Ethical-AI Use Agreement - Creators

Overview

A. Hotmart provides, within the Hotmart Platform and Services, resources and functionalities based on artificial intelligence ("AI") that allow Creators to design, configure, promote, and commercialize Products with AI components, as well as use AI to support the operation of their digital business (collectively, "AI Functionalities"). Non-exhaustive examples include conversational agents trained on the Creator's content, sales agents, automated tutors, avatar generation, and content transformation tools.

B. This Ethical AI Use Agreement ("Agreement") aims to regulate, in a contractual and binding manner, the relationship between Hotmart and the Creator regarding the provision, configuration, commercialization, and use of AI Functionalities, defining rights, duties, responsibilities, and the allocation of risks between the Parties.

C. This Agreement is entered into in the same manner as Hotmart's General Terms of Use and other Hotmart Policies, which are incorporated herein by reference, even if presented in separate text. The Parties may be referred to collectively as "Parties" or individually as "Party".

D. This Agreement does not regulate the processing of personal data, a matter specifically governed by Hotmart's Data Processing Agreement - Creators and Privacy Policy, which remain fully applicable and prevail over this Agreement with regard to personal data protection obligations. In case of apparent conflict between such documents regarding personal data protection matters, the Personal Data Processing Agreement - Creators and Hotmart's Privacy Policy shall apply.

E. To make this document easier to read, we offer a Glossary which relates the meaning of expressions beginning with capital letters in Hotmart's General Terms of Use, in this Agreement, or in other Hotmart Policies. Any terms beginning with capital letters and not otherwise defined in this Agreement shall have the meaning assigned to them in the laws applicable to AI systems and in Hotmart's Policies.

F. This Agreement becomes part of Hotmart's General Terms of Use and binds the Creator to the extent that they use any AI Functionality made available by the Platform. This Agreement may be modified, replaced, or removed at any time as necessary to reflect technological, regulatory, or product developments. This Agreement and its updates supersede any prior understandings between the Parties that specifically address the use of AI.

1. Object and Scope

1.1. Object.

This Agreement establishes the contractual conditions applicable to the Creator's access, configuration, and use of the AI Functionalities made available by Hotmart, as well as the inclusion of AI components in Products sold by the Creator on the Platform.

1.2. Scope of application.

This Agreement applies to any and all AI Functionality enabled by the Creator, regardless of the underlying technical modality (Hotmart's own models, third-party models licensed by Hotmart, or hybrid orchestrations) and the delivery channel (Platform, applications, API integrations) used by the Creator.

2. Definitions

For the purposes of this Agreement, and in addition to the Glossary, the following definitions apply:

• AI Functionality: Any resource, tool, or service made available by Hotmart, on the Platform or through Hotmart Services, that uses AI-based systems, understood as machine-based systems designed to operate with varying levels of autonomy and that, based on Inputs (as defined below), infer or learn to generate Outputs (also as defined below) such as predictions, content, recommendations, actions, or decisions.
• AI Product: Any Product registered or generated by the Creator on the Platform whose purpose, content, interaction with Users, or generation of Outputs depends, in whole or in part, on one or more AI Functionalities.
• Input: Any data, content, instruction, prompt, knowledge base, image, voice, video, or other material that is entered, uploaded, connected, or otherwise provided by the Creator, Creator's Contributors, or Users to an AI Feature.
• Output: Any text, image, video, audio, recommendation, prediction, automated decision, action, or other content generated by an AI Feature in response to an Input.
• Avatar: A digital, synthetic, or photograph- and voice-based representation of a real person, generated using Hotmart's AI features and used by the Creator to produce content.
• Human Supervision: A set of mechanisms, processes, and human decisions maintained by the Creator to review, validate, correct, or stop the Outputs and behaviors of an AI Feature before they produce relevant effects on Users or third parties.
• Prohibited Use: Any use of AI Features expressly prohibited by this Agreement, other Hotmart Policies, or applicable law.
• AI Governance Committee: Hotmart's central and multidisciplinary AI governance body, responsible for defining guidelines, standards, and strategic decisions regarding the use of AI on the Platform.

3. Roles of the Parties

3.1. Hotmart's role.

Hotmart acts as a provider of AI functionalities and it does not define the specific commercial purpose of the Creator's AI Product, does not control the Creator's Inputs, does not review the content generated by the Creator on a case-by-case basis, and does not exercise editorial oversight over the Outputs, without prejudice to any measures it may take under applicable law and Hotmart's Policies.

3.2. Decisions and Actions of the Creator.

Within the scope of the relationship with Hotmart and as the agent that effectively designs and operates their AI Product, the Creator is responsible for: (i) the decision to enable and use one or more AI Features; (ii) the configuration they choose to give to such Features, including system prompts, knowledge base, parameters, integrations, and other elements made available by the Platform; (iii) the decision on which Inputs will be inserted or connected to the AI Features; (iv) the decision on whether to publish, commercialize, suspend, or discontinue the AI Product, as well as the target audience and the offering channel; (v) conducting, when applicable, a risk assessment related to the use/implementation of the AI Product, including for the purpose of identifying relevant impacts on Users, third parties or fundamental rights; (vi) the exercise of human supervision proportionate to the risk of the AI product, including the validation of outputs; and (vii) conducting the commercial relationship with its Users regarding the AI Product. The Creator's decisions and actions provided for in this item are at its own initiative and are attributable to it for the purposes of the contractual allocation of risk provided for in this Agreement, without prejudice to the obligations expressly assumed by Hotmart in this Agreement and in other Hotmart Policies.

3.3. AI Product Users.

The contractual relationship established between the Creator and its Users, due to the acquisition, access, or use of the AI Product, is established directly between them, as per item 1.1 of Hotmart's General Terms of Use, with Hotmart not becoming an intervening party or guarantor of such relationship. Hotmart's obligations to Users remain governed by Hotmart's General Terms of Use and other applicable Hotmart Policies.

3.4. Underlying Models and Technologies.

Some AI Features are built based on models, APIs, or technical services provided by third parties licensed by Hotmart. The Creator acknowledges and agrees that: (i) the performance, behavior, availability, and capabilities of such AI models may vary over time due to updates, adjustments, discontinuations, or policy changes imposed by the model provider, without this constituting a breach of contract by Hotmart; (ii) model providers may impose additional usage restrictions, including, without limitation, thematic, geographic, or purpose restrictions, which will be communicated to the Creator through Hotmart's Policies and updates to this Agreement, and compliance with which is an integral part of the Creator's obligations; and (iii) Hotmart will make commercially reasonable efforts to maintain the continuity of the AI Features, but may replace, adjust, or discontinue Features due to events related to the underlying models, as provided in item 5.9.

4. Rules for Using AI Features

4.1. Operational Principles.

The use of AI Features must adhere to the principles established by Hotmart in its AI governance structure, specifically:

• Beneficial: use with a legitimate purpose and clear benefit for the Users;
• Clear: clear identification of the artificial nature of the interactions;
• Reliable: using AI features to support reliable interactions; and
• Responsible: compliance with applicable laws and proper use of technology.

4.2. Permitted Use.

The Creator may use the AI Features exclusively for legitimate purposes related to the design, promotion, marketing, and operation of their Products on the Platform, including, but not limited to: (i) building agents based on the Creator's own content; (ii) automating customer service and sales recovery within the limits defined by Hotmart's Policies; (iii) content generation based on the Creator's own image and voice, of individuals who have granted authorization for such purpose, or in Avatars.

4.3. Prohibited Use.

The Creator is expressly prohibited from using the AI Features, or allowing third parties to use them, for any of the purposes listed below. This list is not exhaustive and does not exclude other prohibitions arising from legislation or Hotmart's Policies:

• Illegal or fraudulent purposes, or purposes that violate the rights of third parties, including personality rights, image rights, voice rights, intellectual property rights, or trade secrets;
• Production, dissemination or facilitation of content related to pornography, sexual exploitation, terrorism, advocacy or facilitation of drugs, weapons or other illicit materials;
• Creating Avatars based on photographs or voices of third parties without express and valid authorization is prohibited; the Creator is only permitted to use their own image and voice, the use of images and voices of individuals who have granted authorization for this purpose, or synthetic avatars made available by the Platform;
• Simulation or dissemination of communications capable of inducing the User to mistakenly believe that they are interacting with a human being, when in fact they are interacting with an AI Functionality, including the deactivation or neutralization of watermarking mechanisms, transparency notices, or other similar features;
• Production, distribution or amplification of misinformation, fake news, hate speech, discriminatory content, or content that violates the dignity of individuals or groups based on race, gender, sexual orientation, religion, disability, social or economic status, or other protected characteristics;
• Exploitation of vulnerabilities of specific individuals or groups due to age (including, but not limited to, children, adolescents, and the elderly), disability, economic or social status, or other conditions that limit their ability to make informed decisions, especially when the target audience of the AI Product can reasonably be identified as belonging to such groups;
• Use for electoral purposes, manipulation of democratic processes, creation of content about candidates, parties or public authorities in an electoral context, or for any purpose that may constitute harm to democracy;
• Use of the Output as a substitute for specialized professional advice in areas requiring regulated practice, including, without limitation, formal medical, psychological, legal, financial, or educational advice, without the Creator implementing the disclaimers and human oversight mechanisms required by this Agreement and applicable law; and
• Any attempt to circumvent, disable, or neutralize the technical and organizational security mechanisms implemented by Hotmart.

4.4. Categories of Sensitive Content.

If the Creator's AI Product involves regulated or sensitive topics, the Creator acknowledges that such topics may be subject to specific regulatory obligations in their jurisdiction and assumes full responsibility for the AI Product's compliance with such obligations, including obtaining any required licenses, registrations, and authorizations.

5. Creator Responsibilities

5.1. Operation of the AI Product in accordance with Hotmart's Policies.

Without prejudice to the provisions of item 3.2, the Creator must operate the AI Product within the scope of use permitted by this Agreement, the Hotmart General Terms of Use, and other applicable Hotmart Policies, observing the settings made available by the Platform for the enabled AI Functionalities.

5.1.1.

If the Creator, either directly or through their Collaborators, makes substantial changes to the configuration, parameters, system prompts, integrations, or any other elements of an AI Feature—meaning changes that exceed the capabilities and configuration parameters provided by default to the Creator by the AI Feature itself, and that have the effect of altering its original purpose or the very nature of the AI Feature as provided by Hotmart—such changes are the Creator's sole responsibility and initiative. Hotmart is not liable for damages, claims, sanctions, or regulatory measures arising from such changes. It is the Creator's responsibility to assess and ensure, at their own expense, the compliance of the modified AI Feature with the applicable legislation in each jurisdiction where they offer their Products.

5.2. Output Validation.

The Creator acknowledges the probabilistic nature of the Outputs generated by AI Functionalities, as well as the possibility of generating inaccurate, outdated, or incorrect information (including so-called "hallucinations"). The Creator undertakes to adopt reasonable validation and control measures, proportionate to the nature and risk of the AI Product, including, where applicable, Human Supervision mechanisms and periodic sample review procedures, especially in cases where the Outputs may produce significant effects on Users or third parties.

5.2.1.

The Creator acknowledges and agrees that the Outputs reflect the Inputs, settings, and context defined within the AI Product, and that the Creator is responsible for the proper definition of these elements.

5.2.2.

The Creator will adopt measures proportionate to the nature and risk of its operation to support the development, among its Collaborators, of adequate knowledge about the operation, capabilities, and limitations of the AI Functionalities, with a view to enabling the exercise of Human Supervision foreseen in this Agreement.

5.2.3.

If the Creator uses a Hotmart AI Feature to create products, systems, resources, or applications, they do so at their sole responsibility; it is the Creator's obligation to ensure these AI Products complies with applicable laws and for managing it, and to adopt proportionate measures to guarantee the proper use and security of such Products.

5.3. Transparency for Users.

Hotmart will implement mechanisms to identify the artificial nature of interactions within the AI functionalities provided by the Platform, including, where applicable, watermarks and/or transparency notices. The Creator agrees not to disable, circumvent, or neutralize such mechanisms and to adopt supplementary transparency measures required by the legislation applicable to the User's jurisdiction.

5.4. Responsibility for Inputs and Outputs.

The Creator responds, in its relationship with Hotmart and to Users and third parties as applicable, for the Inputs it enters or connects to the AI Functionalities and for the Outputs it decides to publish, commercialize or distribute in its Products, based on the decisions and actions foreseen in item 3.2. This responsibility extends, without limitation, to damages, claims, demands, or regulatory measures arising from Prohibited Use, improper configuration of the AI Product, failure of Human Supervision, or breach of the transparency duties foreseen in this Agreement. The Creator undertakes to hold Hotmart harmless from such claims, as per item 7.2 below.

5.5. Compliance.

The Creator acknowledges that the regulation of AI systems can vary significantly between jurisdictions and is evolving, and that the legal framework of an AI Product depends on factors within its control, notably its purpose, target audience, sector of activity, geography of offering, and the type of decision influenced by the AI Product. It is the Creator's responsibility to assess, before enabling an AI Feature and throughout the operation of its AI Product, the AI Product's compliance with applicable legislation in the jurisdictions where it offers its AI Products, including, where applicable, applicable sectoral regimes and specific obligations arising from local regulations. If the Creator identifies that its operation is not, or has ceased to be, in compliance with applicable legislation, it must immediately discontinue the affected AI Feature and notify Hotmart through the channel provided in item 8.5.

5.6. Creator's Guarantee on Inputs.

The Creator declares and warrants that it holds all necessary rights, licenses, authorizations, and consents regarding the Inputs it enters or connects to the AI Functionalities, including copyright, related rights, image rights, voice and personality rights, and that such Inputs do not violate third-party rights or confidentiality obligations.

5.7. Outputs.

Without prejudice to the provisions of Hotmart's General Terms of Use regarding User-Generated Content, and the internal relationship between the Parties, Outputs generated by an AI Functionality from Creator Inputs are considered Creator content, subject to the same rights, duties, and licenses applicable to other Creator content on the Platform. Hotmart does not claim exclusive ownership of such Outputs, except for licenses necessary for the operation of the Platform and Hotmart Services. The Creator acknowledges, however, that: (i) the probabilistic nature of AI systems may result in similar Outputs between different Creators; (ii) the originality and copyright protection of AI-generated Outputs are subject to evolving legal interpretations and may vary by jurisdiction; and (iii) Hotmart may use data regarding the use of AI features for the purpose of continuously improving its products, as outlined in Hotmart's Privacy Policy and the Data Processing Agreement - Creators.

5.8. Incident Reporting.

The Creator is obligated to notify Hotmart without undue delay, through the channel aigovernance@hotmart.com, any relevant fact that comes to your attention and indicates: (i) Prohibited Use by third parties, Creator Collaborators or Users; (ii) Output that may have caused relevant damage to a User or third party; (iii) complaints or notifications from authorities related to the AI Product; or (iv) suspicion of a violation of this Agreement.

5.9. Continuity and Updating.

Due to the rapid technological and regulatory evolution applicable to AI systems, the Creator understands and agrees that this Agreement may be updated by Hotmart to reflect, among other possibilities, relevant changes in applicable legislation in jurisdictions where Hotmart operates, as well as the launch, discontinuation, or substantial modification of AI Functionalities. Creators who do not agree with an update to this Agreement may discontinue use of the affected AI Features, subject to the provisions of Hotmart's General Terms of Use regarding termination and remaining rights.

6. Hotmart's Obligations

6.1. Provision of Technology.

Hotmart is obligated to provide the AI Features contracted by the Creator according to the specifications in effect on the Platform, without prejudice to evolutions, updates, and discontinuations carried out in accordance with Hotmart's Policies and item 5.9 of this Agreement.

6.2. Security Mechanisms.

Hotmart adopts technical and organizational measures proportionate to the risk for the development, availability, and continuous improvement of AI Functionalities. Considering the characteristics of AI-based systems, Hotmart does not guarantee that such measures are infallible, nor that the Outputs will fully correspond to the specific expectations of the Creator, Users, or the interpretations eventually adopted by competent authorities. The Creator remains responsible for the proper use of the AI Functionalities, in accordance with the provisions of this Agreement.

6.3. Right of Intervention and Moderation.

Without this constituting a general duty of prior monitoring of content generated by Creators and in strict compliance with applicable legislation, Hotmart reserves the right to monitor, on a sample basis, the use of AI Features, review samples of Inputs and Outputs, and intervene, technically or contractually, when it identifies, through its own means, through reports received on the channel mentioned in item 8.5 or other official channels, or by order of a competent authority, reasonable evidence of Prohibited Use or a relevant risk to Users, third parties, Hotmart, or the integrity of the Platform.

7. Limitation of Liability

7.1. Limitation of Hotmart's Liability.

To the maximum extent permitted by applicable law, Hotmart will not be liable for: (i) inaccuracies, hallucinations, or other limitations inherent in the Outputs; (ii) damages arising from Prohibited Use or improper configuration of the AI Product by the Creator; (iii) damages arising from the Creator's use of third-party functionalities and tools, even if made available through the Platform; (iv) lost profits, loss of opportunity, indirect, special, exemplary, or consequential damages; or (v) acts or omissions of Users and third parties. The specific limitations of liability set forth in Hotmart's General Terms of Use remain applicable and prevail in case of conflict.

7.2. Creator's Responsibility.

The Creator agrees to defend, indemnify, and hold harmless Hotmart, its parent companies, subsidiaries, affiliates, administrators, employees, and service providers from any claims, demands, actions, lawsuits, losses, damages, fines, costs, and attorneys' fees arising from: (i) violation of this Agreement by the Creator or its Collaborators; (ii) Prohibited Use of AI Functionalities; (iii) violation by the Creator of third-party rights, including copyright, image rights, voice rights, trademarks, personality rights, and trade secrets; (iv) failure by the Creator to comply with the duties of transparency and Human Supervision provided for in this Agreement; and (v) substantial changes to the AI Functionality, as defined in item 5.1.1, that result in the violation of third-party rights or applicable law.

7.3. Measures in Case of Non-Compliance.

If a breach of this Agreement by the Creator, prohibited use, or a significant risk to Users, third parties, Hotmart, or the integrity of the Platform is identified, Hotmart may adopt, depending on the severity and proportionality of the case, and without prior notice, one or more of the following measures:

• Removal of specific outputs from the AI product or specific functionalities within the product;
• Temporary restriction or suspension of access to one or more AI features;
• Termination of the commercial relationship between Hotmart and the Creator, in accordance with Hotmart's General Terms of Use; or
• Communication to competent authorities, in cases where Hotmart is legally obliged to do so.

8. General Provisions

8.1. Acceptance.

Creator Access to and Use of AI Features implies automatic acceptance of this Agreement, which are incorporated into Hotmart's General Terms of Use.

8.2. Independence of Provisions.

If any provision of this Agreement is deemed null, invalid, or unenforceable, the remaining provisions shall remain valid and in force. Any null, invalid, or unenforceable provision shall be interpreted in a manner that preserves, to the greatest extent possible, the intent of the Parties.

8.3. Survival.

Permanent obligations, especially those relating to indemnity, intellectual property, image and voice authorizations, confidentiality, and responsibility for Outputs and content generated during the term of this Agreement, shall survive the termination or expiration of the commercial relationship between Hotmart and the Creator.

8.4. Applicable Law and Jurisdiction.

The applicable law and jurisdiction set forth in the Hotmart General Terms of Use corresponding to the Hotmart contracting entity with which the Creator maintains a contractual relationship shall apply to this Agreement, without prejudice to the application of mandatory rules of the Creator's or User's jurisdiction, when applicable.

8.5. Communication Channel.

Any questions, communications, and reports related to this Agreement should be addressed to the channel aigovernance@hotmart.com, without prejudice to other channels provided for in Hotmart's Policies.

This Agreement is incorporated into Hotmart's General Terms of Use for all legal purposes, binding the Creator to the extent that they use any AI Functionality made available by the Platform. Failure to comply with the provisions of this Agreement will subject the Creator to the penalties established by Hotmart, in accordance with Hotmart's General Terms of Use and other applicable Hotmart Policies.