by applicable law.
To subscribe to a Subscription Plan, the user must provide a payment method. By subscribing to a Subscription Plan and submitting billing information during checkout, the user grants the platform and payment service partners the right to process payment for the applicable fees through the payment method registered to the user . At the end of each subscription period, we will automatically renew the subscription for the same duration and process the payment method using prevailing rates.
If we update your payment method using information provided by our payment service providers (as described in the “Payments, Credits and Refunds” section above), you consent to continue charging the updated payment method’s then-current fees.
If payment cannot be processed by the user’s registered instrument, or if the user requests a chargeback disputing changes made to the payment method and that chargeback is granted, we may suspend or terminate the subscription.
We reserve the right to change our Subscription Plans or adjust the prices of our Services at our sole discretion. Any price changes or subscription changes will be effective upon notice to the user, unless otherwise provided by applicable law.
8.5 Subscription Disclaimers
We make no guarantees as to the availability of any specific content or the minimum amount of content in any Subscription Plan. At any time in the future, we reserve the right to offer or withhold additional features to any Subscription Plan, or otherwise modify or terminate a Subscription Plan in our sole discretion. These disclaimers are in addition to those listed in the “Disclaimers” section below.
9. Miscellaneous Legal Terms
These Terms have the same effect as any other contract and contain important legal terms that protect us from various situations that may arise and clarify the legal relationship between the platform and the user.
9.1 Contractual Obligation
The user agrees that, when registering, accessing or using our Services, he agrees to sign and be bound by a legal contract with the platform. If you do not agree with these Terms, you must not register, access or use any of our Services.
In the case of instructors who accept these Terms and use our Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.
Any version of these Terms in a language other than Portuguese is provided for convenience, and you understand and agree that the Portuguese language will take precedence in the event of any conflict.
These Terms (including any agreements and policies linked thereto) constitute the entire agreement between the user and the platform (which include, in the case of instructors, the Instructor Terms and Promotions Policy).
If any part of these Terms is held to be invalid or unenforceable by applicable law, that provision will be deemed superseded by a valid and enforceable provision that more closely matches the intent of the original provision. The remainder of the Terms will remain in effect.
Even if we do not exercise our rights immediately or fail to exercise any rights in a given case, this does not mean that we waive our rights under these Terms, and the platform may decide to enforce them in the future. If we choose to waive any of our rights in specific cases, this does not mean that we waive our rights as a whole or in the future.
9.2 Disclaimers
There may be cases where our platform stops working, either for planned maintenance purposes or due to an error on the site. There may be cases where one of our instructors makes misleading statements in the content they teach. There may also be cases related to security issues. These are just examples. The user accepts that he is not entitled to any recourse against the platform in any of these cases involving malfunctions. In legal and more complete language, the Services and their content are provided “as is” and “as available”. The platform (and its affiliates, suppliers, partners and agents) makes no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of error or accuracy of the Services or their content, and expressly disclaims any warranties or conditions (express or implied), including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. The platform (and its affiliates, suppliers, partners and agents) makes no guarantees that the user will obtain specific results when using the Services. Your use of the Services (including any Content) by you is entirely at your own risk. Some jurisdictions do not allow the exclusion of implied warranties. Therefore, some of the above exclusions may not apply to you. fitness for a particular purpose, title and non-infringement. The platform (and its affiliates, suppliers, partners and agents) makes no guarantees that the user will obtain specific results when using the Services. Your use of the Services (including any Content) by you is entirely at your own risk. Some jurisdictions do not allow the exclusion of implied warranties. Therefore, some of the above exclusions may not apply to you. fitness for a particular purpose, title and non-infringement. The platform (and its affiliates, suppliers, partners and agents) makes no guarantees that the user will obtain specific results when using the Services. Your use of the Services (including any Content) by you is entirely at your own risk. Some jurisdictions do not allow the exclusion of implied warranties. Therefore, some of the above exclusions may not apply to you. Some jurisdictions do not allow the exclusion of implied warranties. Therefore, some of the above exclusions may not apply to you. Some jurisdictions do not allow the exclusion of implied warranties. Therefore, some of the above exclusions may not apply to you.
We may choose to stop making certain features of the Services available at any time and for any reason. Under no circumstances will the platform or its affiliates, suppliers, partners and representatives be liable for any damages due to such interruptions or unavailability of such features.
We are not responsible for delays or failures in the performance of any of the Services caused by events beyond our control, such as acts of war, hostility or sabotage; natural disasters; electricity, internet or telecommunication failures; or government restrictions.
9.3 Limitation of Liability
There are risks inherent in using our Services; for example, accessing health and wellness content such as yoga and suffering an injury. The user fully accepts these risks and agrees that he will not be entitled to claim damages, even if he suffers loss or damage by using our platform and our services. In legal and more complete language, to the extent permitted by law, the platform (and our group companies, suppliers, partners and representatives) will not be liable for any indirect, incidental, punitive or consequential damages (including loss of data, revenue, profit or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, even if we have been advised in advance of the possibility of damage. Our liability (and the liability of each of our group companies, suppliers, partners and representatives) towards the user or any third party, under any circumstances, is limited to the greater amount between BRL 100.00 (one hundred reais) or the amount you have paid us in the 12 (twelve) months prior to the event giving rise to the claims. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. Therefore, some of the above situations may not apply to the user. 00 (one hundred reais) or the amount that the user has paid us in the 12 (twelve) months prior to the event that gave rise to the claims. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. Therefore, some of the above situations may not apply to the user. 00 (one hundred reais) or the amount that the user has paid us in the 12 (twelve) months prior to the event that gave rise to the claims. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. Therefore, some of the above situations may not apply to the user.
9.4 Indemnity
If the user’s behavior leads to legal problems, the platform may have legal recourse against the user. The user agrees to indemnify, defend (if so requested) and hold harmless the platform, the group companies and their officers, directors, suppliers, partners and representatives against any claim, demand, loss, damage or expense of third parties (including reasonable attorneys’ fees ) arising from (a) content that the user posts or submits, (b) the user’s use of the Services, (c) the user’s violation of these Terms, or (d) the violation of any third party rights by part of the user. The user’s indemnification obligation will survive the expiration of these Terms and the user’s use of the Services.
9.5 Governing Law and Jurisdiction
When these Terms mention “platform”, it is in reference to the platform entity with which the contract is being entered into. If you are a student, the contracting entity and governing law are generally determined by your place of residence.
In cases where the “Conflict Resolution” section, you agree with the jurisdiction and exclusive jurisdiction of the courts, the jurisdiction of the Municipality of Itajaí, in the State of Santa Catarina, is elected to resolve any doubts arising from this instrument, with waiver of any another, however privileged it may be.
9.6 Legal Actions and Notices
No action, in whatever form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action arose, except where such limitation cannot be enforced by law.
Any notice or other communication to be provided under this instrument will be made in writing and delivered by email receipt (by the platform, to the email associated with the user account, or by the user, through the contact page.
9.7 Relationship between the Parties
You and We agree that no joint venture, partnership, contract, bond or agency relationship shall exist between the parties.
9.8 Non-Attribution
The user is prohibited from assigning or transferring these Terms (or the rights and licenses granted by them). For example, when registering an account as an employee of a company, the user cannot transfer the account to another employee. The platform is allowed to assign these Terms (or the rights and licenses granted by them) to another company or person, without restrictions. Nothing in these Terms confers any right, benefit or remedy on any other person or entity. You agree that your account is non-transferable and that all rights in your account and other rights under these Terms terminate upon your death.
9.9 Sanctions and Export Laws
The user may not access, use, export, re-export, divert, transfer or disclose any part of the Services or any technical information or related materials, directly or indirectly, in a way that violates laws, rules and regulations of traffic and export control of Brazil or any other applicable country. User agrees not to upload any content or technology (including encryption information) the export of which is specifically controlled by these laws.
10. Conflict Resolution
In case of conflicts, our support team will do their best to resolve the issue. If an agreement cannot be reached and the user resides in Brazil, the options are to appeal to the small claims court or present the claim in binding arbitration. It is prohibited to file the claim in another court or participate in a non-individual class action against the platform.
This section on dispute resolution will only apply if the user resides in Brazil. Most conflicts can be resolved. Therefore, before taking formal legal action, first try to contact our support team.
10.1 Small Claims
Either party may bring a claim before the small claims court, either in (a) Itajaí, Santa Catarina, (b) or in the county where the user resides, (c) or in any other place decided by mutual agreement with the platform, as long as the claim qualifies to be filed in that court.
10.2 Submission for Arbitration
If the conflict is not amicably resolved, the user and the platform agree to resolve any claim related to these Terms (or other legal terms) through final and binding arbitration, regardless of the type of claim or legal theory. If one of the parties brings a claim in court that must be arbitrated and the other party refuses to arbitrate, the other party may apply to a court to compel arbitration (compelled arbitration). Either party may also ask a court to stay the court proceedings while the arbitration proceedings are in progress.
10.3 Prohibition of Class Actions
The platform and the user agree that they will only be able to move shares between themselves individually. This means that: (a) neither party may bring an action as a plaintiff or class member in a class action, consolidated action or representative action; (b) the arbitrator may not combine actions of several persons in a single case (or preside over any consolidated, collective or representative action); and (c) the arbitrator’s decision in a person’s case may only affect that user, and not other users, and may not be used to resolve other user disputes. If the court decides that this “Prohibition of Class Actions” provision is unenforceable and unenforceable, the “Dispute Resolution” section will become null and void, but the remainder of the Terms will remain in effect.
10.4 Changes
Notwithstanding the “Updating these Terms” section below, if the platform changes the “Dispute Resolution” section after the last date on which the user indicated acceptance of these Terms, the user may reject the change by notifying the platform of the rejection, by and -email sent by the e-mail address associated with the user account to: reservas@plataforma.com, within a period of up to 30 days after the date on which the change became effective, as indicated in the text above under “date of last update ”. To be effective, the notice must include the user’s full name and clearly indicate the intent to reject changes made in the “Dispute Resolution” section. By rejecting the changes,
11. Update to these Terms
From time to time, the platform may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), reserving the right, at its sole discretion, to modify and/or make changes to these Terms , any time. In case of any substantial changes, the platform will notify the user by effective means, such as an email notification sent to the email address specified in the user’s account or publication of a notification on our Services. Unless otherwise indicated, changes will be effective the day they are posted.
The user’s continued use of our Services after the changes take effect constitutes the user’s acceptance of the changes. Any revised Terms will prevail over all previous Terms.
12. How to Contact Us
The best way to contact us is through our support team. We would like users to express their doubts, questions and comments about our Services.
Thank you for teaching and learning and with us!