Terms of use
Updated on August 30, 2024
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
AS YOUR USE OF THE PLATFORM DEMONSTRATES YOUR AGREEMENT TO THESE TERMS
The platform https://despezzas.com.br/ ("Platform" or “Despezzas Platform” or “Site”) is a digital financial management structure designed to help users manage their finances efficiently and practically, facilitating tracking of expenses and income and providing a detailed view of the user's financial health.
These Terms and Conditions of Use govern the use of this operating system and all resources, applications, services, technologies, and software available on the Despezzas Platform, owned by the company BGJ Research Ltda., registered under CNPJ No. 51.292.115/0001-38, headquartered at Av. Afonso Pena 3351, room 1102, Letter BG - Belo Horizonte/MG, unless we expressly clarify that other terms (and not these) apply.
Introduction
We indistinctly refer to “Despezzas Platform” or simply Platform both the website https://despezzas.com.br/ and its subdomains, as well as the Despezzas App, its interfaces, and other means by which the Platform provides its resources.
By accessing or using the Platform, you agree to be bound by these Terms, which have the legal nature of an adhesion contract. You must read these Terms carefully, as they contain important information about your rights and obligations regarding access to or use of Despezzas Platform’s resources or services.
Thus, these Terms and Conditions of Use aim to inform the responsibilities, duties, and obligations of every user when accessing and/or using the Despezzas digital platform, as described in the items below.
These Terms and Conditions of Use are available at any time to the user, through the address: https://despezzas.com.br/terms
By browsing the Despezzas Platform, the user confirms that they have read, understood, and agreed to these Terms and Conditions of Use, being aware that the provisions herein will regulate the relationship between the Platform and the user/you. If you do not agree with all the terms that follow, you must refrain from using or accessing the platform.
PRELIMINARY INFORMATION
These Terms and Conditions of Use govern access to or use of resources contained in the Platform for all Users, anywhere in the world.
These Terms and Conditions of Use constitute a binding contract between you, as a User, and BGJ Research Ltda., as the owner of the Platform, and govern your access and use: (a) of the website https://despezzas.com.br and its subdomains; (b) of the Despezzas App and (c) of all services related to the resources made available by the Despezzas Platform.
By accepting these Terms or registering on the Despezzas Platform, you declare that you are aware of and agree to the content of these Terms and Conditions of Use and the other applicable Policies of the Despezzas Platform, including the Privacy Policy. The Policies of the Despezzas Platform are an integral part of these Terms and are incorporated by reference, even if presented in separate texts. In case of conflict, the rules of these Terms must prevail over the conditions established in other Policies of the Despezzas Platform, unless there are specific provisions stating that a certain Policy prevails. These Terms and their updates also prevail over any previous proposals, understandings, or agreements, whether verbal or written, that may exist between you and the Despezzas Platform.
After you accept these Terms or register on the Platform, BGJ Research Ltda. automatically grants you a non-exclusive license to use the Platform. The resources contained in the Despezzas Platform are licensed in their existing state. They may be modified, replaced, or removed from the Platform at any time without prior notice.
Compliance with the conditions of these Terms is essential for the legitimate use of the resources made available in the Platform. If you use the Platform in a manner inconsistent with these Terms, different measures may be applied by the Platform, at any time, with or without prior notice. Such measures may include, without limitation, (a) the suspension of access to a service, (b) the cancellation of your registration, or (c) the termination of your license to use the Platform. The way these and other measures are applied is detailed throughout these Terms.
By accepting these Terms, you authorize the Despezzas Platform to report to the competent authorities any act related to the access or use of the Platform that it considers to have indications of irregularities or illegalities. The reported User cannot require the Despezzas Platform to pay any type of compensation for property or non-property damages as a consequence of this communication.
The Despezzas Platform is concerned about your privacy and is committed to preserving it. The handling of personal data related to your access and use of the Platform is described in our Privacy Policy.
By using the services of the Despezzas Platform, you take responsibility for identifying, understanding, and complying with all applicable laws, rules, and regulations. This may include, among others, civil standards, intellectual property standards, as well as standards on taxes or accounting.
By accessing and using the Despezzas Platform, the User declares and guarantees that (i) all information, personal or otherwise, submitted by the User is true and accurate; (ii) they will maintain the truthfulness of any information provided; (iii) they will update their data whenever necessary, especially contact data; (iv) they will not submit any personal information if they are under 18 years of age; (v) when using the app, they will not violate any applicable law or regulation; and (vi) they will not reverse engineer or decompile the website or its parts.
The Despezzas Platform reserves the right to modify these Terms at any time. If these Terms are altered, the Platform will publish the revised Terms and inform the date of the last update (“updated version on”). Therefore, we recommend that you stay alert for new updates, as your access and use of the platform will be linked by any changes to these Terms and Conditions of Use.
If the Despezzas Platform does not immediately exercise any right it has under the law or these Terms, for any reason, or even if it fails to exercise a right in a particular case, this does not mean that it waives the exercise of those rights. The Platform may exercise its rights at any time, at its discretion, and if it waives the exercise of any of its rights individually, this does not mean that it is waiving the exercise of its rights as a whole.
The use of examples in these Terms, as well as the use of expressions such as "including," and other similar terms, cannot be interpreted as limiting the scope of the rules that use them, always serving an exemplifying function and, therefore, not exhaustive.
1. Despezzas Platform
The Despezzas Platform is an online application for personal finance control and management. Through advanced features, such as automatic categorization of transactions and detailed reports, the Despezzas Platform aims to simplify the financial tracking process, allowing users to have a clear and organized view of their expenses and income, thus enabling more informed financial decisions.
For your registration on the platform, the Despezzas Platform may ask you some questions and request some information to enable the legal relationship intended by the parties. However, the information collected is described in this Instrument and is compatible with the prerogatives provided in related legislation.
Features
Among the main features offered by the Platform are:
- Report Visualization: the ability to filter and view the user's financial data by dates, accounts, and credit cards, gaining insights into finances;
- Automatic Categorization: open finance transactions are automatically categorized;
- Integration with Open Finance: Direct connection of the user’s bank accounts and credit cards to Despezzas;
- Transaction Management: Ability to add, edit, and delete transactions easily, keeping financial control updated;
- Overview of Balance: Real-time tracking of your account balances;
- Financial Planning: Possibility to set goals and plans for future spending;
Among the features restricted to “premium users” are:
- Access to Open Finance and the ability to create more than one account (limited to 3 accounts), card, category, spending limits, and goals.
Regarding access to the Open Finance system, it is important to emphasize that:
Not all financial institutions guarantee access to the Open Finance system. If the user’s institution does not provide linkage/access to the system, the use of the tool on the Platform will be impaired;
The availability of the Open Finance system is the sole responsibility of the user's financial institution, and the Platform assumes no responsibility for any instabilities in accessing the system or the financial institution to which the user is linked;
For the user to benefit from the linking tool to Open Finance, they must be a signatory of the “paid version” (premium user) and authorize, with the financial institution, to allow the app access to the system;
When using Open Finance to connect bank accounts, users declare that they are aware that the data received from the Open Finance system and its functioning are not the responsibility of the Despezzas App.
Relationship between Users and the Despezzas Platform:
By using the Despezzas Platform, you are a contractor for the services of BGJ Research Ltda., and do not become an employee, collaborator, representative, agent, partner, associate, or affiliate of the company that owns the Platform. You cannot present yourself as having such links with the Despezzas Platform. You must act solely in your own name and for your own benefit, and you cannot act on behalf of or for the benefit of the Platform.
No Promises of Performance, Income, or Results from the Use of the Platform:
The Despezzas Platform does not promise or guarantee that you will achieve any performance, income, or results from using the Platform or acquiring the paid version of the app. Thus, there is no guarantee that the use of the Platform will provide the financial goals desired by the user.
Access to the Internet and the Platform:
Due to the nature of the Internet, the Despezzas Platform cannot guarantee that the Platform will be available and accessible uninterruptedly. Furthermore, the owner of the application may restrict the availability of the Platform or certain areas or resources related to it as necessary, considering capacity limits, security, or integrity of its servers, as well as to perform maintenance or improvement measures for its services.
The Despezzas Platform cannot be held liable by the User or any third party due to restrictions or changes in access to the Platform and the Services. The company that owns and is responsible for the application may enhance and alter the Platform at any time, either to modify, replace, or remove existing Services or to add new Services. The equipment (computer, smartphone, tablet) and programs (browser) necessary for browsing on the Despezzas Platform and the proper provision of all internet resources (like connection), without exception, as well as maintaining the computer environment secure, using available tools such as antivirus and firewall, among others, updated, to contribute to electronic risk prevention, are entirely the responsibility of the user.
Provision of Third-Party Services:
The Platform may contain links to third-party sites or resources. These Third-Party Services do not integrate the scope of the Services of the Despezzas Platform and do not form part of the Platform. Therefore, they are subject to different terms and conditions, including regarding privacy practices. The Despezzas Platform is not responsible for the availability or accuracy of Third-Party Services, nor for their content, products, or services available on those Third-Party Services. The links to these Third-Party Services do not represent endorsement or agreement by the Despezzas Platform regarding them.
2. Eligibility, Registration, and Access to the Platform
To register an account on the Despezzas Platform, you must be at least 18 (eighteen) years old and fully capable of exercising all acts of civil life. Therefore, by registering on the Platform, the user declares that they meet these requirements. If registration on Despezzas is made on behalf of a legal entity, you declare that you have the authority and all necessary authorizations to bind it regularly, including granting the Despezzas Platform all the permissions and licenses referred to in these Terms or in the Policies of Despezzas.
The Despezzas Platform may cancel the registration of users under 18 years of age when it becomes aware that the user is a minor, but this does not create any right to any compensation or refund regarding the services purchased by the minor during the term of their registration.
Restricted Users:
The Despezzas Platform may refuse or cancel the registration of a certain User if it becomes aware, either on its own or through a substantiated third-party complaint, of a conviction, by res judicata, 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.
Suspension or Termination of Your Account:
If the Despezzas Platform restricts your access or use of the Platform, suspends your account, or terminates this Agreement, you may not register a new account on the Platform, nor access or use the Platform through another user's account, without prior authorization from the Despezzas Platform, provided that the reasons for the suspension or cancellation do not persist.
Registration:
To use the Platform, you are obliged to properly fill in all the data requested by the Despezzas Platform on the registration page. The Platform may require additional data from you at any time to complement the data already provided. If you submit false, incorrect, or incomplete information, your registration on the Platform may be suspended or canceled. The Despezzas Platform may refuse your registration or cancel it if it believes there is evidence that you are using or tending to use the Platform in violation of these Terms.
Registration on the Platform can be completed by providing your full name, email address, and password; or it can be accomplished through “social login” with Google or Apple.
Accuracy and Truthfulness of Data:
You are solely responsible for registering true, accurate, and updated data and are liable for the consequences of any untruthful, incomplete, or incorrect data or information you provide during registration or thereafter. Always check the information provided to the Platform before completing your registration.
Access Password and Account Activities:
You are solely responsible for your login, your password, and any activity conducted through your account on the Platform. The Despezzas Platform is not responsible for any damages, property or non-property, arising from the misuse of your account by third parties. It is essential that you maintain the confidentiality and security of your access credentials to your account on the Despezzas Platform, 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 linked directly or indirectly to the Despezzas Platform is authorized to request that you share your access password. You must notify the Despezzas Platform immediately if you become aware or suspect that your access credentials have been lost, stolen, inappropriately appropriated by third parties, compromised in confidentiality, or used in any way without your authorization.
Data Processing:
The Privacy Policy of the Despezzas Platform governs the processing of personal data that you provide to the Platform during the use and access of your applications.
3. Access and Use of the Despezzas Platform
The Despezzas Platform offers a secure environment for people to control and manage their finances. Thus, and without prejudice to other rules provided in these Terms or Policies of the Despezzas Platform: (a) you may not violate or attempt to violate any security measures of the Platform, nor take advantage of any discrepancies in the Despezzas systems; (b) you may not induce third parties to believe, by action or omission on your part, inside or outside the Platform, that you are an employee, collaborator, service provider, representative, or that you maintain any bond with the Despezzas Platform beyond being a User; (c) you may not interfere in transactions carried out between other Users; (d) you may not use any system to send requests for access to and use of the Services that exceed what would normally be possible to respond to in a given time frame, leading to access denial, deterioration, or otherwise altering the user experience of the Platform and its content; and (e) you agree not to use any automated system, including robots, spiders, scripts, or offline readers, that access the Services and use them in a manner contrary to that provided in these Terms or in the applicable legislation.
4. The Use of Resources
Information contained on the Platform:
The Despezzas Platform will make its best efforts to keep the information on its website as updated, complete, and accurate as possible. For this purpose, it will seek to correct any inaccuracies or omissions in the information on the site as quickly as possible.
Availability of the Platform:
The Despezzas Platform seeks to ensure that the information provided is accurate, complete, current, and that its use does not have interruptions or errors. However, we cannot guarantee the full operation of the app, as this depends on services provided by third parties, such as telecommunications companies and internet access providers. Furthermore, we will suspend the use and access to the Despezzas Platform in the event of fortuitous occurrences or force majeure events, for example, in cases of cyberattacks and others that may hinder the functionalities of the Platform and put users' information at risk.
User Privacy:
It is part of the Privacy Policy of the Despezzas Platform to respect the privacy of its users. Although the app environment is subject to monitoring for security reasons, the Platform will not disclose private information of its users without prior authorization, except in cases expressly provided for in the terms of the Privacy Policy or by court order or by force of Law.
For user security:
The Despezzas Platform does not request passwords, credit card data, or other banking data from its users via email, phone, or any other communication channel. Therefore, if you receive any communication individually with this type of approach and content, do not respond, disregard it, and if possible, forward your report to <suporte@despezzas.com.br>. The Despezzas Platform is active in combating electronic fraud and relies on its users' awareness for safe browsing practices on the Internet.
Reviews and Other User-Generated Content:
The Despezzas Platform may, at its sole discretion, allow Users to post comments and/or rate Services (“User-Generated Content”) in certain areas of the Platform, available to all internet users or, occasionally, only to users of the paid version of the Platform. The User acknowledges that they are solely responsible for all content published by them, releasing the Platform from any responsibility related to any complaints, claims, losses, and damages caused to third parties.
Content Made Available to the User:
By acquiring a product/service made available by the Platform (“paid version”), the user is acquiring the right to access its content, under the terms established in this Instrument and the Policies of the Platform. The purchase of the Product does not grant the user rights of intellectual property over the Product. The user is not authorized to sell or transfer the Product, in whole or in part, even if freely. The Despezzas Platform may temporarily or permanently cease the user's access to the Product, including by blocking access to the Product or blocking the User, if there is a breach of these Terms and/or other Policies of the Despezzas Platform, as well as if there is suspicion of fraud. A fraud may be characterized by providing or sharing a password, as well as by other conduct, such as unauthorized download, transmission, retransmission, or storage of the Product.
5. Permissions, Prohibitions, and Responsibilities of Users
The user is allowed to use the App for personal and non-commercial purposes, such as:
(i) Personal Finance Management: Tracking and organizing personal expenses, setting financial goals, and monitoring your budget;
(ii) Spending Pattern Analysis: Utilizing the App's tools to analyze your consumption habits and identify savings opportunities;
(iii) Accessing Educational Content: Taking advantage of articles, tutorials, and financial tips provided in the App to improve your knowledge of personal finance.
The user is prohibited from, among other things:
(i) violating any municipal, national, or international legislation that is integrated into the Brazilian legal system or that, for any legal reason, must be applied in Brazil;
(ii) engaging in acts contrary to morals and good customs when making comments in the Platform’s environment;
(iii) impersonating another person, whether natural or legal;
(iv) uploading, transmitting, disclosing, displaying, sending, or in any other way making available any content that is illegal, including, but not limited to, content that is offensive to the honor and privacy of others, pornographic, obscene, defamatory or slanderous, vulgar, prejudiced, racist, discriminatory, that advocates crime or is in any other way censurable, or that may generate any civil or criminal liability according to the Law;
(v) uploading, transmitting, disclosing, displaying, sending, or in any other way making available any content that violates any third-party rights, including Intellectual Property Rights (as defined below);
(vi) uploading, transmitting, disclosing, displaying, sending, or in any other way making available any type of unsolicited advertisement, promotion, or promotional material not authorized by the Despezzas Platform, such as unsolicited messages or mass messages (known as "junk mail" or "spam");
(vii) uploading, transmitting, disclosing, displaying, sending, or in any other way making available any content that contains viruses or any other code, file, or computer program intended to interrupt, destroy, or limit the functionality of any software, hardware, or equipment;
(viii) violating third-party rights to confidentiality and privacy;
(ix) engaging in any acts that, directly or indirectly, in whole or in part, may harm the Despezzas Platform, other users, or any third party;
(x) using tools or anonymous proxy for the purpose of making your IP address (internet protocol) anonymous;
(xi) assaulting, slandering, libeling, or defaming other Users or third parties, including employees, collaborators, representatives, agents, partners, or associates of the Despezzas Platform with whom you have contact. If the Platform finds that you have assaulted, harassed, discriminated, or otherwise injured the rights of these people, the Despezzas Platform may, at its discretion, take measures provided in these Terms, which may include suspending your license to use the Platform and terminating the provision of Services, excluding you from the Platform, in addition to seeking compensation for any damages, property, or otherwise;
(xii) accessing the application or its services in an unauthorized manner, such as through hacking, use of exploits, reverse engineering, or any other technique that could compromise the security of the system;
(xiii) manipulating, altering, or falsifying data within the application to deceive the system or for other illegal purposes, such as financial fraud;
(xiv) sharing access credentials with others or allowing third parties to access your account;
(xv) using scripts, bots, or any automated software to interact with the application, conduct transactions, or collect data in an unauthorized manner;
(xvi) using the application for illegal activities, such as money laundering, financing illegal activities, or any other action that violates local, national, or international laws;
(xvii) copying, distributing, modifying, or creating derivative works from the application;
(xviii) decompiling, reverse engineering, or attempting to discover the source code of the application;
(xix) creating accounts with false identities or using third-party information without authorization to access the application;
(xx) distributing, through the application, any type of malware, viruses, or malicious content that may harm the system or other users;
(xxi) using the Open Finance functionality without following the established rules and regulations for integration with bank accounts;
(xxii) Creating and using multiple accounts to manipulate the system or gain undue benefits;
(xxiii) Abusively utilizing the App's resources, such as exceeding the established limits for the number of transactions, reports, or data usage.
It is the responsibility of the user, among others:
(i) to preserve the reputation of the Despezzas Platform and avoid any practice that may, directly or indirectly, discredit the Platform, its Services, its employees, collaborators, representatives, agents, partners, or associates.
(ii) to keep the Despezzas Platform harmless from liability and to compensate for any damages caused to the Platform by actions or omissions imputable to the user. This obligation to avoid and repair damages includes property and non-property damages, in addition to all expenses incurred by the Platform as a result of conduct attributable to the user, such as expenses with legal actions, extrajudicial agreements, and with attorney and expert fees. You also undertake to keep harmless and to repair any damages you cause to the partners of the company that owns the Despezzas Platform, its controllers, its controlled or affiliated companies, its administrators, directors, managers, employees, agents, collaborators, representatives, and attorneys.
(iii) to maintain a healthy and harmonious relationship with other Users and with third parties while using the Platform;
(iv) to ensure that all financial information entered in the application, such as transactions, balances, and categories, is accurate and complete;
(v) to regularly update financial data to reflect the actual financial situation;
(vi) to keep your login credentials (username, password) secure and confidential;
(vii) to avoid sharing access information with third parties to prevent unauthorized access;
(viii) when using the Open Finance functionality to connect bank accounts, users must be aware and agree with the automatic importation of transactions, also must be aware that the regular functioning of Open Finance is not the responsibility of the Despezzas Platform, which will not be held liable for any failure or instability of the system;
(ix) to ensure that the authorization to access accounts always complies with your intentions and needs;
(x) to keep the confidentiality of your personal and financial data;
(xi) if you identify any errors, failures, or unexpected behavior in the app, to report these issues to technical support so they can be promptly corrected;
(xii) to respect these Terms and the other Policies of the Platform, avoiding practices such as attempting to hack, modify, or decompile the software;
(xiii) not to use the application for illegal or unauthorized purposes;
(xiv) if the user opts for paid services or subscriptions within the app, they must manage these payments and ensure that their payment information is valid and updated.
6. Intellectual Property
Of the rights of the Despezzas Platform:
The website, content, and any other texts, graphics, images, photos, illustrations, brands, trade names, service marks, logos, information, source code, layouts, domain names, software, know-how, and other materials available on the Despezzas Platform are all protected by intellectual property rights.
All Intellectual Property Rights present on the site and exemplified above are owned or licensed to BGJ Research Ltda. The commercial exploitation, transmission, disclosure, modification, reproduction, copying, or any other forms of commercial use of such content by the user are strictly prohibited.
Reproduction of content for personal use
Reproducing any content from the Platform is prohibited, except in cases where it is intended for the user’s exclusive personal use. In no case will the user acquire any Intellectual Property Rights over said content.
In case of violation by the user of any Intellectual Property Rights of BGJ Research Ltda. (Despezzas Platform), the user assumes all and any civil and/or criminal responsibility arising from said violation.
Submission of unsolicited information
The Despezzas Platform has a policy of not accepting or considering ideas, suggestions, or creative materials, including but not limited to notes, drawings, concepts, comments, suggestions for techniques, information about know-how, advertising material, video, or other information different from those specifically requested for the user's registration on the Platform. The intention of this policy is to avoid the possibility of future misunderstandings when projects developed by professionals from BGJ Research Ltda. are similar to creative works from third parties that have submitted any content to the Despezzas Platform.
All submissions will be treated as non-confidential and non-proprietary, and the Platform may use, exploit and dispose of submissions in any way it sees fit. The Despezzas Platform will not be liable for the use or disclosure of any submissions, and it is hereby acknowledged that nothing will be owed to the user as a result of the use or disclosure of submissions.
User-generated content
By agreeing to this policy, the user also authorizes the Despezzas Platform to use, copy, reproduce, make available, transmit, share, translate into other languages, and insert in other materials (including, but not limited to, the platform, videos, and advertising materials) for any purposes, including for commercial, advertising, or institutional purposes, any statements, testimonials, or comments related to the Despezzas Platform.
Prohibition on Use of Brand or Inappropriate Association with Despezzas:
The user may not use any brand, logo, or trade name of the Despezzas Platform to advertise any Product, nor indicate directly or indirectly that the Platform has associated with, approved, or certified the Product. You must use and access the Platform only to the extent necessary to use the Services of the Despezzas Platform.
7. Paid Version of the Application
The Despezzas Platform offers users a paid version of its application, with the license for use of the “paid version” and utilization of its functionalities depending on specific hiring by the user, who is required, in this case, to compensate the Platform as per commercial conditions disclosed on the website and application.
The paid version of the Despezzas application guarantees the user the creation of up to 3 (three) accounts and unlimited creation of categories, cards, goals, as well as the establishment of goals. The user of the paid version, referred to as a “premium user,” may also have automatic connection with the Open Finance system.
The Despezzas application accepts, as payment methods, credit cards and “gift cards,” as clarified on the Platform itself. Payments are processed via Apple Pay and Google Pay.
Refund Policy
Subscriptions made through Apple Pay or Google Pay are subject to the refund policies of those platforms. BGJ RESEARCH LTDA does not directly manage refund requests. Therefore, you must contact Apple or Google directly to address any refund requests if necessary.
8. Limitations of Liability of the Despezzas Platform
We remind you that, by using the Platform, you are a contractor for the services provided by the Despezzas Platform. By accepting these Terms and using the Platform, you do so voluntarily, at your own risk. Hence, except for cases of liability determined by law, the Despezzas Platform is not liable for any damages resulting from access to or use of the Platform, whether property or non-property, direct or indirect, actual damages or loss of profits. The Despezzas Platform is not liable, including but not limited to: (a) damages arising from Users’ noncompliance with their legal or contractual duties towards other Users; (b) damages arising from error, incompleteness, untruthfulness, or inadequateness of information provided during payment processing; (c) damages arising from materials, information, or content published on third-party sites, nor for the availability of these sites, it is the User's responsibility to use their own judgment, caution, and common sense when accessing third-party sites, and to check the respective privacy policies and applicable terms of use; (d) damages due to technical difficulties or failures in systems, servers, or the internet; (e) damages resulting from virus attacks on the User's equipment occurring during the use of the Platform, or as a result of data transfer, files, images, texts, or audio or (f) damages arising from the unauthorized providing of Products from the Despezzas Platform, in whole or in part, on the Platform or other pages and internet applications, by Users or third parties, due to piracy activities, such as, but not limited to, copying, unauthorized download, modification, reproduction, distribution, storage, transmission, sale, resale, and reverse engineering of content.
Exclusion of BGJ Research Ltda. from the Passive Pole of Any Dispute:
By accepting these Terms, you hereby agree to exclude BGJ Research Ltda. from the passive pole of any type of claim or lawsuit, judicial or extrajudicial, that you start against other Users or third parties regarding the use of the Platform. This exclusion also applies in favor of the partners of BGJ Research Ltda., its controllers, its controlled or affiliated companies, its administrators, directors, managers, employees, agents, collaborators, representatives, and attorneys.
9. Violations of the Terms and Policies of the Despezzas Platform and Hypotheses of Contract Termination
If the user fails to observe any condition of these Terms or any Policy of the Despezzas Platform, in whole or in part, the Platform may apply different measures, at its sole discretion, either isolated or cumulative, with or without prior notice, at any time and for as long as it deems necessary. Among those measures, without prejudice to others not foreseen in these Terms, the Platform may impose: (a) warning; (b) limitation, removal, or termination of access to the contracted service; (c) limitation of access, suspension or termination of any special benefit or special category offered by the Platform; (d) limitation, suspension, or termination of access to any special functionality of the Platform; or (e) termination of this Contract.
Preventive Measures:
The Despezzas Platform may, at its discretion, adopt preventive measures to verify possible violations of the Terms or Policies of the Despezzas Platform or if it understands it necessary to protect its own interests or those of third parties. Such measures may last as long as necessary for eventual correction or verification to be made, or until the Platform decides whether to terminate or not the Services or apply other measures. Preventive measures may result in the temporary suspension of Despezzas Platform Services to a certain Product or User. In this case, during the entire suspension period, the Despezzas Platform may alter or withdraw total or partial access to some functionalities of the User's account, at which point the User will not have the right to compensation for any damages, property, or otherwise, arising from the preventive measures applied by the Platform.
Suspension or Termination of Despezzas Platform Services:
The values and principles of the Despezzas Platform are supported by respect for others and freedom, and we are always committed to facilitating entrepreneurship, knowledge, and education so that more people achieve personal and professional development. Therefore, the Despezzas Platform reserves the right to take various actions to protect the Platform or our community, based on justified requests from third parties or on its own initiative. Such measures may include suspending or interrupting the provision of Services, terminating the license of use granted to Users, as well as any other measures provided for or not in Section 5 of these Terms. The Despezzas Platform may decide to take these and other measures at any time, with or without prior notice, either isolated or cumulatively. Any decision by the Platform in this regard will be made at its sole discretion, for reasons that may include: (a) the noncompliance with these Terms or the Policies of the Despezzas Platform; (b) the practice of an act that contradicts the values or principles of the Despezzas Platform in any manner; (c) any conduct, practiced inside or outside the Platform, that may negatively impact the image of the Despezzas Platform, or that may bring the company or its business into public discredit, dishonor, scandal, or ridicule. The fact that any User has previously been approved during the registration verification process does not prevent the Platform from taking the measures it deems appropriate when it deems it appropriate. By accepting these Terms, you acknowledge that you are not entitled to any compensation for any damage, property, or non-property, if the Despezzas Platform takes any action based on the law, these Terms, or the Policies of the Platform, including if you have your access to your account suspended or interrupted, or if the Platform terminates the license of use granted to you.
Unmotivated Termination:
By accepting this Contract, the Despezzas Platform automatically grants you a non-exclusive license to use the Platform, for an indefinite period. Thus, the Despezzas Platform may terminate this Contract and the respective license to use at any time, at the discretion of the company that owns the Platform, by sending a notification 30 days in advance to the email address you registered in your account.
Motivated Termination:
The Despezzas Platform may terminate this Contract immediately, without prior notice, (a) if you violate these Terms or any conditions of the Policies of the Despezzas Platform; (b) to prevent fraud; (c) to prevent occurrence or aggravation of damages to oneself or to third parties; or (d) due to strict compliance with legal obligations, by judicial decision or determination by a governmental agency or regulatory agency.
Immediate Termination due to Inappropriate Conduct:
The Despezzas Platform takes the integrity of the community using the Platform very seriously. Thus, the Despezzas Platform may apply any of the measures provided in these Terms, or, if deemed necessary, it may even terminate this Contract immediately, in whole or in part, without prior notice, (a) if you repeatedly receive negative reviews or comments; (b) if you provide incomplete, outdated, incorrect, fraudulent, or inaccurate information during your registration process; or (c) if you do something harmful or detrimental to the Despezzas Platform and the company that owns the Platform believes that the termination of the Contract is a necessary measure, on reasonable grounds, to protect the health, safety, reputation, honor, and rights of the owning company, its employees, collaborators, investors, partners, administrators, Users, or third parties affected by actions or omissions you carry out.
Effects of Termination:
If the Despezzas Platform terminates this Contract, interrupting the provision of Services, in any modality and for any reason, you must observe the following conditions:
- Access to Account: If this Contract is terminated, you will not have the right to restore your account on the Platform. You will also not be able to register a new account on the Platform, nor access or use the Platform through another User's account.
- Providing Personal Data: The Despezzas Platform is not obliged to provide Users with additional data to which they already have access as a result of regular use of the Platform, in compliance with the Privacy Policy.
- User Support after Termination: User support and respective account access, if existing, will be automatically terminated with the termination of the Contract. If necessary, the interested user should address any remaining doubts or issues arising from the termination to the 'customer support service' of the Despezzas Platform.
10. Terms
These Terms and Conditions of Use will remain in full force and effect while: (i) services are made available on the Platform and are not replaced by other Terms and Conditions of Use; (ii) the user is accessing the Platform; and (iii) none of the aforementioned hypotheses for termination of the Contract are implemented.
The user may request the removal of their registration data and terminate their participation in the Platform at any time, regardless of the reason, by sending the request to the email indicated on the Platform.
11. Notifications
All notifications to the Despezzas Platform must be made in writing, to the email <suporte@despezzas.com.br>. The Despezzas Platform may disclose notifications or messages through the Platform to inform the user about changes to the Platform, these Terms of Use, or the Privacy Policy, among other relevant matters.
12. Communications
The user, by accepting these Terms and Conditions of Use, authorizes the Despezzas Platform to communicate with them through any electronic means, such as cell phone, text message (SMS or text message), email, as well as via SAC, and also, physical correspondence.
13. Applicable Legislation and Jurisdiction
This Terms and Conditions of Use should be read and interpreted together with the Privacy Policy of the Despezzas Platform, and both are governed by the laws in force in the Federative Republic of Brazil, mainly by the Federal Constitution, Civil Code, Consumer Defense Code, General Law of the Civil Internet Framework, and the General Data Protection Law.
All matters related to the interpretation, compliance, or any other questions regarding these Terms and the Privacy Policy, the parties submit to the jurisdiction of the District of Belo Horizonte, State of Minas Gerais.
14. General Provisions
If any provision of these Terms and Conditions of Use becomes invalid or unenforceable, such provision will be nullified, and the remaining provisions will be maintained.
The omission of the Despezzas Platform concerning any failure by the user or others to comply with these Terms and Conditions of Use does not signify a waiver of the Platform's rights to act regarding subsequent or similar failures.
The Despezzas Platform may modify these Terms and Conditions of Use at any time, at its sole discretion, by publishing updated terms and conditions of use. We recommend that every time you access the Despezzas Platform, you pay attention to new updates, as your access and use of the platform will be linked by any changes to these Terms and Conditions of Use.
15. Service Channels
If you have any questions regarding these Terms and Conditions of Use, please contact the Despezzas Platform via email suporte@despezzas.com.br
The user has this communication channel to clarify all their doubts, solve any problems, and present complaints or other information about the products offered on the Despezzas Platform. The days and times of service at the Despezzas Platform’s service channels are from Monday to Friday, from 8 am to 6 pm.
Updated version on August 30, 2024
