Version updated on January 1, 2024
A. This Policy governs the access to or use of Hotpay for all transactions made on the Hotmart Platform, between Users, anywhere in the world.
B. These Terms constitute a binding contract between you, as a User, and Hotmart, and govern your access to and the use of Hotmart's Services related to Hotpay.
C. The company you sign up with to use the Platform and operate your transactions, may vary depending on the User’s country of residence and the currency in which the transactions are processed. If the transactions are made in Brazilian Real (BRL) between two Users who declare their residence in Brazil, the company processing the transaction will be Launch Pad Tecnologia, Serviços e Pagamentos Ltda., registered with the CNPJ/ME under No.. 13.427.325/0001-05, headquartered in Belo Horizonte, State of Minas Gerais, at Avenida Assis Chateaubriand, nº 499, Bairro Floresta, CEP 30.150-101 (“Hotmart BR”). For all other transactions, the company processing the transaction is Dutch company Hotmart BV, headquartered at Frederiksplein 1, 1017, XK Amsterdam, Amsterdam, Netherlands, KVK CCI registration No. 60335777 ("Hotmart BV"). If the transactions are processed in US Dollars (USD), between Users who declare their residence in the United States, the company collecting the amounts from the Buyers is North American company Launch Pad Payment Services Corp, headquartered at 251 Little Falls Drive., Wilmington, DE, Zip code 19808. registration No. 6840958 (“Hotmart USA”). The business model between you and Hotmart will depend on the company you sign up with. By accepting these terms, you grant Hotmart broad powers to carry out all activities necessary to maintain the business relationship established, and comply with these Terms and other Policies.
E. The official language of these Terms is American English. Any version of these Terms in any other language is a courtesy translation. In case of conflict, the English version shall prevail for all contracts.
1.1. Scope of Hotpay Services: The Hotpay payment system is a Hotmart service that processes the payment instructions made by Buyers and settles them for Creators, Co-producers and Affiliates, according to the rules and procedures determined in this Policy and other Terms. By offering Hotpay in Brazil, Hotmart BR acts as a payment processing institution, subject to applicable laws and regulations. Together with LaunchPad Sociedade de Crédito S.A, registered with the CNPJ under No. 45.220.646/0001-12 ("Hotmart SCD"), they offer the Payment Account and issue electronic currency, detailed in Section 6 below. Hotpay allows Users to: (a) pay for the purchase of Products registered on the Platform, if they are Buyers; (b) receive the amounts related to the sale of their Products, if they are Creators or Co-producers, in the “Business Partnership” coproduction model; (c) pay Affiliates or Co-producers (in the co-production of the “Commissioning” model), the amounts owed for the sale of Products, if they are Creators; (d) receive from the Creator the amounts related to the sale of Products, if they are Affiliates or Co-producers (in the “Commissioning” coproduction model); and (e) for Users domiciled in Brazil, purchase Products using the balance of the payment account at Hotmart.
1.2. Inexistence of financial institution or credit card services: Hotpay Services are not, and are not intended to be, comparable to the services offered by financial institutions or credit card companies or accreditors. Hotpay is merely a facilitator of payment transactions between Platform Users, with the payment of transactions taking place on their behalf and at their request. Hotmart BR is not a financial institution and does not directly perform credit operations.
1.3. Third-Party Services: Transactions made with Products registered on the Platform can only be paid through the features contained in Hotpay. For this purpose, Hotmart may use payment methods from third parties and partner companies to receive payments, pay amounts or anticipate receivables from transactions (such as banking institutions, credit card companies and other credit entities). In such cases, there may be different terms and conditions with which you must comply. In the event of a discontinued relationship with any Third-party Service, certain means of payment(s) may no longer be offered via Hotpay. Hotmart is not responsible for the availability, the accuracy or interruption of these Third-party Services.
1.4. Provision of Additional Third-Party Services: Hotmart may allow its partners (such as financial institutions and banking correspondents) to offer their services in an aggregate manner to Hotpay Services. Also, in these cases, different terms and conditions that you must comply with may apply, and Hotmart is not responsible for the availability or accuracy of these Third -Services.
1.5. Taxes: According to applicable laws, sales of Products made through the Platform may be subject to taxes. We know that these rules are complex and that the amount of taxes levied depend on a number of factors, such as the residence of the Creator, Co-Producer and/or Buyer, the company with which the transaction is processed, and the type of Product purchased, for example. It is advisable for Creators and Co-Creators to consult a tax advisor on the applicability of the rules mentioned here in relation to their individual circumstances.
1.6. Tax Obligations: As the Creator and/or Co-Producer sell(s) their Product directly to the Buyer, they are generally responsible for paying any taxes to the tax authorities. Certain countries, however, have special tax laws that make Hotmart, rather than the Creator and/or Co-Producer, possibly liable for certain tax obligations relating to the Products sold by them. Such laws, commonly known as platform rules, are generally those of the Buyer's country of residence, making Hotmart, rather than the Creator, liable for collecting and paying taxes (e.g. VAT, GST, etc.). In the event that a Creator and/or Co-Producer sells Products to Buyers domiciled in different countries, different tax obligations may apply to them.
1.6.1. Hotmart provides an article in the Help Center at this link, containing an overview of the jurisdictions whose tax laws transfer the tax obligations arising from the sale of the Creator's and/or Co-Producer's Product to Hotmart. It is important to remember that the content is merely informative, does not constitute legal and/or tax advice, and is not a substitute for professional advice.
1.6.2. The Creator and Co-Producer declare that they are aware that Hotmart will comply with its legal and fiscal responsibilities and will notify the competent authorities about the sale of Products on the Platform, should the sharing of this information be necessary and/or required.
1.7. Issuing invoices: Responsibility for issuing the invoice will depend mainly on two (2) factors, namely (a) the company with which the transaction was carried out; and (b) the existence, or not, of specific laws governing this issue.
1.7.1. Hotmart BR: It is the responsibility of the Creator and/or Co-Producer (in the Business Partnership model), in all transactions carried out through Hotmart BR, to correctly issue the invoice corresponding to the services provided to Buyers, for the total or partial value of the sale, as applicable. Subject to the conditions indicated, in the "Business Partnership" Co-Production model it is the Co-Producer's responsibility to correctly issue the invoice corresponding to its share of the services provided to Buyers, in proportion to the total value of the sale. In the "Commissioning" co-production model, the Co-Producer is responsible for correctly issuing the invoice corresponding to their share of the services provided to the Creator.
1.7.2. Hotmart BV: Hotmart BV will be responsible for issuing invoices on your behalf, except in cases where there’s an exception and a specific rule stating that this obligation falls to you. To this end, the Creator must guarantee the accuracy of the information and be aware that the maximum deadline for correcting invoices issued is 15 (fifteen) calendar days. Hotmart provides an article in the Help Center, available at this link, which informs you of the cases in which Hotmart is responsible for collecting taxes and is therefore, responsible for issuing invoices to Buyers.
1.8. Request for Information: Hotmart may request additional information from Users if this is necessary to fulfill its tax obligations, such as, but not limited to, your company name, tax identification number, address, telephone number, email address and bank account information.
1.9. Additional Tax Considerations: The classification of the Product on the Platform is the sole and exclusive responsibility of the Creator when registering the Product, and may have a direct impact on the levying and payment of any taxes. If Hotmart is responsible for the payment, fails to do so due to the Creator's incorrect classification when registering the Product, and the competent tax authority deems that the Product's classification is different from the one informed, Hotmart will pay the tax and may request these amounts from the Creator, through a discount on the Platform’s balance and/or by other legal means, including any fines and interest due.
1.9.1. Any change in the classification of the Product made by the Creator after registering it on the Platform will be applied prospectively and may imply in changes in the levying and responsibility for paying these taxes. Likewise, if the tax authority takes a different view, Hotmart may collect the tax and request these amounts from the Creator, through a discount on the balance on the Platform and/or by other legal means.
2.1. Hotpay access: Once all eligibility, registration and access requirements set forth in the Hotmart Terms have been met, at the time Creators register on the Platform, they agree and request that Hotmart: (a) receive the price paid by the Buyer; (b) pay the Affiliate the compensation established by the Creator, if any; (c) make the payment of the amount due to the Co-producer, on behalf and by order of the Buyer; (d) deduct the compensation owed to Hotmart for the use of its resources; and (e) pay the remaining amount owed to the Creators to their Hotmart payment.
2.2. User information confirmation: In addition to the actions provided in the Terms, Hotmart reserves the right to use all valid means to confirm the information provided by the User to allow their use of Hotpay, if it is deemed necessary. Hotmart may also request additional information and documents it deems pertinent, such as income reports, bank account ownership certificates and full bank statements. Hotmart may also consult public, private, or restricted databases maintained by third parties and credit restriction databases. By accepting this Policy, you authorize Hotmart to perform these procedures.
2.3. Use of Hotpay: You are obliged to take all necessary precautions to prevent third parties from using your account on your behalf. You are responsible for the commercial transactions, payments and financial transactions made on your behalf by third parties, albeit without your authorization, if those third parties have access, without the sole fault of Hotmart, to your password or other information.
3.1. Hotpay as an exclusive payment method on the Platform: Hotpay's payment solutions are exclusive for Platform Users. Hotmart does not make any payment to Creators who do not accept Hotpay as a payment method for the Products they offer or to any third party. Hotmart also does not make payments to Creators whose accounts are inactive or blocked on the Platform.
3.2. Confirmation of payment instruction: When choosing to make a payment through Hotpay, the Buyer must provide all the banking information requested to make it. The Buyer's instruction shall be considered irrevocably and irreversibly granted when Hotmart confirms to the Buyer, the successful receipt of the information sent regarding the transaction.
3.3. Making payments through Hotpay: Once Hotmart receives confirmation that the transaction has been approved by the participants of the payment arrangement, Hotmart shall make the amounts owed to the User available in their payment account maintained on the Platform, except in those cases in which Hotmart is authorized to suspend or cancel the payments, as provided in the Terms and of this Policy. Hotmart shall also make these amounts available by observing the: (a) eventual occurrence of chargebacks or refund requests; and (b) the expiry of the warranty terms or the exercise of the right of Buyer remorse.
3.4. Buyer’s responsibility for the information provided: The Buyer is the sole responsible for all acts that they practice related to the payment instruction. The Buyer must provide true, complete and accurate information. Hotmart is not responsible for any property or non-monetary damages, resulting from any failure, untruthfulness or incompleteness attributable to the Buyer at the time of filling in the information regarding the payment instruction.
3.5. Responsibility of the Creator, Co-producer and Affiliate for the information provided: The Creator, Co-Producer and Affiliate must provide true, complete and accurate information. The Creator and Co-Producer also declare that their tax identification number in their country of residence is valid and registered at the correct tax address. Hotmart is not liable for any damages, whether pecuniary or non-pecuniary, resulting from any failure, inaccuracy or incompleteness attributable to these Users at the time they fill in the information relating to Registration on the Platform.
3.7. Hotmart collaboration in case of refund request: The Hotpay Services regarding disputes and refunds are provided only to facilitate and track the payment transaction process between Buyer, Creator and/or the Co-producer. Thus, by using Hotpay, you acknowledge that any payment transaction, when made, occurs directly between the Creator, the Co-producer and the Buyer. Hotmart is not part of the supply chain of the Products purchased, and cannot be considered a supplier, provider, agent or broker.
4.1. Transactions between Users with different currencies: Hotpay is an international payment system, which allows Creators and Co-producers to offer their Products to Buyers who use different payment currencies. Creators and Co-producers who wish to make transactions with Buyers who declare to reside in different countries, may need to exchange their currency in order for the payment transaction to be completed, and thus, having oscillations derived from the exchange variation. The rules in this section regarding Creators and Co-producers also apply to Affiliates.
4.2. Display of Product prices in currencies other than the offer: As a rule, the price of the product in a currency other than the offer will be displayed in US dollars. To improve the buying experience on the Platform, in some cases, Hotpay can convert the price of the Product to the Buyer's local currency, applying the exchange rate according to market standards. This conversion serves solely for the Buyer to view the offer in the currency of their preference, but the currency actually used in the payment transaction must follow the rules regarding currency conversion mentioned in this Section.
4.3. Currency Conversion: Although the Platform allows Buyers to view the Product’s price in several currencies, the number of currencies available for Users to make and receive payments may be limited. Thus, the currencies available for payment transactions may not include a particular Buyer, Creator or Co-producer’s local currency, which may require currency conversions. Foreign currency conversions are processed by means of exchange rate based on information collected periodically from third parties.
4.4. Transactions with foreign currencies: Any transaction made by a Buyer using a payment currency other than the one listed in the Creator's and the Co-producer’s offer, shall be converted to the payment currency used by the Buyer, according to the exchange rate applicable at the time of the transaction. This rate may vary throughout the day, and may also vary between the day of approval of the payment transaction and the day on which the amount is made available for withdrawal. Therefore, the Creator and the Co-producer may receive payments of different amounts for the sale of the same Product, depending on these variations, even if the Creator chooses to receive the payments only in local currency.
4.5. Creator's option to receive in local or foreign currency: The Creator and Co-producer can choose to receive payments for their sales only in local currency, or also in foreign currency. If the Creator the Co-producer choose to receive payments for their sales in local currency only, the amount to be received by the Creator and the Co-producer may vary due to the exchange rate variation that has occurred between the day the payment transaction was approved and the day the amount is made available for withdrawal. If the Creator and Co-producer also choose to be paid for their sales in foreign currency, Hotmart must credit the Creator's and the Co-producer’s balance with the amount in foreign currency corresponding to the conversion of the price of each sale the Creator and the Co-producer make with Buyers who use foreign currency for payment. The exchange rate of foreign currency may vary between the dates of the sale and the request for withdrawal, or use of the User’s balance for purchases on the Platform, and therefore, the Creator and Co-producer may receive for each sale, an amount lower or higher than the one announced in their offer.
4.6. Hotpay currencies: Hotmart makes payment transactions on Hotpay with the following currencies: (a) with purchase currency in Brazilian Real (BRL), between Users that declare that both are domiciled in Brazil; (b) with purchase currency in Euro (EUR), between Users that declare that both are domiciled in the European Union; or, (c) in American dollars (USD) as the purchase currency, between any other Users. Hotmart reserves the right, at its sole discretion, to make payments in other currencies, without this being considered novation or tacit acceptance by Hotmart, of any modification of the conditions and rules set forth in this Policy.
4.7. Accumulation and redemption of values: The definition of currencies that can be used in the accumulation and redemption of values by Users is at Hotmart’s sole discretion, based on its commercial agreements and its regulatory limitations.
4.7.1. Redemption of amounts arising from sales made in foreign currencies: When the User who declares domicile in Brazil requests, in whole or in part, the withdrawal of the balance resulting from sales made in foreign currencies, the request will be handled by Hotmart BV. The amount to be withdrawn will be converted into BRL and the payment will be processed through Hotmart BV partner companies.
4.7.2. Hotmart is not responsible for conversion and withdrawal operations derived from sales made in foreign currencies: Hotmart is not responsible for the services provided by third parties in the processing of currency conversion and withdrawal. You should contact the respective processor directly in case of problems. The currency conversion rates used in these transactions are informed by the processor, without Hotmart having no participation in this operation. Hotmart is not responsible for any property or non-monetary damages, resulting from third-party services in currency conversion and withdrawal processing.
4.7.3. Impact of operating costs on the final balance: By accepting this Policy, you declare that you understand and agree that, in case of performing transactions with foreign currencies, the final balance to be redeemed from the amounts resulting from your sales, may be impacted by causes beyond Hotmart's responsibility and control, such as the applicable daily exchange rate, the exchange rate variation between the dates of sales and withdrawals, the currencies involved in the processing, the exchange rate rules of institutions (financial or otherwise), taxes or fees charged by third parties. Hotmart is not responsible for any property or non-currency damages resulting from such causes.
5.1. Creator and Co-producer Fees: The use of Hotpay’s features by Creators and the Co-producer is subject to the payment of two fees: the License Fee and the Service Fee. They are charged only when the Products are sold, at the time the transaction is approved, when these fees are deducted from the final amount charged by the Creator and Co-producer. These fees are charged cumulatively, according to the amounts below, but may vary according to the percentage owed to the Creator and the Co-producer.
5.2. License Fee: This is a fixed amount, applicable according to the purchase currency used by the Buyer in the transaction, according to the amounts indicated in Table 1 below:
5.3. Service Fee: The amount of the Service Fee varies according to the Product’s price. If the Product is sold for up to BRL 10.00, the Service Fee will be fixed, at the rate of 20% of the price of the Product. From BRL 10.01, the Service Fee will be 9.9% over the price of the Product.
5.4. Micro transactions: If the price of the Product, according to the offer’s currency, is equal or lower than the amounts described in Table 2 below, the License and Service Fees shall observe the following parameters:
|Maximum Transaction Amount
5.5. Basis for the calculation of the Service Fee: In any of the cases provided for above, the Service Fee will be applied to the final amount charged by the Creator and by the Co-producer to each Buyer, already considering the conversion of the price of the offer into the currency used by the Buyer to make the purchase. In the cases of Users domiciled in Brazil, the Fee for Anticipation of Receivables, as may be applicable pursuant to item 5.6 below, is not part of the basis for the calculation of the Service Fee.
5.6. Anticipation Fee: In the transactions made exclusively between Users who reside in Brazil, the Creator and Co-producer will receive payment in advance, pursuant to Section 10 below. In order to do so, Creators and Co-producers will be charged an anticipation fee, which may consist of a fee charged directly by Hotmart, in the event that (a) the advance payment is made through the prepayment of obligations by Hotmart; or (b) the assignment fee applied by the eventual assignee of the receivables appointed by Hotmart. The prepayment fee will be calculated based on the final amount of the sale made by the Creator, and will be informed by Hotmart to the Creator at the time of the transaction.
5.7. Costs Applicable to Affiliates and Buyers: Hotpay services are free of charge for access and use by Buyers and Affiliates. However, charges may arise from financial transactions performed by these Users, such as the advance by Affiliates, or the installment payment or use of different payment methods by Buyers.
5.8. Fee changes: The fees mentioned in this Section, their respective types of payment, payment methods and billing might be changed at any time, at Hotmart's sole discretion, upon prior notification to Users.
6.2. Closing the Payment Account: The Payment Account owned by the Creator, Co-Producer or Affiliate may be closed for the following reasons:
6.2.1. On the initiative of the Creator, Co-Producer or Affiliate, and at any time, conditioned to the absence of pending issues such as, but not limited to: (a) inconsistencies and irregularities in the registration information provided to Hotmart; (b) issues regarding the good standing of the Creator, Co-Producer or Affiliate; (c) pending claims; (d) pending, transactions being processed or not yet settled, (v) any payment obligations linked to the Payment Account that are pending, such as, but not limited to, debts owed to Hotmart or any group company.
6.2.2. On Hotmart's initiative, including but not limited to, the following cases: (a) due to order of a competent authority; (b) due to any irregularity in the information provided by the Creator, Co-Producer or Affiliate; (c) due to failure to comply with any provision of this Policy or any other rules and conditions of registration; (d) due to suspension or cancellation of the document submitted by the Creator, Co-Producer or Affiliate at the time of registration, and/or other irregularities pointed out by the Federal Revenue of Brazil, and Hotmart may, at its sole discretion, make prior communication to the Creator, Co-Producer or Affiliate requesting the regularization of the registration situation with that body; (e) due to commercial disinterest in maintaining the Payment Account; and (f) in case of inactive Payment Account, meaning those without transactions for a period of at least twelve (12) months.
6.2.3. For carrying out a change of Payment Account ownership, since in this case, there will be an automatic transfer of liabilities to the new account holder, and therefore, the Payment Account will be closed and a new Payment Account will be created for the new account holder; and
6.2.4. Due to the definitive departure from Brazil: when the Creator, Co-Producer or Affiliate ceases to be a fiscal resident in Brazil, they must notify Hotmart immediately, requesting that their registration details be changed. Consequently, the Payment Account will automatically be closed, since it is only available to Users domiciled in Brazil.
6.3. Communication about the closure: In the event of closure of the Payment Account, in any of the hypotheses above, a communication will be sent by Hotmart, by means of one of the forms of communication informed in the registration, such as, but not limited to the email address registered by the user on the platform, with clear information about the reason for the closure, the remaining balance and deadlines, and procedures for its withdrawal, if any.
6.4. Deadlines for the closure to go into effect: Hotmart will notify the Creator, Co-Producer or Affiliate of the closure of the Payment Account at least seven (7) days in advance. During such period, the Creator or Co-Producer may withdraw the remaining balance from his or her Payment Account by following the instructions that will be sent in the Payment Account closure communication. In the event the Creator, Co-Producer or Affiliate does not withdraw the amounts within the stipulated period, they shall request the said amounts directly from Hotmart's Service Center.
6.5. Payment Account Usage: The Creator and the Co-producer acknowledge and authorize Hotmart to debit their Payment Account for the License and Service Fees that apply to Account transactions, as stated in Section 5 ("Hotpay Fees").
6.6. Contribution of Amounts to the Payment Account: The only way to contribute amounts to the Creator, Co-Producer or Affiliate Payment Account is by carrying out Product sales on the platform.
6.7. Non-transferable Payment Account: The Creator’s and the Co-producer’s Payment Account is personal and non-transferable and is assigned to a single Creator. The Creator and the Co-producer may not permit the use of their Account to any third parties.
6.8. Inactivity Fee: Hotmart may, at its sole discretion, charge a fee for administration of an inactive account, equivalent to BRL 10.00 or 5% of the balance in the User's payment account, whichever is larger. This fee may apply to the total balance of the inactive account at the end of each month, and is not charged in cases of an account with no balance or negative balance. For the purposes of this fee, an account is considered inactive if, within a period of more than 12 (twelve) months, the User, cumulatively: (a) does not make any withdrawals, provided that funds are available; (b) does not create any Products; and (c) does not release any Hotlinks.
6.9. Transaction Availability and Settlement Deadlines: Payments credited to the Creator, Co-Producer or Affiliate Payment Account will be available in accordance with the deadlines and conditions described here.
6.10. Suspected Fraud and Prevention Measures in the Payment Account: Payments made and balances maintained in the Payment Account may be blocked totally or partially, at Hotmart's discretion, as described in Section 12 ("Fraud prevention measures and suspension of payments") of this Term.
6.11. Blocking of Amounts in the Payment Account: Any amounts blocked as a result of irregular practices or the above reasons may be withdrawn from the Payment Account and used by Hotmart to comply with a court order, to reimburse any costs, expenses, or damages caused to Hotmart or third parties.
6.12. Cancellation or reversal of transactions in the Payment Account: Hotmart may cancel and/or reverse a Transaction for withdrawing amounts from a User's Account to the Bank Account(s) indicated by the User, in case of suspicion of any irregularity, fraud or any other act by the User contrary to the provisions of these Terms and Conditions. Hotmart may also suspend, limit access or permanently cancel the Creator’s, Co-Producer’s or Affiliate’s registration and Payment Account.
7.1. Additional Features: Hotmart may offer additional features to facilitate payment transactions between Users by means of Hotpay, such as, but not limited to (a) the possibility of offering the installment payment of the offer price for the Product; (b) the possibility for Users to anticipate the right to withdraw amounts accumulated in their balance. The use of these additional features might be subject to the payment of additional fees by the User, who will always be informed before the hiring of the specific feature.
8.1. Recurring billing: Hotmart offers Users the recurring billing feature, a form billing mode that is scheduled and processed by Hotpay, and allows Buyers to access the Product for a certain time, as defined by the Creator, through periodic payments. This mode is useful for Creators who sell Products whose availability is continuous. The recurring billing may also be called a "subscription" on the Hotmart website and communications. By means of the recurring billing, the Purchaser authorizes Hotmart beforehand to charge for the availability of the Product during the periods predefined by the Creator. Once the Purchaser chooses this form of billing, it can no longer be changed for the same Product.
8.2. Features for recurring billing: When choosing the recurring billing mode, the Buyer must keep the information regarding the payment method chosen for the subscription updated in their Hotmart account. Therefore, if Hotmart is unable to charge the subscription fees because the Buyer has cancelled the payment method used to access the Product, or for failing to maintain the information regarding the payment method updated, the availability of access to the Product may be suspended until the recurring billing is settled. Thus, by signing up for a subscription, you understand and accept that Hotmart is not obliged to compensate you for any property or non-monetary damages arising from the interruption of access to the Product.
9.1. Purchases with the Hotmart account balance: A User who is a Creator, Co-Producer or Affiliate can use their Hotmart payment account balance to purchase Products. If you use your Hotmart balance, the amounts corresponding to the purchase made will be deducted from the amounts available for redemption, resulting from your sales. If the balance in your account is not sufficient to complete the purchase of the desired Product, you may pay the remaining amount using a credit card as a payment method. The Hotmart account balance may only be used for BRL transactions between Users who, in their Hotmart accounts, declare to be both domiciled in Brazil.
9.2. Daily limit: Daily limit: Hotmart may, at its discretion, establish daily limits for the use of the User's account balance with Hotmart for the payment of Products. If the price of the desired Product is higher than the applicable limit, or if you do not have sufficient balance to make a specific purchase, you may pay the remaining amount by using a credit card as a payment method.
10.1. Granting of Authorization for Access to the Receivables Schedule at Registration Entities: The Creator and the Co-Producer, in cases of co-production in the Business Partnership model, authorize Hotmart to register the transactions carried out through the Hotmart Platform, operations and negotiations of receivables arising from such transactions, in the registration systems maintained by registration entities, under the terms of the applicable regulations of the Central Bank of Brazil, by sending information about the Creator and the Co-Producer and the respective transactions to the registration entities, as well as authorizing Hotmart and Hotmart's third-party partners, who act in the context of anticipating the Creator's and Co-Producer's receivables, to consult the Creator's and Co-Producer's payment schedule data with the registration entities, under the terms of the applicable regulations.
10.2. Anticipation of receivables: By registering a Product on the Hotmart Platform and opting to make payment in installments via credit card available to the Buyer, the Creator agrees to receive payment in advance of the amounts due, before the deadline set out in the rules of the payment arrangements, in accordance with the anticipation structures to be defined by Hotmart, under the terms set out in this Section, in particular in item 10.3.
10.2.1. The provisions of this Section 10, as well as the prepayment operation itself, apply to installment payments made by the Buyer using a credit card. Therefore, if the Creator chooses to make this method of payment available to the Buyer, the Creator hereby agrees to carry out operations to anticipate the credit rights constituted therein, under the terms set out herein. If the Creator does not wish to make any form of anticipated payment of receivables, it is possible to choose other payment methods available to the Buyer, including installments, other than the aforementioned installment payment via credit card, such as installments via bank payment slip. If you have any questions, please contact Hotmart via the Hotmart Customer Service Center.
10.3. Fees due for the anticipation of receivables: Hotmart will make the anticipated payment of the transactions within the period informed on the Hotmart Platform, for the net amount, after deducting: (a) the License Fee and the Service Fee due for the use of the Hotpay resources; (b) the fee charged for the capturing and processing of the transactions; and (c) the fee resulting from the anticipation of receivables, charged as a discount, due to the prepayment, via subrogation, or assignment of the respective credit rights (as applicable).
10.3.1. By registering a product on the Platform, the Creator may, at your discretion, and based on article 1 of the Brazilian Law 13.455, dated June 26, 2017, choose to increase the price of the Product to be charged to the Buyer in the case of purchases made in installment plans, so that the assignment fee applied in the acquisition of the receivables by the third party that Hotmart may determine, or that the discount rate resulting from the payment with subrogation pursuant to item 10.7 below, be included in the price of the Product. In this case, you acknowledge that the price of the Product, for all legal and tax purposes, shall be the final price charged to the Buyer as informed by Hotmart to the Creator.
10.4. Form of anticipation of receivables: The anticipation of receivables may occur through different legal structures, at the sole discretion of Hotmart, such as, for example, (a) in the form of prepayment to be made by Hotmart or its partners, or (b ) in the form of operations involving the assignment of credit rights to third parties that Hotmart may determine (including investment funds), in the case of transactions in national currency (i.e., in Reais), or (c) payment by subrogation carried out by LaunchPad Sociedade de Crédito S.A. The assignment of receivables and payment by subrogation operations are means of enabling the anticipation of payments and will not result in any additional obligation or fee to the Creator beyond those already provided for in the Payment Policy in force.
10.5. Anticipation of receivables through assignment of credit rights: If the operation is structured in the form of assignment of credit rights, Hotmart may appoint the third party assignee, at Hotmart's sole discretion, based on the request for anticipation of receivables by the Creator (and the third party may even consist of an investment fund). Such assignment will imply in the definitive transfer of ownership of the credit rights to the third party determined by Hotmart, so that these rights will no longer be part of the Creator's assets upon confirmation of the request for anticipation of receivables by the Creator, which, in the case of the option of contracting an Advance Plan, occurs at the time of confirmation of the sales transaction. Therefore, when requesting the anticipation of receivables, the Creator declares to understand and accept that Hotmart may promote the transfer of receivables arising from its sales of Products paid by credit card in installments to Hotmart's partner institutions that enable the offering of this anticipation operation, without co-obligation of Hotmart.
10.5.1. For the assignment of receivables, under the terms of item 10.5 above, the following conditions must be observed:
10.5.1.1. Power of Attorney: The Creator, exclusively for the purposes of the anticipation transactions, as per its request for the anticipation of receivables, hereby irrevocably and irreversibly constitutes Hotmart as its attorney-in-fact to (in conformity with article 653 et. seq., and articles 684 and 685 of the Civil Code), on its behalf, assign, definitively transfer, and negotiate the terms of said anticipation transfer with the third party determined by Hotmart, may also sign, on its behalf, any documents necessary for the full exercise of the powers granted herein, including, without limitation, signing terms of assignment and acceptance, and/or any other document, as well as grant the discharge of the payment of the acquisition price for the assignment of receivables with the third party determined by Hotmart.
10.5.1.2. Assignment of Receivables: The transaction must occur through the assignment of existing receivables by the Creator, represented by Hotmart, under the terms of the power of attorney granted in item (a) above, to the third party determined by Hotmart (including investment funds), which will imply in the definitive transfer of ownership of the receivables to the third party determined by Hotmart, with the referred assigned receivables ceasing to be be a part of its equity or assets;
10.5.1.3. Information provided to the acquirers of the Receivables: Due to the anticipation of receivables, the Creator undertakes to provide all the information that is requested by the assignees of the receivables, whether directly or through Hotmart. This information may involve the Creator's personal information, information about the commercial transactions made by the Creator, and the transactions made by the Creator on the Platform.
10.5.1.4. Notification: Hotmart hereby acknowledges, for all legal and factual purposes, that due to the anticipation of receivables to the Creator and the Co-producer through the assignment of receivables, it shall be deemed notified pursuant to the terms and for the purposes of article 290 of the Civil Code.
10.5.1.5. Assignment Price: At the moment of the transaction due to the sale of a Product, the price of the assignment will be determined, which will take into account several criteria, such as the amount to be assigned, the deadline for the transfer of the assigned receivables, among others.
10.5.1.6. Responsibility for the Assigned Receivables: In the assignment transactions addressed herein, the Creator and the Co-producer hereby acknowledge and accept that it is responsible for the proper formalization, correct constitution, existence, liquidity and certainty of the assigned receivables, as well as for the reversals, debits and cancellations that occur with respect to such receivables, and must reimburse Hotmart and/or the third-party assignee in event of a reversal, debit, challenge or cancellation of the assigned receivables, stating that its receivables are free and unencumbered to carry out the assignment transactions set forth herein; and
10.5.1.7. Prohibition of Negotiating Receivables with Third Parties: The Creator acknowledges and agrees that, as of the completion of the transaction, the receivables can no longer be negotiated with third parties in general, being prevented from assigning, selling, or pledging them, a fact that may be reflected in the registration entities by Hotmart. Thus, the Creator acknowledges and agrees that they may not, under any circumstances, enter into credit operations with financial institutions granting as collateral, the receivables constituted, or to be constituted, arising from transactions conducted by the Platform. If the Creator negotiates the assigned receivables, measures may be applied, such as (a) the blocking of the amounts transferred, or to be transferred, to the Creator’s payment account, up to the limit of the credit operation entered into by the Creator; and (b) the blocking of the Creator from the Platform.
10.6.1. In order to carry out the assignment of receivables as provided by item 10.5 above, it should be observed that Hotmart, acting on its behalf in the form of the mandate granted to it by means of item 10.5.1.1 above, perform the formalization of the assignment of receivables that meet the eligibility criteria and the conditions for assignment established in the General Conditions of Promise of Assignment and Acquisition of Credit Rights and Other Covenants in the form of Appendix I of this Payment Policy.
10.7. Resolution of Assignment: In case the third party acquiring the receivables assigned by the Creator, as indicated by Hotmart, under the terms set forth in this Section, does not receive all or part of the full amount of the receivables assigned, on the respective due dates, exclusively due to assumptions of resolution of the assignment set forth in the instrument of General Conditions of Promise of Assignment and Acquisition of Credit Rights and Other Covenants attached to this Payments Policy in the form of Appendix I, the Creator will pay the acquiring third party the price of resolution of the assignment, as set forth in Appendix I of this Payments Policy. In the event the third party acquiring the receivables assigned by Creator, as indicated by Hotmart, pursuant to the terms set forth in this Section, does not receive all or part of the full amount of the assigned receivables on the respective due dates, solely due to the existence of any liens, encumbrances or charges on the respective receivables assigned from the Creator, constituted after the assignment to the third-party assignee, the Creator shall indemnify the third-party assignee and/or Hotmart, as applicable, and such indemnification may occur through (i) offsetting transactions with amounts eventually owed by Hotmart to the Creator, arising or not from transactions; (ii) debit adjustment by Hotmart in the Creator's financial calendar; (iii) reversal operation or debit entry by Hotmart in the Creator's financial calendar or bank account; (iv) any other legal or documentary act or formality, using, for this purpose, including credit limits granted in such bank account, with the Creator also bearing the costs and expenses resulting from the collection. The Creator hereby agrees and authorizes Hotmart to perform such operations for the payment of the indemnification, pursuant to the terms of this item. The Creator agrees that the assignment of the receivables will be recorded in a registration system, observing that such recording will be operated by Hotmart, according to the operational procedures of the registration entity for such registrations.
10.8. Anticipation of receivables by means of payment by subrogation: If the operation is structured in the form of payment by subrogation, LaunchPad Sociedade de Crédito S.A and/or a third party to be appointed, at Hotmart's sole discretion, will make the payment, as of the request of anticipated payment of receivables by the Creator, by means of subrogation as agreed between LaunchPad Sociedade de Crédito S.A and/or a third party to be appointed, and Hotmart, with the express agreement of the Creator through this instrument, of the amounts corresponding to the credit rights originally owed by Hotmart to the Creator, subrogating itself as creditor and, consequently, in the right to receive said credit rights owed by Hotmart to the Creator, under the terms of item I of article 347 of the Civil Code. The payment by subrogation described above shall imply the transfer, by the Creator, to LaunchPad Sociedade de Crédito S.A, and/or a third party to be appointed, at Hotmart's sole discretion, of all its rights to receive the credit rights, so that these rights shall cease to form part of the Creator's assets as from confirmation of the request for anticipation of receivables by the Creator and receipt by the Creator of the payment by subrogation provided for herein.
10.8.1. For the anticipation of receivables by means of payment by subrogation, under the terms of item 10.8 above, the following conditions must be observed:
10.8.1.1. Mandate Clause: The Creator, exclusively for the purposes of anticipation operations, in accordance with his/her request for anticipation of receivables, hereby irrevocably and irreversibly constitutes Hotmart as his/her attorney-in-fact (in accordance with article 653 et seq. and articles 684 and 685 of the Civil Code) to assign, definitively transfer and negotiate the terms of said advance payment with LaunchPad Sociedade de Crédito S.A or a third party determined by Hotmart by means of payment of the receivable by subrogation to be made by LaunchPad Sociedade de Crédito S. A. and/or said third party, under the terms of the Civil Code, and may also sign, on its behalf, any and all documents necessary for the full exercise of the powers granted herein, including, without limitation, signing terms of acceptance and/or any other document, giving discharge in relation to the price corresponding to the subrogation payment made by LaunchPad Sociedade de Crédito S.A or the third party determined by Hotmart, as well as expressly stating the Creator's consent to the subrogation of rights provided for herein;
10.8.1.2. Payment by Subrogation: The operation must take place by means of payment by subrogation related to the existing receivables held by the Creator, represented by Hotmart, under the terms of the mandate granted in item (a) above, to LaunchPad Sociedade de Crédito S. A or a third party determined by Hotmart, which shall imply the transfer by the Creator to LaunchPad Sociedade de Crédito S.A and/or a third party to be appointed, at Hotmart's sole discretion, of all its rights to receive the credit rights, with said receivables ceasing to form part of its assets;
10.8.1.3. Provision of information to purchasers of Receivables: As a result of payment by subrogation, the Creator undertakes to provide all the information requested by the subrogated creditors, either directly or through Hotmart. This information may involve the Creator's personal information, details of commercial transactions carried out by the Creator, and the operations carried out by the Creator on the Platform;
10.8.1.4. Amount to be Paid - Payment by Subrogation: At the time the transaction is made due to the sale of a Product, the amount corresponding to the payment by subrogation will be defined, which will take into account various criteria, such as the amount to be paid, the transfer period of the receivables subject to the payment by subrogation, among others;
10.8.1.5. Responsibility for the Anticipated Receivables: In the payment operations by subrogation dealt with herein, the Creator and Co-Producer hereby acknowledge and accept that they are responsible for the proper formalization, correct constitution, existence, liquidity and certainty of the anticipated receivables, as well as for the reversals, debits and cancellations that occur in relation to such receivables, and must reimburse Hotmart, LaunchPad Sociedade de Crédito S. A and/or a third party to be appointed, at Hotmart's sole discretion, in the event of a reversal, debit, dispute or cancellation of the receivables assigned, declaring that their receivables are free and clear to carry out the payment operations by subrogation provided for herein. In the event of a dispute and/or cancellation of a transaction made by credit card in installments, where the respective receivables have already been advanced by subrogation payment, under the terms described in this Section 10, the Creator must reimburse, by transferring the funds received, as said subrogation payment in a format to be defined and communicated to the Creator by Hotmart, the remaining amounts in proportion to the installments to be defaulted due to any dispute and/or cancellation; and
10.8.1.6. Prohibition of Negotiating Receivables with Third Parties: The Creator declares that he/she is aware and agrees that, once the transaction has been made, the receivables may no longer be negotiated with third parties in general, being prevented from assigning them, selling them or giving them as collateral, a fact which may be reflected in the entities registered by Hotmart. Therefore, the Creator acknowledges and agrees that they may not, under any circumstances, contract credit operations with financial institutions granting as collateral the receivables constituted or to be constituted as a result of the transactions made through the Platform. If the Creator negotiates the assigned receivables, measures may be applied, such as (a) blocking the amounts transferred or to be transferred to their Payment Account, up to the limit of the credit operation contracted by the Creator; and (b) blocking the Creator from the Platform.
11.1. Withdrawal deadlines: Creators, Co-producers and Affiliates registered and qualified on the Platform may request the redemption of the accumulated amounts of sales made: (a) by default, after 30 days from the date Hotmart receives confirmation that the transaction has been approved by the payment arrangement participants; or (b) if the Creator and the Co-producer agree to another payment term with Hotmart, after the term agreed with Hotmart, from the date Hotmart receives confirmation that the transaction has been approved by the payment arrangement participants. Hotmart may stop accounting for sales amounts that are affected by chargebacks, complaints or disputes regarding payment transactions.
11.1.1. Hotmart has no obligation, under any circumstances, to initiate chargeback dispute requests submitted by Buyers and will deduct the amounts from those due to Creators, Co-producers and Affiliates. Disputes made out of sheer liberality do not oblige Hotmart in future cases.
11.1.2. Withdrawal fee for amounts in the User's balance on the Platform: Withdrawal of accumulated amounts from sales in the User's balance on the Platform is subject to: (a) payment of the withdrawal fee, applicable to each withdrawal operation requested by the User; and (b) withdrawal of a minimum amount for each operation. The User cannot request the withdrawal of amounts accumulated from sales made if their balance is less than the amount required for the payment of the withdrawal fee and the withdrawal of the minimum amount. The amounts of the withdrawal fee and the minimum withdrawal amount are available at this link, and may be modified at any time by Hotmart, by means of prior notice.
126.96.36.199. Withdrawal of Amounts arising from Sales operated by Hotmart BV: The amounts available for withdrawal, arising from transactions operated through Hotmart BV, will be automatically transferred by Hotmart, without the need for Users to request it, once a month, to the bank account registered on the Hotmart Platform. Users assume responsibility for keeping all their bank account details up to date for the appropriate purposes. In the case of automatic transfers, there will be no withdrawal fee. Regardless of the automatic transfer, Users may request new withdrawals, upon payment of the withdrawal fee and provided there is an available balance.
11.2. Payments made after the User's change of residence: All purchase requests and consequent payment transactions will be made according to the User's domicile, currency and company hired. In case of change of domicile, the User must immediately update his/her registration info and inform the new bank account held, following the rules provided on the Platform. The balance hitherto existing in the User's payment account, prior to the change, may only be withdrawn, in whole or in part, through the bank account previously informed by the User.
12.1. User account irregularities: Due to the applicable regulations, Hotmart may need to check the information provided by Users before authorizing the use of Hotpay for procedures such as, balance redemption, use of the balance for purchases or advance, among others. Hotmart will inform Users who are registered irregularly or incompletely. Hotmart may block any withdrawal operation and suspend access to User sales’ links if the User does not provide the necessary adjustments within 30 days from Hotmart's notification regarding them.