Terms & Conditions

General Terms and Conditions of Service

This General Terms and Conditions (“Term”) apply to the use of PEQI services offered by CLOUDEZ, LLC, manager of PEQI Services, available for contracting through the Website https://peqi.app/, object of this Term, hereinafter referred to as PEQI, by any INDIVIDUAL OR LEGAL PERSON, of legal age and capable, who has completed the Registration, whose data becomes an integral part of this Term, as well as who has electronically “accepted” all its clauses and all other available policies on the Website, hereinafter referred to as USER. The services available by PEQI on the Website https://peqi.app/ and its subdomains will be governed by the clauses and conditions below. By electronically accepting this Term, by clicking on the button “I accept the General Terms and Conditions of Service” on the complementary registration page, the USER will automatically be adhering to and agreeing to be fully bound by its terms and conditions and any of its future changes, in addition to accepting the provisions of the SITE policies.

Clause 1 – definitions

1.1 For the exact understanding and interpretation of the rights and obligations provided for in this Term, the following definitions are adopted:

a) REGISTRATION: registration form with the USER’s personal data, and in the case of a legal entity USER, the data of the contracting legal entity, which must be filled in with the USER’s Login and Password to use the PEQI platform and Services;
b) LOGIN: this is the email or nickname, provided by the USER at the time of REGISTRATION, which he will use to access the PEQI Services and his REGISTRATION;
c) RECURRENCE: amount owed by the USER due to the use of PEQI Services, as contracted at the time of REGISTRATION or even later;
d) PASSWORD: sequence of upper and lower case letters, numbers and/or symbols, chosen by the USER, consisting of at least 8 characters, which must be previously informed by the USER when visiting the Site to access PEQI Services, and Periodic changes of PASSWORDS within a maximum period of 60 (sixty) days are highly recommended by PEQI, for security reasons. PEQI emphasizes that you will not have access to this PASSWORD. Therefore, if the USER wants to recover their access, they must send the password recovery request through the online form, available at the link https://cloud.peqi.app/password/reset, which will request confirmation via the registered email from the USER or by SMS to, from there, generate a new PASSWORD. Therefore, with this procedure, the PASSWORD can be changed at any time by the USER. If the USER wishes to carry out any other activity related to their REGISTRATION, such as modifying any information in their REGISTRATION, they must follow the procedures described on the PEQI Website and access their profile data and make the changes;
e) PEQI Services: service provider platform that allows the USER to improve the performance and security of websites, according to the service package chosen by the USER, through the granting, by PEQI, of a limited, temporary, revocable, non-exclusive, non-exclusive license. sublicensable and non-transferable use of the platform for the contracted period of the PEQI Services;
f) Website: PEQI electronic portal, through which the USER can contract and have access to PEQI Services, according to packages available on the Website, by filling in REGISTRATION, LOGIN information and their own access PASSWORD.
g) Third party: PEQI partners, such as digital payment method service providers, which will be used to make payments for RECURRENCES of PEQI Services, service providers, among others, as contracted by the USER;
h) Controller: means any natural or legal person, under public or private law, who is responsible for decisions relating to processing.
i) Operator: means any natural or legal person, under public or private law, who carries out the processing on behalf of the Controller.
j) Personal Data: means any information relating to an identified or identifiable natural person.
k) Sensitive Personal Data: means Personal Data on racial or ethnic origin, religious conviction, political opinion, membership of a trade union or organization of a religious, philosophical or political nature, data relating to health or sexual life, genetic or biometric data, when linked to a natural person.
l) Processing of Personal Data: means any and all actions carried out with personal data, from collection, production, reception, classification, use, access, reproduction, transmission, distribution, processing, archiving, storage, elimination, evaluation or control of information, modification, communication, transfer, diffusion or extraction.

Clause 2 – object

PEQI is a platform that allows the USER to improve the performance and security of websites, upon payment of a RECURRENCE, according to the package contracted by the USER on the Website.

Therefore, the USER may use the PEQI Services to select websites to transmit, operate and process their data, provided that the USER ensures that the data entered there, its use, transmission, operation and/or processing are in accordance with the terms and conditions of this Term and all applicable laws. Without limitation, the USER will be solely responsible for: (i) the operation, use, content, transmission and maintenance of your data; (ii) any and all results obtained (or not achieved) in relation to your data or the use of PEQI Services; and (iii) all data, content and information generated through the use of your data. For the purposes of this provision, USER data may be all content that the USER is authorized to store, including, without limitation, all data, text, audio, software (including images or machine processes) or visual files (static and dynamic) that are transmitted, sent, deployed or provided for storage on servers contracted with PEQI, including all third party content and all personal data.

By contracting through the PEQI Website, or by contracting through one of PEQI’s resellers, using a Password and Login, the USER will have at their disposal a tool that improves the performance and security of the USER website, in addition to providing continuous monitoring of the their performance, in an uncomplicated manner, and all PEQI Services, even purchased through PEQI resellers, must comply with the terms and conditions of this Agreement.

If the PEQI Services are no longer used by the USER, their management and maintenance will become the sole responsibility of the USER, who also undertakes to carry out an uninstallation process to terminate PEQI’s access to the USER’s servers within a maximum period of 15 ( fifteen) days from notification to PEQI. During this period, PEQI Services will be charged as normal. After this period, the USER will lose access to PEQI Services.

Despite being able to be used from anywhere in the world, the USER declares to be aware and agreeing that, regardless of the location from which the services are being accessed, the relationship between the USER and PEQI will always be, and in any hypothesis, subject to current legislation.

After choosing the PEQI Services package available on the Website, PEQI will use third-party digital payment services, PEQI partners, to charge the amount requested for the package. Upon confirmation of payment for the package, the order specified by the USER will be processed by PEQI and the PEQI Services will be implemented.

PEQI, seeking to respect the legislation applicable to consumers in relation to PEQI Services, will debit the purchase from the account indicated by the USER and the USER will have a period of 07 (seven) days, counting from the payment of the PEQI Services, to exercise their right of repentance, in accordance with the provisions set out in Clause 4.8 et seq.

If, within 7 (seven) days after payment for PEQI Services, PEQI has not received any notification of regret from the USER via email finance@peqi.app, it will be understood that the USER has tacitly renounced their right of repentance and any rights relating to the present, past and future, relating to facts, obligations and responsibilities, directly or indirectly related to PEQI Services, I have nothing further to complain about PEQI, for whatever reason, judicially or extrajudicially, in whatever the weather. In this sense, the USER hereby agrees that the regret procedures described in this Term will be its only and exclusive remedies to be reimbursed for the amount paid for the PEQI Services and any offensive act by the USER against PEQI in this regard may constitute a case of compensation, by the USER to PEQI, for losses and damages incurred.

PEQI will facilitate the payment of PEQI Service packages purchased by the USER, intermediating the exchange of USER information with Third Parties, provided that there is the USER’s consent, upon acceptance of this Term. Such information may refer to that made available in the REGISTRATION, such as the USER name, email, or any other information that is made available by the USER to the PEQI Website. Still in this sense, the USER is already aware that PEQI is only an intermediary between the USER and Third Party payment services to make the payments due and/or issue the respective invoices. In this case, the USER will share personal data information, credit card data, data on commercial transactions with the Third Party, authorized by PEQI, and will allow USERS to, within the indicated environment of use of PEQI, authorize the Third Party to carry out the relevant debits, credits and transfers of funds, including the payment of applicable fines, as described in this Term. Therefore, by accepting this Term, the USER deliberately accepts the use and provision of their information by Third Parties, PEQI partners, for the correct provision of PEQI Services.

Communications and commercial transactions between USERS will be monitored or mediated by PEQI, with the aim of ensuring good service, the prevalence of good faith and the constitutional principles of loyalty and security in communications between USERS, and PEQI will seek to remove of its USER base, those who do not agree with these principles.

Clause 3 – registration and use of Peqi services

To contract PEQI Services, the USER must access the Website, complete the REGISTRATION made available to enable PEQI Services, informing PEQI of all required data (name, contact telephone number, email), and holding the USER civilly and criminally liable for the veracity of the information, including before third parties, also being obliged to keep your data updated. The USER must also provide an email address for the USER’s sole and exclusive use. When registering, the USER will be directed to the purchase area for PEQI Service packages available on the PEQI Website. In this sense, PEQI does not carry out any information checks on any USER who wishes to use the services made available on the Website at the time of REGISTRATION, nor does it carry out an in-depth investigation into the veracity of the information and data stored on the servers, whether contracted directly with PEQI , or personally by USERS, except as provided in Clauses 3.2, 3.3 and 3.3.1. Therefore, PEQI is not responsible, in any way and under any circumstances, for the improper use of PEQI Services.

PEQI Services will be available to the USER 24 (twenty-four) hours a day, 7 (seven) days a week, with a service level of at least 99% (ninety-nine percent) of the availability time, with the exception regular maintenance, problems with data centers, which are outsourced, unforeseen circumstances and force majeure, which will be informed in advance through a statement on the PEQI website itself. If PEQI Services have a service level lower than 99%, for every 1% (one percent) of unavailability, PEQI will reimburse the USER, provided that the USER notifies PEQI about the same within a period of 30 (thirty ) days, counting from the event. The refund will be credited in the next RECURRENCE, that is, the USER will be charged a lower amount to offset their credit with PEQI.

The LOGIN and PASSWORD that give access to the REGISTRATION are for the personal and non-transferable use of the USER, which is why PEQI is not responsible for any unauthorized manipulation of this information and data by third parties, and/or loss of access to the user’s authentication email. LOGIN of the USER, and therefore, the USER must take all necessary measures to keep confidential and safeguard said information.

The USER undertakes to notify PEQI immediately, by submitting a complaint via email help@peqi.app, regarding any unauthorized use of their account, as well as unauthorized access by third parties to it. The USER will be solely responsible for the operations carried out on his account, since access to it will only be possible by entering a PASSWORD, knowledge of which is exclusive to the USER.

PEQI reserves the right to use all valid and possible means to identify its USERS, therefore PEQI may, at any time, at its discretion and/or after receiving a report, request copies of documents from the USER, in order to guarantee the veracity of the USER’s personal data. In these cases, PEQI may suspend the provision of PEQI Services, until receipt of the requested documents, which must be sent within 72 (seventy-two) hours, counting from notification, being exempt from any responsibility or compensation to the applicant. If any data is verified by PEQI as inconsistent with the documents presented, the USER will have a period of 2 (two) business days to make the necessary corrections, under penalty of having access to PEQI Services blocked, until the REGISTRATION is regularized, and may even definitively cancel said REGISTRATION and terminate PEQI Services, if it deems necessary to protect the legitimate interests of PEQI and its USERS, without prejudice to other measures it deems necessary and appropriate.

If the REGISTRATION and the PEQI Services are terminated, the procedures set out in Clause 2.2.2 above will be respected, and the collection of amounts listed as RECURRENCE will not be interrupted until the completion of the PEQI Services by the USER and/or by PEQI.

The information provided by the USER will be for the confidential and exclusive use of PEQI and its partners, solely and exclusively for the correct provision of the services covered by this Agreement and will only be provided in the cases provided for by Law or when fraud(s) are found, such as: misrepresentation (use of false names and documents), falsification or incorrect use of PEQI Services, in which case the fraudster’s information (name, address, IP, etc.) may be provided to the victim and to the responsible authorities (including- if there the DERCIFE – Specialized Police Station for the Suppression of Computer Crimes and Electronic Fraud, or another Specialized Police Station in Cybercrimes of the respective state), provided that upon receipt of a court order, subpoenaing the delivery of said information, or in the case of PEQI’s legitimate interest in protecting its interests and those of other USERS.

In this sense, and without prejudice to other measures, PEQI may warn, suspend or cancel, temporarily or definitively, a USER’S REGISTRATION, at any time, initiating applicable legal actions and/or suspending the provision of its PEQI Services if: ) the USER fails to comply with any provision of this Term and other PEQI policies;

if you fail to comply with your USER duties;
if you carry out fraudulent or malicious acts, which may result in criminal, illicit, dysfunctional or morally objectionable actions, or which aim to interfere with the functioning and quality of PEQI Services;
if the USER’s identity cannot be verified or any information provided by the USER is incorrect. Without prejudice to the above, if it is found that the USER used the PEQI Services to carry out suspicious activities, and did not present documentation proving the legality of their activities, the USER will suffer a criminal fine in the amount of R$ 5,000.00 (five thousand ) reais, deducted directly from your credit card and/or credit account informed at the time of REGISTRATION, in one installment or in several installments, if said card and/or account does not have credit for that purpose, until the fine is paid in full , in addition to the payment of any compensation that PEQI has to make as a result of the acts of said USER.

The USER declares to be aware that he/she may only have a single REGISTRATION under his/her ownership, therefore, PEQI will not accept, under any circumstances, the REGISTRATION and/or new simultaneous logins held by the same USER (in addition to the 2 simultaneous logins allowed ), or the assignment/transfer of the respective account, as a result of a lost password, verifying, among other data, the USER’s name, email address, among other data, at PEQI’s discretion. If the USER needs to update any information in their REGISTRATION, they must simply update their REGISTRATION with the new data.

PEQI Services are only available to people who have the legal capacity to use them, therefore, people who do not enjoy this capacity, including minors, or people who have been disqualified from PEQI, temporarily or permanently, for any violation of this Term, they are warned of the legal sanctions of the Civil Code, notably articles 166, item I, 171, item I and 180 of law no. 10,406/02. It should be noted that it is strictly prohibited for minors to browse and make use of the various PEQI Services, without the consent of their parents or guardian, and they must present it when registering and contracting the PEQI Services, for validation by the PEQI.

The USER expressly acknowledges and agrees with the RECURRENCE charged by PEQI, as remuneration for the use of PEQI Services, which will be paid in the form chosen at the time of REGISTRATION by the USER.

The surname that the USER uses on the Website cannot be similar to the name PEQI. Nicknames and images considered offensive or of illegal origin will also be eliminated, as well as those containing the USER’s personal data or any URL or electronic address. PEQI reserves the right to refuse any REGISTRATION request and to cancel a previously accepted REGISTRATION, as long as it does not comply with the policies and rules of these Terms.

Failure to use the REGISTRATION by the USER, defined as the absence of any access to it, for a period of 01 (one) year, will result in the termination of said REGISTRATION, leaving PEQI exempt from any responsibility or compensation due to this cancellation of REGISTRATION. To recover this data by the USER, the USER must comply with the procedures set out in Clause 4.7 below.

For USERS who remain with an active REGISTRATION and with RECURRENCE payments up to date, PEQI will maintain the USERS’ data and information, linked to the USER’S REGISTRATION, for an indefinite period, in the manner provided for in the legislation. For USERS who cancel their REGISTRATION, the procedures set out in Clause 4.2 below must be followed.

The USER will be responsible for the use of the services provided in this Term, observing all applicable national, state and municipal laws, decrees and regulations in force, the Security and Privacy Standards and the Policies published and disseminated by PEQI and its commercial partners , contained on its website.

PEQI will not be held responsible for errors, interruptions, malfunctions, security failures, failures in servers, service providers used (such as datacenter, internet, among others) or in operating systems, delays or other imperfections that may arise in PEQI Services, including the quality and stability of outsourced servers contracted, according to the PEQI Services package, or the use of applications owned by others other than PEQI, which are possible in the case of IT, and PEQI does not guarantee, in any way, the provision of the PEQI Services in an uninterrupted and/or error-free manner, except as provided in Clause 3.1.1 above.

The USER will be fully responsible for ensuring that the configuration of their equipment is in full compliance with the minimum security requirements necessary to protect their data and access the Site and PEQI Services peacefully. By way of example but not limitation, the USER must ensure that its data and that of its end customers contain appropriate physical, administrative and technical protections with industry standards (including the use of encryption and other tools) to protect against any breach, disclosure or unauthorized access of any personal data, confidential information or other content or information that is stored, processed, transmitted, maintained or otherwise used in connection with your data and PEQI Services. Without limitation, appropriate safeguards shall include all safeguards required by applicable data security and/or data privacy laws and regulations. The USER will be solely and exclusively responsible for the activities of any individual or entity that obtains access to the PEQI Services as a result of the USER’s failure to comply with its obligations described above, with PEQI being free and exempt from any liability arising from non-compliance with the provisions of this clause. Therefore, IN NO EVENT SHALL PEQI BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES RESULTING FROM ANY SECURITY DEFECT (INCLUDING THE USER’S FAILURE TO PROPERLY IMPLEMENT APPROPRIATE SECURITY TOOLS AND SAFEGUARDS) IN ANY SOFTWARE, DATABASE OR TECHNOLOGY USED BY USER IN CONNECTION WITH YOUR OR YOUR END CUSTOMERS DATA OR THE PEQI SERVICES.

Clause 4 – the value of the recurrence due by the user

Due to the use of PEQI Services, whether directly or through contracting with PEQI resellers, the USER will pay PEQI, monthly, annually, or in any other available RECURRENCE period, by credit card, the amount provided for in PEQI plans page, which will expire on the date agreed in the REGISTRATION. The value provided for in the REGISTRATION may change in accordance with the PEQI Services subsequently contracted by the USER, which will be added to the RECURRENCE values.

When contracting PEQI Services, regardless of whether or not the Test Period is enjoyed, as provided for in item 4.8.1 below, for the security of USERS, PEQI confirms the payment details and validates the credit card presented by them, sending a test charge in the amount of R$1.00 (one real) or similar amount. It should be noted that this test charge will also occur when changing the registered card, or adding a new card, in the USER’S REGISTRATION. After the charge is made, the amount is automatically refunded to the USER, although the refund period varies, depending on the bank issuing the credit card. Therefore, it is expected that this test charge will not be recorded on the final credit card statement and only serves to prove the registration of a valid form of payment for PEQI Services.

As soon as a RECURRENCE is contracted, the due date will occur on the anniversary of the date of contracting, carried out at the time of REGISTRATION. After the cycle of the first APPEAL has concluded, the USER hereby authorizes the automatic renewal of the APPLICATION contract, upon acceptance of this term.

Regardless of the services contracted, PEQI unifies the invoices, in case of subsequent contracting by the USER, and the USER now has a single invoice and a single salary per month. However, if the USER hires a new RECURRENCE, the amount is charged in full and this new RECURRENCE will appear on the USER’s next invoice. If there is still a balance from the previous RECURRENCE, the USER will receive this amount as a credit.

For the USER who has contracted a plan with a promotional discount, after the last anniversary of the promotional contracting date, the RECURRENCE values will be automatically renewed at the current PEQI values, as the RECURRENCE value with discount is only valid for the period informed. , from the time of contracting, even if the USER makes the payment in advance, be it annually, for example. In this case, if the USER does not wish for automatic renewal, he or she must follow the procedures set out in Clause 4.1.5 below. If this cancellation is not carried out as provided herein, it is assumed that the USER has agreed to this automatic renewal of the RECURRENCE values at the current values, regardless of whether the payment is annual or monthly or any other RECURRENCE period made available by PEQI for contracting.

If the USER does not wish for automatic renewal, he or she must communicate by email (financeiro@peqi.app) or directly on the platform, through access to his/her REGISTRATION, his/her desire for non-renewal, which will be carried out within 72 (seventy-two ) hours from the date of the request, and if made after the RECURRENCE has been charged, it will only be valid from the next anniversary, and any RECURRENCE already paid will not be refunded (although access to the USER’S REGISTRATION will only be blocked on the date of the next renewal, which was cancelled). In other words, by way of example, if the USER has contracted a RECURRENCE with annual payment, even if the USER cancels before using the entire contracted period, no refund will be due if the USER has canceled after the period set out in Clause 2.4.1 , even if on a pro rata basis, and PEQI Services will only be suspended after the last day of the contracted RECURRENCE period. The same applies to monthly, quarterly, semi-annual RECURRENCES or any other RECURRENCE period made available by PEQI for contracting at the time of contracting by the USER.

When canceling your REGISTRATION, the USER will have a period of 30 (thirty) days from the last day of access to the PEQI Services Access Site to export their data and that of other USERS that were linked to their contract. After this period, PEQI will no longer guarantee the availability of the USER’s data, and the USER is aware that they have an obligation to maintain a physical backup of these files for the periods required by law, regardless of the services provided by PEQI.

New APPLICATIONS will always be contracted at the values of the plans set out on the PEQI Website.

In the case of payment by credit card, PEQI will make attempts to charge the credit card provided by the USER. If PEQI is not successful in carrying out the due collection of the RECURRENCE within 30 (thirty) days after the due date, the blocking of the USER’S REGISTRATION (and consequently the other USER REGISTRATIONS linked to that contract) will be carried out automatically.

Delay in paying the RECURRENCE provided for in the caput of this Clause, which is not due to unforeseeable circumstances or force majeure, will result in a fine of 10% (ten percent), in addition to monetary correction and late payment interest of 2% (two percent) per month. PEQI will be entitled to suspend access to the USER’S REGISTRATION until the USER pays off the outstanding amounts, after 15 (fifteen) days of delay, or until the termination deadlines for PEQI Services are reached. PEQI reserves the right to take the relevant judicial and extrajudicial measures to receive the amounts owed.

If the USER defaults for more than 15 (fifteen) days from notification from PEQI, in addition to the penalties provided above, the USER will lose access to services linked to PEQI Services, without any prior notification other than that from PEQI informing of the problems processing of the RECURRENCE payment. This access will only be reestablished after the USER settles any pending APPEAL. Therefore, even if the USER later wishes to terminate PEQI Services and export their data from PEQI servers, they must pay any outstanding RECURRENCE amount.

Without prejudice to the provisions of the previous paragraph, PEQI may terminate this Term, blocking access to its REGISTRATION and PEQI Services, if the USER remains in default for more than 30 (thirty) days, and PEQI may also, at its sole discretion, and regardless of any notice, communicate said default to the credit protection agencies, which will promote the USER’s registration in their records (SERASA/SPC).

The contracted RECURRENCE values will be automatically readjusted every 12 (twelve) months, in the month of June, in accordance with the IGP-M or, in its absence, with the index that replaces it, regardless of prior notification to the USER .

If the USER does not cancel their REGISTRATION, the RECURRENCE will still be due, always on the anniversary date of the contract, even if the REGISTRATION is blocked due to lack of payment. To unblock your REGISTRATION (and consequently that of other USERS linked to that contract) and recover the information, the USER must pay all outstanding amounts, including for the period that the REGISTRATION was blocked, to reactivate your REGISTRATION and that of other USERS, and have access to your information.

If new taxes are created or the conditions for calculating and/or charging existing taxes are changed, which may impact the current remuneration values, the costs resulting from such impact may be passed on to the USER and added to the current remuneration, in order to reestablish the economic-financial balance of service provision.

As the PEQI platform itself is already fully integrated with its digital payment method partners, the USER will be able to pay the RECURRENCE chosen to access the PEQI Services directly in the PEQI environment. With payment confirmation, access to PEQI Services.

PEQI, seeking to respect the legislation applicable to consumers regarding the right to repent of PEQI Services acquired by USERS through the self-service order on the website https://peqi.app, which is 07 (seven) days from REGISTRATION, PEQI grants a period of up to 7 (seven) days of free testing of PEQI Services that can be used in the test phase (“Test Period”). Any data that the USER enters into the PEQI Services and any personalization made to them during the trial period will be permanently lost unless: (i) the USER purchases a RECURRENCE plan, enters their credit card details and/ or bank slip and make your payment, for the same PEQI Services you are interested in; or (ii) export the data before the end of the Trial Period. Immediately after the end of the Test Period, all data from the REGISTRATION and associated USERS will be deleted, regardless of the act of export, and it is the USER’s own obligation to maintain a physical backup of these files for the period required by law and the respective codes of ethics and resolutions.

If, during the Trial Period, or even immediately after its end, the USER contracts one of the RECURRENCE plans available on the Website and makes the payment and/or does not cancel it before concluding the Trial Period, it is understood that It will be understood that the USER has tacitly waived his right to repentance and any rights relating to the present, past and future, relating to facts, obligations and responsibilities, directly or indirectly related to the PEQI Services Trial Period, and I have nothing further to complain of the PEQI, in any capacity, judicially or extrajudicially, at any time.

Clause 5 – modifications to this term

5.1. PEQI may change, at any time, the conditions of this Term, aiming to improve it and improve the services provided. Therefore, in the event of a change to this Term, the USER will be alerted when accessing the user portal. The new conditions will come into force 10 (ten) days after their publication on the Website. Therefore, if the USER does not agree with the published modifications, they must immediately cease using the PEQI Services, proceed with the cancellation of their information and data, by requesting cancellation directly on the platform providing the PEQI Services, in the administration area of the USER REGISTRATION, under penalty of being liable for damages caused to third parties and to PEQI due to the late removal of data stored on its servers. In this case, the contractual link will cease to exist. However, if there is no manifestation within the period stipulated above, it will be understood that the USER has tacitly accepted the new conditions of the Term and will continue to bind the parties.

Clause 6 – prohibited products and practices

The following practices are expressly prohibited with PEQI Services, which are related to or condone: (i) illegal activities; (ii) Narcotics; (iii) stolen, stolen or subtracted property, or of any illicit origin, such as smuggling, forgery or adulteration; (iv) Products and services related to prostitution or similar; (v) Products and services that promote violence and/or discrimination, based on issues of race, sex, religion, nationality, sexual orientation or any other type; (vi) Products and services that violate intellectual property laws, such as unauthorized copies of images or texts without authorization from the author, whether they are brands, symbols, replicas and/or forgeries; (vii) Products and services related to lotteries, raffles and games of chance; and (viii) any other products and services prohibited by current legislation.

In this sense, it is the USER’s exclusive responsibility to ensure the legality of their activities and data and PEQI assumes no responsibility for their existence in PEQI Services, and may suspend PEQI Services and/or exclude USERS who do not comply with the restrictions described herein. Term. Therefore, the USER will be solely and exclusively responsible to PEQI or third parties, for the transgression of this rule that results in infringement of the intellectual rights of third parties, with PEQI being exempt from any responsibility towards the holder of these rights.

USERS will also not be able, among other actions provided for in this Term:

manipulate the prices of Plans and/or PEQI information, except when foreseen/authorized, the execution of such manipulation within the PEQI system itself;
attack, slander, insult or defame PEQI and/or other USERS, by any means available for USERS to communicate;
share screenshots, videos, photos, texts or PEQI’s own content with any third party without due written authorization from PEQI;
use any robot, search engine, site search/retrieval application or other device to retrieve or index any portion of the PEQI Services or collect information about USERS for any unauthorized purpose;
submit content with false advertising claiming that such content is sponsored or endorsed by PEQI;
create USER accounts by automated means or with false or fraudulent intentions;
transmit any viruses, worms, defects, Trojan horses or any items of a destructive nature;
modify, reverse engineer, decompile, disassemble, copy, mirror, distribute, sublicense, sell, resell, lease, pledge, donate, dispose of, create derivative works based on, or otherwise exploit, any or all part related to PEQI Services;
appoint, authorize or permit any person to resell, sublease, sublicense or distribute the PEQI Services, or any other feature of the PEQI platform, to any third party, or allow unauthorized third parties to access or use, in whole or in part, the PEQI Services; It is
access or use the PEQI Services in order to: (j.1) build a competitive product or service, (j.2) copy any ideas, features, functions or graphics of the PEQI Services. These types of behavior may be sanctioned with the suspension or cancellation of your REGISTRATION as a USER of PEQI, without prejudice to legal actions that may occur due to the configuration of crimes or misdemeanors or the civil damages that may cause to USERS.

If PEQI receives a report, or suspects that any USER is violating any specific condition of this Term or that it is considered an illicit activity, in addition to the protection measures already detailed in this Term, such as the suspension or cancellation of said REGISTRATION, the data of the infringing USER will be forwarded to the corresponding authorities, so that they can take the appropriate legal measures.

Clause 7 – data protection and information security

7.1. PEQI and the USER, as data processing agents, undertake to comply with all applicable legislation on information security, privacy and protection of Personal Data, present and future, including (always and when applicable) the Federal Constitution, the Code of Consumer Protection, the Civil Code, the Marco Civil da Internet (Federal Law no. 12,965/2014), its regulatory decree (Decree 8,771/2016), the General Data Protection Law – LGPD (Federal Law no. 13,709/ 2018), the regulations issued by the National Data Protection Authority (ANPD) and other sectoral or general standards on the subject, the same applies to international standards when applicable, and any Personal Data and Sensitive Personal Data of the other party must be treated with the sole purpose set out in this Term. 7.2 As Data Controller, the USER must establish the purposes and conditions of the Processing of Personal Data necessary for the execution of the contract with its holders, being responsible, including, for the preparation of all applicable documents and/or reports that may be required by the competent authorities. 7.3 As Data Operator, PEQI will only process Personal Data in accordance with the instructions previously defined by the USER (Controller), under the terms of the contracting option defined in clause 2 above and for specific treatments, as stated in its Privacy Policy, as it is an integral part of this contract. 7.4 PEQI will immediately cease the Processing of Personal Data and will notify the contracting party in writing if it becomes aware or believes that any instruction or personal data processed violates the LGPD or any other applicable law or regulation. 7.5 PEQI, as Data Operator, shall not:

modify the data and/or information entered by the USER on the servers;
disclose data and/or information entered by the USER, except by legal determination or in accordance with the specific confidentiality clause contained in this contract, with the express written authorization of the USER;
access the data and/or information entered by the USER, except to provide PEQI services and prevent or manage services or technical problems, or upon request from the USER, depending on its support service;
use Personal Data and/or information entered by the USER for other purposes that are not directly part of the scope of this contract.

7.6 Upon termination of the contract, PEQI will delete any and all personal data and/or sensitive personal data eventually received from the other party, and may eventually keep them temporarily to comply with legal, regulatory obligations or for a reasonable period of time until their complete systemic disposal, always in accordance with the hypotheses provided for by Law.

Clause 8 – term and validity

This Term has an indefinite term, coming into force on the date of its electronic acceptance. The USER may terminate the provision of PEQI Services and proceed with the termination procedures set out here at any time, upon prior and express communication to the other party within 30 (thirty) days, from any existing debts (costs, expenses, operational charges ) or any compensation resulting from injury to third parties due to misuse of PEQI Services are paid. However, any cancellation will not result in a refund of any RECURRENCE already contracted, as provided for in Clause 4.1.4 above.

PEQI may terminate this Term and exclude any USER from its database and platform, by operation of law, regardless of any notification or interpellation, judicial or extrajudicial, without prejudice to claiming losses and damages, in the following cases: ( a) for the breach of any of its provisions, in such a way as to prevent the continued execution of its purpose; (b) if the USER, in any way, compromises the public image of PEQI and/or any company associated with it in the provision of PEQI Services; (c) if the USER uses practices that disrespect the law, public order, morality, good customs or even this Term and the security and privacy policy, and/or misuses the PEQI Services, including in the form of sending SPAM; (d) if the USER disrespects the intellectual property rights of PEQI and/or third parties, or misuses the PEQI Services, including violating the privacy and personal data of third parties, as defined in legislation; (e) if the USER disrespects PEQI employees with offenses or statements that disrespect the law, public order, morals, good customs; (f) if the USER demands services superior to PEQI’s forces, prohibited by law or contrary to good customs; (g) if the USER treats PEQI with excessive severity in a degrading manner; and/or (h) for non-payment of one or more of the APPEALS and/or other remunerations due.

Clause 9 – responsibilities

PEQI does not have any interference over the data stored by USERS on its websites, and acceptance of this Term does not result in any partnership agreement, mandate, franchise or employment relationship between PEQI and the USER. However, PEQI maintains strict control over the transactions of its USERS and the data stored on its premises, periodically evaluating them and removing from its base any USERS that do not meet PEQI’s standards of ethics and good faith or that have been the subject of a complaint from third parties. In this sense, in no case will PEQI be responsible for lost profits or any other damage and/or loss that the USER may suffer due to the nature of the data on the websites.

PEQI is not responsible for the quality, status, integrity or legitimacy of the data stored by USERS on the websites, as well as the USERS’ ability to contract or the veracity of the personal data entered by them in their REGISTRATIONS. PEQI also does not provide a guarantee for hidden or apparent defects in the data stored by USERS, with USER storing it at their own risk.

In the event of a judicial challenge with PEQI as the defendant, the facts of which are based on the USER’s actions, the USER will be called into the process and must bear all the resulting burdens, in accordance with the Code of Civil Procedure. Likewise, the USER will indemnify PEQI, its branches, controlled or controlling companies, directors, administrators, collaborators, representatives, suppliers and employees for any demand promoted by other USERS or third parties arising from their activities on the Website or their failure to comply with this Term or for the violation of any law or the rights of third parties, including attorneys’ fees.

PEQI is not responsible for tax obligations arising from the activities of USERS who use PEQI Services.

PEQI is not responsible for any direct, indirect, incidental, special, punitive, exemplary or consequential damages, as well as any loss or loss of revenue, loss of data or loss of profit of the USER caused by failures in the system providing PEQI Services, in server or on the internet, whether resulting from the conduct of third parties, acts of God or force majeure, or from the technology used by PEQI to support PEQI Services, as defined in current legislation, or by any other event beyond PEQI’s control, such as access, interception, deletion, alteration, modification or manipulation, by unauthorized third parties, of the content made available by the USER on the websites. PEQI will also not be responsible for any virus that may attack the USER’s equipment as a result of accessing, using or browsing the Website, via the internet; or as a consequence of data transfer. USERS may not attribute any responsibility to PEQI or demand payment for loss of profit due to losses resulting from technical difficulties or system or internet failures. Occasionally, PEQI may not be available for technical reasons or internet failures, or for any other fortuitous event or force majeure beyond PEQI’s control. To the maximum extent permitted by law, PEQI’s aggregate liability for the provision of PEQI Services shall not exceed the amount of fees paid by the respective USER in the 12 (twelve) months prior to the date of the claim. The remedies provided by these Terms are exclusive, apply to all causes of action, and apply even if a party represents that it had prior knowledge that such damages were possible and/or even if a remedy fails of its essential purpose.

Clause 10 – Peqi’s intellectual property

The commercial use of the expression “PEQI” as a brand, business name or domain name, as well as the contents of the screens related to the PEQI Services as well as the programs, databases, networks and files, which allow the USER to access and use its account, are the property of PEQI and are protected by laws and international treaties on copyright, trademarks, patents, models and industrial designs. Improper use and total or partial reproduction of said contents are prohibited, except when expressly authorized by PEQI.

PEQI Services may connect the USER to other websites, which does not mean that these websites are owned or operated by PEQI. As it has no control over these websites, PEQI will not be responsible for the content, practices and services offered on them. The presence of links to other websites does not imply a relationship of partnership, supervision, complicity or solidarity on the part of PEQI with these websites and their contents.

The reproduction, display, distribution and/or alteration of any of the materials, services and contents of the Website must be expressly authorized by PEQI, as the mere use of the PEQI Services by the USER does not mean under any circumstances the assignment or transfer of rights about your intellectual property, as well as that of third parties.

Therefore, because PEQI Services are licensed and not sold on demand, PEQI solely and exclusively retains all right, title and interest in and to the PEQI Services, as well as all intellectual property rights and derivative works related thereto. Likewise, any work product designed or developed by PEQI in connection with the performance of any PEQI Service will belong solely and exclusively to PEQI. If the USER or any of its end customers sends ideas, suggestions, proposed improvements or other feedback related to the PEQI Services (collectively, “Feedback”), PEQI may use such Feedback without any need for compensation to the USER, therefore assigning the USER (or its end customers, as applicable) all rights in such Feedback to PEQI.

Clause 11 – general provisions and forum

The USER expressly accepts that PEQI and/or any of its partners send their subscribers email messages of an informative nature, referring to specific communications inherent to the PEQI Services provided under this Term, as well as of a commercial nature, including, among others , offers from PEQI partners, news on the Website, among other information. If the USER no longer wishes to receive such messages, they may request cancellation via the Website or via the link in the email received.

In order to maintain and meet the latest market requirements and technological development, PEQI may change, at its discretion, both in form and content, suspend or cancel, at its sole discretion, at any time, any of the PEQI Services, products, utility or application, made available by you or third parties, with prior notice to the USER.

PEQI’s tolerance towards the USER, in relation to non-compliance with any of the obligations now assumed, will not be considered novation or waiver of any right, constituting mere liberality, which will not prevent PEQI from subsequently demanding faithful compliance with the conditions set out in this Term, the anytime.

The USER may not transfer their REGISTRATION to third parties or other USERS. In turn, PEQI may, regardless of any notice or notification, assign the PEQI Services, in whole or in part, to partner companies or their economic group, at any time.

The USER expressly declares and agrees:

be over 18 years old and have legal capacity;
installing and keeping Anti Spyware, Anti-virus and other programs up to date that prevent the violation of the system used to access PEQI Services;
not use PEQI Services for any illicit transactions;
to maintain the confidentiality of your registered account PASSWORD, not providing it to third parties;
to immediately notify PEQI if you become aware of any breach of security related to the PEQI Services or unauthorized use of your USER name and PASSWORD;
be financially able to bear the payments, costs and expenses arising from transactions carried out with PEQI;
acknowledge that this Term is formalized, binding the parties, with its electronic acceptance by the USER, which will be done by clicking on the “I accept the Terms of Use” button;
that you have read and are aware of and in full agreement with all the terms and conditions of this Agreement, which is why you accept it of your own free will.

Therefore, in view of the clauses of this Term, the USER fully agrees with these provisions, committing to respect the conditions set out here in an irreversible and irrevocable manner, as well as to use the services offered to them in a profitable and legal manner.

All items in these General Terms and Conditions of Service are governed by the laws in force in the Federative Republic of Brazil. For all matters relating to their interpretation and compliance, the parties will submit to the Central Forum of the District of Brasília, Federal District, with the exception of complaints presented by USERS that fall within the legal concept of consumers, which may be submitted to the court of their domicile. .

The Parties agree and recognize as valid, binding and executable the electronic or digital signatures attached to this contract, whenever authenticated through platforms or digital means accepted by Brazilian legislation. This contract, when signed electronically, will be effective upon proof of its signature by the legal representative of the Parties, being considered an extrajudicial executive title, eliminating the need for signatures of witnesses in this modality.