Thank you for using Hotmart's services!

Hotmart offers an all-in-one solution for those who wish to create or promote digital products in a simple and easy way, empowering people to live their passions and share their knowledge around the globe. These Terms of Use govern the use of an additional feature offered to Hotmart Users, currently called "WhatsApp Business" ("Feature"). The Feature gives autonomy to creators and allows them to create better strategies to communicate with their audiences at different points in their journey. 

By accessing or using the Feature, you agree to comply with these Terms and to follow the rules set forth in this document. Please read these Terms carefully and thoroughly, as they contain important information about your rights and obligations regarding access to or use of the Feature.

OVERVIEW

A. These Terms of Use for Hotmart's Integration with WhatsApp Business ("Terms") govern the access and/or use of the Feature by all Users and their Collaborators in the territories in which it is available. 

B. By accepting these Terms, you acknowledge and agree to the content of these Terms and with other applicable Hotmart Policies, including the company’s Privacy Policy. Hotmart Policies are an integral part of these Terms and are incorporated into these Terms by reference, even if they are presented in a separate text. In the event of a conflict, the rules in these Terms shall prevail over the terms set forth in other Hotmart Policies, unless there are specific provisions stating that a particular Policy prevails.

C. The Feature is licensed as-is and may be modified, replaced, or made unavailable to Users by Hotmart at any time without notice. Compliance with the conditions set forth in these Terms is essential for the legitimate use of said Feature.

1. PURPOSE OF THESE TERMS: 

1.1 The purpose of these Terms is to regulate and establish the minimum guidelines for access and use of the Feature by Users and their Collaborators. 

1.1.1 The Feature, available to Users who have a Creator account on the Hotmart Platform, grants the right to access the WhatsApp Business features ("Third Party Services") in the Premium and Freemium modes for the purposes of this instrument.

1.2 Hotmart declares that it makes no interference with the Third Party Services offered herein. In this regard, Hotmart has no responsibility in relation to the operation, availability, and possible functions of the Third Party Services and/or the Supplier itself. 

2. DEFINITIONS: 

2.1 Wherever the expressions below are used in these Terms, they shall have the meanings set forth below:

Collaborator: User registered by a Creator to manage the Creator's account without the need to share the Creator's access credentials.

Creator: User who registers a Product in their name and is the exclusive owner of all intellectual property rights related to the Product, or one who is regularly authorized by the owners of such rights to create, advertise and commercialize the Product on the Platform. 

Supplier: in these Terms, refers to the direct supplier of the Feature, namely WhatsApp LLC. 

Feature: in these Terms, refers to the technological solution called "WhatsApp Business". 

Hotmart: Launch Pad Tecnologia, Serviços e Pagamentos Ltda., a private legal entity, registered in the CNPJ/ME under No. 13.427.325/0001-05, headquartered in Belo Horizonte, State of Minas Gerais, at 499 Assis Chateaubriand Av., Bairro Floresta, CEP 30.150-101. 

Hotmart Policies: Collectively, Hotmart Payment Policy, Hotmart Payment Policy for International Transactions, Hotmart’s Responsible Use Policy, Hotmart’s Privacy Policy, and Cookie Policy.

Hotmart Platform: Both the hotmart.com website and its subdomains and any other websites, interfaces, or applications on which Hotmart makes its resources available.

Product: The content in various digital formats (video, audio, text, software, etc.) created by the Creator or licensed to the Creator by third parties and made available on the Hotmart Platform.

Third-party Services: Websites, applications, or resources of third parties made available to Users through the Platform. 

Supplier Terms: These are the WhatsApp Business Solution Terms (currently available at: https://www.whatsapp.com/legal/business-solution-terms), which incorporates, without limitation, the WhatsApp Business Terms of Use (currently available at https://www.whatsapp.com/legal/business-terms/). 

User: Anyone who uses the Feature. 

3. MODALITIES: 

3.1. The Third-Party Services are offered to Users in two modalities: (i) Premium and (ii) Freemium. In the Premium mode, Users will be granted access to (a) automation to send automatic messages to customers, from the User's own number, (b) chat on the checkout page and (c) online chat for direct communication between the User and their customers, upon payment of the Price, subject to the terms of item 4 below. In the Freemium mode, in turn, Users will be granted access to the feature of sending an automatic message for cart abandonment, through a Hotmart number, at no additional cost. 

4. PRICING AND BILLING: 

4.1. The Freemium mode will be available to Users free of charge. The Premium mode, in turn, has prices and payment conditions that will be available at the time of the Feature’s registration and may be offered through packages or single sessions, with plans with different recurrences ("Price"). The Price in the Premium mode is calculated based on the infrastructure cost and the number of conversations started based on the plan purchased by the User. 

4.2. The Price charged for the Feature includes all applicable costs and fees charged by the Supplier ("Supplier Costs"). Hotmart reserves the right to adjust the Feature prices whenever the Supplier Costs change. 

5. ACCEPTANCE OF THE SUPPLIER'S TERMS: 

5.1. By using the Feature, the User declares that they have read and agree to be bound by the WhatsApp Business Solution Terms (currently available at https://www.whatsapp.com/legal/business-solution-terms), which incorporates, without limitation, the WhatsApp Business Terms of Use (currently available at https://www.whatsapp.com/legal/business-terms/) (jointly, "Supplier Terms"). Accordingly, except if expressly provided herein, the Supplier Terms apply, unchanged and in full force and effect, to the User. In the event of any conflict or inconsistency between the provisions of these Terms and the provisions of the Supplier Terms, the provisions of these Terms shall prevail, but only to the extent of such conflict or inconsistency. Capitalized terms that are not defined herein have the meanings outlined in the Supplier Terms.

5.2 By accepting these Terms, you acknowledge and agree that the Supplier may modify the Supplier Terms and/or create additional terms, guidelines, and policies, at any time, and once created, such documents shall be deemed an integral and indispensable part of the Supplier Terms. 

6. ADDITIONAL PROVISIONS: 

6.1 Intellectual Property and Image Rights: All texts, images, music, video, software, documents, and any other media ("Content") that’s transmitted through the Feature, is the sole and exclusive responsibility of the User. The User, therefore, must be the owner of the Content used or hold all rights and permissions necessary to use it. Accordingly, the User grants Hotmart the irrevocable right to use the Content for the execution of this instrument. 

6.2 Changes: These Terms may be amended at any time. Changes made to these Terms will be effective on their published date. Continued use of the Feature confirms the acceptance of these Terms and their subsequent changes. If the User does not agree to the changes made to the Terms, they should stop using the Feature immediately. 

6.3 Data Processing: Hotmart's Privacy Policy governs the treatment of personal data provided by the User to Hotmart during the use and access of the Feature.

6.4 Limitation of Liability: Hotmart shall not be liable for the User's use of the Feature, the Supplier Terms and/or any actions taken under the Supplier Terms. 

6.5 Applicable Law and Jurisdiction: These Terms and the Hotmart Policies are governed by the laws of Brazil, to the exclusion of any other, and the United Nations Convention on Contracts for the International Sale of Goods shall not apply to them. Jurisdiction shall be in the city of Belo Horizonte, Brazil, to the exclusion of any other, however privileged, to settle any disputes regarding these Terms and the Hotmart Policies. 

6.6 Questions: Hotmart's website (https://hotmart.com/en) is your primary source regarding information about these Terms, the Hotmart Policies, the Hotmart Services, the Feature, or any program, function, feature, or general questions related to the Platform. On the company’s official website, you can also find free educational materials as well as tips and guides on best practices. No third party has the right or authorization from Hotmart to speak on its behalf, and all practices shared or suggested by such persons should be considered unofficial. If the information contained on the website is not sufficient to answer your questions, please contact our customer support at this link.