HOTMART SPARKLE - Terms of use

TERMS OF USE


WELCOME TO HOTMART SPARKLE!

HOTMART SPARKLE is a free app, property of the company LAUNCH PAD TECNOLOGIA, SERVIÇOS E PAGAMENTOS LTDA, a private legal entity, registered under ID (CNPJ/MF) nº 13.427.325/0001-05, which is responsible for its operations, that enables Users to consume and share information in different formats, such as text, audio or video. The user can interact with pre-selected content or add new ones they're interested in.


User register


Natural persons who are 18-year-old or older can register on HOTMART SPARKLE.

Persons under 18-year-old shall have legal parenting or guardian consent to use the platform. Whether it is verified a possible infraction of this section, HOTMART SPARKLE will immediately cancel the user register, and is authorized herein to notify the authorities of the fact for all legal purposes. We remind you that providing incomplete or false information constitutes a crime under the law and can lead to severe penalties to those who provide it.

The user agrees to:

  1. Provide truthful, accurate, current, and complete information when registering for the app;
  2. Maintaining and updating his or her information as to keep it truthful, accurate, current, and complete;
  3. Be responsible for any fake, incorrect, outdated, or incomplete information provided. If HOTMART SPARKLE has enough reason to suspect the truthfulness, correctness, and or lawfulness of such information, it may immediately suspend or cancel the user's access to the app without prior notification.

HOTMART SPARKLE is committed to use the REGISTER INFORMATION provided by the user only in the parameters indicated by the Privacy Policy.

The user is forbidden from assigning, selling, renting, or transferring, in other way his or her register. It will not be allowed maintaining more than one profile per user or creating new profiles by users whose original profiles have been canceled due to infractions to the Terms of Use.

The user will answer to all acts practiced on the app, including acts practiced by third-parties in his or her name.


Responsibilities


The HOTMART SPARKLE user agrees to:

(i) use the APP only for lawful ends, committing not to violate any laws, regulations or uses accepted in Brazil or in the country of usage.

(ii) use the APP with common sense, being reasonable in the comments made and videos presented;

(iii) NOT violate the rights of third-parties, specially image, voice, honor, privacy, copyright, and entity's rights;

(iv) NOT post threatening, fake or fraudulent content, neither use foul language, insults, hate speech, racism, discrimination, homophobia, or any content that might spread intolerance or religious fanaticism;

(v) NOT post videos with nudes, sex scenes, or any type of violence;

(vi) NOT post and promote content which is illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or that instigate or encourage behaviors that are illegal or inappropriate, including the instigation to crimes, whether they are violent or not;

(vii) NOT use the app to send spam mail, chain mail or any other promotion practice for commercial means, refraining from any kind of advertising or commercial action;

(viii) NOT violate or attempt to violate any security measures from HOTMART SPARKLE or take advantage of any inconsistency in the system to take advantage for oneself or cause harm to HOTMART SPARKLE and/or others.

The user who practices any of the aforementioned acts shall be warned, suspended or have their account canceled on HOTMART SPARKLE, notwithstanding the possibility to be taken the legal actions suitable.

SPARKLE, its users, or any third-party harmed are entitled to take the legal actions suitable due to the crimes or misdemeanors practiced, and/or look for civil reparation of the damages due to unfulfillment of the Terms of Use, without this reflecting to the user at fault any damages in face of HOTMART SPARKLE.


CONTENT SUBSCRIPTION SERVICES



HOTMART SPARKLE users can make exclusive content available to their audience/followers on their communities by subscribing to the service and paying a monthly fee.

To use the subscription services, the user shall register with their HOTMART Platform user (www.hotmart.com) and specify, at the appropriate field within HOTMART SPARKLE, the exclusive content to be made available via subscription.

It's important to highlight that, by registering to the HOTMART Platform, the user shall agree and respect all the rules and conditions expressed on the Terms of Use, Privacy Policy, and Cookies Policy of the HOTMART Platform, in whatever does not conflict with HOTMART SPARKLE's Terms of Use herein.


FEE FOR THE USAGE OF THE SUBSCRIPTION SERVICES


Due to the technological tools contained on the HOTMART Platform concerning the subscription services, the user is subjected to the payment of a LICENSE FEE in the amount of 9% (nine percent) of the total amount of the transaction. Moreover, the minimum amount to be charged as a LICENSE FEE cannot be less than BRL 1.49 (one Brazilian Real and forty-nine cents). It is important to note that the subscription fee to be set by the USER cannot be less than BRL 5.00 (five Brazilian Real).

Here, we emphasize that the technological tools are licensed in the state they are found and can be modified, substituted or removed from the HOTMART Platform at any moment without previous warning.


CANCELLATION AND REFUND RULES FOR SUBSCRIPTION SERVICES


By using HOTMART SPARKLE's subscription services, operated through the HOTMART Platform, the user shall provide all the information requested about him/herself (including bank details), concerning the price of the exclusive content offer subject to the subscription content, and payment methods, being able to change such information at any time, without the need to give prior notice but being responsible in the face of his/her buyers.

If the buyer decides to make a transaction and decides to cancel the subscription services hired, the buyer will be able to send, within the regret period of 7 (seven) days, a cancellation request for the subscription through the link received via email message at the moment of the confirmation of the subscription, with the respective refund relative to the month due, since the previous months will not be object of refund, as the exclusive content may have already been consumed by the buyer.

Once the claim has been sent to the link mentioned above, and within the regret period, as the user is still responsible for the technical and quality aspects of the content created, HOTMART SPARKLE, through HOTMART, will notify the user in question and provide the period of up to ten (10) calendar days so that he or she replies to the claim with a justification or an attempt to solve the problem. If the use does not contact HOTMART within this period, the refund request may be executed automatically, and data from the user may be provided to the buyer, as per Privacy Policy.

If there is a dispute between the buyer and the user that can not be solved by the proceeding herein established, the amounts will be refunded, as the parties involved are then meant to solve the dispute by reasonable endeavors.


HOTMART SPARKLE (WALLET) PAYMENT SERVICE AND ACCOUNT


Opening and Using HOTMART SPARKLE Payment Account

HOTMART SPARKLE users will have access to an individual and exclusive payment account (wallet) of their own, in order to enable the provision of Payment Services and use of other tools provided by HOTMART SPARKLE. Thus, the HOTMART SPARKLE account is personal and non-transferable and is assigned to a single User, except in the exceptional cases expressly authorized by HOTMART SPARKLE at its sole discretion.

The HOTMART SPARKLE payment account is managed by LAUNCH PAD TECNOLOGIA, SERVIÇOS E PAGAMENTOS LTDA, as a Payment Institution, under Brazilian Law Number 12,865/13 and other regulations issued by the Central Bank of Brazil (BACEN).

In order to open a HOTMART SPARKLE payment account, the User must register with HOTMART SPARKLE by providing the required information as needed (individual or legal entity) in order to be able to use the Payment Services operated through their account. The user must be the final payee and the holder of the HOTMART SPARKLE payment account as well as the linked registered bank account.

In addition, Users must fully accept the terms of the Payment Account Opening Accreditation Agreement and Payment Arrangement Regulation Hotmart made available by LAUNCH PAD TECNOLOGIA, SERVIÇOS E PAGAMENTOS LTDA and accessible at the time of User registration.

Users acknowledge that HOTMART SPARKLE payment accounts may have limitations on the total balance of funds contributed and/or moved in a month, as well as restrictions on maximum transfer amounts, according to their characteristics, according to operating criteria established by HOTMART SPARKLE and/or regulatory requirements imposed by BACEN.

The User agrees to keep his passwords safe and confidential, as HOTMART SPARKLE will not be, under any circumstances, responsible for any damages caused to the User or any third parties for the disclosure and misuse of them. As a result, the User will be solely responsible for any transaction made from their payment account. In this regard, the User shall immediately notify HOTMART SPARKLE, through appropriate and reliable means, of any unauthorized use in their account, as well as access or attempted access by unauthorized third parties.

The User hereby agrees and authorizes HOTMART SPARKLE and/or the HOTMART GROUP company to debit, directly from your payment account balance, any costs and charges that may apply as a result of the services provided by HOTMART SPARKLE.

Users agree that HOTMART SPARKLE may, in its sole discretion, preventively block the account(s) and any amounts therein, whenever they become aware of any act or conduct that may characterize as an illegal practice, especially in connection with money laundering, terrorist financing and crimes, infringement of image rights, intellectual and industrial property rights, violation of the HOTMART PLATFORM Terms of Use and Privacy Policy or infringement of the rights of USERS or third parties.

In addition, Users agree that HOTMART SPARKLE may also, in its sole discretion, preventively lock out the account(s) and any amounts therein if atypical parameters and indices of refunds, chargebacks and other operating indices are identified, which are subject to analysis by the Risk and Compliance teams, which indicate the need for the block to be effective in order to protect the rights of USERS, BUYERS and third parties.

The preventive block will, as a rule, be maintained until (i) it is found that the suspicious act or conduct was not an illegal practice, based on HOTMART SPARKLE criteria and exclusive assessment; (ii) the parties involved properly formalize the amicable settlement of the matter; or (iii) by court order or administrative authority determination that contains clear and specific identification of the content or act identified as infringing, allowing its proper identification and adoption of the required measures. If the illegal nature of the conduct is confirmed, the preventive block will be converted into definitive, and the amounts existing in the account will only be released to the rightful person and by court order.

It is noteworthy that the preventive block mentioned above does not characterize the application of penalty to USERS, as it is a precautionary measure adopted with the sole purpose of seeking to avoid the occurrence of damages, damages or violations of the rights of USERS and third parties.

In any event, including termination of use of the application, HOTMART SPARKLE may, in its sole discretion, retain all or part of the balance in the account, if it is believed that such measure is necessary to ensure the payment, refund and refund due on reason of any liability, obligations or debt that the USER may have incurred with HOTMART SPARKLE and/or third parties, as well as in the event of chargebacks, including as a guarantee to cover potential damages to HOTMART SPARKLE, including but not limited to any fines applied by credit card companies and card accreditors.

Finally, Users acknowledge and authorize HOTMART SPARKLE to report to the responsible control and enforcement organizations any acts, conduct and practices that contain indications of irregularities and/or illegalities, without causing any type of damage or moral and property damage to the reported User.


PAYMENT SERVICES, CONTRIBUTION AND FUNDS UTILIZATION


Payment Services

Payment Services provided to Users may be as follows: (i) make available payment, contribution, transfer and/or withdrawal, in accordance with own or third party payment arrangements, of funds held in Accounts, with the possibility of using such resources in the purchase of services and products; (ii) perform or facilitate payment instruction related to or not related to certain payment services, including transfers originating from or intended for the Account; (iii) manage Accounts held by individuals or companies; (iv) issue Electronic Currency and manage its use; (v) issue payment instruments; (vi) accredit and accept payment instruments and the use of Electronic Currency; (vii) execute remittance of funds; (viii) convert physical or book-entry currency to Electronic Currency, or vice versa; (ix) capture and perform financial settlement of payment transactions through systems provided by HOTMART SPARKLE or third parties; and/or (x) other activities related to the provision of payment services designated by BACEN.

Please note that the Payment Services listed above may be limited, at HOTMART SPARKLE's sole discretion, as needed and/or operationally.

Users agree and acknowledge that HOTMART SPARKLE and the services offered do not, in any respect, characterize activities and services provided by a financial institution, insurer or other regulated financial activity. Thus, it is emphasized that HOTMART SPARKLE does not provide any banking and/or exchange services to Users, and the use of the HOTMART SPARKLE payment account should be understood as a payment service provided by LAUNCH PAD TECNOLOGIA, SERVIÇOS E PAGAMENTOS LTDA, as a Payment Institution, under Brazilian Law Number 12,865/13 and other regulations issued by the Central Bank of Brazil (BACEN).

Contributions to the Payment Account

Considering that the payment accounts provided by HOTMART SPARKLE are of the “prepaid” type, their use depends on the previous contribution of resources, represented in Electronic Currency.

The payment account may receive the resources (contributions) in the following ways:

  1. Settlement of sales transactions intermediated with the HOTMART SPARKLE and/or HOTMART tool, resulting from QR code payments, Credit Cards, PayPal, etc;
  2. Issuance and payment of a bank slip, not linked to a purchase transaction;
  3. Transfer between HOTMART SPARKLE payment accounts (using account balance); and
  4. Cashback from loyalty programs established by HOTMART SPARKLE and/or its trading partners (PRODUCERS and PARTNERS). At Cashback the User receives back part of the amount paid to the HOTMART SPARKLE partner due to the purchase of products or services.

The forms of payment account contributions may be changed by HOTMART SPARKLE, in its sole discretion and at any time.

Existing Funds Utilization in the Payment Account

The User may request all or part of the balance already available in his payment account or keep the balance represented in Electronic Currency for use in other operations through HOTMART SPARKLE and/or the HOTMART PLATFORM.

It is noteworthy that the balance from Cashbacks granted to the User may only be used for operations carried out through HOTMART SPARKLE and/or the HOTMART PLATFORM, such as the acquisition of digital products and/or services from accredited partners.

The PRODUCER and/or PARTNER are solely responsible for establishing the Cashback policies and rules related to the purchase of their products and services, including whether or not to establish a deadline or expiration date for the use of Cash Back amounts.

Funds held in payment accounts may be withdrawn by Users in one of the following ways: (i) transfer to another HOTMART SPARKLE payment account; (ii) User withdrawal request to bank account, within two (2) business days following the withdrawal request; and (iii) use of the balance to purchase digital products and/or services from accredited partners.

Regarding the hypothesis of a withholding expressed in item (ii) above, if the financial institution (Bank) indicated by the User refuses to receive the funds, this will be informed to the User in his/her payment account, so that he/she seeks can resolve the issue with his/her Bank. It is important to note that in such cases, as the refusal was made by the User's Bank and not because of HOTMART SPARKLE failure, withdrawal fees will be due.

Withdrawal from the payment account balance by check or any other means not expressly stated in these Terms of Use will not be authorized.

Users agree that withdrawals may be subject to fee charges, which will be debited from the existing balance in the User's account, as already authorized by this Term, and the amounts due and debited will be previously informed to Users.


HOTMART SPARKLE IS NOT HELD RESPONSIBLE:


(i) for any damage to any user or third-party caused by the improper use or not of the app, including but being limited to, moral damages due to offenses to the honor, privacy, image, and voice;

(ii) for the veracity of the comments or information on video included in the app by its users;

(iii) for any damage or loss in the equipment cause by system failures, server failures or internet failures due to the acts of third-parties;

(iv) for damage due to malware attacks or any other kind of program code or malicious or harmful software to the user's equipment caused by access, use, or browsing of the HOTMART SPARKLE app or because of data, file, image, texts, or audio transfers;

(v) for damage caused by loss due to technical difficulties, failures in our systems, including your protection, safety, non-interruption, delays and imperfections, as well as internet problems;

(vi) for mistakes in the promotion of content by using the tools contained in or related to HOTMART SPARKLE, which may cause difficulty in the access and/or subscription of a specific content;

(vii) for content included in HOTMART SPARKLE will only remain available for promotion if they comply with these Terms of Use. HOTMART reserves the right to remove any CONTENT that is not in accordance with its norms and policies;

(viii) the services and features made available through HOTMART SPARKLE are provides as is, without any expressed or tacit guarantees, including, among others, guarantees of marketability, adequation to specific ends, non-violation and protection against computer virus or other malicious code;

(ix) we do not guarantee that the information provided by us are exact, complete, or useful;

(x) we are not responsible for the control of how or when our users will use our services or features, the services and the interfaces provided by these services;

(xi) we are responsible and do no force ourselves to control the actions or information (including content) from our users or third-parties that are promoted and/or made available on HOTMART SPARKLE. Therefore, you, user, exempts HOTMART SPARKLE, its subsidiaries, affiliates and the members of the board, directors, employees, partners or representatives, from claims, demands, cause of action, controversies or conflicts and from paying damages, known or otherwise, relative to the user of HOTMART SPARKLE or the content existent within it.

HOTMART SPARKLE reserves the right to remove, at its discretion, but not being obliged to, any content that is considered unsuitable, without the need to notify the user, highlighting that HOTMART SPARKLE does not exercise editorial control over the content posted by the user of the app, not being held responsible for it in any aspect;

HOTMART SPARKLE is not responsible for the constant availability of the app and the user recognizes that due to operational issues, the app is subjected to possible interruption problems, technical failures and temporary unavailability, without leading to the right to rights to damages at any given moment, in any unforeseeable circumstances, excluded of responsibility.

If there is a request for information on the users, HOTMART SPARKLE is committed to only provide information that it possesses and that have been provided voluntarily by the user. Our Privacy Policy and our Cookie Policy clear any questions in this respect.


Copyrights, Intellectual Property, and Image and Voice Rights


The commercial expression of HOTMART SPARKLE as a brand, commercial name, or domain name, as well as the use of illustrations, layout and all the content on the HOTMART SPARKLE screens, as well as in the programs, database, network, and files that allow the utilization of the tool by the users are of exclusive use of HOTMART SPARKLE and its administrators and are protected by law and international treaties of copyrights, brands, patents, models and industrial designs.

By making any comment or recording any video on the HOTMART SPARKLE app, the user declares that is the author of the material or that has the express authorization by the author to publish such material on the app, respecting all the rights of intellectual property and the ones from the protection of registered brands, as well as all the rights referring to third-parties that may be, or were, in one way of another, available on the portal. The simple access to the app does not grant to the user any rights over the use of names, titles, words, sentences, brands, patents, literary work, art work, musical work, images, among others, which are, or were, available.

The reproduction of the content detailed above is forbidden, except with previous authorization in writing by HOTMART SPARKLE. en.html

HOTMART SPARKLE respects the rights of intellectual property of all involved and spares no effort in protecting its rights. If HOTMART SPARKLE is notified of an occurrence of breach of intellectual property it may, but is not obliged to, remove the content that is in violation.

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

To inform us of a violation to the rights of intellectual property, please contact us through the icon "Report" on the app, describing the reason for the "Violation of Rights of Intellectual Property".


Offences to personality rights: defamation, libel or slander


If any persons understand that a comment or video from a user, that was published on the HOTMART SPARKLE app violates their personality rights, such as honor, image, voice, name, privacy, they may send a complaint to HOTMART SPARKLE, through the icon "Report".

HOTMART SPARKLE then may, but is not obliged to, remove the content reported, notifying the person who made the complaint and notifying the user of the measure, in the terms of current legislation.


LIABILITY WAIVER OF THE APP


In cases that one or more users, or any third-party initiates any kind of dispute, complaint or takes legal action against another user or other users, all the users involved in the dispute, complaints or actions, exempt from any liability HOTMART SPARKLE and its directors, managers, employees, agents, operators, representatives and proxies, including what refers to costs and legal fees incurred by the users in promoting the disputes, complaints or actions.

Moreover, HOTMART SPARKLE and the parties associated to it are not held responsible for loss of profit, consequential losses, punitive damages, or special, direct or indirect damages due or relative to our terms, to us or to our services, even if we have been warned of the possibility of such damages. In some locations, the laws or jurisdictions may not allow the limitation or exclusion of certain damages; therefore, some or all the limitations and exclusions described above may not be applicable to users. Notwithstanding any disposition that is contrary to our terms, in these cases, the responsibility held by HOTMART SPARKLE is limited to the maximum permitted by the applicable legislation.


Redirecting


The users recognize that the HOTMART SPARKLE app may contain links to other websites of the network, which does not mean that these websites are the property of, or operated by, HOTMART SPARKLE.

HOTMART SPARKLE is not responsible for the materials, information, or content published on third-party websites, nor for the availability of these websites, being the responsibility of the user's discernment, precaution and common sense to access third-party websites, and read their privacy policies and terms of use.


Changes to the Terms of Use


HOTMART SPARKLE reserves the right to change the Terms of Use at any given moment, without previous notice, and the simple utilization of the app after any changes made implicates in an acceptance of the terms.


Changes to the app and cessation


HOTMART SPARKLE reserves the right to promote changes in the characteristics or features of the app, as well as suspending or discontinuing its use at any given moment, at its discretion, being committed, in case of discontinuity, to notify the user 10 (ten) days in advance through a notice on the initial screen of the app.


Applicable Law


These Terms of Use were created on November 18th, 2015, and are under Brazilian law and international treaties, and therefore any legal action derived from its interpretation or application must be carried out by the Brazilian Judiciary Power.

In case of disputes in different locations, for the interpretation of any question or litigation, the legislation of the State of Minas Gerais, Brazil, must prevail.

The jurisdiction of Belo Horizonte, State of Minas Gerais, is chosen to settle any controversies arising out of the interpretation of and compliance to these Terms or Use, regardless of any other, however privileged it may be or become. These Terms of Use present the "General Conditions" applicable to the use of HOTMART SPARKLE, which administration and exclusive rights of use in Brazil are of LAUNCH PAD TECNOLOGIA, SERVIÇOS E PAGAMENTOS LTDA., a private legal entity registered with the Corporate Tax Number/Treasure Ministry (CNPJ/MF in Brazil) 13.427.325/0001-05.