Terms and conditions

“STRATEEGIA” SUBSCRIPTION AGREEMENT

The CUSTOMER fully accepts the content and clauses of the “STRATEEGIA SUBSCRIPTION CONTRACT”, hereinafter referred to as the CONTRACT, as follows:

1. OBJECT OF THE AGREEMENT

1. DIGITAL STRATEGY, within the meaning of this contract, identifies DIGITAL STRATEGY TECNOLOGIA DA INFORMAÇÃO LTDA, registered with the CNPJ under No. 26.208.565/0001-52 and headquartered at Rua da Guia, No. 217, Recife district, Recife/PE , CEP 50.030-210.

2. The object of this AGREEMENT is the concession by DIGITAL STRATEGY for the benefit of the CLIENT of an access subscription to the computer application hereinafter identified by STRATEEGIA, as defined and regulated in the following points and clauses.

2. NATURE AND SCOPE OF STRATEEGIA SUBSCRIPTION

1. DIGITAL STRATEGY owns all intellectual property rights over STRATEEGIA, and is free and fully entitled to enter into STRATEEGIA subscription contracts, establishing for that purpose the contractual clauses it sees fit.

2. DIGITAL STRATEGY grants the CUSTOMER a subscription to use STRATEEGIA, in the form of SaaS (Software as a Service), which is materialized in a web access with Username / Password combination or Google authentication, observing the other conditions presented in this AGREEMENT .

3. This subscription assumes an onerous, temporary, revocable, non-exclusive and territorially unrestricted nature.

4. The subscription (and consequent enjoyment) of STRATEEGIA will occur through the formalization of this AGREEMENT, the CUSTOMER being legitimated to use STRATEEGIA in full and complete respect for the conditions accepted herein and while the AGREEMENT is valid and effective, namely while the CUSTOMER punctually fulfill the payments and other obligations to which it is bound.

5. Access to STRATEEGIA implies the creation of an account by the CUSTOMER, with a Username / Password combination or Google authentication on the STRATEEGIA support website .

6. The CUSTOMER may create a BASIC, PRO, TEAM or ENTERPRISE account, under the terms and conditions set out in the other clauses of this AGREEMENT.

7. The creation of an account on the STRATEEGIA platform allows the CUSTOMER to access a catalog of strategy kits and decision support tools (the Contents), which they can use, applying them to their own business context, entrepreneurial project or projects of which they are mentor, according to the subscribed plan.

8. The use that the CUSTOMER makes of said Contents will always and in all cases be restricted to the account, and under no circumstances will any data, of any nature, that the CUSTOMER inserts into his account on the STRATEEGIA platform be shared with any other users or third parties, except in the case provided for in 2.9 and 7.4., regarding the Content that the CUSTOMER unilaterally decides to share.

9. The CUSTOMER also has the right, regardless of the use he may make of the Contents, to create and/or upload other similar instruments and kits . Item 7.4. of Clause 7, below, specifically governs the provisions of this item 2.9 with respect to Intellectual Property Rights.
10. STRATEEGIA offers users the option of authentication through their Google account, using OAuth technology. This method allows users to securely and conveniently access their STRATEEGIA accounts without the need to create a specific password for the service. Authentication via Google follows the security standards established by Google. STRATEEGIA will only have access to the essential information provided by the user for the creation or linking of the account.

3. PRICE AND BILLING

1. Access to STRATEEGIA requires the following Subscription Plans:
   

2. “Shared account” means, within the meaning of the TEAM and ENTERPRISE Plans, the possibility of aggregating up to 5 (five) – TEAM – or personalized – ENTERPRISE – user accounts, including that of the main subscriber. “Personalised templates” means, within the meaning of any of the Plans described above, any other content, instruments and similar templates added by the CLIENT, in addition to those made available on STRATEEGIA, in its reserved area. “Personalized kits” means, within the meaning of any of the Plans described above, any other content, instruments and similar kits added by the CLIENT, in addition to those made available on STRATEEGIA, in its reserved area. “Public days” means, within the meaning of any of the Plans described above, any other content, instruments and similar days added and published by the CLIENT, in addition to those made available on STRATEEGIA, in its reserved area.

3. To the values defined in 3.1. plus VAT at the legal rate in force.

4. During the term of the AGREEMENT, the value agreed herein may undergo changes/updates, with which the CUSTOMER expressly agrees.

5. The payment system in effect for all transactions under this AGREEMENT will be PAYPAL or PIX.

4. STRATEEGIA AVAILABILITY

1. DIGITAL STRATEGY will use its best efforts to ensure the highest availability of enjoyment and use of STRATEEGIA by the CUSTOMER, although it does not guarantee 100% availability.

2. DIGITAL STRATEGY will also guarantee the CUSTOMER, under this AGREEMENT, a set of accessory support, maintenance and hosting services , aiming at the enjoyment, by the CUSTOMER, of the functionalities and utilities of STRATEEGIA.

5. SUPPORT

1. The SUPPORT service aims to solve technical issues related to the operation of STRATEEGIA, being expressly excluded from the scope of this SUPPORT direct service or support to any third parties related to the CLIENT.

2. The CUSTOMER may, under this AGREEMENT, request support from SUPPORT STRATEEGIA through the e-mail: support@strateegia.digital .

3. STRATEEGIA SUPPORT is a service channel dedicated to technical support for the CUSTOMER, consisting of a team with product knowledge and qualified to maintain STRATEEGIA availability.

4. Whenever the support team detects an abnormal functioning of STRATEEGIA, it will make every effort to restore its operability, in accordance with guidelines for continuous updates and in accordance with the severity of the event or anomaly.

5. The types of SUPPORT calls are as follows:

• Doubt – if there is any doubt about the use of the STRATEEGIA platform by the CLIENT;

• Incident – in case the CUSTOMER notices any anomalous behavior of the STRATEEGIA functionalities.

6. The levels of service offered by SUPPORTE STRATEEGIA vary according to the type of call and the respective degree of severity, which will be evaluated by the STRATEEGIA technical team, according to the following criteria, all without prejudice to the provisions on force majeure , below, in 11.3.:

6. MAINTENANCE

1. The STRATEEGIA maintenance service aims to provide updates to the STRATEEGIA platform, materialized in improvements and adjustments in general, to be developed and incorporated by DIGITAL STRATEGY, under its discretion and in the timings that it unilaterally defines .

7. HOSTING

1. The hosting service consists of hosting the Contents and other assets that may eventually be developed, created or hosted by the CLIENT on a server controlled by DIGITAL STRATEGY and accessible through the STRATEEGIA platform.

2. DIGITAL STRATEGY will be responsible at all times for the operability and accessibility of the STRATEEGIA by the CLIENT, managing the respective infrastructure.

3. The STRATEEGIA Platform uses some third-party services to enable its operation. It is hosted in datacenters belonging to the Google Cloud Platform (GCP), which comply with all privacy and protection of personal data requirements in force in the European Union.

4. Pursuant to item 2.9 of Clause 2 above, the CLIENT has the right to create and/or upload other instruments and similar kits , such as contracting some additional services below, being solely and exclusively responsible for any sharing of personal data of him, CLIENT, with the third parties providers of the contracted additional services, as well as for the review of the services rendered by the third parties, in relation to which DIGITAL STRATEGY does not have any interference.

• databases, data analysis and search, which also use GCP; It is

• acquisition of credits to use artificial intelligence services provided by third parties, using OPEN AI technology.

5. The exception to compliance with the level of temporary disruption caused by any update of the STRATEEGIA platform, these cases being, except for situations of force majeure as defined in 11.3., communicated in advance by SUPPORT to the CUSTOMER.

8. CONFIDENTIALITY

1. DIGITAL STRATEGY undertakes to: (a) Maintain secrecy of all CUSTOMER information accessed within the scope of this AGREEMENT and/or its execution and compliance; (b) Not to disclose said information to any third party outside the restricted scope of its activity, without prior authorization from the CLIENT; (c) Not to use the CUSTOMER’s information accessed for any purpose other than the fulfillment of this AGREEMENT; and (d) Use the same degree of care in safeguarding CLIENT information as it does in safeguarding its own information, but never less than a reasonable degree of care.

2. Without prejudice to the provisions of 8.1., DIGITAL STRATEGY is entitled to share the information belonging to the CLIENT (or disclosed by the latter) with its workers, advisors and other collaborators who need to access it by virtue of the fulfillment of this AGREEMENT, provided all of them are previously linked to a written commitment of confidentiality with DIGITAL STRATEGY.

3. The provisions of 8.1. it does not apply to any and all information disclosed by the CUSTOMER to DIGITAL STRATEGY that: (a) was previously known to DIGITAL STRATEGY at the time of its disclosure by the CUSTOMER; (b) Provenly belonging to the public domain, without this resulting from any act performed by DIGITAL STRATEGY; (c) It has come to DIGITAL STRATEGY’s knowledge through a third party, in circumstances that allow the conclusion that there has been no breach of confidentiality obligations; and (d) Must be disclosed by DIGITAL STRATEGY due to legal imperative and/or court order or any other public authority.

4. The CUSTOMER authorizes DIGITAL STRATEGY to mention in its promotional materials, social networks or through other means of communication its status as a DIGITAL STRATEGY customer, the CUSTOMER recognizing that this conduct by DIGITAL STRATEGY does not constitute a breach of the confidentiality duties that incumbent on this .

5. This confidentiality obligation binds DIGITAL STRATEGY to the CLIENT for the entire term of this AGREEMENT, plus a minimum period of 5 (five) years, unless otherwise provided by the parties.
6. The information obtained through Google OAuth, including details of the user’s Google profile, are subject to the same confidentiality terms that govern the information provided directly to STRATEEGIA. This information will be kept confidential and used exclusively for the purposes described in this contract.

9. INTELLECTUAL PROPERTY RIGHTS

9.1.         DIGITAL STRATEGY’s intellectual property rights:

9.1.1.         The source code, brand, design elements , processes, reports, website , blog and all materials relating to STRATEEGIA, as well as the business secrets inherent therein, are the exclusive property of DIGITAL STRATEGY. Accordingly, the CUSTOMER does not acquire any of the aforementioned intellectual rights or license rights, option or any other on confidential information or business secrets, incident on STRATEEGIA or on the other intellectual assets referred to above.

9.1.2.         The CLIENT expressly and unreservedly agrees to use and enjoy STRATEEGIA exclusively within the scope set forth in this AGREEMENT, and must absolutely abstain from the practice, free of charge or onerous, of the following acts:

• Accessing the source code of STRATEEGIA and/or using, copying, altering or manipulating it, in whole or in part, in any form or technical expedient, as well as performing any act aimed at making it available to any third party for all or any the purposes described above;

• Sell, copy, reproduce, transfer, assign, sublicense, rent, pledge, dispose of or donate the STRATEEGIA;

• Change, edit, delete or add, in whole or in part, any line of code in STRATEEGIA, as well as remove or change any Copyright notice , trademark, or other notice of proprietary rights placed in STRATEEGIA or in the supporting materials;

• The practice of reverse engineering and/or decompilation of STRATEEGIA.

3. The practice of any of the acts described above and/or any others by the CLIENT that in any way harm, condition or compress the rights of DIGITAL STRATEGY related to STRATEEGIA are qualified as breach of contract, granting the right of DIGITAL STRATEGY to resolve immediately the CONTRACT, notwithstanding the concomitant criminal and civil liability of the CLIENT, under the terms of the applicable legislation.

9.2.         The CUSTOMER’s Intellectual Property Rights:

1. With regard to the contents defined and better explained in point 2.9. of Clause 2, the CUSTOMER:

1. You can create other instruments and kits , incorporating them into your STRATEEGIA account and making exclusive use of them;

2. You may upload personalized kits and/or other similar instruments and kits to your STRATEEGIA account and for your exclusive use, although in this case you assume full and absolute responsibility for any demands or claims from third parties regarding possible violations of intellectual property rights founded on those custom instruments and kits . In this context, the CUSTOMER must in all cases ensure in advance that he can make use of said instruments and kits and that such use and enjoyment does not constitute any infringement of third party rights. DIGITAL STRATEGY reserves the right, at the request of any third party, to delete and/or remove from the STRATEEGIA platform any content that is justifiably found to be in breach of third party intellectual property rights, notwithstanding the CLIENT’s direct liability, under the legally established terms , this conduct being the immediate cause of termination of this AGREEMENT by DIGITAL STRATEGY.

3. It will retain the ability, at its own discretion and at all times, to make the assets mentioned in the items above available, free of charge, to other users and customers of STRATEEGIA, in a freely accessible area on the STRATEEGIA platform, ensuring DIGITAL STRATEGY to the CUSTOMER the their copyright credits, with visible mention on the platform, without prejudice to the provisions of the final part of sub-item 9.2.1.2, above.
4. The use of Google OAuth technology by STRATEEGIA is in compliance with intellectual property and copyright norms. The use of this technology by STRATEEGIA does not infringe upon the intellectual property rights of third parties and is conducted under the proper licenses and authorizations.

10. PERSONAL DATA

1. The technical requirements inherent to the full functionality of STRATEEGIA do not imply any transmission, in whole or in part, of personal data to DIGITAL STRATEGY, nor access by DIGITAL STRATEGY or any employee of it to any personal data of the CLIENT, by virtue of the exercise of enjoyment rights of STRATEEGIA by the CLIENT and/or the execution of this AGREEMENT, except for what is provided for in item 7.4 of Clause 7.

2. Accordingly, the CUSTOMER must safeguard, on its own initiative and at its own expense, the protection of any personal data that it may process in the course of its activity.

3. Without prejudice to the provisions of the items above, DIGITAL STRATEGY guarantees the CLIENT treatment in accordance with the legislation in force, namely in Law No. of Clause 14 below, in all that refers to the processing of personal data transmitted to DIGITAL STRATEGY that are strictly necessary for the conclusion and execution of this AGREEMENT, this being the legal basis for the respective processing by DIGITAL STRATEGY, ensuring it, at all times, the exercise of all the legally foreseen rights by the respective holder.

10.3.1. The STRATEEGIA platform offers its users the option of using the “Anonymous Mode” in accordance with the platform’s Terms of Use, a feature that temporarily anonymizes the name of the author of the response and comment made on the platform. It should be noted that even if the “Anonymous Mode” is activated, the STRATEEGIA platform keeps internal records of user information, including details of the original author of the response or comment, for security, moderation and compliance with the platform’s privacy policy. STRATEEGIA, and may even suspend or close the CLIENT’s account in the event of misuse/abusive use of the “Anonymous Mode”.

10.3.2. With the introduction of Google OAuth authentication, STRATEEGIA will collect information from the user’s Google profile, such as name and email address, exclusively for the purposes of creating and maintaining an account on STRATEEGIA. This data will be processed and stored in accordance with the General Data Protection Law (LGPD) and other applicable legislations.

4. DIGITAL STRATEGY implements all necessary and sufficient technical and security measures to guarantee the CUSTOMER the appropriate level of protection of the aforementioned data.

5. As explained in the previous items, DIGITAL STRATEGY undertakes a set of procedures aimed at diagnosing and reporting any loss of personal data that it may process under this AGREEMENT.

11. WARRANTY AND LIMITATION OF LIABILITY

1. DIGITAL STRATEGY does not guarantee the CUSTOMER the adequacy, usefulness or fulfillment of any purpose by STRATEEGIA, recognizing the CUSTOMER that this platform is a mere decision support instrument.

2. DIGITAL STRATEGY is not responsible for any damages or losses that STRATEEGIA may cause to the CLIENT or to third parties that are related to it, including any damages or losses resulting from its bad or deficient use by the CLIENT and/or the lack of integrity of the contents inserted by it.

3. In accordance with the provisions of items 6.1, 7.5 and 11.2 above, the CUSTOMER expressly accepts that any interruptions in the enjoyment of STRATEEGIA caused by one (or more than one) of the following events will not be considered breach of contract by DIGITAL STRATEGY: (the ) a case or event of Force Majeure, understood as any event or series of events that are beyond the reasonable control of DIGITAL STRATEGY, such as, namely, interruptions or disturbances in the Internet, telephone or electrical network, computer attacks, viruses or malware, explosions, fires, floods, revolts, wars or riots, terrorist attacks, pandemics, among others; (b) A failure in the CLIENT’s network, servers or computer systems; (c) Contractual breach by the CUSTOMER; or (e) Carrying out maintenance operations scheduled by DIGITAL STRATEGY and previously communicated to the CUSTOMER.

12. DURATION AND TERMINATION OF THE AGREEMENT

1. The parties agree that the effective address for the duration of this AGREEMENT is the one defined in the CLIENT’s accession to the STRATEEGIA platform.

2. The CONTRACT is considered to be of continuous execution, and may be subject to denouncement, resolution or revocation under the terms of the following items.

3. Termination of the CONTRACT :

12.3.1. The CUSTOMER may denounce this AGREEMENT, by means of written communication to DIGITAL STRATEGY, which will operate on the last day of the month to which it relates.

12.3.2. The CUSTOMER will be prevented from accessing STRATEEGIA and the other services set out above from that day onwards, and in the period between the communication of the complaint and the last day of the respective month, the CUSTOMER and DIGITAL STRATEGY must maintain regular compliance with the CONTRACT.

12.3.2. DIGITAL STRATEGY may also terminate this AGREEMENT, upon written notice to the CUSTOMER, 30 (thirty) days in advance.

12.3.4. In the event of a complaint, DIGITAL STRATEGY undertakes to keep the contents of the CLIENT’s restricted area on its servers for a maximum period of 30 (thirty) days, with the CLIENT having to download them outside the STRATEEGIA platform. After that period, DIGITAL STRATEGY reserves the right to delete all content present in the said restricted area.

4. CONTRACT Resolution :

12.4.1. Failure by any of the parties to comply with the obligations set forth in this AGREEMENT gives the counterparty the right of termination, at any time, under the terms and with the effects provided for by law.

12.4.2. The following are, in particular, causes for termination of the AGREEMENT by DIGITAL STRATEGY:

• The CLIENT’s lack of timely payment of the amounts agreed upon for subscribing to STRATEEGIA;

• Violation of the other rules of use of the STRATEEGIA platform by the CLIENT; It is

• The specific verification of non-compliance with the provisions of item 9.1 and its respective sub-items, by the CLIENT.

12.4.3. In the event of non-compliance by the CLIENT, DIGITAL STRATEGY will notify you to fulfill the missing obligation (or obligations), giving you a reasonable period of time to do so, considering the missing obligation (or obligations). If, even so, the CUSTOMER persists in the situation of non-compliance, DIGITAL STRATEGY will immediately terminate this AGREEMENT, without the CUSTOMER having any right to compensation, for whatever reason, with the effect of immediate cessation of access to the STRATEEGIA platform by part of the CUSTOMER, without prejudice to the other rights that assist DIGITAL STRATEGY, namely in relation to eventual coercive collections of defaulted amounts due for the subscription of STRATEEGIA.

5. Revocation of the CONTRACT :

12.5.1. The parties may at any time, by mutual agreement, revoke this AGREEMENT, as well as amend its provisions, and these joint expressions of will must always be reduced to writing and signed by the parties as an essential condition for its validity.

13. GENERAL PROVISIONS

1. The CUSTOMER may not assign, in whole or in part, its contractual position in this AGREEMENT and its obligations, without prior and express written authorization from DIGITAL STRATEGY.

2. In the event that any provision of this AGREEMENT is declared void, by court decision, or for any reason becomes illegal or unenforceable, it is expressly accepted by the parties that the remaining provisions of this AGREEMENT will remain fully valid and effective, not exempting any of the parties of the fulfillment of the respective obligations, unless otherwise agreed by the parties.

14. APPLICABLE LAW AND JURISDICTION OF ELECTION

1. This AGREEMENT is governed by Brazilian law.

2. Without prejudice to all other applicable legal regulations, this AGREEMENT observes, in particular, compliance with the following legislation:

• Law nº 8.078/1990 – Consumer Defense Code;

• Law nº 9.610/1998, which amends, updates and consolidates the legislation on copyrights and other provisions;

• Law No. 13.105/2015 – Code of Civil Procedure;

• Law nº 13.709/2018 – General Personal Data Protection Law (LGPD); It is

• Law No. 10,406/2002 – Civil Code.

3. In order to settle any controversies arising from this AGREEMENT, the parties elect the jurisdiction of the jurisdiction of DIGITAL STRATEGY’s headquarters.