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Cluube.com Terms of Use

Version 3: Last Updated December 21, 2020 Welcome to the Cluube.com services! These Terms of Use govern your use of the Cluube.com platform and provide information about the Cluube.com Service, which is a SaaS (Software as a Service), service that acts only as a structure for the account, order and sole responsibility of companies and people, both contractors. Each company or person is solely responsible for the content, rules, promotions and acts they perform in their Cluubes, as details are described below. When you create an account on Cluube.com or use Cluube.com, you agree to these terms. Please read these access rules very carefully before registering on cluube.com and in the relationship areas of the cluube.com contractor(s). After reading these access rules, the USER must declare himself aware and in accordance with their terms through the action "mouse click" in the option "I have read, I am aware and I accept the terms of use", which will be dated, registered and kept in a computer system of "Grupo 1a1". The declaration of acknowledgment and acceptance of the access rules are absolutely essential for the USER to register in any relationship area of ​​contracting party(s) of cluube.com. If you do not accept these terms in their entirety, do not register or otherwise participate in cluube.com. By this private instrument (interactive electronic contract), on the one hand: FD Corp Engenharia e Serviços de Informática e Automação Ltda, a legal entity governed by private law, registered with the CNPJ/MF under No. 09.508.481/0001-15, headquartered at Rua Juruá, n° 603, in Belo Horizonte/MG Brazil, herein represented in accordance with its Articles of Incorporation, hereinafter referred to as Grupo 1A1, and, on the other hand, Contracting Party, an individual or legal entity that, through the World Wide Web (Internet) , accessed the Cluube.com platform, started and completed the registration procedure, and, therefore, hiring; Grupo 1a1 and CONTRACTING PARTY, hereinafter referred to jointly as PARTIES and each of them, individually and indistinctly, as a Party, has between them, fair and agreed this interactive electronic service provision contract, which will be governed by the following Clauses below .


We offer you the Services on the Cluube.com platform. The Services include Cluube.com features, applications, services, technologies and software options that we provide to promote Cluube.com's mission: to strengthen both sides of the relationship between people and the things they love, with mechanisms that allow to encourage, retain and reward participants with simple fun, content or promotions. The Service comprises the following aspects (the Service). -Offer personalized opportunities to make actions and campaigns interactive, engage, educate, encourage and retain loyalty. We want to strengthen direct relationships through mechanics that allow encouragement on the one hand, fun and reward on the other, whether tangible or emotional. Each person or company creates its own Cluube (online relationship environment), invites USERS who form its audience, creates diverse or thematic content with elements and mechanisms to promote, encourage and reward engagement, learning, purchases and loyalty, in accordance with the rules created by each CONTRACTING PARTY. -We have the following main areas and concepts 1.1.CONTRACTING PARTY: individual or legal entity that has contracted the services of the Cluube.com platform, provided by the Grupo 1A1, aiming at the simple participation in other Cluubes, with the creation of their Personal Cluube; or even for the creation of a Fan Cluube or a more advanced Cluube, capable of helping in a relationship marketing project to identify and classify your audience and consumers, and thus create a relationship of engagement, incentive and loyalty with them. The CONTRACTING PARTY will be responsible for creating and managing its Cluube, as well as being solely responsible for all its contents, all its promotions and relationship rules that it establishes, responding directly to the USER. USER is a reference to a CONTRACTING PARTY in the context when he or she participates in other Cluubes that do not belong to him or her. 1.2. Cluube.com : Identification of the "software as a service" owned by Grupo 1a1 licensed to the CONTRACTING PARTY so that it can use it for the chosen purpose(s), for example, to elaborate its relationship project and offer content and different types of promotions to its participants. 1.3. Account and Personal Cluube: When a person completes their registration, their personal account is created, which is their Personal Cluube. It is an online space that can be personalized and is intended for that person (USER). The USER may participate in the relationship marketing project of several CONTRACTING PARTIES (that is, may participate in several Cluubes). In your Personal Cluube, the USER will be able to centralize the visualization and administration of the Cluubes in which he/she has chosen to participate, in addition to searching for others, according to his/her interest, as well as recognizing that we may show him/her paid advertisements and/or according to the relevance from algorithms that analyze your data and participation history. In addition, you will be able to access other features available according to the contracted version, for example, functions such as highlighting posts and activities of the Cluubes in which you participate, and even posting content. Registration and usage data are shared between Cluube partners and the companies whose Cluubes each USER chooses to participate, and may be made available to its partners. Therefore, only report data that you want to be shared with companies. After all, the main reason for using Cluube, participating in the relationship programs of other CONTRACTING PARTIES is that they can use this data to create adherent content with their data, profile and use; in addition to possibly also create relevant promotions based on this information. The USER may also create a network of USER Friends (who will have other Personal Cluubes) with whom he may share information about the aforementioned relationship programs of which he is a part, among other features. 1.4. Cluube : personalized online space within the Cluube.com platform, created and managed exclusively by the CONTRACTING PARTY, which will contain the contents, eventual promotions, rules and gamification elements of the relationship programs, loyalty and cashback rules, specific terms of use and other advertisements of the CONTRACTING PARTY. USERS may have access to the Cluube of each CONTRACTING PARTY, accessing through Login and personal password, entering the customized address of each Cluube or through their Personal Cluube. In each Cluube, the USER will be able to view the contents, rules of promotions, discounts, and accumulated balances of the CONTRACTING PARTY's loyalty programs, as well as manage the use of said balance, participate in polls, surveys, other activities proposed by the CONTRACTING PARTY, as well as how to manage personal data from your profile, among other features. Each CONTRACTING PARTY is solely responsible for choosing the rules, contents, advertising and use of their relationship (their Cluube), responding separately to the USER. 1.5. Cashback: Form of special points, with no monetary value, unless defined in the specific rules of the CONTRACTING PARTY's Cluube. These special points are given in return to the USER for the expenses incurred by him in the acquisition of products and/or use of the services provided by the CONTRACTING PARTY, through the creation of a special balance to be exchanged for promotions, products or services or for discounts with the CONTRACTING PARTY. or its partners. The CONTRACTING PARTY is solely responsible for choosing the rules, advertising and using the cashback adopted by him, responding separately to the USER. 1.6. Gamification: Technique of using elements and game mechanics (games) to bring a playful and fun environment to the USER, in which the public does activities defined by the CONTRACTING PARTY and are rewarded with points, badges, change their level (status), participate in ranking, among other features. The USER is aware that recreational points, badges, levels and other elements are recreational only, have no value or financial backing, and are not a guarantee of any kind of tangible or emotional reward that has not been clearly and previously promised directly by the CONTRACTING PARTY. . Eventually the points and badges can be used to unlock physical or virtual, tangible or emotional benefits or promotions, whose criteria, limits and rules are defined by the CONTRACTING PARTY, responding separately to the USER. 1.7. Partners: natural or legal person who is also a CONTRACTING PARTY of the Cluube.com platform, who accepts to carry out disclosures, promotions and joint actions with other CONTRACTING PARTIES using the Cluube.com functionalities. 1.8. Management Area: existing online space on the website www.cluube.com (or at any other online address), available, at the discretion of Grupo 1a1, for more advanced versions of the Cluube.com platform, intended for the CONTRACTING PARTY, which may be accessed by this through the use of the login and personal access password. The CONTRACTING PARTY must use the management area to create and manage their Personalized Area of ​​the Cluube; manage your audience's registration, manage your cashback, gamification, promotions and eventual partnerships made, check results and information about your relationship marketing project, among other features; 1.9. Operation Area: existing online space on the website and in apps of cluube.com, intended for the CONTRACTING PARTY, which can be accessed by the CONTRACTING PARTY and by its employees through the use of the Login and personal access password, to register the USERS, the records of the activities and eventual purchases made by them, as well as to grant credits, charge the use of points, register the use of promotions, among other features; 1.10. Services not included: No type of support, service, consulting, operation or anything other than the availability of the software for the use cases that are demanded by the CONTRACTING PARTY, under its responsibility, is included. Each CONTRACTOR may, if desired, choose an agency or a consultant who can support him from the conception to the operation of his project. In choosing to surround themselves with such help, they do so at their own risk and free choice. The CONTRACTOR can offer a training and certification process for Advertising Agency or similar, as well as for consultants, so that they can feel safer to support their customers, they will be called HEADS. Eventually, and under the sole discretion of the CONTRACTOR, the certification process can guarantee access to plans, features and special prices and its main objectives are to encourage studies on good practices, methodologies and knowledge about the features offered with their respective use cases. Any special conditions will be offered and described at specific addresses within Cluube.com. The CONTRACTING PARTY must enter into an additional and private contract with such professionals describing the scope and values ​​for the provision of their services. The CONTRACTING PARTY is aware that there is no type of link between the CONTRACTED PARTY and such professionals are not SELLERS, REPRESENTATIVES OR EVEN, THEY ARE NOT PARTNERS OF THE CONTRACTED PARTY, even those who have gone through any certification process. The choice of the company or professional for eventual help in relation to the project developed using Cluube.com is independent of the CONTRACTOR and driven by trust and by agreements external to the CONTRACTED. Only the CONTRACTING PARTY may define an agency, consultant or HEAD that helps it, as well as dismiss it. The CONTRACTING PARTY may, if desired, identify, within the Management Area, the HEAD code chosen by it, so that it can monitor its level of certification, quality index and results, as well as guarantee eventual access to plans, features and prices specials.


Considering that: 2.1. THE CONTRACTING PARTY IS SOLELY RESPONSIBLE FOR CHOOSING THE AVAILABLE FUNCTIONALITIES THAT HE WANTS TO USE IN HIS RELATIONSHIP WITH THE USER, RESPONDING SOLELY TO THE USER. THE CONTRACTING PARTY IS SOLELY RESPONSIBLE FOR THE RULES, CONTENT, ADVERTISING OF ITS CLUUBE, THEREFORE, OF ITS RELATIONSHIP, RESPONDING SOLELY TO THE USER; 2.2 Grupo 1a1 is the copyright owner of the "CLUUBE.COM" platform, consisting of a set of interfaces of an AS-IS web system (as it is at the moment, including subject to change over time) ; 2.3. The CONTRACTING PARTY wishes to use the Cluube.com platform, aiming to create a direct relationship with its target audience, and to develop a network of partners; 2.4. The CONTRACTING PARTY declares and guarantees that all the information made available for the registration and use of the services contracted herein are true, exact and complete, being obliged to inform Grupo 1a1 of any change in such data, within 5 (five) days of the effectiveness of the changes. 2.5. The PARTIES expressly agree and acknowledge the full validity and effectiveness of this agreement, carried out through the Internet, also recognizing that the general conditions of this contract may be complemented and/or amended, at any time, by the data of the contracting proposal, communications of acceptance, electronic records of the CONTRACTING PARTY's actions and changes, inclusion and/or exclusion communications made by the Grupo 1A1 regarding the products and services, which will become part of this instrument.


3.1. The purpose of this contract is the provision of services by the Grupo 1A1 to the CONTRACTING PARTY through the use of the cluube.com platform, a WEB software, AS-IS, aiming to establish a relationship between the CONTRACTING PARTY and its Public (USERS) and Partners; 3.1.1. To enable the use of cluube.com, Grupo 1a1 grants the CONTRACTING PARTY a license to use the cluube.com software, in the form and only for the purposes of this agreement. The license granted herein is personal and non-transferable. 3.2. The specifications of the services to be provided to the CONTRACTING PARTY vary according to the cluube.com plan contracted by the CONTRACTING PARTY, when carrying out the registration procedure and contracting option, or evolution (upgrade or downgrade); 3.3. cluube.com plans are: 3.3.1. FREE Personal Cluube: simply version so that USERS can manage their registration profile, gather and manage access links to participate in Cluubes for fun or receive promotional rewards from these other CONTRACTORS. The criteria and rules for participation in each Cluube are defined by the CONTRACTING PARTY responsible for the Cluube in question. 3.3.2. Fan Cluube: version available only to CONTRACTORS invited by the CONTRACTED, for an open relationship with unlimited registrations of USERS so that they can follow their posts and earn points with activities such as "like posts", and, eventually, others, at the discretion of the CONTRACTED. USERS may become MEMBERS by becoming part of a special group. In this version, only MEMBERS will be able to earn points with special activities, such as answering questions, as well as having access to exclusive content. Eventually, and under the sole discretion and responsibility of the CONTRACTING PARTY, the MEMBERS may also have access to content created by the CONTRACTING PARTY and access to exclusive promotions for which it is solely responsible. The CONTRACTING PARTY may choose to contract a package of codes, for the value and rules stipulated by the CONTRACTED PARTY, in order to offer USERS to become MEMBERS. Eventually, the CONTRACTED PARTY, under its sole discretion, may make resources available to USERS, including by paying a monthly fee, annuity or others, for the amount it wishes for USERS to become MEMBERS. Promotionally, at its sole discretion and for a limited time and for a limited quantity, the CONTRACTOR may make available a number of invitations to FREE MEMBERS. Promotionally, at its sole discretion, the CONTRACTOR may offer other advantages and accesses to both USERS and the CONTRACTING PARTY, always for a limited time and with a fixed term, whose rules will be exposed with the administrative part of its Cluube, on a case-by-case basis, for example , to try out features. All non-Member USERS will be able to see advertisements according to item 3.4.1. 3.3.3 Cluube PRO: professional version that allows the inclusion, as provided for in 3.4.2, of advanced features such as, but not limited to: -360 Control: the use of an advanced administrative environment to monitor reports, edit and schedule posts in calendar, editing special activities and questions that were generated automatically; -Inclusion of promotions with coupon validation system; -Cashfication (or Cashback): type of special points that rewards for the purchase; -Inclusion of new special activities, such as answering questions, links and special codes that give points, among others; -Organization of Journeys, which form a route of special activities that can be themed, segmented or sponsored; -Sales store, which enables the commercialization of products, services and promotions (coupons), special access for members, activities, badges, etc. 3.4. The description of the structures, prices and functionalities of each plan, of each functionality, as well as its variations and the optional modules of each one is provided on the cluube.com website or will be sent to the CONTRACTING PARTY and, after carrying out the contracting option online or in writing by the CONTRACTING PARTY, will become an integral part of this contract; 3.4.1. When choosing the FREE plan options (in 3.3.1 and 3.3.2), instead of paying for using the PRO version of Cluube.com, or even, when migrating to the PRO version, but choosing to keep non-Member USERS in your Cluube, you acknowledge that we may show you and USERS, within Cluube's online environment, advertisements from partners or companies that pay us to promote. We use your and your audience's personal and usage data, such as information about your activities and interests, to show you more relevant ads. Some special and limited paid features at CONTRATATA's sole discretion may, eventually, be offered to CONTRACTORS of the FREE versions as a trial; 3.4.2. When choosing to migrate to the Cluube PRO version, the CONTRACTING PARTY may choose to add paid modules that can be contracted separately or together, in special plans, always, in all cases, when available and in accordance with the rules made available under the sole discretion of the CONTRACTOR; 3.4.3. Special values, optional and/or additional services, such as customizations in the cluube.com system; software integrations; extra services and consultancy; planning and elaboration of a personalized project, among others, may eventually and upon consultation be contracted by the CONTRACTING PARTY, through specific negotiation to be carried out between the PARTIES, observing the value of each optional and/or additional service and the availability of the CONTRACTED PARTY. 3.5. During the execution of this contract, new services and/or functionalities may be created and added to the cluube.com plans by the Grupo 1A1, which, eventually, may require specific rules, characterize new business models, new plans and present their own prices. Thus, the use of such services and functionalities by those who are already CONTRACTING PARTIES of any of the cluube.com plans will depend on their prior acceptance, to be carried out in a specific field in your online Account, on each occasion of offering new services and/or or functionalities by Grupo 1a1; 3.5.1. If the CONTRACTOR is not interested in, or does not agree with, the specific rules and prices of any new service and/or functionality, he/she shall not accept it. In this case, the CONTRACTING PARTY will continue to have access to and use only the services and features provided for at the time of the initial contracting and others eventually accepted after such contracting.


4.1. We want our service to be as open and inclusive as possible, but we also want it to be safe and compliant with the law. Therefore, we need you to commit to certain restrictions in order to be part of Cluube.com. The contracting of cluube.com services can only be carried out by people and companies that have full legal capacity, under the terms of Brazilian civil legislation. Persons who do not have this capacity, such as children under sixteen years of age, cannot use the services; 4.2. When registering and hiring cluube.com: -You must be at least 18 (eighteen) years old or the legal minimum age in your country to use cluube. -You may not be prohibited from receiving any part of our Service in accordance with applicable law, nor from engaging in payments relating to the Service if you are on an applicable list of unauthorized third parties. -Your account may not have been disabled by us for violation of the law or any of our policies. -You cannot have been convicted of a sexual offense or any other offense that prevents you from using under the law or our policies. -You must not impersonate anyone or anything other than yourself and you cannot create an account for another person or company unless you have their express permission. -You may not do anything unlawful, deceptive, fraudulent or for an illegal or unauthorized purpose. -You may not violate (or help or encourage others to violate) these Terms or our policies. -You may not do anything that interferes with or affects the intended operation of the Service. -You may not attempt to create accounts, access or collect information in unauthorized ways. This includes creating accounts or automatically collecting information without our express permission. -You may not attempt to buy, sell or transfer any element of your account (including your USER name) or solicit, collect or use login credentials or authenticity seals from other USERS. -You may not post private or confidential information or do anything that violates the rights of others, including intellectual property rights. 4.3. When registering and contracting cluube.com for the plans defined in 3.3 (b) and (c), the CONTRACTING PARTY declares to be over 18 (eighteen) years old or to do so from his legal representative, in addition to being technically able to manipulate the tools available in the software; 4.4. The Grupo 1A1 reserves the right, at its discretion, to choose its contractors and, therefore, each registration will be subject to the prior acceptance of the Grupo 1A1, which, if it understands that a particular CONTRACTOR does not fit the activity profile of the Grupo 1A1, may reject, refuse or remove any posted content, or refuse, restrict, suspend or terminate the CONTRACTING PARTY's access to all or any part of the Cluube.com platform at any time, without any kind of refund of amounts already paid and /or any type of indemnity. In case of suspension and/or closure of a previously approved CONTRACTING PARTY's account, the rules for terminating this contract provided for in Clause 14 shall be observed . 4.5. By registering and subscribing to cluube.com, we do not claim ownership of your content, but you grant us a license to use it. Nothing changes regarding your rights to your content. We do not claim ownership of the content you post on or through the Service. Instead, when you share, post or upload content protected by intellectual property rights (such as photos, text or videos) on or in connection with our Service, you grant us a non-exclusive, free, transferable, sublicensable, worldwide license to host, use, distribute, modify, serve, copy, display or publicly perform. You may terminate this license at any time by deleting your content or account. However, the content will continue to appear if you've shared it with others and they haven't deleted it. 4.6 By registering and contracting with cluube.com, you grant us permission to use your USER name, profile picture and information about your relationships and actions with accounts, advertisements and sponsored content. You grant us permission to display your USER name, profile picture and information about your actions (such as likes) or relationships (Participating Cluube) alongside or in connection with advertisements, offers and other sponsored content that you follow or with which interacts, which are displayed, without payment of any remuneration to you. In the same way as taking actions on other content and following other accounts, taking actions on sponsored content and following sponsored accounts are actions that can be viewed by the general public, according to the Cluube functionalities.


5.1. The registration of the CONTRACTING PARTY who fills in all the mandatory fields of the Registration Data will only be confirmed; 5.2. The CONTRACTING PARTY must create a Login and password to access the cluube.com system, which, if they do not match that of another CONTRACTING PARTY, will be validated by the Grupo 1A1; 5.3. The CONTRACTING PARTY must complete their registration with exact, accurate and true information, assuming from now on the commitment to update their Registration Data, within 5 (five) days whenever there is any change in them; 5.4. Grupo 1a1 reserves the right, if deemed necessary, to use all valid and possible means to identify the CONTRACTING PARTY, as well as to request additional data and documents that it deems relevant in order to check the Registration Data informed; 5.5. When checking the veracity of a CONTRACTING PARTY's Registration Data and verifying incorrect or untrue data, or even if we do not find it within 5 (five) days, or the CONTRACTING PARTY steals or refuses to send the required documents, Grupo 1a1 may definitively cancel the CONTRACTING PARTY's registration, without prejudice to other measures deemed necessary and opportune; 5.6. Grupo 1a1 is not responsible for correcting the Registration Data entered by the CONTRACTING PARTY. The CONTRACTING PARTY guarantees and is responsible, in any case, for the veracity, accuracy and authenticity of the Registration Data informed, as well as for all information regarding the USERS, entered by him in the cluube.com system, ensuring that he is aware of these Terms and authorizes you to enter the data on his behalf; 5.7. If any sanction referred to in these General Terms and Conditions is applied to the CONTRACTING PARTY, the services will automatically be canceled, and for this reason, he will not be entitled to any type of indemnity or reimbursement; 5.8. It will not be allowed to maintain more than one registration or even create new registrations by the CONTRACTING PARTY, whose original registrations have been canceled due to violations of the clauses set out in these General Terms and Conditions; 5.9. The CONTRACTING PARTY will access the cluube.com system through the registered Login and Password, pledging not to inform third parties of this data, under penalty of being fully responsible for their misuse; 5.10. The CONTRACTING PARTY undertakes to notify Grupo 1a1, immediately, through appropriate means, of any unauthorized use of its account, as well as unauthorized access by third parties; 5.11. The CONTRACTING PARTY will be solely responsible for the operations carried out in the cluube.com system, since access to it will only be possible by affixing the Login and Password, whose responsibility and knowledge is exclusive to the CONTRACTING PARTY; 5.12. The CONTRACTING PARTY's employees may have access to the Operation Area, using each employee's own Login and password and under the exclusive responsibility of the CONTRACTING PARTY; 5.12.1. The CONTRACTING PARTY is responsible for providing and for the veracity of the registration data of all its employees authorized to make entries in the Operation Area.


6.1. The Grupo 1A1 may, at any time, modify or update the General Terms and Conditions when necessary to reflect the feedback of the participants and of all CONTRACTING PARTIES, and changes to our products and services aiming at the improvement, improvement of the services provided and adequacy in relation to to what is available, a circumstance that will be previously communicated to the CONTRACTING PARTY for acceptance through emails or the website itself, regardless of the immediate effect of the changes. When we make changes to this statement, we will change the "Last Updated" date at the beginning of this Term. If the changes are material, we will provide a more prominent notice (including, on some services, email notifications of changes to the Terms of Use and Privacy). We will also keep previous versions of these Terms on file for you to review. We will not reduce your rights under this Privacy Policy without your consent. 6.1.1. The changes to the General Terms and Conditions, dealt with in this topic, are not to be confused with the creation and availability of new services and/or functionalities, provided for in item 3.5. 6.2. If the CONTRACTING PARTY disagrees with the changes to the rules and operating procedures of the General Terms and Conditions, it may request the termination of this contract, through formal communication made to GRUPO 1A1 through its online account. 6.2.1. In the event provided for in item 6.2, the termination will only occur after the respective settlement of accounts between the parties, if applicable, observing the terms of this agreement. 6.3. If the CONTRACTING PARTY does not object to the changes made within 05 (five) days, counted from the notification sent by Grupo 1a1 to the email informed in the Registration Data field by the CONTRACTING PARTY, its silence will be interpreted as acceptance of the proposed changes that will become take effect on the date informed by Grupo 1a1.


Without prejudice to the other obligations assumed under this Agreement: 7.1 The CONTRACTING PARTY undertakes to pay, when applicable, for the services contracted as provided for in this agreement, or according to a private agreement between the parties. 7.2 The CONTRACTING PARTY undertakes to facilitate access by Grupo 1a1 to the information necessary for the execution of the contracted services. 7.3 It will be up to the CONTRACTING PARTY to comply with the guidelines and manuals of Grupo 1a1 regarding the access, use and operational execution of the cluube.com contracted by him. 7.4 The CONTRACTING PARTY is exclusively responsible for the operational execution of its relationship marketing project developed through the use of Cluube.com, as well as for its communication to USERS. 7.5 The CONTRACTING PARTY is responsible for preparing and making available for acceptance by USERS, in its Personalized Area (in its Cluube), its own term of use, which complements this, but does not overwrite it, through which it will inform its consumer of all the particular rules of participation in your relationship marketing project, and will provide all necessary information about promotions and other incentive, relationship and loyalty actions that you use. 7.6 The CONTRACTING PARTY is solely responsible for obtaining prior authorization from USERS to use their data and information outside the Cluube environment, as well as if they want to share such data and information with third parties. 7.7 The CONTRACTING PARTY is exclusively responsible for entering into the Cluube.com system, when relevant, through the Operation Area, information on activities, purchases and promotions used by its USERS, responsible for obtaining prior authorization from these USERS, in order to develop the CONTRACTING PARTY's relationship marketing project. The CONTRACTING PARTY declares that he is fully aware that the results and guidelines indicated by cluube.com may derive directly from such data and information. Therefore, in case of incorrect, inaccurate and/or untrue data and information, the relationship marketing project developed through the use of cluube.com will be impaired. 7.8 The CONTRACTING PARTY is responsible for communicating to USERS about promotions, rules of their loyalty program, cashback, gamification, partnerships, among other actions resulting from the execution of the relationship marketing project developed through the use of Cluube.com, both through the Personalized Area, as well as through advertisements conveyed through the various means of communication available to it. The CONTRACTING PARTY is aware that, if he does not make an effective communication, the relationship marketing project developed through the use of cluube.com will be harmed. 7.9 The CONTRACTING PARTY is responsible for preparing all the material that may be necessary and for the respective costs of advertising promotions, loyalty programs, cashback, gamification, partnerships, among other actions arising from the execution of the relationship marketing project developed through the use of from Cluube.com. 7.10 The CONTRACTING PARTY is responsible for the correct and adequate use of cluube.com, pledging not to use it and not to allow its agents, employees and/or third parties to use it for illicit purposes or prohibited by current legislation, or in violation of the present term. 7.11 The CONTRACTING PARTY is responsible for keeping their Login and password to access cluube.com confidential, providing them only to the representative and/or employee responsible for access. 7.12 The CONTRACTING PARTY must keep its web access structure (hardware and software) in perfect working order to enable its access to Cluube.com and, thus, to the AS-IS web system, which will manage the business rules prepared in the relationship marketing project developed through the use of cluube.com. 7.13 The CONTRACTING PARTY must observe the PRIVACY TERMS, for example, observing the privacy of the USERS' personal data, ensuring that there will be no assignment, sale or sharing of information to third parties, even PARTNERS, without the prior and express authorization of the USERS. 7.14 The CONTRACTING PARTY will be exclusively responsible for the partnership proposals that it makes to a PARTNER, for cross actions, as well as for the fulfillment and execution of these, including the financial agreements that are entered into for the execution of the partnership, respecting the rules and business models of Cluube. with. No disclosure or exposure of third-party brands is allowed in the CONTRACTING PARTY's project, unless expressly authorized by Grupo 1A1 or that this scope is duly contracted, upon payment, with values ​​and conditions under consultation. 7.15 The CONTRACTING PARTY undertakes not to use any type of information obtained and/or provided by Grupo 1a1 due to the execution of this contract for purposes other than the relationship marketing project developed through the use of cluube.com, being prohibited the sending of such information to its consumers, partners and/or third parties through spam, emails, messages and/or any other form of communication not previously authorized by Grupo 1a1 and the recipient of the information. 7.16 The CONTRACTING PARTY must ensure the good service of USERS and compliance with their obligations and agreements arising from the relationship marketing project developed through the use of cluube.com. 7.17 The CONTRACTING PARTY will be exclusively responsible for the legitimacy of its services and its relationship and loyalty programs, being responsible for the operation, for its own learning about how to use it and what are the best practices to be adopted, answering to USERS, PARTNERS, employees and/or or third parties for the credits, benefits, promotions and any type of actions taken due to the execution of the relationship project developed through the use of Cluube.com. 7.18 The CONTRACTING PARTY must inform Grupo 1a1 in case of unavailability of the cluube.com website and "GRUPO 1A1" platform through a formal notification by email so that we can resolve any possible problem. 7.18.1 Our Service is provided "as is", and we cannot guarantee that it will function perfectly at all times and that it will be safe from illegal or unexpected actions. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 7.18.2 We also do not control what persons or third parties do or mention and we are not responsible for their (including their) online or offline conduct or actions, expectations, or content (including objectionable or illegal content). We are also not responsible for the services and features offered by other people or companies, even if you access them through our Service. 7.18.3 Our liability for any occurrence on the Service will be limited to the extent permitted by law. We cannot predict all possible impacts that an issue with our Service may have. You agree that we will not be liable for any loss of profit, revenue, information or data, or for incidental, special, indirect, exemplary, punitive or incidental damages arising out of or relating to these Terms, even if we know they are possible. This applies even if we delete your content, information or account. 7.19 The CONTRACTING PARTY undertakes not to practice any act prohibited in these General Terms and Conditions and in Brazilian legislation, under penalty of being liable criminally and civilly for damages caused to GRUPO 1A1, PARTNERS, USERS and third parties, in addition to having the use of the cluube.com definitely cancelled. In this case, the CONTRACTING PARTY will not be entitled to any type of indemnity or reimbursement. 7.20 The CONTRACTOR may not use cluube.com to create cashback, gamification or promote any type of promotion and rules that do not comply with Brazilian legislation and/or are contrary to morals and good customs. 7.21 The CONTRACTING PARTY authorizes Grupo 1a1 to disclose its name and brands on the websites www.grupo1a1.com.br, and www.cluube.com, and results obtained in advertising materials to present it as a customer, without any payment being due by this disclosure. 7.22 The CONTRACTING PARTY undertakes to inform the Grupo 1A1 about the terms of the partnerships it has made with other CONTRACTORS of cluube.com, without using the partnership tools available on the website, but materialized in any form of promotion, or dissemination, program of fidelity, etc. available in the Personalized Area of ​​any of the CONTRACTING PARTIES. The CONTRACTOR may not authorize the disclosure, exposure or cross-action between third parties using this service. 7.23. The execution of a registration by a USER from the private address of a Cluube of a CONTRACTING PARTY shall also depend on the previous reading, acknowledgment and acceptance of these terms, by the USER, in addition to the Contracting Party's own terms of use, existing in its Area Customized for each Cluube; 7 . 24. After completing the registration, the USER, through his personal Login and password, will have access to the Personalized Area of ​​the Cluubes in which he chooses to participate, as well as his Personal Cluube; The USER may be a consumer and participate in the relationship marketing project of several Contractors (various Cluubes). In your Personal Cluube, you can centralize the administration of all of them; The USER and CONTRACTING PARTY declare that they are aware that the provision of services by Cluube.com to the Contractor may be terminated or modified, at any time, regardless of prior notice to the USER, at which time the respective Area of ​​their Personal Cluube will be deactivated or modified. . 7.24.1. The points, badges and any other elements earned in the relationship programs, as well as reaching the levels and other goals, have only a recreational and bonus for fun character due to the activities carried out by the USER, emphasizing that they do not represent or correspond to any financial value. (currency). 7.24.2 There is no obligation for the CONTRACTING PARTY to make available promotions, benefits, prizes, bonuses or advantages to be redeemed by USERS registered in the relationship program, emphasizing that the performance of activities by the USER and the consequent gain of points, badges and other Its purpose is purely recreational and interactive. 7.24.3 In the event of availability, even if eventual and not mandatory, of promotions, benefits, prizes, bonuses or advantages, by the CONTRACTING PARTY, the special rules of said benefits and/or activities, that is, quantities, stock, availability, validity, conditions (quantities, for example, of POINTS and/or BADGES for the acquisition) and limits, will be specified, on a case-by-case basis, along with your communication and must always be observed by the USER and CONTRACTING PARTY. THE DELIVERY OF POSSIBLE BENEFITS MAY BE MADE AFTER AUDITING THE CONTRACTING PARTY RESPONSIBLE FOR THE RELATIONSHIP PROGRAM AND MAY BE CANCELLED BY THE CONTRACTING PARTY, IF ANY IRREGULARITY IS FOUND. 7.24.4 In the event that the USER commits any irregular act in relation to his participation in the Cluubes, we may cancel his registration. 7.25. As a USER participating in the Cluubes that you choose to be a part of, you declare that you are aware that technical problems may occur that may cause interruptions to access the Cluube.com system and/or the CONTRACTING PARTY's own infrastructure. On these occasions, receipts, exchanges, acquisitions and all forms of use of points, cashback balances, prizes and any type of benefits by the USER will also be suspended until the operating conditions are normalized. 7. 26. As a USER participating in the Cluubes that you choose to be a part of, you declare that you are aware that Grupo 1a1, as owner of Cluube.com and provider of services to the CONTRACTING PARTY, has no responsibility for advertisements, promotions, cashback, awards, loyalty programs and any other form of interactivity promoted by the CONTRACTING PARTY, nor by any content published in the Personalized Area of ​​each Cluube. 7.27. As a USER participating in the Cluubes that you choose to be a part of, you also declare that you are aware that each Cluube CONTRACTOR is solely and exclusively responsible for providing all information and for clarifying the USER's doubts about its relationship marketing program, promotions, cashbacks, loyalty, content, awards and any other form of interactivity promoted, as well as executing them; 7.28. The USER who only uses the free version with his Personal Cluube declares that he is aware that he does NOT have a consumer relationship with Grupo 1a1 and with Cluube.com, on the contrary, he is a contractor for access to the cluube.com system so that he can relate with other Cluubes, also contracting parties in which they will eventually have a consumption relationship. cluube.com only makes available to the USER easy and agile ways of administering the relationship program(s) of the CONTRACTING PARTY(S) that the USER participates or wishes to participate, providing from a unique password to access relationship programs of several CONTRACTING PARTIES, to the use of a universal identifier for login. 7.29. As a USER participating in the Cluubes that you choose to be a part of, you declare that you are aware that the CONTRACTING PARTY is solely and exclusively responsible for obtaining any type of license and/or authorization necessary to carry out advertisements, promotions, loyalty programs, awards, cashbacks, content and any other form of interactivity; 7.30. As a USER participating in the Cluubes that you choose to be a part of, you declare that you are aware that the CONTRACTING PARTY is solely and exclusively responsible for responding administratively and legally for any claim, damage, indemnity and/or other convictions arising from its relationship marketing program, advertisements, promotions. , cashbacks, content, loyalty programs and any other form of interactivity promoted with the USER, Partners, Grupo 1a1 and third parties. 7.31. As a USER participating in the Cluubes that you choose to be a part of, you must carefully observe the authorization requests contained in the Contractor's Personalized Area (each Cluube), as well as any other means used by the Contractor at his point of sale and/or establishment to obtain data. personal data and information about the USER, since their data and information may be used by the Contractor within the limits and for the purposes authorized by the USER and in accordance with the Privacy Terms.


Without prejudice to the other obligations assumed under the terms of this Agreement and observing the provisions of 7.18: 8.1 Grupo 1a1 shall provide all services contracted herein in accordance with the cluube.com plan option contracted by the CONTRACTING PARTY, observing the description of the services and due plan contracted at the CONTRACTING PARTY's option. 8.2 Grupo 1a1 will perform the services object of this Agreement using qualified labor, in accordance with the applicable technical standards and specifications. 8.3 Grupo 1a1 will comply with all applicable federal, state and municipal laws and regulations in force regarding the contracted services. 8.4 The Grupo 1A1 will maintain the provision of services through electronic means through the website and platform using security devices, ensuring efforts to ensure data reliability and privacy. 8.5 Grupo 1a1 will make every effort to maintain the correct functioning of the cluube.com website and the "CLUUBE" platform and provide access to their interfaces 24 (twenty-four) hours a day, seven days a week. If there are any problems, we will make every effort to resolve them. 8.6 Grupo 1a1 shall comply with the Privacy Terms of Cluube.com.


9.1. The price to be paid by the CONTRACTING PARTY for the services covered by this contract is composed of the value of the plan contracted by the CONTRACTING PARTY through Cluube.com; as described in the "Plans, Prices and Features" field on the cluube.com website or in a document sent by email; 9.2. Grupo 1a1 reserves the right to modify, increase or eliminate current rates at any time, always notifying the CONTRACTING PARTY in advance through the emails informed in the Registration Data, allowing the latter to terminate the contract if they do not agree with the aforementioned changes. Such changes will not take effect for services already provided up to the date of communication of the change. 9.3. The monthly amount due by the CONTRACTING PARTY will be calculated by Grupo 1a1 and adjustments must be made in accordance with agreements between the parties; 9.4. In the event of delay in the payment of the amount determined as due, the following late payment charges will apply: monetary correction, by the IGP-M index and late payment interest of 1% per month until the date of effective payment, as well as a fine of two%; 9.5. Grupo 1a1 may take the relevant judicial and extrajudicial measures to receive the amounts owed by the CONTRACTING PARTY, including those referring to late payment charges; 9.6. The Contracting Party may change its Cluube.com plan option at any time, provided that it previously settles the accounts for the services provided by Grupo 1a1 while using the previous plan and makes other adjustments, if necessary, such as, for example, number of activated members; 9.7. The CONTRACTING PARTY may have access to and use other "optional services" and additional features or special conditions that are not included in the cluube.com plan contracted by him, depending on the negotiation and specific contract to be carried out between Grupo 1a1 and the CONTRACTING PARTY. The services, functionalities or special conditions contracted separately by the CONTRACTING PARTY, as well as their respective costs, must be consulted by the CONTRACTING PARTY.


10.1. Grupo 1a1 is not responsible for any damage, loss or loss to the CONTRACTING PARTY's equipment caused by technical malfunctions of software or system failures of the servers or internet providers used by the CONTRACTING PARTY, as well as services provided to them by third parties; 10.2. The Grupo 1A1, as it develops its activity through a platform dependent on telecommunication services, will not be responsible for any interruptions to the services that occur due to third parties or that, for any other reasons, are beyond its control, such as malfunctions of the IP network or telephone, electrical failures or human or environmental influences of any nature, not being equally responsible for the response times; 10.2.1. Thus, the CONTRACTING PARTY, by accepting this contract, hereby exempts Grupo 1a1 from any contractual, civil or criminal liability, arising from an event involving a fortuitous event and force majeure, or arising from: a) Lack of electricity supply to the Grupo 1a1 system or for the servers and/or telecom operator, basis for the cluube.com system; b) Failures in the transmission or routing systems in accessing the Internet or the mobile telephone network, with Grupo 1a1 being solely responsible for the operation of its own computers and other equipment; c) Needs for repairs or maintenance of the electrical network or external telephony that require the temporary shutdown of the system; d) Invasions, intrusions, attacks by crackers, hackers or similar, denial of service attacks (Denial Of Service), fire, security breach in the DataCenter that hosts the servers of Grupo 1a1, security breach in the encryption generated by third parties contracted by the Grupo 1a1, theft of data or equipment or any actions or influences of third parties that prevent the provision of services. The Grupo 1A1 is committed to adopting security measures in order to avoid the harmful actions described above.


11.1. All intellectual property rights over the "CLUUBE.COM" platform, software created by Grupo 1a1, in particular cluube.com, graphic environments and forms, website design, mechanisms and techniques, business strategies, internet domain and subdomains, images and figurative elements of the services contracted herein, as well as those related to the brands of the products, manuals and documentation of the services, know-how, factory / business secrets and any other data and information used in the execution of the service object of this contract are the exclusive property of Grupo 1a1 or its licensors, and may not be used by the Contractor for any purposes other than those expressly provided for in this contract, under penalty of liability of the Contractor for all damages caused by it. 11.2. The CONTRACTING PARTY is expressly prohibited from using, modifying, altering, taking advantage of, taking possession of, forwarding or deriving any of the goods protected by the immaterial right provided herein, or other content contained on the cluube.com website, to any degree, condition and for any pretext, without the express authorization of Grupo 1a1, under penalty of incurring the penalties provided for in Law no. 9.610/1998, Law 9609/1998 and Law 9279/1996 and other civil and criminal offenses applicable to the species, without prejudice to the immediate exclusion of the PRODUCER from the Program; 11.3. GRUPO 1A1 is entitled, at any time and without prior notification, to update or promote any change to its symbols, images, shapes, brands or other items on the Cluube.com website; 11.4. The CONTRACTING PARTY may not use the technology, generated content, trademark, logo or commercial name of Grupo 1a1, in particular those related to cluube.com, as a reference or without the express written consent of Grupo 1a1. Any authorization received in this regard will be understood, restrictively, as being granted on a precarious basis, exclusively for the purpose for which it is intended. 11.5. The license to use cluube.com granted to the CONTRACTING PARTY is personal, non-transferable, non-exclusive and restricted to the purposes of performing the services contracted herein. The license hereby granted does not authorize the CONTRACTING PARTY to allow its agents, employees and/or third parties to copy, modify, create derivative works, carry out reverse engineering or disassembly of the software or any act to discover its source code, as well as sell, consign, sublicense, pledge or otherwise transfer any right with respect to the software; 11.6. The CONTRACTING PARTY will not be able to access the services contracted by any means other than the interface provided by Grupo 1a1 through the cluube.com website, using, for that purpose, their personal Login and password.


12.1. The PARTIES undertake to maintain absolute secrecy on all information and on the USERS, being responsible, in the event of disclosure for a purpose other than this Agreement, including for losses and damages arising therefrom; 12.2. The CONTRACTING PARTY undertakes to maintain the strictest confidentiality with respect to any data, information, materials, products, systems, techniques, strategies, methods of operation, details, innovations, trade secrets, brands, creations, technical and commercial specifications of Cluube , among others, hereinafter referred to as "CONFIDENTIAL DATA", to which the CONTRACTING PARTY or any of its directors, employees and/or agents may have access, knowledge or that may be entrusted to it due to the execution and execution of this Agreement, committing to if, in addition, not to reveal, reproduce, use or make known, under any circumstances, to third parties, as well as not to allow any of its directors, employees and/or agents to misuse these "CONFIDENTIAL DATA". The CONTRACTING PARTY must not make any data or confidential information available to Grupo 1a1, since it is not necessary to disclose any sensitive information, since the CONTRACTING PARTY is responsible for using the mechanisms for the relationship with its public. 12.3 The CONTRACTING PARTY that causes the violation of information considered to be confidential, will be subject to indemnify the Innocent Party up to the time of damages actually caused, without prejudice to the penalties provided for in this instrument and in the legislation in force; 12.4. The obligation of secrecy assumed herein shall prevail throughout the term of the agreement and up to 2 (two) years after its termination or termination in any capacity.


13.1 The PARTIES recognize, in the best form of law, that there is no solidarity/subsidiarity of employment relationship between their employees and the other PARTY . 13.2 Under no circumstances shall the pacts of this Agreement give rise to the interpretation of any labor, social security or any other bond or obligation between the representatives, agents, contractors, collaborators and/or employees of either Party, for which the person responsible will come to the authorship , in the event of an eventual labor claim or any legal demand, exempting and exempting the others from any liens or charges; 13.3 GRUPO 1a1 IS NOT RESPONSIBLE TO USERS (THIS SUCCESSORS, RESPONSIBLE AND/OR LEGAL REPRESENTATIVES) FOR THE CONTENT AND/OR FOR THE PERFORMANCE OF ANY PROMOTION, PARTNERSHIP OR CASHBACK CREATED BY THE CONTRACTING PARTY, OR FOR THE USE IN A DIFFERENT WAY OR WITHOUT AUTHORIZATION OF THE DATA PERSONAL AND USER INFORMATION, BY THE CONTRACTING PARTY, EVEN IF ONLY FOR REGISTRATION PURPOSES ON THE CLUUBE.COM PLATFORM; 13.4 CLUUBE.COM IS ONLY A SOFTWARE THAT THE CONTRACTING PARTY WILL USE TO ADMINISTER ITS RELATIONSHIP MARKETING PROJECT AND PARTNERSHIPS; 13.5 THE CONTRACTING PARTY ACKNOWLEDGES AND AGREES TO BE SOLELY RESPONSIBLE FOR ALL CONTENT, FOR ITS BUSINESS RULES, PROCESSES AND EXECUTION OF CASHBACK, GAMIFICATION, PROMOTIONS AND PARTNERSHIPS THAT IT MAKES; 13.6 THE CONTRACTING PARTY ACKNOWLEDGES AND ACCEPTS THAT WHEN CARRYING OUT NEGOTIATIONS WITH PARTNERS, IT DOES IT AT HIS OWN RISK; 13.7 GRUPO 1a1 WILL NOT BE LIABLE FOR THE EFFECTIVE RESULT OR FULFILLMENT OF OBLIGATIONS ASSUMED BY THE PARTNERS. IN NO EVENT SHALL YOU BE LIABLE FOR LOST PROFITS OR ANY OTHER DAMAGE AND/OR LOSSES THAT PARTNERS MAY SUFFER DUE TO TRADE MADE OR NOT THROUGH THE CLUUBE.COM SYSTEM; 13.8 GRUPO 1a1 RECOMMENDS THAT ALL TRANSACTIONS BE CARRIED OUT WITH CAUTION AND COMMON SENSE. 13.9 In the event that Grupo 1a1 is included as a Defendant in the passive pole of any lawsuit, judicial or administrative, involving a matter for which the Contractor was responsible, whether of a commercial, civil, consumerist, labor, social security or tax nature, Grupo 1a1 is protects the right to call the CONTRACTING PARTY to the dispute and the CONTRACTING PARTY undertakes, from now on, to join the dispute, and must bear all the encumbrances arising therefrom, pursuant to article 70, item III, of the Code of Civil Procedure, including attorneys' fees of cluube.com, as well as to reimburse the former for the expenses incurred, including the amounts resulting from a possible conviction.


14.1 This Agreement will be in force for an indefinite period, counting from the acceptance of its entire content and completion of the contracting procedure by the CONTRACTING PARTY. 14.2 Regardless of the above, at any time, either party may terminate this adjustment without reason, as follows: 14.2.1. As the termination initiative of GRUPO 1A1, it must forward an email to the CONTRACTING PARTY, at least 30 (thirty) days in advance, to the email address contained in the CONTRACTING PARTY's registration; 14.2.2. As the CONTRACTING PARTY takes the initiative to terminate it, it must notify GRUPO 1A1, considering the contract terminated after the respective settlement of accounts between the parties, observing the terms of this contract and other contracts signed between the parties; 14.3. In addition to the right of termination assured above, this adjustment will be immediately resolved, regardless of any notification to the CONTRACTING PARTY or remedial action, in the following cases: 14.3.1. For breach, by the CONTRACTING PARTY, of any of the terms of this agreement, the Policies of the Cluube.com Site, applicable laws and regulations, including the rules of protection to the USER and the principle of good faith; 14.3.2 Practice by the CONTRACTING PARTY of any acts that may imply commercial or institutional discredit of the Grupo 1A1, or that violate other CONTRACTING PARTIES, PARTNERS, USER, third parties or against the regularity of the services; 14.3.3 In the event that bankruptcy is declared, the judicial and extrajudicial recovery plan is granted, civil insolvency or, at the discretion of Grupo 1a1, if the CONTRACTING PARTY no longer has the technical, commercial or financial suitability that led to the acceptance of its registration . 14.3.4 In case the CONTRACTOR decides to discontinue the Cluube.com Solution for any particular reason or commercial reason. 14.4. Upon termination of the agreement between the parties for any reason, the amounts eventually due by the CONTRACTING PARTY to GRUPO 1A1 until the date of termination of the contract, must be paid immediately as provided for in this contract. 14.5. In the event of termination of this agreement due to termination of any of the parties, the Operation Area, Management Area and the Personalized Area of ​​Cluube will be disabled on the date of termination.


15.1. The parties shall be responsible, in full compliance with the legislation in force, for the collection of any taxes, charges and/or contributions arising from this Agreement and/or incidents on its object; 15.2. The parties undertake to communicate immediately and in writing, as soon as they become aware, of any tax procedure that may have a financial impact on the other contracting party. 15.3. The CONTRACTING PARTY may not assign, transfer this contract and/or the rights and/or obligations arising therefrom without the prior written consent of the Grupo 1A1. 15.4. All notices and other communications required or permitted herein will be in writing and will be deemed to have been duly transmitted when delivered by electronic mail (e-mail). 15.5. The omission or tolerance of the PARTIES, in demanding strict compliance with the terms and conditions of this Agreement, will not constitute novation or waiver, nor will it affect their rights, which may be exercised at any time. 15.6. The CONTRACTING PARTY declares to be aware of and in accordance with the PRIVACY TERM, in addition to the TERMS OF USE FOR PERSONAL ACCOUNTS AND CLUUBES, which must be previously accepted by every USER so that he/she can have access to Cluube.com. 15.7. This Agreement constitutes the entire agreement between the PARTIES, prevailing over any other agreement, verbal or written, previously established.


16.1. All items in these General Terms and Conditions are governed by the laws in force in the Federative Republic of Brazil. For all matters relating to the interpretation and performance of this Agreement, the parties submit to the Forum of the District of Belo Horizonte, in the state of Minas Gerais, Brazil.