GENERAL TERMS AND CONDITIONS OF USE OF THE PLATFORM AND ITS SERVICES

The PLATFORM is a service offered through the website www.winpulse.net, owned by Winpulse Network Plataforma de Serviços Ltda, here in after called WINPULSE NETWORK, which aims to create a collaborative and business environment for the USERS of the contact network. Access to the PLATFORM represents the express and unrestricted acceptance of the Terms of Use described below .


The USER expressly declares that he / she is aware of and agrees with the Terms of Use, including the Privacy and Copyright Policies. The use of the PLATFORM in disagreement with the following terms may imply the suspension of access to the account and possible other sanctions, as detailed below.


The official language of these Terms of Use is Portuguese. Any version in another language is a courtesy translation. In case of conflict due to interpretation, the Portuguese version shall prevail.

DEFINITIONS

Whenever the expressions below are used in capital letters in these Terms of Use, they will have the meaning below:

REGISTRATION, LOGIN, PASSWORD AND SECURITY

The services offered by PLATFORMA WINPULSE NETWORK can only be hired by a person qualified to practice all acts of civil life (over 18 years old, or regularly emancipated).

When using the PLATFORM, the USER declares to be over 18 years old or to be regularly emancipated to perform the required civil acts.

To use the PLATFORM, the USER undertakes to fill in properly and with correct information the data requested by WINPULSE NETWORK on the website's registration page.

WINPULSE NETWORK reserves the right not to approve or suspend the registration of the USER, if there is any indication that the USER will use the PLATFORM in violation of these Terms of Use.

WINPULSE NETWORK may use any valid means of identifying USERS and may also request additional data at any time to complement those already provided. If the USER sends incorrect or incomplete information, registration on the PLATFORM may be suspended.

The USER will be solely responsible for his / her login and password and will be responsible for all acts performed with them. Therefore, it is the duty of the USER to ensure the protection and confidentiality of his / her password. WINPULSE NETWORK will not be responsible for any loss resulting from the misuse of the USER password by third parties.

The USER agrees that the data provided to the PLATFORM may be delivered to the PROPRIETARY, ACQUIRER, VISUALIZER or PARTICIPANT in the event of: breach of these Terms of Use that could cause damage to other PLATFORM USERS or to third parties; suspected fraud; dispute; complaint regarding the product sold or any indication of wrongdoing committed by the USER, when necessary for the fulfillment of contractual obligations signed between the parties, in case of legitimate interest and to comply with applicable legislation, especially of a fiscal and tax nature, as detailed in the Policy of Privacy.

The USER is responsible for the veracity and assertiveness of the registered data, responding for developments resulting from the incorrect data and information provided at the time of registration. Thus, it is essential that the USER keeps his / her registration updated.

RULES FOR PERSONAL PAGE MANAGEMENT AND PERSONAL DATA DISCLOSURE

When registering on the PLATFORM, the USER will have a personal page, with minimum information such as name, username, and email. The USER may also, at his / her discretion, complement his / her page with other information he / she deems relevant, such as photo, professional identity, social networks, professional information, WhatsApp, and others, through the "Profile" menu

The USER is aware that:

RULES FOR THE INCLUSION OF INITIATIVES IN THE PLATFORM BY PROPRIETARY

By including an INITIATIVE in the PLATFORM, the USER is aware that:

RULES FOR ACCESSING INITIATIVES, PURCHASING CONTENT AND RELATIONSHIP WITH THE PROPRIETARY OF AN INITIATIVE

When accessing an INITIATIVE or purchasing a CONTENT, the USER is aware that:

RULES FOR THE INCLUSION AND PARTICIPATION OF CAMPAIGNS IN THE PLATFORM

When creating or participating in a CAMPAIGN through the PLATFORM the USER will be aware that:

When participating in a CAMPAIGN the PARTICIPANT will be aware of being accepting the criteria established by the PROPRIETARY through his / her publicity material, agreement, or legal instrument. If the CAMPAIGN does not have the sole purpose of donating, it must still provide minimal information to the PROPRIETARY, as a way of establishing communication between the parties, proving their participation in the CAMPAIGN, and receiving the respective rewards, goods or services;

The PARTICIPANT and the PROPRIETARY declare themselves aware that when payment is made for participation in the CAMPAIGN, they may incur processing and currency conversion costs (in the case of international transactions), according to the type of payment or transfer established by the PROPRIETARY;

It will be the responsibility of the PROPRIETARY to inform its PARTICIPANTS periodically as to the progress of the respective INITIATIVES or STARTUPS, as well as to maintain a contact channel while the obligations established in the agreement or legal instrument are valid;

The PROPRIETARY and PARTICIPANT of a CAMPAIGN declare themselves aware that they will be subject to the regulatory requirements and the taxation of the amounts collected, according to the legislation of their country, region, or tax domicile

WINPULSE NETWORK recommends consulting qualified professionals for guidance in conducting a CAMPAIGN and cannot be held responsible for any failure to comply with tax or regulatory requirements at the PROPRIETARY or PARTICIPANT's tax domicile.

USERS declare themselves aware that the relationship between the PROPRIETARY and the PARTICIPANT will be governed by the legal agreement or instrument established between the parties and will not have any link with the PLATFORM. WINPULSE NETWORK will not be responsible for any failure or breach of agreement between a CAMPAIGN PROPRIETARY and its PARTICIPANTS;

The PARTICIPANT declares itself responsible for evaluating the PROPRIETARY's credentials, their references, and the ability to deliver the products and / or services established in the CAMPAIGN through an agreement or legal instrument;

The PARTICIPANT declares to be aware of the terms established by the PROPRIETARY in the agreement or legal instrument, as well as of the risks associated with the development of an INITIATIVE or leverage of a STARTUP, including the loss of all resources contributed to the CAMPAIGN;

USERS declare themselves aware and agree that any payment or bank transfer must be made for the benefit of the PROPRIETARY, in the account of their PROPRIETARIEShip. When participating in a CAMPAIGN the PARTICIPANT is responsible for evaluating and making sure that the payment is being made in an account owned by the PROPRIETARY. WINPULSE NETWORK will not make a prior assessment of the modalities offered by the PROPRIETARY and will not be responsible for any inconsistencies presented;

THE PROPRIETARY and PARTICIPANTS declare that they are responsible for their choices of associated risks, and WINPULSE NETWORK does not have any responsibility, intermediation, or reparation for a PROPRIETARY'S CAMPAIGN.

WINPULSE NETWORK will not make a prior assessment of the CAMPAIGN material, nor will it validate the agreement or legal instrument presented by a PROPRIETARY in a CAMPAIGN. Nevertheless, it reserves the right to ban the PROPRIETARY who is proven to act in bad faith, causing damage to the participants or in disagreement with the Terms of Use;

WINPULSE NETWORK may, at its discretion, promote the CAMPAIGNS in progress on the PLATFORM, using the PLATFORM's own disclosure channels or external disclosure channels;

CAMPAIGNS may also be promoted by their PROPRIETARIES or other USERS through advertising on social media or other advertising.

SPACE FOR DISCLOSURE AND ADVERTISING

The USER declares to be aware and agrees that;

PROHIBITED THEMES AND CONTENTS

It is strictly forbidden to use the PLATFORM to promote CONTENT, INITIATIVES or CAMPAIGNS related to:

GENERAL USER GUIDELINES

Without prejudice to other rules provided for in these Terms of Use, the USER undertakes not to:

WINPULSE NETWORK reserves the right to temporarily or permanently ban USERS who use the PLATFORM in violation of these guidelines.

WINPULSE NETWORK will not be responsible for insufficient, inadequate, or bad faith information provided by the USER, as well as for inadequate or insufficient legal agreements or instruments made between a PROPRIETARY, VISUALIZER, PARTICIPANT and / or ACQUIRER.

PAYMENTS MANAGEMENT

The payment management tools contained in the PLATFORM aim to facilitate transactions between USERS, between USERS and the PLATFORM, allow payment in different currencies, in addition to providing security and efficiency to the processes.

When registering on the PLATFORM, the USER is aware of and agrees with the payment methods promoted by WINPULSE NETWORK, as shown below. Through the PLATFORM the following types of payments are possible:

The USER declares itself to be aware that:

SERVICE PACKAGES AND FEES FOR THE USE OF THE PLATFORM

When using the PLATFORM, the USER declares himself / herself aware of the conditions, applicable fees, and available service packages, as follows:

REFUNDS OF FEES

When using the PLATFORM, the USER declares to be aware of the rates refund rules, as follows:

RULES FOR PAYMENT OF ACCUMULATED AMOUNTS

For the payment of the accumulated values to the PROPRIETARIES who made the sale using PayPal credentials and intermediation by WINPULSE NETWORK, the USER declares that he / she is aware that:

COPYRIGHT

The information contained in the PLATFORM, as well as the brands, business name, domain name, programs, databases, networks and files are owned by WINPULSE NETWORK and are protected by international intellectual property laws and treaties, and copying is absolutely prohibited the copy, distribution, use or publication, in whole or in part, of any material, part of the website and the CONTENT offered therein without prior and express authorization.

COMPLAINT MECHANISMS AND DISPUTE RESOLUTION

Bearing in mind that the WINPULSE NETWORK PLATFORM is not the creator of the INITIATIVES produced and published by the PROPRIETARY and that there is no prior editorial control of the respective CONTENTS, WINPULSE NETWORK, under the terms of the applicable legislation, is not responsible for the disclosed CONTENT.

Despite this, WINPULSE NETWORK offers mechanisms so that USERS can make complaints reporting inappropriate CONTENT, PROPRIETARY activity in disagreement with the criteria established in the PLATFORM, or who understand that they have had any rights violated, so that they can make complaints and seek to resolve their concerns. disputes, as indicated below.

USERS will be able to report any irregularities found or disputes through the REPORT link, located next to the title of each INITIATIVE, as well as reporting via email report@winpulse.net .

DISPUTES CONCERNING THE QUALITY OF THE CONTENT AND THE EVALUATION OF THE PROPRIETARY

WINPULSE NETWORK recommends that every transaction be carried out with caution and common sense. If you feel injured in relation to the quality of the acquired CONTENT, the ACQUIRER may:

The USER declares that he / she is aware that, if he / she purchases CONTENT that is not paid through the PLATFORM shopping cart, as well as in situations of direct payment for participation in a CAMPAIGN, he / she will not be able to count on PayPal's support for the refund of any value. WINPULSE NETWORK recommends greater caution when making payments in these cases and, in case of any problem, proceed to steps 1, 2 and 4 as detailed above.

DISPUTES CONCERNING BREACH OF INTELLECTUAL PROPERTY RIGHTS

If someone finds that a CONTENT inserted in the PLATFORM violates his / her industrial property rights (brand, patent, industrial designs) or his / her copyright, he / she can notify WINPULSE NETWORK by sending an email to report@winpulse.net, identifying himself / herself and indicating the URL where the CONTENT in question is located, as well as attaching to the form the proof of being the holder of the violated right or its legal representative, via legally appropriate documents to prove its ownership over the CONTENT.

Notifying the WINPULSE NETWORK PLATFORM about a violation of rights is a serious matter with legal consequences. In case of doubt about the infraction, it is recommended to seek legal advice. Before sending a Notice, the USER must always remember that there are exceptions and limitations to the rights of each one. Submitting misleading reports of violations may be punishable by law.

PROPRIETARIES are now aware of the risk of third parties creating INITIATIVES with the same "idea" as those made available through the PLATFORM, considering the wide access view that the Internet provides. However, they declare to recognize that WINPULSE NETWORK cannot prevent this from happening, nor does it have responsibility for this situation, which is completely out of their control, considering that ideas are not protected by applicable legislation and that the setting of plagiarism is something very subjective that may need to be assessed by the Judiciary.

RELATIONSHIP BETWEEN USERS AND WINPULSE NETWORK

Without prejudice to the provisions of these Terms of Use, the relationship between WINPULSE NETWORK and the USERS will be governed by the following:

TAX OBLIGATIONS

Without prejudice to the provisions of these Terms of Use, USERS declare themselves aware and agree that:

PENALTIES

Any conduct contrary to the provisions of these Terms of Use may be punished:

all at the sole discretion of WINPULSE NETWORK, without prejudice to the possible legal actions being taken by WINPULSE NETWORK itself or by third parties.

In cases of CONTENT removal, transactions related to the removed CONTENT carried out prior to the removal may have their respective values blocked if the values were received through the PLATFORM. Upon the removal of the CONTENT from a given account, no new transactions relating to that CONTENT will be processed for that account.

In cases of suspension of access to the USER's account, transactions related to the CONTENT registered by that account may continue to be carried out, however, the USER will not have access to any account functionality, for example: no changes can be made to the registration data, or registered contents, neither can any redemption of amounts accumulated in the respective account be made

If WINPULSE NETWORK suspects or has indications that the USER is using mechanisms to defraud the system, WINPULSE NETWORK reserves the right to immediately suspend access to the account of the USER suspected of fraud and, eventually, to permanently block the account of the user. USER, being certain that the balance of amounts receivable from this USER may be retained by WINPULSE NETWORK, as partial compensation for the damages that it has experienced, or delivered to injured third parties, by court order.

WINPULSE NETWORK, USERS or any injured third parties may take appropriate legal actions because of the offenses or misdemeanors of which they are victims or seek compensation for civil damages for non-compliance with the Terms of Use, without this entailing any right to indemnification by WINPULSE NETWORK to the triggered USER.

PLATFORM DISCLAIMER OF LIABILITY

If one or more USERS or third parties initiates any type of dispute, claim or legal action against another or other USERS, all those involved in the disputes, claims or actions exempt WINPULSE NETWORK and its directors, managers, employees, agents, workers, representatives, and attorneys from any liability

In legal terms, to the extent permitted by law, WINPULSE NETWORK and group companies, is not responsible for direct or indirect financial, material, and moral damages and losses, including loss of profits, as well as physical damage eventually suffered by USERS./p>

The USER agrees to exempt WINPULSE NETWORK from all claims and liabilities arising from:

INDEMNITY

The USER agrees to reimburse WINPULSE NETWORK, its employees, partners, affiliated companies, or subsidiaries for any expenses incurred in lawsuits arising from the USER's actions or omissions that violate these WINPULSE NETWORK Terms of Use or Policies, including attorney's fees.

TERMINATION

WINPULSE NETWORK may terminate, at its sole discretion, any services offered and remove any INITIATIVES published therein. WINPULSE NETWORK may also restrict USERS 'access to any part or all of the services offered by PLATAFORM at any time, with or without just cause or prior notice, and for any reason.

The PROPRIETARY may stop using the PLATFORM at any time and must therefore remove all INITIATIVES as well as be responsible for the delivery and support of any CONTENT that has been sold to an ACQUIRER. The PROPRIETARY declares that he / she is aware that, even if he / she no longer has links with the PLATFORM, he / she will remain responsible for the CONTENT before the ACQUIRER, under the terms of the applicable legislation.

For the USER to terminate his / her links with the PLATFORM, it is enough to delete his / her INITIATIVES and stop using the services provided by WINPULSE NETWORK. If the USER has contracted a service package, it will automatically terminate after the contracted period has ended or, if the USER has opted for a recurring payment at the time of contracting, he / she must disable this option directly in his / her PayPal account.

With these procedures the USER's personal page will no longer be accessible to new USERS, but it will still be accessible to USERS with whom he / she has already established contact.

The USER is aware that WINPULSE NETWORK will not be responsible, under any circumstances, for maintaining or returning the published CONTENT, the account, identification, or password of the USER.

In any case, including termination, WINPULSE NETWORK may, at its sole discretion, retain all or part of the balance in the USER's account, if it considers that such measure is necessary to guarantee the payment, refund due to any liability, obligations, or debt that the USER may have incurred with WINPULSE NETWORK and / or third parties.

SCOPE OF SERVICES

These Terms do not generate any partnership, mandate, partnership, franchise or employment relationship between WINPULSE NETWORK and the USER.

MODIFICATIONS TO THE TERMS OF USE

Whenever there is a change in the WINPULSE NETWORK Terms of Use and Policies, the USER will be notified by email or by posting in a prominent area on the PLATFORM.

It is emphasized that this Terms of Use constitutes the agreement between the parties to which it refers. In this sense, this instrument prevails over all proposals, previous understandings and all agreements, oral and written, possibly existing between the parties. Accordingly, WINPULSE NETWORK reserves the right to change the Terms of Use at any time. After communication regarding the changes to the Terms of Use, according to the procedures mentioned above, if the USER continues to use the PLATFORM it will mean and will be considered as his / her irrevocable and irreversible consent and acceptance. Accordingly, the USER agrees that he / she is responsible for periodically reviewing the website www.winpulse.net to be informed of any changes.

APPLICABLE LAW

These Terms of Use present the rules applicable to the use of the WINPULSE NETWORK PLATFORM available in the domainswww.winpulse.net and winpulse.net.br. The services provided by PLATAFORMA are the responsibility of WINPULSE NETWORK PLATAFORMA DE SERVIÇOS LTDA, a private legal entity, registered with CNPJ / MF under nº 39.694.123 / 0001-05, based in Porto Xavier / RS - Brazil, at Rua Oswaldo Cruz, 596 - Centro - CEP 98.995-000, which is why Brazilian laws will apply with respect to these operations, and any lawsuit related to their interpretation or application must be processed and judged by the Brazilian Judiciary.

FORUM

For operations carried out using the tools provided by WINPULSE NETWORK, the jurisdiction of the District of Porto Alegre / RS - Brazil is elected as the only jurisdiction to settle any disputes regarding the interpretation and compliance with these Terms of Use and Privacy Policy, regardless of another, by more privileged it may be.

DOUBTS

If you have any doubts regarding this document, the USER may contact us by e-mail support@winpulse.net , using the phrase “Terms of Use” in the title of the message

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