Terms of Use

1. TERMS OF USE

The provisions set forth in this TERM must be observed by the USER when using the SITE, especially when using its features and tools. By visiting the SITE, the USER declares that they have read and accepted these Site Terms of Use (the “TERM”).

The acceptance provided by the USER implies acknowledgment that they are capable of and responsible for all their actions. If the USER has any questions regarding this document, they may contact HUBSOFT before accepting it.

The USER understands that this document has a contractual legal nature and agrees that its acceptance will bind the USER to its terms and conditions. The USER is responsible for remaining attentive to possible updates to this document, which may be made by HUBSOFT at any time without prior notice.

1. SITE USAGE RULES

The USER shall always use the SITE in compliance with and observance of this TERM, applicable law, customs, and public order.

The USER agrees that they may not:

1. Infringe upon the rights of third parties, regardless of their nature, at any time, including while using the SITE;
2. Engage in acts that limit or prevent other USERS from accessing and using the SITE under appropriate conditions;
3. Illegally access the SITE or third-party information systems related to the SITE or HUBSOFT by any means or in any manner;
4. Disseminate programs or viruses capable of causing damage of any kind, including to HUBSOFT’s or third parties’ equipment and systems;
5. Use mechanisms other than those expressly enabled or recommended on the SITE to obtain information, content, and services;
6. Engage in any acts that may in any way cause any loss or damage to HUBSOFT or other USERS;
7. Access programming areas of the SITE, databases, or any other set of information beyond the public or restricted areas of the SITE permitted to USERS;
8. Perform or allow reverse engineering, translate, modify, alter the language, compile, modify, reproduce, rent, sublease, disclose, transmit, distribute, use, or otherwise dispose of the SITE or the tools and features made available therein by any means or in any manner, including in a way that violates HUBSOFT’s rights (including HUBSOFT’s Intellectual Property) and/or those of third parties;
9. Engage in or participate in any act that constitutes a violation of any right of HUBSOFT or third parties or of any applicable law, or act by any means or in any manner that may contribute to such violation;
10. Interfere with the security of or misuse the SITE or any system, network, or service resource connected to or accessible through the SITE, and access the SITE only for lawful and authorized purposes;
11. Use HUBSOFT’s domain to create links or shortcuts to be made available in unsolicited emails (spam messages) or on third-party or the USER’s own websites, or to take any action that may harm HUBSOFT or third parties;
12. Use the tools and features of the SITE to disseminate messages unrelated to the SITE or its purposes, including racist, ethnic, political, religious, or cultural messages, or messages that are disparaging, defamatory, and/or slanderous toward any person or social group.

The USER agrees to indemnify, defend, and hold HUBSOFT harmless from any claim, notice, summons, or judicial or extrajudicial action, or from any liability, damage, cost, or expense arising from any violation and/or infringement committed by the USER or any person acting on their behalf, with their consent or tolerance, in connection with the SITE (including in relation to any provision of this TERM), including any person who has obtained the USER’s data related to their Access Account or browsing on the SITE.

HUBSOFT may, at its sole discretion, block, restrict, disable, or prevent any USER from accessing the SITE, in whole or in part, without prior notice, whenever inappropriate conduct by the USER is identified, without prejudice to the adoption of any administrative, extrajudicial, and judicial measures it deems appropriate.

1. USER REGISTRATION

The USER acknowledges that the data registered on the SITE will be stored and used by HUBSOFT. Registration and subscription will be completed upon obtaining each USER’s express consent to the collection, use, storage, and processing of personal and professional data by HUBSOFT and/or third parties hired by it to carry out any related procedure or process, under HUBSOFT’s Privacy Policy, whenever such consent is applicable.

Upon completing their subscription or registration, the USER declares that the information provided is complete, truthful, current, and accurate. The USER is solely responsible for updating their data whenever there is a change to their name, address, or any other relevant information.

HUBSOFT may refuse, suspend, or cancel the USER’s subscription or registration whenever it suspects that the information provided is false, incomplete, outdated, or inaccurate, or in the cases indicated in applicable laws and regulations, this TERM, or any SITE Policy, even if previously accepted.

1. PERSONAL DATA, PRIVACY, AND SECURITY

HUBSOFT’s Privacy Policy governs the collection, storage, and use of personal data, as well as its security. This specific Policy forms part of this TERM, and SITE usage data will be archived and handled in accordance with applicable law, especially the General Data Protection Law (Law 13.709/2018 – LGPD).

HUBSOFT’s Privacy Policy is available at https://hubsoft.io/politica-privacidade

1. WARRANTIES

Despite HUBSOFT’s best efforts to always provide accurate, up-to-date, correct, and complete information in its environment, the SITE may occasionally contain technical errors, inconsistencies, or typographical errors.

The SITE, its content, features, and tools are made available by HUBSOFT as displayed and offered on the Internet, without any express or implied warranty regarding the following items:

1. The fulfillment by HUBSOFT, the SITE, or its content of USERS’ expectations;
2. Continuity of access to the SITE or its content;
3. The suitability of the quality of the SITE or its content for a particular purpose; and
4. The correction of defects, errors, or failures in the SITE or its content.

HUBSOFT reserves the right to unilaterally modify, at any time and without prior notice, the SITE, its configuration, presentation, design, content, features, tools, or any other element of the SITE, including canceling it.

1. LIABILITY

HUBSOFT uses its best efforts to inform, assist, and protect the USER. The USER is solely responsible for using the SITE and its tools and features. Under no circumstances shall HUBSOFT be held liable for any damage, whether actual, indirect, punitive, or exemplary, lost profits, or other monetary losses related to any claim, lawsuit, or other proceeding brought in connection with the use of the SITE, its content, features, and/or tools.

In particular, HUBSOFT’s liability is excluded with respect to the following circumstances, among others:

1. Losses and damages that the USER may experience due to the unavailability or partial operation of the SITE and/or all or some of its services, information, content, features, and/or tools, as well as due to the inaccuracy or incorrectness of any of these elements;
2. The USER’s unavailability;
3. Losses and damages that the USER may experience on other internet websites accessible through links included on the SITE;
4. Losses and damages that the USER may experience as a result of failures in the SITE, including failures in the system, server, or network connection, or malicious interactions such as viruses or software that may damage the equipment or access information on the USER’s equipment;
5. Losses and damages that the USER may experience as a result of using the SITE in violation of these Terms and Conditions of Use or the Policies;
6. Losses and damages that the USER may experience as a result of using the SITE in violation of the law, customs, or public order.
7. LINKS TO OTHER WEBSITES

The SITE may contain links to third-party websites, which are included solely for the USER’s convenience. The inclusion of such links does not imply any affiliation, monitoring, or responsibility on the part of HUBSOFT regarding the websites, their respective content, or their owners. Access to the websites linked through such links is not governed by these Terms and Conditions of Use and is not protected by HUBSOFT’s Policies. HUBSOFT recommends that the USER review the Terms and Conditions of Use established by each website linked through the links included on the SITE.

HUBSOFT shall not be liable, directly or indirectly, for any damages or losses caused by or related to the use of any information, content, goods, or services made available on the SITE or on any third-party website accessed through the links made available on the SITE.

1. INTERNET APPLICATIONS OR COMPUTER VIRUSES

Due to technical difficulties, Internet applications, or transmission problems, inaccurate or incomplete copies of the information contained on the SITE may occur. Computer viruses or other harmful programs may also be inadvertently downloaded from the SITE due to an infection that was not detected by HUBSOFT.

HUBSOFT shall not be liable for any application, computer virus, or other harmful or invasive files or programs that may impair or affect the use of the USER’s computer or other property due to accessing, using, or browsing the SITE, or downloading any material contained therein. The installation of appropriate antivirus or protective applications is recommended.

1. INTELLECTUAL PROPERTY RIGHTS

The USER is not authorized to use, in any manner or for any purpose, HUBSOFT’s trademarks, whether in whole or in part, or any imitations thereof, regardless of the intended use. The USER undertakes not to challenge the validity of any trademark or other distinctive sign filed or registered by HUBSOFT or any companies affiliated with it, in any manner, in Brazil or abroad. The USER undertakes to refrain from using the trademarks or any variations thereof (including spelling errors or phonetic variations) as a domain name or part of a domain name, or in any company name, of any type or nature, by any means or in any form, including through the creation of domain names or email addresses. All other trademarks, product names, or company names appearing on the SITE are the exclusive property of their respective owners.

All content on the SITE—including the domain name https://www.hubsoft.com.br/ , programs, databases, files, texts, photos, layouts, headers, and other elements—was created, developed, or assigned to HUBSOFT, is owned by or licensed to HUBSOFT, and is protected by Brazilian laws and international treaties concerning intellectual property rights.

By accessing the SITE, the USER attests that they will respect the existence and scope of HUBSOFT’s Intellectual Property rights, as well as all third-party rights used in any capacity on the SITE or that may be made available on the SITE. Access to and regular use of the SITE by the USER does not grant them any right or entitlement to any Intellectual Property, trademark, or other content included therein. The use, exploitation, imitation, or reproduction, in whole or in part, of any content without HUBSOFT’s prior written authorization is prohibited. The creation of any derivative works from any HUBSOFT Intellectual Property without HUBSOFT’s prior written authorization is likewise prohibited. The USER is expressly prohibited from reproducing, distributing, modifying, displaying, creating derivative works from, or otherwise using any Intellectual Property or other content from this SITE or materials published on or through the SITE. Any USER who violates the prohibitions set forth in intellectual property legislation and these TERMS shall be held civilly and criminally liable for the violations committed. HUBSOFT grants no authorization related to the SITE’s content for any purpose. The USER assumes all liability, civil and criminal, for the improper use of any Intellectual Property or trademarks belonging to HUBSOFT or third parties.

1. MONETIZATION AND ADVERTISING

HUBSOFT may rent or sell advertising space on the SITE directly to advertisers or through specialized companies such as Adsense (Google), Taboola, or other platforms.

These advertisements do not constitute any form of endorsement by or liability of HUBSOFT. The USER is responsible for any purchases, visits, access, or other actions they take in connection with these companies.

All advertisements on the SITE will be clearly identified as advertising, as a disclaimer by HUBSOFT and for the USER’s awareness.

These advertisements may be selected automatically by the advertising company based on the USER’s recent visits, as well as their search history, in accordance with the platform’s access policies. HUBSOFT is not responsible for the advertisements displayed in the advertising spaces based on this USER information.

1. COMMUNICATIONS

HUBSOFT provides the email address dpo@hubsoft.com.br as the Service Channel for receiving all communications the USER wishes to send.

1. TERM

These TERMS have an indefinite duration and will remain in effect while the SITE is active. Likewise, access to and use of the SITE and the resources it offers are, in principle, of indefinite duration, at HUBSOFT’s sole discretion.

HUBSOFT nevertheless reserves the right to unilaterally suspend and/or cancel, at any time, access to the SITE or to any part or resource thereof, without prior notice.

1. UPDATES TO THESE TERMS AND CONDITIONS

HUBSOFT may unilaterally review, improve, modify, and/or update, at any time, any clause or provision contained in these TERMS or its Policies. The updated version will apply to the use of the SITE and to any transactions carried out as of its publication by HUBSOFT. Continued access to or use of this SITE after the publication of any modifications will confirm the USER’s acceptance of the new Terms of Use or Policies.

If the USER does not agree with a particular change to the Policies or Terms of Use, they may terminate their relationship with HUBSOFT by requesting deletion of their account by email or by contacting HUBSOFT’s service channel. Such termination will not, however, release the USER from complying with all obligations assumed under previous versions of the Policies and Terms of Use.

1. CONFIDENTIALITY

HUBSOFT and the USER, on their own behalf and on behalf of their employees and representatives, undertake to keep confidential all data received, particularly USER data, in accordance with applicable civil legislation and the codes of ethics of the professional classes involved, as well as all information and non-public knowledge received as a result of these TERMS for the purpose of performing them. Such information may not be made accessible to any third parties without judicial authorization. This clause will remain in effect indefinitely and irrevocably, even if any relationship between the parties ceases to exist.

1. MISCELLANEOUS

If HUBSOFT is unable to enforce or comply with any clause or condition contained in these TERMS or its Policies, this will not constitute a waiver, tolerance, or novation of that clause or condition of these TERMS or any Policy. If any clause or condition contained in these TERMS or the Policies is declared unenforceable, in whole or in part, such unenforceability will not affect the remaining clauses of the TERMS or the Policies. In this case, HUBSOFT will make the necessary adjustments so that they reflect, as closely as possible, the terms of the provision declared unenforceable.

Neither Party will be liable to the other when the failure to perform or the untimely performance of an obligation set forth in the Policies or these TERMS is caused by unforeseeable events or force majeure, for as long as their consequences continue.

HUBSOFT’s guiding principle is respect for the USER, always acting in accordance with the provisions of the Brazilian Civil Rights Framework for the Internet (Federal Law No. 12965/14).

1. GOVERNING LAW AND CHOICE OF VENUE

The SITE is controlled, operated, and administered by HUBSOFT in the municipality of Santo Antônio do Monte/MG, Brazil, and may be accessed from any device connected to the Internet, regardless of its geographic location. In view of the differences that may exist between local and national laws, by accessing the SITE, the USER agrees that the applicable law for the purposes of these TERMS shall be the law in force in the Federative Republic of Brazil.

HUBSOFT and the USER agree that the Court of the Judicial District of Santo Antônio do Monte/MG, Brazil, shall have exclusive jurisdiction to resolve any matter or dispute arising from or resulting from the use of the SITE, expressly waiving any other jurisdiction, however privileged it may be or may become.