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:

• PLATFORM - Internet platform designed to bring together PROPRIETARIES, VISUALIZERS, PARTICIPANTS and ACQUIRERS, interested in promoting a collaborative business environment, participation in INITIATIVES and CAMPAIGNS, as well as in the purchase and sale of CONTENT through a wide contact network;
• INITIATIVE - initiative created by the PROPRIETAY in which he / she demands the WINPULSE NETWORK aiming at the collaboration or participation of other USERS in Ideas, Projects, Business Opportunities, STARTUPS, Search for Professionals and Solutions, Investor Opportunities or CAMPAIGNS. The INITIATIVE can also be used to promote CONTENT Sales, SOLUTIONS Sales or Professional Services;
• CONTENT - content in several digital formats (video, audio, text, software, etc.), created by the PROPRIETARY or by a third party from whom the PROPRIETARY has received authorization for disclosure and commercial exploitation. A CONTENT may be made available by the PROPRIETARY for sale or be part of a collaboration or participation INITIATIVE;
• SOLUTIONS - Qualified CONTENT aimed at solving problems, improving, or advancing an activity, involves knowledge acquired in any format that can be marketed, the PROPRIETARY being qualified to do so, not violating any legal or prohibited prerogative in this PLATFORM;
• CAMPAIGN - INITIATIVE created by a PROPRIETARY with the purpose of raising funds for a STARTUP, idea, project, or business opportunity;
• USER - anyone who accesses the WINPULSE NETWORK PLATFORM, regardless of whether they have registered;
• PROPRIETARY - creator of an INITIATIVE on the PLATFORM;
• ACQUIRER - USER who purchases or buys CONTENT made available for sale by a PROPRIETARY;
• VISUALIZER - USER who viewed a PROPRIETARY'S INITIATIVE and now has a private channel of communication with him;
• PARTICIPANT - USER who viewed the INITIATIVE of a PROPRIETARY and was accepted for the participatory development of the INITIATIVE or participates in a PROPRIETARY'S CAMPAIGN;
• STARTUP - company in an initial phase that has an innovative business proposal and with great growth potential. In the PLATFORM are also considered as STARTUP the Business Plans, not yet legally constituted as a company, but which aim at this constitution and formalization of the business.

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:

• its personal page will be accessible to all USERS who access his / her INITIATIVES, whether VISUALIZERS, ACQUIRERS or PARTICIPANTS, to PROPRIETARIES whose INITIATIVES were acquired through the payment of an individual rate, as well as to all USERS with whom he / she maintains a channel communication through chat;
• the personal page aims to give credibility to the relationships between USERS, allowing their identification through other means, such as social networks, as well as through the evaluations they receive from other USERS;
• the USER is solely responsible for the information made available on his / her personal page and for its veracity. WINPULSE NETWORK is not responsible for information provided by its USERS;
• the USER can be evaluated by other PLATFORM USERS directly on his / her personal page. If he / she does not want his / her evaluation to be available, may hide the evaluation note. WINPULSE NETWORK cannot interfere in the evaluation provided by a USER;
• the personal page can be edited and modified at any time by the USER.

RULES FOR THE INCLUSION OF INITIATIVES IN THE PLATFORM BY PROPRIETARY

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

• becomes PROPRIETARY and responsible for this INITIATIVE, as well as for all content presented and its legal implications. WINPULSE NETWORK will not be responsible for the CONTENT made available by a PROPRIETARY;
• the included CONTENT in the PLATFORM must be owned by the USER, or must have full rights of disclosure and/or commercial exploitation;
• the INITIATIVE will be subject to evaluation by users who have accessed its CONTENTS;
• the PROPRIETARY agrees that the INITIATIVE shall contain two parts. The first, comprises the title and a summary and will be accessible to any USER, whether or not logged in to the PLATFORM. The second part, comprises the main CONTENT, with additional resources in relation to the first part, and will be accessible by paying the fee or price of the CONTENT when it is intended for sale;
• when creating an INITIATIVE, the PROPRIETARY declares himself / herself aware and agrees that the remuneration of the PLATFORM will take place through the application of individual fee, or through service packages, paid by the USER to have access to the main CONTENT of one or more INITIATIVES;
• for INITIATIVES that are intended for collaborative and participatory development, such as Ideas, Projects, Business Opportunity, Startups, Finding Professionals and Solutions, Campaigns, Investor Demands and Professional Services, the PROPRIETARY may not demand remuneration for the respective CONTENT, except for the individual fee, which will be paid directly to the PROPRIETARY if the PROPRIETARY has a valid service package and has enabled direct receipt through his / her PayPal account. In this case the PROPRIETARY will be responsible for issuing an invoice, if applicable;
• the INITIATIVE intended for the sale of CONTENT, with remuneration to the PROPRIETARY, must be registered on the PLATFORM for this purpose, through the options "Sell Content" or "Sell Solutions". The PROPRIETARY will be responsible for managing their sales, pricing policy, and issuing invoices;
• permissions for the creation of sales INITIATIVES, “Sell Content” or “Sell Solutions”, will be granted upon the purchase of the respective service packages;
• the INITIATIVE must be in line with its purpose of collaborative or participative development, sale of CONTENT or CAMPAIGN, being properly classified according to its purpose. INITIATIVES created for other purposes will not be accepted, using the PLATFORM facilities solely as a means of promotion and / or not adhering to the purpose of each type of INITIATIVE;
• the rules established for the inclusion of an INITIATIVE are also valid for the videos, images, links, and other facilities available in the editor, even if they refer to a channel that is external to the PLATFORM;
• WINPULSE NETWORK reserves the right to block INITIATIVES created in disagreement with the established purposes, as well as to apply other sanctions in case of recurrence in the use of the PLATFORM in disagreement with these purposes;
• the PROPRIETARY of an INITIATIVE may disclose products or services through his / her INITIATIVE, or even accept such disclosures through the participation of other USERS, if they are aligned with the context and purpose of the INITIATIVE;
• the PROPRIETARY is responsible for deleting the INITIATIVE when it is no longer in force or requiring the network of contacts. WINPULSE NETWORK reserves the right to exclude INITIATIVES that are no longer in activity for a period longer than 30 days or that have bad ratings suppressed;
• the INITIATIVE can be accessed by any PLATFORM USER, will be available for research on the internet and can also be published on the PLATFORM or external media. Thus, the respective CONTENT presented does not confer any right of reservation or preservation of the data informed;
• the INITIATIVE may also be disclosed by the PROPRIETARY and other USERS through social networks and / or other means of dissemination;
• it will be up to the PROPRIETARY to limit or protect sensitive and/or relevant information for his / her business or from third parties, or that which may be misused by USERS who have access to this information. WINPULSE NETWORK will not be responsible for any damage caused by information provided by USERS;
• the PROPRIETARY will be responsible for restricting access, downloading, or sharing of certain CONTENT, such as in situations where the CONTENT is available for sale and should be accessed only by the USER who acquired it, in situations in which it must not be copied, edited, or passed on to third parties, or should be shared only with selected USERS. WINPULSE NETWORK will not manage CONTENT access and will not be responsible for any improper access to a PROPRIETARY'S CONTENT;
• for managing and controlling access to the CONTENT made available in an INITIATIVE, WINPULSE NETWORK recommends the use of access links, directing to files stored in the cloud by the PROPRIETARY;
• if the PROPRIETARY comes to use an external cloud storage service, for files made available in his / her INITIATIVES, he / she will be solely responsible for choosing the respective service, costs involved and management. WINPULSE NETWORK will not have any access, will not manage, will not be in solidarity with any costs of this service and will not be responsible for any problem of access or improper access of USERS to the respective files;
• the PROPRIETARY declares he / she is aware that there are CONTENTS which cannot be totally protected from being copied and passed on to third parties, such as forms, contract templates or spreadsheets, not limited to these;
• the PROPRIETARY is responsible for guarding and making available the CONTENT sold, as well as any support to the ACQUIRER for access. WINPULSE NETWORK will not guard the CONTENT and will not be able to make it available through the PROPRIETARY;
• if a given CONTENT is protected by copyright and is illegally marketed or disclosed, it will be up to the PROPRIETARY to identify and prosecute the respective infringers. WINPULSE NETWORK will not be responsible for the inappropriate use and disclosure of a PROPRIETARY'S CONTENT;
• an INITIATIVE intended for the sale of CONTENT may sell or further promote products, services, or CONTENT, if they are related to the main, transforming the INITIATIVE into a small virtual store. The USER declares that he / she is aware that the PROPRIETARY will be solely responsible for the additional items presented, such as forms of payment, clarifications, guarantees and support, with no control or guarantee by WINPULSE NETWORK;
• the sale of a product, service or CONTENT, or any other type of sale through collaborative or participatory development INITIATIVES, or in CAMPAIGNS, will not be allowed;
• WINPULSE NETWORK will not evaluate the CONTENT and the adequacy of prices charged by a PROPRIETARY. Despite this, it reserves the right to block the CONTENTS, and even to ban the PROPRIETARIES who practice an abusive pricing policy or in disagreement with the PLATFORM Terms of Use;
• the PROPRIETARY may be contacted by USERS interested in collaborating with the INITIATIVE or to participate in it. These USERS may offer products, services and / or SOLUTIONS for the demands described by the PROPRIETARY in the INITIATIVE;
• the PROPRIETARY will be solely responsible for selecting the collaborators and PARTICIPANTS for their INITIATIVE, as well as to assessing their credentials, suitability, and veracity of the information. WINPULSE NETWORK will not be responsible for inappropriate choices made by collaborators or PARTICIPANTS;
• the PROPRIETARY is responsible for the legal guarantees of repentance for the CONTENTS made available for sale, being responsible for the reimbursement in the event of the ACQUIRER's withdrawal;
• the PROPRIETARY of a CONTENT made available for sale is responsible for maintaining a communication channel with his / her clients, and must provide e-mail and / or telephone for contact to any support, such as to reimbursement of values and difficulty in accessing the CONTENT;
• the obligations related to the CONTENT sold will be solely of the PROPRIETARY, even if it will exclude its INITIATIVE of sale or no longer is using the PLATFORM;
• WINPULSE NETWORK may, at its discretion, promote the INITIATIVES in progress on the PLATFORM, using the PLATFORM's own disclosure channels or external disclosure channels;
• the PROPRIETARY of an INITIATIVE will be solely responsible for its performance, evaluations, and interaction of the contact network with the respective INITIATIVE. WINPULSE NETWORK does not give any guarantee of performance or result for the demands presented in an INITIATIVE, conversion into sales or participation in CAMPAIGN.

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:

• there are INITIATIVES that are intended for the collaborative or participatory development of the USER, others that are intended for the sale of CONTENT or SOLUTIONS and there are also INITIATIVES aimed at the participation of a CAMPAIGN;
• access to the collaborative, participatory or CAMPAIGN INITIATIVES is subject to individual access rates or according to the USER's service package. This rate will not be refunded;
• the VISUALIZER may offer products and / or services to the PROPRIETARY of an INITIATIVE if it is related to his / her demands in the respective INITIATIVE. The communication must be of a private nature, respecting the PLATFORM Terms of Use;
• the VISUALIZER may request participation in the INITIATIVE of a PROPRIETARY and, if accepted, may add CONTENT to the respective INITIATIVE. The CONTENT included by a PARTICIPANT will be his / her responsibility and the PROPRIETARY will be co-responsible if he / she does not take the appropriate measures when identifying any irregularity. For this purpose, the PROPRIETARY may edit the CONTENT entered by a PARTICIPANT, as well as revoke his / her participation at any time;
• participation in an INITIATIVE does not confer any obligation or right between the parties or any obligation to WINPULSE NETWORK;
• any agreement to be made between a VISUALIZER and / or PARTICIPANT with a PROPRIETARY will be on a private basis and without any knowledge or intermediation from the PLATFORM. In this sense, the responsibility for such agreements and obligations will lie solely with the parties involved;
• the USER is responsible for evaluating the credentials of each PROPRIETARY when participating in an INITIATIVE or purchasing CONTENT. WINPULSE NETWORK will not be responsible for any transaction carried out between a PROPRIETARY and VISUALIZER, PARTICIPANT or ACQUIRER;
• WINPULSE NETWORK makes available and recommends the use of USER assessment tools, assessment of INITIATIVES and consultation of social networks made available by the USER on the platform, as well as any other legal means available to assess the PROPRIETARY's credentials before any transaction involving values and / or exchange of information;
• despite not being responsible for any transaction made between USERS, WINPULSE NETWORK may ban the USER who is proven to act in bad faith and cause damage to other USERS;
• from the contact between the PROPRIETARIES, VISUALIZER and ACQUIRERS or PARTICIPANTS, any commercial relationship will be possible between the parties, without any control or intermediation by the PLATFORM. WINPULSE NETWORK will not be jointly and severally liable for any agreement between the parties;
• viewing or participating in an INITIATIVE does not confer any right of future access to the USER, considering that it can be modified or deleted at any time by the PROPRIETARY or even by the PLATFORM;
• the USER who purchases CONTENT through the “Sell Content” or “Sell Solutions” INITIATIVES must contact the PROPRIETARY for any support or difficulty in accessing the acquired CONTENT;

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:

• the CAMPAIGN is a specific INITIATIVE aimed at raising funds for an Idea, Project, Business Opportunity or STARTUP. This must be registered through the “Campaign” option when creating an INITIATIVE on the PLATFORM;
• the CAMPAIGN may aim to obtain donations or even make it possible to convert the amounts contributed into rewards, goods, or services;
• among the permitted conversions is the advance sale of a product, info-product or service, option to purchase a product, info-product, or service, sharing of the developed CONTENT, among others, if they are clearly established by the PROPRIETARY in the advertising material;
• the sale of participation quotas of the INITIATIVE or STARTUP is not permitted through a CAMPAIGN, as well as purchase options (CALL) or the promise of future sale of participation quotas in the INITIATIVA or STARTUP. It is also prohibited to raise funds as a loan of any kind;
• the CAMPAIGN through the PLATFORM is not intended to raise funds for projects not related to business activity, such as social, partisan, or religious projects, among others;
• the PROPRIETARY of a CAMPAIGN will be responsible for the terms, conditions, timecourse, and other information necessary for the CAMPAIGN. All CAMPAIGN risks and reservations must be informed and will be the responsibility of the PROPRIETARY;
• when creating a CAMPAIGN, the PROPRIETARY establishes the essential conditions for the launch, such as deadlines, goals, value of each quota and objectives. If the CAMPAIGN's objective is not exclusively a donation, the PROPRIETARY must clearly define the rights and guarantees established to the PARTICIPANT by presenting an agreement or legal instrument appropriate to each case, regulating the conversion of the amounts contributed into rewards, goods, or services;
• Fundraising for the CAMPAIGN will take place directly to the account established by the PROPRIETARY. The PROPRIETARY may, at his / her discretion, inform a preferred account for receipts in the country of origin, such as direct bank transfer, and another allowing the receipt of international funds, such as a PayPal payment account, for example. WINPULSE NETWORK will not receive funds, will not make any intermediation of amounts destined to a PROPRIETARY'S CAMPAIGN, nor will it be responsible for any payment or transfer made;
• the amounts paid as a donation to the PROPRIETARY will not be refunded to the PARTICIPANT;
• the amounts paid by converting into rewards, goods, or services, may be refunded according to criteria established in the agreement or legal instrument presented by the PROPRIETARY. To do so, it must establish the criteria for withdrawing from the CAMPAIGN, such as not reaching the minimum collection, for example. The responsibility for any refund will be solely and exclusively of the PROPRIETARY;
• the PROPRIETARY may, at his discretion, create flexible payment mechanisms, as well as the indication of financial players to conduct the process;
• when accessing CAMPAIGN material there will be an individual rate charged to the CAMPAIGN VISUALIZER, or according to service packages contracted by this USER from the PLATFORM. This rate will not be refunded, even if the USER does not participate in the CAMPAIGN;
• the individual access rate will be sent directly to the CAMPAIGN PROPRIETARY, as a donation, if he / she has a valid service package and has enabled direct receipt through his / her PayPal account;
• the PROPRIETARY will be responsible for keeping participants updated on the CAMPAIGN's evolution, keeping information accessible in the INITIATIVE, such as the collection evolution graph;
• the PROPRIETARY will be responsible for ending the CAMPAIGN on the PLATFORM when the established collection deadline is reached, or the established goal is reached. If he / she wishes to extend the collection period or collect above the target, he / she must clearly inform at the INITIATIVE.

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;

• WINPULSE NETWORK may, at its discretion, use dedicated PLATFORM spaces, even if visible at the side or at the end of an INITIATIVE, for information to the USER, promotion of INITIATIVES, as well as for advertising. The PROPRIETARY of an INITIATIVE will not have any right related to the revenue from the advertisement or promotion of any nature in these spaces;
• The PROPRIETARY of an INITIATIVE may earn revenue from the disclosure of products or services in an INITIATIVE, provided that exclusively in his / her dedicated space and edited by him / her or by one or more PARTICIPANTS. The PLATFORM will not require remuneration for the placement of advertising in the respective space of the INITIATIVE, if the respective disclosure is aligned with its purpose, offering products, services or CONTENT that add value to the CONTENT of the INITIATIVE. WINPULSE NETWORK may, at its discretion, block INITIATIVES that are out of character for its purpose and use its space in disagreement with these rules.

PROHIBITED THEMES AND CONTENTS

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

• allusion to firearms, narcotics, toxics, and any type of illegal drugs, as well as any illegal substance;
• products stolen from third parties, or robbed;
• counterfeit or adulterated products;
• mailing lists or personal databases;
• violation of privacy, honor, image, name, or any other personality right of third parties;
• pedophilia, prostitution, or similar, pornographic material, containing scenes of nudity or sexual acts, or in some way obscene or contrary to morals and good customs;
• apology for smoking;
• pyramid schemes, multilevel marketing, or similar schemes whose operation depends, primarily, on financial resources contributed by new participants to remunerate previous participants, in an unsustainable manner, generating losses for the participants who enter last;
• products that promote violence and / or discrimination based on issues of race, sex, religion, nationality, sexual orientation, or any other type;
• products containing music, images, and videos in any formats, when they are not expressly authorized by the copyright holder;
• infringement of third-party intellectual rights, such as products that violate software, copyrights, patents, trademarks, models and industrial designs, especially backup copies and / or files, licenses, academic and / or developed programs for any educational entity, or industrial secrets;
• products affected by any restrictions of any kind regarding their use, exploitation or transfer of domain or possession;
• abusive or disinformation practices, such as not presenting provisions related to the form of acquisition and consumption in the offer and disclosure of a CONTENT, price, support contact, refund rules, cancellation, guarantees, renewal, among other information required by law;
• practices that indicate a high potential for fraud, money laundering and terrorist financing or illegal activities, in view of the applicable rules and recommendations of national and international bodies on the subject;
• disclosure of false information or improper promotion, such as training, performance, capacity, or experience that cannot be proven;
• abusive and / or irregular practices of overvaluing his / her product, omission of relevant information or attempts to obtain undue advantages from any collaborator, PARTICIPANTS or ACQUIRERS;
• any other products or services whose sale, disclosure and / or exploitation is expressly prohibited by the laws in force at the place of the transaction.

It is worth mentioning that, despite not carrying out any editorial control and / or review of the CONTENTS registered on the PLATFORM, WINPULSE NETWORK reserves the right to exclude CONTENTS that violate the applicable legislation, best practices towards consumers or that go against culture company, being certain that the exclusion of such CONTENT does not generate any type of right, damage, or loss to USERS. WINPULSE NETWORK may also, at its discretion, ban USERS who repeat practices that do not comply with these Terms of Use.

GENERAL USER GUIDELINES

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

• COPY, MODIFY, REPRODUCE, DISTRIBUTE, DOWNLOAD, STORE, TRANSMIT, SELL, RESELL, MAKE REVERSE ENGINEERING OR CREATE PRODUCTS DERIVED FROM ANY CONTENT AVAILABLE ON THE WINPULSE NETWORK PLATFORM;
• violate or attempt to violate any PLATFORM security measures, or take advantage of any inconsistencies in the system to gain an advantage for himself / herself or others, or cause harm to WINPULSE NETWORK and / or third parties, especially when accessing or attempting to access any PLATFORM USER account, or even when obtaining and disclosing the PLATFORM USER password;
• submit to the WINPULSE NETWORK PLATFORM any false, inaccurate, or incomplete information;
• manipulating CONTENT prices;
• interfere with transactions carried out between other USERS;
• impersonating another person or organization;
• use SPAM or any other inappropriate, slanderous, or illegal information dissemination or capture practice to promote any CONTENT inserted in the PLATFORM;

The USER is also committed to:

• act respectfully with other USERS and PLATFORM representatives, seeking the collaborative spirit and mutual development, which are characteristics of this network;
• use the tools available on the PLATFORM according to the established purposes in each case, not taking advantage of loopholes or opportunities to use them for other purposes;
• immediately report to the PLATFORM in case of identified failures, errors in the system or processing that could lead to losses of the USER or the PLATFORM. The USER undertakes not to take advantage of any possible error of the system for his / her own benefit and to return, refund or repair possible values wrongly earned.

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:

• . Payment by the ACQUIRES for the acquisition of CONTENTS and SOLUTIONS included in the PLATFORM:
  • Payment via PayPal directly to the PROPRIETARY, through the shopping cart, using his / her PayPal credentials. For this purpose, the PROPRIETARY must enable this option and provide his / her credentials through the PROFILE menu;
  • Alternative payment via PayPal using the shopping cart, being intermediated, and using the payment credentials of WINPULSE NETWORK;
• The payment of fees and service packages by USERS for the use of certain PLATFORM services:
  • Payment via PayPal using the shopping cart;
• The receipt by the PROPRIETARIES of the amounts related to the marketing of their CONTENTS and SOLUTIONS, for payments intermediated by WINPULSE NETWORK:
  • Application of the corresponding discounts on the acquisition of service packages on the PLATFORM;
  • Bank transfer for the benefit of the PROPRIETARY to accounts owned by him / her;
  • Transfers only in Real (BRL);
• Payment by VISUALIZERS directly to the PROPRIETARY for individual access to INITIATIVES:
  • Payment via PayPal directly to the PROPRIETARY, through the shopping cart, using his / her PayPal credentials. For this purpose, the PROPRIETARY must enable this option and provide his / her credentials through the PROFILE menu;
• Payment by PARTICIPANTS of a CAMPAIGN, directly to the PROPRIETARY, the amounts corresponding to the CAMPAIGN's quota:
  • Payment via bank transfer, payment link or any other means provided by the CAMPAIGN PROPRIETARY in their promotional material;
  • Quotas defined by the PROPRIETARY, in local currency and / or in another currency, according to the payment and / or transfer modalities provided;

The USER declares itself to be aware that:

• all prices related to the sale of CONTENT via the shopping cart, fees and service packages are defined in US dollars (USD) and converted daily to Real (BRL) and Euro (EUR), which can be paid in these different currencies through PayPal;
• if the PROPRIETARY does not want significant fluctuations in the local currency for his / her CONTENT, he / she must periodically adjust the respective values in dollar (USD);
• WINPULSE NETWORK recommends CONTENT AND SOLUTIONS PROPRIETARYS to use the option of receiving direct to their PayPal account, using their credentials. Although possible, receipt via PLATFORM credentials is an alternative for cases in which there is a problem in the direct receipt by the PROPRIETARY, such as at the end of a service package, and intended for the use of the balance in the acquisition of services on the PLATFORM;
• for cases in which the reimbursement of amounts to PROPRIETARYS who do not have a checking account in Brazil is necessary, receipt via PLATFORM credentials generates duplicate fees and exchange rate risk, which will be deducted upon payment to the PROPRIETARY;
• the USER is responsible for managing his / her PayPal credentials, through which he / she will receive payments from INITIATIVES directly to his / her account. For this purpose, the USER declares that the credentials presented on the PLATFORM through the “Profile” menu refer to the account of his / her title and that he / she is responsible for maintaining them. WINPULSE NETWORK will not be responsible for evaluating the credentials presented by the USER, for any changes that may happen, including eventual improper access to the USER's account by third parties who had access to their login and password;
• it will be up to the PROPRIETARY to make sure they receive the respective amounts in their PayPal account with each sale made. For this purpose, he / she will receive notification by e-mail and the sale must be confirmed through the “My Sales” menu;
• other forms of payment made available by a PROPRIETARY may occur through the additional sale of product, service or CONTENT related to a sale of CONTENT in an INITIATIVE. This modality will be the total responsibility of the PROPRIETARY, without any control, intermediation, or repair by WINPULSE NETWORK;

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:

• through service packages, PLATFORM grants permissions to the USER to:
  • visualize other USER’S INITIATIVES;
  • participate in INITIATIVES of other USERS;
  • sell CONTENT and SOLUTIONS;
• service packages define the number of permissions available for each option above and the period for which these permissions will remain valid.The contracting of service packages is available through the menu “Packages”, in the Platform Dashboard;
• when contracting a service package, the USER will have the option of automatic renewal, to continue the access permissions with the PLATFORM;
• the permissions to visualize INITIATIVES will not be valid for the CONTENT made available for sale by a PROPRIETARY, under the options “Sell Content” and “Sell Solutions”, for which the price established by the PROPRIETARY will be charged to the ACQUIRER;
• if the USER does not want to subscribe to a service package, he / she can visualize a PROPRIETARY'S INITIATIVE by paying the individual rate, available when accessing the INITIATIVE summary. This access does not entitle the USER to request participation in the INITIATIVE;
• an additional processing fee of 5% will be required on the total value of the sale of CONTENT or SOLUTIONS, if the PROPRIETARY uses the PLATFORM's credentials to receive payments via PayPal. The PROPRIETARY may keep this payment alternative on a provisional basis, such as after the end of a service package, to continue the services and use the sales resources preferably in the acquisition of a new package. If the PROPRIETARY does not use the respective resources within 30 days to purchase a valid package on the PLATFORM, such corresponding INITIATIVES must be excluded;
• an additional processing fee of 5% will be charged on the total value of the sale of CONTENT or SOLUTIONS, if the PROPRIETARY uses the PLATFORM credentials to receive payments via PayPal. After acquiring the sales permissions, the USER can keep this alternative payment without needing a valid package, if and only if he / she set a minimum price of USD 5 for his / her CONTENTS;
• no additional processing fee will be charged over the total amount of the sale of CONTENT or SOLUTIONS if the PROPRIETARY uses his / her own credentials to receive payments via PayPal. In this case the PROPRIETARY must have a valid service package, or the system automatically uses the PLATAFORM credentials, with application of the respective fee;
• a valid service package is a package that is active in the period and whose total sales volume of the PROPRIETARY does not exceed 200 times the amount paid for the package in the same period. If the PROPRIETARY's sales volume exceeds this criterion, 5% will be charged on the amount exceeded as an additional processing fee;
• total sales include sales via shopping cart and additional alternative sales via link, deposit and / or other forms made available by the PROPRIETARY in the respective INITIATIVES;
• when using alternative forms of payment, the PROPRIETARY declares that his / her total sales volume is in accordance with the contracted service package. If there are indications of irregularity, WINPULSE NETWORK may request proof of sales;
• it will not be allowed to include sales of additional product, service or CONTENT in a sales INITIATIVE, as well as alternative forms of payment to USERS if the PROPRIETARY does not have a valid service package;
• WINPULSE NETWORK reserves the right to change the conditions of each service package or other fee at any time, being able to change the prices, the period of validity, as well as the access permissions of each package. It also reserves the right to create new packages and exclude existing ones, as well as to create promotional packages at any time, without prejudice to the contracts in force;

REFUNDS OF FEES

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

• the rate for accessing an INITIATIVE is non-refundable, whether it comes from individual access or belongs to a service package;
• the exception for the refund of access rates to an INITIATIVE is the absence of CONTENT or additional information in relation to the summary of the INITIATIVE. In this case, the USER must report the PLATFORM, with a copy to the PROPRIETARY, forwarding the payment receipt and refund request, which will be subject to evaluation;
• if the refund is approved, the USER will have full return in the case of individually paid access. This refund must be made by the PROPRIETARY, within a maximum period of 7 days, if he / she has been the beneficiary of the payment;
• if the INITIATIVE has been accessed through the permissions of a service package, the USER must report the PLATFORM informing the service package used. The approved refund will be by adding a new permission to the USER;
• service packages may be refunded if the USER is no longer interested in their use. For this purpose, the permits used or the time elapsed will be deducted from the refund, with the largest discount applied as follows:
  • Discount applied = Permissions used (visualization + participation + 3 x sale of CONTENT) x individual access cost of an INITIATIVE
  • OR
  • Discount applied = 2 x package cost x period elapsed from using the package / total period of the package. The minimum discount applied will be 20% on the amount paid for the service package;

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:

• payment can be made from 30 days from the date of sale and must be requested 7 days in advance by sending an email to payment@winpulse.net, stating the name and account for payment. The lines corresponding to the items you wish to pay should be copied from the table provided in the "My Sales" menu, within the Control Panel, on the PLATFORM. Additional information may be requested depending on the nature of the operation;
• only items corresponding to the sale of CONTENT will be paid. Individual rates for access to the PROPRIETARY'S INITIATIVES will not be paid, even if the PROPRIETAY has a valid service package;
• registration and / or transfer of amounts owed to USERS to a third-party bank account through the PLATFORM will not be allowed.
• payment may be withheld in the event of a dispute between the PROPRIETARY and the ACQUIRER;
• the maximum monthly transfer fee for individuals will be BRL 1,900;
• payments received by WINPULSE NETWORK are automatically converted to Real (BRL) at the time of the transaction. Therefore, the balance of any amount that the USER will receive will always be in Reais (BRL) and the effective value of any sale made in another currency will depend on the exchange rate on the day of the transaction;
• the amount to be refunded to the PROPRIETARY will be the net value of the transaction in Real (BRL) on PayPal, less the PLATFORM processing fee.
• the net value of the transaction is the value of the sale made in Reais (BRL), less PayPal's processing costs, which includes currency conversion costs in the event of payment in dollars or euros. This amount is extracted directly from PayPal;
• there will be no additional cost or minimum amount for the PROPRIETARY who requests payment for an account registered in Brazil, informing the PIX key for transferring the amounts in the respective account;
• if it is necessary to refund the PROPRIETARY to an account abroad, all exchange conversion costs, and international shipping costs will be discounted. The minimum transfer fee will be equivalent to USD 200;
• upon payment to the PROPRIETARY of the respective amounts accumulated on the PLATFORM, WINPULSE NETWORK will issue, for the benefit of the same, invoice corresponding to the sales and payment intermediation service through the PLATFORM;
• preferably, the PROPRIETARY must request the use of its available balance for the payment of fees on the PLATFORM, which will be deducted from the payment of contracted service packages.

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:

• send an e-mail to the PROPRIETARY, reporting the problem that occurred within the stipulated warranty period, or within the legal period of repentance (if applicable). The PROPRIETARY must provide a refund or authorize WINPULSE NETWORK to make this refund if payment has been made through the PLATFORM PayPal credentials;
• send an email to the PROPRIETARY after the stipulated warranty period, requesting support for the purchased CONTENT;
• open a dispute in the PayPal Solution Center, within 180 days from the date of purchase. If you are unable to reach an agreement with the PROPRIETARY, it is possible to escalate the dispute to a claim within 20 days of the date the dispute was opened, as per PayPal guidelines, which will decide according to the evidence collected;
• WINPULSE NETWORK must be copied in all these attempts to communicate with the PROPRIETARY, to retain the possible payments that have been received through the PLATFORM, as well as to apply additional sanctions in case the PROPRIETARY's bad faith in giving support and resolve disputes on his / her sold CONTENT;

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:

• The PLATFORM is responsible for keeping the USERS 'registration data, as well as for the data related to transactions under the terms of the applicable legislation;
• USERS will be solely and exclusively responsible for keeping the registration data and information duly updated, reviewing, and updating their data, being responsible for the veracity, legality and adequacy of the documents and information inserted in the system during registration on the PLATFORM. If inconsistencies or outdated data and registration information are identified, WINPULSE NETWORK may proceed with the immediate suspension of the USER's account until it is regularized;
• ) WINPULSE NETWORK will make every effort to maintain the continuity and availability of the PLATFORM. However, for technical reasons that are beyond his / her control, the WINPULSE NETWORK PLATFORM may be unavailable for some period;
• WINPULSE NETWORK is not responsible for (i) any damage, loss or loss to the USER's equipment caused by system, server or internet failures resulting from third party conduct; (ii) for damages resulting from virus attacks on the USER's equipment because of accessing, using or browsing the PLATFORM or as a result of the transfer of data, files, images, text or audio;
• USERS exempt WINPULSE NETWORK from liability for damages incurred due to losses resulting from technical difficulties or failures in systems or the internet;
• WINPULSE NETWORK will not be responsible for errors in the disclosure of CONTENT with the use of the PLATFORM, which may hinder the sale of such CONTENT;
• Fees and means of payment may be changed according to WINPULSE NETWORK's strategy, at its sole discretion, without the need for prior notification to USERS;
• WINPULSE NETWORK is not responsible for the quality of the INITIATIVES, but recommends that the PROPRIETARIES value the quality of the respective CONTENTS offered on the PLATFORM, which will be evaluated by their ACQUIRERS, VISUALIZER and PARTICIPANTS;
• INITIATIVES included in the PLATFORM will only remain available for disclosure if they are in accordance with these Terms of Use. WINPULSE NETWORK reserves the right to remove any CONTENT that does not comply with its rules and policies;
• WINPULSE NETWORK is not responsible for the effective fulfillment of the obligations assumed by the USERS;
• WINPULSE NETWORK is not responsible for any disputes, chargebacks, or purchase / payment blocks of any nature on the part of the ACQUIRER and may deduct at any time from the USER's balance the amounts relating to refunded or blocked transactions, or contested transactions (chargeback);
• The USER is aware that any payment may be made directly to the PROPRIETARY of an INITIATIVE, of a CONTENT or SOLUTIONS made available for sale, and WINPULSE NETWORK is not responsible for blocking, repairing, or taking any responsibility for the amounts paid;
• WINPULSE NETWORK IS NOT RESPONSIBLE FOR THE MISUSE OF THE PLATFORM BY THIRD PARTIES, whether PROPRIETARIES, VISUALIZER, ACQUIRERS or PARTICIPANTS, in whatever capacity, especially in the case of disclosure and / or commercialization of a PROPRIETARY'S CONTENT;
• USERS acknowledge that the PLATFORM may contain links to other sites on the network, which does not mean that these sites are owned or operated by WINPULSE NETWORK;
• WINPULSE NETWORK is not responsible for the materials, information or content published on third party sites, nor for the availability of these sites, it is up to the USER to use its own judgment, precaution and common sense when accessing third party sites, and should check the privacy policies and the applicable terms of use;
• All information provided by the USER to WINPULSE NETWORK is stored and processed in the manner indicated in the Privacy Policy;
• WINPULSE NETWORK will take all possible measures to maintain the confidentiality and security of USERS information, but cannot be held responsible for losses or damages arising from the breach of such measures by third parties using public networks or the Internet for the purpose to subvert the security system and / or have access to USERS confidential information;

• USERS will be fully responsible for complying with applicable laws and regulations regarding the protection of personal data, in particular the General Data Protection Regulation of the European Union (GDPR) and the Brazilian General Data Protection Law, Law No. 13.709 / 18, assuming the obligation to obtain the express and unequivocal consent of its USERS regarding the collection, storage, treatment, and processing of personal data, under the terms of the applicable legislation. Thus, WINPULSE NETWORK will not be held responsible for any failure of its USERS to comply with such rules, reserving the right to suspend and / or cancel the contract with USERS that do not comply with the applicable data protection legislation, as well as retain the balance of amounts receivable from such USERS as partial reimbursement of damages that they have experienced, or delivered to injured third parties, by court order.

  The PROPRIETARIES agree that WINPULSE NETWORK may, at its sole discretion, perform the preventive blocking of the account and the respective values therein, whenever it becomes aware of any indication of an act or conduct that could characterize an illegal practice, especially related to the practice of money laundering, financing of terrorism and crimes, violation of image rights, intellectual and industrial property, violation of the WINPULSE NETWORK PLATFORM Terms of Use and Privacy Policy or that represents an infringement of the rights of USERS or third parties.

  In addition, the PROPRIETARIES agree that WINPULSE NETWORK may also perform, at its sole discretion, the preventive blocking of the account and respective amounts therein, if atypical parameters and indexes of refunds, chargebacks and other indices are identified operational which are the object of analysis by the Risk and Compliance teams, which indicate the need to affect the block to safeguard the rights of USERS, ACQUIRERS and third parties.

  Considering that WINPULSE NETWORK is not responsible for the content generated by the PROPRIETARIES on its PLATFORM, the preventive block will be maintained, as a rule, until (i) it is found that the suspicious act or conduct did not characterize illegal practice, based on criteria and exclusive evaluation of WINPULSE NETWORK; (ii) the parties involved adequately formalize the amicable settlement of the issue; or (iii) by court order or determination by administrative authorities that contains a clear and specific identification of the content or act identified as infringing, allowing its proper identification and adoption of the required measures. If the illegal nature of the conduct remains confirmed, the preventive block will be converted into a definitive one, and the amounts eventually existing in the account will only be released to those entitled and by court order.

  It should be noted that the preventive block mentioned above does not characterize the application of a penalty to USERS, as it is a precautionary measure adopted with the sole objective of seeking to prevent the occurrence of damages, losses, or violations of the rights of USERS and third parties.

  Finally, USERS acknowledge and authorize WINPULSE NETWORK to report to the responsible control and inspection bodies the acts, conducts and practices that contain signs of irregularities and / or illegalities, without causing any type of damage or moral and patrimonial damage to the USER reported.

TAX OBLIGATIONS

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

• the PROPRIETARY of an INITIATIVE, CONTENT or CAMPAIGN will be responsible for issuing a tax document and / or rendering accounts in accordance with the legislation of his / her country, region, or tax domicile, whenever the sale of CONTENT is made, received values related to individual access of INITIATIVES or collections of a CAMPAIGN. WINPULSE NETWORK will not be responsible for a PROPRIETARY's respective tax obligations;
• WINPULSE NETWORK's relationship with the USER will be strictly for the provision of services and for which it will be remunerated, such as the provision of permissions on service packages, individual access to INITIATIVES and commission for payments or sales made through the PLATFORM;
• when a CONTENT is sold through the PLATFORM shopping cart, or individually accessed an INITIATIVE, WINPULSE NETWORK will automatically issue a receipt to the ACQUIRER or VISUALIZER, as a way of informing and proving the respective payment made. Issuing the receipt does not release the PROPRIETARY from his / her tax obligations and issuing invoice, if applicable;
• information regarding the sales of CONTENT made by a PROPRIETARY, as well as receipts related to individual access to INITIATIVES, may be provided to the respective regulatory bodies whenever requested;
• WINPULSE NETWORK will not have access to or maintain any sales or payment records when carried out outside the PLATFORM shopping cart, whatever the means of payment used, nor will it intermediate or have access to payment records made by a PARTICIPANT of a CAMPAIGN for the benefit of the PROPRIETARY. For this reason, the PLATFORM will not be able to provide any information or certify these payments;

PENALTIES

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

• with the removal of certain CONTENT;
• with the temporary suspension of access to the USER's account;
• with the final suspension of the PLATFORM USER;

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:

• losses, gains and expenses (including fees for cases against WINPULSE NETWORK, its agents, customers, offices, and employees) that may arise or result from any services provided or performed or by any product marketed, disclosed, or promoted by the USER;
• any damage to the person or property resulting from the sale of products and / or services disclosed or distributed through the PLATFORM;
• any material disclosed / distributed by the USER that may violate national and / or international laws, including copyright laws and intellectual property;
• Copyright infringement;
• any defective product / service marketed, disclosed, or promoted through the PLATFORM;

In addition, the USER declares itself to be aware and agrees that:

• he / she will be solely responsible for responding for the actions he / she come to take, resulting from the improper use of the PLATFORM facilities and services;
• WINPULSE NETWORK is not responsible for any damages that the USER or third parties may suffer, resulting from the misuse of another USER or third party;
• WINPULSE NETWORK does not offer any type of guarantee of performance, implicit or explicit, on the services it provides, nor does it guarantee any type of guarantee of commercialization or results for any purpose;
• the services and facilities provided by WINPULSE NETWORK aim to promote a collaborative and business environment among USERS, observing the applicable Brazilian legislation, adherence to international regulation and best practices. Despite this, it is the responsibility of the USER to assess whether a given service disagrees with the specific legislation of his / her country, region or locality;
• agreements or contracts of any nature, signed between USERS based on services and facilities available on the PLATFORM, must comply with the specific legislation of their country, region, or locality. The responsibility for the adequacy of these contracts with the respective legislation rests entirely with the USERS involved, who exempt the WINPULSE NETWORK PLATFORM from any responsibility

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