Hotpay, Hotmart's exclusive payment system, serves as a facilitator of payment transactions between Creators and Buyers, allowing Creators to focus on what they do best: develop quality products.
After you accept this Policy, Hotmart automatically grants you a non-exclusive license to use Hotpay. The features contained in Hotpay are licensed as-is. They can be modified, replaced or removed at any time without prior notice. If you do not agree with a new version of the Payment Policy, you must stop using your Hotmart account. This Policy and its respective updates take precedence over any proposals, contracts, previous understandings and agreements, verbal or written, that may exist between you and Hotmart.
To make this Policy easier to read, we offer a Glossary on this link, which lists the meaning of the expressions that start with capital letters in the Hotmart Terms, as well as in this or other Hotmart Policies.
A This Policy governs the access to or use of Hotpay for all transactions made on the Hotmart Platform.
1. The company you sign up with to use the Platform may vary depending on your country of residence and the currency your transactions are in. If transactions are carried out in Brazilian Real (BRL) between Users who declare their residence in Brazil, the company you sign up with is Launch Pad Tecnologia, Serviços e Pagamentos Ltda., a Brazilian company, 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 nº 30.150-101. If transactions are carried out in US Dollars (USD), exclusively between Users who declare their residence in the United States of America, the company signed up with is Launch Pad Payment Services Corp, a US company, based at 251 Little Falls Drive., Wilmington, DE, zip code 19808. registration no. 6840958, is responsible for collecting the payment. For all other situations, the company you sign up with is Hotmart BV, a Dutch company, based at Spuistraat 168 C, 1012 VT, Amsterdam, Netherlands, registration KVK CCI nº 60335777.
C 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 Users, according to the rules and procedures determined in this Policy and Hotmart Terms.By offering Hotpay in Brazil, Hotmart acts as a payment institution, subject to applicable laws and regulations. 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; (c) pay Affiliates or Coproducers 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 Coproducers; and (e) 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 advance 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. Hotmart is not responsible for the availability or accuracy 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 and Invoices: Hotmart BR is not responsible for the payment of taxes for which its Users are the taxpayers or taxable persons. It is up to the Users to pay the taxes to which they are taxable, according to the applicable legislation. Tax obligations may vary according to your specific situation. Therefore, we recommend that you research about it and consult with specialized professionals in order to obtain detailed information.
1.5.1 Issuance of invoice: Except transactions operated through Hotmart BV, according to item B of these Terms, the Creator is responsible for the correct issuance of the invoice corresponding to the services provided, referring to the total value of the sale. Creators who use Hotmart BV's services for their transactions authorize this company to perform self-billing on their behalf. For this, the Creator must ensure the accuracy of the information and is aware that the maximum period for correction of invoices issued is 15 calendar days.
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) deduct the compensation owed to Hotmart for the use of its resources; and (d) 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; (b) the expiry of the warranty terms or the exercise of the right of repentance by the Buyer; and the (c) eventual plan of advance contracted by the Creator.
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. Request for refund: If the Buyer performs a transaction and feels harmed regarding the quality of the Product purchased, they may send a complaint through this link, within the periods of guarantee or right of repentance applicable to the respective transaction, observing the applicable legislation. Hotmart must inform the Creator about it, who will have 5 calendar days to reply to the complaint in a justified manner, or to solve the problem. If the Creator does not contact Hotmart within this period, Hotmart may fully reimburse the Buyer the amounts paid, whose amount shall be deducted from the balance of the Creator's payment account. For further information on disputes and refunds, we suggest you check Section 10 of the Hotmart Terms.
3.6. 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 and Creator. Thus, by using Hotpay, you acknowledge that any payment transaction, when made, occurs directly between the Creator 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 to offer its Products to Buyers who use different payment currencies. Creators, 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 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 or Creator’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 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 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 can choose to receive payments for their sales only in local currency, or also in foreign currency. If the Creator chooses to receive payments for their sales in local currency only, the amount to be received by the Creator 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 also chooses to receive for their sales in foreign currency, Hotmart must credit the Creator's account with the amount in foreign currency corresponding to the conversion of the price of each sale the Creator makes 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 balance of the payment account for purchases on the Platform, and therefore, the Creator 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 Fee: The use of Hotpay’s features by Creators 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. These fees are charged cumulatively, according to the amounts below.
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% over 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:
|Offer’s Currency||Maximum Transaction Amount||License Fee||Service Fee|
|BRL||BRL 10.00||BRL 1.00||20%|
|USD||USD 15.00||USD 0.10||9,9%|
|EUR||€ 15,00||€ 0,10||9,9%|
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 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 Advance on Receivables, as may be applicable pursuant to Clause 5.6 below, is not part of the basis for the calculation of the Brokerage Fee.
5.6. Advance Fee: In the transactions made exclusively between Users who are domiciled in Brazil, it is possible for Creators to request an advance on receivables, pursuant to Section 9 below. For such purpose, Creators will be charged an advance fee, which may consist of: (a) a fee charged directly by Hotmart, in case the advance takes place by way of 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 entering an Advance on receivables Plan agreement (as defined in Clause 9.2 below) or of the request for an advance by the Creator, as the case may be.
5.7. Management Fee due to Inactivity: Hotmart may, at its sole discretion, charge a monthly management fee for inactive accounts, equivalent to BRL 10.00 or 5% of the balance in the User's payment account, whichever is higher. This fee may be charged to the total balance of the inactive account at the end of each month, and is not charged in cases of accounts with zero or negative balance. For the purposes of this fee, an account is considered inactive if, within a period of more than twelve months, the User: (a) does not make any withdrawals, as long as there is available balance; (b) does not create any Product; or (c) does not release any Hotlinks.
5.8. 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.
5.9. 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 account held by the Creator may be closed on their own initiative, and at any time, subject to the absence of pending issues such as, but not limited to: (a) inconsistencies and irregularities in the registration information provided to Hotmart; (b) questions concerning the suitability of the Creator; (c) outstanding claims; (d) Transactions pending, in process or not yet settled, (v) any payment obligations linked to the Payment Account that are pending, such as, but not limited to, debts to Hotmart or any company within the group.
6.3. Payment Account Usage: The Creator acknowledges and authorizes Hotmart to debit their Payment Account for the Hotmart Fees that apply to Account transactions, as stated in Clause 5 ("Hotpay Fees").
6.4. Contribution of Amounts to the Payment Account: The only way to contribute amounts to the Creator's Payment Account is by carrying out Product sales on the platform.
6.5. Non-transferable Payment Account: The Creator Payment Account is personal and non-transferable and is assigned to a single Creator. The Creator may not permit the use of their Account to any third parties.
6.6. 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 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 HotLlinks.
6.7. Transaction Availability and Settlement Deadlines: Payments credited to the Creator's Payment Account will be available in accordance with the deadlines and conditions described here.
6.8. Withdrawal fee of existing amounts in the Payment Account: The withdrawal of accumulated amounts from sales in the Payment Accounts is subject to (a) the payment of the withdrawal fee, applicable to each withdrawal operation requested by the User; and (b) the withdrawal of a minimum amount for each operation. The User cannot request the withdrawal of accumulated amounts from sales made if their balance is less than the amount necessary for the payment of the withdrawal fee and the withdrawal of the minimum amount. The values of the withdrawal fee and the minimum withdrawal amount are available at this link, and can be modified at any time by Hotmart, with prior notice.
6.9. 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 Clause 12 ("Fraud prevention measures and suspension of payments") of this Term.
6.10. 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.
6.11. 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 registration and Payment Account.
7.1. Additional Features: Hotmart can offer additional features to facilitate payment transactions between Users by means of Hotpay, such as, and among others: (a) the possibility of offering the installment plan price for the Product; (b) the possibility of Users to receive the installment plan price of a certain Product in advance; or, (c) the possibility of Users to anticipate the right to withdraw accumulated amounts in their payment account. The use of these additional features may be subject to the payment of additional fees by the User, which 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 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, Hotmart will not approve the transaction. 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: 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. Advance: When you register a Product on the Hotmart Platform, you will choose, among the options offered by Hotmart, the one that best suits your needs. Payments will be made according to the terms you have hired.
10.2. Requesting the advance: In case you: (a) hire any payment plan established among the options made available by Hotmart that provides for the receipt of payments prior to the term provided for in the rules of the payment arrangement ("Advance on receivables Plan"), or (b) request, after the completion of the transaction, to pay the receivables prior to the respective agreed payment terms, you acknowledge that such fact characterizes the request for the advance related to the applicable transactions. To formalize these operations, you agree to answer eventual inquiries from Hotmart for the validation of the commercial transactions. Hotmart may request the sending of User documents, and may adopt the procedures deemed necessary to register, confirm and formalize the transactions. The User authorizes Hotmart to carry out such procedures.
10.2.1. By hiring an Advance on receivables Plan, you 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 is 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 you.
10.3. Form of advance: The advance may occur through different legal structures, at the sole discretion of Hotmart, such as (a) in the form of prepayment to be made by Hotmart or its partners, or (b) in the form of operations of assignment of receivables to third parties that Hotmart may determine (including investment funds), in the case of transactions in local currency (i.e. in Brazilian Real). The operation of assignment of receivables is a means of enabling the advance on your payments and will not result in any additional obligation or fee to you beyond those already provided for in the Payment Policy in force.
10.4. Advance through the assignment of credit rights: If the transaction is structured as an assignment of credit rights, Hotmart may appoint the third party assignee, at Hotmart's sole discretion, as of the request for the advance by the User (the third party may even consist of an investment fund). Such assignment shall imply in the definitive transfer of ownership of the credit rights to the third party determined by Hotmart, so that such rights shall cease to be part of the User's assets as of the confirmation of the request for advance by the User, which, in the case of the option by contracting an Advance on Receivables Plan, it already occurs at the time of confirmation of the sale transaction. Thus, by requesting the advance, you acknowledge and accept that Hotmart may promote the assignment of receivables arising from your sales of Products via credit card to Hotmart's partner institutions that enable the offer of this advance operation, without Hotmart's co-obligation.
10.4.1. For the assignment of receivables, pursuant to the terms of Clause 10.4 above, the following conditions must be observed:
10.4.1.1. Power of Attorney: The Creator, exclusively for the purposes of the advance operations, as per its request for the advance, hereby irrevocably and irreversibly constitutes Hotmart as its attorney-in-fact to, in the name and on the behalf of the Creator, assign, definitively transfer, and negotiate the terms of said advance transfer with the third party determined by Hotmart, which can also sign any documents on its behalf 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 discharge the payment of the acquisition price for the assignment of receivables with the third party determined by Hotmart.
10.4.1.2. Assignment of Receivables: The operation will necessarily occur by means of 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 the definitive transfer of ownership of the receivables to the third party determined by Hotmart, with the said assigned receivables ceasing to be part of the Creator’s equity or assets.
10.4.1.3. Information provided to the acquirers of the Receivables: When opting for the advance, the User agress to provide all the information that is requested by the assignees of the receivables, whether directly or through Hotmart. This information may involve the User's personal information, information about the commercial transactions performed by the User, and the operations performed by the User on the Platform.
10.4.1.5. Notification: Hotmart hereby acknowledges, for all legal and factual purposes, that if it chooses to offer and advance on receivables to the Creator by way of assignment of the receivables, the latter shall be considered notified pursuant to the terms and for the purposes of article 290 of the Civil Code.
10.4.1.6. Assignment Price: At the moment, the Creator opts for the advance, Hotmart will inform, as provided in Clause 11.2 above, the price of the assignment, 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.
10.4.1.8. Plan Change: When a Creator chooses not to continue with the Advance Plan, he/she must notify Hotmart's call center of such decision, and Hotmart will be responsible for making the change in his/her registration within the timeframe it stipulates.
10.4.1.9. Responsibility for the Assigned Receivables: In the assignment operations herein, the Creator hereby acknowledges and accepts that he/she 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 occurred regarding such receivables, and must reimburse Hotmart and/or the third-party assignee in case of reversal, debit, contestation or cancellation of the assigned receivables, declaring that his/her receivables are free and unencumbered in order to carry out the assignment operations set forth herein.
10.4.1.10. Prohibition of Negotiating Receivables with Third Parties: When requesting the advance (including through the Advance Plan), the User acknowledges and agrees that he/she may no longer negotiate them with third parties in general, being prevented from assigning, selling, or pledge them, a fact that may be reflected in the registration entities by Hotmart. Thus, when requesting the advance, you acknowledge and agree that you 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 performed by the Platform. If you negotiate the assigned receivables, measures may be applied, such as (a) the blocking of the amounts transferred or to be transferred to your payment account, up to the limit of the credit operation entered into by the User; and (b) the blocking of the User from the Platform; and
10.4.1.11. Discontinuity: The assignment operations stipulated herein and referring to certain transactions, may only be discontinued by the Creator in case he/she opts for the replacement or cancellation of the Advance Plan on the same date of the respective transaction, and up to the time to be disclosed by Hotmart, where, in any case, said request for discontinuity will not affect eventual assignments already made.
10.5.1. In order to carry out the assignment of receivables as provided by Clause 11.4 above, it should be observed that Hotmart, acting on its behalf in the form of the mandate granted to it by means of Clause 9.4 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.
10.6. 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 clause, 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 Clause, 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 Clause. The Creator agrees that the assignment of the receivables will be recorded in a registration system, observing that such recording will be operationalized by Hotmart, according to the operational procedures of the registration entity for such registration.
10.7. Termination of the advance: Hotmart reserves the right to cease offering the advance services at any time.
11.1. Withdrawal deadlines: Creators 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 agrees 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 and Affiliates. Disputes made out of sheer liberality do not oblige Hotmart in future cases.
11.2. Withdrawal Fee and Minimum Amount: The minimum requirements for withdrawing existing amounts from Payment accounts are mentioned in Clause 6 ("Payment Account for transactions in BRL reais between Users with a declared residence in Brazil") of this Policy.
11.3. Payments made after the User's change of residence: Payments made after the User's change of domicile: 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 and inform the bank account held in the new country of domicile. 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.
12.2. Suspected fraud: All payment transactions made by means of Hotpay are checked by the risk management mechanisms integrated to the Platform, and may be refused whenever Hotmart understands that there are indications of fraud to the payment methods, or infringement of the law, or of Hotmart's Terms.
12.3. Preventive measures regarding payment transactions: Hotmart may refuse to approve a transaction, block withdrawals, or block payment accounts, at any time, even after confirmation of a transaction’s payment, and regardless of whether or not a dispute has been opened by Users, in the following cases, notwithstanding others: (a) if Hotmart understands that there are indications that the User, the Product or the transaction is in disagreement with the Hotmart Terms; (b) if Hotmart finds that the information regarding the transaction is incomplete, untrue or inaccurate; (c) if the Creator does not provide adequate information when requested by Hotmart; (d) if Hotmart finds that the transaction exposes Users or Hotmart itself to excessive risk due to the characteristics of the transaction, the Product, the volumes or the delivery times; (e) if Hotmart observes that the adoption of any of these measures is necessary to protect the security of Hotmart itself, or of its employees, collaborators, representatives, agents or partners; (f) if Hotmart is included in any judicial or administrative proceeding regarding a payment transaction, and the User does not take the necessary measures to exclude Hotmart from the respective proceeding, exempting it from any liability, as described in Hotmart's Terms and in this Policy; (g) if Hotmart becomes aware that the User has failed to comply with an order from public authorities; (h) in compliance with any legal requirement, judicial decision or determination by a competent public authority addressed to Hotmart; (i) if Hotmart verifies the existence of amounts that are overdue and unpaid by the User.
12.4. Blocked withdrawals or payment accounts at Hotmart: In any of the cases provided for in the previous paragraph, if you do not remedy the information regarding the transactions, do not provide satisfactory clarifications, or do not offer the necessary guarantees required by Hotmart, it may definitely refuse to approve the payment transaction, refuse a specific withdrawal request, block any withdrawal, or even block your payment account on the Platform. Hotmart shall use its best efforts to cancel the corresponding payments or transactions, as well as reverse the respective amounts to the Buyers, notwithstanding the extinction of Hotmart Services, and the application of other applicable measures according to the Hotmart Terms.