Terms of use

I. DEFINITIONS

PLATFORM: an online platform used to manage and sell digital products (Products), designed to mediate digitally between customers, affiliates and producers, offering content, solutions and technological tools.

CONTENT: materials in digital format, created by a Producer registered on the platform, or authorized to be linked exclusively by another person, such as: video, audio, text, software, service and events, within the Platform.

USER: is the person who accesses, registers and/or browses the Platform, and may qualify as a producer, affiliate or buyer.

PRODUCER: is the person legally responsible for one or more pieces of content available on the Octuspay platform, whether they are the main author or even the owner of a valid authorization to link content online, with direct access to the Octuspay platform and tools.

AFFILIATE: is a person who registers on the platform in order to contribute to the sale of content made available by Producers for a commission. The Affiliate is remunerated in accordance with the Terms of the Octuspay Affiliate Program and the rules contracted directly with the Producer on the Octuspay Platform.

BUYER: is the person who purchases content available on the Platform.

INTELLECTUAL PROPERTY: any and all of Octuspay’s rights relating to patents, utility models, industrial designs, copyright, trademarks, trade dress, rights in new creations, trade secrets, software, integrated circuits, domain names and all other rights relating to copyright, industrial property and rights of exclusivity over intangibles of any kind, in any jurisdiction (including any application for registration thereof), including inventions, express ideas, express concepts, discoveries, developments, research, technologies, intellectual works, trade secrets, software and/or its source code and object code, firmware, content, audiovisual material, tools, processes, techniques, know-how or technical knowledge, data, plans, devices, apparatus, specifications, drawings, prototypes, circuits, layout, new inventions, algorithms, programs, codes, documentation or any other tangible or intangible material or information, whether or not protected by patent, copyright, trademarks or in any other way protected (including all versions, modifications, improvements and derivative works of any invention, discovery, improvement, invention, process, software, utility model, work of art and other works protected by copyright, industrial design and/or trademark, in particular, but not limited to, intangibles protected under Law no. 9.279, of May 14, 1996 (Industrial Property Law), Law No. 9.609 (Computer Program Intellectual Property Law) and Law No. 9.610, of February 19, 1998 (Copyright Law).

RECEIVABLES: Receivables related to the payment obligations of payment institutions to their customers. These rights can be present or future and are linked to payment arrangements, regardless of whether they are formalized or not. They form part of the relationship between Octuspay, the producer and the end consumer.

FEES: Correspond to the cost of making the Platform’s functionalities available. These fees are charged in the form of royalties for the use of licenses, service prices or commissions, depending on the features used by the User.

TRANSACTION AMOUNT: Refers to the total amount of transactions carried out by the Information Producer on the Octuspay Platform, before subtraction of fees and any other discounts due to third parties, as stipulated in these Terms of Use.

II. RULES FOR USING THE OCTUSPAY PLATFORM

II.1 Users must use the Platform responsibly! This means that the activities carried out within octuspay.com must be morally permissible and in accordance with the dictates of the applicable legislation. The Platform does not allow the publication or dissemination of defamatory, obscene or illicit content or information that could harm Octuspay, its customers, producers, suppliers and/or any third parties directly or indirectly linked to Octuspay. The use and/or publication of any information about people, companies or brands protected by copyright is also not permitted, unless expressly authorized by the owner and/or Octuspay.

II.2 Information Security: Octuspay is committed to preserving the authenticity and security of the information stored on the Platform, but its creators and collaborators are not responsible for any failures in the services/tools, or supplementary information offered by third parties and/or through the Products made available on the Platform.

II.3 Criteria for User Registration: Individuals seeking to register as Users must be at least 18 (eighteen) years of age, as required by current legislation for civil capacity. Therefore, by accepting the terms and conditions of this Platform, they declare themselves to be fully capable. In the case of legal entities, the responsible representative declares that they are authorized to link the entity to the Platform, assuming personal responsibility for any resulting indemnities. The Producer undertakes to grant Octuspay all the necessary permissions and licenses for the use, sale and availability of its Products.

II.4 Possibility of Cancellation or Refusal of Registration: Octuspay reserves the right to cancel, suspend or refuse the registration of any User in the event of conviction for heinous or similar crimes, participation in criminal activities, involvement in drug or human trafficking, cybercrime or any violation of the Platform’s Terms of Use. In addition, registration may be refused due to a bad reputation that directly or indirectly damages Octuspay’s honor in the eyes of the general public, or even due to lack of commercial interest, at any time and without prior notice to the User.

II.5 Cancellation, Suspension or Termination of Use of the Platform. In the event of cancellation, suspension or termination of the User’s registration on the platform, the registration of a new account or the use of a third party account is prohibited, unless authorized by Octuspay, at its sole discretion.

II.6 Modification, Deactivation and Suspension of the Platform. Octuspay’s legal representatives may, if they deem it necessary, modify or deactivate the Platform. They may also cancel, limit or suspend the use/access of any users at their sole discretion. It is therefore very important that you constantly visit the Platform’s Terms of Use, as they may be amended or replaced by other terms or legal notices.

II.7 By registering on the Platform, the user declares that they know, understand and agree to the Terms of Use provided, as well as the Privacy and Copyright Policies. If the user disobeys any of these rules, they may automatically lose access or have their account canceled, in addition to the immediate termination of their license to use the Octuspay Platform. Octuspay is not responsible for any documents, information, data, images, graphics or any other material entered into the Platform by Users that may contain errors.

II.8 Octuspay is not responsible for the performance of the Platform or the services offered.

III. THE INTELLECTUAL PROPERTY AND THE LICENSE TO USE THE PLATFORM GRANTED TO THE USER

III.1 From the first access and registration on the Platform, Octuspay grants the USER a non-exclusive, temporary, non-transferable and revocable license to use the Platform. All Intellectual Property rights defined in item “I – INTELLECTUAL PROPERTY” of this Terms of Use related to the Platform, including software, design, trademarks and content, remain the exclusive property of Octuspay and/or the legal owners of the copyrights on any works created within the scope of the Platform, in accordance with applicable legislation.

III.2 The User hereby acknowledges that any unauthorized copying or use of the Platform or the content made available therein constitutes a breach of these Terms, and may be held liable for damages in accordance with this Clause Three.

III.3 Use of Intellectual Property. All Octuspay Intellectual Property, including the Platform Software, is the exclusive property of Octuspay, including any improvements, corrections, translations, alterations, new versions or derivative works, among others that modify or alter it.

III.4 Penalties. Any violation of Octuspay’s Intellectual Property will result in the Producer being fined 100 (one hundred) times the monthly value of the signed product, which is hereby authorized to be deducted from the User’s Receivables and balances on the Platform in the event of such violations. The fine provided for is non-compensatory in nature, and Octuspay may resort to the courts in the event of losses and damages arising from the violation of its intellectual property.

III.5 Prohibition of Use of Trademarks and Distinctive Elements. The User undertakes not to misuse the business name, domain names, titles of establishment, deposited or registered trademarks, as well as any other distinctive signs of the other party, including, but not limited to, designs or signs, whether registrable or not, and visual aspects of the platform, without prior authorization from the party involved, in writing, which may be general for the acts listed, and any User is prohibited from using Intellectual Property without authorization.

IV. USER REGISTRATION: REGISTRATION AND IDENTIFICATION

IV.1 Access and Registration on the Platform. Access to and registration on the Platform is completely free, and this policy may be modified at any time by Octuspay. It is the sole and exclusive responsibility of the User to correctly fill in all the information requested by Octuspay on the registration page.

IV.1.1 The veracity of the registration data is the responsibility of the User. However, if the information is not filled in correctly or if there is anything suspicious in the data provided, Octuspay may reject the User’s registration and even ban the User from the platform, at its sole discretion.

IV.2 By registering on the Octuspay platform, the User allows the data used in their account to be collected, processed and shared in accordance with the Octuspay Data Privacy Policy available at https://octuspay.com/terms-of-use/.

IV.3 Violation of Octuspay’s Data Privacy Terms by the User, such as the use of third parties’ personal data, may lead to the suspension and/or permanent banning of the User’s registration on the platform.

IV.4 Registration of third-party accounts will automatically be rejected.

IV.5 By registering, the User declares that he/she is fully aware that Octuspay may require new information to complement the registration, for the purposes of validation and anti-fraud checks. If the User refuses to send information, or sends incorrect/incomplete data, the registration may be canceled or suspended until the new data is confirmed.

IV.6 The User is fully responsible for maintaining the confidentiality of their access credentials (login and password). Octuspay is not responsible for any unauthorized access resulting from the sharing of these credentials.

IV.7 If the User suspects that the confidentiality of the password has been breached or that any authentication device has been compromised, they must change or update it as soon as possible. In the event of theft or loss of any data essential for access to and use of the account, so as to allow use by third parties, including anyone other than the account holder, the User must notify Octuspay so that the appropriate security measures can be taken as appropriate.

IV.8 By browsing this platform and using its features, you agree to be guided by the Terms and Conditions of Use and the Privacy Policy that are in force at the time and, therefore, you should check them each time you visit this platform.

IV.9 When registering, users classified as “Producers” and “Affiliates” must provide personal financial information (bank details held by them) to enable the Octuspay Platform to pay the amounts received from sales of the Content.

IV.10 The bank details registered must be the property of the Producer and Affiliate, and the crediting of amounts in the name of third parties is not permitted.

V. CRITERIA FOR PRODUCER PERFORMANCE ON THE PLATFORM

V.1 Octuspay gives the registered Producer complete freedom to use the tools available on the Octuspay Platform to promote and sell their content directly or for other authorized dissemination.

V.2 Knowledge of and Consent to the Platform’s Functionalities: By agreeing to these Terms of Use, the Producer declares to be fully informed about the functionalities of the Platform and the technology provided by Octuspay. The Producer acknowledges that the technology licensed by Octuspay is only a means for the Products to be directly purchased by Users. In addition, the Producer has the option to make their Product available for promotion.

V.3 No Liability for Results: The materials and Products offered on the Platform are exclusively provided by the Producers. Octuspay provides the software that makes these materials available to Users. Therefore, Octuspay is not responsible for the results, the suitability for the User’s objectives or the veracity of the information contained in the Products. It is up to the User to make this decision during the purchase and use of the Product, always respecting the Platform’s Content Policy.

V.4 No interference with offers: Octuspay offers Producers financial and hosting functionalities for their Products. As such, the platform does not interfere in the way Producers make their offers or in the quality of the Products. Octuspay does not endorse, guarantee or assume any liability in relation to the offers of registered Products.

V.5 Acknowledgement of Full Responsibility for the Product: It is acknowledged that the Producer is solely responsible for the Product, covering information, characteristics, quality, quantity, description, suitability of the content for the proposed purposes, composition, price, warranty, expiry dates and delivery, among other aspects, as necessary and applicable.

V.6 Producer’s Full Liability for Damages: The Producer assumes full liability for any damages in the event that Octuspay is required to respond administratively or judicially for any aspect related to the Product generated by the Producer or arising from the Transaction. The costs incurred by Octuspay may be deducted, at Octuspay’s sole discretion, from the commissions, contractual balances and other amounts due to the Producer, up to the amount necessary to cover the costs resulting from legal actions, out-of-court settlements and court decisions. Therefore, the Producer agrees and authorizes in advance the retention and/or collection of these amounts by Octuspay.

V.7 Octuspay’s Right of Return: It should be noted that Octuspay, when entering into any type of agreement or judicial or extrajudicial settlement with third parties, will not assume, directly or indirectly, any liability for the Products and Materials offered by the Producer on the Platform, thus maintaining its right of return.

V.8 When registering, Producers must fill in their bank details, offers, payment methods and rules for affiliates.

V.8.1 This information can be changed by the User at any time.

V.8.2 The User is solely and exclusively responsible for each operation carried out within the Platform.

V.8.3 The content provided by the user will undergo an internal analysis by Octuspay to verify all the information.

V.8.4 Octuspay reserves the right not to disclose the content made available by the Producer if it believes that the material violates the Terms of Use, the Privacy Policy, current legislation or the ethical precepts set forth in this term.

V.9 The content published on the Platform shall remain exclusive to Octuspay.

V.10 It is the sole responsibility of the Producer to communicate all information about the content offered to other Users in a clear and objective manner.

V.11 The information on the Content published on the Octuspay platform must always be up to date, in accordance with the external means of dissemination.

V.12 It is the sole and exclusive responsibility of the Producer to respond to Buyers with any questions or difficulties with the Product offered.

V.13 From time to time, and at its sole discretion, Octuspay may assist Buyers in their doubts and difficulties with the Content provided by Producers.

V.14 By using the Octuspay platform, the Producer undertakes to deliver the content to the Buyer:

• I – Respecting the agreed deadlines;
• II – Fulfilling the price offer;
• II – In strict and unwaiverable compliance with all legal obligations and Terms of Use of the Platform.

V.15 The Producer acknowledges and agrees to the possibility of Octuspay deducting amounts and refunding them when the Buyer exercises their right of withdrawal, in accordance with Article 49 of the Consumer Protection Code.

V.16 The Producer undertakes to remedy the problems (if any) with the contents after delivery to the Buyer.

V.17 The Producer must offer technical support to the Buyer and respond to queries appropriately, whenever requested by the Octuspay Platform, offering quality service to its customers.

V.18 Failure by the Producer to assist the Buyer may result in the suspension or even cancellation of their registration on the platform.

V.19 The Producer undertakes to keep the information on the Content up to date and to suspend or cancel its dissemination whenever it no longer complies with the Terms of Use, the Privacy Policy, current legislation or the ethical precepts set out in this term.

V.20 The Platform User undertakes to debit from its sales all fees related to the Platform tools and undertakes to comply with its legal, regulatory, fiscal and tax obligations.

V.21 The Producer is solely and exclusively responsible for the information, characteristics, quality, quantity, description, price, guarantee, expiry dates and delivery of the Content made available on the Octuspay platform. 

VI. RULES APPLICABLE TO AFFILIATES

V.1 Criteria for Participation in the Affiliate Program. To advertise and promote Products available on the Platform, the Affiliate must:

V.1.1 Registering on the Platform as an Affiliate and associating with other Products and/or opting to be an additional collaborator, undertaking to use the tools available on the Platform properly and to seek the necessary clarification through the support channels available on the Platform in the event of any queries;

V.1.2 Agree to and comply with Octuspay’s Terms of Use and Privacy Policy and related documents, without prejudice to specific provisions and guidelines contained in the Platform itself;

V.1.3 Apply to advertise and promote a particular Product together with the respective Producer, using the designated area on the Platform, in accordance with the rules applicable to the Octuspay environment;

V.1.4 Accept the amounts and rules for dividing commissions established by the Producer and informed on the Platform at the time of association as an Affiliate of a given Product, recognizing that the Producer is solely responsible for defining the amount and method of dividing the commission among the various Affiliates involved in promoting the Product, and that such amounts and rules may be changed by the Producer at its sole discretion and without prior notice, taking this condition into account when deciding to invest time or money in promoting a Product;

V.1.5 Use the tools available on the Platform to ensure the tracking of your activity as an Affiliate, always in accordance with the Platform’s Terms of Use and Privacy Policies;

V.1.6 Undertake to communicate to the target audience the characteristics of the Product and the conditions of sale established by the Producer on the Platform, assuming together with the Producer responsibility for full compliance with these conditions with the Customer;

V.1.7 Agree that sales made using the technological tracking tools available on the Platform will generate commissions for the Affiliate, which will be due only upon completion of the sale and actual payment by the Client, and which can only be redeemed in accordance with the Platform’s internal rules, as consented to;

V.1.8 Agree to only use payment platforms whose checkout functionality is integrated into the Platform, as a means of receiving their commissions, taking into account all the rules and restrictions of these platforms, which can be consulted on their respective websites, committing to register with the corresponding payment methods;

V.1.9 Pay the Fees arising from the use of the technological tools available on the Platform, and comply with its legal, regulatory, fiscal and tax obligations, if, when and where applicable.

VII. CANCELLATION OF PURCHASES AND SATISFACTION GUARANTEE

VII.1 The Producer may offer warranty periods on its sales page. Octuspay is responsible for handling and refunding purchases for which the warranty period offered is 7, 15 or 30 days after purchase. If the Producer offers a warranty period of more than 30 days, the User, the Producer and the Buyer expressly acknowledge that the Platform is not responsible for such period, and it is certain that the Producer will be fully responsible for refunding the product.

VII.2 If the Buyer has technical difficulties with the cancellation of their purchase within the legal period set out in clause 7.1, they must contact Octuspay via email: suporte@octuspay.com, to provide the details of the purchase and explain the reasons for the cancellation and the difficulty encountered.

VII.3 After contacting the Buyer, an Octuspay team will analyze the incident and respond to the customer within 3 (three) business days. The exercise of the Buyer’s right to the 7 (seven) day “Satisfaction Guarantee” will impact the Producer’s and Affiliate’s remuneration, in the form of the Affiliate Program Term.

VII.4 The Producer declares that he is aware that the financial functionalities, in particular the payment management functionalities contained in the Platform, are not and are not intended to be comparable to the financial services offered by banking institutions or credit card administrators, consisting only of a form of facilitation and monitoring of the realization of transactions for payments and receipts between Users of the Platform.

VII.5 Applicable Fees. Producer shall pay the Fees applicable to the License to Use the Octuspay Platform (“Fees”) and any other applicable fees, including, without limitation, the applicable fees related to the amount of sales made by Producer when using all payment providers contracted by Octuspay for its benefit (“Transaction Fees”) and any fees related to its sales or use of products or services (“Additional Fees”), contained in these Terms of Use.

VII.6 Producer’s Tax Liability. Producer is solely responsible for determining, collecting, withholding, declaring and remitting applicable taxes, import duties, fees, surcharges and additional charges arising or resulting from any sale or its use of the Services. Any sales contract made through the Services is made directly between the Producer and the Buyer. In accordance with applicable legislation, each Producer is responsible for the collection of taxes/duties arising from transactions carried out on the Platform. Thus, the Producer is responsible for issuing and forwarding the tax document relating to the provision of the Product to the Buyer.

VII.7 Buyer’s Obligations: Buyer shall maintain a valid payment method on file to pay all incurred and recurring Fees. Octuspay will collect the applicable Fees using the valid payment method that the Buyer authorizes and will continue to use the Authorized Payment Method to collect the applicable Fees until the Services are terminated and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are stated in U.S. dollars, and all payments must be made in U.S. currency.

VII.8 Receivables. Octuspay, at its sole discretion, may charge amounts arising from financial transactions carried out by Producers, such as the advance of receivables requested by the Affiliate and, where applicable, the Producer, or the installment payment or use of different means of payment by the Buyer.

VII.9 The Producer authorizes Octuspay to make the refund, by deducting the amount of credits in its account, (I) when the Buyer requests the refund directly from the Platform, within the purchase period provided for in the Product offer. In these cases, if the Producer does not have a balance available on the Platform, he undertakes to proceed with the refund of the purchase amount as soon as requested by the Platform, under penalty of incurring a breach of the Terms of Use.

VIII. RESTRICTIONS ON THE USE OF SERVICES AND EXPRESSLY PROHIBITED CONTENT

VIII.1 The User must not use Octuspay’s services to advertise or commercialize the following content listed below, under penalty of being banned from the platform:

• Products that allude to firearms, narcotics, intoxicants and any kind of illegal drugs;
• Products taken from third parties, stolen or robbed;
• Counterfeit or adulterated products;
• Shares in companies traded on the stock exchange;
• Mailing lists or personal databases;
• Products that violate the privacy, honor, image, name or any other right of personality of third parties;
• Products related to pedophilia, prostitution or similar, pornographic material, containing scenes of nudity or sexual acts, or in any way obscene or contrary to morals and good customs;
• Products that advocate smoking;
• Products that promote pyramid schemes, multi-level marketing, etc;
• Products that promise success in lotteries or games of chance;
• Products that promote violence and/or discrimination based on race, sex, religion, nationality, sexual orientation or any other type of issue;
• Physical products that promise to cure health problems without any kind of backing from an organization that is a recognized expert on the subject and/or does not explicitly provide any risk to the end consumer;
• Products containing music and videos in any format, when these are not expressly authorized by the artist or record company that owns the copyright;
• Products that infringe the intellectual rights of third parties, such as products that infringe software, copyrights, patents, trademarks, industrial models and designs, licenses, academic programs and/or programs developed for any educational entity, or industrial secrets;
• Products of any kind that are the result of piracy and/or are an illegal copy of a third-party work;
• Products affected by any kind of restriction on their use, exploitation or transfer of ownership or possession;
• Any other products whose sale is expressly prohibited by the laws in force in the place of the transaction.
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IX. OCTUSPAY’S LIABILITY FOR CONTENT MADE AVAILABLE ON THE PLATFORM BY CONTENT PRODUCERS

IX.1 Octuspay is not responsible for the content of the digital products and information published on its platform, since the products are authored by third parties and do not necessarily reflect the opinion of OCTUSPAY TECNOLOGIA LTDA.

IX.2 Users are reminded that the content included in the Platform does not carry any explicit or implicit guarantee of promotion or suitability for any specific purpose. In no event shall Octuspay or its employees be liable for any damages, including lost profits, business interruption, or loss of information resulting from the use or inability to use the materials. Octuspay does not warrant the accuracy or completeness of the information, text, graphics, links and other items in the materials.

IX.3 Octuspay is not responsible for the occurrence of copyright infringement arising from information, documents and materials published on this platform. However, if Octuspay finds clear copyright infringement in content posted on the Platform, Octuspay will immediately delete the content and may hold the Producer liable.

IX.3.1 Octuspay undertakes to remove from its Platform, as soon as it receives formal notification of the infringement and after carrying out the relevant analysis of the complaint, any content that infringes the copyright of third parties.

IX.3.2 Octuspay reserves the right, if it deems that there are not sufficient elements for the immediate suspension of the contested Content, to keep the content on the air until the appropriate internal investigation has been completed.

IX.3.3 Considering that Octuspay is not responsible for the content generated by Producers or Affiliates on its Platform, the preventive blocking will be maintained until (i) it is established that the act or suspected conduct did not characterize an illegal practice, based on Octuspay’s exclusive criteria and evaluation; (ii) the parties involved adequately formalize the amicable resolution of the issue; or (iii) by court order or determination of administrative authorities that contains clear and specific identification of the content or act pointed out as infringing, allowing its proper identification and adoption of the required measures with the withdrawal of the respective judicial process that led to the precautionary blocking of values. If the illegal nature of the conduct is confirmed, the preventive blockade will be converted into a definitive one, and the amounts in the account will be released by court order.

IX.3.4 At Octuspay, we value and respect the intellectual property of others and encourage our members to do the same. Any infringement of copyright must be reported to Octuspay, accompanied by documents and information proving authorship. Notifications can be sent to the emails listed on the Platform or by post to: compliance@octuspay.com

IX.3.5 Notices of Possible Infringement by the Producer. After receiving a complaint and within the Product cancellation period, since the Producer remains responsible for the technical and quality aspects of the Product generated, Octuspay will notify the respective Producer and grant a period of up to 10 (ten) calendar days for it to respond to the complaint with a justification or attempt to resolve the problem. During this period, Octuspay may adopt precautionary restrictive measures if necessary. If the Producer does not respond within this period, the refund request may be processed automatically. In addition, the Producer’s data may be provided to the Buyer of the Product, as stipulated in the Privacy Policy.

IX.3.6 Request and Resolution. If someone believes that a Product inserted in the Platform violates their industrial property rights (trademark, patent, industrial designs) or copyright, they may notify Octuspay through a request sent to the address indicated in section 9.3.4., indicating the URL of the Product in question and attaching documents proving their ownership of the violated rights or their legal representation. Following an internal investigation, Octuspay will formally issue its position on the dispute, as provided for in the clause.

IX.4 Content included on the Platform will remain available for dissemination only if it complies with these Platform Terms of Use. Octuspay reserves the right to remove any Product that does not comply with its standards and policies.

IX.5 Octuspay is not responsible for disputes, chargebacks or purchase/payment blocks made by the Buyer of the Product, and will at any time deduct from the Producer’s balance amounts relating to refunded, blocked or disputed transactions (chargeback).

IX.6 If there is not a sufficient balance in the Producer’s account to cover the loss caused to Octuspay or to third parties, and Octuspay takes the necessary legal measures to seek compensation, the Producer agrees in advance to the granting of a precautionary measure to block sufficient assets to cover the loss.

IX.7 If the Producer is a legal entity, the liability for damages caused to Octuspay shall be joint and several between the Producer and the controlling natural persons and managers of this Producer.

IX.8 Octuspay will take all possible measures to maintain the confidentiality and security of Producers’ information, but cannot be held liable for losses or damages arising from the breach of these measures by third parties using public networks or the Internet to subvert the security system and/or gain access to Producers’ confidential information.

IX.9 Producers and Affiliates agree that Octuspay may, at its sole discretion, preventively block the account and the respective amounts therein, whenever it becomes aware of any indication of an act or conduct that may characterize illegal practice, violation of the Terms of Use or infringement of the rights of Producers or third parties.

X. USER AND CONTRIBUTOR INFORMATION

X.1 Any material, information or other communications that are transmitted, sent or published on this platform will be considered non-confidential information, and any infringement of the rights of its creators will not be the responsibility of Octuspay.

X.2 Users are prohibited from transmitting, exchanging or publishing any obscene, defamatory or illegal material through this Platform, as well as texts or creations by third parties without the authorization of the author.

X.3 Octuspay reserves the right to restrict access to information sent by third parties to its Users, whenever it deems it convenient and necessary.

X.4 Octuspay may search, monitor and/or restrict, at its discretion, access to any area on the platform where users transmit and exchange information with each other, including, but not limited to, chat rooms, message centers or other discussion forums, and may take down or withdraw access to any such information or communications, noting that Octuspay is not responsible for the content of any of the information exchanged between users, whether lawful or unlawful.

X.5 Octuspay does not monitor the content of any other website indicated or accessed through the Content made available on its platform. Octuspay may remove or block links or directions to other websites or services at any time.

XI. GENERAL USER GUIDELINES

XI.1 Without prejudice to other rules set out in these Terms of Use, the User undertakes not to carry out the actions listed below, under penalty of immediate banning from the Platform:

• a) copy, modify, reproduce, distribute, download, store, transmit, sell, resell, reverse engineer or create derivative products of any content available on the Platform;
• b) violate or attempt to violate any security measures of the Platform, or take advantage of any inconsistency of the system to obtain an advantage for themselves or for third parties, or cause damage to Octuspay and/or third parties, in particular by accessing or attempting to access any User account of the Platform, or by obtaining and disclosing the password of a User of the Platform;
• c) submit any false, inaccurate or incomplete information to the Platform;
• d) manipulating content prices;
• e) interfere in transactions between other Users;
• f) impersonating another person or organization;
• g) use SPAM or any other practice of disseminating or capturing inappropriate, slanderous or illegal information to promote any Content inserted in the Platform;
• h) inappropriate or unauthorized use of the Octuspay brand in advertisements and communications;
• i) promoting SPAM-type disclosures to generic contact lists, or repeatedly forwarding messages and comments to undefined groups without their consent;
• j) make publications and advertisements of products that unduly use the Octuspay brand, promoting confusion among third parties, in such a way that it is believed that the aforementioned publications have the authorization of Octuspay;
• k) promoting campaigns and advertisements with unscrupulous and illegal promises and guarantees, with the aim of gaining undue advantage;
• l) make announcements that offer as the sole and main benefit of purchasing a certain product the opportunity to be an Affiliate of that product.

XI.2 Knowledge of Platform Functionalities. The Producer, by adhering to these Terms of Use, declares and consents that he has provided himself with all available information regarding the functionalities of the Platform and Octuspay, the technology licensed by Octuspay being only a means for the products marketed to be directly acquired by Buyers, and may even make his Product available for dissemination, promotion and affiliation.

XI.3 Octuspay’s Right of Return. Octuspay shall not assume, directly or indirectly, any liability for Products and Materials offered by the Producer on the Platform, by entering into any type of agreement and/or judicial or extrajudicial compositions with third parties, thus preserving its right of return in any such event.

XI.4 When using the Platform, the Producer must:

XI.4.1 Registering on the Platform, taking responsibility for the appropriate use of the tools contained on the Platform, as well as seeking the necessary clarification through the channels available on the Platform, in case of doubts;

XI.4.2 Accept and respect Octuspay’s Terms of Use;

XI.4.3 Be the author of the Product or have authorization from the copyright holder of the Product to market it;

XI.4.4 Respect all the indications of the Content Policy included in these Terms of Use, refraining from attempting to insert prohibited and/or illicit content on the Platform, recognizing that it is solely responsible for the content of its Products and respective transactions;

XI.4.5 Registering the Product on the Platform by providing all the information requested about it, such as: the offer price of the Product and the payment methods (including bank details), acceptance rules and Affiliate commission, refund period (see the rule in Clause 7.1.), being able to change this information at any time, without prior notice, but being responsible to Affiliates and Buyers of the Product for respecting the information contained therein at the time of each operation carried out;

XI.4.6 Accept, at its own discretion, affiliate requests for its Product, committing itself to marketing and paying the commission directly due for the advertising promoted by the Affiliates exclusively through the functionalities made available on the Octuspay Platform;

XI.4.7 Comply with the commission rules due to Affiliates who have promoted and sold the Product, and notify Affiliates in advance if it decides to cancel the affiliate program for the Product;

XI.4.8 To be exclusively and directly responsible to Affiliates who feel they have been harmed by not receiving commissions due to the use of fraudulent means, exempting the Platform from such responsibilities, and authorizing the Producer to be called to any proceedings brought against Octuspay by the Affiliate;

XI.4.9 Providing clear and objective information about its Products, keeping it up to date and compatible with that published on its websites, sales pages and members’ areas outside the Platform, as well as being liable to the Buyer for any discrepancies, especially with regard to the prices of the Product, its quality, description, suitability for the purpose for which it is intended and cancellation deadlines…;

XI.4.10 Respect the deadline for canceling the purchase within the period offered at the time of sale (which may not be less than 7 days), undertaking to refund the amount requested by the customer if this period exceeds the limit of 30 days, under the terms set out in Clause 7.1 of these Terms;

XI.4.11 Be responsible for resolving any problems, especially of a technical nature, that occur with the Product after delivery to the Buyer, assuming the obligation to provide adequate support to the Buyer whenever requested by the latter or by Octuspay, as well as responding to any contacts from Octuspay’s support team, enabling adequate service to Buyers;

XI.4.12 To be responsible for changing, whenever necessary, the information relating to the Product, as well as for suspending or canceling its disclosure whenever it no longer meets any of the conditions of these Terms of Use, without prejudice to remaining responsible for all obligations arising from the period of disclosure;

XI.4.13 Acknowledge that it is entirely and exclusively responsible for the Product, including, but not limited to, the information, characteristics, qualities, quantity, description, suitability of the content for the proposed purpose, composition, price, guarantee, expiry dates and delivery. 

XII. INTERRUPTION, SUSPENSION AND CANCELLATION OF SERVICES

XII.1 The User declares to be aware that, due to technical, legal and/or operational problems, Octuspay may interrupt the provision of any service at any time without prior notification. At its discretion, Octuspay may suspend the user’s registration to its websites or any service at any time without prior notification.

XII.2 When a suspension occurs, Octuspay will notify the user of the suspension and may have a period of 15 (fifteen) working days to analyze the event that led to the suspension.

XII.3 Once the event that led to the User’s suspension has ended, Octuspay may terminate any User’s access to its websites or any service at any time without prior notification.

XII.4 Octuspay shall not be liable for any damages arising from the use of its services, unless explicitly stated otherwise.

XII.5 Users must make their own backups, unless otherwise stated.

XII.6 The user understands that it is inherent to online activities that there are interruptions and possible failures in performance or security. Therefore, Octuspay cannot be held responsible for failures due to technical errors, security breaches or intrusion by third parties.

XII.7 Measures. Any conduct contrary to the provisions of these Terms of Use may be punished:

• (a) With the removal of a certain Product;
• (b) With the immediate suspension of access to the Producer’s account;
• (c) By blocking the Producer’s account on the Platform;
• (d) All other measures provided for in these Terms of Use

XII.8 Access to the octuspay.com platform represents express and unrestricted acceptance of the terms of use described above.

XIII. THE TOOLS AND FUNCTIONALITIES AVAILABLE ON THE OCTUSPAY PLATFORM FOR MANAGING PAYMENTS AND THE FEES APPLIED

XIII.1 The tools and functionalities available on the Octuspay Platform allow you to:

• a) The payment by Buyers for the purchase of Content inserted in the Octuspay Platform;
• b) The automatic payment by Producers to Affiliates of the amounts due for the dissemination of Content;
• c) The receipt by the Producers of the amounts related to the commercialization of their Content;
• d) The receipt by Affiliates of the amounts related to the dissemination of Content marketed, in the manner established in the Affiliate Program Terms and other regulations issued by Octuspay.

XIII.2 When registering on the Octuspay platform, the Producer agrees and requests that Octuspay promotes:

• a) receipt of the price paid by the Buyer for the purchase of the Content;
• b) the payment of the remuneration established to the Affiliate by the Producer, if any;
• c) the deduction of the remuneration due to OCTUSPAY TECNOLOGIA LTDA for the use of its tools, according to the available table;
• d) the debit of any fees and taxes levied on the marketing of the Content and which are required to be withheld by law.

XIII.3 The User declares that he/she is aware that the payment management tools contained in the Octuspay platform are not and are not intended to be comparable to the financial services offered by banking institutions or credit card administrators, but are merely a means of facilitating and monitoring payment and receipt transactions between Users of the platform.

XIII.4 In accordance with the applicable legislation, each User is responsible for collecting the taxes/retentions arising from the transactions carried out on the platform. Thus, the Producer is responsible for issuing and forwarding the tax document relating to the provision of the Content to the Buyer.

XIII.5 The Producer undertakes to issue invoices for all commercial transactions carried out through the Platform/Service, in accordance with current Brazilian tax legislation.

XIII.6 Responsibilities:

XIII.6.1 The Seller/Producer is entirely responsible for any penalties, fines or sanctions arising from the non-issuance or incorrect issuance of invoices and/or any other tax documents required by the competent bodies .

XIII.6.2 The Buyer/Contractor is responsible for providing accurate and up-to-date information for issuing the invoice and/or any other tax documents required by the competent bodies. Any error resulting from incorrect information provided by the Buyer/Contractor shall not be the responsibility of the Seller/Producer. Under no circumstances will Octuspay be liable for inaccuracies in the information provided by Users. 

XIV. PENALTIES FOR NON-COMPLIANCE WITH OCTUSPAY’S TERMS AND POLICIES

XIV.1 Deletion of Products. In the event of the deletion of a Product, any transactions related to it made prior to the deletion may have their corresponding amounts blocked and/or refunded to buyers, at Octuspay’s discretion. Once the Product has been removed from an account, no new transactions related to it will be processed by Octuspay’s payment tools for that account.

XIV.2 Suspension of Access. If access to the Producer’s account is suspended, transactions related to the Products registered by that account may continue, but the User will not be able to access any account functionality, such as making changes to registration data, bank details or registered content, and will not be able to redeem any amounts accumulated in the account.

XIV.3 Chargeback blocking. Octuspay considers a chargeback rate of up to 1% (one percent) to be acceptable. Should the chargeback rate of the Producer’s account reach a level higher than 1% (one percent), Octuspay reserves the right to consider classifying the Producer’s account as a risk for the Platform. In this case, Octuspay shall have the right, at its sole discretion, to block all or part of the account balance for up to 180 days in order to cover possible refunds and chargebacks. Regardless of the chargeback percentage of an account, Octuspay alone shall decide whether or not to block and/or take any action in relation to the account and the Producer.

XIV.4 Cancellation for Suspected Chargeback. If there are indications or suspicions of many new imminent chargebacks and Octuspay identifies the risk of a future increase in the rate of chargebacks due to suspected fraud or low buyer satisfaction, Octuspay reserves the right to cancel and refund part or all of the sales from the information producer’s account, returning the money to the buyers to avoid chargebacks, without prejudice to the Producer’s possible liability for fines and/or sanctions imposed against Octuspay. Octuspay, on the other hand, may assume certain financial obligations related to the chargeback and refund policies, at its sole discretion, without this necessarily constituting an obligation of the Platform.

XIV.5 Account blocking. In the event of the Producer’s account being blocked, all active advertisements and/or offers made will be automatically canceled, and the Producer will not be entitled to any compensation or refund.

XIV.6 Financial Fraud. If Octuspay suspects or has indications that the Producer is using mechanisms to defraud the payment or tracking system, or any other fraud mechanism, it reserves the right to immediately suspend access to the suspected Producer’s account and possibly permanently block the account, partially or fully refunding the amounts receivable to avoid possible chargebacks. The balance may also be retained by Octuspay as partial compensation for damages suffered or handed over to injured third parties upon court order.

XIV.7 Legal Action. Octuspay, the affected Producers or third parties may take appropriate legal action as a result of felonies or misdemeanors, or seek compensation for civil damages due to non-compliance with the Terms of Use, without this giving rise to any right of compensation by Octuspay to the Producer involved.

XIV.8 Balance Withholding. If an affiliate, Producer or third party holds Octuspay liable for damages arising from a Product (chargebacks, defective product, etc.), Octuspay may, as a precautionary measure, withhold sufficient balance to cover the damage claimed by the third party from the Producer’s account.

XIV.9 Precautionary Measure. If there is not a sufficient balance in the Producer’s account to cover the damage caused to Octuspay or third parties and Octuspay takes legal action to seek compensation, the Producer hereby agrees to the granting of precautionary measures to block sufficient assets to cover the damage.

XV. PLATFORM DISCLAIMER

XV.1 In the event that any User(s) or third party initiates any type of dispute, claim or legal action against another User(s), all those involved in the disputes, claims or actions release OCTUSPAY TECNOLOGIA LTDA from any and all liability, as well as release, under any circumstances, its directors, managers, employees, agents, representatives and attorneys, including with regard to the costs and fees incurred by the Users to promote the disputes, claims or actions.

XV.2 Octuspay may withhold amounts due to Producers and Affiliates involved in judicial and administrative disputes arising from alleged violations of current legislation and/or the Terms of Use and Policies imposed by OCTUSPAY TECNOLOGIA LTDA on its users.

XVI. TERMINATION AND LACK OF PRIOR NOTIFICATION TO THE USER

XVI.1 Termination by Octuspay. Octuspay reserves the exclusive right to cease the availability of any features of the Octuspay Platform offered and to remove any Products published on it. Octuspay may also restrict Producers’ access to any part or all of the services offered by the Platform at any time, with or without notice, and for any reason or reasons.

XVI.2 Termination by the Producer. The Producer may choose to stop using the Platform at any time, being required to remove all their Products and guarantee the delivery of any Product purchased through previously disclosed links. In addition, the Producer must proceed with their disconnection as a Producer from Octuspay. However, the Producer will continue to be liable for the Product to Buyers as stipulated by applicable law.

XVI.3 Termination by the Affiliate. The Affiliate may stop promoting any Product at any time.

XVI.4 Right of Withholding. Under any circumstances, including termination, Octuspay may, at its sole discretion, withhold all or part of the existing balance in the Producer’s account if it deems it necessary to guarantee the payment, reimbursement and reimbursement due due to any liability, obligation or debt that the Producer may have contracted with Octuspay and/or third parties.

XVII. ETHICAL AND LEGAL USE OF THE OCTUSPAY PLATFORM

XVII.1 Users undertake to act ethically and in accordance with the applicable legal precepts, as well as the customs and rules that guide society, contributing to the construction of a plural, inclusive and fair platform, with respect for Universal Human Rights.

XVII.2 The User who violates the Terms and Policies of the Octuspay Platform, causing any damage to any individual or social groups, as well as to the image of Octuspay, must compensate those who cause damage and will also have their access account permanently banned from the Platform.

XVII.3 By registering on the Octuspay platform, Users undertake to use the resources made available for the purpose for which Octuspay was created.

XVIII. GENERAL PROVISIONS

XVIII.1 Octuspay’s tolerance of non-compliance with the clauses and conditions set forth herein, as well as the failure to apply the penalties provided for in this Agreement at the appropriate time, shall not result in the cancellation of the penalties, nor may it be considered a waiver of rights. Such facts shall be considered mere liberalities, and shall not imply precedence, novation or modification of any of the clauses or conditions of this contract, which shall remain unchanged and in full force, as if no favor had ever occurred.

XIX. THE FORUM

XIX.1 The Terms and Conditions of Use described herein are interpreted in accordance with Brazilian law, in the Portuguese language, and the Court of the District of Nova Friburgo in the State of Rio de Janeiro is elected to settle any dispute, question or doubt that may arise, with the express waiver of any other, however privileged.

XX. QUESTIONS

XX.1 Any questions regarding the content of these Terms and Conditions can be sent to the following e-mail address: suporte@octuspay.com