SUMMARY
- OVERVIEW
- ASSUMPTIONS OF USE OF THE PLATFORM
- USER CONDUCT RULES
- GENERAL RULES FOR USER-GENERATED CONTENT
- PRIVACY POLICY
- GENERAL PROVISIONS
- MODIFICATIONS OF THE GENERAL TERMS AND CONDITIONS
- JURISDICTION
INTRODUCTION
These General Terms and Conditions of Use (“Terms of Use” or just “Terms”) of the platform and the mobile device (“Platform”), developed by Truman Stakeholders Negócio de Impacto Ltda., (“Truman Stakeholder”) registered with the National Register of Legal Entities (“CNPJ”) under nº 44.325.121/0001-89, headquartered in the City of São Paulo, State of São Paulo, aims to establish the rules and conditions to which users must adhere for remote access and use of the Platform.
The Truman Stakeholders is a technology company and the promotion of sustainable solutions, working to generate positive socioeconomic impact and foster the 17 (seventeen) United Nations Sustainable Development Goals (“SDGs”), as well as its 169 (one hundred and sixty-nine) universal goals, offering services mainly related to e-commerce and acceleration of socio-environmental initiatives and projects.
The Truman Stakeholders, through the Platform, aims to promote to its partners ("Partner" or "Partners"), an e-commerce environment, where they will be able to offer, sell, and buy products and services to make sustainable solutions part of the routine of companies and individuals throughout the country, who will also be able to access the platform as users. Users are any persons able to enjoy the services and products offered by Truman Stakeholders ("User" or "Users"), by contracting and registering on the Platform.
By accessing or using the Platform on any computer, mobile phone, tablet, console, or other device (collectively referred to as "Device”), the User agrees and submits to the rules and conditions of these Terms and the Privacy Policy, to all documents and information related to them and also to their possible updates.
In case you want to contact us, just send an email to: [email protected]
1. OVERVIEW
1.1. The Platform is a tool designed to form an ecosystem that allows people to offer, sell, buy, pay, send products, and carry out other commercial activities with applied technology ("Ecosystem”).
1.2. The Platform works only as a means of approaching the parties, who may take advantage of the resources and products made available in the Ecosystem, under the terms, conditions, and policies described therein.
1.3. In the use of the services offered by Truman Stakeholders, Users may, even indirectly, have access to and be directed to third-party websites, platforms, or programs, including other services contracted by the Partners to the advertising Users ("Third-Party Programs”). Truman Stakeholders has no access to the information provided in the Third Party Programs and has no responsibility for their access, use, and/or any technical and/or operational defects or defects arising from their systems. The User is solely and exclusively responsible for the use and for all burdens arising from the acts performed not only on the Platform, but also on the Third Party Programs, and they must read any terms of use and their privacy policy, assess compliance with issues related to compliance with Brazilian laws and compliance with current data protection standards, verify that third parties are within standards of integrity and compliance and act as determined. Truman Stakeholders reserves the right to remove any content it deems incompatible with the purposes, from its Platform.
1.4. It is the User's free choice what programs available on the Platform he/she will use and what products and services he/she may, from time to time, purchase. On the other hand, which programs and/or campaigns will be made available to Users is the choice of the Partner. As mentioned in the previous item, Truman Stakeholders is not responsible for the technical and/or operational functioning of the Third-Party Programs and even reserves the right to remove from the Platform any of these programs that present any technical and/or operational defects or defects.
1.5. É necessário que você esteja sempre ciente e de acordo com as disposições desses Termos de Uso ao utilizar a plataforma, ficando desde já estabelecido que: (1) esses Termos estabelecem os limites da responsabilidade da Truman Stakeholders e (2) esses Termos de Uso poderão ser modificados, nos termos descritos abaixo e conforme os administradores da Truman Stakeholders julguem necessário, sob o conhecimento e anuência do Parceiro.
1.6. Access to the Platform can be done through mobile phones or tablets and may depend on the proper functioning of the platform and its functionalities, the technological characteristics of the devices, and the User's connection to the internet.
2. ASSUMPTIONS OF USE OF THE PLATFORM
2.1. Registration
2.1.1. To use the Platform, the User must be over 18 (eighteen) years of age, stating and guaranteeing that the information provided is true and that he/she has read, understood, agreed, and is fully by the provisions of these Terms.
2.1.2. It is forbidden to create more than one registration per User. In case of multiple registrations prepared by a single User, Truman Stakeholders reserves the right, at its sole discretion, and without the prior consent of or communication from Users, to disable all existing registrations and prevent any future registrations linked to them.
2.1.2.1It will only be allowed to link a registration to a CNPJ and (or) CPF, a telephone, an email, and a valid address, and there can be no duplication of data in any case.
2.1.3. To register on the Platform, the User must inform their full name, email, institution, profession, date of birth, telephone, address, and password. Only with the completion of all personal data will the User be enabled to use the Platform. Such information will be treated by Truman Stakeholders following its Privacy Policies and the legislation in force.
2.1.3.1. The User is aware that, in some cases, such as those related to environmental or social goals, certifications and licenses, impact measurement, or impacted public, it may be necessary to fill in additional data on the Platform. This occurs, therefore, when mentioning, for example, the existence of a certain environmental or social goal, including numbers, deadlines, or impacted people, it must prove such a condition.
2.1.4. Data is collected when entered or voluntarily submitted by Users when using the Platform.
2.1.5. Each User is responsible for the personal data provided at the time of registration and undertakes to ensure the veracity of the information presented, as well as to always keep their registration updated. In addition, the User at the time of their registration declares himself to be legally capable of the acts performed within the Platform, being solely responsible for the use and protection of their password.
2.1.6. The Truman Stakeholders takes all measures to protect the User's data and privacy, in compliance with the legislation in force.
2.1.7. It is the sole responsibility of the Users to provide, update, and guarantee the veracity of the registration data, and Truman Stakeholders shall not be liable for any type of civil and criminal liability resulting from untrue, incorrect, or incomplete data provided by the Users.
2.1.8. The Truman Stakeholders takes all measures to protect the User's data and privacy, in compliance with the legislation in force.
2.1.9. If Truman Stakeholders considers a registration, or the information contained therein, suspected of containing erroneous or untrue data, Truman Stakeholders reserves the right to temporarily or permanently suspend the User responsible for the registration, as well as prevent and block any advertising or registration of Services and cancel advertisements published by it, without prejudice to other measures it deems necessary and timely. In the event of the application of any of these sanctions, Users shall not be entitled to any type of indemnity or reimbursement for losses and damages, lost profits, or moral damages.
2.1.10The Truman Stakeholders reserves the right, unilaterally and without prior notice, to refuse any registration request and to cancel a previously accepted registration.
2.1.10.1 Users who have been deactivated, banned, or who have committed any irregular act within the Platform that does not allow them to remain within the Ecosystem may not re-register on the website. Those who are included or related to people who appear on national or international sanctions lists and/or who pose risks, even if reputational, to the Ecosystem may also not be registered.
2.1.11. In some cases, Truman Stakeholders may charge a fee for the use of the services that make up the Ecosystem, as provided for in item 2.8.1 below, and the User hereby undertakes to pay it, except for the possibility of returning part of the amount paid through "cashback" for exclusive use on the platform, represented by the seeds ("Seeds"), which are the currencies used within the Platform, according to specific terms and conditions that must be accessed and considered by the Users together with these Terms and Conditions.
2.1.11.1. Without prejudice to the provisions of clause 2.8.1 below, it is established that each 1 (one) seed will have a value equivalent to 0.80 cents.
2.1.11.2. Notwithstanding the provisions of clause 2.8.1 below, the waste intermediation fee charged by Truman Stakeholders will be 6%, and 25% of the 6% charged will be returned ("cashback") to those who choose to sell on our Platform.
2.1.12. In addition, Users' data will be processed following the provisions outlined in our Privacy Policy, available at: https://trumanstakeholders.com.br/politica-de-privacidade.
2.1.13. To request the deletion of your personal data processed by Truman Stakeholders, when applicable, you must contact us at [email protected] or through one of our service and contact tools. For more information, we recommend you refer to our Privacy Policy.
2.1.14. In addition, the User who wishes to revoke their consent, when it has been granted, must proceed by requesting the revocation of consent, through the email: [email protected]. For more information, we recommend you refer to our Privacy Policy.
2.1.15. Under no circumstances will the assignment, sale, rent, or other form of transfer of the account be allowed. It will also not be allowed to create new registrations by people whose original registrations have been canceled for violations of Truman Stakeholders.
2.2. Limitation of service provided
2.2.1 The Platform offers functionalities and information related only to the creation of the environment and Ecosystem described above. The Platform does not directly provide products and is not responsible for any promotions and information made available by Partners in the Ecosystem.
2.3. User Journey
2.3.1 The User must register and complete all requested information, including declaring that he knows and is responsible for the correct use of the Platform.
2.3.2 All phases of the negotiation, from the announcement to the payment, must be fully carried out by the users within the Truman StakeholdersEcosystem, and any disclosure of personal contact during the negotiation is prohibited, under penalty of applying the penalties provided for in these Terms. Truman Stakeholders accepts no responsibility for messages exchanged outside the Platform.
2.3.3 Truman is a technology and sustainable solutions company, offering services mainly related to e-commerce and the acceleration of socio-environmental initiatives and projects. If you receive any contact from someone claiming to represent Truman and requesting payment of any amount for registration on the platform and/or provision of any service, do not make the payment. If you have already paid, notify the police authorities for investigation.
2.3.4 The reading, understanding, and acceptance of these Terms are indispensable for the registration and use of the services offered by Truman Stakeholders to the User, therefore, if in doubt about this term, contact the Truman team, by the following email: [email protected].
2.3.5 By accessing or using the Platform, the User hereby expressly declares that:
- you have read and understood these Terms of Use;
- will comply with these Terms of Use;
- acknowledge and agree to the Privacy Policy;
- has at least the legal age of majority in his/her place of residence and is legally competent to enter into contracts; and
- you are empowered to enter into these Terms of Use in person and, if applicable, on behalf of any organization on whose behalf you have signed up for use of the Platform and to subject such organization to these Terms of Use.
2.3.5.1 The Truman Stakeholders reserves the right to amend these Terms from time to time. In case of doubt, the User should consult [email protected]
2.4. Intellectual Property
2.4.1. The elements and/or tools found on the Platforms are either owned by or licensed to Truman Stakeholders, subject to intellectual rights by Brazilian laws and international treaties and conventions to which Brazil is a signatory. All trademarks are owned, registered, and/or licensed by Truman Stakeholders. ("Intellectual Property")
2.4.2 All content on the Platform (other than Partner Generated Content), including but not limited to text, information, data, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, and other content ("Content") are protected by applicable laws and copyright laws and is solely owned by Truman Stakeholders. Such elements and/or tools may not be used, altered, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose without the prior written consent of Truman Stakeholders.
2.4.3 Although Truman Stakeholders grants permission for Users to use its products and services as provided in these Terms, this does not imply authorization to use its Intellectual Property, except with the prior and express consent of Truman Stakeholders. In any case, Users who use these products and services may not use Truman Stakeholders Intellectual Property in a manner that confuses the public, and must carry out their commercial activity under their own trademark or trade name, which is not confusable with the trademark of Truman Stakeholders,
2.4.4 It is prohibited to use Truman Stakeholders products or services for illegal purposes, to perform any type of reverse engineering or derivative works, to use tools to search or extract data and content from our platform for reuse and/or to create own databases that include, in whole or in part, our content without your express authorization. Misuse, without authorization and/or contrary to current rules and/or that generates confusion or implies defamatory use and/or that causes damage, damage or loss to Truman Stakeholdersis also prohibited. The use of Truman Stakeholders products and services also does not imply authorization to use third-party intellectual property, the use of which will be the sole responsibility of the User.
2.4.5. Any intrusion, attempt to, or activity that violates or contravenes the laws of intellectual property law and/or the prohibitions stipulated in these Terms, will make the person liable for the relevant legal actions, and will also be liable for compensation for any damages caused.
2.5. Restrictions on Use of the Platform
2.5.1. You may not use the Content for your use. You agree not to alter or delete any proprietary notices of materials downloaded or printed from the Platform. The User não poderá: (i) obtain, store, disclose, market, and/or use personal data about other Users for commercial or illicit purposes or, even for legal purposes, without the permission of the holder; (ii) use automatic means, including spiders, robots, crawlers, data capture tools or similar to download data from the website (except Internet search tools and non-commercial public files) under penalty of incurring cybercrime, following the express provision in art. 154-A, of the Brazilian Penal Code; and (iii) circumvent, or attempt to circumvent, in any way whatsoever, the system, mechanism, and/or platform of the website.
2.5.2. The functionalities of the Platform are offered in the form of service provision, not granting the User any right over the software related to the Platform or its computer structures that support it. Nothing in these Terms shall be construed as granting any intellectual property license to you.
2.5.3. In the event of damages arising from acts performed through access to the Platform or to third parties, the User shall bear all obligations to indemnify the injured party, assuming the liability of the lawsuit or administrative proceeding and requesting the exclusion of Truman Stakeholders, and shall bear the related expenses and procedural costs, leaving it free of loss and burden.
2.6. Protect your Username/Password
2.6.1. You are responsible for any actions that may occur while using your Truman Stakeholders' account. Protect your username and password and do not allow anyone else to use your username and password to access the Platform. Truman Stakeholders is not responsible for any loss resulting from the unauthorized use of your username and password, with or without your knowledge.
2.6.2. The User undertakes to notify Truman Stakeholders immediately, through the contact channels maintained by Truman Stakeholders, of any unauthorized use of their account. The User will be solely responsible for the operations carried out on his account since access will only be possible through the use of a password of his exclusive knowledge.
2.7. User Generated Content
2.7.1 We may understand as “User Generated Content" any communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other similar content that you and/or other users of the Platform publish or make available on networks other than the Platform, this does not apply to content produced or entered on the platform by Truman Stakeholders.
2.8. Duties
2.8.1 Truman Stakeholders shall retain the following fees for its services, discounted directly from the total amount paid by the User in the acquisition of goods, products, and/or services on the Platform:
Discounted fee | |
Marketing of products and services or donations received within the platform | Ten percent (10%) |
Products created by Truman Stakeholders as digital assets, immersive experiences in partnership with Partners and/or a company integrated into the Platform. | 20% (twenty percent) |
Solid Waste | 6% (six percent) |
Products derived from reverse logistics solutions | [•] |
2.8.2 The Truman Stakeholders may modify or eliminate the tariffs at any time with due notice of at least one (1) day in advance. In the same way, we may modify the rates temporarily for promotions in favor of the Users. The promotions will be organized by free deliberation of Truman Stakeholders and do not constitute any type of promise and/or guarantee of value, and may be suspended following the current regulation.
You agree that promotional offers:
- may only be used by the public for which they are intended, for the intended purpose, and in a lawful manner;
- subject to the specific terms Truman Stakeholders sets forth for such promotional offers;
- may not be duplicated, sold, or transferred in any form, or made available to the general public, unless expressly permitted by Truman Stakeholders;
- may not be redeemed in the form of cash or cash equivalent; and
- are not valid for use after the date indicated in the promotional offer.
2.8.3. For billing purposes, the buyer, when making purchases on the platform, will pay two invoices, one equivalent to the waste, in the amount of 94%, and another equivalent to the intermediation of Truman Stakeholders, in the amount of 6%.
2.8.4. The Truman Stakeholders reserves the right to withhold or deduct credits or benefits obtained through a promotional offer in the event Truman Stakeholderes determines or believes that redemption of the promotion or receipt of the credit or benefit was affected in an erroneous, fraudulent, unlawful manner or violation of the applicable promotion terms or these Terms.
2.8.4 The Truman Stakeholders reserves the right to modify or cancel an offer at any time for any reason without incurring any liability. Any credit and/or Seeds issued by Truman Stakeholders is subject to such specific terms as Truman Stakeholders may establish and may not be redeemed for cash and kind or cash equivalent. After the 12-month expiration date, the seeds may be removed from your Account.
2.9. Seeds
2.9.1 In this act, you are aware that you may receive a percentage of the amount paid for the acquisition of goods, products, or services on the Platform in a points system called Seeds, as already described above.
2.9.2 The User may also purchase Seeds on the Platform, provided that the seeds will be made available upon actual payment, depending on the compensation period of the payment method used. The value of each 1 (one) seed will be 0.80 cents. Truman Stakeholders will confirm the payment by the user on the Platform and automatically make the equivalent amount in Seeds available to the User so that they can carry out the intended transactions within the Ecosystem.
2.9.2.1 In all cases, the purchase value for a given product and/or service by the User will be informed by the value in Seeds for the acquisition of the respective item, also considering the retention rate of Truman Stakeholders, as described in item 2.8.1 above, to be held and compensated according to the tax data made available by the Users at the time of registration of their account.
2.9.3 Thus, at this moment you express the unequivocal knowledge that once the amount is deposited on the platform, the Seeds eventually acquired by you and not used cannot be redeemed and/or converted into currency, regardless of the term of acquisition of the Seeds and/or the form acquired. All amounts deposited on the Platform shall be exclusively used on the Platform to promote the intended socio-environmental projects.
3. USER CONDUCT RULES
3.1. Be Responsible.
You are solely responsible for your Generated Content, your interactions with other users, and your activity on the Platform. Do not do anything or publish anything that may expose Truman Stakeholders or their users to any type of damage or liability. Truman Stakeholders reserves the right to delete all Content and User Generated Content that, in its sole discretion, it deems offensive or inappropriate for Truman Stakeholders and/or its users, safeguarding the right of entry with the appropriate action claiming reparation and indemnity.
3.2. Be Relevant and Constructive.
Stick to the topic and post only constructive questions and comments. Unless requested by the Platform feature, do not talk about policies, future products, speculation, or rumors about Truman Stakeholders and Truman Stakeholders' products, or about anything else that is not part of the topic.
3.4. Be Caring and Appropriate.
Exaggerations and insults are prohibited. Do not post any Content, or a link to a website, that, in Truman Stakeholderssole discretion, is illegal, offensive, accusatory, defamatory, invalid, inciting, misleading, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, threatening, frightening, intimidating, abhorrent, abusive, vulgar, obscene, pornographic, violent, sexually explicit, that invades privacy, publicity, intellectual property, proprietary or contractual rights, offensive in a sexual, racial, cultural, or ethnic context, that will threaten or harm the safety or privacy of others, or that is objectionable. Do not post someone else's photos or videos without their consent. Do not threaten, intimidate, abuse, harm, or harass another person or user of the Platform.
3.5. Be Private.
Do not post personal data that does not relate to the topics. Do not collect or request personal data from other users of the Platform or send unsolicited emails or other communications. Do not collect, use, or post on the Platform personal data or proprietary information of any other person without their consent or for illegal purposes.
3.6. Be Personal.
Do not post any advertising, solicitation, or commercial content of any kind on the Platform or accept payments from third parties in exchange for conducting commercial activity on the Platform. Do not post any User Generated Content that involves the transmission of "junk mail," "chain letters," unsolicited bulk email, or "spamming.” Do not use automated scripts to collect information from, or interact with, the Platform.
3.7. Be Yourself.
Do not impersonate any person or entity, including, but not limited to, athletes or Truman Stakeholders' employees. Do not give a false impression of yourself, your age, or your affiliation with any person or entity. Do not create records for more than one Truman Stakeholders account, do not create records for a Truman Stakeholdersaccount, do not create records for a Truman Stakeholders account on behalf of another person, group, or entity, or do not sell or transfer your profile or account. Do not use, or attempt to use, someone else's account, username, or password. You must not allow any third party to use your account. You are responsible for keeping your password secure and secret, and Truman Stakeholders are not responsible in this regard. If you are using a computer, which others also have access to, you must log out of your account after using the Platform.
3.8. Be Original.
You certify that you own or control all rights in any User Generated Content that you post on the Platform. You are responsible for ensuring that any User-Generated Content posted does not infringe or violate the rights of any other person, whether now or in the future, including copyrights, trademarks, patents, trade secrets, privacy, publicity, or other personal property rights. You warrant that you will not post any content unless you are the owner or have permission from the owner to post such content.
3.9. Be Cool.
3.9.1. Do not post any User-Generated Content, take any action, or use the Platform in a manner that violates any law, creates liability, or promotes illegal activities. Do not do anything on the Platform to interfere with, disrupt, damage, disqualify, disable, overload, or limit the functionality of any software or hardware, telecommunication equipment, or the Platform or the activities and operations of Truman Stakeholders. Do not post content that contains software viruses, programs, or other computer code. Do not circumvent or modify any security technology or software of the Platform.
3.9.2. The use of a device, software or other resource that may interfere with Truman Stakeholders, activities and operations, as well as their accounts or databases, is prohibited.
4. GENERAL RULES FOR USER-GENERATED CONTENT
4.1. Content Is Not Preselected
The Truman Stakeholders does not pre-select or perform prior editorial control of User Generated Content. Truman Stakeholders não garante que a Plataforma esteja isenta de Conteúdo Gerado pelo Usuário que seja incorreto, fraudulento, ofensivo, ameaçador, difamatório, ilegal ou censurável. A Truman Stakeholders does not warrant that the Platform is exempt from User Generated Content that is incorrect, fraudulent, offensive, threatening, defamatory, illegal, or objectionable. Truman Stakeholders merely acts as a passive channel for such distribution and does not undertake or have any obligation or liability related to any User Generated Content or user activities on the Platform. Even if Truman Stakeholders elects to monitor any User-Generated Content, Truman Stakeholders reserves the right to edit, remove, or refuse to publish any User-Generated Content or terminate your registered account if you believe you are in disagreement with these Terms or by court order.
4.2. Truman Stakeholders' Rights to Your Publication à Sua Publicação
Your User Generated Content is not confidential or proprietary to you. You grant and warrant that you have the right to grant, Truman Stakeholders the non-exclusive, irrevocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any form or media currently or hereafter developed, for any purpose, commercial, advertising, or including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign, and market without you receiving any payment.
4.3. Copyright Infringement Claims
If you feel that your work has been improperly copied and posted on the Platform to the extent that it constitutes an infringement, we need you to provide the following information: (1) name, address, telephone number, email address, and electronic or physical signature of the current right owner or the person authorized to act on your behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material you claim has been infringed is located on the Platform; (4) a written statement that you are acting in good faith and believe that the disputed use is not authorized by the copyright owner, its designee, or the law; and (5) a statement written by you, under penalty of fine or perjury, stating that the above information in your communication is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner. These requirements shall be followed to provide Truman Stakeholders with legally sufficient notice of the breach. Please send claims of copyright infringement to the following email address: [email protected]. We suggest that you consult your attorney before filing a notice with the Truman Stakeholders, copyright representative, as there may be penalties for false communications.
4.4. Links
The Platform may contain links to websites, applications, or other products or services operated by third-party Platforms "). Truman Stakeholders does not endorse, monitor or have any control over these Third-Party Platforms, which have individual terms of use and privacy policies. Truman Stakeholders is not responsible for the content or policies of Third-Party Platforms and access to these Third-Party Platforms is at your own risk. It is, therefore, the User's duty to read any Terms of Use and Privacy Policy of the accessed portal and act as determined.
4.5. Mobile Services e Issues Arising from the Use of the System
4.5.1. The Platform contains services and features that are available for some Mobile Devices. Your carrier's standard rates and fees apply. Not all mobile services will work with all carriers or all Devices.
4.5.2. The Truman Stakeholders is not responsible for any vice, damage, injury, or loss suffered by the User due to failures in its internet connection, with its provider, in the system, or in the server used by the User, resulting from third-party conduct, acts of God or force majeure.
4.5.3. The Truman Stakeholders is not responsible for the compatibility between its Platform and User-owned hardware. The User shall keep their equipment up to date and shall not hold Truman Stakeholders liable if the Platform is not accessible on outdated equipment.
4.5.4. The Truman Stakeholders will also not be liable for any viruses, trojan, malware, spyware, or any software that may damage, change settings, or infiltrate User's equipment as a result of accessing, using, or browsing the internet, or as a consequence of the transfer of data, information, files, images, text, or audio.
4.5.5. By using Truman Stakeholders, mobile services, you agree that we will communicate with you electronically on your Mobile Device. If you change or deactivate your mobile number, you must immediately update your account information to ensure that we will not send your messages to someone else.
4.5.6. By using Truman Stakeholders and accepting these Terms, the User accepts and authorizes the sending of information and promotional materials by Truman Stakeholders, via email, SMS, or other digital means of communication.
4.5.7. To request the interruption of the sending of information and promotional materials, the User must contact Truman Stakeholders at: [email protected]
4.6. User Interaction Disclaimer
You are solely responsible for your interactions with other users, whether online or in person. Truman Stakeholders is not responsible for or subject to, any loss or damage resulting from any interaction with other users of the Platform, from people you meet through the Platform, or people you encounter because of the information posted on or through the Platform. You agree to take appropriate precautions in all interactions with other users on the Platform and to conduct any necessary due diligence before meeting with anyone. Truman Stakeholders is under no obligation to engage with any user's dispute but may engage, at its discretion.
4.7. Warranty Disclaimer
4.7.1. The Truman Stakeholders is not responsible for or subject to, any User Generated Content or other Content. The Platform performs the intermediation between the products offered on the Platform and the Users, in this way they are provided "as is". To the fullest extent permitted by law, Truman Stakeholders disclaims any warranties, express or implied, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.
4.7.2. The Truman Stakeholders does not warrant and does not promise any specific results from the use of the Platform.
4.7.3. The Truman Stakeholders does not represent or warrant that the Platform will be uninterrupted or error-free, that any defects will be corrected, or that this Platform or server that makes the Platform available is free of viruses or any other harmful material.
4.7.5. The Truman Stakeholders reserve the right to change all Content and other items used or contained on the Platform at any time without notice. The amendment of these Terms of Use and the Privacy Policy will comply with the provisions of the items below.
4.8. Responsibility of the Parties
4.8.1. The User is solely and exclusively responsible for their use of the Platform and for the information they provide, responding, following the law, for any damages that they may cause to Truman Stakeholders, professionals, and/or third parties hired by it, by the Partners or any third parties. Especially concerning personal information, the User must be careful to keep it always updated, being responsible for the veracity of the data provided.
4.8.2. The User is solely and exclusively responsible for all burdens and responsibilities arising from the acts performed on the Platform.
4.8.3. The User may not use the Platform to perform acts that violate ethical and moral standards or the applicable legal rules, and distortion of the purpose of the services is prohibited. For example, the User may not perform acts that: (a) violate the privacy, data protection, and honor or tarnish and harm third parties; (b) violate the intellectual property rights of third parties; (c) are intended to obtain unlawful access to third party data or by Truman Stakeholders; (d) mislead third parties.
4.8.4. The Truman Stakeholders will use its best efforts, without any obligation, to provide prior communications about any interruptions or unavailability, as well as to restore the condition of the services and the Platform, as soon as possible. Examples of causes of interruptions or unavailability are acts of God or force majeure; harmful actions of third parties that prevent the provision of services or the continuity of the Site (hacker, virus, etc.); periodic technical maintenance; lack of electricity; failures in data transmission networks; etc.
4.8.5. The User certifies that he uses the services of Truman Stakeholders by his free and unimpeded choice and acknowledges and accepts as his sole responsibility and risk the use of Truman Stakeholders, as well as the consequences and results of its use.
4.8.6. The User acknowledges and declares that it understands and is aware of all the risks involved in the use of Truman Stakeholders, undertaking to use the diligence and care reasonably necessary and expected of someone who uses the services provided by Truman Stakeholders.
4.8.7. The Truman Stakeholders does not warrant the quality, suitability, safety, or ability of third-party suppliers. You agree that the entire risk arising from your use of the services and acquisition of the products of the Partners, and any service or good ordered in connection therewith, remains solely with you, to the fullest extent permitted by applicable law.
4.8.7 Therefore, Truman Stakeholders is not responsible and shall not be held liable for:
- damage/defect/change of item/property of the original condition of the products due to any difficulty of delivery and withdrawal of the products offered by the Partners;
- item/property already damaged/defective/altered before being made available on the Platform by the Partners;
- quality of the Services, as it depends entirely on the partners, who, ultimately, are providing you with services strictly restricted to the Platform;
- any booking that is not accepted by the Partners and/or Users;
- any damages resulting from the use or inability to use the services, including damages caused by misuse of the services, error in the call center number, network problems, malware, viruses, or any inaccuracy or incompleteness;
- adequacy of mobile phones email or any other means of communication. You will be responsible for promptly reporting errors, if any, that have occurred in the information sent to you regarding the booking confirmation;
- any direct, indirect, punitive, incidental, special or consequential damages or for any damages, including profits and losses, whether based in contract, tort, negligence, strict liability or otherwise, even if Truman Stakeholders has been advised of the possibility; and
- any item lost and/or impaired during the performance of the Services by the other providers. Truman will attempt to resolve issues incident to the use of the Platform on a "best effort" basis but is not responsible for any loss or damage to the Ecosystem.
4.9. Liability
4.9.1. O Usuário assume responsabilidade pelo uso da Plataforma. A Truman Stakeholders shall not be liable for direct or indirect damages resulting from the use or inability to use the Platform the performance of products purchased through the Platform or the conduct of other Platform Users.
4.9.1.1. The User will hold harmless Truman Stakeholders, its service providers, and/or related third parties, as well as those who direct, succeed, manage, represent, and/or work in it, before any administrative or judicial claim initiated by other Users and/or Partners or by any entity, about its activities in the Ecosystem.
4.9.2. The Truman Stakeholders is not responsible for technical and/or operational defects or defects arising from the User system or third parties.
4.9.3. The Truman Stakeholders follows the security standards commonly used by companies working online to ensure the security of the information sent by Users and to their Platforms. However, no method of transmitting or retaining electronic data is fully secure and all may be subject to external attacks, which will not be the responsibility of Truman Stakeholders.
4.9.4. The Truman Stakeholders is not responsible for the full and uninterrupted activity of the Platform, whose correct operation depends on the access and traffic of data between Users' computer terminals and the servers owned or contracted by Truman Stakeholders, not having interference due to failures in the world wide web or the network itself and telecommunication services provided by internet access providers.
4.9.5. The Truman Stakeholders does not guarantee that the platform will always be free from errors, interruptions, fluctuations, or losses of stored content, and therefore cannot be held responsible for moral or material damages caused to Users, as well as for any loss of profits, due to any inconsistency in the operation of the platform.
4.9.6. The User agrees that Truman Stakeholders will not be liable for any damages or losses caused to their mobile device(s), computer(s), or any other electronic equipment, as a result of accessing and using the platform.
4.9.7. The Truman Stakeholders will not be responsible for errors or interruptions in the provision of information by independent service delivery systems, such as payment systems and servers, or by integrated websites managed by third parties. Such integrated systems and websites only seek to bring greater convenience to Users, and Truman Stakeholders have no influence or responsibility for the content made available.
4.9.8. The Truman Stakeholders recognizes the duty to assist and cooperate with any judicial authority or governmental body, for which it is available, and may send registration or business information of its Users when it considers that its assistance or cooperation is necessary to protect its Users, employees, collaborators, administrators, partners or any person who may be harmed by the action or omission combated.
4.10. Rescisão
4.10.1 The Truman Stakeholders reserves the right to close your account, delete your profile and any User Generated Content created by you, and restrict your use of all parts of the Platform, in the event of violations of these Terms and Conditions, as well as the Privacy Policy, for any reason, without notice, and liability to you or any other person. Truman Stakeholders also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the Platform. You understand and agree that some of your User Generated Content, even those that are displayed outside of your profile, in activity feeds, in other parts of the Platform, or on other platforms (e.g.: Facebook, Twitter, Google, Instagram, etc.) may continue to appear on the Platform or any other platforms, even after the removal of your User Generated Content or after the termination of the account.
4.10.2 In the event of sanctions, especially with the withdrawal of the Ecosystem User's account, no pecuniary consideration will be due by Truman Stakeholders to the banned User, and there will certainly be no modality of converting their Seeds into pecuniary currency, considering that the Seeds are a benefit granted to the user for exclusive use within the Platform, thus the user must choose for what purpose they must give their seeds, donations to sustainable initiatives or purchase products and services from sustainable initiatives, restricting and prevailing the use of their seed coins exclusively within the platform.
4.10.3 If the User wishes to deactivate their account, they may contact Truman Stakeholders by e-mail: [email protected] or directly with the Partner.
5. PRIVACY POLICY
5.1. These Terms are subject to the provisions and conditions related to privacy and data protection indicated in the Truman StakeholdersPrivacy Policy, which can be accessed at the following link: https://trumanstakeholders.com.br/politica-de-privacidade
6. GENERAL PROVISIONS
6.1. These Terms do not generate any partnership, mandate, franchise, or employment relationship between Truman Stakeholders and the User and/or Partners.
6.2. If any clause, provision, obligation, or restriction of these Terms or the Privacy Policy is, by a competent court or other authority, considered invalid, void, or unenforceable, all other terms, provisions, obligations, and restrictions shall remain in full force and effect, and may not be in any way affected, impaired or invalidated.
6.3. Acceptance by either party concerning any breach of these Terms or the Privacy Policy or its failure to exercise any right granted by them shall not be deemed to be novation or waiver concerning any future breach, whether similar or not, or the exercise by either party of any future right conferred by these Terms or the Privacy Policy. Neither the course of conduct between the parties nor the business practice will modify these Terms.
6.4. This Platform, the Terms of Use, the Privacy Policy, and any dispute between you and Truman Stakeholders shall be governed in all respects by Brazilian law. All disputes, claims, and legal proceedings arising directly or indirectly or related to this Platform (including, but not limited to, the purchase of Truman Stakeholders, will be resolved individually, without recourse to any form of class action, and exclusively in Brazilian courts.
6.5. The Truman Stakeholders may assign its rights and duties under these Terms and the Privacy Policy to any party at any time without notice to you.
7. MODIFICATIONS OF THE GENERAL TERMS AND CONDITIONS
7.1. The Truman Stakeholders may amend, at any time and in its sole and exclusive discretion, these Terms. The new Terms shall become effective ten (10) days after they are published on the Platform. Within a period of up to thirty (30) days, counted from the publication of the modifications, the User shall inform, by e-mail, if he/she does not agree with the amended terms. In this case, the contractual relationship will cease to exist, provided that there are no outstanding accounts or debts, being certain that the Seeds shall not, under any circumstances, be reimbursed or paid in cash to the Users. If there is no manifestation within the stipulated period, it will be understood that the User tacitly accepted the new Terms, and the contract will continue to bind the parties, the version in force always being the most recent.
8. JURISDICTION
8.1. All items of these Terms are governed by the laws in force in the Federative Republic of Brazil. For all matters relating to the interpretation, compliance, or any other questioning related to these Terms, the parties expressly agree and elect the Central Forum of the Judicial District of São Paulo.
Any questions, suggestions, or complaints regarding these General Terms and Conditions of Use may be addressed to the following communication channel of the Users with Truman Stakeholders: [email protected]
The User declares to have read, understood and accepted all the rules, conditions, and obligations established in these General Terms and Conditions of Use.
São Paulo, São Paulo, date of acceptance, access, and use of the Platform and other applications.
Update: August 4th, 2023.