Overview

A- These Terms govern access to or use of features contained in Hotmart Pages, Hotmart Send and Hotmart Webinar tools for all Users, anywhere in the world. 

B- In addition to the Glossary, which lists the meaning of expressions beginning with capital letters in these Terms, it is important that you understand the specific meaning of the following expressions included in these Terms, the Hotmart Terms of Use, or the other Hotmart Policies that don’t begin with capital letters:

Bounce: the inability of Hotmart to deliver an email to the recipient for any reason not attributable to Hotmart. If the reason for the error in delivering the email is temporary, such as a temporary failure in the recipient's email server, it is a soft bounce. If the reason for the error is permanent, such as a non-existing email address, it’s a hard bounce. A spam bounce occurs when the recipient's email address cannot receive emails because the service provider has tagged the User's emails as spam.

Landing page: a web page whose objective is the conversion of leads.

Leads: are the people who show interest in the User's Digital Product and whose contact info is captured by the User.

Digital Product: is content that can be made available in several digital formats (video, audio, text, software, etc.) produced by or licensed to the User. 

Users: Anyone who accesses or uses the Sales Solutions to sell Digital Products, preferably through the Hotmart structure, either free or paid.

Single opt-in and double opt-in: in the single-opt-in system, the person who shows interest in the User's Digital Product can register their email address in a single step - i.e. by entering it into a form on the landing page. The double-opt-in system, on the other hand, involves a two-step procedure: in addition to entering their email address on the landing page, the person who shows interest in the User's Digital Product must confirm the registration of their address in the User's email list.

C- The Sales Solutions governed by these Terms are part of the Hotmart Services. When using or accessing the Sales Solutions, the company with whom you contract is Launch Pad Tecnologia, Serviços e Pagamentos Ltda., enrolled in the CNPJ/ME under No. 13.427.325/0001-05, headquartered in Belo Horizonte, State of Minas Gerais, at 499 Assis Chateaubriand Av., Bairro Floresta, Zip Code 30.150-101. 

D- These Terms constitute a binding agreement ("Agreement") between you, as a User, and Hotmart, and govern your access to and use of: (a) the Website and its subdomains; (b) any other websites, interfaces or applications on which Hotmart makes the Sales Solutions available, including our apps for mobile, tablet or any other electronic device; and (c) all services made available by Hotmart in connection with the Sales Solutions.

E- By accepting these Terms, you acknowledge and agree with their content, the Hotmart Terms of Use, and the other applicable Hotmart Policies, including the Hotmart Privacy Policy. The Hotmart Terms of Use and the Hotmart Policies are an integral part of these Terms and are incorporated into them by reference, even if they are presented in separate texts. In the event of a conflict, the rules in these Terms shall prevail over the terms set forth in the Hotmart Terms of Use or other Hotmart Policies, except where there are specific provisions stating that the Hotmart Terms of Use or a particular Hotmart Policy prevails. These Terms and their updates also supersede all prior proposals, understandings or agreements, oral or written, which may exist between you and Hotmart, and supersede, for all purposes, any prior versions of the terms of use available on the Site. 

F- Upon your acceptance of these Terms, Hotmart automatically grants you a non-exclusive license to use the Sales Solutions. The features comprising the Sales Solutions are licensed on an "as-is" basis. They may be modified, replaced or removed by Hotmart from the Sales Solutions at any time without prior notice.

G- Compliance with these Terms is essential for the lawful use of the Sales Solutions. You may only use them for purposes expressly permitted in these Terms, the Hotmart Terms of Use or the Hotmart Policies. If you use the Sales Solutions in a manner inconsistent with these Terms, Hotmart may apply different measures, at any time, with or without prior notice. Such actions may include, without limitation, (a) the suspension of access to your account, (b) termination of your registration, or (c) termination of your license to use the Sales Solutions. The manner in which these and other measures apply is detailed throughout these Terms and the Hotmart Terms of Use.

H- By accepting these Terms, you authorize Hotmart to report to the appropriate authorities any acts related to your access to or use of the Sales Solutions that Hotmart considers to have indications of irregularities or illegalities. The reported User may not require Hotmart to pay any type of compensation for pecuniary and non-pecuniary damages, as a result of such reporting.

I- In attention to guidelines issued by international bodies such as the United States Office of Foreign Assets Control, the United Kingdom Sanctions List, or the United Nations Security Council Sanctions List, Hotmart does not carry out transactions or operate with Users located in certain countries or regions, in compliance with global standards and best practices aimed at preventing money laundering, fraudulent acts, and the financing of illicit activities.

J- Hotmart cares about your privacy and is committed to preserving it. The processing of personal data related to your access to and use of the Sales Solutions is described in Hotmart's Privacy Policy.

K- By using the Sales Solutions, you are responsible for identifying, understanding and complying with all applicable laws, rules and regulations. This may include, but is not limited to, rules of a civil nature, rules regarding intellectual property, privacy, use of personal data, the sale and sharing of the Digital Product to potential purchasers, rules regarding internet protocol addresses issued by ICANN, and rules regarding the advertising of the User's Digital Product, including the CAN-SPAM Act of 2003. The applicable rules may also require regulatory measures, such as obtaining licenses, permits or authorizations from public agencies, in addition to signing up for professional registrations and compliance with regulations they issue. Tax or accounting rules may also apply. If you have any questions about how local laws apply to your business while accessing or using the Sales Solutions, or regarding your relationship with Hotmart, please seek legal or accounting advice.

L- Hotmart reserves the right to modify these Terms at any time. If these Terms are changed, Hotmart will post the revised Terms, and will provide the date of the last update at the top ("version updated on"). We will also email you a notice about the changes prior to their effective date. If you disagree with the new version of the Terms, you may terminate this Agreement effective immediately. If you do not terminate your Agreement before the effective date of the new version of the Terms, your continued access to or use of the Sales Solutions will mean that you accept the changes.

M- If for any reason, Hotmart does not immediately exercise any of its rights under the law or these Terms, or even if it fails to exercise any right in any particular case, it does not mean that Hotmart is waiving the exercise of those rights. Hotmart may exercise its rights at any time at its discretion, and if Hotmart waives the exercise of any of its rights individually it does not mean that it is waiving the exercise of its rights as a whole.

N- The use of examples in these Terms, as well as the use of expressions such as "inclusive", "including", and other similar terms, cannot be construed to limit the scope of the rules that use them, and are always exemplary and therefore, not exhaustive.

O- The official language of these Terms is Brazilian Portuguese. Any version of these Terms in another language is a courtesy translation provided. In case of conflict, the Portuguese version shall prevail for contracting with Hotmart.

1. The Services Provided

1.1 The tools that constitute the Sales Solutions: Hotmart offers a platform with solutions to scale any business, among which are the Sales Solutions. The Sales Solutions goal is for Users to focus on developing their Digital Products with quality and create closer relationships with their customers, without having to spend a lot of time carrying out strategies to attract them. To do so, the Sales Solutions provide resources to simplify the creation of landing pages and the conversion of visitors into leads.

1.2 Ownership of Products: Being the owner and provider of the Sales Solutions does not mean that Hotmart creates, develops, controls, endorses or provides any Digital Product. Users are fully responsible for the content and information regarding their Products, including their offer and use rules. Hotmart is not responsible for any disputes or damages, of any nature, which may arise from the relationship between the User and potential purchasers of the Products, or the User with third parties.

1.3 No promises of performance, earnings or results from the use of the Sales Solutions: Hotmart does not promise or guarantee that you will achieve any performance, earnings or results from the use of the Sales Solutions. Thus, Hotmart does not guarantee, for example, the actual sale of Products by the User through the generation of leads.

1.4 Compliance of Digital Products with Hotmart Policies: Hotmart provides resources for those who want to promote a Digital Product in a simple and practical manner, allowing people to make a living from their passions. Therefore, any User can use the Sales Solutions to advertise their Digital Products. In line with the applicable laws, Hotmart is under no obligation to perform prior content control (editorial or otherwise) of the Digital Products or landing pages, nor to curate the Digital Products or landing pages in any way. Hotmart is also under no obligation to perform the prior control of its User base.

1.5 Verification Processes Conducted by Hotmart: Hotmart takes the integrity of the community using the Hotmart Services very seriously, and therefore, reserves the right to conduct verifications before or after Users register or post any Product or content created by User through the Sales Solutions, as well as the right to require additional information or even changes in the advertising of such Digital Products. Any references to a User or a Digital Product being "analyzed" (or similar language) only indicates that the User or the Digital Product is undergoing a registration verification process, and nothing more. None of these descriptions signify Hotmart's endorsement, certification, or guarantee of the quality of the Digital Product or content created by the User. Nor do these descriptions represent any attestation that the User, the Digital Product, or the content created by the User are suitable under applicable law, these Terms, the Hotmart Terms of Use, or the Hotmart Policies. We remind you that it is the Users, and not Hotmart, who are responsible for complying with all rules applicable to Digital Products and their marketing.

1.6 Access to the Internet and the Sales Solutions: Due to the nature of the Internet, Hotmart cannot guarantee that the Sales Solutions will be available and accessible without interruption. However, Hotmart will seek to ensure the availability and accessibility of the Sales Solutions by the Users, at around ninety-nine percent (99%) of the days of the year. In addition, Hotmart may restrict the availability of the Sales Solutions or certain areas or resources related to them if necessary, considering the limits of capacity, the security or integrity of its servers, as well as to maintain or improve its services. Hotmart cannot be held liable by the User or any third party as a result of the impediment or change in the form of access to the Sales Solutions. Hotmart may improve and change the Sales Solutions at any time, either to modify, replace or remove existing Services, or to add new services.

1.7 Third-party services required by the Sales Solutions: The operation of the Sales Solutions may depend on partner companies or third-party resources, such as email providers, who perform the technical efforts related to sending emails to leads. In such cases, there may be separate terms and conditions that you must comply with. Hotmart is not responsible for the availability or accuracy of the provision of these third-party services.

1.8 Optional services from other providers: The Sales Solutions also allow the User to embed links to other websites or use resources from other providers in the content created by the User, allowing, for example, the User to embed videos provided on other platforms in its landing page. These third-party resources are not included within the scope of the Sales Solutions, and are not part of the Hotmart Platform. Therefore, they are subject to different terms and conditions, including with respect to privacy practices. Hotmart is not responsible for the availability or accuracy of these third-party services, nor for their content, products or services available from these third-party services. Links to such third-party services do not represent Hotmart's endorsement of or agreement with them.

2 Eligibility, Registration and Access to the Sales Solutions

2.1 User Eligibility: In order to register an account to access or use the Sales Solutions, you must be at least 18 years old, or emancipated under applicable law. By accepting these Terms, you declare to be fully capable to exercise all civil acts. If you register to access or use the Sales Solutions on behalf of a legal entity, you declare that you have the power and all necessary authorizations to bind that legal entity on a regular basis, including to grant Hotmart all permissions and licenses referred to in these Terms, the Hotmart Terms of Use or the Hotmart Policies. 

2.2 Restricted Users: Hotmart may refuse or cancel the registration of a given User if it becomes aware, on its own, or through a substantiated third-party report, of the existence of a conviction, by a final judgment, for (a) heinous crimes, or crimes equated to heinous crimes; (b) involvement in criminal organizations, money laundering, terrorist acts or international human trafficking; or (c) crimes committed by electronic means or cyber mechanisms.

2.3 Suspension or termination of your account: If Hotmart limits your access or the use of the Sales Solutions, suspends your account or terminates this Agreement, you may not register a new account to use or access the Sales Solutions, nor may you access or use the Sales Solutions or the Hotmart Platform through another User's account.

2.4 Registration: In order to use the Sales Solutions, you agree to properly and accurately complete all information requested by Hotmart on the registration page. Hotmart may use any legally permissible means to identify you, as well as may require additional data from you at any time to complement any information already provided. If you submit false, incorrect, or incomplete information, your registration to use or access the Sales Solutions or the Hotmart Platform may be suspended or canceled. Hotmart may refuse your registration or cancel it if it believes that there are indications that you are using or tend to use the Sales Solutions or the Hotmart Platform in disagreement with these Terms, the Hotmart Terms of Use or the Hotmart Policies.

2.5 Accuracy and veracity of the information: You are solely responsible for registering true, accurate and up-to-date information about yourself, and are liable for the consequences of false, incomplete or incorrect data or information that you provide during or after registration. Always check the information you provide to Hotmart before completing your registration.

2.6 Password and Account Activity: You are solely responsible for your login, password, and any activity conducted through your account to access or use the Sales Solutions. Hotmart is not liable for any damages, pecuniary or non-pecuniary, resulting from the misuse of your account by any third party. It is essential that you maintain the confidentiality and security of your credentials to access your account, which are personal and non transferable. Do not disclose, or in any way share, these credentials with third parties. No employee, collaborator, representative, agent, or anyone directly or indirectly connected with Hotmart is authorized to ask you to share your password. You must notify Hotmart immediately if you become aware or suspect that your login credentials have been lost, stolen, misappropriated by a third party, have had their confidentiality compromised, or have been otherwise used without your authorization.

2.7 Request to transfer ownership of an account for the use and access to the Sales Solutions: You may only change the ownership of your account for use and access to the Sales Solutions upon request to Hotmart at https://suporteklickpages.zendesk.com/hc/en-us/requests/new. Hotmart reserves the right to perform verification procedures, including to ensure your security, prior to making any change in your account ownership.

3 Your main commitments with Hotmart in the use of the Sales Solutions

3.1 General obligations of Users when using the Sales Solutions: You must access the Sales Solutions only for lawful purposes. You must preserve Hotmart's reputation and avoid any practice by you (or any third party related to you) that may directly or indirectly bring Hotmart, its Services, its employees, associates, representatives, agents, partners or associates into disrepute.

3.2 Hotmart's Intellectual Property Rights: The information contained in the Sales Solutions, as well as the trademarks, patents, industrial drawings, corporate names, domain names, programs, databases, networks, files, copyrighted works, media in general (audio, text, video, etc.) and any other intellectual property related to the Sales Solutions, or contained on the Hotmart Platform, are the exclusive property of Hotmart, or have been regularly assigned or licensed to Hotmart. These elements are protected by international intellectual property laws and treaties. It is prohibited to copy, distribute, use or publish all or part of any material or any item from the Sales Solutions or the Hotmart Platform without Hotmart's prior written permission.

3.3 Relationship of Users with each other and with third parties: You undertake to maintain a healthy and harmonious relationship with third parties regarding the use of the Sales Solutions. You may not attack, slander, defame or slander any third party, including Hotmart's employees, collaborators, representatives, agents, partners or associates with whom you have contact. If Hotmart finds that you have attacked, harassed, discriminated against, or otherwise harmed the rights of such persons or Hotmart, Hotmart may, at its discretion, take a number of actions under these Terms, which may include suspending your license to use the Sales Solutions and terminating the provision of the Sales Solutions to you, excluding you from the Sales Solutions or the Hotmart Platform, and concurrently seeking redress for any damages, pecuniary or non-pecuniary, that you cause.

3.4 Indemnification to Hotmart: By accepting these Terms, you agree to hold Hotmart harmless and to repair any damage you cause Hotmart through any action or omission that is attributable to you. This obligation to avoid and remedy damages, including pecuniary and non-pecuniary damages, and all expenses incurred by Hotmart as a result of conduct attributable to you, such as litigation expenses and attorneys' and experts' fees, arising out of your access to or use of the Sales Solutions. You also agree to hold harmless and repair any damages you cause to Hotmart's partners, controlling shareholders, subsidiaries, affiliates, officers, directors, managers, employees, agents, collaborators, representatives and attorneys-in-fact.

3.5 Proper Use of the Sales Solutions: Hotmart provides a secure environment for anyone to advertise a Digital Product and thus, start their own business and acquire new skills. Accordingly, and notwithstanding other rules set forth in these Terms, the Hotmart Terms of Use, or the Hotmart Policies: (a) you cannot violate or attempt to violate any security measures of the Sales Solutions or the Hotmart Platform, nor take advantage of any inconsistency in Hotmart's systems; (b) you cannot mislead others into believing, by your action or omission, by reason of your access to or use of the Sales Solutions, on or off the Hotmart Platform, that you are an employee, collaborator, service provider, representative, or that you maintain with Hotmart any relationship other than that of a User; (c) you cannot adopt any promotion, information gathering, or advertising practices that are unwanted, bulk, repetitive, out of context, misleading, inappropriate, libelous, or illegal, to promote the Product, such as spamming, flooding, adware, malware, and other harmful techniques to promote your Products; (d) you cannot use any system for sending requests to access and use the Sales Solutions that exceeds, within a given period of time, what would normally be possible to respond to, leading to impeded access, deteriorating or otherwise altering the experience of using the Sales Solutions or the Hotmart Platform; (e) you undertake not to use any automated systems that affect other people's ability to use the Sales Solutions or the Hotmart Platform, such as systems that interrupt the normal flow of conversation or that cause the screen to scroll faster than the other users are able to keep up; (f) you agree not to use any automated systems, including robots, spiders, scripts or offline readers, that access the Sales Solutions or Hotmart Platform and use them in a manner contrary to these Terms or applicable laws; and (g) you agree not to use robots to include bulk emails in the Sales Solutions.

4 The use of resources and the content that can be promoted through the Sales Solutions

4.1 User Content: By using any feature of the Sales Solutions to promote a Digital Product, the User declares that it is the exclusive owner of all intellectual property rights relative to the Digital Product and its content, or is duly authorized by the owners of such rights to do so. The User also warrants that the Digital Product and its landing page do not infringe any third party's intellectual property rights, including image or copyrights, the Digital Product and its landing page being original works of the User, or the User has received the relevant licenses or assignments of rights from the owners of the rights relative to the content that is integral to the Product and the landing page. In addition, the User shall have all rights to grant to Hotmart the licenses necessary for Hotmart to perform its activities relating to the use of the Sales Solutions with respect to the Product in the form of these Terms, the Hotmart Terms of Use and the Hotmart Policies.

4.2 Third-party Content: You declare that you are aware that if you use, on your landing page, content prepared by third parties. For example, if you use templates prepared by third parties for your landing page: (a) you must respect the intellectual property of the third party that created the content; (b) you may be subject to additional terms of use imposed by the owners of such content; (c) Hotmart may remove or disable access to any third-party content; and (d) Hotmart may require you to immediately remove third-party content from any website or other web platform created or published by you through the Sales Solutions.

If you do not remove the third-party content within twenty-four (24) hours of Hotmart's removal request, Hotmart has the right to cease your access to the third-party content, or delete the third-party content at its sole discretion. If this happens, you are not entitled to any compensation for the removal of such content.

4.3 Responsible Use of the Platform: Hotmart's purpose is to allow people to undertake more easily and thus, develop in both professional and personal areas. To achieve this goal, Hotmart adopts a few values and principles, which must be observed by all of its Users: the respect for others, Users and local laws is one of them, as well as the protection of freedom of expression and the neutrality and parity of the Internet. Therefore, Hotmart does not accept content that violates these guidelines. By accepting these Terms, you agree to abide by Hotmart's Responsible Use Policy, which exemplifies, in a non-exhaustive manner, the formats or content that Hotmart does not want on the Hotmart Platform, nor that relate to the use of the Sales Solutions. In general terms, you cannot use the Sales Solutions or the Hotmart Platform to advertise Digital Products of a format or content that (a) violates applicable laws or third-party rights; (b) incites violence, hatred, discrimination, or that may cause harm to Users or Hotmart; (c) impairs Users' experience in using the Sales Solutions or on the Hotmart Platform; or that (d) is at odds with Hotmart's business model or is contrary to the company's values. See Hotmart’s Responsible Use Policy to learn more.

4.4 Prohibition of using the Hotmart trademark or improper association with it: You cannot use any Hotmart trademark, logo or trade name of Hotmart or relating to the Sales Solutions to advertise any Digital Product, nor directly or indirectly indicate that Hotmart is associated with, approves or certifies the Digital Product. You may use and access the Sales Solutions only to the extent necessary to promote the Product.

4.5 Personal Data: The User is the processing agent who is fully responsible for meeting the requirements of applicable laws, including, but not limited to, the General Data Protection Law (Federal Law No. 13.709/18). 

5 The main rules applicable to Users

5.1 Creation of Domain Names: By requesting the creation of domain names through the Sales Solutions, you (a) undertake to verify the existence of any third-party rights relating to the requested domain names; (b) undertake to respect third-party rights relating to existing domain names; and you (c) assume full responsibility for any infringement of third-party rights relating to domain names.

5.2 Inability to transfer content and leads related to the Sales Solutions: All content produced or obtained by the User through the Sales Solutions is linked to the User's account, and cannot be transferred to third-party accounts. This includes, for example, the landing pages you have created, as well as your lead base. Thus, you cannot transfer to third parties any content produced through the Sales Solutions, nor any information obtained through the use of the Sales Solutions. 

5.3 Backup of the content and data produced or obtained by the User: The User is fully responsible for backing up any content they produce and any data they obtain through the use of the Sales Solutions. Except for any obligations required by law, and in the form of Hotmart's Privacy Policy, Hotmart is under no obligation to back up any content or any data derived from the Sales Solutions, nor is Hotmart liable for the loss of content or data that has not been backed up by the User through appropriate measures.

5.4 Removal of content and data at the User's request: You may request the removal of any content you produce or any data you obtain through the use of the Sales Solutions. By requesting it, you acknowledge that the material to be removed may not be recovered. 

5.5 Storage of User Content after the termination of Services: Hotmart may, but is not obliged to store, after the termination of the Services, the content produced by the User by means of the Sales Solutions. The User may request access to such content within thirty (30) days from the date of termination of use of the Sales Solutions. Therefore, if you re-subscribe to the Sales Solutions within thirty (30) days, you can retrieve the content produced in your previous subscription, provided that the new subscription is made by an account registered under the same email address registered in the previous account. 

5.6 Sender Email: Hotmart allows you to register only one sender email address to use the Hotmart Send Services. As such, all emails to be sent to your leads can only have one (1) unique email address as the sender. Hotmart does not authorize you to add a second email address as a sender and is under no obligation to allow it in the future. 

5.7 Use of the double or single opt-in option: Hotmart allows the User to capture leads using double or single opt-in. Hotmart is concerned with ensuring the quality of leads for your business. To do so, it is important that you have an engaged email list, composed of people who are really interested in your Digital Product. Therefore, by choosing the single opt-in mode for the confirmation of emails submitted to your lead list, the User undertakes to ensure that these emails are authentic.

5.8 Importing external lists: Hotmart submits any external email lists or imported from other email tools provided by the User and consequently, of its sole and exclusive responsibility, to an analysis procedure to solely ensure the authenticity of the emails listed, without any kind of value judgment. 

5.9 Price adjustment of subscription plans: Hotmart may change the price of the Sales Solutions subscriptions and the terms of your plans at any time. Subscription pricing may be updated to adjust the services we provide and allow Hotmart to improve them. If your plan undergoes any price change, Hotmart will communicate the change to you by means of prior notice. If you use the Sales Solutions after such notification, we will consider you to have accepted the new price. 

5.10 Legal Guarantee: You are entitled to claim any defects in quality or quantity of the Sales Solutions, within seven (7) days from the subscription date of annual or semiannual plans, if so provided by applicable law. This guarantee only applies to the first subscription purchase, and does not apply to subscription renewals. 

5.11 Automatic Renewal: Your subscription is automatically renewed at the end of the billing period. The subscription renewal is for the same duration as the initial subscription. By purchasing the Sales Solutions, you authorize Hotmart to automatically renew your subscription if you do not cancel it within at least three (3) business days prior to the start of the next billing cycle (monthly, semiannually, annually - according to the type of plan chosen), pursuant to item 5.14. 

5.12 Refund due to Right of Regret: Hotmart will only accept requests for refund of payment for a subscription to the Sales Solutions in the cases determined by law, as in the case of the right of regret, within 7 (seven) days, applicable in favor of Brazilian consumers, or due to another guarantee agreed upon by Hotmart. In addition, a refund can only be requested for the first billing regarding the subscription purchased. Hotmart is not obliged to offer a refund upon renewal of purchased subscriptions.

5.13 Plan Conversion: You may convert your semiannual or annual plan to a shorter plan within seven (7) days from the date you subscribed to your plan. After that time, you will no longer be able to convert your subscribed plan to a shorter plan. Therefore, if you have purchased an annual plan, for example, you can only request its conversion into a semiannual plan within 7 (seven) days of the first purchase.

5.14 User Subscription Cancellation: You may cancel your subscription or the automatic renewal of your subscription within at least three (3) business days prior to the start of the next billing cycle. If you cancel your subscription by this date, your account will be terminated at the end of the current billing period. If you cancel your subscription after this date, your account will terminate at the end of the next billing cycle period.

You will continue to have access to the Sales Solutions until your account is closed. As of this date, Hotmart will terminate your access to the functionality and features of the Sales Solutions and remove access to any content created by you or any data obtained by you through the Sales Solutions.

5.15 Subscription suspension by Hotmart: If Hotmart is unable to collect payment for your subscription for any reason (such as insufficient balance), and you haven’t canceled your subscription in the manner set out in clause 5.14, you remain liable for outstanding debts. When you update your payment method information, Hotmart will collect the outstanding balance. If the subscription payment cannot be collected through the payment methods you choose, Hotmart may suspend access to the Sales Solutions until it is able to collect by means of another payment method. By signing up for a subscription, you understand and agree that Hotmart shall not be obliged to indemnify you for any damages, pecuniary or non-pecuniary, arising from interrupted access to the Sales Solutions.

5.15.1 Effects of the subscription suspension by Hotmart: Hotmart may maintain access to the Sales Solutions for up to seven (7) days after a billing failure. After that period, Hotmart may remove your access to the features of the Sales Solutions, including stopping the sending of emails through Hotmart Send. After fourteen (14) days of failure to collect payment, Hotmart will remove access to any content created by you and any data obtained by you and maintained in the Sales Solutions.

5.16 Restriction of Services in case of a downgrade: If you request to downgrade your plan, the content created and the data obtained by you, and kept in the Sales Solutions, which exceeds the limit of your new plan must be removed. So, for example, if you subscribe to the Plus plan to publish thirty (30) pages, and you request to downgrade to the Lite plan, which offers the publication of up to ten (10) pages, you must remove the twenty (20) pages that exceed the new limit as of the effective date of the new plan.

If it is necessary to remove published pages due to a plan downgrade, you will have up to fifteen (15) days to adjust the number of pages to the new plan limit, starting from the date when the subscription for the new plan begins. Within this period, you must select the pages you want to delete until the number of selected pages conforms to the new limit. 

If you do not regularize the number of pages within the period provided in 5.16.1, Hotmart may remove access to all pages published by you through the Sales Solutions.

5.17 Billing Cycle: The price of the Sales Solutions subscription is charged by means of the payment method chosen by the User, and on a specific payment date. The duration of the billing cycle depends on the plan chosen by the User when purchasing the subscription. If you choose the monthly plan, the billing cycle lasts for one (1) month; for the semiannual plan, the cycle lasts for six (6) months, and for the annual plan, the cycle lasts for one (1) year.

5.18 Billing cycle for Upgrades: At any time during the subscription, it is possible to upgrade to a plan with more features. The upgrade of the subscription plan must be requested through the User's account. If you purchase another plan instead of requesting the upgrade of your current plan, the amount already paid for the first subscription is not immediately deducted from the amount of the second one. Therefore, if you have already subscribed to a Plus plan, for example, and you purchase an Ultra plan - instead of requesting to upgrade your existing Plus plan - Hotmart may charge you for the full amount of both plans before reversing any duplicate charges.

5.19 Payment method information: Users must keep their account updated regarding the data about the payment method chosen for the subscription.

5.20 Changing the payment method: When you subscribe to the Sales Solutions, you need to provide one or more payment methods to pay for the subscriptions. If you provide more than one payment method, you must choose the preferred payment method, i.e. the means by which Hotmart should charge you first. If, for any reason, Hotmart is unable to collect the subscription on the preferred payment method, you authorize Hotmart to collect the outstanding amount from any other payment method associated with your account, including if the outstanding amount matches the full subscription amount.

5.21 Change of payment date: Hotmart may change the payment date for your plan for various reasons, including (a) if Hotmart is unable to collect the subscription on the original date for the scheduled payment; (b) if you change your subscription plan; or (c) if your payment date is scheduled for a day that does not exist in a given month. The payment date may also be changed at your request. In such a case, if the User is billed on both the originally scheduled date and the new payment date, Hotmart will reverse the duplicate charge made. 

5.22 Payment Preventive Measures: Hotmart may refuse to approve a purchase if it finds that the transaction exposes it to excessive risk, or for any other reason set forth in Hotmart's Payment Policy.

6 Hotmart's liability limits

6.1 Hotmart's liability limits: Remember, when using the Sales Solutions, you are a contractor for the advertising services provided by Hotmart. Hotmart does not create, design, control, endorse or provide any products or services to you. Users are responsible for the content and information regarding their Digital Products and their pages. By accepting these Terms and using the Sales Solutions, you do so voluntarily, at your own risk. Therefore, except in the cases of liability determined by law, Hotmart is not liable for damages of any nature arising from the access to or use of the Sales Solutions, whether pecuniary or non-pecuniary, direct or indirect, actual damages or lost profits. Hotmart is not liable, by way of example and not exhaustive, for (a) damages arising from the inadequacy of the Digital Products for the purposes for which they are intended; (b) damages arising from defects or vices in quality or quantity of the Digital Products; (c) damages arising from risks related to the use of the Product, including potential harm or hazard; (d) claims arising from dissatisfaction due to the low quality of the Digital Products; (e) damages arising from error, incompleteness, untruthfulness, or inadequacy of information provided in the Product’s advertising through features provided by the Sales Solutions; (f) damages arising from the breach, by Users, of their legal or contractual duties to third parties; (g) damages arising from error, incompleteness, untruthfulness, or inadequacy of information provided during the processing of payment transactions; (h) damages arising from third-party services; (i) damages arising from the improper use of the Sales Solutions by Users; (k) damages arising from materials, information, or content posted on third-party sites, nor from the availability of these sites, it is up to the User to use their own judgment, caution and common sense when accessing third-party sites, and should check their applicable privacy policies and terms of use; (l) damages resulting from technical difficulties or failures in systems, servers or the internet; or (m) damages resulting from virus attacks on the User's equipment that occur while using the Sales Solutions, or as a result of the transfer of data, files, images, text or audio.

6.2 Liability for Damages Resulting from Database Loss: The User is fully responsible for implementing (a) external means to the Sales Solutions in order to rebuild any possible lost data; and (b) sufficient procedures and checkpoints to satisfy its security requirements. Hotmart is not liable for damages arising from database loss. 

Hotmart is not liable for damages related to the deletion of User's data after the Services related to the Sales Solutions have ceased. The User acknowledges that when the Sales Solutions Services cease, all pages built and published with Sales Solutions resources may no longer be accessible, as well as all emails sent with Sales Solutions resources, and all leads captured with the Sales Solutions resources.

6.3 Exclusion of Hotmart as a Defendant in any Dispute: By accepting these Terms, you agree to exclude Hotmart as a Defendant in any claim or proceeding, whether judicial or extrajudicial, which you file against other Users or third parties in connection with the use of the Sales Solutions. This exclusion also applies in favor of Hotmart's partners, controlling shareholders, subsidiaries, affiliates, officers, directors, managers, employees, agents, collaborators, representatives and attorneys-in-fact.

7 Violations of Hotmart's Terms and Policies 

7.1 Violations of the Terms: If you fail to observe any condition of these Terms, the Hotmart Terms of Use, or any Hotmart Policy, in whole or in part, Hotmart may apply different measures, at Hotmart's discretion, in isolation or cumulatively, with or without notification, at any time and for such period as it sees fit. Among these measures, notwithstanding others not provided for in these Terms, Hotmart may apply (a) a warning; (b) limitation or termination of access to the Sales Solutions; (c) removal of the Digital Product page; (d) limitation of access, suspension, blocking or removal of the account or User; or (e) termination of this Agreement.

7.2 Preventive Measures: Hotmart may, at its discretion, take preventive measures to ascertain possible breaches of these Terms, the Hotmart Terms of Use or the Hotmart Policies, or if it deems it necessary to protect its own or third-party interests. These measures may last for as long as necessary for any correction or verification to be made, or until Hotmart decides whether or not to terminate the Sales Solutions, or to apply other measures. Preventive measures may result in the temporary suspension of the Sales Solutions to a particular User. In such a case, throughout the period of suspension, Hotmart may change or remove access to all or part of certain features from the User's account. The User is not entitled to compensation for any damages, pecuniary or non-pecuniary, arising from the preventive measures applied by Hotmart.

7.3 Other judicial or extrajudicial measures: Hotmart may adopt any other judicial or extrajudicial measures it deems appropriate, on its own behalf or through legitimate third parties, notwithstanding the isolated or cumulative adoption of the others measures mentioned in the previous items.

8 Suspension or termination of the Sales Solutions

8.1 Suspension or termination of the Sales Solutions: Hotmart's values and principles are based on respect for others and freedom, and we’re always committed to facilitating entrepreneurship so that more people can achieve professional development. Therefore, Hotmart reserves the right to take various actions designed to protect the Hotmart Platform, the Sales Solutions, and our community, upon the justified request of a third party or by its own initiative. These actions may include suspending or discontinuing the provision of the Sales Solutions, terminating the license of use granted to the User, making the Digital Product, if registered on the Hotmart Platform, unavailable, removing it from the Hotmart Platform, as well as any other actions provided for or not in Section 8 of these Terms. Hotmart may decide to take these and other actions at any time, with or without notice, in isolation or cumulatively. Any decision by Hotmart in this regard will occur at its sole discretion, for reasons that may include (a) failure to comply with these Terms, the Hotmart Terms of Use, or the Hotmart Policies; (b) an act that is contrary in any way to Hotmart's values or principles; (c) any conduct practiced on or off the Hotmart Platform, whether or not related to the Sales Solutions, that may negatively impact Hotmart, or that may bring the company or its business into public disrepute, dishonor, scandal, or ridicule. The fact that any Digital Product or User has been previously enabled during the registration verification process does not prevent Hotmart from taking such action as it deems appropriate, whenever it deems it appropriate. By accepting these Terms, you acknowledge that you are not entitled to compensation for any damages, pecuniary or non-pecuniary, if Hotmart takes any action based on the law, these Terms, the Hotmart Terms of Use, or the Hotmart Policies, including if you have your registration or any Product refused, if you have access to your account suspended or interrupted, if Hotmart terminates the license granted to you to use the Hotmart Platform or the Sales Solutions, or if you have a Digital Product removed from the Hotmart Platform or made unavailable.

8.2 Suspension or termination due to email bounce rate: Hotmart cares about the integrity and authenticity of your business leads. Therefore, Hotmart reserves the right to take actions designed to keep a reasonable level of failure when sending emails through Hotmart Send. Such actions may include suspending or terminating the provision of the Sales Solutions services, depending on the bounce rate deemed inadequate by Hotmart and/or the relevant Third-party Service provider. 

8.2.1 Blocks:

A) At the 1st (first) block, Hotmart may suspend the Hotmart Send email service for a period of 7 (seven) days

B) At the 2nd (second) block, Hotmart may suspend the Hotmart Send email service for a period of fifteen (15) days; and

C) At the 3rd (third) block, Hotmart may terminate the Hotmart Send email service pursuant to Clause 8.4 of these Terms.

The user’s account includes a monitoring mechanism to check the evolution of the bounce numbers, as well as alerts, each time it approaches the blocking percentages.

Once the percentages defined in item 8.2 above are reached, Hotmart may decide to take the appropriate measures at any time, with or without notice, regardless of notification. For this reason, the User should always monitor the evolution of the bounce numbers.

8.3 Termination without cause: By accepting this Agreement, Hotmart automatically grants you a nonexclusive license to use the Sales Solutions for an indefinite period of time. Accordingly, Hotmart may terminate this Agreement and its license to use this Agreement at any time, at Hotmart's discretion, by sending a notification, thirty (30) days in advance, to the email address you register in your account.

8.4 Justified Termination: Hotmart may terminate this Agreement immediately, without notice (a) if you breach these Terms, the Hotmart Terms of Use, or any conditions of the Hotmart Policies; (b) to prevent fraud; (c) to prevent the occurrence or aggravation of damages to you or to others; or (d) due to strict compliance with legal duty, by court order or determination of a governmental body or regulatory agency.

8.4.1 Immediate termination due to misconduct: Hotmart takes the integrity of the community using the Hotmart Platform and Sales Solutions very seriously. Accordingly, Hotmart may apply any of the measures set forth in Section 8 of these Terms, or, if it deems it necessary, may even terminate this Agreement immediately, without prior notice, (a) if Hotmart becomes aware of complaints about repeated or deliberate misconduct by you; (b) if you refuse to correct, include, or delete relevant information about the Digital Product or yourself in the Sales Solutions; (c) if the rates of chargebacks, complaints, and disputes regarding your account payment transactions are high; (d) if you provide incomplete, outdated, incorrect, fraudulent or inaccurate information in your registration process, about the Digital Product, or to receive service from Hotmart; (e) if you do anything harmful or detrimental to Hotmart, and Hotmart believes that the termination of the Agreement is a necessary measure, on reasonable grounds, to protect the health, safety, reputation, honor and rights of Hotmart, its employees, collaborators, investors, partners, administrators, its Users or third parties affected by your action or omission.

8.5 The effects of Termination: If Hotmart terminates this Agreement by discontinuing your access to and/or the use of the Sales Solutions, in any modality and for any reason, you must observe the following conditions:

8.5.1 Account Access: If this Agreement is terminated, you will not be entitled to a restoration of your account to use or to access the Sales Solutions, nor to the maintenance of the pages you have generated through the Sales Solutions. Also, you will not be able to register a new account to use or access the Sales Solutions, or register a new account on the Hotmart Platform, or access or use the Sales Solutions through another User's account.

8.5.2 Provision of Data: Hotmart is not required to provide Users with additional data to which they already have access as a result of their regular use of the Sales Solutions, in compliance with Hotmart's Privacy Policy. 

8.5.3 Specific Agreements with Hotmart: If this Agreement is terminated and you have entered into any other specific agreement with Hotmart, this other agreement will also be terminated immediately.

8.6 Clauses that will survive the Termination: Sections 5 and 6 of these Terms shall survive any termination of this Agreement.

9 Reporting and dispute resolution mechanisms

9.1 Reporting Mechanisms: Hotmart has two (2) channels for any interested parties to report the violation of rights and other irregularities on the Platform and/or in the Sales Solutions, including violations of these Terms and Hotmart Policies, which are the Ethics Line and the Help Center. These reports are investigated rigorously, and may result in various consequences for those involved. Therefore, it is very important that the Hotmart service channel be used ethically. In case of doubt about whether an infraction has occurred, we recommend that you seek legal advice before sending any notification, and also consider whether there are ways to prove what you intend to report.

9.2 Reports regarding violation of intellectual property rights: If your report is regarding the violation of intellectual property rights, you must follow all the guidelines of the service channel, including sharing information that can prove the facts reported, in particular: (a) your contact information, so that we can communicate with you; (b) information about the content reported, with details about what happened and the documents demonstrating the facts reported, to the extent possible; and (c) information about the ownership of the intellectual property rights that may have been violated. The complaint must be sent by the person whose intellectual property rights have been violated, or by a representative with power of attorney. Hotmart does not accept reports submitted by third parties. By submitting a report, the reporter is acknowledging and agreeing that Hotmart will share their information with the reported party, and that the reported party may contact the reporter to clarify the facts and resolve the issue.

Within 10 days from the forwarding of the complaint by Hotmart, the reported party may submit its defense, informing the reasons that disqualify the complaint submitted and proving ownership of the right allegedly violated. The accused party must send: (a) their contact information; (b) information about the reported content; (c) information about the ownership of intellectual property rights on the reported Product or page, including the relevant supporting documentation; and (d) statement of disagreement about the reported violation of intellectual property rights, being liable for any damage caused by the continued marketing or access to the Product or page subject of the report.

The provisions of this Section 9.2 do not apply to domain name disputes. See Section 9.10 for more on disputes of this nature.

9.3 Complaints about dissemination of nudity or private sexual acts: If your complaint is related to the violation of intimacy resulting from the dissemination, without authorization from its participants, of images, videos or other materials containing nudity or private sexual acts, Hotmart will make such content unavailable, within the scope and technical limits of its service, in a diligent manner, within ten (10) calendar days from the date of receipt by Hotmart of all information necessary for Hotmart to take this action. To do so, you must accurately indicate: (a) the URL where the material that is the subject of the report is located; and (b) the means that enables Hotmart to identify the victim in the reported material, as described therein. You may only report content that involves you, a family member, or another person for whom you are the legal representative, with proof of the relationship or kinship. Material involving other people should be reported by them, their family members, or guardians.

9.4 Steps to be taken by Hotmart: Any complaint must be forwarded containing all the information required in the previous items. Hotmart will not initiate any verification process if it verifies the absence of any of that information.

9.5 No anonymity: Hotmart will not pursue anonymous reports.

9.6 Whistleblower Liability: The intentional submission of false or misleading reports may lead to the application of any of the measures provided in Section 8 of these Terms, including permanent account blocking if the whistleblower is a User of the Sales Solutions, in addition to their liability for damages in accordance with applicable law. Please be advised that bad faith whistleblowers may be investigated by the appropriate authorities, and that Hotmart will cooperate with official investigations in this regard. The whistleblower is fully liable for any damages it causes to the reported party, to Hotmart or to third parties due to unfounded reports, especially in cases where Hotmart, in view of the report, and at its sole discretion, preventively or permanently blocks the access or use of the Sales Solutions.

9.7 Complaint investigation process: If Hotmart deems that a complaint does not have sufficient grounds or evidence to initiate an internal fact-finding process, Hotmart may dismiss the complaint and close the reported occurrence. If Hotmart deems that the investigation of the facts is necessary, it shall forward the complaint to the reported party or the person responsible for the page created by means of the Sales Solutions, notwithstanding Hotmart adopting, preventively and at its sole discretion, any of the measures provided in Section 8 of these Terms, in isolation or cumulatively. The accused party may respond to the complaint within 10 days after it is sent by Hotmart.

Hotmart may initiate an internal investigation procedure, at any time, whenever it considers it necessary to investigate the reported facts, especially in the event of (a) reports whose clarification is capable of resolving the potential dispute between Users, (b) facts that have not been clearly reported, but that bring indications of irregularities practiced by the reported party; or (c) reports with inconsistencies or indications of bad faith, fraud or malice of the reporting party. The results of internal investigations conducted by Hotmart may be shared with the competent authorities, whenever required by law or necessary. If sharing is not required by law, Hotmart is solely responsible for determining whether or not it will disclose any results of its investigation.

9.8 Hotmart's Evaluation of the Complaints: If the accused party does not respond to the complaint within ten (10) days, Hotmart may apply, on a permanent basis, any of the measures provided for in Section 8 of these Terms, in isolation or cumulatively, if it deems it appropriate, making the reporting party aware and communicating the measures to the affected User. Hotmart may also apply any of the measures set forth in Section 8 of these Terms, either solely or cumulatively, if, in light of the reported party's response, Hotmart concludes that there has been a breach of these Terms, the Hotmart Terms of Use, the Hotmart Policies, violation of rights, or other irregularities relating to the Sales Solutions. If Hotmart, on its own or a third party determined by it, believes that the reported matter is reasonably disputed, Hotmart may institute a dispute resolution procedure between the Users.

9.9 Dispute Resolution between Users: Disputes between Users arising from the relationships derived from the Sales Solutions, must be resolved between the Users directly. In order to facilitate the dialogue for the resolution of disputes, in addition to the reporting channel, Hotmart offers a User support service, which is free of charge, and that can be reached through the email at suporte@hotmart.com. Once activated, the support service can contact the Users involved in a dispute. You agree that you shall apply your best efforts to respond to support service calls, with a focus on resolving the problem, in the shortest possible time and within the deadlines established by Hotmart. If it is not possible to resolve a dispute between the Users, Hotmart may (but is not obliged to) resolve the dispute by its own decision, based on good faith and fairness, taking into account the rules in these Terms, the Hotmart Terms of Use and the Hotmart Policies. Hotmart may delegate the resolution of any dispute to third parties that it determines, including self-regulatory mechanisms. Hotmart's decision regarding the dispute, or whoever it assigns, must be fully followed without any appeal by the Users involved.

9.10 Resolution of Domain Name Disputes: Domain name disputes must be resolved under ICANN's Uniform Domain Name Dispute Resolution Policy by submitting a complaint to one of ICANN's listed dispute resolution providers. By accepting these terms, you acknowledge that Hotmart will not transfer, cancel, or make changes to domain name registrations unless ordered to do so by a competent agent, in accordance with ICANN's rules. You also acknowledge that Hotmart is not a party in any dispute regarding the registration and use of Users' or any third party's domain name, and you shall not name Hotmart as a party, or in any way include Hotmart in any such dispute.

10 Final Provisions

10.1 Jurisdiction and Applicable Law: These Terms are governed by the laws of Brazil, to the exclusion of any other. The competent jurisdiction, to the exclusion of any other, however privileged it may be, to settle any controversies regarding these Terms, is the Court of the city of Belo Horizonte, Brazil. 

10.2 Questions: The Site is your primary source regarding the Sales Solutions Terms of Use and any programs, functionality, features or issues in general relating to the Sales Solutions. The www.hotmart.com website is your primary source regarding the Hotmart Terms of Use, the Hotmart Policies, and any programs, functionality, features or issues in general relating to the Hotmart Platform. On the website, you can also find free educational material, plus tips and best practice guides. No third party has the right or authorization from Hotmart to speak on its behalf, and all practices set forth or suggested by such persons should be considered unofficial. If the information contained on the website is not sufficient to answer your questions, please contact our support here.