General Terms of Use
1. INTRODUCTION
1.1. ZuckPay: ZuckPay is a platform that offers technology solutions for the creation, promotion, and commercialization of digital and physical products. By using ZuckPay, you agree to these General Terms of Use and our Policies.
1.2. Objective: These Terms govern the use of the platform and the relationship between ZuckPay and its Users.
2. ELIGIBILITY, REGISTRATION AND ACCESS TO THE PLATFORM
2.1. Eligibility of Creators, Co-producers, Collaborators, or Affiliates: To register an account on the Platform as a Creator, Co-producer, Collaborator, or Affiliate, you must be at least 18 years old, or be emancipated under applicable law. By accepting these Terms, you declare to be fully capable of exercising all acts of civil life. If the registration on ZuckPay is carried out on behalf of a legal entity, you declare that you have the power and all necessary authorizations to regularly bind it, including to grant ZuckPay all permissions and licenses referred to in these Terms or in ZuckPay's Policies.
2.2. Eligibility of Buyers: The minimum age for Buyers to register on the Platform is 13 years old. Adolescents between 13 and 18 years old must be regularly authorized by their parents or guardians for this purpose. Registration on the Platform and acceptance of these Terms presuppose that such authorization has been granted. ZuckPay must cancel the registration of a User under 18 years old at the request of the parents or guardians, but this does not generate the right to any compensation or refund based on the Products purchased by the minor during the term of their registration.
2.3. Restricted Users: ZuckPay may refuse or cancel the registration of a particular User if it becomes aware, by itself or by a reasoned report from a third party, of the existence of a conviction, through a final and unappealable sentence, for (a) heinous crimes, or equivalent to heinous crimes; (b) involvement in criminal organizations, money laundering, terrorist acts, or international human trafficking; or (c) crimes committed by electronic means or cybernetic mechanisms.
2.4. Suspension or Termination of your Account: If ZuckPay limits your access or use of the Platform, suspends your account, or terminates this Agreement, you may not register a new account on the Platform, nor access or use the Platform through another User's account without prior authorization from ZuckPay, and provided that the reasons that led to the suspension or cancellation no longer persist.
2.5. Registration: To use the Platform or register a Product, you undertake to properly fill in, with correct information, all the data requested by ZuckPay during registration, aware that any mistakes may bring impacts to the User, including fiscal ones. ZuckPay may use any legally admitted means to identify you, as well as require additional data from you at any time to complement those already provided. If you send untruthful, incorrect, or incomplete information, your registrations may be suspended or canceled. ZuckPay may refuse your registrations or cancel them if it believes there are indications that you are using or tend to use the Platform in disagreement with these Terms.
2.6. Accuracy and Truthfulness of Data: You are solely responsible for registering true, accurate, and updated data, and respond for the consequences of untruthful, incomplete, or incorrect data or information that you provide in the registration or thereafter. Always check the information provided to the Platform before completing your registration.
2.7. Access Password and Account Activities: You are solely responsible for your login, your password, and any activity conducted through your account on the Platform. ZuckPay is not responsible for any damages, material or non-material, resulting from the improper use of your account by third parties. It is essential that you maintain the confidentiality and security of your access credentials to your account on ZuckPay, which are personal and non-transferable. Do not disclose or in any way share these credentials with third parties. No employee, collaborator, representative, agent, or any person directly or indirectly linked to ZuckPay is authorized to request that you share your access password. You should also not share your access credentials with Creators or Affiliates, as the activities these Users perform do not depend on sharing this type of information. You must notify ZuckPay immediately if you become aware or suspect that your access credentials have been lost, stolen, misappropriated by third parties, had their confidentiality compromised, or were in any way used without your authorization.
2.8. Banking Data: After making the first sale, Creators, Co-producers, or Affiliates must provide banking data, indicating a current account of their ownership. If the registration is in Brazil, the bank account must be in the same domicile, for both individuals and legal entities. In the case of Users with accounts in other countries, if they are individuals, the same rules as in Brazil apply; if they are legal entities, registration of bank accounts from other countries will be permitted, provided they are of the same ownership. These Users are responsible for keeping said information updated on the Platform. Registration or transfer of amounts due to Creators, Co-producers, or Affiliates to a third-party bank account is not permitted under any circumstances and on any pretext. It is also prohibited to register or transfer amounts to a bank account of the same ownership but located outside the domicile of the registration of the Creator, Co-producer, or Affiliate.
2.9. Data Processing: ZuckPay's Privacy Policy governs the processing of personal data that you provide to ZuckPay during the use and access of the Platform.
3. YOUR MAIN COMMITMENTS TO ZUCKPAY AND OTHER USERS
3.1. General Obligations of Platform Users: You must access the Platform or use ZuckPay's Services only for lawful purposes. You must preserve ZuckPay's reputation and avoid any practice carried out by you (or by third parties related to you) that could, directly or indirectly, discredit ZuckPay, its Services, its employees, collaborators, representatives, agents, partners, or associates.
3.2. ZuckPay Intellectual Property Rights: The information contained on the Platform, as well as trademarks, patents, industrial designs, business names, domain names, programs, databases, networks, files, copyright works, media in general (audio, text, video, etc.), and any other intellectual property related to ZuckPay's Services or contained on the Platform, are the exclusive ownership of ZuckPay, or were regularly assigned or licensed to ZuckPay. These elements are protected by international intellectual property laws and treaties. It is prohibited to copy, distribute, use, or publish total or partial any material, any item of the Platform, or any Product offered on the Platform without prior written authorization from ZuckPay.
3.3. Relationship of Users with each other and with Third Parties: You commit to maintaining a healthy and harmonious relationship with other Users and with third parties regarding the use of the Platform. You cannot attack, calumniate, insult, or defame other Users or third parties, including employees, collaborators, representatives, agents, partners, or associates of ZuckPay with whom you have contact. If ZuckPay finds that you have attacked, harassed, discriminated, or in any other way injured the rights of these people, ZuckPay, or other Users, ZuckPay may, at its discretion, take a series of measures provided in these Terms, which may include the suspension of your license to use the Platform and the termination of Services provided to you, excluding you from the Platform, in addition to concurrently seeking compensation for any damages, material or non-material, that you cause.
3.4. Indemnities to ZuckPay: By accepting these Terms, you undertake to hold ZuckPay harmless and to repair any damages you cause to ZuckPay by action or omission that is attributable to you. This obligation to avoid and repair damages includes material and non-material ones, in addition to all expenses incurred by ZuckPay as a result of conducts attributable to you, such as expenses with tax obligations, lawsuits, extrajudicial agreements, attorneys' and experts' fees, fines, and interest, arising from the marketed Products or other problems not related to a failure on the Platform. You also undertake to hold harmless and to repair damages you cause to ZuckPay's partners, its controllers, its controlled or affiliated companies, its administrators, directors, managers, employees, agents, collaborators, representatives, and attorneys.
3.5. Proper Use of the Platform and ZuckPay Services: ZuckPay offers a safe environment so that anyone can create, disclose, commercialize, or buy a Product and thus start their own business and acquire new skills. Thus, and without prejudice to other rules provided in these Terms or in ZuckPay's Policies: (a) you cannot violate or try to violate any security measures of the Platform, nor take advantage of any inconsistency in ZuckPay's systems; (b) you cannot change the data of any Product after ZuckPay completes the registration verification process, including its title, description, purchase conditions, and content of the digital or physical Product; (c) you cannot induce third parties to believe, by your action or omission, inside or outside the Platform, that you are an employee, collaborator, service provider, representative, or that you maintain any other link with ZuckPay besides being a User; (d) you cannot manipulate Product prices; (e) you cannot interfere in transactions carried out between other Users; (f) you cannot adopt any disclosure, information capture, or advertising practices that are unwanted, massive, repetitive, out of context, misleading, inappropriate, slanderous, or illegal, to promote any Product registered on the Platform, such as spam, flooding, adware, malware, and other harmful techniques; (g) you cannot declare or suggest that the Platform is an easy and/or fast way to obtain income, or that it does not require work or effort; (h) you cannot buy any Product with your own Affiliate link; (i) you must use the Platform with respect, always considering the User-Generated Content you insert and/or the Products you sell through the Platform; (j) you cannot use an Affiliate link for your own Product on your product page; (k) you cannot replace the Affiliate link on a product page for your own benefit or that of third parties; (l) you cannot use any system for sending access and utilization requests to the Services that exceeds, in a given period of time, what would normally be possible to respond to, leading to the impediment of access, deteriorating or in any way altering the experience of using the Platform and its contents; (m) you undertake not to use any automated system, including robots, spiders, scripts, or offline readers, that access the Services and use them in a manner contrary to what is provided in these Terms or in current legislation; and (n) you undertake not to collect or use any information extracted from the Platform or from content generated by Users to train any artificial intelligence (AI) model.
4. THE USE OF FEATURES AND CONTENT THAT MAY BE COMMERCIALIZED THROUGH THE PLATFORM
4.1. Platform Features: ZuckPay offers a fully integrated platform with solutions to scale your business, including secure global payment of transactions between Users. The goal is for the Creator to be able to focus on developing and/or offering quality Products and creating closer relationships with their Buyers. To this end, in addition to features for creation, disclosure, delivery, and payment for the Product, ZuckPay also makes features available that assist sales in a simplified way, with it being up to the Creators to choose which ones they wish to integrate with their Products.
4.1.1. Artificial Intelligence: ZuckPay may use, or offer configurations that are, or incorporate, in whole or in part, AI systems or AI models. ZuckPay may train such AI systems and AI models with information related to the use of the Platform or with content generated by Users to improve the Platform and the configurations that ZuckPay offers the User. The output of AI systems or AI models may be used by ZuckPay or offered by ZuckPay as an additional configuration for all or part of its Users, at its exclusive discretion, but the result generated for a specific User will not be made available to other Users. ZuckPay will provide Users with the option to object to having their generated content used to train AI systems or AI models. Except for improving the Platform and the configurations offered to Users, ZuckPay will not use content generated by Users to generate content for its own use or for third-party use.
4.2. Commercialization of Products: By using any feature of the Platform to create, disclose, or commercialize a Product, the Creator, by itself and by reason of its relationship with other Co-producers (if applicable), declares to be the exclusive holder of all relevant rights, including but not limited to intellectual property rights relating to the Product and its content, or being regularly authorized by the holders of these rights to do so. The Creator also guarantees that the Product does not violate any intellectual property rights of third parties, including image or copyright, with the Product being an original work, or with the Creator and Co-producer having received the relevant licenses or assignments of rights from the holders of rights over the content integral to the Product. Furthermore, the Creator and Co-producer must have all rights to grant ZuckPay the necessary licenses for ZuckPay to perform its activities related to the use of the Platform with respect to the Product, in the form of these Terms and ZuckPay's Policies.
4.3. Exclusivity of Products created, disclosed, or commercialized through the Platform: By using any resource of the Platform to create, disclose, or commercialize a Product, the Creator and Co-producer (when applicable), declare they have the right to commercialize the Product on an exclusive basis and assume the obligation to commercialize it exclusively through the Platform. The Creator and Co-producer also cannot authorize third parties to exploit any Product concurrently, nor fail to take measures to prevent third parties from exploiting them in competition with ZuckPay.
4.4. Responsible Use of the Platform: ZuckPay's purpose is to enable people to undertake and educate themselves more easily and thus develop both professionally and personally. To achieve this goal, ZuckPay adopts some values and principles, which must be observed by all its Users: respect for others, for Users, and for local laws is one of them, as well as the protection of freedom of expression and the neutrality and equality of Internet networks. Therefore, ZuckPay does not accept Products and content that violate these guidelines. By accepting these Terms, you undertake to respect ZuckPay's Responsible Use Policy, which exemplifies in a non-exhaustive way the Products that ZuckPay does not want on the Platform. In general terms, you cannot use the Platform to create, disclose, or commercialize Products and/or insert User-Generated Content (a) that violates applicable legislation or third-party rights; (b) that incites violence, hatred, discrimination, or that may cause harm to Users or to ZuckPay; (c) that harms the Users' experience on the Platform; or (d) that is in disagreement with ZuckPay's business model or that is contrary to the company's values. See ZuckPay's Responsible Use Policy to learn more.
4.5. Ratings and Other User-Generated Content: ZuckPay, at its exclusive discretion, may allow Users to interact with each other, post comments, and/or rate Products (“User-Generated Content”) in certain internal and external environments of the Platform, available to all internet users or only to Platform Users. The User acknowledges being solely responsible for all content published by them, exempting ZuckPay from any responsibility related to any reports, complaints, losses, and damages caused to Creators, Co-producers, Affiliates, Buyers, and/or third parties. The User commits not to infringe third-party rights and to comply with ZuckPay's Responsible Use Policy, which applies to this item in its entirety. ZuckPay reserves the right to, at any time, apply any of the measures in Sections 10 and 11 of these Terms in case of non-compliance with this item, including but not limited to the exclusion of comments and/or ratings.
4.6. Content Made Available to the Buyer in Digital Products: By purchasing a digital Product, the Buyer is acquiring the right to access its content, under the terms established in the Product Page. The purchase of the Product does not grant the Buyer intellectual property rights over the Product. The Buyer is not authorized to commercialize or assign the Product to third parties, in whole or in part, even if free of charge. ZuckPay may temporarily or definitively cease the Buyer's access to the Product, including by blocking access to the Product or blocking the User, if non-compliance with these Terms and/or other ZuckPay Policies is verified, as well as if there is suspicion of fraud. Fraud may be characterized by the provision or sharing of a password, as well as other conducts, such as unauthorized download, transmission, retransmission, or storage of the Product.
4.6.1. Content Made Available to the Spanish Buyer through the Use of the SeQura Installment Method: In cases where Buyers located in Spain choose to finance their purchases through the installment payment method offered by SeQura, they acknowledge and agree that the purchased Product, along with the associated complementary services, will be considered as fully delivered and provided 60 (sixty) days after the availability of the Product. It should be noted that this clause does not imply the removal of the Buyer's access to the content in the case of a digital Product, which may still be maintained.
5. MAIN RULES APPLICABLE TO CREATORS
5.1. Exclusivity: All Products must be commercialized on the Platform on an exclusive basis. It is forbidden for the Creator and Co-producer to display, disclose, or commercialize any Product, in whole or in part, through other platforms, means, or media, online or offline, by any title, in an onerous or free manner.
5.2. Prohibition of Use of Brand or Inappropriate Association with ZuckPay: You cannot use any brand, logo, or trade name of ZuckPay to disclose any Product, nor indicate directly or indirectly that ZuckPay has associated with, approved, or certified the Product. You must use and access the Platform only within the limits necessary to use ZuckPay's Services in the creation, disclosure, commercialization, or use of the Product.
5.3. Main Licenses that the Creator and Co-producer Grant to ZuckPay when Registering a digital product: The Creator and Co-producer, the latter in cases of co-production in a business partnership model, will always be the holders of all rights and obligations related to the Product created, disclosed, or commercialized on the Platform. However, by registering a digital Product and while they are Users of the Platform, the Creator and Co-producer automatically grant ZuckPay authorization to facilitate the commercialization and availability of the Product to Buyers and a license to use all intellectual property rights relating to the Product, including copyrights, property rights, in a sublicensable manner, free of royalties or any other remuneration. The integration of ZuckPay's Services with any Product does not mean that the Product or the intellectual property rights associated with it become the ownership of ZuckPay. This license is granted on a non-exclusive basis, being valid in all territories of the world, for all legal purposes and effects, and for all exploitation modalities, with the goal of ZuckPay using, reproducing, processing, adapting, modifying, translating, including subtitles, publishing, transmitting, displaying, or distributing the Product in any media or support, by any distribution means, known or to be developed, inside and outside the Platform.
5.3.1. In the event of termination of this Agreement, for any of the reasons provided in Section 11 of this instrument, ZuckPay commits to no longer use, reproduce, process, adapt, modify, translate, include subtitles, publish, transmit, display, distribute, or commercialize the Product on its Platform for new sales. In the case of Buyers who have acquired the Product before the termination of the contract, ZuckPay will be authorized to maintain access to the Content throughout the term of duration established between the parties.
5.4. Protection of Rights relating to the Product: ZuckPay's goal is to create a space where the Creator and the Co-producer can share their skills and knowledge with the world and generate income from it. Therefore, it is important for ZuckPay that the rights of Creators and Co-producers over the Products they register on the Platform are respected. To this end, by registering any Product on the Platform, the Creator and Co-producer automatically assign to ZuckPay the right to also take any measures, judicial or extrajudicial, for ZuckPay to bring the claims it deems applicable to protect the intellectual property rights relating to the Product, property or moral, as well as assign the rights to demand and receive any compensation arising from their violation. This includes all necessary powers for ZuckPay to take the measures it deems appropriate, at the expense of the Creator and/or Co-producer, such as, for example, filing a lawsuit, joining as a party in a lawsuit brought by third parties, performing judicial or extrajudicial agreements, filing appeals, giving and receiving discharge, as well as all other powers usually required for the exercise and protection of rights in court.
5.5. User Personal Data: The Creator must process the personal data of Users to which they have access as a result of ZuckPay's Services in full respect for applicable laws, especially the Personal Data Processing Agreement.
5.6. Transparency and Duty of Information: In addition to registration information, banking data, and other account data, the Creator and Co-producer must provide ZuckPay and third parties, Users or not, with all reasonably expected information relating to the Products. This information must be provided in a complete, unequivocal, objective, transparent, and updated manner, inside and outside the Platform, notably regarding (a) the subject, composition, description, objective, characteristics, quality, and quantity of the Product; (b) the price, payment methods, installment conditions, and any promotions and discounts; (c) the terms and methods for exercising warranty or right of repentance; (d) the rules, methods, deadlines, validity, and periods and means of delivery, access, exchange, and return; (e) rules in case of loss of Products; (f) updates and versions, if applicable; (g) mandatory requirements and certification, if applicable; (h) duties that must be fulfilled by Users and limits to their rights; (i) rules of acceptance and commission for Affiliates (such as percentage and possibility of receiving for the first indication, for the last indication, or division of commission for the first and last indications); (j) any other relevant information or arising from a legal obligation regarding the use and commercialization of the Product.
5.6.1. Disclaimers: In addition to any warnings required by laws, regulations, or conventions that provide for the advertising and announcements of products, ZuckPay may suggest or require the insertion of warnings for certain categories of products, or for some specific products, in order to guarantee greater transparency regarding the risks and expectations of delivery of Products registered on the Platform.
5.7. Duplicate Products: The Creator and Co-producer cannot register the same Product in duplicate, commercializing it through two or more different registrations, without their respective advertisements offering distinct payment methods from one another.
5.8. Responsibility for Related Third Parties: Creators and Co-producers are fully and jointly responsible for actions or omissions practiced by Related Third Parties. Related Third Parties are considered any persons, natural or legal, who are directly or indirectly related to a Product, such as experts, actors, characters, or spokespeople. By registering a Product on the Platform, Creators and Co-producers guarantee that Related Third Parties know, agree, and undertake to comply with these Terms and ZuckPay's Policies, as they apply to these people. Creators and Co-producers are fully responsible for obtaining and maintaining effective, throughout the entire life period of the Product on the Platform, the rights for the exploitation of the image and other personality rights of Related Third Parties, to the extent necessary for the commercialization of the Product. In the event that a Related Third Party is a minor under 18, the Creator and Co-producers must guarantee they have respective authorizations from the responsible persons and competent bodies for issuing permissions in this regard. The participation of minors under 18 in texts, images, or sounds contained in the Products must be very restricted, only when essential for the presentation of the proposed topic, and the Creator and Co-producers must comply with and be responsible for compliance with all applicable standards on the use of child labor, in addition to what is established in these Terms. ZuckPay may apply measures to any User or Product, including removing them from the Platform, based on actions or omissions by Related Third Parties that violate these Terms.
5.9. Co-producers: Any Creator may register Platform Users as a Co-producer of a certain Product, provided they are fully capable under applicable law, authorizing them to practice acts related to a certain Product without the need to share the Creator's access credentials to the Platform. When making this registration, it is up to the Creator to define the set of acts permitted to each Co-producer, as well as the applicable co-production model and the commission or percentages that each Co-producer is entitled to for the sale of a certain Product. To carry out registration on the Platform, the Co-producer grants the respective Creator all necessary powers to act on their behalf and practice all related acts before ZuckPay, other Users, and third parties. The Co-producer declares to be aware and agree that: (a) all obligations provided in these Terms for Creators will also be applicable to them as a User; and (ii) unless there is a provision to the contrary in these Terms, the rights granted to Creators will not be extended to them. Creators are fully and jointly responsible before Users, third parties, and ZuckPay for activities performed by Co-producers related to their Products. Likewise, Co-producers are fully and jointly responsible before Users, third parties, and ZuckPay for activities performed by Creators related to the Products for which they are registered as Co-producers. By accepting these Terms, Creators exempt ZuckPay from responsibility for any damages, material or non-material, arising from actions or omissions practiced by Co-producers, and Co-producers exempt ZuckPay from responsibility for any damages, material or non-material, arising from actions or omissions practiced by Creators.
5.9.1. Types of Co-production: Co-productions can be carried out in a Commissioning format or, only for Users in Brazil, in a Business Partnership format, with it being exclusively up to the Creator to decide which will be applicable to their Product, as well as choosing the User with whom they will share such a relationship, under the terms below:
5.9.1.1. Commissioning: in "Commissioning" co-production, tax obligations before Buyers are exclusive to the Creator, with the latter being the one who provides services directly to the Buyer and, therefore, the sole direct beneficiary of the payment made by the Buyer as a result of the sale of their Products. The Co-producer is therefore providing a service directly to the Creator; and
5.9.1.2. Business Partnership: in "Business Partnership" co-production, available only to Users in Brazil, obligations before Buyers are shared between the Creator and the Co-producer, অর্থাৎ both are providing services directly to the Buyer and, therefore, are recognized as direct beneficiaries of the payment made by the Buyer as a result of the sale of their Products.
5.9.2. Exclusive attributions of Creator: Regardless of the type of co-production chosen, Users are aware that only the Creator may, within the Platform, carry out the necessary managerial activities arising from the mandate granted by these Terms, such as, for example, price changes, offers, affiliation attribution, other co-productions, among other activities inherent to the Product holder. It will be up to the Co-producer, when accessing the Platform, to verify if data and information indicated by the Creator are correct, and with them resolve any divergence and request correction, exempting ZuckPay from any responsibility. See ZuckPay's Payment Policy to learn more about Co-production.
5.9.3. Divergences between Creators and Co-producers: No contract, negotiation, adjustment, or agreement established between Creators and their Co-producers will be managed, reviewed, or approved by ZuckPay. Users are solely responsible for the choices they made in establishing commercial partnerships, including regarding the chosen model, distribution of roles and responsibilities, as well as the legal, tax, and economic consequences arising therefrom. ZuckPay does not get involved in divergences between the Parties in any way and has no obligation to intervene in the resolution of any conflicts.
5.10. Collaborators of Creators: Any Creator or Co-producer may invite Platform Users to be their Collaborators, provided they are fully capable, and the Collaborator can manage the account of the Creator or Co-producer without the need to share the access credentials of the Creator or Co-producer to the Platform. The Collaborator is not entitled to any payment to be made by ZuckPay, with it being up to the Creators, Co-producers, and their respective Collaborators to establish the conditions of their relationships among themselves. Creators and Co-producers are fully and jointly responsible before third parties and before ZuckPay for activities performed by Collaborators in their account or relating to their Products. By accepting these Terms, Creators and Co-producers exempt ZuckPay from responsibility for any damages, material or non-material, arising from actions or omissions practiced by Collaborators.
5.11. Obligations to Buyers: We remind you that when Users make any transaction regarding a Product through the Platform, they enter into a contract directly with each other. Thus, among other aspects, the Creator and Co-producer are responsible (a) for ensuring the Buyer benefits from the Product as offered to them at the time of purchase; (b) for delivery of the Product to the Buyer, especially if the Product is a physical item or access is provided through tools external to the Platform; (c) for solving any problems that occur with the Product after delivery to the Buyer, such as technical issues, exchange, and return; (d) for providing adequate support to the Buyer; (e) for responding to eventual contacts from ZuckPay's support team to enable proper service to Users; and (f) for defining the final price of the Product that will be charged to the Buyer. In particular, the Creator and Co-producer must respect deadlines for exercising the right of repentance and warranty required by law, if applicable, as well as any additional deadline offered to Buyers, undertaking to accept any request for sale cancellation and refund, exchange, or return of the Product, through the Platform or its service and support channels, when applicable. For this purpose, the Creator and Co-producer hereby authorize ZuckPay to perform the deduction of refund amounts due by them to any Buyer. ZuckPay may deduct these amounts from existing or future credits in the Creator's and Co-producer's account.
5.12. Trial Functionality: The Creator can make the Product available through trial functionality, a non-binding period of use, as a test by the Buyer, which can vary from 1 (one) to 30 (thirty) days, according to the Creator's choice. Trial is intended to allow new Buyers to try the Product. Qualification for Trial, its use, and duration period must be determined by the Creator at their discretion. The Creator can limit qualification to avoid Trial abuse, provided they do so in compliance with these Terms. The Creator must charge the Buyer the Product value at the end of the Trial period established by them, unless the Buyer cancels Trial use before the end of the period.
5.12.1. In subscription Products, Creators can choose Trial functionality in the free or test-drive model, at their exclusive discretion. The difference between these modalities is that the Buyer, upon deciding to continue with the Product purchased in the test-drive modality, must pay for the period used, which does not happen in the free model.
6. MAIN RULES APPLICABLE TO AFFILIATES
6.1. Affiliates: To promote a Creator's Product through the Platform, the registered User must click the button corresponding to said action. By becoming an Affiliate of a Product, you declare yourself aware and agree that: (a) all obligations provided in these Terms for Users will apply to you; (b) the sale of a certain Product may generate, but not guaranteed, a commission due by ZuckPay according to the type of co-production chosen by the Creator (Commissioning or Business Partnership); and (c) actions or omissions practiced by you are your sole responsibility, and in the event such actions generate damages, losses, and injuries for ZuckPay, you commit to compensate ZuckPay in its entirety.
6.2. Creator's Own Rules: When applying for affiliation of a certain Product, you must accept and comply with all rules established by the Creator themselves, including commission percentage. These rules cannot contradict these Terms or ZuckPay's Policies.
6.3. General Obligations of Affiliates: Among other aspects, the Affiliate by themselves and through their Related Third Parties (as provided in item 5.8) is responsible (a) for ensuring to the Buyer that benefits and information promised in their promotion are delivered satisfactorily; (b) for solving any divergences regarding the Product that occur as a consequence of their promotion activity; (c) for providing adequate support to the Buyer within their promotion activity and on topics they committed to before the Buyer; (d) for responding to eventual contacts from ZuckPay's support team to enable proper service to Users; and (e) for respecting ZuckPay's, the Creator's, and third-party intellectual property rights in their promotion.
6.4. Promotion Best Practices: The Affiliate is responsible for carrying out the Product promotion in an ethical, integral, and respectful manner, under the terms of ZuckPay's Responsible Use Policy. It is expressly prohibited to use promotion techniques that could confuse the Buyer as to Product ownership or as to association between the Affiliate and ZuckPay.
6.5. Interruption of Affiliation: The Creator may, at any time, interrupt a certain User's affiliation to their Product, for any reason, including realizing that the Affiliate's promotion activity is not suitable for the Product or their brand. Termination of affiliation does not generate compensation obligations by the Creator to the Affiliate.
7. MAIN RULES APPLICABLE TO BUYERS
7.1. Purchase of Products: By buying a Product on the Platform, the Buyer declares themselves aware that they are contracting directly with the Creator of the Product, and not with ZuckPay. ZuckPay is not responsible for the quality, accuracy, truthfulness, or delivery of the Product.
7.2. Access to Product: Access to the purchased digital Product will occur after payment confirmation. The Buyer will receive access data at the email registered at the time of purchase. It is the Buyer's responsibility to keep their email data updated.
7.3. Right of Repentance and Warranty: The Buyer has the right to request sale cancellation and refund of the paid value within the warranty period established by the Creator, which cannot be less than the legal period. The refund request must be made through the Platform.
7.4. Use of Content: The Buyer cannot reproduce, distribute, sell, or assign access to the Product to third parties. Use is exclusively personal and non-transferable.
8. THE ZUCKPAY PAYMENT SYSTEM
8.1. Payment Processing: ZuckPay offers technological solutions for payment processing of transactions carried out on the Platform. Payment services are provided in accordance with ZuckPay's General Payment Policy.
8.2. Security of Transactions: ZuckPay uses high security standards to protect Users' payment data. However, the User acknowledges that no internet transaction is completely secure and exempts ZuckPay from responsibility for events outside its control.
8.3. Fees and Commissions: ZuckPay charges fees to Creators for using its Services and for mediating transactions. These fees are detailed in ZuckPay's Payment Policy.
9. INTELLECTUAL PROPERTY RIGHTS
9.1. ZuckPay Ownership: All rights relating to the ZuckPay Platform and its features are the exclusive property of ZuckPay. Use of the Platform does not grant the User any intellectual property rights over it.
9.2. Respect for Copyright: The User undertakes to respect the copyrights of ZuckPay, Creators, and third parties. Any violation may result in the immediate suspension of the account and appropriate legal measures.
10. PREVENTIVE AND SECURITY MEASURES
10.1. Monitoring: ZuckPay performs constant monitoring of the Platform to guarantee User security and prevent fraud. ZuckPay may suspend accounts preventively if it identifies suspicious behavior.
10.2. Reports: Any User may report content or conduct that violates these Terms through ZuckPay's official support channels.
11. TERMINATION OF CONTRACT
11.1. Termination by User: The User may terminate their account at any time, provided there are no pending obligations to ZuckPay or other Users.
11.2. Termination by ZuckPay: ZuckPay may terminate the contract with the User in case of non-compliance with these Terms, ZuckPay's Policies, or current legislation.
12. LIMITATION OF LIABILITY
12.1. Liability Disclaimer: ZuckPay is not responsible for damages resulting from improper use of the Platform, for third-party technical failures, or for illegal conducts of Users.
12.2. Warranties: ZuckPay does not guarantee that the Platform will meet all User expectations or that it will be free from eventually occurring errors.
13. FINAL PROVISIONS
13.1. Changes to Terms: ZuckPay may change these Terms at any time, coming into force after publication on the Platform.
13.2. Jurisdiction and Applicable Law: These Terms are governed by the laws of the Federative Republic of Brazil. For the solution of controversies arising from this instrument, the forum of the district of Belo Horizonte/MG is elected.
ZuckPay - All rights reserved.