Co-creation Terms of Use

Version updated on March 4, 2024

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Hotmart provides an environment for anyone who wishes to create or promote Product in a simple and practical manner, allowing people to make a living from their passions, teach what they know best to the world, and meet people with common interests. These Co-creation Terms of Use ("Terms") govern the use of the Co-creation feature ("Feature") and all the resources involved. 

To improve the readability of these Terms, we provide a Glossary at this link, which lists the meaning of important expressions beginning with capital letters in these Terms, or in other Hotmart Policies. 

By accessing or using the Feature, you agree to these Terms and the rules set herein. Please read these Terms carefully and thoroughly, as they contain important information about your rights and obligations regarding your access to the Feature.

Overview

  1. These Terms govern the access or use of the Feature for all Users with a Creator and Cocreator profile, in the applicable territories, with the other Hotmart Platform Terms and Policies.
  2. After you accept these Terms, Hotmart automatically grants you a nonexclusive license to use the Feature. The resources contained therein are licensed on an as-is basis. They may be modified, replaced or removed from the Platform by Hotmart at any time without notice.
  3. Compliance with these Terms and other Hotmart Policies is essential for its legitimate use. If you use it in a manner incompatible with these Terms and other Policies, Hotmart may apply different measures at any time, with or without notice. These measures may include, notwithstanding others, (a) the suspension of the use of the Feature (b) the suspension of access to your account or a product, (c) the cancellation of your registration, or (d) the termination of your license to use the Platform. The manner of application of these and other measures is detailed in Hotmart's General Terms of Use
  4. Hotmart reserves the right to modify these Terms at any time. If these Terms are changed, Hotmart will post the reviewed Terms on the Platform, and inform the date of the last update at the beginning ("version updated on"). We will also notify you, on the Platform, about the changes prior to their effective date. If you disagree with the new version of the Terms, you may terminate this Agreement effective immediately. If you do not terminate your Agreement before the effective date of the new version of the Terms, your continued access to the Platform or its use will mean that you accept the changes. 
  5. Acceptance of these Terms constitutes the expressed agreement of the Creator and the Cocreator(s) to all conditions, obligations, limitations, and characteristics of the Feature. 

1. The Rules Applicable to Co-creation ("Feature")

1.1. Scope: The Platform allows the Content Creator to sell Products together with other Users, Co-creators, according to specific rules, aligned among themselves and as long as Hotmart guidelines and limitations are respected. Thus, the Creator must configure the use of the Feature directly on the Platform, for each Product which has been jointly created. The User invited to be a Co-creator must accept the invitation through the Platform.

1.2. Authorized Users: In order to register Platform Users as the Cocreators of a given Product, it is necessary that they have an approved account on the Platform, and are fully capable under the terms of the applicable legislation. The Creator may authorize the User to perform acts related to a certain Product without the need to share the Creator's credentials for access to the Platform. Furthermore, sharing access to the Platform is prohibited.

1.3. Types: In the case of Users residing, domiciled and with an account in Brazil, the Feature is available on the Platform in two (2) ways: (a) Co-creation by Commissioning, and (b) Co-creation through a Business Partnership. The detailed rules of the Feature are found in the General Terms of Use and the Payment Policy, which are fully applicable to these Terms and the Feature. For other Users, the Feature is only available in a Co-creation by Commissioning format.

1.4. Creator's responsibility in Co-creation: The Creator is fully and solely responsible for the relationship established with other Users and Cocreators of his or her Product. Users enter into a contract directly with each other. Hotmart has no responsibility and/or management over the established relationship, and is not an intervening party or guarantor in any negotiation. Hotmart is not responsible for any disputes or damages, of any nature, that may arise from the use of the Feature.

1.4.1. Managing products on the Platform: Regardless of the type of Co-creation established, under the terms described in item 1.3 above, the Creator will be responsible for the management of the Product on the Platform, including pricing, warranty period, refund decisions, when applicable, among other activities.

1.4.2. Formal agreement: It is recommended that Users sign contracts that establish the rules, guidelines, obligations and responsibilities of each party, as well as ownership of rights related to the Product and other relevant issues that may somehow impact the existing relationship. Hotmart does not have any responsibility for such instruments, if any, nor is it an instance of their review or validation, this being merely a recommendation. 

1.5. Revenue: The use of the Feature impacts the distribution of revenue from the sale of Products on the Platform, according to the type of Co-creation established between the Users. In the "Business Partnership" Co-creation model, there will be the effective division of the sales revenue, before the necessary and eventually existing deductions. In the "Commissioning" Co-creation model, a commission will be paid by the Creator to the Co-creator, after the necessary deductions resulting from the use of the Platform.

1.6. Termination: The Co-creation relationship, and consequently, the use of the Feature, will only be terminated on the Platform, (i) by means of a request to cancel the Co-creation from the Creator and duly accepted by the Cocreator, and vice-versa, or (ii) in case the duration period of the Co-creation established in the Feature ends. As a consequence of termination, the Cocreator will not receive the amounts corresponding to commissions on future sales of Products, even if they are recurring Subscription Products or installment payments of products paid via Smart Installment Payment. Co-creation may also be terminated if the Product or User is removed from the Platform due to irregularities and violations of Hotmart's Terms and Policies.