TERMS OF USE

Effective as of August 6, 2020.

Welcome to our Terms and Conditions of Use, this is a legal agreement between the User (individual or legal entity) and the company Hotscool Tecnologia Educacional Ltda (HOTSCOOL), a legal entity under private law, registered under CNPJ n 37.982.240/0001-49, located at AV ANTONIO GIL VELOSO, 1818, Loja 01 Edf Ricardo Salles, Praia da Costa, Vila Velha, ES, CEP 29.101-018. They are important and affect your legal rights, so in addition to them, please also carefully read other terms mentioned in this document.

Considering that the HOTSCOOL PLATFORM (hereinafter referred to as "PLATFORM"), offered by Hotscool Tecnologia Educacional Ltda, is an Online Software that serves as an instrument for providing "distance learning management services" to its Users/Clients;

Considering that through the "PLATFORM", Users/Clients will be able to create, market and manage distance learning courses in the modalities known as EAD (Distance Learning) or LMS (Learning Management System) in order to attract Students/End Consumers and provide them with educational services;

HOTSCOOL, through this TERM OF USE AND RESPONSIBILITY, makes public the information regarding the form of use and responsibilities.

INTRODUCTION

Thank you for choosing HOTSCOOL. By signing up or using HOTSCOOL's service, websites and software applications, accessing any content or material that is made available by HOTSCOOL, you are entering into a binding contract with HOTSCOOL.

HOTSCOOL includes social, interactive and technical resources.

Your agreement with us includes these Terms and Conditions of Use ("Terms"). You confirm that you have read and understood the Agreements, that you accept these Agreements and agree to comply with them. If you do not agree to (or cannot comply with) the Agreements, then you may not use the Services or access any Content.

In order to use the HOTSCOOL Service or access the Content, you must (1) be 18 years of age or older, or 13 years of age or older and have the consent of your parent or guardian with respect to the Agreements (except as set forth in the table below), (2) have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws, and (3) be a resident of a country where the Service is available. You also promise that any registration information you submit to HOTSCOOL is true, accurate and complete, and you agree to keep it that way at all times.

From time to time, we may, at our discretion, make changes to the Agreements. When we make material changes to the Agreements, we will provide you with notice appropriate to the circumstances. In some cases, we will inform you in advance, and your continued use of the Service after the changes have been made will constitute acceptance of the changes. So make sure you read any such notice carefully. If you do not wish to continue using the Service, you may terminate the Agreements by contacting HOTSCOOL.

1 - PARTIES INVOLVED

1.1 - The commercial relationship and the exchange of information will be developed through the relationship of the following Parties:

1. a) "HOTSCOOL" - SERVICE PROVIDERS: HOTSCOOL is the company that licenses the "PLATFORM", which, using Online Software, will provide distance learning management services and will henceforth be referred to simply as "HOTSCOOL".
2. b) "EDUCATORS" - USERS OF THE SERVICES: These are the individuals or companies, teachers, lecturers, trainers, administrators/owners/managers of educational material, trainers or the like, responsible for creating, managing and marketing the courses (in distance learning or LMS modalities) who will appear as Users/Clients and will henceforth be referred to simply as "EDUCATORS".
3. c) "STUDENTS" - STUDENTS OF THE COURSES: These are natural or legal persons who will benefit from the courses (in distance learning or LMS modalities) created, managed and marketed by the "USERS" as final consumers of the courses, referred to simply as "STUDENTS".

2 - USE OF THE "PLATFORM"

2.1 - In view of the licensing for distance learning management, it is established that the use of the "PLATFORM" by the "EDUCATORS" and "STUDENTS" will be made solely within the scope of the "PROVISION OF DISTANCE LEARNING MANAGEMENT SERVICES THROUGH ONLINE SOFTWARE IN THE MODALITY software as a service (S.A.A.S.)".

2.2 - "EDUCATORS" and "STUDENTS" will only have access to the "PLATFORM" if they are logged in and identified.

2.2.1 - Your password protects your user account and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by a third party, please inform us immediately and change your password as soon as possible.

2.3 - In order for "EDUCATORS" to be able to create, manage and market courses, they must obtain, upon payment, an active monthly subscription which will give them access to the "PLATFORM" features.

2.4 - In order for "STUDENTS" to have access to the courses created by the "EDUCATORS", they must obtain, through negotiation and/or payment to the "EDUCATORS", an active subscription that will give them access to the "PLATFORM".

2.4.1 - The "EDUCATORS" are the legitimate managers of the "STUDENTS" access to the "PLATFORM" and it is solely up to the "EDUCATORS" to define all the conditions and characteristics of the courses, including their contents, proposals (commercial and educational), prices, payment terms and conditions and the availability of the courses to the "STUDENTS".

2.4.2 "HOTSCOOL" will not have any interference (educational, commercial, labor, strategic, marketing, advertising, etc.) in the relationship between "EDUCATORS" and "STUDENTS", and will be responsible for making the "PLATFORM" available and operational, which will serve as a tool for "EDUCATORS" to create, manage and market courses.

2.5 - In the event that "EDUCATORS" receive instructions on how to use "HOTSCOOL", they must immediately pass on these instructions to their agents, partners, collaborators, teachers and employees in order to make better use of the "PLATFORM".

2.6 - "EDUCATORS" must ensure that their agents, partners, collaborators, teachers and employees have access to and knowledge of these "HOTSCOOL TERMS OF USE AND LIABILITY" and the "HOTSCOOL PRIVACY POLICY" before using the "PLATFORM".

2.7 - HOTSCOOL is exempt from any and all liability deriving from the quality and conditions of the products offered by the EDUCATORS that may be marketed in its virtual environment, this being the responsibility of the Parties that are part of the negotiation for the direct purchase and sale of the products presented by the EDUCATORS.

3 - THE USER'S RIGHT TO ETHICAL, EDUCATIONAL AND LEGAL USE OF THE "PLATFORM"

3.1 - HOTSCOOL may, but has no obligation to, monitor, analyze or edit User Content. In all cases, HOTSCOOL reserves the right to remove or disable access to any User Content for any or no reason, including, but not limited to, User Content that, at HOTSCOOL's sole discretion, violates the Agreements. HOTSCOOL may adopt these measures without prior notification to you or any third party. Removing or disabling access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.

3.2 - You are solely responsible for all User Content. HOTSCOOL is not responsible for User Content nor does it endorse any opinion contained in any User Content. You agree that if anyone makes any claim against HOTSCOOL relating to User Content you post, then to the extent permitted under local law, you will indemnify and hold HOTSCOOL harmless from all damages, losses and expenses of any kind (including reasonable attorneys' fees and costs) on account of such claim.

3.3 - The User who uses any word or figurative mark agrees, declares and guarantees that he/she is authorized to grant all the permissions and licenses provided in the Agreements and to link the Mark that he/she may use in his/her User profile, as well as agrees, declares and guarantees that he/she is authorized to use an artistic name without causing any damage to the image of a third party.

3.4 - "STUDENTS" and "TEACHERS" must, during the relationship they develop between themselves and with "HOTSCOOL", observe the ethical, moral and legal commandments and principles applicable to their conduct individually and jointly.

3.5 - "TEACHERS" and "STUDENTS" may only use the "PLATFORM" if they agree to the "HOTSCOOL PRIVACY POLICY" and the conditions set out in this document (HOTSCOOL TERMS OF USE AND RESPONSIBILITY).

3.6 - The legal, ethical and moral duties that must be obeyed by everyone, "HOTSCOOL", "STUDENTS" and "TEACHERS" include, by way of example, the duty to:

1. a) comply with intellectual property regulations in relation to all content made available on the "PLATFORM";
2. b) mutual respect and civilized treatment between those involved in the provision of services;
3. c) not commit crimes through the "PLATFORM", especially crimes against honor, property and intangible property;
4. d) not harm the rights of third parties.

3.7 - The provision of services and the creation, management and marketing of the courses created must be oriented towards the use of the "PLATFORM" with the main purpose of promoting the provision of education services in the broadest sense. For this reason and in accordance with the values of the entire HOTSCOOL team, the following categories of business and content are not accepted on the "PLATFORM" and are therefore prohibited:

1. a) Betting(lotteries, games of chance and others);
2. b) Content stolen from third parties;
3. c) Content that violates the privacy, honor, image, name or any other right of personality of third parties;
4. d) Content related to pedophilia, prostitution or similar, pornographic material, containing scenes of nudity or sexual acts, or in any way obscene or contrary to morals and good customs;
5. e) Content related to pyramid schemes, multi-level marketing, etc;
6. f) Content that promotes violence and/or discrimination based onrace, sex, religion, nationality, sexual orientation or any other type of issue;
7. g) Content that promises to cure health problems withoutthe backing of an organization recognized as a specialist in the field;
8. h) Content containing music and videos inany format, when these are not expressly authorized by theartist or record label that holds the copyright;
9. i) Content that infringes intellectual rights of third parties, such as products that infringe software, copyrights, patents, trademarks, models and industrial designs, especially products that contain software for OEM, NFR, copies and/or backup files, license, academic programs and/or developed for some educational entity, or industrial secrets;
10. j) Dropshipping;
11. k)Foreign purchase intermediaries;
12. l) Products or services containing pornography, sex and nudity. Any type of content that suggests nudity, partial nudity, pornography, sex, or any content characterized as adult content is prohibited;
13. m) Illegal products or services. Any type of content that suggests violence, discrimination, illegal acts, transgressions, hatred or that generates any discomfort for anyone or any company is prohibited;
14. n) Products or content about firearms, narcotics, intoxicants andany kind of illegal drugs;
15. o) Any product or service that infringes the copyright, trademark or commercial laws of any third party.

3.8 - In the event that "EDUCATORS" use any prohibited content, product or service mentioned in the previous paragraph, the services provided by the "PLATFORM" will be immediately canceled.

3.9 - HOTSCOOL and the licensed Content are the property of HOTSCOOL or HOTSCOOL's licensors. We grant you a limited, non-exclusive, revocable license to use HOTSCOOL. This License shall remain in effect until and unless terminated by you or HOTSCOOL.

4 - INTELLECTUAL PROPERTY AND THIRD-PARTY SOFTWARE

4.1 - "EDUCATORS" may only offer courses:

1. a) that are its creation or legitimate property
2. b) authorized by the owners of their intellectual or industrial property

4.2 - HOTSCOOL's software applications and Content are licensed, not sold, to you, and HOTSCOOL and its licensors retain ownership of all copies of HOTSCOOL's software and Content, even after use on your personal computers, cell phones, tablets and/or other relevant devices ("Devices").

4.3 - All HOTSCOOL trademarks, service marks, trade names, logos, domain names and any other HOTSCOOL brand resources ("HOTSCOOL Brand Resources") are the exclusive property of HOTSCOOL or its licensors.

4.4 - You agree to comply with our guidelines and not to use the HOTSCOOL Service, the Content, or any part thereof in any way that is not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, HOTSCOOL does not grant any right, title or interest to you in the HOTSCOOL Service or Content.

4.5 - If you are using our Services on behalf of a company, that company accepts these terms. It will hold harmless and indemnify HOTSCOOL and its affiliates, officers, agents and employees from any claim, suit or legal action arising out of or related to the use of the Services or the violation of these terms, including any liability or expense resulting from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.

4.6 - The HOTSCOOL Service is integrated with third party applications, websites and services ("Third Party Software") to make content, products and/or services available to you. These Third Party Software may have their own terms and conditions of use and privacy policies, and the use of these Third Party Software will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that HOTSCOOL does not endorse and is not responsible for the behavior, resources or content of any Third Party Software, or for any transaction you may make with the provider of such Third Party Software.

5 - PAYMENT, REFUND AND CANCELLATION

5.1 - "EDUCATORS" will pay a recurring monthly fee by bank slip or credit card in order to maintain access to the HOTSCOOL platform.

5.2 - Failure to access the software and/or use the services provided by the "PLATFORM" will not exempt "EDUCATORS" from paying the monthly fee.

5.3 - Payment will be interrupted when "EDUCATORS" request cancellation of their subscription from the support team at [email protected]. If no cancellation request is received, automatic cancellation will take place after 30 days of default.

5.4 - Failure to pay the monthly fee for the services provided on the "PLATFORM" within 3 days of the due date will result in the suspension of services without prior notice, and the services will only be released upon payment of the overdue monthly fees.

5.5 - "EDUCATORS" have the right to request cancellation and a refund within 7 calendar days of hiring the platform if they are not satisfied with its features. If the payment was made by credit card, the amount will be reversed. If the payment was made by boleto, we will send it via DOC to a current account provided by the "EDUCATORS" within 30 days."

5.6 - "EDUCATORS" may request cancellation of the "PLATFORM" at any time, provided they are in good standing.

6 - ISSUING CERTIFICATES

6.1 - "EDUCATORS" may use the electronic tools available on the "PLATFORM" to issue certificates in electronic form and, to this end, they will choose the information to be included and what will be certified, according to their educational/commercial proposal and their private relationship with the "STUDENTS".

7 - EXEMPTION FROM LIABILITY

7.1 - The opinions and ideas expressed in the courses, discussion forums and comment spaces made available on the "PLATFORM" do not express the opinion of "HOTSCOOL", but only the opinion of the "EDUCATORS" and "STUDENTS" who issue them.

8 - GUARANTEE AND DISCLAIMER

8.1 - HOTSCOOL makes no representations or assurances, endorses, guarantees or assumes responsibility for any third party services (or the content thereof), user content or any other product or service disclosed or offered by a third party on or through the HOTSCOOL service, or any hyperlinked site, or integrated into any banner or other advertisement. You understand and agree that HOTSCOOL is not responsible for any transaction between you and third party providers of applications or products, or services advertised on or through the HOTSCOOL service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information, whether verbal or written, obtained by you from HOTSCOOL shall create any guarantee on behalf of HOTSCOOL in this regard. Some aspects of this section may not apply in some jurisdictions if they are prohibited by applicable law.

8.2 - This does not affect your statutory rights as a consumer.

9 - LIMITATION

9.1 - You agree that, to the maximum extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the HOTSCOOL service is to stop using HOTSCOOL. Although HOTSCOOL accepts no responsibility for third-party services or the content thereof, and although your relationship with such third-party services may be governed by separate agreements with such third parties, to the maximum extent permitted by applicable law, your sole and exclusive remedy with respect to HOTSCOOL for any problems or dissatisfaction with third-party applications or the content thereof is to uninstall and/or stop using such third-party applications.

10 - CONFIDENTIALITY AND SECRECY AGREEMENT

HOTSCOOL undertakes to maintain the confidentiality and secrecy of all content, technical information, designs, layouts, codes, images, videos and other information provided by EDUCATORS.

Under this confidentiality and secrecy agreement, HOTSCOOL undertakes to:

10.1 Not to use confidential information to which they have access for their own exclusive and/or unilateral benefit, now or in the future, or for the use of third parties;

10.2 Do not make any recordings or copies of confidential documentation to which you have access;

10.3 3 Not to appropriate confidential and/or secret material from content or codes that may be used on the platform;

In this Term, the following expressions will be defined as such:

Confidential Information includes, but is not limited to, information relating to operations, processes, plans or intentions, production information, facilities, equipment, trade secrets, factory secrets, data, specialized skills, designs, methods and methodology, flow charts, specializations, components, formulas, products, samples, diagrams, industrial schematic drawings, patents, market opportunities and matters relating to disclosed business of the aforementioned technology.

11 - INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify and hold HOTSCOOL harmless from all damages, losses and expenses of any kind (including reasonable attorneys' fees and costs) arising out of: (1) your violation of this Agreement; (2) any User Content; (3) any activity in which you participate or through the HOTSCOOL Service; and (4) your violation of any law or the rights of a third party.

12 - LAW IN FORCE / JURISDICTION

This Agreement shall be governed by, construed in accordance with and subject to the laws of Brazil, and the User and the Licensor hereby irrevocably and irreversibly elect the jurisdiction of the District of the City of Vitória, State of Espírito Santo, to settle any doubts or controversies arising from this Agreement, to the exclusion of any other, however privileged.

Unless required by mandatory law of another jurisdiction, the Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state or country, regardless of choice or conflicts of law principles.

Thank you for reading our Terms.