GENERAL TERMS AND CONDITIONS OF USE

These general terms and conditions of use govern the use of the services offered by Beecrowd Marketplace Ltda., registered with the CNPJ under nr. 43.617567/0001-14, with its head office at Rua Funchal, 538 – Cj. 24, Vila Olímpia, in the City and State of São Paulo. The use of the PLATFORM/Website must result in the adjustments established below to its USERS, including the acceptance of these General Terms and Conditions of use.  Only use our services if you agree with our General Terms and Conditions of Use.
If you have any questions about these Terms of Use, please contact us at [email protected]

01. THIS DOCUMENT
The reading of these General Terms and Conditions of Use is mandatory, since acceptance of this document consists of the consent of all matters present. 

02. THE DEFINITIONS
In this term, the capitalized words listed below will have the following meanings:
 
TERM - this General Terms and Conditions of Use; 

PLATFORM - this Platform or site, address: www.beecrowd.com.br;

CONTENT - means information, data, text, software, music, sound, photos, graphics, videos, messages, labels, interactive features or any other materials and content of the Platform. By "User Content", we understand any Content that you Post on the PLATFORM.

USERS - individuals and companies that have registered with the PLATFORM, meeting the requirements to do so, and intend to take advantage of the services of this Platform. 

POST - when we say "post", we include posting, uploading, sharing, uploading or otherwise providing User Content in any way in connection with the Platform.

03. OBJECT
This TERM regulates the use of the services offered by Platform, these being (i) connect the USER with designers, developers, teachers, students, professionals, companies and managers to which one has access, (ii) use the link between the parties mentioned for the performance of services, according to their budget and project; (iii) allow the USER to participate in challenges, matches, tournaments and/or competitions that take place on the Platform, with or without connection with a legal Entity User. 

04. THE OWNERSHIP OF THE PLATFORM AND ACCEPTANCE OF THE TERMS OF USE
Through this TERM, BEECROWD presents users with the essential conditions for the use of the services offered on the PLATFORM. These TERMS OF USE are contractual and mandatory in nature and govern the relationship between users and the PLATFORM. By using the PLATFORM or the services offered by BEECROWD, USERS accept and fully submit to the conditions of these TERMS. The use of certain services offered to USERS through the PLATFORM may be subject to specific conditions that, as the case may, completely replace and/or only modify or supplement this TERM OF USE. 

05. SERVICE DESCRIPTION
The purpose of the PLATFORM is to enable the provision of professional services in technology and outsourcing of processes to its USERS. Through the PLATFORM, the USERS themselves contact the professional (s) in order to explain how they want their request to be fulfilled. The Platform offers (i) professional search services through the modality of user allocation (Talents) in specific projects hired by Users (Clients) taking into account the skills and specificities of each project, (ii) professional search services through games, marathons, challenges, problem solving, with professional ratings, and (iii) crowdsourcing services,  through which BEECROWD uses users who will perform various parts of a given service that will be consolidated and delivered to the End User (Client) by BEECROWD.

06. AGE, LEGAL CAPACITY AND ELIGIBILITY
The SERVICES of BEECROWD are available to individuals and legal entities who want to use the platform. If the User (natural or legal person) intends to use the platform also to provide services, he/she must be regularly enrolled in the registers of federal and state taxpayers with full legal and working capacity necessary for another party to hire him, in accordance with the legislation to which they are subject to. They may not use them to  provide services, persons who do not enjoy this capacity, or persons who have been disabled by BEECROWD, temporarily or permanently. Users are subject to spontaneous exclusion from registration by BEECROWD, without refunds or returns. Users are already warned of the legal sanctions provided for in the Brazilian Civil Code. BEECROWD may spontaneously exclude the registration of USERS who, when requested, do not confirm their legal capacity to contract BEECROWD services. It is designed the creation of more than one registration per USER. In case of multiplicity of registrations prepared by a single USER, BEECROWD reserves the right, in its sole discretion and without the need for prior consent of the users or communication, to infer all existing registrations and prevent any future registrations linked to them. Only a registration will be allowed to be linked to an ID, a phone and an email, and there may be no duplication of data in any case. BEECROWD may unilaterally delete the registration of USERS when verified that the user's conduct is or will be harmful or offensive to other USERS, BEECROWD and its employees or third parties.  By using our Site, if you provide services to the U.S., you agree that you are not (a) a citizen or resident of a country in which use or participation is prohibited by law, decree, regulation, treaty or administrative act; (b) a citizen or resident or located in a country or region that is subject to u.S. or other sovereign country sanctions or embargoes; or (c) an individual or an individual employed or associated with an entity identified in the U.S. Department of Commerce's List of Denied Persons or Entities, the U.S. Treasury Department's Lists of Specially Designated Nationals or Blocked Persons, or the State Department's List of Prohibited Parties or otherwise ineligible to receive items subject to U.S. export control laws and regulations,  or other rules of economic sanction of any sovereign nation.

07. REGISTRATIONS AND USER CONTENTS
It is necessary to complete all the data required by BEECROWD at the time of registration, as well as the choice of individual login and password, so that the USER is able to use the PLATFORM in its totality. It is the sole responsibility of Users to provide, update and guarantee the veracity of the registration data, in a way that corresponds at each moment to their real situation, and BEECROWD is not responsible for any type of civil and criminal liability resulting from untrue, incorrect, incomplete, or outdated data provided by users. BEECROWD reserves the right to use all valid and possible means to identify its USERS, as well as to request additional data and documents that it deems relevant in order to verify the personal data informed. If BEECROWD considers a registration, or the information contained therein, suspected of containing erroneous or untrue data, BEECROWD reserves the right to suspend, temporarily or definitively, the USER responsible for registration, as well as to prevent and block any service request, without prejudice to other measures it deems necessary and timely. In the event of the application of any of these sanctions, users will not be entitled to any kind of compensation or compensation for loss and damage, lost profits or moral damages. The USER will access his account through login and password, defined by him, committing not to inform third parties of this data, as well as use them with due diligence, being fully responsible for the use made of them. The USER undertakes to notify BEECROWD immediately, through the e-mail [email protected] or other channels of contacts maintained by BEECROWD on THE PLATFORM, regarding any unauthorized use of his account. The USER will be solely responsible for the operations carried out on his account, since access will only be possible through the use of password of his exclusive knowledge. Under no circumstances will the assignment, sale, rent or other form of account transfer be permitted. It will not yet allow the creation of new registrations by people whose original registrations have been cancelled for violations of BEECROWD policies. Designers and developers who present themselves to contacted customers as BEECROWD employees, service providers or contractors are not allowed. BEECROWD reserves the right, unilaterally and without prior notice, to refuse any registration request and to cancel a previously accepted registration. 
By posting your information and other content ("User Content") on the Site, you grant BEECROWD a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully free, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform User Content in connection with the Site and content. BEECROWD has the right, but not the obligation, to monitor the Site and user content and Content. BEECROWD may remove or disable any User Content at any time for any reason, or for any reason.

We have the right, without compensation to you or others, to serve ads close to your content and information. Subject to the choices you make in your BEECROWD account, we may also mention using a feature of the services along with your name or photo to promote that feature.

You understand that the operation of the Site, including User Content, may not be encrypted and involve transmission to BEECROWD's third-party vendors and hosting partners to operate and maintain the Site and content. You therefore acknowledge that you are solely responsible for the proper security, protection, and backup of User Content. BEECROWD shall have no liability to you for any unauthorized access or use of any User Content, or any corruption, deletion, destruction or loss of any User Content.

You may submit comments or ideas about the Services ("Ideas"). By submitting any Idea, you agree that its disclosure is free, unsolicited and unrestricted, that it will not place us under any fiduciary, confidential or other obligation, and that we are free to use the Idea without any obligation of compensation to you and/or disclose the Idea in a non-confidential manner or otherwise to any person or User. You also acknowledge and agree that by accepting your submission, BEECROWD does not waive any rights to use similar or related ideas, including those known or developed by BEECROWD or obtained from sources other than you.

You represent and warrant to BEECROWD that your activity on the Site and the possession and use of User Content by BEECROWD as contemplated in these Terms of Use do not violate, infringe or misappropriate the copyrights, trademarks, privacy rights or publicity of third parties, or other personal or property rights, nor does the User Content contain any matter that is defamatory,  unlawful, threatening, abusive, unlawful, offensive or harassment.

08. THE CANCELLATION POLICY
The USER may cancel his/her subscription to the PLATFORM at any time, however, he will not be reimbursed for amounts eventually already paid to BEECROWD.
 
09. PRIVACY OF INFORMATION
All information or personal data provided by the BEECROWD USER is stored on servers with due security through the secure HTTPS protocol.  BEECROWD will take all possible measures to maintain the confidentiality and security described in this clause, but will not be liable for injury that may be derived from the violation of these measures by third parties using inappropriate, fraudulent or illegal means to access the information stored on the servers or databases used by BEECROWD. BEECROWD may use and assign the data provided by users and information related to the use of the PLATFORM to external tools, provided that in aggregate form, for any purposes, including, but not limited to, commercial, advertising, educational and journalistic purposes. For this, users must voluntarily register in these companies the tools external to BEECROWD with which the information will be shared. BEECROWD may also use users' data for analysis, studies, reporting, all as necessary for the proper functioning and development of the PLATFORM and the services offered. BEECROWD, for legal reasons, will keep in its database all the information collected from users that delete their registrations, in an anonymized way. The login and password of each USER serve to ensure privacy and security. BEECROWD recommends that its USERS not share this information with anyone. BEECROWD is not responsible for damages or damages caused to the USER for sharing this information. BEECROWD follows the security standards commonly used by companies that work with data transmission and retention to ensure the security of their USERS. However, no method of transmitting or retaining electronic data is fully secure and may be subject to external attacks. Thus, despite using all possible and appropriate means, BEECROWD cannot guarantee the absolute security of the information provided. BEECROWD collects and keeps all information provided by its USERS during the use of its PLATFORM, including at the time of registration, for its own use and its business partners. The name, email and other data of users may be used for sending notifications, information about the account or services provided, notices of violations of the TERMS OF USE and other communications that BEECROWD deems necessary. USERS may request beecrowd to delete their mailing list. BEECROWD will provide all information requested by public agencies, provided that it is duly justified and compatible with the law in force, in accordance with the Data Privacy Policy accepted by the User. 

10. THE COOKIES POLICY
BEECROWD uses cookies and monitoring software for its USERS to provide them with the best possible navigation, based on their needs, and for internal searches. A cookie is a small file saved by the browser on the computer, mobile phone or any other equipment of the USER that allows, among other things, to store and retrieve information about the browsing habits of the USER or his equipment. The cookies used by BEECROWD do not collect personal information, only inform each USER's usage and browsing preferences, and provide BEECROWD with statistics and data to improve its services. The USER may or may not accept the installation of cookies, as well as block or delete cookies installed on his equipment. However, by not allowing the installation of cookies, the USER may not be able to adequately access some features or access areas of the PLATFORM. Information on how to enable or disable the installation of cookies by your browser can be found in your browser's support documentation. 

11. OF THE RELATED PRACTICES
USERS may not: (i) Obtain, store, disclose, market and/or use personal data about other USERS for commercial or illicit purposes; and (ii) circumvent, or attempt to circumvent, in any way whatsoever, the system, mechanism and/or PLATFORM. 

12. THE VIOLATION IN THE SYSTEM OR DATABASE
It is prohibited to use any device, software or other resource that may interfere with the activities and operations of the PLATFORM, as well as with advertisements, descriptions, accounts or their databases. Similarly, any unauthorized automated extraction of data on the PLATFORM or its databases is also sealed. Any intrusion, attempt, or activity that violates or contravenes intellectual property laws and the prohibitions stipulated in these TERMS OF USE will make the person liable to suffer the effects of the relevant legal actions, as well as the penalties provided herein, and is also responsible for indemnification of BEECROWD or its USERS for any damages caused. 

13. SANCTIONS
Without prejudice to other measures, BEECROWD may, in its sole discretion and without the need for prior consent of the users, warn, suspend or cancel, temporarily or permanently, the registration of the USER, and may apply a sanction that negatively impacts its reputation, at any time, initiating the appropriate legal actions and suspending the provision of its services,  if: (i)the User do not comply with any provision of these TERMS OF USE and the other policies of BEECROWD; (ii)  the User do not comply with your USER duties; (iii) the User commit criminal or criminal acts; (iv) the identity of the USER cannot be verified, any information provided by him is incorrect or if the information provided leads to believe that the registration is false or of a different person; (v) BEECROWD understands that any attitude of the USER has caused any harm to third parties or TO BEECROWD or has the potential to do so. BEECROWD reserves the right, at any time and in its sole discretion, to request the submission of personal documentation or any document proving the veracity of the registration information. 

14. THE RESPONSIBILITIES
BEECROWD reserves the right to assist and cooperate with any judicial authority or governmental body, and may send registration or business information of its USERS, when it considers that its assistance or cooperation is necessary to protect its USERS, employees, employees, administrators, partners or any person who may be harmed by the action or omission combated. 

15. THE LIMIT OF RESPONSIBILITIES
BEECROWD is an integral part of the negotiations between users and service takers or parties involved in the services of this Platform, but assumes a role only as an intermediary, being users, designers, developers, teachers, students and/ or service takers, all BEECROWD Customers. Therefore, the responsibility for all obligations arising from the relationship between the aforementioned Parties, whether labor, fiscal, consumerist, or any other nature, shall be exclusively of the Parties involved who used the platform, user, provider and service taker. 

16. LEGAL NOTICE
THE MATERIALS AND SERVICES ON OUR PLATFORM ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED IN ACCORDANCE WITH APPLICABLE LAW, WE WAIVE ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF COMMERCIALIZATION AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT GUARANTEE THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS PLATFORM OR THE(S) SERVER(S) THAT MAKE AVAILABLE OUR PLATFORM OR ANY ADVERTISED OR HYPERLINKED SITE WILL BE ACCESSIBLE AT ANY TIME. WE DO NOT GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR RESULTS OF OUR PLATFORM WITH RESPECT TO CORRECTION, ACCURACY, RELIABILITY, GRAPHICS, LINKS OR OTHERS. YOU ASSUME ALL THE COSTS OF ALL NECESSARY SERVICES, REPAIRS OR CORRECTIONS. TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Documents, graphics and other materials appearing on our PLATFORM may include technical inaccuracies, typographical errors and outdated information and the use of such documents, graphics or other materials is the responsibility of the User.

17. THE OPERATION OF THE PLATFORM
On the PLATFORM is available, in the FAQ session, information regarding the use of the PLATFORM so that the USER can consult.

18. PROBLEMS ARISING FROM THE USE OF THE SYSTEM
BEECROWD is not responsible for any damage, injury or loss suffered by the USER due to failures in his connection to the Internet, with his provider, in the system, with the SMS system, with the telephone line or on the server used by the USER, arising from the conduct of third parties,  fortuitous case or force major. BEECROWD is not responsible for the compatibility between its PLATFORM and user-owned hardware or software. The USER will not be liable to BEECROWD if the PLATFORM is not accessible in old-fashioned equipment or through outdated software. BEECROWD will also not be responsible for any virus, trojan, malware, spyware, ransomware or any software that may damage, change the settings or infiltrate the USER's equipment as a result of access, use or internet browsing, or as a result of the transfer of data, information, files, images, texts or audios. 

19. INTELLECTUAL PROPERTY AND LINKS
The commercial use of the expression "BEECROWD" as a brand, business name or domain name, as well as logos, trademarks, insignia, content of the screens related to the services of the PLATFORM and the set of programs, databases, networks and files that allow the USER to access and use his account, are the property of BEECROWD and are protected by international copyright laws and treaties,  trademarks, patents, models and industrial designs. Misuse and reproduction of all or part of such content are prohibited, except with the express permission of BEECROWD. BEECROWD grants you a non-exclusive, non-transferable and revocable license to access and use our Site strictly in accordance with our Legal Terms. Your use of our Site is solely for the purposes stated in our Legal Terms; any other use is a violation of this license and will result in the revocation of your account.
All rights, titles and interests on the Site and content will remain and belong exclusively to BEECROWD. You will not (a) sublicense, resell, rent, lease, transfer, assign, time or otherwise commercially exploit or make available the Site and any content to third parties, (b) use the Site and content in any illegal manner (including, without limitation, violation of any data control, privacy, or export laws) or in any manner that interferes with or disrupts the integrity or performance of the Site and content or related components,  or (c) modify, adapt or enter the Site and content or attempt to gain unauthorized access to the restricted parts of the Site and related content or systems or networks (i.e., circumvent any encryption or other security measures, gain access to any source code or any other underlying form of technology or information, and gain access to any part of the Site and content,  or any other BEECROWD products or services that are not readily made available to the general public). You are not permitted to copy, modify, frame, republish, perform or publicly display, sell, reproduce, distribute, or create derivative works of the Site and content, except that you may download, display, and print a copy of the materials (i.e. content that does not require an account name or password to access) on a single computer solely for your personal, non-commercial use,  provided that you do not modify the material in any way and keep intact all copyright, trademark and other property notices. If the User is a creator, he is free to reproduce the content of the platform, and/or publicly display it, creating new content or using it partially for the educational purpose and/or transmitting programming language.  You agree not to access the Site or content by any means other than through the interface provided by BEECROWD to access it. You may not use any "page-scrape", "deep-link", "spider" or "robot or other automatic program, device, algorithm or methodology, or any similar manual process, to access, copy, acquire or monitor any part of the Site or any content, or in any way reproduce or circumvent the presentation or navigation structure of the Site or any content, to obtain or attempt to obtain any content or other information by any means not generally made available  through the Site by BEECROWD. BEECROWD reserves the right to take any legal action to prevent such activities.

20. INDEMNIFICATION
The USER shall indemnify BEECROWD, its directors, directors, employees, representatives and employees, including attorneys' fees, for any demand promoted by other USERS or third parties, arising from the activities of the first on the PLATFORM, of any non-compliance with the TERMS OF USE and any other policies of BEECROWD or, also, of any violation, by the USER,  law or rights of third parties. 

21. EFFECTIVE DATE AND MODIFICATIONS OF THE TERMS AND CONDITIONS OF USE
BEECROWD may change, at any time and in its sole and exclusive discretion, these TERMS OF USE. When updated, the new TERM will be informed to users when the next access to the PLATFORM and they will be offered the possibility to accept them again or refuse them. In the event of refusal, the contractual link will cease to exist, provided that there are no open accounts or debts. In case of non-acceptance of the TERMS OF USE, the USER will not be able to access and use the PLATFORM. Use of the PLATFORM is only permitted with acceptance of the respective TERMS OF USE. 

22. APPLICABLE LEGISLATION
All items of these TERMS OF USE are governed by Brazilian law. For all matters relating to interpretation, compliance or any other questioning related to these TERMS OF USE, the parties agree to submit to the Central Court of the Capital of the State of São Paulo, in Brazil.

Headquarter:

Rua Funchal, 538

Cj. 24

Vila Olímpia

04551-060

São Paulo, SP

Brazil


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