Terms and conditions of use

Welcome to the digital platforms of Pacto Soluções Tecnológicas Ltd.

We are a company that provides software and application services for the fitness market, serving companies, institutions, self-employed professionals and others who work in this field of activity.

We appreciate your interest in using our services. By visiting our website and/or using our services, you are agreeing to the Terms and Conditions described below. Please read this document carefully.

To use, pay attention to the service policies provided below.

Do not misuse our services. You can use them only in accordance with the law.

We may suspend or stop providing our services if there is a breach of our Terms and Conditions of Use or policies or if we are investigating cases of misconduct.

This document (Terms and Conditions of Use) sets out the terms and conditions for you to use our services lawfully and your continued use represents your consent to this document, whether you are a visitor (person who uses the services without registering) or a member (person who has a registered account). These terms and conditions include a set of rules by Pacto Soluções Tecnológicas for the acceptable use of the services and content published on our digital platforms (websites and applications), your rights, obligations and restrictions in relation to the use of the services. In addition, when you use any services, content or other materials we produce, whether current or future, you will also be subject to the Customer Agreement or other agreement that governs your use of our services (Agreement), as well as our Privacy Policy.

The information you provide is very important, so choose carefully what you publish on Pacto Soluções Tecnológicas digital platforms and applications and/or provide to other users. Your profile on Pacto Soluções Tecnológicas ' digital platforms may not include the following items: photographs that contain nudity or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subjects. Despite this prohibition, the information provided by any user registered on Pacto Soluções Tecnológicas platforms (for example, in their profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, product or service, and we assume no responsibility or liability for this stuff. If you become aware of any misuse of the services by anyone, please contact us at dpo@pactosolucoes.com.br or click on the "Report Abuse" link located at the bottom of our websites.

Pacto Soluções Tecnológicas reserves the right, in its sole discretion, to reject, refuse to publish or remove any publication (including private messages) made by you, or to restrict, suspend or terminate your access to all or any part of the Services at any time, for any or no reason, with or without notice and without liability.

  1. Eligibility . You do not need to become a registered user to use some of the services. However, if you do not register, you may be prevented from using certain elements of the Services, such as: participation and contribution to any forum, i.e. chat rooms, message boards, bulletin boards or similar activities in which you and others users can communicate. By using the Services, you represent and warrant that (i) all registration information submitted is true, accurate and complete and that you will update it as necessary; (iii) you are 13 years of age or older; and (iv) your use of the Services does not violate any applicable law or regulation. Your profile may be deleted, your use of the services suspended and your subscription terminated without notice if you provide any information that is false, inaccurate or incomplete or we have reasonable grounds to suspect that this is the case or that you have less 13 years old.
  2.     Privacy. Use of the services is also governed by our Privacy Policy, which is incorporated into these terms and conditions by this reference.
  3.     Feeding suggestions . Feeding suggestions, weight loss tips and nutritional information are intended solely to assist users in their personal weight loss or goal achievement efforts. Pacto Soluções Tecnológicas is not a medical organization and does not provide medical, nutritional or diagnostic advice. Nothing contained in the services of Pacto Soluções Tecnológicas should be interpreted as advice or diagnosis. The information and reports generated by us should not be construed as a substitute for medical consultation, assessment or treatment. It is recommended that you perform physical activity with the guidance of a professional in the area. Look for a trained professional before starting any physical exercise or diet for your desired goal, be it weight loss, weight gain or dietary reeducation. This service is intended for use by healthy adult individuals only. The Services are not intended for use by minors, pregnant women or individuals with any type of health condition. These individuals are specifically advised to seek professional medical advice before initiating any form of weight loss effort or diet or for any other goal they wish to achieve.

It is the user's responsibility to consult a health and nutrition professional to make the following food and diet choices according to their health circumstances, age, goals to be achieved, among other factors that must be considered by these professionals. We assume no responsibility, under any circumstances, for any damage caused by negligence or improper consumption of food.

The choice of the menu and/or suggested foods, even through the application, is the user's responsibility. So, check that the food does not contain the substance or food that is unwanted or inappropriate for your physical, mental and emotional condition. Pacto Soluções Tecnológicas IS NOT RESPONSIBLE for anything that will be consumed by the user, thus leaving its personal assessment and decision. We recommend that before changing any eating habits, seek guidance from professionals in the area.

  1. Effectiveness and Modifications of Provisions. These terms and conditions will remain in full force and effect while you use the services or are a member. You may terminate your subscription at any time, for any reason. We may terminate your subscription at any time without notice. Even after you no longer have access to and/or use of the services, these terms and conditions will remain in effect. We may update the Terms and Conditions of Use at any time. We recommend that you periodically review our Terms and Conditions of Use posted on digital platforms.
  2. Contractual terms and prices. Although Pacto Soluções Tecnológicas has free-to-use versions of certain services, you acknowledge that we reserve the right to charge you for the services and to change your fees from time to time at our discretion. And if you contract software services, then you must observe, in addition to the Terms and Conditions of Use, the amounts and payment conditions provided for in the contracted subscription.
  3. Access to our application for students: The mobile app ( application for mobile devices) available for hiring our customers and partners for use by their students has two access options: Basic and Premium. You will have access to the application by virtue of your contract with a partner company or contractor of our services. And if you stop contracting the services of the partner or contracting the application services of Pacto Soluções Tecnológicas , or if the contracting party or partner cancels the contract with Pacto Soluções Tecnológicas , you will lose the basic access subscription and continue with the premium access subscription , as per the terms of the subscription, for the price and time defined therein.
  4. Subscribing to Premium Access: For billing, trial period or cancellation questions, you should observe the App Store (Apple) or Play Store (Google) application store terms of use . It is not up to us to resolve situations regarding the charge for the contracted premium access . It is important to clarify that once payment has been made for the premium access subscription , the amount will not be refunded, even if you or the contractor or partners of Pacto Soluções Tecnológicas cancel the subscription to the application.
  5. Password. When signing up to become a member, you will also be asked to choose a password. You are entirely responsible for maintaining its confidentiality. You agree not to use another member's account, username or password at any time or to disclose your password to others. You agree to notify Pacto Soluções Tecnológicas immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
  6. Non-commercial use by users. The Services are for the personal use of users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. Illegal and/or unauthorized use of the services, including the collection of usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails or unauthorized framing or linking for Pact Technological Solutions . Commercial advertisements, links from partners and/or any third parties and other forms of solicitation may be removed from users' profiles without notice and may result in the termination of users' privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Services.
  7. Property rights over the content of Pacto Soluções Tecnológicas . By displaying or publishing (posting) any content (messages, text, files, images, photos, videos, sounds, profiles, works of authorship or any other materials - collectively known as content) on or through the Services, you grant us a fully royalty -free, non-exclusive license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit and distribute such content on and through the services. This license will terminate the moment you remove the content from our services. Notwithstanding the foregoing, a backup or residual copy of the content posted by you may remain on our servers after you have removed the content from the Services, we retain the rights to such copies. You represent and warrant that: (i) the posting of your content on or through our services does not violate the privacy rights, publicity rights, copyrights, contractual rights or any other rights of any person. You agree to pay all royalties , fees and any other amounts owed to any person in connection with any content posted by you or through our services. and (ii) posting your content on or through our services does not violate the privacy rights, publicity rights, copyrights, contractual rights or any other rights of any person.
  8. User control for privacy setting. Other users can view your profile information, so please set your privacy whether or not to allow them to view your information.
  9. Publications. Visitors and users can post ratings, comments and other content; and submit suggestions, ideas, comments, questions or other information as long as the content is not illegal, obscene, threatening, defamatory or otherwise injurious to third parties or objectionable, does not invade privacy, does not violate intellectual property rights, and does not contain viruses software, does not consist of political campaigning, commercial solicitation, chain letters, direct mail, or any form of spam . You may not use a false email address, impersonate any person, entity or provide misleading information about the origin of a card or other content. We reserve the right (but not the obligation) to remove or edit such content, but do not regularly review posted content.

We may delete any content that, in our sole discretion, violates these Terms and Conditions or that may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. We assume no responsibility for monitoring the Services for inappropriate content or conduct. If, at any time, we decide, in our sole discretion, to monitor the Services, we assume no responsibility for the content, no obligation to modify or remove any inappropriate content, and no liability for the user's conduct in submitting such content. You are solely responsible for the content you post on or through any of the services, and for any material or information you transmit to other users and for your interactions with other users. We do not endorse and have no control over the content. Content is not necessarily reviewed by us prior to publication and does not necessarily reflect our views or policies . We make no warranty, express or implied, as to the content or the accuracy and reliability of the content or any material or information that you transmit to other users. You understand that by using the Services, you may be exposed to offensive or objectionable content. Under no circumstances will we be responsible in any way for any content (except for content developed by us).

Advertisements we send: You may receive advertisements for products and services offered by us or third parties, as well as receive notifications on various subjects.

Marketplace: You can, through the application, have access to several virtual stores to make purchases or contract services. Therefore, pay attention to the stores' privacy policies and terms of use, before making any contract. We are not responsible for any failures in the provision of services and/or products offered by suppliers, virtual stores, delivery services, for customer service, involved in advertising and/or commercialization operations. For this reason, we do not guarantee the veracity of information on products and services provided by third parties responsible for the e-commerce available in the application for students , and therefore, we are not responsible for any discrepancies or inconsistencies in the services provided by them. Any problems caused by publications and sales of third-party products and services must be dealt with directly with the Virtual Store through its service channels.

Interactions with users: You may interact with other users linked to other contractors and partners of our services. The aim is to promote the construction of a network of relationships and participation in challenges with rewards or not.

Permission of parents or guardians. Some of the content may not be appropriate for children. Children under the age of 13 are not allowed to use the services. We strongly recommend that persons between the ages of 13 and 18 seek their parent's or guardian's permission before using the Services.

Content/Prohibited Activity. The following is a partial list of the type of content that is illegal or prohibited from posting on or through the Services. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this clause, including, without limitation, removing any offensive communication from the Services and terminating the membership of such violators. Prohibited content and activity include, but are not limited to, content that, in our sole discretion:

a) Is clearly offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

b) harasses or advocates harassment of another person;

c) Exploits people in a sexual or violent manner;

d) Contains nudity, violence or offensive subject matter or contains a link to an adult website;

e) Solicit personal information from minors under the age of 18 or harm minors in any way;

f) Provide any telephone number, address, last name, URL or email address;

g) Promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

h) Promotes an illegal or unauthorized copy of another person's copyrighted work or contains materials that infringe any patent, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;

i) Contains information that you do not have the right to publish under any law or under contractual or fiduciary relationships (such as proprietary and confidential information);

j) Involves the transmission of "junk mail", "chain letters", "pyramid schemes" or unsolicited bulk sending, instant messaging or "spamming" ;

k) Contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page);

l) Promotes any criminal activity or enterprise or provides instructional information about illegal activities;

m) Request passwords or personally identifiable information for commercial or illegal purposes from other users;

n) Involve commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising or pyramid schemes; or

o) Includes a photograph of another person that you posted without that person's consent.

Examples of illegal or prohibited activity. The following is an exemplary list of the type of activity that is illegal or prohibited in the services provided by us. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this clause, including, without limitation, reporting it to legal authorities. Prohibited activity includes, but is not limited to:

a) Criminal or illicit activity, including child pornography, fraud, trafficking in obscene material, drug trafficking, gambling, harassment, stalking, spamming, sending viruses or other harmful files, copyright infringement, patent infringement or theft of trade secrets;

b) Advertise or solicit any member to buy or sell any products or services through our services. You cannot transmit letters

chain or junk mail to other users. It is also a violation of these rules to use any information obtained from the Services to contact, advertise, solicit or sell to any member without their prior explicit consent;

c) Cover or hide the banner advertisements on any page of ours via HTML/CSS or any other means;

d) Modify, adapt, translate or reverse engineer any part of the Services;

e) Use any robot, spider, website search/retrieval application or other automated device, process or means to access, query, retrieve, index or otherwise collect any part of the Services (except with our consent);

f) Access, retrieve or index any part of the Services for the purpose of building or populating a searchable database that is in any way similar to content produced and/or published by us;

g) Any automated use of the system, such as the use of scripts to send comments or messages;

h) Interfering with, interrupting or creating an undue load on the services or on the networks or services connected to the services;

i) Attempt to impersonate another member or person;

j) Use another member's account, username or password at any time or disclose your password to third parties or allow third parties to access your account;

k) Sell or transfer your profile;

l) Use any information obtained from the Services to harass, abuse or harm another person;

m) Display an advertisement on your profile or accept payment or anything of value from a third party in exchange for performing any commercial activity on or through the Services on that person's behalf, such as placing commercial content on your profile, posting blogs or newsletters with commercial purpose or sending private messages for commercial purposes; or

n) Use the Services in a manner inconsistent with any and all applicable laws and regulations;

o) Resell or allow use, even if free, of premium access to third parties.

Contents of the Technological Solutions Pact . We own and retain all rights to our content and services, which are protected by copyright, trademark, patent, trade secret and other laws. We grant you a limited, revocable, non-sublicensable license to reproduce and display our content (excluding any software code) solely for your institutional and/or personal use in connection with our viewing and use of the services. Unless otherwise specified by us in a separate license, your right to use any software, data, documentation or other materials that you access or download via the digital platforms is subject to these Terms and Conditions of Use and, if you have an account with us, you must also observe the terms of the contract.

Intellectual property e. The Services contain content from our users and other licensors. Except for content posted by you, you may not copy, modify, translate, publish, transmit, distribute, perform, display or sell any content that appears on or through the Services. Your use of our services does not give you ownership of any intellectual property rights in our services or in the content you access. You may not use content from our services unless you obtain our permission or do so by any means permitted by law. These Terms and Conditions do not give you the right to use any brands or logos used in our services. Do not remove, obscure or alter any legal notices displayed on or alongside our services. Our services display some content that we do not own or author. These contents are the sole responsibility of the person or company that makes them available. We may send you service announcements, administrative messages and other information that you have already authorized.

With respect to your data, we observe the privacy policy that sets out how we treat your personal data and protect your privacy when you use our services. By using it, you agree that we or our partners may use this data in accordance with our privacy policies.

Copyright Policy. If you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please contact us and provide the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the Copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material you claim is infringing is located on the Services; (iv) your address, telephone number and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury (false oath), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Send a message to: dpo@pactosolucoes.com.br with these details to verify the complaint.

Disputes between users. You are solely responsible for your interactions with other users of the application and we reserve the right but have no obligation to monitor disputes between you and other users.

Disclaimer. We are not responsible for any incorrect or inaccurate content posted on or in connection with the Services, whether caused by us , users of the Services, or any equipment or programming associated with or used in the Services. The Services may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed on such sites, and such sites are in no way investigated, monitored or verified for accuracy or completeness by us. The inclusion of any linked site in the Services does not imply approval or endorsement of the linked site by us. When accessing these third party websites, you do so at your own risk. We are not responsible for third-party advertisements that are posted on or through the Services, nor do we assume any responsibility for the goods or services provided by their advertisers. We are not responsible for the conduct, whether online or offline, of any user of the Services. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access or alteration of any user or member communication. We are not responsible for any problems or technical malfunctions of any network or telephone line, online computer systems, servers or providers, computer equipment, software, failure of any emails or players due to technical problems or traffic congestion on the Internet or any of the Services or a combination thereof, including any injury or damage to users or anyone's computer related to or resulting from participating in or downloading materials in connection with the Services. Under no circumstances will we be liable for any loss or damage, including personal injury or death, resulting from your use of the Services, participation in our events, any content posted on or through the Services, or the conduct of any users of the Services, whether online or offline. The Services are provided "as is" and as available, and we expressly disclaim any warranty of fitness for a particular purpose or non-infringement. We cannot guarantee and do not promise any specific results from using the Services. Under no circumstances will we be liable for any loss or damage, including personal injury or death, resulting from your use of the Services, participation in our events, any content posted on or through the Services, or the conduct of any users of the Services, whether online. or offline.

Limitation of Liability. IN NO EVENT SHALL PACTO SOLUTIONS TECHNOLOGICAL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS DAMAGES ARISING OUT OF YOUR USE OF THE SERVICES, EVEN IF ANY SUCH REMEDIES AGREEMENT DAMAGE NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PACT SOLUTIONS TECHNOLOGICAL LIABILITY TO YOU FOR ANY CAUSE OF ANY CAUSE AND REGARDLESS OF THE FORM OF ACTION, SHALL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY PAYMENT FOR USE OF PACT SOLUTIONS TECHNOLOGICAL SERVICES FOR THE SERVICES

Applicable law and venue of election. These Terms and Conditions and any dispute over or involving the services will be governed and interpreted in accordance with Brazilian laws, and regionally in the State of Goiás and locally in the city of Goiânia/GO. You agree that any legal or property action arising out of or related to your use of the services or these Terms and Conditions shall be filed only in state or federal courts located in the district of Goiânia/GO and you consent and submit to the jurisdiction of such courts for purposes litigation of such actions.

Indemnity. You agree to indemnify and hold us and our partners, affiliates, affiliates and their respective directors, agents and employees harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the services in breach of these Terms and Conditions and/or arising from a breach of these Terms and Conditions and/or any breach of your representations and warranties set out above and/or if any content you post on or through the Services causes us to be held liable by third parties.

Acceptance of terms and conditions. These Terms and Conditions are accepted when you use the Services and are confirmed when you become a member. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not act as a waiver of such right or provision. These Terms and Conditions operate to the fullest extent permitted by law. If any provision of these Terms and Conditions is illegal, void or unenforceable, that provision is deemed severable from these Terms and Conditions.

DECLARATION OF WILL

YOU DECLARE TO BE AWARE OF THE RIGHTS AND OBLIGATIONS ARISING OUT OF THE TERMS AND CONDITIONS, AND THIS INSTRUMENT IS THE VALID AGREEMENT BETWEEN THE PARTIES. YOU FURTHER DECLARE THAT YOU HAVE READ, UNDERSTOOD AND ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS INSTRUMENT.WHICH MAY BE USED AS PROOF OF YOUR OTHERWISE INDEPENDENT ACCEPTANCE.