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Terms and Conditions

Terms and Conditions

See the Xcommerce terms of use

These terms and conditions (hereinafter, the "Terms and Conditions") of the service regulate the contractual relationship between the users (hereinafter, the "Users" or the "Users"), with Xcommerce; with legal address at Rua General Dionísio, 495, Sala 102 - Rio de Janeiro - RJ, CEP 25075-095, e-mail [contato@xcommerce.io], website https://xcommerce. io (hereinafter "Xcommerce" and together with the Users, the "Parties"). Users shall be subject to the General Terms and Conditions, together with all other policies and principles governing Xcommerce and which are incorporated herein by reference.

ANY PERSON WHO DOES NOT ACCEPT THESE GENERAL TERMS AND CONDITIONS, WHICH HAVE A BINDING AND OBLIGATORY NATURE, SHOULD REFUSE USE OF THE SITE.

The User must read, understand and accept all the conditions set forth in the Terms and Conditions and Privacy Policies. Xcommerce reserves the right to modify these Terms and Conditions at its sole discretion and convenience by notifying Users fifteen [15] days prior to implementing the changes. Once the Terms and Conditions have been modified, the User must decide whether to accept them, in which case they may continue using the Xcommerce website.

You agree that you will be notified of any changes to the Terms and Conditions as soon as Xcommerce posts them on a link, and has notified you through the contact channels that you state in your case. The User's continued use of the Site and/or Service after the publication of this new version will be considered as acceptance of such modifications to the Terms and Conditions. As a result, the User agrees to check link periodically. Xcommerce offers a web platform (hereinafter the "Site") to Users in order to receive daily information, statistics and/or data related to sales made through the Marketplace platforms (hereinafter the "Service"). In other words, Xcommerce is responsible for performing an analysis of such data made available by the Marketplaces, related, but not limited to, market analysis, competition study, trends in products and services with the highest amount of sales, with the aim of offering Users a quantitative and qualitative study of such data, enabling them to improve the productivity of their business.

The words defined in these Terms and Conditions shall be interpreted according to the context in which they were used, include both genders, and may be found in both the plural and singular.

FIRST CLAUSE: The Registration

1.1. To log into the Xcommerce Site, the user must obtain a registered account on the Xcommerce Site. 1.2 A registered user will have the ability to use the Site free of charge for a period of Seven (7) consecutive days (the "Trial Period"). The Trial Period will not be renewable, nor can it be extended.If the User decides to continue using the Site and/or the Service, the User must pay Xcommerce for the selected Product in accordance with the details in the fourth clause.

1.3 The User shall be solely responsible for the Account and is obliged not to disclose the Account password to any third party. Any use of the Site, through the User Account, shall be deemed by Xcommerce to be made by the User, without the User being able to prove otherwise. The account is personal, unique and non-transferable. 1.4 Any person aspiring to become a User must verify that the information made available to Xcommerce is accurate, precise and true (hereinafter, the "Personal Data"). Xcommerce reserves the right to request any proof and/or additional data to corroborate the Personal Data, and to temporarily and/or permanently suspend the User whose data could not be confirmed. Xcommerce is not responsible for the accuracy of the data recorded at the time of registration of the account.The user guarantees and responds, in any case, the truthfulness, accuracy, validity and authenticity of their personal data. The Personal Data provided by the Registered User will be integrated into a personal database for which Xcommerce is responsible. For more information, see the Privacy Policy.

1.5 If the user wishes to cancel the account and/or service, the user must send an email to contato@xcommerce.io with the subject "User Cancellation" and fill out the cancellation form to have a sales executive assist the user in the process. After Xcommerce processes the cancellation, Xcommerce will suspend future payment as defined below and the user will retain access to the account until the last day credited by Xcommerce.

1.6. Xcommerce will provide online support to the User through a personalized contact offered at https://xcommerce.io

SECOND CLAUSE: General Conditions of Use of the Services

2.1. The Service offered by the Xcommerce Site is directed exclusively to Users who have registered their Account in accordance with the provisions of the first clause.

2.2 Xcommerce will offer a service that is focused on visualizing the main sales of the selected platform ( Marketplace ) of a minimum quantity sold, which can vary according to the platform, per Product and understand your business strategy. Products with sales below the amount mentioned will not be added to our queries. You can know the demands for products, what is being sold, when it is being sold and how, with daily queries or the last 7 / 15 / 30 / 90 days. In reference to the specific information of a category, you will be able to know in depth in a cumulative total of the last 3 months .

2.3. Xcommerce reserves the right to add, modify and/or delete Products and/or features pertaining to the Products. In this case, Xcommerce will notify the User through the contact that was provided at the time of registration, reporting this situation. The User's continuation in the use of the Site and/or Service, once the new addition, modification and/or deletion of the Products and/or functionalities belonging to the Products has been reported, will be considered as acceptance thereof.

2.4 To provide Users with the Products and the best possible experience, Xcommerce will use public information. The public information of the Marketplaces will be provided by the API's themselves, consisting of the pages visited, IP addresses, searches performed, ads, sales, ratings, messages, among others ("Public Information").

THIRD CLAUSE: Products Offered 3.1. Xcommerce will offer the User through the Site, a fee that will determine the amounts that the User must pay according to the Service and/or Product selected. Xcommerce reserves the right to change, modify, add or delete the mentioned values from time to time, at its own discretion, and new versions of the rate will be notified by the publication of the new version on the Site and will be notified by the contact channels that the User authorizes and declares. The amount of the Service and/or Product will vary according to the quantity of Products selected. Xcommerce reserves the right to make promotions and / or discounts for any of the services offered.

FOURTH CLAUSE: Payment and Billing Conditions 4.1 Each of the Products must be paid for on the XCOMMERCE website through the Pagar.me payment platform owned by Stone Co. The User understands that, prior to making payments through Payment Processors, he must accept the Terms and Conditions and all conditions of use of Payment Processors.

The amount corresponding to the Product selected by the User will be paid through Payment Processors (the "Payment Processors"). Payment made by Users will not be refundable, therefore, in the event of a payment or User error, such payment will represent a credit to the User.

4.2. The user will be able to use the products when the payment is credited to the Xcommerce account. User understands that the time frame in which the Payment will be credited to the Xcommerce account is beyond Xcommerce's control, so User releases Xcommerce from liability for any delay in crediting the payment and the consequences this may have for User.

4.3 The credit card holder is responsible for the data recorded at the time of request and/or reservation of the selected Product and is the only obliged to pay the issuer of the same. Any disregard must be made in front of the credit card issuing bank in accordance with the provisions of the Credit Card Law No. 25,065.

FIFTH CLAUSE: Use of the Site. 5.1. Xcommerce shall have the power to deny or restrict the use of the Site to any User, in its sole discretion, without causing any harm to the User. You agree to make proper and lawful use of the Site in accordance with applicable law, these Terms and Conditions, morality, generally accepted good practice and public policy. By using the Site or the Service, the User agrees that:

a) You will only use the Service for personal use and will not have the power to resell your Account to any third party.

b) You will not authorize others to use your account.

c) You will not assign or transfer your account to any other person or legal entity except affiliates, subsidiaries, controlled or controlling persons. d) You will not use an account that is subject to any rights of a person other than yourself without proper authorization.

e) You will not use the Products for purposes that are unlawful, illegal, contrary to this Terms of Use, good faith and public order, without prejudice to the rights and interests of others.

f) You will not attempt to damage the Site in any way or access restricted features on the Site.

g) Will securely and confidentially store your account password and any identification provided to allow access to the site.

h) You will not use the site with an incompatible or unauthorized device.

i) You will not attempt to access, use and/or manipulate the data of Xcommerce and/or other users.

j) Will not introduce or disseminate computer viruses or any other physical or logical systems that may cause damage to the Site.

SIXTH CLAUSE: Liability

6.1 Xcommerce only makes the Site available to Users in order to offer the Products to Users. Xcommerce does not intervene in the improvement of the operations carried out by the Users, therefore it will not be responsible for the success or failure of the operations carried out by the Users from the use of the Products and the Xcommerce Site.

6.2 The User knows and accepts that when making operations with the Site, he does so at his own risk. Under no circumstances will Xcommerce be liable for loss of profits, or any other damage and/or loss suffered by the User due to the use of the Products offered through the Site.

6.3 Xcommerce recommends you exercise caution and common sense when ordering the Products. In the event that one or more Users or third parties initiate any type of claim or legal action against a User, each and every person involved in such claim or action releases Xcommerce and its directors, officers, employees, agents, Operators, representatives and attorneys from any liability.

6.4 You understand and agree that the Products offered by Xcommerce will not provide you with accurate market information, but that Xcommerce will merely provide you with estimates and trends of the commercial conditions of the Marketplaces

SIXTH CLAUSE: Site Usage and Warranty 7.1 Xcommerce does not warrant the availability and continued operation of the Site. Consequently, Xcommerce will not be liable in any event for any damages and losses that may arise from (i) lack of availability or accessibility to the Site; (ii) the interruption of the Site's operation or computer failures, telephone failures, disconnections, delays or blockages caused by deficiencies or overloads in telephone lines, data centers, the Internet system or other electronic systems, produced on the Site; the course of its operation; and (iii) other damages that may be caused by third parties through unauthorized interference beyond Xcommerce's control.

7.2. Xcommerce does not guarantee the absence of viruses or other elements on the Site introduced by third parties unrelated to Xcommerce that could produce changes in the User's logical or physical systems or in the electronic documents and files stored in its systems. Consequently, Xcommerce will not be liable in any case for any damages of any nature that may arise from the presence of viruses or other elements that may cause alterations to the User's physical or logical systems, electronic documents or files.

7.3. Xcommerce does not guarantee the absence of viruses or other elements on the Site introduced by third parties outside of Xcommerce that could produce changes in User's logical or physical systems or in the electronic documents and files stored on its systems. Consequently, Xcommerce will not be liable in any case for any damages of any nature that may arise from the presence of viruses or other elements that may cause alterations to the User's physical or logical systems, electronic documents or files.

7.4. Xcommerce adopts various protective measures to protect the Site and its content from computer attacks by third parties. However, Xcommerce does not guarantee that unauthorized third parties are unaware of the conditions, features and circumstances under which the User accesses the Site. Consequently, Xcommerce shall not be liable in any case for any damages that may arise from such unauthorized access.

7.5. By signing these Terms and Conditions, the User represents that it will hold harmless Xcommerce, its parent company, directors, partners, employees, attorneys and agents, from any claim arising out of (i) the User's violation of any provision contained in these Terms and Conditions or any law or regulation applicable to them, (ii) the User's breach or violation of the rights of any third party, including other Users; and (iii) the User's violation of the permitted use of the Site.

EIGHTH CLAUSE: Intellectual and Industrial Property Rights

8.1. The User acknowledges and accepts that all intellectual and industrial property rights over the content and/or any other elements inserted in the Site (including, without limitation, trademarks, logos, trade names, text, images, graphics, drawings, sounds, databases, software, flowcharts, presentation, audio and video), belong to Xcommerce.

8.2. Xcommerce authorizes the User to use, view, print, download and store the contents and/or elements inserted in the Site exclusively for his personal, private use, refraining from performing any act of decompilation, reverse engineering, modification, resale, commercialization, disclosure or supply. Any other use or exploitation of any content and/or other elements inserted into the Site other than those expressly provided for herein shall be subject to Xcommerce's prior authorization. NINTH CLAUSE : Data Protection

9.1. The Personal Data that the User provides in the Registration will be integrated into a personal database for which Xcommerce is responsible, the address of which appears in the header of this document.

9.2. Xcommerce declares that the Users' Personal Data will be used only for the purposes of the registration mentioned in the FIRST CLAUSE.

9.3. Users may exercise their rights to access, rectify, delete and update their Personal Information, as well as oppose its processing, all in accordance with the provisions of the applicable regulations.

9.4. Xcommerce undertakes to ensure compliance with the provisions of Law 25.326 and Decree 1558/2001, with regard to the Protection of Personal Data, users and / or third parties, as well as guarantee the rights conferred in the regulations. mentioned. 10th CLAUSE: Notifications

10.1. Xcommerce may make appropriate notifications to the User through a general notification on the Site, through text messages and/or the email address provided by the User in his account. The user can notify Xcommerce by sending an email to [contato@xcommerce.io].

SIXTH CLAUSE: Assignment

11.1 User may not assign its rights and obligations under these Terms and Conditions without Xcommerce's prior written consent. Xcommerce may assign, without the need to obtain the prior consent of the User, these Terms and Conditions to any entity included in its group of companies, worldwide, as well as to any person or entity succeeding it in the exercise of its activities. business in any capacity

TWELVE CLAUSE: Applicable Law and Jurisdiction 12.1 These Terms and Conditions, as well as the relationship between Xcommerce and the User, will be governed and interpreted according to the legislation in force in Brazil.