Hotmart’s General Terms of Use

Version updated on January 1, 2024

Thank you for using Hotmart services!

Hotmart provides a space for those who want to create or promote a Product simply and practically, helping people to live their passions and teach what they know to the whole world and find people with common interests. These Terms govern the use of the Hotmart Platform and all of its features, applications, services, technologies, and software provided by Hotmart, except when we expressly clarify that other terms (and not these) apply.

To make these Terms easier to read, we’ve provided a Glossarywhich lists the meaning of the expressions that start with capital letters in these Terms or in other Hotmart Policies. In particular, we treat both the www.hotmart.com website and its subdomains indistinctly as Hotmart Platform or only Platform, as well as any other websites, interfaces, or applications in which Hotmart makes its resources available. The services related to the resources made available by Hotmart are collectively referred to as Services.

By accessing or using the Platform, you agree to be bound by these Terms and abide by their rules. You should read these Terms carefully. They contain important information about your rights and obligations regarding the access or use of Hotmart's features or Services.

OVERVIEW

A. These terms govern the access or use of the resources contained on the Platform for all Users, anywhere in the world.

B. These Terms constitute a binding contract between you, the User, and Hotmart, and govern the access and use of: (a) the www.hotmart.com website and its subdomains; (b) any other websites, interfaces, or applications in which Hotmart makes its resources available, including our mobile, tablet or other electronic devices; and (c) all services related to the resources made available by Hotmart.

C. The company you hire to use the Platform and operate your transactions may vary depending on the transaction, depending on the country or countries of residence of the User(s) and the currency in which the transaction is conducted. If the transaction is carried out in Reais (BRL), between two Users who declare residence in Brazil, the company that processes the transaction is the Brazilian company Launch Pad Tecnologia, Serviços e Escolhas Ltda., registered with Brazilian’s Taxpayers Registry (CNPJ/ME) under the nº 13.427.325/ 0001-05, 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 the Dutch company Hotmart BV, with registered office at Frederiksplein 1, 1017, XK Amsterdam, Amsterdam, Netherlands, KVK CCI registration no. 60335777 (“Hotmart BV”). If the transaction is carried out in United States dollars (USD) between Users who declare residence in the United States of America, the company that collects the amounts from Buyers is the American company Launch Pad Payment Services Corp., headquartered at 251 Little Falls Drive, Wilmington. , DE 19808, registration no. 6840958 (“Hotmart USA”). The business model applicable between you and Hotmart will depend on the company you contract with. By accepting these terms, you grant Hotmart broad powers to carry out all activities necessary to maintain the established commercial relationship and comply with these Terms and other Policies.

D. By accepting these Terms, you acknowledge and agree with their content and the other applicable Hotmart Policies, including the Privacy Policy. Hotmart Policies are an integral part of these Terms and are incorporated into them by reference, even if they are presented in separate texts. In case of any conflict, these Terms’ rules shall prevail over the conditions established in other Hotmart Policies, except if there are specific provisions establishing that a certain Policy prevails. These Terms and their updates also prevail over all previous proposals, understandings or agreements, verbal or written, which may exist between you and Hotmart.

E. After you accept these Terms, Hotmart automatically grants you a non-exclusive license to use the Platform. The features contained on the Hotmart Platform are licensed as is. They may be modified, replaced, or removed from the Platform by Hotmart at any time without prior notice.

F. Respect for the conditions of these Terms is essential for the legitimate use of the resources available on the Platform. If you use the Platform in a way that is incompatible with these Terms, Hotmart may apply different measures, at any time, with or without notice. These measures may include, notwithstanding others, (a) the suspension of access to your product, (b) suspension of access to your account, (c) cancellation of your registration, or (d) the cancellation of your license to use the Platform. How these and other measures are applied is detailed throughout these Terms.

G. By accepting these Terms, you authorize Hotmart to report, to the competent authorities, any act related to the access or use of the Platform that Hotmart considers to have indications of irregularities or illegalities. The reported User may not demand that Hotmart pay any kind of indemnity, for property or non-monetary damages, due to such reporting.

H. In compliance with guidelines issued by international agencies, such as the United States Office of Foreign Assets Control, the United Kingdom Sanctions List, or the United Nations Security Council Sanctions List, Hotmart does not deal or operate with Users located in certain countries or regions, in compliance with global standards and acceptable practices aimed at the prevention of money laundering, fraudulent acts and the financing of illicit activities.

I. Hotmart cares about your privacy and is committed to preserving it. The treatment of personal information related to your access and use of the Platform is described in our Privacy Policy.

J. All payment-processing services related to your use of the Platform, or performed through the Platform, are provided to you as established in Hotmart’s General Payment Policy.

K. When using Hotmart Services regarding any Product, you are responsible for identifying, understanding and complying with all applicable laws, rules and regulations. This may include, but is not limited to, rules of a civil nature, rules regarding intellectual property, the advertising and content of your Product, and its marketing and sharing with Buyers. Applicable rules may also require regulatory measures, such as obtaining licenses, permits or authorizations from public agencies, in addition to registration in professional registries, and compliance with regulations issued by them. Rules on taxes or accounting may also apply. If there are questions about how local laws apply to your business on the Platform or your relationship with Hotmart, talk to your attorney or accountant.

L. Hotmart reserves the right to modify these Terms at any time. If these Terms are changed, Hotmart will publish the revised Terms on the Platform, and will inform the date of the lastest update ("version updated on"). We will also send you a notification, within 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 with immediate effect. If you do not terminate your Agreement before the new version’s effective date, your continued access or use of the Platform will mean that you accept the changes.

M. If Hotmart does not immediately exercise any right that may be granted under the law, or these Terms, for any reason, or even if it ceases to exercise any right in a particular case, it does not mean that Hotmart is waiving the exercise of such rights. Hotmart may exercise its rights at any time, at its discretion, and if Hotmart waives the exercise of any of its rights individually, this does not mean that it is waiving the exercise of its rights as a whole.

N. Expressions starting with capital letters in these Terms or Hotmart Policies have their own meaning, as detailed in the Glossary provided on this link. To understand the content of these Hotmart Terms and Policies in detail, we recommend that you consult the meaning of these expressions in the Glossary.

O. The use of examples in these Terms, as well as the use of words such as “also”, "including" and other similar terms, cannot be interpreted in such a way as to limit the scope of the rules that use them and always have an exemplary and therefore non-exhaustive function.

P. The official language of these Terms is American English. Any version of these Terms in another language is a courtesy translation. In case of conflict, the English version shall prevail for all contracts.

1. THE SERVICES PROVIDED BY HOTMART

1.1. Scope of Hotmart Services: The Hotmart Platform provides a set of online resources that enable its Users to consume, create, promote or sell Products in different formats. When Users make a transaction regarding a Product through the Platform, they sign a contract directly with each other. Hotmart is not, and does not, become a party, intervenor, or guarantor of any relationship between Users.

1.2. Relationship between Users and Hotmart: When using the Platform as a Creator, Cocreator, Affiliate, or Buyer, you are contracting Hotmart’s services, and you do not become a Hotmart employee, collaborator, representative, agent, partner, or associate. You may not present yourself as having such links with Hotmart (for example, you may not describe yourself on social media as a "Hotmart salesperson" or "Hotmart agent"). You must act exclusively on your own behalf and for your own benefit, and you may not act on behalf or for the benefit of Hotmart. You are free to act and have the discretion to promote and sell the Products of which you are the Creator (individually or together with a Co-producer) or Affiliate, respecting the legal rules, the rules of these Terms, and Hotmart's Responsible Use Policy, as well as to conduct your business activities and establish your working relationships as you see fit.

1.3. Product ownership: As owner and supplier of the features provided by the Platform, this does not mean that Hotmart creates, develops, controls, endorses, or supplies any Product. Creators and Co-Producers are fully responsible for the Products and the information inherent to them, including their offer and rules of use, according to what has been negotiated between the Parties, and as long as all the Terms are respected. Hotmart is not responsible for any disputes or damages of any nature that may arise from the relationship between its Users, or from them with Third Parties. In particular, Hotmart is not responsible for any claim you may have for relying on information provided by a Creator or Co-producer, an Affiliate, or conveyed in a Product.

1.4. No Promise of Performance, Gain, or Results from the Use of the Platform: Hotmart does not promise or guarantee that you will achieve any performance, gain or result from the use of the Platform, or the acquisition of any Product. In addition, no Creator, Co-producer or Affiliate can promise any performance, gain, or an unobtainable result of any nature, whether resulting from the use of the Platform, your condition as a User, or the use or sale of the Products. Thus, for example, no Creator, Co-producer or Affiliate may promise that the use of the Platform provides extra income to Users, nor announce that the use of a Product guarantees benefits to the Buyer’s health.

1.5. Product Compliance with Hotmart Policies: Hotmart provides a space and resources for those who wish to create, promote or sell Products simply and conveniently, helping people make a living from their passions and teach what they know to the world and find people with interests in common. Therefore, any Creator or Co-producer can use the Platform to create, advertise or sell their Products. In line with the applicable legislation, Hotmart is not obliged to take prior control of the content (editorial or any other nature) of the products or curate any type of Products. Hotmart also is not obliged to make prior control of its User base.

1.6. Verification processes conducted by Hotmart: Hotmart takes the integrity of the community using the Platform very seriously, and therefore, reserves the right to perform verifications before or after the registration of Users, the offer of a Product, or the insertion of any content on the Platform, as well as the right to require additional information or even changes to Products registered on the Platform. Any references to a User or Product under "analysis" (or similar language) only indicate that the User or Product is undergoing a registration verification process and nothing more. None of these descriptions represent an endorsement, certification, or guarantee by Hotmart regarding the Product’s quality. Nor do these descriptions represent any proof that the User or Product complies with applicable law, these Terms or the Hotmart Policies. We remind you that Users, and not Hotmart, are responsible for complying with all the rules applicable to the registered Products and their sale and sharing.

1.7. Marketplace and Advertising through Third-party Services: To expand the exposure of Products, Hotmart can include them in its marketplace on the Platform, according to criteria established by Hotmart itself. By adding a Product on the Platform, the Creator and Co-producer authorize its display. Hotmart may also mention or promote the Products in its communications, either internal or external, as well as other websites, applications, online and offline promoting, itself or by third parties, including through Third-party Services. If any of these occur, Hotmart preserves its independence regarding the Products and the Creators and Co-producers, and this promoting does not mean that Hotmart endorses or agrees with the content of the Products. In addition, the Creators and Co-producers who have their Products promoted are not entitled to any benefit, compensation, or indemnity for such promoting or ending the exposure on the marketplace.

1.8. Access to the Internet and the Platform: Due to the Internet’s nature, Hotmart cannot guarantee that the Platform will be available and accessible uninterruptedly. Moreover, Hotmart may restrict the availability of the Platform or certain areas or features related to it, if necessary, considering the capacity limits, the security or integrity of its servers, and carrying out the maintenance or improvement of its services. Hotmart cannot be held responsible by the User or by any third party due to the impediment or changes in the form of access to the Platform and Services. Hotmart may improve and change the Platform at any time, either to modify, replace or remove existing Services, or to add new Services.

1.9. Third-party Services: The Platform may contain links to Third-party websites or features. These Third-party Services are not part of the scope of Hotmart Services and are not part of the Platform. Therefore, they are subject to different terms and conditions, including with regard to privacy practices. Hotmart is not responsible for the availability or accuracy of Third-party Services, nor for their content, products, or services available in these Third-party Services. Links to such Third-party Services do not represent Hotmart’s endorsement or agreement with them.

1.10. Customer Service and Dispute Resolution among Users: Hotmart has User support mechanisms to facilitate the solution of problems related to Hotmart Services. Hotmart also has mechanisms to facilitate communication to solve problems and possible conflicts between you and another User, acting as a channel for dialogue in search of a consensual solution between Users. In cases where Hotmart provides customer services on contracts managed by Hotmart BV, and within its limitations, Hotmart BV will provide such services on behalf of the Creators, as a commercial agent.

2. ELEGIBILITY, REGISTRATION AND ACCESS TO THE PLATFORM

2.1. Creator, Co-producer, Employee, or Affiliate eligibility: To register an account on the Platform as a Creator, Co-producer, Employee, or Affiliate, you must be at least 18 years old, or emancipated, in accordance with the applicable law. By accepting these Terms, you declare to be fully capable to perform all acts of civil life. If you register with Hotmart on behalf of a legal entity, you declare that you have such powers and all necessary authorizations to bind it regularly, including to grant Hotmart all permissions and licenses referred to in these Terms or in the Hotmart Policies.

2.2. Buyer eligibility: The minimum age for Buyers to register on the Platform is 13 years old. Teenagers between 13 and 18 years of age must be regularly authorized by their parents or guardians to do so. Registration on the Platform and acceptance of these Terms assumes that such authorization has been granted. Hotmart must cancel the registration of Users under the age of 18 if requested by their parents or guardians, but this does not entitle them to any compensation or refund regarding the Products purchased by the minor while their registration was valid. 

2.3. Restricted Users: Hotmart may refuse or cancel a User's registration if it becomes aware, by itself or through a substantiated complaint by a third party, of the existence of a conviction, through a final sentence, for (a) heinous crimes, or similar to heinous crimes; (b) involvement in criminal organizations, money laundering, terrorism or international human trafficking; or (c) crimes committed by electronic means or cyber mechanisms.

2.4. Suspension or Termination of your Account: If Hotmart limits your access or use of the Platform, suspends your account or terminates this Contract; you may not register a new account on the Platform or access or use the Platform through the account of another User, without Hotmart's prior authorization and provided that the reasons for the suspension or cancellation do not subsist. 

2.5. Registration: In order to use the Platform or to register a Product, you undertake to properly fill in all the information requested by Hotmart when registering, and with the correct information, aware that any mistakes may have an impact on the User, including tax impacts. Hotmart may use any legally accepted means to identify you, and may also request additional information from you at any time to complement the information already provided. If you send false, incorrect or incomplete information, your registration may be suspended or cancelled. Hotmart may refuse your registrations or cancel them if it believes that there are indications that you are using or tend to use the Platform in breach of these Terms.

2.6. Accuracy and Veracity of Information: You are solely responsible for registering true, accurate, and up-to-date information, and are responsible for the consequences of untrue, incomplete or incorrect data or information that you provide during or after registration. Always check the information provided to the Platform before completing your registration.

2.7. Access Password and Account Activities: You are solely responsible for your username, your password, and any activity conducted through your Platform account. Hotmart is not responsible for any property or non-monetary damages, resulting from the misuse of your account by third parties. It is essential that you maintain your credentials’ confidentiality and security to access your Hotmart account, which are personal and non-transferable. Do not disclose, or in any way share, these credentials to third parties. No employee, collaborator, representative, agent or any person, directly or indirectly connected to Hotmart, is authorized to request you to share your access password. You should also not share your access credentials with Creators or Affiliates, because the activities these Users perform are not dependent on the sharing of this type of information. You must notify Hotmart immediately if you become aware or suspect that your access credentials have been lost, stolen, misappropriated by a third party, had their confidentiality compromised, or have been used in any way without your authorization.

2.8. Banking Information: After making their first sale, Creators, Co-producers or Affiliates must provide their banking information, indicating the bank account in their name. If the registration is in Brazil, the bank account must be at the same residential address, both for individuals and companies. In the case of Users with accounts in other countries, if they are individuals, the same rules apply as in Brazil; if they are companies, they will be allowed to register bank accounts in other countries, as long as they have the same ownership. These Users are responsible for keeping this information up to date on the Platform. The registration or transfer of amounts owed to Creators, Co-producers or Affiliates to third-party bank accounts is not allowed under any circumstances and under no pretext. Registering or transferring amounts to a bank account of the same ownership but located outside the Creator, Co-producer or Affiliate’s country of residence is also prohibited.

2.9. Data Processing: Hotmart's Privacy Policy governs the processing of personal data you provide to Hotmart during Platform use and access.

3. YOUR PRIMARY COMMITMENTS TO HOTMART AND OTHER USERS

3.1. General Obligations of the Platform Users: You must access the Platform or use the Hotmart Services only for lawful purposes. You must preserve Hotmart's reputation and avoid any practices, carried out by you (or by third parties related to you) that may, directly or indirectly, discredit Hotmart, its Services, its employees, collaborators, representatives, agents or partners.

3.2. Hotmart’s Intellectual Property Rights: The information contained on the Platform, as well as the brands, patents, industrial designs, company names, domain names, programs, databases, networks, files, copyrights, media in general (audio, text, video, etc.) and any other intellectual property related to Hotmart Services, or contained on the Platform, are the exclusive property of Hotmart, or have been regularly assigned or licensed to Hotmart. These elements are protected by international intellectual property laws and treaties. It is prohibited to copy, distribute, use or publish, in whole or in part, any material, any Platform item, or any Product offered on the Platform, without prior written authorization from Hotmart.

3.3. Relationship of Users with each other and with Third parties: You are committed to maintaining a healthy and harmonious relationship with other Users and with third parties, regarding the use of the Platform. You may not harm, slander, insult or defame other Users or third parties, including Hotmart employees, collaborators, representatives, agents, or partners, with whom you have contact. If Hotmart finds that you have harmed, harassed, discriminated against, or in any other way harmed the rights of such persons, Hotmart or other Users, Hotmart may, at its discretion, take measures provided for in these Terms, which may include suspension of your license to use the Platform and the termination of the rendering of Services to you, excluding you from the Platform, in addition to seeking compensation for any property or non-monetary damages, that you cause.

3.4. Indemnification to Hotmart: By accepting these Terms, you accept not to harm Hotmart, and to repair any damage you cause to Hotmart, by action or omission that is attributable to you. This obligation to avoid and repair damages includes property and non-monetary damages, in addition to all expenses incurred by Hotmart as a result of conduct attributable to you, such as expenses with tax obligations, lawsuits, out-of-court settlements, or legal and expert fees, fines and interest, related to Products sold. You also accept not to harm and to repair the damages you cause to Hotmart's partners, its controllers, its controlled or affiliated companies, its directors, managers, employees, agents, representatives, and attorneys.

3.5. Proper Use of Hotmart's Platform and Services: Hotmart offers a safe environment for anyone to create, advertise, sell or buy Products and thus, start their own business and acquire new skills. In this manner, and notwithstanding other rules provided in these Terms or in Hotmart Policies: (a) you may not violate or attempt to violate any Platform security measures, nor take advantage of any inconsistency of Hotmart's systems; (b) you may not change any Product information after Hotmart completes the registration verification process, including its title, description, purchase conditions and content of the digital or physical Product; (c) you may not induce third parties into believing, by your action or omission, inside or outside the Platform, that you are an employee, collaborator, service provider, representative, or that you maintain any other relationship with Hotmart other than as a User; (d) you may not manipulate Product prices; (e) you may not interfere in transactions carried out between other Users; (f) you may not adopt any promotion, gathering of information, or advertising practices that are unwanted, en masse, repetitive, out of context, misleading, inappropriate, slanderous or illegal, to promote any Product registered on the Platform, such as spamming, flooding, adware, malware and other harmful techniques; (g) you may not state or suggest that the Platform is an easy, fast, or effortless means of obtaining revenue without working; (h) you may not purchase any Product with your own Affiliate link; (i) you must use the Platform with respect, always considering the User Generated Content you add and/or the Products you sell through the Platform; (j) you may not use an Affiliate link from your own Product on your Product page; (k) you may not substitute an Affiliate link from a Product page for your own benefit or that of a third party; (l) you may not use any system to send requests to access and use the Services that exceeds, within a given period of time, what would normally be possible to respond, leading to the impediment of access, deteriorating, or in any way altering, the experience of use of the Platform and its contents; and (m) you accept not to use any automated system, including robots, spiders, scripts or offline readers, that access the Services and use them in a manner contrary to these Terms or current legislation.

4. THE USE OF FEATURES AND CONTENT THAT CAN BE SOLD THROUGH THE PLATFORM

4.1. The Platform Features: Hotmart offers a fully integrated platform with solutions to scale your online business, including the global and secure payment of transactions between Users. The goal is for Creators to focus on developing and/or offering quality products and create closer relationships with their Buyers. To do so, in addition to Product creation, advertising, delivery and payment features, Hotmart also provides features that help sales in a simplified manner, and it is up to Creators to choose which ones they want to integrate to their Products.

4.2. Creator and Co-producer Content: By using any Platform feature to create, advertise or sell a Product, the Creator, by him or her, and because of his or her relationship with other Co-producers (if applicable), declares to be the exclusive owner of all intellectual property rights relating to the Product and its content, or to be regularly authorized by the holders of such rights to do so. The Creator also guarantees that the Product does not infringe any third party's intellectual property rights, including image or copyright, with the Product being the original work, or the Creator and the Co-producer having received the relevant licenses or assignments of rights from the owners of the rights to the content comprising the Product. In addition, the Creator and the Co-producer shall have all rights to grant Hotmart the licenses necessary for Hotmart to perform its activities related to the use of the Platform in connection with the Product, in the form of these Terms and Hotmart's Policies.

4.3. Exclusivity of the Products created, advertised or sold through the Platform: By using any Platform feature to create, advertise or sell a Product, the Creator and Co-producer, where applicable, declare that they have the right to market the Product on an exclusive basis, and undertake the obligation to market the Product exclusively through the Platform. The Creator and Co-producer may not authorize third parties to exploit any competing Product, nor fail to take steps to prevent third parties from exploiting a Product that compete with Hotmart.

4.4. Responsible Use of the Platform: The purpose of Hotmart is to enable people to educate themselves easily and thus, develop both in the professional and personal areas. To achieve this goal, Hotmart adopts certain values and principles, which must be observed by all of its Users: respect for others, Users and local laws is one of them, as well as the protection of freedom of expression and the neutrality and isonomy of Internet networks. Therefore, Hotmart does not accept content that violates these guidelines. By accepting these Terms, you accept to respect Hotmart’s Responsible Use Policy, which exemplifies, in a non-exhaustive manner, the Products that Hotmart does not want on the Platform. In general terms, you may not use the Platform to create, advertise or sell Products and/or insert Content Generated by Users that violate applicable laws or third parties' rights; (b) that incite violence, hatred, discrimination, or that may cause harm to Users or to Hotmart; (c) that harm Users’ experience on the Platform; or (d) that are in disagreement with Hotmart's business model or contrary to the company's values. See Hotmart’s Responsible Use Policy to learn more.

4.5. Evaluations and Other User-Generated Content: Hotmart, at its sole discretion, may allow Users to interact with each other, post comments and/or evaluate Products (“User-Generated Content”) in certain internal and external Platform environments, available to all internet users or, only to Users of the Platform. Users acknowledge that they are solely responsible for all content they publish, exempting Hotmart from any responsibility related to eventual claims, complaints, damages and losses caused to Creators, Co-producers, Affiliates, Consumers and/or third parties. The Users undertake not to infringe third-party rights and to comply with the Hotmart Responsible Use Policy, which applies to this item in its entirety. Hotmart reserves the right to, at any time, apply any of the measures in Sections 10 and 11 of these Terms, in the event of noncompliance with this item, including, but no limited to, the deletion of comments and/or evaluations.

4.6. Digital Product’s Content Made Available to Buyers: By purchasing a digital Product, Buyers are acquiring the right to access its content, under the terms established on the product page. The purchase of the Product does not grant Buyers any intellectual property rights to the Product. Buyers are not authorized to sell or assign the Product, in whole or in part, even if free of charge, to a third party. Hotmart may terminate, temporarily or permanently, the Buyer's access to the Product, including by blocking access to the Product or blocking a User, if the Buyer is found to be in violation of these Terms and/or other Hotmart Policies, or is suspected of fraud. Fraud can be characterized by providing or sharing a password, as well as other conduct such as the unauthorized downloading, transmission, retransmission or storage of the Product.

5. THE MAIN RULES APPLICABLE TO CREATORS

5.1. Exclusivity: All Products must be sold exclusively on the Platform. It is forbidden for the Creator and Co-producer to display, advertise or sell any Product, in whole or in part, through other platforms, means, or supports, online or offline, in any way, whether paid or free.

5.2. Prohibition of Using Hotmart’s Trademark or Inappropriate Association: You cannot use any Hotmart trademarks, logos or trade names to promote any Product, nor indicate directly or indirectly that Hotmart has associated, approved or certified the Product. You shall use and access the Platform only to the extent necessary to use the Hotmart Services in the creation, advertising, sale or use of the Product.

5.3. Main Licenses that the Creator and Co-producer grant to Hotmart upon registering a digital product: The Creator and Co-producer, the latter in cases of coproduction in a business partnership model, will always be the owner of all rights and obligations related to the Product created, promoted, or sold using the Platform. However, when registering a digital Product and it is being used, the Creator and Co-producer automatically grant Hotmart the authorization to sell and provide the product to Consumers, the license to use the intellectual property rights relating to the Product, including copyrights, property rights, on a sub-licensable basis, royalty-free or without any other type of remuneration. The integration of Hotmart Services with a Product does not mean that the Product or the intellectual property rights associated with it become the property of Hotmart. This license is granted on a non-exclusive basis, being valid worldwide, for all legal purposes and effects, and for all modalities of use. This means that if needed, Hotmart can use, reproduce, process, adapt, translate, include subtitles, publish, transmit, display or distribute the Product. on any media or support, inside and outside the Platform.

5.3.1 In the event of termination of this Agreement, for any of the reasons provided for in Section 11 of this document, Hotmart will not use, reproduce, process, adapt, modify, translate, include subtitles, publish, transmit, display, distribute or commercialize the Product on your Platform to make new sales. In the case of Buyers who have acquired the Product before the contractual termination, Hotmart will be authorized to maintain access to the Contents throughout the term established between the parties.

5.4. Protection of Rights relative to the Product: Hotmart's goal is to create a space where Creators and Co-producers can share their skills and knowledge with the world and generate income from it. Therefore, it is important for Hotmart that the rights of Creators and Co-producers over the Products they register on the Platform be respected. To that end, when registering any Product on the Platform, Creators and Co-producers automatically grant Hotmart the right to take any measures, judicial or extrajudicial, for Hotmart to file claims it deems applicable to protect the intellectual property rights related to the Product, property-related or moral, as well as it grants the rights to demand and receive any compensation resulting from its violation. This includes all powers necessary for Hotmart to take the measures it deems applicable to its costs, such as to file a lawsuit, to file as a party in a lawsuit filed by a third party, to make agreements, to file appeals, to settle in or out of court, to give and receive acquittance, as well as all other powers usually required for the exercise and protection of rights in court.

5.5. Users' Personal Data: Creators shall treat Users’ personal data, to which they have access as a result of Hotmart Services, in full compliance with the applicable laws, especially the Personal Data Treatment Agreement.

5.6. Transparency and Duty of Information: In addition to registration information, bank details and other account details, the Creator and the Co-producer shall provide Hotmart and third parties, Users or not, with all reasonably expected information regarding the Products. This information shall be provided in a complete, unequivocal, objective, transparent and updated manner, inside and outside the Platform, notably regarding: (a) the Product’s subject, composition, description, objective, characteristics, quality and quantity; (b) the price, payment methods, installment plan terms and eventual promotions and discounts; (c) the periods and forms of exercising the warranty or right of repentance; (d) the rules, forms, periods, validity, periods and means of delivery, and access, exchanges and returns; (e) rules in the event of lost products; (f) updates and versions, if applicable; (g) mandatory requirements and certification, if applicable; (h) duties to be fulfilled by Users and limits on their rights; (i) the rules for acceptance and commission of Affiliates (such as percentage and possibility of receipt for the first referral, the last referral or splitting of the commission for the first and last referral); (j) any other relevant information or resulting from legal obligations on the use and sale of the Product.

5.6.1. DisclaimersIn addition to any warnings required by laws, regulations or conventions that may exist regarding product advertising, Hotmart may suggest or require the addition of warnings for certain product categories, or for some specific products, in order to ensure greater transparency about the risks and expectations of delivery of Products registered on the Platform.

5.7. Duplicate Products: The Creator and the Co-producer cannot register the same Product in duplicate, selling it through two or more different registrations, without their respective ads offering different payment methods between each other.

5.8. Liability for Related Third Parties: Creators and Co-producers are fully and jointly liable for actions or omissions practiced by Related Third Parties. Related Third Parties are any persons, natural or legal, who are directly or indirectly related to a Product, such as experts, actors, characters or endorsers. By registering a Product on the Platform, Creators and Co-producers ensure that the Related Third Parties know, agree and are obliged to comply with these Hotmart Terms and Policies, as they apply to such persons. Creators and Co-producers are fully responsible for obtaining and maintaining effective, during the entire lifetime of the Product on the Platform, the rights to exploit the image and other personality rights from the Related Third Parties, to the extent necessary for the marketing of the Product. In the event that a Related Third Party is a minor under the age of 18, the Creator and Co-producers shall ensure that he or she has the respective authorizations from the legal guardians and from the competent bodies for issuing permissions in this regard. The participation of minors under the age of 18 in texts, images, or audio contained in the Products, shall be quite restricted, only when essential to the presentation of the proposed topic, and the Creator and Co-producers shall comply with, and be responsible for, compliance with all applicable rules regarding the use of child labor, in addition to that established in these Terms. Hotmart may apply measures against any User or Product, including removing them from the Platform, based on actions or omissions of Related Third Parties that violate these Terms.

5.9. Co-producers: Any Creator can register Users of the Platform as Co-producers of a Product, as long as they are fully capable, in accordance with applicable law, authorizing each Co-producer to access the Product without the need of sharing the access credentials of the Creator on the Platform. When registering, the Creator is responsible for defining the set of acts authorized to each Co-producer, as well as the applicable coproduction model and the commission and percentages to which each Co-producer is entitled for the sale of a given Product. By registering on the Platform, the Co-producer grants the respective Creator all powers necessary to act on its behalf and perform all related acts before Hotmart, other Users and third parties. The Co-producer declares to be aware and agrees that: (i) all obligations provided in these Terms for Creators shall also apply to said Co-producer, as a User; and (ii) except when otherwise provided in these Terms, the rights granted to Creators shall not extend to said Co-producer. Creators are fully and jointly liable before the Users, third parties, and Hotmart for the activities performed by Co-producers relating to their Products. Similarly, Co-producers are fully and jointly liable before to Users, third parties and Hotmart for the activities performed by the Creators related to the Products for which they are registered as Co-producer. By accepting these Terms, the Creators release Hotmart from liability for any property or non-monetary damages, resulting from actions or omissions practiced by the Co-producers, and the Co-producers release Hotmart from liability for any property or non-monetary damages, resulting from actions or omissions practiced by the Creators.

5.9.1. Types of Coproduction: Co-productions can be made in the Commissioning or Business Partnership format, being exclusively up to the Creator to decide which will be applicable to his or her Product, as well as to choosing the User with whom he or she will share such a relationship, according to the following terms: 

5.9.1.1.  Commissioning: In the “Commissioning” coproduction type, the tax obligations to the Buyers are exclusive to the Creator, who is the only direct beneficiary of the payment made by the Buyer and is responsible for issuing invoice(s) as the result of the sale of its Products to Buyers. The Co-producer is responsible for the service provided to the Creator and for the issuance of invoices to the Creator; and 

5.9.1.2. Business Partnership: in the “Business Partnership” coproduction type, the tax obligations to the Buyers are shared between the Creator and the Co-producer, i.e. both are recognized as direct beneficiaries of the payment made by the Buyer, and also those responsible for issuing invoice(s) as a result of the sale of its Products to Buyers.

5.9.2. Exclusive Creator Duties: Regardless of the type of coproduction chosen, Users are aware that only the Creator may, on the Platform, carry out the necessary managerial activities that result from the mandate granted by these Terms, such as changes to prices, offers, assignment of affiliation, other co-productions, among other activities inherent to the Product owner. The Co-producer will, when accessing the Platform, be responsible for, when accessing the Platform, checking if the data and information indicated by the Creator are correct, and with the latter, settle any discrepancy and request its correction, exempting Hotmart of any responsibility. Read Hotmart’s Payment Policy to lean more about Coproduction.

5.9.3. Disagreements between Creators and Co-producers: No contract, negotiation, adjustments, or agreements established between Creators and their Co-producers will be managed, reviewed, or approved by Hotmart. Users are solely responsible for the choices they make in establishing commercial partnerships, including with regard to the model chosen, the assignment of roles and responsibilities, as well as the legal, tax, and economic consequences resulting from it. Hotmart does not get involved in disagreements between the Parties and is under no obligation to intervene in the resolution of any conflicts.

5.10. Creator Collaborations: Any Creator or Co-producer may invite Users of the Platform to be their Collaborators, provided that they are fully capable, and the Collaborator may manage the Creator's or Co-producer’s account, without the need to share the Creator's or Co-producer’s credentials to access the Platform. The Collaborator is not entitled to any payment to be made by Hotmart, and the Creators, Co-producers and their respective Collaborators are responsible for establishing the terms of their relationship. The Creators and Co-producers are fully and jointly liable, to third parties and to Hotmart, for the activities carried out by the Collaborators on their account or related to their Products. By accepting these Terms, the Creators and Co-producers release Hotmart from liability for any property or non-monetary damages, resulting from actions or omissions practiced by the Collaborators.

5.11. Obligations towards Buyers: We remind you that when Users make any transaction on a Product through the Platform, they enter into a contract directly with each other, even if the contract has been signed through Hotmart BV, whose business model is that of commercial agent. Thus, among other things, the Creator and Co-producer are responsible for: (a) ensuring that the Buyer benefits from the Product as offered at the time of purchase; (b) delivering the Product to the Buyer, especially if the product is physical or its use is made available through tools external to the Platform; (c) solving any problems occurring with the Product after delivery to the Buyer, such as technical problems, exchanges and returns; (d) providing adequate support to the Buyer; (e) for responding to eventual contacts of Hotmart's support team to enable proper User service; and (f) for setting the Product’s final price that will be charged to the Buyer. In particular, the Creator and the Co-producer shall respect the deadlines for the exercise of the right of repentance and guarantee required by law, if applicable, as well as any additional deadline it offers to Buyers, being obliged to accept any request for cancellation of the sale and refund, exchange or return of the Product, through the Platform or its service and support channels. To that end, the Creator and the Co-producer hereby authorize Hotmart to deduct refund amounts owed by the Creator to any Buyer. Hotmart may deduct such amounts from existing or future credits in the Creator's and the Co-producer’s account.

5.12. Trial Period feature: Creators may offer a trial period for their Product. This period is a non-binding test period in which the product can be used free of charge by the Buyer. It may vary from 1 (one) to thirty (30) days, as defined by the Creator. The Trial period is intended to allow new Buyers to try the Product. The Creators shall determine the eligibility for the Trial period, its use, and duration at their discretion. Creators may limit eligibility to prevent abuse of the Trial period, provided that it complies with these Terms. Creators must charge the Buyer for the Product at the end of the Trial period set by the Creator unless the Buyer cancels the purchase before the period ends.

5.12.1. On Subscription Products, Creators may opt for the Free Trial or the Test-drive feature, at their sole discretion. The difference between these modalities is that the Buyer is charged for the time used during the Test-drive period if they choose to continue the subscription, which does not occur in the Free Trial feature.

6. MAIN RULES OF THE AFFILIATE PROGRAM

6.1. Affiliate Program: Hotmart's Affiliate Program allows Affiliates to sell a Product for a fee equivalent to a percentage of the value of each sale the Affiliate promotes. The Creator decides whether to participate in the Affiliate Program.

6.1.1. Responsibility for the Affiliates: Creators and the Co-producer, in cases of coproduction in the Business Partnership model, are fully responsibility for their Affiliates’ actions while promoting the sales of their Product. If an Affiliate engages in inappropriate behavior, or performs any actions or omissions contrary to these Terms or Hotmart's Policies, Hotmart may apply any of the penalties set forth in Section 10 of these Terms against the Affiliate, the Creator, its Product, or all, separately or cumulatively. The following examples, among others, are considered improper conduct by Affiliates: (a) changing the sales narrative of the Product; (b) providing false, incomplete, or inaccurate information about any of the Product’s features; (c) engaging in spamming or any practice that Hotmart deems harmful to the affiliate market or the Affiliate Program.

6.1.2. Prohibited Creator Practices: Any form of compensation must be transferred to Affiliates exclusively through the Platform. The Creator may not create other mechanisms for the payment of commissions, compensation, bonus, direct payment or remuneration for any purpose, outside the Platform. Also, Creators cannot request as a requirement for the accepting or keeping Affiliates that they (a) achieve goals, (b) previously purchase any Product; or (c) pay any amount to the Creator.

6.1.3. Communication: The Creator must inform the Affiliate or its network of Affiliates, at least 3, 30, 60, or 90 days beforehand, according to its choice, about all of the conditions for affiliation and any changes it makes to the rules applicable to the affiliation, such as its discontinuation or changes in commission percentages, unless it is demonstrated that the Affiliate has not complied with the rules previously established.

6.2. Affiliation Rules: When joining the Affiliate Program, the Creator must comply with the provisions set forth in these Terms. The following provisions are under the exclusive responsibility of the Creator: (a) determining the percentage due to the Affiliate for the sale of each Product; (b) establishing the criteria for participation in the Affiliate Program for their Products; (c) accepting or declining registered applicants in accordance with previously established criteria; (d) determining the forms and limitations of Product promotion; and (d) managing their Affiliate network. Hotmart reserves the right to limit the number of Affiliates of a given Product or Creator, as well as the right to add duties and obligations to Creators and Affiliates in addition to those set forth in these Terms, at any time, with or without notice. In the event of conflict between the rules established by the Creators and the conditions of these Terms, the latter shall always prevail.

6.3. Affiliation Process: Affiliates must submit an affiliation application to a specific Product. Creators may accept it or reject it based on their previously defined criteria, except in cases where the affiliation is not conditional on prior approval. By submitting their application, the Affiliate agrees to all the rules established by the Creator, including with regard to values and commission rules related to the sale of the Product, which are determined exclusively by the Creator, without the participation of a Co-producer(s) or of Hotmart. Affiliates shall take into account all general and specific conditions from Hotmart and the Creator before deciding whether to engage in the promotion of a given Product.

6.4. Affiliate Status: Affiliation to a Product does not establish any relationship between the Affiliate and Hotmart other than that of User. Affiliates cannot perform any action or omission that directly or indirectly identifies them with Hotmart, or that may suggest a link of any other nature with Hotmart, whether through the improper use of Hotmart's trademark or any other intellectual property, whether through the description of positions or professional relationship, or by any other means. For example, Affiliates cannot create social media profiles, either personal or professional, presenting themselves as a "Hotmart salesperson" or "Hotmart agent".

6.5. Promotion and Sale of Products: Affiliates are responsible for announcing, to the audience for which the Product is advertised, all the characteristics of the Product and the sale conditions defined by the Creator on the Platform. Affiliates assume joint liability with the Creator for full compliance with the sale conditions.

6.6. Sub-Affiliation or Multi-Level Marketing: Affiliates cannot create or practice, directly or indirectly, any form of resale or sub-affiliation, multi-level marketing, or similar processes.

7. BUYERS` PURCHASING EXPERIENCE

7.1. Responsibility for the Buyer’s Experience: Hotmart believes that learning and teaching are activities that can and should be accessible to everyone. Therefore, Hotmart Services can be used by any Creator individually or together with another Co-producer. Hotmart also values people's autonomy, believing that its Users should have the power to decide what Products they want to consume. Therefore, Hotmart is not obliged to make prior control (editorial or of any other nature) or curatorship of the Products. Hotmart may check the registration of the Products, but is not able to determine whether the Products comply with all legal determinations, whether they are adequate for the purposes for which they are proposed, nor is it able to determine the truthfulness, accuracy and completeness of the information provided by the Creators and Co-producers. When purchasing any Product, the Buyer shall verify the suitability of the Product and the Creator and Co-producer for the purposes sought at the time of purchase, as well as the accuracy of other information and characteristics provided in relation to the Product. Furthermore, Buyers voluntarily assume all risks associated with the purchase of the Product. This includes the risk of being exposed to a subject or merchandise that they consider offensive, indecent or objectionable, or that the content of the Product may result in harmful or adverse effects, either physical or mental, for which Buyers assume full responsibility.

7.2. Due Diligence regarding the information provided: Buyers are fully responsible for all the information they provide and the statements they make to the Creators, or to any other person, when using the Platform, due to the purchase or as a result of the use of any Product.

8. HOTMART`S COMMISSION

8.1. Creator Fees: The use of, by the Creator and by the Co-producer in the “Business Partner” model, the features made available by the Platform is subject to the payment of License and Service Fees, which are charged at the time of the sale of each Product, When the transaction is approved, a fee is deducted from the final amount charged by the Creator and/or the Co-producer to each Buyer. These fees, their respective payment methods, invoicing and type of payment are established in the General Payment Policy, and may be changed at any time, at Hotmart's discretion, upon prior notice.

8.2. Affiliate and Buyer Fees: Buyers and Affiliates can access and use Hotmart services free of charge. The Affiliates provide services exclusively to the Creators and Co-producers, when applicable. However, Hotmart may charge amounts resulting from financial operations performed by these Users, such as the accountable advances requested by an Affiliate, or installment plan or use of different payment methods by the Buyer, as established in the General Payment Policy.

9. LIMITATION ON HOTMART`S LIABILITY

9.1. Limitation on Hotmart's Liability: We remind you that when using the Platform as a Creator, Co-producer, Affiliate or Buyer, you are hiring the services provided by Hotmart. Hotmart does not create, design, control, endorse, sell or supply any Products to you. The Creators and Co-producers are responsible for the Product and its information. By accepting these Terms and using the Platform you do so voluntarily, at your own risk. Therefore, except for the cases of liability determined by law, Hotmart is not liable for damages of any nature resulting from the access or use of the Platform, whether direct or indirect property or non-monetary damages, actual losses or lost profits. Hotmart is not liable, by way of example and not exhaustive, for: (a) damages resulting from the unsuitability of the Products to the purposes for which they are intended; (b) damages resulting from defects or defects in quality or quantity of the Products; (c) damages resulting from risks related to the use of the Product, including potential harmfulness or hazards; (d) complaints resulting from dissatisfaction due to the low quality of the Products; (e) damages resulting from error, incompleteness, untruth or inadequacy of the information provided in the advertising of the Product through features made available by the Platform; (f) damages related to the time and form of delivery, exchanges, returns and/or loss of Products; (g) damages resulting from User failure to comply with their legal or contractual duties towards other Users; (h) damages resulting from error, incompleteness, untruth or inadequacy of information provided during the processing of payment transactions; (i) damages resulting from the Third-party Services; (j) damages resulting from third-party services in the processing of currency conversions and withdrawals; (k) damages resulting from the improper use of the Platform by third parties or Users, whether Creators, Co-producers, Affiliates or Buyers, in any capacity, especially in case of advertising of Products previously acquired on other platforms; (l) damages resulting from the materials, information or contents published on third-party websites, nor for the availability of these websites, it being the User's responsibility to use their own discernment, precaution and common sense when accessing third-party websites, and shall check the respective privacy policies and the applicable terms of use; (m) damages resulting from technical difficulties or failures in systems, servers or the Internet; (n) damages resulting from virus attacks on the User's equipment that occur during the use of the Platform, or as a consequence of the transfer of data, files, images, texts or audio; or (o) damages arising from the unauthorized provision of Products, in whole or in part, on the Platform or on other web pages and applications, by Users or third parties, due to piracy activities, such as, but not limited to copying, improper downloading, modification, reproduction, distribution, storage, transmission, sale, resale, and reverse engineering of content.

9.2. Exclusion of Hotmart as a Defendant in Eventual Lawsuits: By accepting these Terms, you hereby agree to exclude Hotmart as a defendant in any claim or lawsuit, judicial or extrajudicial, that (i) you initiate against other Users or third parties and/or (ii) you receive from other Users or third parties, regarding the use of the Platform and/or related to your Products. This exclusion also applies in favor of Hotmart's partners, its controllers, its controlled or affiliated companies, its directors, officers, employees, agents, representatives and attorneys-in-fact.

10. VIOLATIONS TO HOTMART TERMS AND POLICIES

10.1. Violations of the Terms: If you fail to observe any condition of these Terms or any Hotmart Policy, in whole or in part, Hotmart may apply different measures, at its sole discretion, exclusive to your situation, in isolation or cumulatively, with or without prior notice, at any time and for such period as it deems appropriate. Among these measures, notwithstanding others not provided in these Terms, Hotmart may apply: (a) a warning; (b) limitation, removal, or termination of access to the Product; (c) removal or reduction of the Product’s visibility in the Hotmart marketplace or skin or any other form of promotion; (d) limitation of access to, suspension or termination of the Affiliate Program; (e) limitation of access to, suspension or termination of any special benefit or category offered by the Platform related to the Creator and Co-producer, their account, or a particular Product; (f) downgrading of User category; (g) limitation, suspension or termination of access to any special Platform feature; (h) removal of the Product page; (i) limitation of access, suspension, blocking or removal of the Product, comment, evaluation, account, or User; or (j) termination of this Agreement.

10.2. Preventive Measures: Hotmart may, at its discretion, take preventive measures to investigate possible violations of the Hotmart Terms or Policies, or if it deems it necessary to protect its own interests or those of third parties. These measures may last as long as necessary for any correction or verification to be made, or until Hotmart decides whether to terminate the Hotmart Services, or to apply other measures. The preventive measures may result in the temporary suspension of Hotmart Services for a certain Product or User. In such case, during the entire suspension period, Hotmart may change or remove total or partial access to certain features from the User's account, such as: (a) Hotmart may suspend the remittance of transacted amounts originated from sales made through the Platform, or prevent the User from making any withdrawal of amounts from their account, according to Hotmart's Payment Policy; or (b) Hotmart may prevent the User from changing their registration information, banking details and the Products registered. Hotmart may also cancel sales links and active offers in case of suspension of Hotmart Services. In such cases, the User is not entitled to compensation for any property or non-monetary damages, resulting from the preventive measures applied by Hotmart.

10.3. Other Judicial or Extrajudicial Measures: Hotmart may adopt any other measures, judicial or extrajudicial, that it deems appropriate, on its own behalf, on behalf of the Users, or through legitimate third parties, notwithstanding the adoption, individually or cumulatively, of the others mentioned in the previous items.

11. SUSPENSION OR TERMINATION OF HOTMART SERVICES

11.1. Suspension or Termination of Hotmart Services: Hotmart's values and principles are backed by respect for others and freedom, and we are always committed to fostering entrepreneurship, knowledge, and education so that more people can achieve personal and professional development. Therefore, Hotmart reserves the right to take various actions aimed at protecting the Platform, or our community, upon the justified request of a third party or on our own initiative, or on behalf of the Users. Such actions may include suspending or discontinuing the rendering of Services, terminating the license of use granted to Users, making the Product unavailable, removing it from the Platform, as well as any other actions, provided or not, in Section 10 of these Terms. Hotmart may decide to take these and other measures at any time, with or without notice, in an isolated or cumulative manner. Any decision made by Hotmart in this regard shall occur at its sole discretion, for reasons that may include: (a) noncompliance with these Terms or with Hotmart Policies; (b) the practice of any act that goes against, in any way, Hotmart’s values or principles; (c) any conduct, practiced inside or outside the Platform, that may negatively impact Hotmart, or that may lead the company or its businesses to public discredit, dishonor, scandal or ridicule. The fact that any Product or User has been previously approved during the registration verification process does not prevent Hotmart from taking the measures it deems appropriate, whenever it deems fit. By accepting these Terms, you acknowledge that you are not entitled to any compensation for any property or non-monetary damages if Hotmart takes any action based on the law, these Terms, or Hotmart Policies. This includes the following situations: if you have your registration or any Product refused, if  the access to your account is suspended or terminated, if Hotmart terminates the license granted to you for the use of the Platform, or if you have a Product removed from the Platform or made unavailable.

11.2. Termination without cause: By accepting this Agreement, Hotmart automatically grants you a non-exclusive license to use the Platform for an indefinite period. Therefore, Hotmart may terminate this Agreement and the respective license of use at any time, at its discretion, by sending a notice, 30 days in advance, to the email address you have registered in your account.

11.3. Termination for cause: Hotmart may terminate this Agreement immediately, without notice (a) if you violate these Terms or any conditions of Hotmart's Policies; (b) to prevent fraud; (c) to prevent the occurrence or aggravation of damages to you or third parties; or (d) by reason of strict compliance with legal duty, by judicial decision or determination of a governmental or regulatory agency.

11.3.1. Immediate Termination due to Improper Conduct: Hotmart takes the integrity of the community that uses the Platform very seriously. Therefore, Hotmart may apply any of the measures provided in Section 10 of these Terms, or, if it deems it necessary, may even terminate this Agreement immediately, totally or partially, without prior notice, (a) if you repeatedly receive negative evaluations or comments; (b) if Hotmart becomes aware of repeated complaints about improper conduct; (c) if your Product, or if you, as a Creator or Co-producer, receive a volume of complaints in the service channels, regarding cancellations, exchanges, returns or chargeback requests that Hotmart deems incompatible with the quality expected from Users or Products registered on the Platform; (d) if you, as a Creator or Affiliate, fail to provide support to Buyers; (e) if you refuse to correct, include or delete relevant information about the Product or about yourself on the Platform; (f) if the rates of chargebacks, complaints and disputes regarding payment transactions on your account reach or exceed the benchmarks adopted by the major card companies and the other participants of payment arrangements, the percentage limit used by the market and by Hotmart is 0.9% (point nine percent), by region and not by overall average. Hotmart may also refuse to market products belonging to niches that historically have high rates of chargebacks, complaints and disputes, as well as terminate the contract permanently if there’s insistence and recurrence in the marketing of these products; (g) if you provide incomplete, outdated, incorrect, fraudulent or inaccurate information during your registration process, regarding the Product, or to receive service from Hotmart; and (h) if you do something harmful or damaging to Hotmart, and Hotmart understands that the termination of the Contract is a necessary measure, on reasonable grounds, to protect the health, safety, reputation, honor and rights of Hotmart, its employees, investors, partners, administrators, its Users or third parties affected by your actions or omission.

11.4. Effects of Termination: If Hotmart terminates this Agreement, interrupting the provision of Hotmart Services, in any modality and for any reason, you must observe the following conditions:

11.4.1. Access to Hotmart Account: If this Agreement is terminated, you will not be entitled to restore your account on the Platform nor maintain your Products on the Platform. You also will not be allowed to register a new account on the Platform, or access or use the Platform through the account of another User.

11.4.2. Personal Data Provision: Hotmart is not obliged to provide Users with additional data to which they already have access due to the normal use of the Platform, in compliance with the Privacy Policy.

11.4.3. Subscription Products: Hotmart may, at its discretion, and for as long as it sees fit, continue processing payments for subscription Products, which are the Products in which payment is made periodically and successively through debits to the Buyer's credit card invoice. In case of migration of a Product’s Buyers to another payment method or another platform, the Creator and the Co-producer shall provide this migration, within the period granted to him/her, with the data of Users to which they have access when using the Platform. Hotmart will not provide any additional data to those already made available to the Creator and the Co-producer in order for the migration to be made.

11.4.4. Hotmart Account Balance Withdrawal: If there is a balance in the User's account at the time of Contract termination, the amounts shall be transferred to the bank account indicated in the registration within 30 (thirty) days after the transfer request.

11.4.5. Refund to Affected Buyers: If the termination of a Creator's Contract affects Buyers' access to a particular Product, Hotmart is only obliged to refund Buyers up to the limit of the existing balance in the Creator's payment account.

11.4.6. Withholding of Amounts by Hotmart: If Hotmart terminates the Contract, for any reason, with a Creator, Co-producer or Affiliate, Hotmart may withhold an amount from the Creator, Co-producer or Affiliate's balance on the Platform for a period of up to 180 (one hundred and eighty) days as of the last transaction made. Such withholding shall be for the purpose of securing Hotmart's rights of recourse and compensation for any expenses incurred by the Creator, Co-producers or Affiliates. After such period, Hotmart shall release the balance in the Creator, Co-producer or Affiliate's bank account.

11.4.7. User Support after Termination: Creator and Co-producer support and respective access to the account manager, if any, will automatically terminate upon termination of the Agreement. Should the need arise, interested Users should address any remaining questions or problems arising from the termination to Hotmart's customer support service.

11.4.8. Specific Agreements with Hotmart: If this Agreement is terminated, and you have any other specific agreement with Hotmart, this other agreement will also be immediately terminated.

11.5. Survival Clauses: Sections 5, 6, 7, and 9 of these Terms shall survive any termination of this Contract.

12. COMPLAINT MECHANISM AND DISPUTE RESOLUTION

12.1. Complaint Mechanism: Hotmart has 2 (two) channels to report any violation of rights or other problems on the Platform, including infractions to these Terms and Hotmart Policies. There is the Ethics Line and the Help Center. All complaints will be investigated and may result in various consequences to those involved. Therefore, it is very important that these channels be used ethically. If the person is unsure about the details of an infraction, we recommend that they seek legal guidance before sending any notification, in addition to assessing whether there are ways to prove what is being reported.

12.2. Complaints regarding violations of intellectual property rights: If your complaint is about the violation of intellectual property rights, you should follow the guidelines provided by these channels, including sharing information capable of proving the facts reported, in particular: (a) your contact information so that we can communicate with you; (b) information on the content reported, with the details of what happened and the documents demonstrating the facts reported, where possible; and (c) information about the ownership of intellectual property rights that may have been infringed. The complaint must be sent by the person whose intellectual property rights have been violated or by a representative with powers of attorney. Hotmart does not accept complaints sent by third parties. By submitting a complaint, the complainant states to be aware and agrees that Hotmart will share their information with the accused party and that the accused party may contact the complainant to clarify the facts and settle the matter.

12.3. Complaints regarding disclosure of nudity or sexual acts of a private nature: If your complaint is related to the violation of intimacy resulting from the disclosure, without authorization of its participants, of images, videos or other materials containing nudity or sexual acts of a private nature, Hotmart will make this content unavailable, within the scope and technical limits of its service, in a diligent manner, within 10 calendar days from the date of receipt by Hotmart of all information necessary for Hotmart to take such action. To do so, you must indicate precisely: (a) the URL where the material related to the complaint is located; and (b) the means that allow Hotmart to identify the victim in the reported material, as described. You can only report content that involves you, a relative, or any other person of whom you are the legal representative, with proof of the relationship or kinship. Materials that involve other people must be reported by them, their relatives, or guardians.

12.4. Measures to be taken by Hotmart: Any complaint must be submitted containing all the information required in the previous items. Hotmart will not initiate any verification process if there is an absence of any aforementioned information. In cases of complaints involving intellectual property violations, anonymity is not permitted.

12.5. Responsibility of the complainant: The intentional submission of false or misleading reports may lead to the application of any of the measures provided in Section 10 of these Terms, including the definitive blocking of the account, if the complainant is a Platform User, in addition to their responsibility for damages, according to the applicable legislation. We clarify that whistleblowers may be investigated by the competent authorities and that Hotmart will cooperate with the official investigations in this regard. Whistleblowers are fully responsible for any damages caused to the accused party, Hotmart, or third parties due to unfounded complaints, especially in cases where Hotmart, in view of the complaint, and at its sole discretion, blocks in a preventive or definitive manner the sale or access to a Product.

12.6. Complaint Investigation Process: If Hotmart sees that a complaint does not have sufficient grounds or evidence to initiate an internal investigation process, Hotmart may file the complaint and close the process. If Hotmart sees that the investigation of the facts is necessary, provided that the complaint has not been made with indisputable evidence about its origin, Hotmart may forward the complaint to the accused person or to the person responsible for the reported Product, without harm to Hotmart adopting, preventively and in its sole discretion, any of the measures provided in Section 10 of these Terms, individually or cumulatively. If required, the accused party can respond to the complaint within 5 days from its referral by Hotmart. In this case, the accused must submit: (a) contact information; (b) information about the reported content; (c) information on the ownership of intellectual property rights over the reported Product, including the relevant supporting documentation; and (d) declaration of disagreement regarding the reported complaint of intellectual property rights violation, being responsible for any damages caused by the continuity of commercialization or access to the Product in question.

12.6.1. Hotmart may initiate an internal investigation procedure, at any time, whenever it deems it necessary to investigate the reported facts, especially in the face of (a) complaints where clarification is capable of resolving the potential dispute between Users, (b) facts that are not have been clearly explained, but which bring evidence of irregularities practiced by the accused or (c) of complaints with inconsistencies or indications of bad faith, fraud or willful misconduct on the part of the accused. The results of internal investigations conducted by Hotmart may be shared with the competent authorities, whenever required by law or necessary. If sharing is not required by law, it is solely up to Hotmart to define whether or not to disclose any results of its investigation.

12.7. Hotmart's Evaluation of Complaints: If the complaint is not answered within 10 days, Hotmart may definitively apply any of the measures provided in Section 10 of these Terms, in an isolated or cumulative manner, if deemed appropriate, informing the complainant and communicating the measures to the affected User. Hotmart may also apply any of the measures set forth in Section 10 of these Terms, in an isolated or cumulative manner, if, upon the response of the accused party, it concludes that there has been a violation to the Terms, violation of rights, or other irregularities practiced on the Platform. If Hotmart, by itself or by a third party determined by Hotmart, understands that the issue denounced is reasonably controversial, Hotmart may initiate a dispute settlement procedure between the Users.

12.8. Settlement of Disputes between Users: Hotmart Services are provided to connect Users to each other. Disputes that arise from these relationships must be settled directly between the Users, including those related to Product quality, warranty, and technical aspects. With the purpose of facilitating the dialogue for the settlement of disputes, in addition to the complaint channel, Hotmart offers support services to Users, at no cost, at the Help Center. Once activated, the customer support may contact Users involved in a dispute. You agree that you should apply your best efforts to reply to the support service calls, focusing on solving the problem in the shortest time possible and within the deadlines established by Hotmart. If it is not possible to reach an agreement between Users regarding a dispute, Hotmart may (but is not obliged to) end the dispute by its own decision, based on good faith and equity parameters, considering the rules of these Hotmart Terms and Policies. Hotmart may delegate the solution of any dispute to third parties determined by it, including self-regulation mechanisms. Hotmart's decision regarding the dispute, or whomever it appoints, shall be fully and irrevocably complied with by the Users involved.

13. FINAL PROVISIONS

13.1. Venue: In case of a dispute between a User and Hotmart that is not related to a specific transaction on the Platform, the exclusive venue to litigate such dispute shall be the courts of the city of Amsterdam, the Netherlands. As to any dispute related to a specific transaction on the Platform, the exclusive venue to litigate such dispute depends on the specific Hotmart company that processed the relevant transaction. If the transaction was processed by Brazilian company Launch Pad Tecnologia, Serviços e Pagamentos Ltda, the exclusive venue shall be the courts of the city of Belo Horizonte, Minas Gerais, in Brazil. If the transaction was processed by North American company Launch Pad Payment Services Corp, the exclusive venue shall be the United States District Court for the Southern District of New York, or the Supreme Court of the State of New York, in the city of New York, in the United States of America. If the transaction was processed by Dutch company Hotmart B.V., the exclusive venue shall be the courts of the city of Amsterdam in the Netherlands.

13.2. Questions: Hotmart’s website (www.hotmart.com) is your primary source of consultation regarding these Hotmart Terms and Policies, Hotmart Services, or any program, feature, resource, or overall issues related to the Platform. In it, you can find various free educational material, as well as tips on best practices and guides. No third party has the right or authorization from Hotmart to speak on its behalf, and all practices established or suggested by these people should be considered unofficial. If the information contained on the website cannot answer your questions, please contact our Customer Support team.