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Terms and conditions of use

Português Inglês

General Terms and Conditions of Website/Platform Use | BHub

Hi! BHUB SERVIÇOS E TECNOLOGIA LTDA. (“TECNOLOGIA”), headquartered at Rua Cardeal Arcoverde, nº 2365, 3º andar, Pinheiros, CEP (Zip Code) 05407-003, registered with CNPJ (Corporate Taxpayer Registration) under No. 42.330.545/0001-06, as well as the other companies of BHub group (“BHUB” or “Group”) would like to welcome you!

Thank you for visiting our pages! However, before you start your journey on our websites/applications/platforms, experiencing all the best they have to offer, especially our products (“Products”) and services (“Services”), please read these General Terms and Conditions (“General Terms”) carefully, as well as the other Terms and Conditions of Use relating to specific BHUB platforms (“Specific Terms”).

The main purpose of these General Terms is to regulate the general conditions of access and use of our websites/applications/platforms, providing clarification, mainly, on the features, functionalities, Services, and Products offered by BHUB in its environments. These General Terms apply to all users who use our tools.

We thank you for your visit and wish you an unforgettable journey in our virtual environments!

 

IMPORTANT!

BHUB hereby clarifies that, by accessing and/or using any features, functionalities, Services, Products, and/or benefits of its websites/applications/platforms, the user is hereby legally and formally bound by these General Terms, the Privacy and Personal Data Protection Policy (“Privacy Policy”), the Cookies Policy (“Cookies Policy”), any Specific Terms and other regulations governing the BHUB’s activities, in particular, its Service provision, and the supply of its Products (“Acceptance”).

 

What does that mean?

Acceptance means that users declare and attest to their full and complete awareness of how their interaction with BHUB shall take place, including concerning the processing of personal data, when using the features, functionalities, Services, Products, and other benefits offered by BHUB on its websites/applications/platforms.

 

ATTENTION!

If you do not agree with these General Terms and/or the other terms, policies, and regulations of BHUB, please immediately stop using our websites/applications/platforms, registering in our environments, consuming any Products and Services offered, and/or otherwise providing any information to BHUB.

Please be aware that if you do not agree to our General Terms, Privacy Policy, Cookies Policy, or any Specific Terms and/or other regulations governing the activities of this company, such activities, including the supply of our Products and the provision of our Services, may not take place.

Although our joint journey cannot continue if the above documents are rejected, your opinion is extremely important to us! Therefore, we kindly ask you to let us know why you disagree so that we can continuously improve our activities.

We at BHUB hereby inform you that we make every reasonable effort, according to current technology, to ensure the security of our websites/applications/platforms, in short, our systems in general, in the interests of privacy and the protection of the data and information we process, in particular personal data.

Information on access, security, browsing, data processing, and cookies of third parties/partners may be found in their respective policies, terms, and/or regulations, and it is the sole liability of each party to adopt measures according to current legislation, in particular Law No. 13.709/2018 (“General Data Protection Law” or “LGPD”), for the protection of privacy and any data relating to identified or identifiable individuals. Under no circumstances is BHUB liable for the policies, terms, and/or regulations of third-party/partner websites/applications/platforms, nor for the processing of data carried out by them.

We would also like to clarify that these General Terms are mainly based on BHUB’s Privacy Policy https://bhub.com/politica-de-privacidade, which in turn incorporates provisions of the LGPD, available at the following link: LGPD.

 

  1. WHAT SERVICES/PRODUCTS DO WE OFFER ON OUR WEBSITES/APPLICATIONS/PLATFORMS?

Without prejudice to the other provisions of these General Terms, our websites/applications/platforms are intended to offer our Services and Products, available mainly at the following link: https://bhub.com/, as well as allowing the user to access information and content related to BHUB, such as: services, products, news and various announcements, campaigns, career, blog, events, advertisements, launching of new services and/or products related to back office (“BACK OFFICE”).

That said, users of our environments declare full and complete knowledge that they may, subject to the applicable legislation in force, in particular the LGPD, and other provisions contained in the policies and regulations of the BHUB and/or the competent authorities:

(i) receive, via e-mail and/or telephone/WhatsApp, information that has been requested on our websites/applications/platforms, as well as news, offers of products and services, announcements of campaigns and possible selection processes, launching of new BHUB services and/or products, and other related information;

(ii) receive calls and/or direct messages from BHUB employees to answer questions, carry out surveys, and/or provide information on products, services, campaigns, news, updates, events, and other related matters;

(iii) receive, via e-mail and/or telephone/WhatsApp, advertising, according to interests and preferences, including in a customized manner;

(iv) have contact with links from third parties/partners while browsing our sites/applications/platforms, related to topics of interest.

Notwithstanding the above, it is possible to unsubscribe from receiving advertising messages at any time. For more information on this, please visit our Privacy Policy.

 

  1. WHO MANAGES OUR WEBSITES/APPLICATIONS/PLATFORMS?

Our websites/applications/platforms, as well as the Products, Services, and activities that we offer/perform through them, are administered/managed by BHUB, which may, from time to time, grant such powers and rights to third parties/partners, pursuant to the law and in accordance with the agreements signed between BHUB and the respective third parties/partners.

BHUB reserves the right to include, delete, or change the contents, features, and functionalities of its websites/applications/platforms, as well as to temporarily suspend them at any time, regardless of prior notice. Likewise, it may change these General Terms, as well as its other terms, policies, and regulations, the most recent versions of which shall always be available on our tools for consultation.

By continuing to access, use, or otherwise interact with our websites/applications/platforms after the publication of the aforementioned changes, users attest to their full and complete awareness of how they will interact with BHUB as of the update in question. If you do not agree with the new General Terms, policies, and/or regulations, please stop using our website/application/platform immediately and do not register on our tools, consume any Products and/or Services offered, and/or otherwise provide any information to BHUB.

 

  1. INITIAL REGISTRATION, ACCESS AND USE OF OUR WEBSITES/APPLICATIONS/PLATFORMS

Our websites/applications/platforms are only intended for people over the age of 18. Anyone who does not fit this classification shall be automatically banned from our platform.

By accessing, using or otherwise interacting with our websites/applications/platforms, the user declares to comply with the above conditions. If you are accessing, using or otherwise interacting with our environments on behalf of any organization, you hereby declare that you have all the legal powers to bind said organization to these General Terms, to the Privacy Policy, as well as to the other terms, policies, and regulations of BHUB.

 

3.1. Registration

Registration on our websites/applications/platforms is always optional. However, in order to take advantage of all the Products, Services, benefits, and/or other facilities offered by BHUB, it is essential to register.

For registration purposes, BHUB generally collects the following personal data: name/surname, e-mail address, and telephone number. BHUB may, at any time, at its sole and exclusive discretion, request the updating and/or provision of data to complete the registration.

The information provided at the time of registration must be true, complete, and kept up to date. Under no circumstances shall BHUB be liable for any result and/or damage arising from the falsity of the information provided and/or its failure to be updated. BHUB may, at any time, at its sole and exclusive discretion, request the updating and/or provision of data to complete the registration

Users are liable for the secrecy and confidentiality of all data they provide to BHUB, as well as for the actions and/or omissions carried out in our environments.

 

3.2. Use of our websites/applications/platforms

It is hereby declared and acknowledged that any and all actions or omissions during the use of our websites/applications/platforms shall be the user’s sole and full liability, and BHUB, its affiliates, and/or subsidiaries shall be held harmless from any claims and/or liabilities arising therefrom, as well as indemnified for any losses, damages and/or expenses incurred, including, but not limited to, attorneys’ fees and court costs, which they may suffer as a result of such actions or omissions.

Users are solely and exclusively liable for the means they use to access BHUB’s sites/applications/platforms, including but not limited to devices, internet providers, and/or browsers, and therefore exclusively assume the risk of any possible breach of privacy and/or security arising from such means.

Users declare and attest to full and complete knowledge that, due to the nature and purposes for which BHUB’s websites/applications/platforms are intended, BHUB may collect, access, process, store, reproduce, share, delete, in short, process personal data (“Processing”), under the LGPD, in particular art. 5, item X, in accordance with these General Terms, its Privacy Policy and its other terms, policies and regulations, subject to the applicable legislation and legal bases in force.

We also clarify that the Processing extends to all the Group’s companies, which may even be located and/or headquartered outside Brazil.

 

  1. WHAT INFORMATION/DATA DO WE COLLECT ON OUR WEBSITES/APPLICATIONS/PLATFORMS?

BHUB respects the rights to personality and privacy and hereby undertakes to use the data/information made available on its websites/applications/platforms as described in these General Terms, the Privacy Policy, the Specific Terms, the Cookies Policy, other BHUB regulations and in accordance with current legislation, in particular the LGPD.

Considering the nature and purpose of BHUB’s websites/applications/platforms, the following personal data shall generally be collected through these channels:

Registration information (“Registration Information”): name/surname, e-mail address, and telephone number.

Browsing/device information on our websites/applications (“Browsing/Device Information”): IP address, geographical location, reference source, type of browser, duration/frequency of visits, and pages visited. This information is usually obtained through cookies installed in your browser. For more information, please visit our Cookies Policy.

Without prejudice to the above, other personal data may also be collected, in accordance with the Specific Terms and other policies, terms, and regulations of BHUB, subject to the applicable legislation and legal bases in force. So be sure to check them out!

Registration Information, Browsing/Device Information, and/or other data collected and used by BHUB may be kept and stored by BHUB in the following cases: (i) for as long as the registration and/or account remain active; and (ii) for as long as necessary: (ii.i) for the purposes of the Products and Services, (ii.ii) for the resolution of any dispute or litigation, (ii.iii) by judicial determination and/or by an entity with jurisdiction over the activities of BHUB; (ii.iv) to comply with a specific legal provision, under the applicable legislation in force; (ii.v) for as long as they are necessary to maintain the legitimate interests of BHUB, under the law.

 

  1. PURPOSE AND USE OF DATA/INFORMATION

The data/information referred to in item 4 of these General Terms may be processed by BHUB for the following purposes, subject to the applicable legislation and legal bases in force:

(i) Service Provision and/or supply of Products, as well as for the launch of new Products and Services, campaigns, and selection processes, among other activities carried out by BHUB;

(ii) Sending information requested on our websites/applications/platforms;

(iii) Sending news, Products and Services offers, announcements, and/or other information, always related to topics of interest to the registered users;

(iv) Carrying out surveys, disclosing events, and other matters that may be of interest to the registered user;

(v) Advertising according to the interests and preferences of the registered users, as well as for the customization of the Services and Products in order to adapt them to such interests and preferences;

(vi) Customer support, service and/or related services.

Once again, we would like to point out that, despite the provisions of the previous sections, you can unsubscribe from receiving advertising messages at any time. For more information on canceling your registration and/or changing/deleting your personal data, please visit our Privacy Policy.

We also point out that BHUB may share personal data processed with companies located in other countries, such as Google, Microsoft, and/or Amazon, mainly for cloud storage, as stated in its Policy.

BHUB hereby informs that, in the event of an international data transfer, this shall take place according to the security measures necessary to ensure confidentiality, integrity, and availability of the personal data transferred, in compliance with the applicable legislation in force, in particular the LGPD.

 

  1. ACCESS AND USE OF DATA/INFORMATION BY THIRD PARTIES/PARTNERS

The data/information referred to in item 4 of these General Terms may also be processed by third parties/partners duly authorized by BHUB, located or with a registered office in Brazil or abroad, for the purposes set out in item 5 above.

For technical and operational reasons, the data/information referred to in item 4 of these General Terms may also be stored or operated in facilities, datacenters and servers owned by third parties/business partners of BHUB, located or with registered office in Brazil or abroad.

We hereby clarify that the aforementioned third parties/business partners, service providers, are subject to the rules, obligations and duties of confidentiality, secrecy and protection of the privacy of the information and personal data processed, consistent with the provisions of these General Terms, the Privacy Policy, other BHUB terms, policies and regulations and current applicable legislation, in particular the LGPD, without prejudice to any other applicable legislation, due to their location.

 

  1. THIRD-PARTY LINKS

In order to improve your browsing experience on our websites/applications/platforms, these may contain links referring you to third-party websites, systems, applications, services and products. The indication of these links does not constitute an endorsement or sponsorship of the services and/or products of these third parties. Under no circumstances is BHUB liable for the policies, terms, and/or regulations of the websites/applications/platforms of these third parties, nor for the processing of data carried out by them and/or for any errors, faults, irregularities, or defects in the provision of their services and/or supply of their products. We therefore recommend that you carefully read the privacy policies, terms and conditions of use, and other regulations of these third parties.

Any complaints or doubts about the services and/or products of third parties, used and/or acquired by the user through links published on our websites/applications/platforms, should be directed to the respective third parties’ sectors/services.

 

  1. INTELLECTUAL PROPERTY RIGHTS:

Any and all techniques, ideas, concepts, methods, processes, software, utilities, data, documents, directories, designs, user interfaces, know-how, graphics, images, photographs, logos, slogans, sounds, trademarks, texts, statements, drawings, including domain names, user interfaces and color combinations used, incorporated and contained in our websites/applications/platforms constitute the sole and exclusive intellectual property of BHUB or are duly authorized and licensed by third parties/partners. The use, reproduction, distribution, or display, in whole or in part, of any intellectual property of BHUB by the user or by any third party is not permitted or authorized without their prior, express and written consent.

Any content, features, functionalities, and tools made available on our websites/applications/platforms are the property of BHUB and/or, where applicable, of third parties/partners, under the terms of any agreements signed between BHUB and the respective third party/partners, being understood that: (i) under no circumstances may such ownership be claimed by the user of our sites/applications; and (ii) if said content, features, functionalities, and tools are the property of third parties/partners, BHUB shall obtain the necessary rights, authorizations and licenses.

The user hereby undertakes not to carry out any of the activities listed below and, in the event of a breach, must fully indemnify BHUB, its affiliates, and/or subsidiaries for any and all damage caused, regardless of its nature, without prejudice to the applicable legal sanctions:

to copy, store, modify, prepare works, distribute, license, sell, transfer, publicly display, publicly perform, transmit, or exploit any software that is part of our websites/applications/platforms as well as any content owned by us, except to the extent expressly permitted by BHUB, due to the use of the features, functionalities, services, products, and/or other benefits made available by BHUB;

attempt to expose the source code or attempt to recreate any software that is part of our websites/applications/platforms;

use software, devices, scripts, manual or automated robots, or any other means or process to access or track any web pages or other services contained on our websites/applications/platforms;

violate the rights of any person or entity, including, without limitation, their intellectual property, privacy, publicity, and/or contractual rights;

attempt to probe, scan, or test the vulnerability of any BHUB system or network or breach any security or authentication measures;

avoid, ignore, remove, disable, impair, decrypt, or circumvent any technological measure implemented by BHUB, any of its suppliers, or any other third party to protect its websites/applications/platforms;

forge any TCP/IP packet elements or any parts of such elements in any e-mail posting or newsgroup, or in any way use our websites/applications/platforms, including the Entrepreneur Hub, and/or the features, functionalities, services, products, and/or other benefits made available by BHUB to submit altered, misleading or false source identifying information;

attempt to decipher, decompile, disassemble, or reverse engineer any software used by BHUB for the supply of its products and/or the provision of its services;

advocate, encourage, or assist any third party to do any of the above;

use BHUB’s websites/applications/platforms for any activities not provided for herein and in BHUB’s other terms, policies, and regulations.

If there is evidence of any of the above activities, BHUB may, at its sole and exclusive discretion, suspend or close the account of the subversive user, being understood that any suspension or termination of the user’s account, under the terms indicated above, shall not exempt the user from any of their obligations.

 

  1. DATA SECURITY POLICY, INFORMATION AND COMMUNICATIONS

BHUB always seeks to use adequate and appropriate processes, techniques, mechanisms, and prevention procedures, in accordance with current technology, to ensure proper protection against any security incidents, occurrences, or suspicions of unauthorized access, use, changes, appropriation, and/or destruction by third parties, which may compromise or threaten the integrity, confidentiality, authenticity, and/or availability of the information/data collected by us.

We make every effort, in accordance with current technology, to protect the personal data of users of our websites/applications/platforms against loss, unauthorized use, and/or other types of abuse. For this reason, not only do we store the data/information we collect in a secure operating environment, inaccessible to the general public, but we may also make anonymous or encrypt them for reasons of relevance, provided that this does not make it impossible for BHUB to use them in the supply of its Products and/or in the provision of its Services.

BHUB, at its sole and exclusive discretion, may ban from its environments users who attempt to damage or tamper with its websites/applications/platforms and/or its security mechanisms, whether through the use of viruses, cancellation bots, Trojan horses, harmful code, denial of service attacks, packet or IP falsification, forged routing or the use of any other method/technology capable of causing damage and/or tampering with BHUB’s environments. Any attempt to do so constitutes a violation of civil and criminal law, and the user must fully indemnify BHUB for any and all damage caused, regardless of its nature, without prejudice to other applicable legal sanctions.

Information on security mechanisms adopted by third parties or by our business partners can be found in their respective policies, terms, and/or regulations, and it is the sole responsibility of each party to adopt measures in accordance with current legislation, in particular the LGPD, for the protection of privacy and any data relating to identified or identifiable natural persons.

 

  1. CANCELING REGISTRATION OR CHANGING/DELETING DATA/INFORMATION

The information and personal data that we process may be reviewed, changed, and/or updated at any time by the registered user, who may even delete certain data and information, subject to the provisions of these Terms and Conditions of Use, the Policy, as well as BHUB’s other policies, regulations, and contractual relationships, in compliance with the applicable legislation in force, in particular the LGPD.

Personal data shall be securely deleted/made anonymous if: (i) it is not being actively used; (ii) we have no legal obligation to retain it (e.g. for tax purposes); (iii) BHUB is not permitted to keep it for legal and/or compliance reasons; and/or (iv) it is not supported by BHUB’s legitimate interest.

Inaccurate or outdated personal data shall be destroyed or deleted as soon as possible unless it is required to be kept due to a legal obligation to retain it for a certain period and/or the regular exercise of rights.

 

  1. CONTACT FOR CLARIFICATIONS, QUESTIONS AND EXERCISE OF RIGHTS

Still have questions? Relax! BHUB allows you to ask questions at any time through the channel privacidade@bhub.ai. If BHUB acts as Controller of the processing of personal data, pursuant to the Policy, it shall also be available for the holder of said data to exercise directly, through its channel, the rights provided for in the LGPD, in particular in its art. 18. If this is not the case and BHUB acts as an Operator pursuant to the Privacy Policy, please directly contact the Controller of your personal data processing to exercise these rights.

 

  1. VERSIONS OF THESE TERMS

These Terms and Conditions of Use may be revised and updated from time to time by BHUB. Any and all revisions and updates shall only be valid and enter into force at the time of their publication on our websites/applications. Don’t worry! You shall be informed of relevant revisions/updates.

 

  1. APPLICABLE LAW AND JURISDICTION

This document is governed by the laws of the Federative Republic of Brazil.

The Judicial District of State of São Paulo, of the State of São Paulo, is hereby elected as competent to settle any questions arising from this document, with express waiver of any other, however privileged.

These Terms and Conditions of Use were last modified on December 12, 2022.

Terms and Conditions of Use Entrepreneur Hub

Hi! BHUB SERVIÇOS E TECNOLOGIA LTDA. (“TECNOLOGIA”), headquartered at Rua Cardeal Arcoverde, nº 2365, 3º andar, Pinheiros, CEP (Zip Code) 05407-003, registered with CNPJ (Corporate Taxpayer Registration) under No. 42.330.545/0001-06, as well as the other companies of BHub group (“BHUB” or “Group”) would like to welcome you!

Thank you for visiting our pages! Before starting your journey on the Entrepreneur Hub platform (“Platform” or “Entrepreneur Hub”), please read these Entrepreneur Hub Terms and Conditions of Use (“Hub Terms”) carefully, as well as the other terms and policies of BHUB, in particular the Privacy and Personal Data Protection Policy (“Privacy Policy”), the General Terms and Conditions (“General Terms”), the Cookie Policy (“Cookies Policy”), and the other regulations governing BHUB’s activities.

The main purpose of the Hub Terms is to regulate the conditions of access to and use of the Entrepreneur Hub, clarifying the features, functionalities, services, products, and/or benefits offered on the Platform, such as, for example, the provision of financial indexes capable of enabling you to better manage your business.

We thank you for your visit and wish you an unforgettable journey in our virtual environments!

IMPORTANT!

BHUB hereby clarifies that, by accessing and/or using any features, functionalities, services, products, and/or benefits of the Entrepreneur Hub, the user is hereby formally bound by these Hub Terms, the Privacy Policy, the General Terms, the Cookies Policy and the other regulations governing the activities of BHUB, in particular the provision of its services and the supply of its products (“Acceptance”).

What does that mean?

Acceptance means that users declare and attest to their full and complete awareness of how their interaction with BHUB shall take place, including concerning the processing of personal data, when using the features, functionalities services, products, and/or other benefits offered on the Entrepreneur Hub.

ATTENTION!

If you do not agree with these Hub Terms and/or the other terms, policies, and regulations of BHUB, please immediately stop using the website, application, and/or Platform, not registering in said environments, not consuming any feature, functionality, service, product or other benefits offered and/or otherwise providing any information to BHUB.

Please be aware that if you do not agree to these Hub Terms, our Privacy Policy, General Terms, Cookies Policy, and/or the other regulations governing the activities of this company, the features, functionalities, services, products, and/or other benefits of the Entrepreneur Hub may not be provided to you.

Although our joint journey cannot continue if the documents above are rejected, your opinion is extremely important to us! Therefore, we kindly ask you to let us know why you disagree so that we can continuously improve our activities.

We at BHUB hereby inform you that we make every reasonable effort, according to current technology, to ensure the security of our websites/applications/platforms, including the Entrepreneur Hub, in the interests of privacy and the protection of the data and information we process, in particular personal data.

Information on access, security, browsing, data processing, and cookies of third parties/partners may be found in their respective policies, terms, and/or regulations, and it is the sole liability of each party to adopt measures according to current legislation, in particular Law No. 13.709/2018 (“General Data Protection Law” or “LGPD”), for the protection of privacy and any data relating to identified or identifiable individuals. Under no circumstances is BHUB liable for the policies, terms, and/or regulations of third-party/partner websites/applications/platforms, nor for the processing of data carried out by them.

We also clarify that these Hub Terms are mainly based on the BHUB’s Privacy Policy <https://bhub.com/politica-de-privacidade/> and General Terms <https://bhub.com/termos-e-condicoes-de-uso/>.

WHAT FEATURES/FUNCTIONALITIES DO WE OFFER IN OUR ENTREPRENEUR HUB?

Through the Entrepreneur Hub, users have free access to financial indicators which, based on data automatically extracted from their bank account(s), allow them to gain greater visibility of their business, as well as greater financial control and more transparent and efficient business management.

By integrating the user’s company bank account(s) with the Entrepreneur Hub, BHub can provide them with financial indexes that automatically indicate, in a graphical, categorized, analytical and up-to-date way, among other information, history, inflows, outflows, and cashburn, enabling a quick analysis on the main transactions and the financial health of your business in real-time.

Without prejudice to the other provisions of these Hub Terms, our Entrepreneur Hub is also intended to allow the user to access information and content related to BHUB, including from third parties/partners, such as: services, products, news, and various announcements related mainly to the back office.

That said, users of Entrepreneur Hub declare full and complete knowledge that they may, subject to the applicable legislation in force, in particular the LGPD, and other provisions contained in the policies and regulations of the BHUB and/or the competent authorities:

(i) receive, via e-mail and/or telephone/WhatsApp, information that has been requested on our websites/applications/platforms, as well as news, offers, and announcements of BHUB products and services, and other related information;

(ii) receive calls and/or direct messages from BHUB employees to answer questions, carry out surveys, and/or provide information on products, services, events, and other related matters;

(iii) receive, via e-mail and/or telephone/WhatsApp, advertising, according to interests and preferences, including in a customized manner;

(iv) have contact with links from third parties/partners while browsing our sites/applications/platforms, related to topics of interest.

Notwithstanding the above, it is possible to unsubscribe from receiving advertising messages at any time. For more information on this, please visit our Privacy Policy.

WHO RUNS THE ENTREPRENEUR HUB?

The Entrepreneur Hub, as well as the features, functionalities, services, products, and/or benefits offered on the Platform, are managed by BHUB, which may grant such powers and rights to third parties/partners, under the law and the agreements signed between BHUB and the respective third parties/partners.

BHUB reserves the right to include, delete, or change the contents, features, and functionalities of the Entrepreneur Hub, as well as to temporarily suspend it at any time, regardless of prior notice. Likewise, you may modify these Hub Terms, the latest version of which shall always be available on our tools for consultation.

INITIAL REGISTRATION, ACCESS AND USE OF THE ENTREPRENEUR HUB

Access to and use of our websites/applications/platforms, including the Entrepreneur Hub, is restricted to persons over the age of 18. Anyone who does not fit this classification shall be automatically banned from our platform.

By accessing, using or otherwise interacting with our websites/applications/platforms, including the Entrepreneur Hub, the user declares to comply with the above conditions. If you are accessing, using or otherwise interacting with our environments on behalf of any organization, you hereby declare that you have all the legal powers to bind said organization to these Hub Terms, to the Privacy Policy, as well as to the other terms, policies, and regulations of BHUB.

3.1. Registration

Registration on our websites/applications/platforms is always optional. However, in order to take advantage of all the features, functionalities, services, products, and/or other benefits offered by BHUB, including those of the Entrepreneur Hub, it is essential to register.

To register on the Entrepreneur Hub, BHUB collects personal data (name/surname, e-mail, telephone/WhatsApp), as well as business data (company name, CNPJ, and bank).

In order to access the Entrepreneur Hub, the user must also create a login and password, as well as carry out the procedures referred to in item 3.2 hereof.

The information provided at the time of registration must be true, complete, and kept up to date. Under no circumstances shall BHUB be liable for any result and/or damage arising from the falsity of the information provided and/or its failure to be updated. BHUB may, at any time, at its sole and exclusive discretion, request the updating and/or provision of data to complete the registration.

Users are liable for the secrecy and confidentiality of all data they provide to BHUB, as well as for the actions and/or omissions carried out in our environments, including regarding the use of login and password. So don’t share them with third parties. Sharing them with third parties is an express breach of these Hub Terms and other BHUB policies, terms, and regulations, and may compromise the security of both the data and our environments. If the user identifies or suspects that a third party has gained access to their login/password, they must immediately change it in our systems or request assistance to do so through the channels indicated in these Hub Terms.

If BHUB finds, through testing, that the user’s credentials (login/password) have been compromised (made accessible by third parties), for security reasons and in order to prevent inappropriate access to the user’s account and data, BHUB may preventively suspend said credentials. BHUB may also, at its sole and exclusive discretion, prevent the creation of new registrations or cancel those already made if it detects any adversity capable of compromising its environments and/or other users.

3.2. Use of our websites/applications/platforms

It is hereby declared and acknowledged that any and all actions or omissions during the use of our websites/applications/platforms, including the Entrepreneur Hub shall be the user’s sole and full liability, and BHUB, its affiliates, and/or subsidiaries shall be held harmless from any claims and/or liabilities arising therefrom, as well as indemnified for any losses, damages and/or expenses incurred, including, but not limited to, attorneys’ fees and court costs, which they may suffer as a result of such actions or omissions.

Users are solely and exclusively liable for the means they use to access BHUB’s sites/applications/platforms, including but not limited to devices, internet providers, and/or browsers, and therefore exclusively assume the risk of any possible breach of privacy and/or security arising from such means.

3.2.1. Connecting the user’s bank account(s) to the Entrepreneur Hub

In order to take advantage of the features and functionalities made available by the Entrepreneur Hub, users must authorize BHUB to connect to the bank accounts indicated by them and thus access/process the financial data associated with it, in accordance with these Hub Terms and other BHUB policies, terms and regulations, subject to the applicable legislation in force.

Users declare full and complete knowledge that, to connect the aforementioned bank account(s) to the Entrepreneur Hub, BHUB shall rely on the assistance of the partner Belvo., whose policies and terms of use can be accessed via the following link: Policies and Terms of Use

In order to connect the bank accounts indicated by the user to the Entrepreneur Hub, the user must:

expressly authorize BHUB to connect to said accounts, access the financial data associated with it and carry out

any periodic synchronizations;

expressly authorize Belvo. to carry out the integration between the bank accounts and the Entrepreneur Hub, via API, providing BHUB with access to the financial data associated with said accounts;

fill in certain fields for integrating said bank accounts and the Entrepreneur Hub, providing bank details such as: bank, branch, account, login, and/or password.

Users also declare that they are fully aware that they may revoke, at any time, the authorization referred to in the above items, and it is certain that, upon revocation, the Entrepreneur Hub, as well as its features, functionalities, services, products, and/or other benefits shall be unavailable to the user. In order to access and use the Entrepreneur Hub again, the user must authorize a new connection to their bank account, under the terms set out herein.

3.2.2. User’s declarations

Users declare and attest that they are fully and completely aware that:

Access to the features, functionalities, services, products, and/or other benefits of the Entrepreneur Hub necessarily depends on the processes provided for in these Hub Terms, in particular, the processes referred to in item 3, according to this instrument, as well as the other terms, policies, and regulations of BHUB;

They shall keep their IDs, passwords, and/or other access codes relating to the API confidential and protected from all unauthorized persons, in accordance with good information security and privacy practices, and in accordance with the provisions set forth in these Hub Terms and BHUB’s other terms, policies and regulations;

BHUB does not carry out any transactions on the bank accounts integrated into the Entrepreneur Hub, nor does it interfere in any way with its assets or liabilities, access to which is restricted to the reading and processing of data, in accordance with this instrument and BHUB’s other terms, policies, and regulations;

Due to the nature and purposes for which the Entrepreneur Hub is intended, BHUB may access, collect, process, store, update, share, dispose of, in short, process personal data (“Processing”), under the LGPD, in particular art. 5, item X, in accordance with these Hub Terms, as well as the other terms, policies and regulations of BHUB, in particular the Privacy Policy, subject to the applicable legislation and legal bases in force. The Processing extends to all the Group’s companies, which may even be located and/or headquartered outside Brazil, in which case the legislation in force in the countries in which these companies are located and/or headquartered shall also be complied with;

The financial data obtained by BHUB depends on the services provided by the financial institutions to which the bank accounts indicated by the user are linked. Therefore, despite the efforts to maintain the timeliness and accuracy of the information available on the Entrepreneur Hub, BHUB does not guarantee that the data obtained from these institutions is free of flaws or inaccuracies. Under no circumstances shall BHUB be liable for any such faults or inaccuracies;

They are the sole and exclusive liable for checking any and all information made available on the Entrepreneur Hub, starting with the financial data referred to in item 5 above, before basing any decision on it. Under no circumstances shall BHUB be responsible for checking this information;

They are the sole and exclusive liable for making decisions based on the information available on the Entrepreneur Hub and for the results arising therefrom. Under no circumstances shall BHUB be liable for such decisions and/or the results thereof.

Under no circumstances shall BHUB be liable for any loss or damage caused by hackers and/or programs/codes harmful to the Platform, such as, but not limited to, viruses, worms, denial attacks;

Under no circumstances shall BHUB be liable for products and/or services offered by the financial institutions to which the accounts connected to the Platform, indicated by the user, are linked.

They must comply with this instrument, as well as the other terms, policies, and regulations of BHUB, as well as the applicable legislation in force.

3.2.3 Access Management

BHUB will grant each client’s legal representative one (1) primary access to the Entrepreneur Hub (“Primary User”). The Primary User will have the authority to add, edit, or remove users within the Hub and assign the Primary User profile to another user, thereby transferring the same rights and responsibilities. In this capacity, the Primary User will manage access rights for all other users, ensuring that these rights are limited exclusively to the information and functionalities essential for the proper and efficient performance of their roles. It is imperative that the Primary User exercises due care when configuring access profiles.

BHUB disclaims any liability for direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, business interruption, loss of information or data, or any other harm resulting from:

a) Improper or unauthorized access to the Entrepreneur Hub system, arising from errors, negligence, or lack of diligence by the Primary User in managing access for other users;

b) Inadequate granting of access permissions by the Primary User that results in the exposure of personal data or sensitive information, when not undertaken by BHUB;

c) Data breaches caused by malicious acts, such as cyberattacks, social engineering, or any other form of unauthorized access to the devices of the Primary User or users with access granted by them;

d) Coercion or undue influence on the Primary User leading to unauthorized access grants to third parties, whether by physical, psychological, or manipulative means;

e) Misconfigurations in access profiles managed by the Primary User that enable inappropriate viewing or handling of information;

f) Failures in safeguarding the personal data of users added by the Primary User, arising from poor access management or lack of consent from data subjects;

g) Any breach of legal or regulatory obligations, including but not limited to data protection laws, resulting from inadequate management of access and handling of personal data by the Primary User.

Should any of the above events occur, or in the case of any other incident, BHUB must be notified immediately to take appropriate measures, in accordance with its internal processes and deadlines. BHUB is committed to providing necessary support to the extent of its capabilities and applicable timeframes.

Each Primary User who adds other users to the Entrepreneur Hub acts as the data controller for the personal data accessible by these new users. The Primary User is responsible for ensuring the accuracy of the information provided and for guaranteeing that the entry of personal data and granting of access are performed with the data subjects’ explicit consent.

The user is responsible for ensuring that personal data processing strictly complies with applicable data protection laws. Non-compliance with legal obligations related to privacy and data protection may result in civil and/or criminal liability, and the user will be held accountable for any violations resulting from improper access and processing of data.

WHICH INFORMATION/DATA DO WE COLLECT IN THE ENTREPRENEUR HUB?

BHUB respects the rights to personality and privacy and hereby undertakes to use the data/information made available on the Entrepreneur Hub as described in these Hub Terms, as well as in the General Terms, the Privacy Policy, the Cookies Policy, other regulations of this company and in compliance with current applicable legislation, in particular the LGPD, in the case of personal data.

Considering the nature and purpose of the Entrepreneur Hub, the following personal and business data shall be collected:

Identification/registration information (“Identification/Registration Information”): name/surname, e-mail address, telephone number, access data, as well as company name, and CNPJ.

The company’s banking/financial information (“Banking/Financial Information”): bank, branch, account, overdraft, balances, transactions, investments, loans, credit.

Browsing/device information on our websites/applications (“Browsing/Device Information”): IP address, geographical location, reference source, type of browser, duration/frequency of visits, and pages visited by the user. This information is usually obtained through cookies installed in your browser. For more information, please visit our Cookies Policy.

Identification/Registration Information, Banking/Financial Information, Browsing/Device Information and/or other data collected and used by BHUB may be kept and stored in the following cases: (i) for as long as the user’s registration, account, and/or use of the Entrepreneur Hub’s features, functionalities, services, products, and/or other benefits remain active; and (ii) for as long as necessary: (ii.i) for the resolution of any dispute or litigation, (ii.ii) by judicial determination and/or by an entity with jurisdiction over the activities of BHUB; (ii.iii) to comply with a specific legal provision, under the legislation in force; and (ii.v) for as long as they are necessary to maintain the legitimate interests of BHUB, under the law.

PURPOSE AND USE OF DATA/INFORMATION

The data/information referred to in item 4 of these Hub Terms may be processed by BHUB for the following purposes, subject to the applicable legislation and legal bases in force:

(i) To provide/use the features, functionalities, services, products, and/or other benefits of the Entrepreneur Hub, as well as to launch new products and/or services;

(ii) Sending information requested on our websites/applications/platforms, in particular through the Entrepreneur Hub;

(ii) Sending news, products and services offers, announcements, and/or other information, always related to topics of interest to the registered users;

(iv) Carrying out surveys/statistics, disclosing events, and other matters that may be of interest to the registered user;

(v) Advertising according to the interests and preferences of the registered users, as well as for the customization of the services, products, and/or other benefits, in order to adapt them to such interests and preferences;

(vi) Customer support, service and/or related services.

Once again, we would like to point out that, despite the provisions of the previous sections, you can unsubscribe from receiving advertising messages at any time. For more information on canceling your registration and/or changing/deleting your personal data, please visit our Privacy Policy.

We also point out that BHUB may share personal data processed with companies located in other countries, such as Google, Microsoft, and/or Amazon, mainly for cloud storage, as stated in its Privacy Policy.

BHUB hereby informs that, in the event of an international data transfer, this shall take place according to the security measures necessary to ensure confidentiality, integrity, and availability of the personal data transferred, in compliance with the applicable legislation in force, in particular the LGPD.

INTELLECTUAL PROPERTY RIGHT

Any and all techniques, ideas, concepts, methods, processes, software, utilities, data, documents, directories, designs, user interfaces, know-how, graphics, images, photographs, logos, slogans, sounds, trademarks, texts, statements, drawings, including domain names, user interfaces and color combinations used, incorporated and contained in our websites/applications/platforms, including the Entrepreneur Hub, constitute the sole and exclusive intellectual property of BHUB or are duly authorized and licensed by third parties/partners. The use, reproduction, distribution, or display, in whole or in part, of any intellectual property of BHUB by the user or by any third party is not permitted or authorized without their prior, express and written consent.

Any content, features, functionalities, and tools made available on our websites/applications/platforms are the property of BHUB and/or, where applicable, of third parties/partners, under the terms of any agreements signed between BHUB and the respective third-party/partners, being understood that: (i) under no circumstances may such ownership be claimed by the user of our sites/applications; and (ii) if said content, features, functionalities, and tools are the property of third parties/partners, BHUB shall obtain the necessary rights, authorizations and licenses.

The user hereby undertakes not to carry out any of the activities listed below and, in the event of a breach, must fully indemnify BHUB, its affiliates, and/or subsidiaries for any and all damage caused, regardless of its nature, without prejudice to the applicable legal sanctions:

to copy, store, modify, prepare works, distribute, license, sell, transfer, publicly display, publicly perform, transmit, or exploit any software that is part of our websites/applications/platforms, including the Entrepreneur Hub, as well as any content owned by us, except to the extent expressly permitted by BHUB, due to the use of the features, functionalities, services, products, and/or other benefits made available by BHUB;

attempt to expose the source code or attempt to recreate any software that is part of our websites/applications/platforms;

use software, devices, scripts, manual or automated robots, or any other means or process to access or track any web pages or other services contained on our websites/applications/platforms, including the Entrepreneur Hub;

violate the rights of any person or entity, including, without limitation, their intellectual property, privacy, publicity, and/or contractual rights;

attempt to probe, scan, or test the vulnerability of any BHUB system or network or breach any security or authentication measures;

avoid, ignore, remove, disable, impair, decrypt, or circumvent any technological measure implemented by BHUB, any of its suppliers, or any other third party to protect its websites/applications/platforms;

forge any TCP/IP packet elements or any parts of such elements in any e-mail posting or newsgroup, or in any way use our websites/applications/platforms, including the Entrepreneur Hub, and/or the features, functionalities, services, products, and/or other benefits made available by BHUB to submit altered, misleading or false source identifying information;

attempt to decipher, decompile, disassemble, or reverse engineer any software used by BHUB for the supply of its products and/or the provision of its services;

advocate, encourage, or assist any third party to do any of the above;

use BHUB’s websites/applications/platforms for any activities not provided for herein and in BHUB’s other terms, policies, and regulations.

If there is evidence of any of the above activities, BHUB may, at its sole and exclusive discretion, suspend or close the account of the subversive user, being understood that any suspension or termination of the user’s account, under the terms indicated above, shall not exempt the user from any of their obligations.

DATA SECURITY POLICY, INFORMATION AND COMMUNICATIONS

BHUB always seeks to use adequate and appropriate processes, techniques, mechanisms, and prevention procedures, in accordance with current technology, to ensure proper protection against any security incidents, occurrences, or suspicions of unauthorized access, use, changes, appropriation, and/or destruction by third parties, which may compromise or threaten the integrity, confidentiality, authenticity, and/or availability of the information/data collected by us.

We make every effort, in accordance with current technology, to protect the personal data of users of our websites/applications/platforms against loss, unauthorized use, and/or other types of abuse. For this reason, not only do we store the data/information we collect in a secure operating environment, inaccessible to the general public, but we may also make anonymous or encrypt them for reasons of relevance, provided that this does not make it impossible for BHUB to use them in the supply of its Products and/or in the provision of its Services.

BHUB, at its sole and exclusive discretion, may ban from its environments users who attempt to damage or tamper with its websites/applications/platforms and/or its security mechanisms, whether through the use of viruses, cancellation bots, Trojan horses, harmful code, denial of service attacks, packet or IP falsification, forged routing or the use of any other method/technology capable of causing damage and/or tampering with BHUB’s environments. Any attempt to do so constitutes a violation of civil and criminal law, and the user must fully indemnify BHUB for any and all damage caused, regardless of its nature, without prejudice to other applicable legal sanctions.

Information on security mechanisms adopted by our partners can be found in their respective policies, terms, and/or regulations, and it is the sole responsibility of each party to adopt measures in accordance with current legislation, in particular the LGPD, for the protection of privacy and any data relating to identified or identifiable natural persons.

CANCELING REGISTRATION OR CHANGING/DELETING DATA/INFORMATION

The information and personal data that we process may be reviewed, changed, and/or updated at any time by the registered user, who may even delete certain data and information, subject to the provisions of these Hub Terms, the Policy, as well as BHUB’s other policies, regulations and contractual relationships, in compliance with the applicable legislation in force, in particular the LGPD.

Personal data shall be securely deleted/made anonymous if: (i) it is not being actively used; (ii) we have no legal obligation to retain it (e.g. for tax purposes); (iii) BHUB is not permitted to keep it for legal and/or compliance reasons; and/or (iv) it is not supported by BHUB’s legitimate interest.

Inaccurate or outdated personal data shall be destroyed or deleted as soon as possible unless it is required to be kept due to a legal obligation to retain it for a certain period and/or the regular exercise of rights.

CONTACT FOR CLARIFICATIONS, QUESTIONS AND EXERCISE OF RIGHTS

Still have questions? Relax! BHUB allows you to ask questions at any time through the channel privacidade@bhub.ai.

If BHUB acts as Controller of the processing of personal data, pursuant to the Policy, it shall also be available for the holder of said data to exercise directly, through its channel, the rights provided for in the LGPD, in particular in its art. 18. If this is not the case and BHUB acts as an Operator pursuant to the Policy, please directly contact the Controller of your personal data processing to exercise these rights.

VERSIONS OF THESE TERMS

These Hub Terms may be revised and updated from time to time by BHUB. Any and all revisions and updates shall only be valid and enter into force at the time of their publication on our websites/applications. Don’t worry! You shall be informed of relevant revisions/updates.

GENERAL PROVISIONS, APPLICABLE LAW AND JURISDICTION

In the event of any discrepancy between this instrument and the General Terms, the provisions of this instrument shall prevail.

This document is governed by the laws of the Federative Republic of Brazil.

The Judicial District of State of São Paulo, of the State of São Paulo, is hereby elected as competent to settle any questions arising from this document, with express waiver of any other, however privileged.

These Hub Terms were last modified on October 23, 2024.

Terms and Conditions of Use Entrepreneur Hub

Hi! BHUB SERVIÇOS E TECNOLOGIA LTDA. (“TECNOLOGIA”), headquartered at Rua Cardeal Arcoverde, nº 2365, 3º andar, Pinheiros, CEP (Zip Code) 05407-003, registered with CNPJ (Corporate Taxpayer Registration) under No. 42.330.545/0001-06, as well as the other companies of BHub group (“BHUB” or “Group”) would like to welcome you!

Thank you for visiting our pages! Before starting your journey on the Entrepreneur Hub platform (“Platform” or “Entrepreneur Hub”), please read these Entrepreneur Hub Terms and Conditions of Use (“Hub Terms”) carefully, as well as the other terms and policies of BHUB, in particular the Privacy and Personal Data Protection Policy (“Privacy Policy”), the General Terms and Conditions (“General Terms”), the Cookie Policy (“Cookies Policy”), and the other regulations governing BHUB’s activities.

The main purpose of the Hub Terms is to regulate the conditions of access to and use of the Entrepreneur Hub, clarifying the features, functionalities, services, products, and/or benefits offered on the Platform, such as, for example, the provision of financial indexes capable of enabling you to better manage your business.

We thank you for your visit and wish you an unforgettable journey in our virtual environments!

IMPORTANT!

BHUB hereby clarifies that, by accessing and/or using any features, functionalities, services, products, and/or benefits of the Entrepreneur Hub, the user is hereby formally bound by these Hub Terms, the Privacy Policy, the General Terms, the Cookies Policy and the other regulations governing the activities of BHUB, in particular the provision of its services and the supply of its products (“Acceptance”).

What does that mean?

Acceptance means that users declare and attest to their full and complete awareness of how their interaction with BHUB shall take place, including concerning the processing of personal data, when using the features, functionalities services, products, and/or other benefits offered on the Entrepreneur Hub.

ATTENTION!

If you do not agree with these Hub Terms and/or the other terms, policies, and regulations of BHUB, please immediately stop using the website, application, and/or Platform, not registering in said environments, not consuming any feature, functionality, service, product or other benefits offered and/or otherwise providing any information to BHUB.

Please be aware that if you do not agree to these Hub Terms, our Privacy Policy, General Terms, Cookies Policy, and/or the other regulations governing the activities of this company, the features, functionalities, services, products, and/or other benefits of the Entrepreneur Hub may not be provided to you.

Although our joint journey cannot continue if the documents above are rejected, your opinion is extremely important to us! Therefore, we kindly ask you to let us know why you disagree so that we can continuously improve our activities.

We at BHUB hereby inform you that we make every reasonable effort, according to current technology, to ensure the security of our websites/applications/platforms, including the Entrepreneur Hub, in the interests of privacy and the protection of the data and information we process, in particular personal data.

Information on access, security, browsing, data processing, and cookies of third parties/partners may be found in their respective policies, terms, and/or regulations, and it is the sole liability of each party to adopt measures according to current legislation, in particular Law No. 13.709/2018 (“General Data Protection Law” or “LGPD”), for the protection of privacy and any data relating to identified or identifiable individuals. Under no circumstances is BHUB liable for the policies, terms, and/or regulations of third-party/partner websites/applications/platforms, nor for the processing of data carried out by them.

We also clarify that these Hub Terms are mainly based on the BHUB’s Privacy Policy <https://bhub.com/politica-de-privacidade/> and General Terms <https://bhub.com/termos-e-condicoes-de-uso/>.

WHAT FEATURES/FUNCTIONALITIES DO WE OFFER IN OUR ENTREPRENEUR HUB?

Through the Entrepreneur Hub, users have free access to financial indicators which, based on data automatically extracted from their bank account(s), allow them to gain greater visibility of their business, as well as greater financial control and more transparent and efficient business management.

By integrating the user’s company bank account(s) with the Entrepreneur Hub, BHub can provide them with financial indexes that automatically indicate, in a graphical, categorized, analytical and up-to-date way, among other information, history, inflows, outflows, and cashburn, enabling a quick analysis on the main transactions and the financial health of your business in real-time.

Without prejudice to the other provisions of these Hub Terms, our Entrepreneur Hub is also intended to allow the user to access information and content related to BHUB, including from third parties/partners, such as: services, products, news, and various announcements related mainly to the back office.

That said, users of Entrepreneur Hub declare full and complete knowledge that they may, subject to the applicable legislation in force, in particular the LGPD, and other provisions contained in the policies and regulations of the BHUB and/or the competent authorities:

(i) receive, via e-mail and/or telephone/WhatsApp, information that has been requested on our websites/applications/platforms, as well as news, offers, and announcements of BHUB products and services, and other related information;

(ii) receive calls and/or direct messages from BHUB employees to answer questions, carry out surveys, and/or provide information on products, services, events, and other related matters;

(iii) receive, via e-mail and/or telephone/WhatsApp, advertising, according to interests and preferences, including in a customized manner;

(iv) have contact with links from third parties/partners while browsing our sites/applications/platforms, related to topics of interest.

Notwithstanding the above, it is possible to unsubscribe from receiving advertising messages at any time. For more information on this, please visit our Privacy Policy.

WHO RUNS THE ENTREPRENEUR HUB?

The Entrepreneur Hub, as well as the features, functionalities, services, products, and/or benefits offered on the Platform, are managed by BHUB, which may grant such powers and rights to third parties/partners, under the law and the agreements signed between BHUB and the respective third parties/partners.

BHUB reserves the right to include, delete, or change the contents, features, and functionalities of the Entrepreneur Hub, as well as to temporarily suspend it at any time, regardless of prior notice. Likewise, you may modify these Hub Terms, the latest version of which shall always be available on our tools for consultation.

INITIAL REGISTRATION, ACCESS AND USE OF THE ENTREPRENEUR HUB

Access to and use of our websites/applications/platforms, including the Entrepreneur Hub, is restricted to persons over the age of 18. Anyone who does not fit this classification shall be automatically banned from our platform.

By accessing, using or otherwise interacting with our websites/applications/platforms, including the Entrepreneur Hub, the user declares to comply with the above conditions. If you are accessing, using or otherwise interacting with our environments on behalf of any organization, you hereby declare that you have all the legal powers to bind said organization to these Hub Terms, to the Privacy Policy, as well as to the other terms, policies, and regulations of BHUB.

3.1. Registration

Registration on our websites/applications/platforms is always optional. However, in order to take advantage of all the features, functionalities, services, products, and/or other benefits offered by BHUB, including those of the Entrepreneur Hub, it is essential to register.

To register on the Entrepreneur Hub, BHUB collects personal data (name/surname, e-mail, telephone/WhatsApp), as well as business data (company name, CNPJ, and bank).

In order to access the Entrepreneur Hub, the user must also create a login and password, as well as carry out the procedures referred to in item 3.2 hereof.

The information provided at the time of registration must be true, complete, and kept up to date. Under no circumstances shall BHUB be liable for any result and/or damage arising from the falsity of the information provided and/or its failure to be updated. BHUB may, at any time, at its sole and exclusive discretion, request the updating and/or provision of data to complete the registration.

Users are liable for the secrecy and confidentiality of all data they provide to BHUB, as well as for the actions and/or omissions carried out in our environments, including regarding the use of login and password. So don’t share them with third parties. Sharing them with third parties is an express breach of these Hub Terms and other BHUB policies, terms, and regulations, and may compromise the security of both the data and our environments. If the user identifies or suspects that a third party has gained access to their login/password, they must immediately change it in our systems or request assistance to do so through the channels indicated in these Hub Terms.

If BHUB finds, through testing, that the user’s credentials (login/password) have been compromised (made accessible by third parties), for security reasons and in order to prevent inappropriate access to the user’s account and data, BHUB may preventively suspend said credentials. BHUB may also, at its sole and exclusive discretion, prevent the creation of new registrations or cancel those already made if it detects any adversity capable of compromising its environments and/or other users.

3.2. Use of our websites/applications/platforms

It is hereby declared and acknowledged that any and all actions or omissions during the use of our websites/applications/platforms, including the Entrepreneur Hub shall be the user’s sole and full liability, and BHUB, its affiliates, and/or subsidiaries shall be held harmless from any claims and/or liabilities arising therefrom, as well as indemnified for any losses, damages and/or expenses incurred, including, but not limited to, attorneys’ fees and court costs, which they may suffer as a result of such actions or omissions.

Users are solely and exclusively liable for the means they use to access BHUB’s sites/applications/platforms, including but not limited to devices, internet providers, and/or browsers, and therefore exclusively assume the risk of any possible breach of privacy and/or security arising from such means.

3.2.1. Connecting the user’s bank account(s) to the Entrepreneur Hub

In order to take advantage of the features and functionalities made available by the Entrepreneur Hub, users must authorize BHUB to connect to the bank accounts indicated by them and thus access/process the financial data associated with it, in accordance with these Hub Terms and other BHUB policies, terms and regulations, subject to the applicable legislation in force.

Users declare full and complete knowledge that, to connect the aforementioned bank account(s) to the Entrepreneur Hub, BHUB shall rely on the assistance of the partner Belvo., whose policies and terms of use can be accessed via the following link: Policies and Terms of Use

In order to connect the bank accounts indicated by the user to the Entrepreneur Hub, the user must:

expressly authorize BHUB to connect to said accounts, access the financial data associated with it and carry out

any periodic synchronizations;

expressly authorize Belvo. to carry out the integration between the bank accounts and the Entrepreneur Hub, via API, providing BHUB with access to the financial data associated with said accounts;

fill in certain fields for integrating said bank accounts and the Entrepreneur Hub, providing bank details such as: bank, branch, account, login, and/or password.

Users also declare that they are fully aware that they may revoke, at any time, the authorization referred to in the above items, and it is certain that, upon revocation, the Entrepreneur Hub, as well as its features, functionalities, services, products, and/or other benefits shall be unavailable to the user. In order to access and use the Entrepreneur Hub again, the user must authorize a new connection to their bank account, under the terms set out herein.

3.2.2. User’s declarations

Users declare and attest that they are fully and completely aware that:

Access to the features, functionalities, services, products, and/or other benefits of the Entrepreneur Hub necessarily depends on the processes provided for in these Hub Terms, in particular, the processes referred to in item 3, according to this instrument, as well as the other terms, policies, and regulations of BHUB;

They shall keep their IDs, passwords, and/or other access codes relating to the API confidential and protected from all unauthorized persons, in accordance with good information security and privacy practices, and in accordance with the provisions set forth in these Hub Terms and BHUB’s other terms, policies and regulations;

BHUB does not carry out any transactions on the bank accounts integrated into the Entrepreneur Hub, nor does it interfere in any way with its assets or liabilities, access to which is restricted to the reading and processing of data, in accordance with this instrument and BHUB’s other terms, policies, and regulations;

Due to the nature and purposes for which the Entrepreneur Hub is intended, BHUB may access, collect, process, store, update, share, dispose of, in short, process personal data (“Processing”), under the LGPD, in particular art. 5, item X, in accordance with these Hub Terms, as well as the other terms, policies and regulations of BHUB, in particular the Privacy Policy, subject to the applicable legislation and legal bases in force. The Processing extends to all the Group’s companies, which may even be located and/or headquartered outside Brazil, in which case the legislation in force in the countries in which these companies are located and/or headquartered shall also be complied with;

The financial data obtained by BHUB depends on the services provided by the financial institutions to which the bank accounts indicated by the user are linked. Therefore, despite the efforts to maintain the timeliness and accuracy of the information available on the Entrepreneur Hub, BHUB does not guarantee that the data obtained from these institutions is free of flaws or inaccuracies. Under no circumstances shall BHUB be liable for any such faults or inaccuracies;

They are the sole and exclusive liable for checking any and all information made available on the Entrepreneur Hub, starting with the financial data referred to in item 5 above, before basing any decision on it. Under no circumstances shall BHUB be responsible for checking this information;

They are the sole and exclusive liable for making decisions based on the information available on the Entrepreneur Hub and for the results arising therefrom. Under no circumstances shall BHUB be liable for such decisions and/or the results thereof.

Under no circumstances shall BHUB be liable for any loss or damage caused by hackers and/or programs/codes harmful to the Platform, such as, but not limited to, viruses, worms, denial attacks;

Under no circumstances shall BHUB be liable for products and/or services offered by the financial institutions to which the accounts connected to the Platform, indicated by the user, are linked.

They must comply with this instrument, as well as the other terms, policies, and regulations of BHUB, as well as the applicable legislation in force.

3.2.3 Access Management

BHUB will grant each client’s legal representative one (1) primary access to the Entrepreneur Hub (“Primary User”). The Primary User will have the authority to add, edit, or remove users within the Hub and assign the Primary User profile to another user, thereby transferring the same rights and responsibilities. In this capacity, the Primary User will manage access rights for all other users, ensuring that these rights are limited exclusively to the information and functionalities essential for the proper and efficient performance of their roles. It is imperative that the Primary User exercises due care when configuring access profiles.

BHUB disclaims any liability for direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, business interruption, loss of information or data, or any other harm resulting from:

a) Improper or unauthorized access to the Entrepreneur Hub system, arising from errors, negligence, or lack of diligence by the Primary User in managing access for other users;

b) Inadequate granting of access permissions by the Primary User that results in the exposure of personal data or sensitive information, when not undertaken by BHUB;

c) Data breaches caused by malicious acts, such as cyberattacks, social engineering, or any other form of unauthorized access to the devices of the Primary User or users with access granted by them;

d) Coercion or undue influence on the Primary User leading to unauthorized access grants to third parties, whether by physical, psychological, or manipulative means;

e) Misconfigurations in access profiles managed by the Primary User that enable inappropriate viewing or handling of information;

f) Failures in safeguarding the personal data of users added by the Primary User, arising from poor access management or lack of consent from data subjects;

g) Any breach of legal or regulatory obligations, including but not limited to data protection laws, resulting from inadequate management of access and handling of personal data by the Primary User.

Should any of the above events occur, or in the case of any other incident, BHUB must be notified immediately to take appropriate measures, in accordance with its internal processes and deadlines. BHUB is committed to providing necessary support to the extent of its capabilities and applicable timeframes.

Each Primary User who adds other users to the Entrepreneur Hub acts as the data controller for the personal data accessible by these new users. The Primary User is responsible for ensuring the accuracy of the information provided and for guaranteeing that the entry of personal data and granting of access are performed with the data subjects’ explicit consent.

The user is responsible for ensuring that personal data processing strictly complies with applicable data protection laws. Non-compliance with legal obligations related to privacy and data protection may result in civil and/or criminal liability, and the user will be held accountable for any violations resulting from improper access and processing of data.

WHICH INFORMATION/DATA DO WE COLLECT IN THE ENTREPRENEUR HUB?

BHUB respects the rights to personality and privacy and hereby undertakes to use the data/information made available on the Entrepreneur Hub as described in these Hub Terms, as well as in the General Terms, the Privacy Policy, the Cookies Policy, other regulations of this company and in compliance with current applicable legislation, in particular the LGPD, in the case of personal data.

Considering the nature and purpose of the Entrepreneur Hub, the following personal and business data shall be collected:

Identification/registration information (“Identification/Registration Information”): name/surname, e-mail address, telephone number, access data, as well as company name, and CNPJ.

The company’s banking/financial information (“Banking/Financial Information”): bank, branch, account, overdraft, balances, transactions, investments, loans, credit.

Browsing/device information on our websites/applications (“Browsing/Device Information”): IP address, geographical location, reference source, type of browser, duration/frequency of visits, and pages visited by the user. This information is usually obtained through cookies installed in your browser. For more information, please visit our Cookies Policy.

Identification/Registration Information, Banking/Financial Information, Browsing/Device Information and/or other data collected and used by BHUB may be kept and stored in the following cases: (i) for as long as the user’s registration, account, and/or use of the Entrepreneur Hub’s features, functionalities, services, products, and/or other benefits remain active; and (ii) for as long as necessary: (ii.i) for the resolution of any dispute or litigation, (ii.ii) by judicial determination and/or by an entity with jurisdiction over the activities of BHUB; (ii.iii) to comply with a specific legal provision, under the legislation in force; and (ii.v) for as long as they are necessary to maintain the legitimate interests of BHUB, under the law.

PURPOSE AND USE OF DATA/INFORMATION

The data/information referred to in item 4 of these Hub Terms may be processed by BHUB for the following purposes, subject to the applicable legislation and legal bases in force:

(i) To provide/use the features, functionalities, services, products, and/or other benefits of the Entrepreneur Hub, as well as to launch new products and/or services;

(ii) Sending information requested on our websites/applications/platforms, in particular through the Entrepreneur Hub;

(ii) Sending news, products and services offers, announcements, and/or other information, always related to topics of interest to the registered users;

(iv) Carrying out surveys/statistics, disclosing events, and other matters that may be of interest to the registered user;

(v) Advertising according to the interests and preferences of the registered users, as well as for the customization of the services, products, and/or other benefits, in order to adapt them to such interests and preferences;

(vi) Customer support, service and/or related services.

Once again, we would like to point out that, despite the provisions of the previous sections, you can unsubscribe from receiving advertising messages at any time. For more information on canceling your registration and/or changing/deleting your personal data, please visit our Privacy Policy.

We also point out that BHUB may share personal data processed with companies located in other countries, such as Google, Microsoft, and/or Amazon, mainly for cloud storage, as stated in its Privacy Policy.

BHUB hereby informs that, in the event of an international data transfer, this shall take place according to the security measures necessary to ensure confidentiality, integrity, and availability of the personal data transferred, in compliance with the applicable legislation in force, in particular the LGPD.

INTELLECTUAL PROPERTY RIGHT

Any and all techniques, ideas, concepts, methods, processes, software, utilities, data, documents, directories, designs, user interfaces, know-how, graphics, images, photographs, logos, slogans, sounds, trademarks, texts, statements, drawings, including domain names, user interfaces and color combinations used, incorporated and contained in our websites/applications/platforms, including the Entrepreneur Hub, constitute the sole and exclusive intellectual property of BHUB or are duly authorized and licensed by third parties/partners. The use, reproduction, distribution, or display, in whole or in part, of any intellectual property of BHUB by the user or by any third party is not permitted or authorized without their prior, express and written consent.

Any content, features, functionalities, and tools made available on our websites/applications/platforms are the property of BHUB and/or, where applicable, of third parties/partners, under the terms of any agreements signed between BHUB and the respective third-party/partners, being understood that: (i) under no circumstances may such ownership be claimed by the user of our sites/applications; and (ii) if said content, features, functionalities, and tools are the property of third parties/partners, BHUB shall obtain the necessary rights, authorizations and licenses.

The user hereby undertakes not to carry out any of the activities listed below and, in the event of a breach, must fully indemnify BHUB, its affiliates, and/or subsidiaries for any and all damage caused, regardless of its nature, without prejudice to the applicable legal sanctions:

to copy, store, modify, prepare works, distribute, license, sell, transfer, publicly display, publicly perform, transmit, or exploit any software that is part of our websites/applications/platforms, including the Entrepreneur Hub, as well as any content owned by us, except to the extent expressly permitted by BHUB, due to the use of the features, functionalities, services, products, and/or other benefits made available by BHUB;

attempt to expose the source code or attempt to recreate any software that is part of our websites/applications/platforms;

use software, devices, scripts, manual or automated robots, or any other means or process to access or track any web pages or other services contained on our websites/applications/platforms, including the Entrepreneur Hub;

violate the rights of any person or entity, including, without limitation, their intellectual property, privacy, publicity, and/or contractual rights;

attempt to probe, scan, or test the vulnerability of any BHUB system or network or breach any security or authentication measures;

avoid, ignore, remove, disable, impair, decrypt, or circumvent any technological measure implemented by BHUB, any of its suppliers, or any other third party to protect its websites/applications/platforms;

forge any TCP/IP packet elements or any parts of such elements in any e-mail posting or newsgroup, or in any way use our websites/applications/platforms, including the Entrepreneur Hub, and/or the features, functionalities, services, products, and/or other benefits made available by BHUB to submit altered, misleading or false source identifying information;

attempt to decipher, decompile, disassemble, or reverse engineer any software used by BHUB for the supply of its products and/or the provision of its services;

advocate, encourage, or assist any third party to do any of the above;

use BHUB’s websites/applications/platforms for any activities not provided for herein and in BHUB’s other terms, policies, and regulations.

If there is evidence of any of the above activities, BHUB may, at its sole and exclusive discretion, suspend or close the account of the subversive user, being understood that any suspension or termination of the user’s account, under the terms indicated above, shall not exempt the user from any of their obligations.

DATA SECURITY POLICY, INFORMATION AND COMMUNICATIONS

BHUB always seeks to use adequate and appropriate processes, techniques, mechanisms, and prevention procedures, in accordance with current technology, to ensure proper protection against any security incidents, occurrences, or suspicions of unauthorized access, use, changes, appropriation, and/or destruction by third parties, which may compromise or threaten the integrity, confidentiality, authenticity, and/or availability of the information/data collected by us.

We make every effort, in accordance with current technology, to protect the personal data of users of our websites/applications/platforms against loss, unauthorized use, and/or other types of abuse. For this reason, not only do we store the data/information we collect in a secure operating environment, inaccessible to the general public, but we may also make anonymous or encrypt them for reasons of relevance, provided that this does not make it impossible for BHUB to use them in the supply of its Products and/or in the provision of its Services.

BHUB, at its sole and exclusive discretion, may ban from its environments users who attempt to damage or tamper with its websites/applications/platforms and/or its security mechanisms, whether through the use of viruses, cancellation bots, Trojan horses, harmful code, denial of service attacks, packet or IP falsification, forged routing or the use of any other method/technology capable of causing damage and/or tampering with BHUB’s environments. Any attempt to do so constitutes a violation of civil and criminal law, and the user must fully indemnify BHUB for any and all damage caused, regardless of its nature, without prejudice to other applicable legal sanctions.

Information on security mechanisms adopted by our partners can be found in their respective policies, terms, and/or regulations, and it is the sole responsibility of each party to adopt measures in accordance with current legislation, in particular the LGPD, for the protection of privacy and any data relating to identified or identifiable natural persons.

CANCELING REGISTRATION OR CHANGING/DELETING DATA/INFORMATION

The information and personal data that we process may be reviewed, changed, and/or updated at any time by the registered user, who may even delete certain data and information, subject to the provisions of these Hub Terms, the Policy, as well as BHUB’s other policies, regulations and contractual relationships, in compliance with the applicable legislation in force, in particular the LGPD.

Personal data shall be securely deleted/made anonymous if: (i) it is not being actively used; (ii) we have no legal obligation to retain it (e.g. for tax purposes); (iii) BHUB is not permitted to keep it for legal and/or compliance reasons; and/or (iv) it is not supported by BHUB’s legitimate interest.

Inaccurate or outdated personal data shall be destroyed or deleted as soon as possible unless it is required to be kept due to a legal obligation to retain it for a certain period and/or the regular exercise of rights.

CONTACT FOR CLARIFICATIONS, QUESTIONS AND EXERCISE OF RIGHTS

Still have questions? Relax! BHUB allows you to ask questions at any time through the channel privacidade@bhub.ai.

If BHUB acts as Controller of the processing of personal data, pursuant to the Policy, it shall also be available for the holder of said data to exercise directly, through its channel, the rights provided for in the LGPD, in particular in its art. 18. If this is not the case and BHUB acts as an Operator pursuant to the Policy, please directly contact the Controller of your personal data processing to exercise these rights.

VERSIONS OF THESE TERMS

These Hub Terms may be revised and updated from time to time by BHUB. Any and all revisions and updates shall only be valid and enter into force at the time of their publication on our websites/applications. Don’t worry! You shall be informed of relevant revisions/updates.

GENERAL PROVISIONS, APPLICABLE LAW AND JURISDICTION

In the event of any discrepancy between this instrument and the General Terms, the provisions of this instrument shall prevail.

This document is governed by the laws of the Federative Republic of Brazil.

The Judicial District of State of São Paulo, of the State of São Paulo, is hereby elected as competent to settle any questions arising from this document, with express waiver of any other, however privileged.

These Hub Terms were last modified on October 23, 2024.

GENERAL TERMS AND CONDITIONS FOR CONTRACTING SERVICES (“T&C”) – CAAS

1. DEFINITIONS

1.1.      The expressions below, whenever used in this document, in the singular or plural, shall have the meaning attributed to them as follows:

(i)        “BHUB” means BHub Serviços e Tecnologia Ltda, a limited liability company, with registered office in the City of São Paulo, State of São Paulo, at Rua Cardeal Arcoverde n° 2365, Pinheiros, CEP (Zip Code) 05407-003, registered with CNPJ (Corporate Taxpayer Registration) under No. 42.330.545/0001-06 (“BHub Tecnologia“) and, as applicable and when acting jointly with BHub Tecnologia (a) for the purposes of providing accounting and financial products, BHub Contabilidade Ltda., a limited liability company, registered with CNPJ/ME under No. 43.618.130/0001-03, with registered office in the City of São Paulo, State of São Paulo, at Rua Cardeal Arcoverde nº 2365, 3º andar, conjunto 31, Pinheiros, CEP 05407-003 (“BHub Contabilidade“)     ; and (b) for the purposes of providing paralegal services, BHub Serviços de Paralegal LTDA, a limited liability company, registered with CNPJ/ME under No. 51.097.182/0001-00, with registered office in the City of São Paulo, State of São Paulo, at Rua Cardeal Arcoverde nº 2365, 3º andar, conjunto 33-Parte, Pinheiros, CEP 05.407-003 (“BHub Paralegal“);

(ii)       “CONTRACTING PARTY” means the individuals or legal entities indicated and qualified in Clause 1 of the Summary Table ;

(iii)       “Agreement” jointly means these T&C, the BHUB T&C, the Summary Table and the Business Proposal sent to the CONTRACTING PARTY; and

(iii)       “Summary Table” means the Summary Table of the Service Agreement signed by the CONTRACTING PARTY and BHUB.

2. PRODUCT

2.1.      Accounting as a Service (“CaaS“)

3. SCOPE

3.1.      The CaaS services to be provided by BHUB to the CONTRACTING PARTY (“Services“) comprise the activities described in Clause 3 of the Summary Table, and may include, among others, those indicated below, according to the contracted scope:

(a) Personnel Department (“DP“):

  • Generates information and calculations relating to Payroll and Salary Advances, as well as their respective charges within their terms: Payroll, Net Wages, Receipts, and Vacation Scheduling.
  • Provision of severance calculations, according to the collective agreement and legislation: TRCT (Termination Agreement), GRRF (Payment Slip for Termination) FGTS (Guarantee Fund for Length of Service) FINE (when applicable), FGTS Statement, FGTS Movement Key, SD – Unemployment Insurance (via web since 04/01/2015) and Homologation (when requested by the CONTRACTING PARTY – Consult Amounts for this service).
  • Carry out recalculations when requested by the CONTRACTING PARTY (for an additional charge): FGTS, Payroll, Salary Advance, Vacation, Termination, etc.
  • Availability of vacation calculations and Vacation Receipts.
  • Provision of admission contracts: Admission KIT (registration form, employment contract, and label) as provided for by Law.
  • Forward the income report of employees, interns, and freelancers who have been processed through the payroll.
  • Transmitting eSocial events.

(b) Accounting:

  • Bookkeeping;
  • Reconciliation of tax, DP and Financial Integrations;
  • Trial Balance Sheet Preparation;
  • Preparation of DRE (Income Statement);
  • Balance Sheet Preparation;
  • Delivery of Monthly Closing Documentation;
  • Delivery of the Annual Closing Documentation;
  • Delivery of accessory obligations (ECD/ECF/DIRF/IBGE Equivalent Circulation Density/Equivalent Circulation Density/Individual Income Tax Return/Brazilian Institute of Geography and Statistics).

(c) Tax:

  • Importing invoices (Services taken, services provided, goods receipt and issue invoices, bills of lading);
  • Bookkeeping of invoices in the ERP (Enterprise Resource Planning);
  • Calculation of federal/state/municipal taxes (ISSQN – Tax On Services of Any Nature, PIS – Social Integration Program, COFINS – Contribution for the Financing of Social Security, ICMS – State Goods and Services Tax, ICMS ST – Tax Substitution, IRRF – Individual Tax Return, CSRF, INSS – National Institute of Social Securit), CSLL – Social C ontribution on Net Income, IRPJ – Legal Entity Tax Return, IOF – Tax on Financial Operations, CIDE – Contribution for Intervention in the Economic Domain, IPI – Tax on Manufactured Products, TFE – Operating Tax, Fees);
  • Preparation and delivery of accessory obligations at federal, state, and municipal levels (Sped fiscal EFD ICMS/IPI, EFD Contribuições, EFD Reinf, GIA, DCTF Web, DCTF Original, DIRF, DSTDA, Sintegra, Assessment of the Simples Nacional, DASN, DEFIS, GIA ST).

4. PRICE

4.1.      The amount referred to in clause 4 of the Summary Table (“Price“) considers the following criteria: (i) number of employees; (ii) tax regime; (iii) type of activity carried out; (iv) number of tax documents (relating to sales, purchases and services); (v) monthly turnover; (vi) number of branches, among others, previously communicated by the CONTRACTING PARTY, and may be adjusted according to the business proposal sent to the CONTRACTING PARTY.

4.2.      In the case of services based on previously established assumptions, according to the Summary Table, the amount(s) owed by the CONTRACTING PARTY to the BHUB may be revised automatically and at any time, should these assumptions change.

4.3.      The Price may be readjusted annually at the beginning of each fiscal year by the positive variation of the IPCA (National Extended Consumer Price Index)/IBGE or another that replaces it and is appropriate, as understood by BHUB to correct the Services.

4.4.      Should any change occur that influences costs and/or makes it economically unfeasible for BHUB to maintain the plans and/or the agreed amounts, BHUB may adjust the said amounts and/or the plans, or even terminate them.

4.4.1.   If this happens, BHUB shall notify the CONTRACTING PARTY about this adjustment thirty (30) days in advance, so the CONTRACTING PARTY can choose one of the existing plans. If the CONTRACTING PARTY does not express its acceptance within the aforementioned term, i.e. within thirty (30) days from the date of communication, BHUB shall automatically migrate to the plan which, at its sole discretion, is the most appropriate, and the CONTRACTING PARTY shall be charged according to the new amounts.

4.4.2.   If the CONTRACTING PARTY does not agree with the new plans, it may terminate this Agreement, without entailing any compensation and/or fine, at which time only the amounts relating to the services provided up to the date of termination shall be due.

4.5.      If the CONTRACTING PARTY becomes inactive (no movement) or has low movement, the CONTRACTING PARTY shall not be exempt from paying the monthly fee, nor shall it be entitled to rebates. This happens because the accounting, tax, and labor obligations continue to exist, regardless of movement, and, therefore, BHUB shall continue to provide the aforementioned Services as usual, until their cancellation is requested and/or any contractual termination occurs.

4.6.      The CONTRACTING PARTY acknowledges and agrees that if the CONTRACTING PARTY fails to make the payments due under this Agreement, the SERVICE PROVIDER may terminate the Agreement and charge the CONTRACTING PARTY the overdue amounts and applicable fines.

4.7.      The overdue amounts shall be subject to a late payment fine of two percent (2%), interest on arrears of one percent (1%) per month, and monetary restatement by the IPCA/IBGE, all calculated pro rata die, and the CONTRACTING PARTY shall not be liable under any circumstances for damages caused during the period of default.

4.8.      Non-payment of two (2) consecutive monthly fees (in the case of services contracted in the form of a monthly fee) shall result in automatic termination of the Agreement, regardless of notification without prejudice to the provisions of item 4.6 above.

5. ADDITIONAL AMOUNTS

5.1.      All possible charges, costs, expenses, guides, taxes, fees, and other expenses paid by BHUB on behalf of the CONTRACTING PARTY, including, without limitation, those required by City Halls, the Internal Revenue Service, Trade Boards, State and Municipal Finance Departments, sworn translators, notary publics, among others that are not expressly included in the Price shall be charged to the CONTRACTING PARTY in the invoice for the month immediately following the month in which payments are made.

5.2.      Any amounts spent on materials to perform the Services, such as books, postage, stamps, file folders, CDS, copies, etc. may be paid in advance by BHUB, but must be reimbursed by the CONTRACTING PARTY in the invoice for the month immediately following the month in which the payments are completed.

5.3.        Additional services may, from time to time, at the sole discretion of BHub, be contracted by e-mail, at the prior written request of the CONTRACTING PARTY, the provision of which is subject to collection by BHUB. It is the CONTRACTING PARTY’s sole responsibility to inform its members, agents, employees, and/or service providers about this form of contracting the additional services in question, understanding as a request duly formalized by the CONTRACTING PARTY, for all legal purposes, any requests for additional services forwarded to BHub.

5.4.      Demands that are not described in Clause 3 of the Summary Table and that involve monitoring inspections, Due Diligence, and/or delivery of any written document related to social security, accounting, and/or tax consultations are not included in the scope of the Services, nor the Price, and shall be charged separately to the CONTRACTING PARTY in the month immediately following the month in which they are completed.

6. RULES FOR THE SERVICE PROVISION

6.1.      The Services shall not be provided to companies: (i) trading in import and export activities; (ii) whose employees’ pay is calculated in hours (hourly), days (daily), weeks, or intermittent agreements.

6.2.1.   Should any of the conditions listed in Clause 6.1 come into existence during the performance of the Agreement, BHUB reserves the right to terminate the Agreement immediately, regardless of prior notice.

6.2.2.   If, during the performance of the Agreement, the CONTRACTING PARTY sets up new subsidiaries, the CONTRACTING PARTY hereby acknowledges that the performance by BHUB of the Services related to such new subsidiaries shall be subject to additional costs in the amount of the Agreement.

6.3.      BHUB shall not be liable for the understandings given by class representation or regulatory authorities regarding the activities carried out by the CONTRACTING PARTY.

7. CONTRACTING PARTY’S OBLIGATIONS AND STATEMENTS

7.1.      For the proper and correct provision of the Services, the CONTRACTING PARTY undertakes to:

(i) Acquire the Digital Certificate Template A1, if it doesn’t have one yet. Without it, BHUB is unable to provide the Services that depend on it, in particular, to deliver a statement, the failure of which shall subject the CONTRACTING PARTY to penalties which, under no circumstances, shall be reimbursed by BHUB;

(ii) Provide, MONTHLY OR WHEN REQUESTED BY BHUB, the tax-accounting documentation requested, electronically, through the BHUB Platform or other means indicated by BHUB, within the term previously informed by BHUB.

(iii) Send electronic invoices via the BHUB Platform (if available for your location) or import said invoices into the BHUB Platform, where applicable;

(iv) Import into the BHUB Platform or other means indicated by BHUB the monthly bank statement, in OFX format or another applicable format, as directed by BHUB;

(v) Send proof of payment of taxes and other expenses through the BHUB Platform or other means indicated by BHUB;

(vi) Respond to all requests from the BHUB for documents and information relating to financial transactions that may have an impact on the accounting information. Under no circumstances shall BHUB be liable for the transmission of incomplete or inaccurate information in the event of not receiving the necessary and/or requested information in time;

(vii) Keep available and up to date with BHUB, especially on the BHUB Platform, all your users and passwords for the City Hall and Internal Revenue Service systems, and the Digital Certificate for transmitting the company’s accounting information to the necessary authorities. Under no circumstances shall BHUB be liable for the failure to send said information if the CONTRACTING PARTY changes the user data and passwords of the systems referred to in this item (vii), including the Digital Certificate, and/or fails to update them with BHUB, in particular on the BHUB Platform.

(viii) Respect all terms indicated by BHUB to enable the correct provision of accounting Services or pay the amounts related to processes for “reopening” the provision of Services due to non-compliance with the term.

(ix) Report every month on payments received, taxes paid and invoices issued;

(x) Before the end of each financial year, read and accept the Management Responsibility Charter, according to Article 3 of CFC Resolution No. 1,590/2020 of the Federal Accounting Council, which shall be made available on the BHUB Platform or other means indicated by BHUB;

(xi) Accessing the BHUB Platform monthly to check the information and communications relating to the company, as well as complying with all the requirements of the terms signed with the BHUB Platform;

(xii) Send employee payrolls to the BHUB Platform or other means indicated by BHUB, where applicable;

(xiii) Take responsibility for the correct filing of all documents, including receipts for expenses and invoices received;

(xiv) Take responsibility for identifying the income and expenditure corresponding to the imported documents;

(xv) Comply with any and all requirements, whenever necessary and requested by any public authorities, within the term allowed by the competent authority;

(xvi) If necessary, register the company with the authorities that regulate its commercial activity;

(xvii) Keeping your registration active and up to date with City Halls and other public authorities.

7.2.      If the BHUB Platform is unavailable, the CONTRACTING PARTY must send its documentation, within the term set out in Clause 7.1, item (ii), by e-mail to meajuda@bhub.com. This shall only be accepted in exceptional cases of systemic unavailability. The unavailability does not, under any circumstances, extend the term for delivery or the CONTRACTING PARTY’s obligation to deliver the documents.

7.3.      BHUB shall be liable for any fines arising from the submission of statements after the legal term and the payment of late taxes, in case its due to the failure to provide the Services, due to the sole and proven fault of the BHUB.

7.3.1.   BHUB is exempt from paying the fines referred to in Clause 7.3 if the CONTRACTING PARTY has given cause, for any reason whatsoever, including but not limited to delays in the delivery of documents and statements or the actions and omissions of external entities and persons who are not employees or service providers of the BHUB, as well as in cases where there is not enough time to perform the Services and/or BHUB does not own the information and documentation necessary to carry out the activity, within the term indicated by BHUB.

7.4.      The CONTRACTING PARTY hereby declares that:

(i) is responsible for its business decisions and its company’s internal controls, and that these are appropriate for the volume of transactions and the type of business activity;

(ii) its activity is not illegal according to the current laws;

(iii) all the documents it generates and shall generate and forward to BHUB for the provision of the Services are suitable, and the CONTRACTING PARTY is liable for the accuracy and legality of each one of them;

(iv) manages stock, counting it, evaluating it, and physically surveying it, and informs and shall continue to inform the BHUB about said stock, accurately, according to the law and with the correct measurement criteria, consistent with reality;

(v) the information recorded in the management and internal control system is controlled and validated with appropriate supporting documentation, and the CONTRACTING PARTY is fully liable for all the contents of the database and electronic files generated;

(vi) is not aware of any facts that have occurred during the period that may affect the financial statements or that may affect the continuity of the company’s operations and undertakes to keep BHUB informed of any and all events that may arise during the contractual relationship to which this instrument refers;

(vii) there was no fraud or violation of laws, rules, or regulations whose effects should be considered for disclosure in the financial statements, or even give rise to the recording of a provision for contingent liabilities, or even fraud involving third parties or practiced by the CONTRACTING PARTY, by any member of the administration or employee in a position of responsibility or trust whose effects should be considered for disclosure in the financial statements, or even give rise to the recording of a provision for contingent liabilities;

(viii) is aware that it is its responsibility to issue invoices, as well as to maintain and update its registration with the municipal authorities and on the BHUB Platform – when and if applicable;

(ix) is aware that it SHALL NOT BE ALLOWED TO EXERCISE BUSINESS ACTIVITY BEFORE COMPLETION OF THE REGISTRATION, pursuant to art. 966 of the Civil Code, nor shall it be able to exercise activity that requires prior licensing before obtaining the respective necessary license.

(x) is aware that bookkeeping and the submission of ancillary statements must, by law, be carried out from the “Date of Opening” shown on the CNPJ Card, and, if monthly advisory services are contracted (“Monthly Advisory Services“), BHUB will have to issue retroactive declarations of non-movement, and may therefore charge retroactive monthly fees (between the date the CNPJ was issued and the moment you can operate), to guarantee your accounting and tax regularity.

(xi) BHUB is authorized to store and change the CONTRACTING PARTY’s passwords, logins, and/or registrations with public bodies, as well as to create new accesses required by law. This authorization includes the possibility for BHUB to generate and sign powers of attorney, including in favor of BHUB, and for the fulfillment of any regulatory, fiscal, or accounting obligation, including those subsequent to the signing of the Agreement, either on behalf of the company or its members (when necessary), in particular, but not limited to, municipal governments (this authorization does not transfer responsibility for issuing invoices to BHUB).

7.5.      Under no circumstances shall BHUB be liable for any investment, costs, lost profits, third-party claims, or costs of supplying substitute goods or services, should the CONTRACTING PARTY commence the activities referred to in item ix above prior to the conclusion of the company opening process, nor shall BHUB be liable for any downtime costs, or any event which may result in damage to the CONTRACTING PARTY.

 

8. GENERAL PROVISIONS

8.1.      In the event of termination, the CONTRACTING PARTY’s documents and Accounting Books, as applicable, shall be made available for delivery to the new technical manager, and the CONTRACTING PARTY shall be responsible for carrying out such delivery, and the technical responsibility of BHUB’s professionals shall not persist from the date of termination, pursuant to CFC Resolution 1590/2020.

8.2      The CONTRACTING PARTY acknowledges and agrees that it is responsible for the payment of any and all fees to be paid before any and all public or governmental authorities whenever necessary for the regular operation of the company, and its attendance and external personal services (due diligence) in these authorities (notary offices, trade boards, city halls) are not included in the services provided by BHUB and may, if available in your area of activity, be contracted separately.

8.3.      BHUB reserves the right to cancel or modify these T&C when it deems it appropriate, notifying this situation through a publication on the website https://www.bhub.com/.

9. EXPIRATION DATE

9.1.      These T&C shall be valid for an indefinite period from September 25, 2023, until their general termination is published via the website https://bhub.com/.

GENERAL TERMS AND CONDITIONS FOR CONTRACTING SERVICES (“T&C”) – FAAS

DEFINITIONS:

1.1. The expressions below, whenever used in this document, in the singular or plural, shall have the meaning attributed to them as follows:

(i) “BHUB” means BHub Serviços e Tecnologia Ltda, a limited liability company, with registered office in the City of São Paulo, State of São Paulo, at Rua Cardeal Arcoverde n° 2365, Pinheiros, CEP (Zip Code) 05407-003, registered with CNPJ (Corporate Taxpayer Registration) under No. 42.330.545/0001-06 (“BHub Tecnologia“) and, as applicable and when acting jointly with BHub Tecnologia (a) for the purposes of providing accounting and financial products, BHub Contabilidade Ltda., a limited liability company, registered with CNPJ/ME under No. 43.618.130/0001-03, with registered office in the City of São Paulo, State of São Paulo, at Rua Cardeal Arcoverde nº 2365, 3º andar, conjunto 31, Pinheiros, CEP 05407-003 (“BHub Contabilidade“)     ; and (b) for the purposes of providing paralegal services, BHub Serviços de Paralegal LTDA, a limited liability company, registered with CNPJ/ME under No. 51.097.182/0001-00, with registered office in the City of São Paulo, State of São Paulo, at Rua Cardeal Arcoverde nº 2365, 3º andar, conjunto 33-Parte, Pinheiros, CEP 05.407-003 (“BHub Paralegal“);

(ii) “CONTRACTING PARTY” means the individuals or legal entities indicated and qualified in Clause 1 of the Summary Table;

(iii) “Agreement” jointly means these T&C, the BHUB T&C, the Summary Table and the Business Proposal sent to the CONTRACTING PARTY; and

(iii) “Summary Table” means the Summary Table of the Service Agreement signed by the CONTRACTING PARTY and BHUB.

PRODUCT

2.1. Finance as a Service (“FaaS“)

SCOPE

3.1. The FaaS services to be provided by BHUB to the CONTRACTING PARTY (“Services“) comprise the activities described in Clause 3 of the Summary Table, and may include, among others, those indicated below, according to the contracted scope:

(a) Daily Accounts Payable activities, including:

  • Including payments in the bank for approval;
  • Classification of the nature of payments for accounting purposes.

(b) Bank reconciliation of bank accounts informed at the time of hiring.

PRICE

4.1. The amount referred to in clause 4 of the Summary Table (“Price“) considers the following criteria: (i) monthly revenue; (ii) number of accounts payable (“CP”) and accounts receivable (“CR”) entries; (iii) number of credit card payments; (iv) number of checking accounts; (v) number of service invoices and slips issued; (vi) number of gateways; (vii) number of transactions on gateways, among others, previously communicated to the CONTRACTING PARTY, and may be adjusted according to the business proposal sent to the CONTRACTING PARTY.

4.2. In the case of services based on previously established assumptions, according to the Summary Table, the amount(s) owed by the CONTRACTING PARTY to the BHUB may be revised automatically and at any time, should these assumptions change.

4.3. The Price may be readjusted annually at the beginning of each fiscal year by the positive variation of the IPCA (National Extended Consumer Price Index)/IBGE or another that replaces it and is appropriate, as understood by BHUB to correct the Services.

4.4. Should any change occur that influences costs and/or makes it economically unfeasible for BHUB to maintain the plans and/or the agreed amounts, BHUB may adjust the said amounts and/or the plans, or even terminate them.

4.4.1. If this happens, BHUB shall notify the CONTRACTING PARTY about this adjustment thirty (30) days in advance, so the CONTRACTING PARTY can choose one of the existing plans. If the CONTRACTING PARTY does not express its acceptance within the aforementioned term, i.e. within thirty (30) days from the date of communication, BHUB shall automatically migrate to the plan which, at its sole discretion, is the most appropriate, and the CONTRACTING PARTY shall be charged according to the new amounts.

4.4.2. If the CONTRACTING PARTY does not agree with the new plans, it may terminate this Agreement, without entailing any compensation and/or fine, at which time only the amounts relating to the services provided up to the date of termination shall be due.

4.5. If the CONTRACTING PARTY becomes inactive (no movement) or has low movement, the CONTRACTING PARTY shall not be exempt from paying the monthly fee, nor shall it be entitled to rebates. The accounting, tax, and labor obligations continue to exist, regardless of movement, and, therefore, BHUB shall continue to provide the aforementioned Services as usual, until their cancellation is requested and/or any contractual termination occurs.

4.6. The CONTRACTING PARTY acknowledges and agrees that if the CONTRACTING PARTY fails to make the payments due under this Agreement, the SERVICE PROVIDER may terminate the Agreement and charge the CONTRACTING PARTY the overdue amounts and applicable fines.

4.7. The overdue amounts shall be subject to a late payment fine of two percent (2%), interest on arrears of one percent (1%) per month, and monetary restatement by the IPCA/IBGE, all calculated pro rata die, and the CONTRACTING PARTY shall not be liable under any circumstances for damages caused during the period of default.

4.8. Non-payment of two (2) consecutive monthly fees (in the case of services contracted in the form of a monthly fee) shall result in automatic termination of the Agreement, regardless of notification without prejudice to the provisions of item 4.7 above.

ADDITIONAL AMOUNTS

5.1. All possible charges, costs, expenses, guides, taxes, fees, and other expenses paid by BHUB on behalf of the CONTRACTING PARTY, including, without limitation, those required by City Halls, the Internal Revenue Service, Trade Boards, State and Municipal Finance Departments, sworn translators, notary publics, among others that are not expressly included in the Price shall be charged to the CONTRACTING PARTY in the invoice for the month immediately following the month in which payments are made.

5.2. Any amounts spent on materials to perform the Services, such as books, postage, stamps, file folders, CDS, copies, etc. may be paid in advance by BHUB, but must be reimbursed by the CONTRACTING PARTY in the invoice for the month immediately following the month in which the payments are completed.

5.3. Additional services may, from time to time, at the sole discretion of BHub, be contracted by e-mail, at the prior written request of the CONTRACTING PARTY, the provision of which is subject to collection by BHUB. It is the CONTRACTING PARTY’s sole responsibility to inform its members, agents, employees, and/or service providers about this form of contracting the additional services in question, understanding as a request duly formalized by the CONTRACTING PARTY, for all legal purposes, any requests for additional services forwarded to BHub.

5.4. Demands that are not described in Clause 3 of the Summary Table and that involve monitoring inspections, Due Diligence, and/or delivery of any written document related to financial consultations are not included in the scope of the Services, nor the Price, and shall be charged separately in the month immediately following the month in which they are completed.

RULES FOR THE SERVICE PROVISION

6.1. The Services can be provided to trade companies provided that: (i) they are opting for the simple national system; (ii) they issue electronic invoices (nfc-e and nf-e); (iii) they have active state registration; and (iv) they operate within the area served by BHUB (available on our website).

6.2. The Services shall not be provided to companies: (i) trading in import and export activities; (ii) whose employees’ remuneration is calculated in hours (hourly workers), days (daily workers), weeks, or intermittent agreements; (iii) that carry out industrial activities or activities treated as industrial; (iv) that operate on a cash basis.

6.2.1. Should any of the conditions listed in Clauses 6.1 and 6.2 above change during the performance of the Agreement and provision of the Services, BHUB reserves the right to terminate the Agreement immediately, regardless of prior notice.

6.3. BHUB shall not be liable for the understandings given by class representation or regulatory authorities regarding the activities carried out by the CONTRACTING PARTY.

CONTRACTING PARTY’S OBLIGATIONS AND STATEMENTS

7.1. For the proper and correct provision of the Services, the CONTRACTING PARTY undertakes to:

(i) Provide, MONTHLY OR WHEN REQUESTED BY BHUB, the tax-accounting documentation necessary for each payment and receipt carried out, electronically, through the BHUB Platform or other means indicated by BHUB, within the term previously informed by BHUB.

(ii) Respond to all requests from the BHUB for documents and information relating to financial transactions. Under no circumstances shall BHUB be liable for the transmission of incomplete or inaccurate information in the event of not receiving the necessary and/or requested information in time.

(iii) Respect all terms indicated by BHUB to enable the correct provision of financial services or pay the amounts related to processes for “reopening” the provision of services due to non-compliance with the term.

(iv) Accessing the BHUB Platform monthly to check the information and communications relating to the company, as well as complying with all the requirements of the terms signed with the BHUB Platform;

(v) Take responsibility for the correct filing of all documents, including receipts for expenses and invoices received.

(vi) Take responsibility for identifying the income and expenditure corresponding to the imported documents.

(vii) Comply with any and all requirements, whenever necessary and requested by any public authorities, within the term allowed by the competent authority.

(viii) If necessary, register the company with the authorities that regulate its commercial activity.

(ix) Keeping your registration active and up to date with City Halls and other public authorities.

7.2. If the BHUB Platform is unavailable, the CONTRACTING PARTY must send its documentation, within the terms described in Clause 7.1, item (ii), by e-mail to meajuda@bhub.com. This shall only be accepted in exceptional cases of systemic unavailability. The unavailability does not, under any circumstances, extend the term for delivery or the CONTRACTING PARTY’s obligation to deliver the documents.

7.3. BHUB shall be liable for any fines arising from the submission of statements after the legal term and the payment of late taxes, which are due to the failure to provide the Services, due to the sole and proven fault of the BHUB.

7.3.1. BHUB is exempt from paying the fines referred to in clause 7.3 if the CONTRACTING PARTY has given cause, for any reason whatsoever, including delays in the delivery of documents and statements or the actions and omissions of external entities and persons who are not employees or service providers of the BHUB, as well as in cases where there is not enough time to perform the Services and/or BHUB does not own the information and documentation necessary to carry out the activity, within the term indicated by BHUB.

7.4. The CONTRACTING PARTY hereby declares that:

i) is responsible for its business decisions and its company’s internal controls, and that these are appropriate for the volume of transactions and the type of business activity;

ii) its activity is not illegal according to the current laws;

iii) all the documents it generates and shall generate and forward to BHUB for the provision of the Services are suitable, and the CONTRACTING PARTY is liable for the accuracy and legality of each one of them;

iv) the information recorded in the management and internal control system is controlled and validated with appropriate supporting documentation, and the CONTRACTING PARTY is fully liable for all the contents of the database and electronic files generated;

v) is aware that it is its responsibility to issue invoices, as well as to maintain and update its registration with the municipal authorities and on the BHUB Platform – when and if applicable;

vi) is aware that it SHALL NOT BE ALLOWED TO EXERCISE BUSINESS ACTIVITY BEFORE COMPLETION OF THE REGISTRATION, pursuant to art. 966 of the Civil Code, nor shall it be able to exercise activity that requires prior licensing before obtaining the respective necessary license.

7.5. Under no circumstances shall BHUB be liable for any investment, costs, lost profits, third-party claims, or costs of supplying substitute goods or services, should the CONTRACTING PARTY commence the activities referred to in item vi above prior to the conclusion of the company opening process, nor shall BHUB be liable for any downtime costs, or any event which may result in damage to the CONTRACTING PARTY.

7.6. The CONTRACTING PARTY declares that it is fully aware that bookkeeping and the submission of accessory declarations must, by law, be carried out from the “Date of Opening” shown on the CNPJ Card.

GENERAL PROVISIONS

8.1. The CONTRACTING PARTY acknowledges and agrees that it is responsible for the payment of any and all fees to be paid before any and all public or governmental authorities whenever necessary for the regular operation of the company, and its attendance and external personal services (due diligence) in these authorities (notary offices, trade boards, city halls) are not included in the services provided by BHUB and may, if available in your area of activity, be contracted separately.

8.2. BHUB reserves the right to cancel or modify these T&C when it deems it appropriate, notifying this situation through a publication on the website https://www.bhub.com/.

EXPIRATION DATE

9.1. These T&C shall be valid for an indefinite period from September 25, 2023, until their general termination is published via the website https://bhub.com/.

GENERAL TERMS AND CONDITIONS FOR CONTRACTING

SERVICES (“T&C“) – PAAS

1. EFINITIONS:

1.1. The expressions below, whenever used in this document, in the singular or plural, shall have the meaning attributed to them as follows:

(i) “BHUB” means BHub Serviços e Tecnologia Ltda, a limited liability company, with registered office in the City of São Paulo, State of São Paulo, at Rua Cardeal Arcoverde n° 2365, Pinheiros, CEP (Zip Code) 05.407-003, registered with CNPJ (Corporate Taxpayer Registration) under No. 42.330.545/0001-06 (“BHub Tecnologia“) and, as applicable and when acting jointly with BHub Tecnologia (a) for the purposes of providing accounting and financial services, BHub Contabilidade Ltda., a limited liability company, registered with CNPJ/ME under No. 43.618.130/0001-03, with registered office in the City of São Paulo, State of São Paulo, at Rua Cardeal Arcoverde nº 2365, 3º andar, conjunto 31, Pinheiros, CEP 05.407-003 (“BHub Contabilidade“)     ; and (b) for the purposes of providing paralegal services, BHub Serviços de Paralegal LTDA, a limited liability company, registered with CNPJ/ME under No. 51.097.182/0001-00, with registered office in the City of São Paulo, State of São Paulo, at Rua Cardeal Arcoverde nº 2365, 3º andar, conjunto 33-Parte, Pinheiros, CEP 05.407-003 (“BHub Paralegal“);

(ii) “CLIENT” means the individuals or legal entities indicated and qualified in Clause 1 of the Summary Table;

(iii) “Agreement” jointly means these T&C, the BHUB T&C, the Summary Table and the Business Proposal sent to the CLIENT; and

(iii) “Summary Table” means the Summary Table of the Service Agreement signed by the CLIENT and BHUB.

2. PRODUCT

2.1. Paralegal as a Service (“PaaS“).

3. SCOPE

3.1. The PaaS services to be provided by BHUB to the CLIENT (“Services“) comprise the activities described in Clause 3 of the Summary Table, and may include, among others, those indicated below, according to the contracted scope:

(a) Opening of a company;

(b) Paralegal records and diligence;

(c) Accompanying registrations and paralegal proceedings;

(d) Trademark registration and procedural steps;

(e) Monitoring trademark registration;

(f) Virtual office;

(g) Legal representation.

4. PRICE

4.1. The amount to be paid by the CLIENT for the Service provision is indicated in clause 4 of the Summary Table (“Price“).

4.2. In the case of services based on previously established assumptions, according to the Summary Table, the amounts owed by the CLIENT to BHUB may be revised automatically and at any time, should these assumptions change.

4.3. The Price may be readjusted annually at the beginning of each fiscal year by the positive variation of the IPCA (National Extended Consumer Price Index)/IBGE or another that replaces it and is appropriate, as understood by BHUB to correct the Services.

4.4. In the event of any change that affects costs and/or makes it economically unfeasible for BHUB to maintain the agreed plans and/or values, it may adjust the plans, or revise the Services, or even terminate them.

4.4.1. If this happens, BHUB shall notify the CLIENT of the fact, reasonably in advance, so that the CLIENT, in the event of an adjustment to the Price or revision of the Services, may choose one of the existing plans. The CLIENT acknowledges and agrees that, if the CLIENT does not express its acceptance within thirty (30) days from the date of the communication, in the case of Services provided in the form of a monthly fee, and within five (5) days for other “PaaS” services, BHUB may, at its sole discretion:

(i) automatically migrate to the plan that, according to BHUB’s technical criteria, is the most appropriate, and the CLIENT shall then be charged according to the new values; or

(ii) not provide the Services, without this implying any breach of the Agreement or incidence of any penalty, with BHUB being exempt from any consequences, losses, and/or damages that may be caused to the CLIENT, with BHUB being owed the amounts related to the Services already provided.

4.4.2. If the Services are provided by BHUB after the terms referred to in item 4.4.1, they shall be performed and charged according to the amounts and conditions set out in said communication.

4.4.3. If the CLIENT does not agree with the new plans, amounts, and/or conditions, it may terminate the Agreement, without entailing any compensation and/or fine, at which time only the amounts relating to the Services provided up to the date of termination shall be due.

4.5. The CLIENT acknowledges and agrees that if the CLIENT fails to make the payments due under this Agreement, the SERVICE PROVIDER may terminate the Agreement and charge the CLIENT the overdue amounts and applicable fines.

4.6. Late payment fines of two percent (2%), interest on arrears of one percent (1%) per month, and monetary restatement by the IPCA/IBGE (Consumer Price Index/Brazilian Institute of Geography and Statistics), calculated pro rata die, shall be charged on the overdue amounts. Under no circumstances shall the SERVICE PROVIDER be liable for any damage caused during the default period.

4.7. Non-payment of two (2) consecutive monthly fees (in the case of services contracted in the form of a monthly fee) shall result in automatic termination of the Agreement, regardless of notification without prejudice to the provisions of item 4.6 above. 

5. ADDITIONAL AMOUNTS

5.1. All possible charges, costs, expenses, guides, taxes, fees, and other expenses paid by BHUB on behalf of the CLIENT, including, without limitation, those required by City Halls, the Internal Revenue Service, Trade Boards, State and Municipal Finance Departments, sworn translators, notary publics, among others that are not expressly included in the Price shall be charged to the CLIENT in the invoice for the month immediately following the month in which payments are made.

5.2. Any amounts spent on materials to perform the Services, such as books, postage, stamps, file folders, CDS, copies, etc. may be paid in advance by BHUB, but must be reimbursed by the CLIENT in the invoice for the month immediately following the month in which the payments are completed.

5.3. Additional services may, from time to time, at the sole discretion of Bhub, be contracted by e-mail, at the prior written request of the CLIENT, the provision of which is subject to collection by BHUB. It is the CLIENT’s sole responsibility to inform its members, agents, employees, and/or service providers about this form of contracting the additional services in question, understanding as a request duly formalized by the CLIENT, for all legal purposes, any requests for additional services forwarded to BHub.

5.4. Demands not described in Clause 3 of the Summary Table are not included in the scope of the Services nor the Price. If provided by BHUB, they shall be charged separately to the CLIENT in the month immediately following the month in which they are completed.

6. RULES FOR THE SERVICE PROVISION.

6.1. The CLIENT shall have up to seven (7) days to withdraw (terminate) from the contracted Services, free of charge. After this term, or if the Services have already been provided, the Agreement may be canceled, but the agreed amount shall be charged in full.

6.2. In the case of Services contracted under a monthly fee, the CLIENT may withdraw (terminate) from the Services at any time by giving BHUB thirty (30) days’ notice (the period we need to bring your journey with us to an orderly end). In this case, the CLIENT must pay the monthly fee corresponding to the notice period. There are no fines or complications. We believe in good service and transparency.

6.2.1. If any payments are overdue during the notice period, the CLIENT shall have to pay all these amounts by the intended end date of our Agreement.

6.2.2. In the case of virtual office services, if the CLIENT chooses to terminate the aforementioned Services, it must provide, at its own expense, (i) the registration of the contractual amendment before the Trade Board, which shall reflect the change of its business address, as well as (ii) all the necessary registrations and updates before the competent bodies and authorities.

6.2.3. Once the contractual amendment has been registered and the registration updates mentioned above have been made, the CLIENT must present the protocol receipts to BHUB so that the price agreed with BHUB and the provision of the aforementioned Services may be terminated;

6.2.4. The CLIENT declares that it agrees and is aware that the termination of the provision of Virtual Office services by BHUB and, consequently, the collection of the amount agreed between the Parties, shall only take place upon presentation of the protocol receipts indicated above. If this is not the case, the price agreed shall continue to be due until you submit the protocols to BHUB.

6.3. BHUB shall not be held liable for the understandings given by class representation or regulatory authorities regarding the activities carried out by the CLIENT nor for any delays and/or requirements and/or terms for/in verification at trade boards or any other bodies where the process of opening companies or any other diligence is required.

6.4. The CLIENT assumes full liability for the name (Corporate and Trade Name) given to the company opened by BHUB, as well as the description of the economic activities that it will exploit, even in cases where the BHUB team makes suggestions, these shall only be implemented with the CLIENT’s authorization, which shall occur with its acceptance or signature on the Articles of Association.

6.5. The following services are NOT INCLUDED in the Agreement: i) filing of documents and processes with the City Hall (except for the feasibility request); ii) filing of documents and processes with the Internal Revenue Service (except for obtaining the DBE – Basic Document for Registration for the incorporation of the company); iii) registration of the company and/or members with class representative bodies (e.g.: CRA, CRC, CREA, CRQ, OAB, etc.); iv) coordination or monitoring of inspections and evaluations by the Fire Department and other bodies; v) technical project to obtain a license; vi) other services or activities not described in the Summary Table.

6.6. THERE SHALL BE NO SUSPENSION OF THE TERM OF THE AGREEMENT IF THE CLIENT FAILS TO COMPLY WITH ITS DUTIES AND OBLIGATIONS (INCLUDING PROTOCOLS, SIGNATURES, SUBMISSION OF DOCUMENTS, PAYMENT OF FEES, PROCEEDINGS AT REGISTRY OFFICES, ETC.) NECESSARY TO COMPLETE THE OPENING OF THE COMPANY.

6.7. The CLIENT declares that it is fully aware that it SHALL NOT BE ALLOWED TO EXERCISE BUSINESS ACTIVITY BEFORE COMPLETION OF THE REGISTRATION, pursuant to art. 966 of the Civil Code, nor shall it be able to exercise activity that requires prior licensing before obtaining the respective necessary license.

6.7.1. Under no circumstances shall BHUB be liable for any investment, damages, costs, loss of profits, claims by third parties, or cost of supplying substitute goods or services, nor shall it be liable for any downtime costs, or any fact that may result in damage to the CLIENT, should the CLIENT commence activities prior to the conclusion of the business opening process.

6.8. The CLIENT declares that it is fully aware that bookkeeping and the submission of accessory declarations must, by law, be carried out from the “Date of Opening” shown on the CNPJ Card.

6.9. The CLIENT acknowledges and agrees that the Legal Representation services may be provided by a third party/partner of BHUB, and hereby declares complete knowledge that the latter may have access to information provided by the CLIENT to the quantum necessary for the execution of the Agreement.

7. LIMITS OF LEGAL REPRESENTATION

7.1. The Legal Representation Service provided by BHUB, either independently or through third parties, is conditioned and limited to the supply of documents and information that are duly requested and required from the CLIENT.

7.2. BHUB shall not be held liable for any other obligation related to this Service that is not expressly mentioned in these Terms. The Legal Representation services do not, at any time, encompass the making of administrative or strategic decisions of any kind, nor do they include the recommendation of any actions on the part of the CLIENT, being limited solely to the execution of measures aimed at fulfilling the CLIENT’s legal and bureaucratic obligations.

7.3. BHUB shall not be held responsible for any delays or abstention in the provision of the agreed services that result from delays, omissions, or failures on the part of the CLIENT or third parties, and BHUB shall not be responsible for any claims, damages, fines, or losses of any kind that do not result from its exclusive fault, as per these Terms.

7.4. The CLIENT undertakes to indemnify and hold harmless any third party or partner of BHUB who may act as the actual legal representative, with BHUB remaining solely legally responsible, regardless of any successor that may replace it, pursuant to the limitations set forth in this Terms.

7.5. Similarly, all acts and services performed by BHUB, as well as by third parties/partners who may act as effective legal representatives, shall be carried out in strict accordance with the instructions provided by the CLIENT, and they shall not be held liable for any losses, damages, or harms that may directly result from the contents, guidance, or information provided by the CLIENT, including, but not limited to, losses resulting from false, incorrect, or incomplete information provided by the CLIENT.

8. CLIENT’S OBLIGATIONS AND STATEMENTS

8.1. In order for the Services to be provided with quality and in accordance with the law, the CLIENT shall need to provide BHUB with the data requested, as well as the information and documents necessary for the provision of the Services, within a period that shall be informed at the time of the request, and it is the CLIENT’s sole and exclusive responsibility to keep them updated with BHUB.

8.2. The CLIENT undertakes to:

(i) Acquire the Digital Certificate Template A1, when applicable, if it doesn’t have one yet. Without it, BHUB shall not be able to provide the services that depend on it, such as, but not limited to, municipal registration, licensing, and DBE issuance. Under no circumstances shall BHUB be liable for any delays, expenses, and/or penalties arising from the non-issuance/availability of said certificate or the change of password by the CLIENT, without notifying BHUB.

(ii) Provide and respond to all requests from BHUB for information and documents necessary for Service provision. Under no circumstances shall BHUB be liable for the transmission of incomplete or inaccurate information in the event of not receiving the necessary and/or requested information in time.

(iii) Keep logins/passwords for the City Hall and Federal Revenue systems and the Digital Certificate available and up to date required to provide the contracted Services. Under no circumstances shall BHUB be liable for the failure to send said information if the CLIENT changes the user data and/or passwords of the systems referred to in this item (iii), including the Digital Certificate, and/or fails to update them with BHUB.

(iv) Respect all terms indicated by BHUB to enable the correct provision of Services or pay the amounts related to processes for “reopening” the provision of Services due to non-compliance with the term.

(iv) Take responsibility for the correct filing of all documents, including receipts and protocols received.

(v) Comply with any and all requirements, whenever necessary and requested by any public authorities, within the term allowed by the competent authority.

(vi) To engage in business activity ONLY AFTER COMPLETION OF THE REGISTRATION, pursuant to article 966 of the Civil Code, as well as to engage in activity that requires prior licensing only after obtaining the respective necessary license.

(vii) Carrying out bookkeeping and submitting accessory statements from the date of opening on the CNPJ Card, as required by law.

(viii) If necessary, register the company with the authorities that regulate its commercial activity;

(ix) Keeping your registration active and up to date with City Halls and other public authorities.

8.3. Any fines resulting from the delay in sending the requested documents after the legal deadline, which are due to the non-provision of the Services, due to the exclusive and proven fault of BHUB, shall be BHUB’s responsibility.

8.3.1. BHUB is exempt from paying the fines referred to in clause 7.3 if the CLIENT has given cause, for any reason whatsoever, including delays in the delivery of documents and statements or the actions and omissions of external entities and persons who are not employees or service providers of the BHUB, as well as in cases where there is not enough time to perform the Services and/or BHUB does not own the information and documentation necessary to carry out the activity, within the term indicated by BHUB.

8.4. The CLIENT declares that:

i) it is responsible for its business decisions and its company’s internal controls;

ii) its activity is not illegal according to the current laws;

iii) all the documents it generates and shall generate and forward to BHUB to provide the services are suitable, and the CLIENT is liable for the accuracy and legality of each one of them;

iv) is aware that it is its responsibility to issue Invoices, as well as to maintain and update its registration with the municipal authorities and on the BHUB Platform – when and if applicable;

v) is aware that it SHALL NOT BE ALLOWED TO EXERCISE BUSINESS ACTIVITY BEFORE COMPLETION OF THE REGISTRATION, pursuant to art. 966 of the Civil Code, nor shall it be able to exercise activity that requires prior licensing before obtaining the respective necessary license.

vi) is aware that it must keep logins/passwords up-to-date and available for the City Hall and Internal Revenue Service systems and the Digital Certificate required to provide the contracted Services, and BHUB is authorized, due to the Agreement purpose, to store them, as well as change them with public authorities, and may also create new accesses required by law. This authorization includes the possibility for BHUB to generate and sign powers of attorney and for the fulfillment of any legal obligation, including those subsequent to the signing of the Agreement, either on behalf of the company or its members (when necessary), in particular, but not limited to, municipal governments (this authorization does not transfer responsibility for issuing invoices to BHUB).

8.5. Under no circumstances shall BHUB be liable for any investment, costs, lost profits, third-party claims, or costs of supplying substitute goods or services, should the CLIENT commence the activities referred to in item vi above prior to the conclusion of the company opening process, nor shall BHUB be liable for any downtime costs, or any event which may result in damage to the CLIENT.

9. GENERAL PROVISIONS

9.1. The CLIENT acknowledges and agrees that it is responsible for the payment of any and all fees to be settled before any and all public or governmental authorities whenever necessary for the regular operation of the company, and its attendance and external personal services (due diligence) in these authorities (notary offices, trade boards, city halls) are not included in the Services provided by BHUB and may, if available in your area of activity, be contracted separately.

9.2. BHUB reserves the right to cancel or modify these T&C when it deems it appropriate, notifying this situation through a publication on the website https://www.bhub.com/.

10. EXPIRATION DATE

10.1. These T&C shall be valid for an indefinite period from September 25, 2023, until their general termination is published via the website https://bhub.com/.

General Terms and Conditions of Website/Platform Use | BHub

Hi! BHUB SERVIÇOS E TECNOLOGIA LTDA. (“TECNOLOGIA”), headquartered at Rua Cardeal Arcoverde, nº 2365, 3º andar, Pinheiros, CEP (Zip Code) 05407-003, registered with CNPJ (Corporate Taxpayer Registration) under No. 42.330.545/0001-06, as well as the other companies of BHub group (“BHUB” or “Group”) would like to welcome you!

Thank you for visiting our pages! However, before you start your journey on our websites/applications/platforms, experiencing all the best they have to offer, especially our products (“Products”) and services (“Services”), please read these General Terms and Conditions (“General Terms”) carefully, as well as the other Terms and Conditions of Use relating to specific BHUB platforms (“Specific Terms”).

The main purpose of these General Terms is to regulate the general conditions of access and use of our websites/applications/platforms, providing clarification, mainly, on the features, functionalities, Services, and Products offered by BHUB in its environments. These General Terms apply to all users who use our tools.

We thank you for your visit and wish you an unforgettable journey in our virtual environments!

 

IMPORTANT!

BHUB hereby clarifies that, by accessing and/or using any features, functionalities, Services, Products, and/or benefits of its websites/applications/platforms, the user is hereby legally and formally bound by these General Terms, the Privacy and Personal Data Protection Policy (“Privacy Policy”), the Cookies Policy (“Cookies Policy”), any Specific Terms and other regulations governing the BHUB’s activities, in particular, its Service provision, and the supply of its Products (“Acceptance”).

 

What does that mean?

Acceptance means that users declare and attest to their full and complete awareness of how their interaction with BHUB shall take place, including concerning the processing of personal data, when using the features, functionalities, Services, Products, and other benefits offered by BHUB on its websites/applications/platforms.

 

ATTENTION!

If you do not agree with these General Terms and/or the other terms, policies, and regulations of BHUB, please immediately stop using our websites/applications/platforms, registering in our environments, consuming any Products and Services offered, and/or otherwise providing any information to BHUB.

Please be aware that if you do not agree to our General Terms, Privacy Policy, Cookies Policy, or any Specific Terms and/or other regulations governing the activities of this company, such activities, including the supply of our Products and the provision of our Services, may not take place.

Although our joint journey cannot continue if the above documents are rejected, your opinion is extremely important to us! Therefore, we kindly ask you to let us know why you disagree so that we can continuously improve our activities.

We at BHUB hereby inform you that we make every reasonable effort, according to current technology, to ensure the security of our websites/applications/platforms, in short, our systems in general, in the interests of privacy and the protection of the data and information we process, in particular personal data.

Information on access, security, browsing, data processing, and cookies of third parties/partners may be found in their respective policies, terms, and/or regulations, and it is the sole liability of each party to adopt measures according to current legislation, in particular Law No. 13.709/2018 (“General Data Protection Law” or “LGPD”), for the protection of privacy and any data relating to identified or identifiable individuals. Under no circumstances is BHUB liable for the policies, terms, and/or regulations of third-party/partner websites/applications/platforms, nor for the processing of data carried out by them.

We would also like to clarify that these General Terms are mainly based on BHUB’s Privacy Policy https://bhub.com/politica-de-privacidade, which in turn incorporates provisions of the LGPD, available at the following link: LGPD.

 

  1. WHAT SERVICES/PRODUCTS DO WE OFFER ON OUR WEBSITES/APPLICATIONS/PLATFORMS?

Without prejudice to the other provisions of these General Terms, our websites/applications/platforms are intended to offer our Services and Products, available mainly at the following link: https://bhub.com/, as well as allowing the user to access information and content related to BHUB, such as: services, products, news and various announcements, campaigns, career, blog, events, advertisements, launching of new services and/or products related to back office (“BACK OFFICE”).

That said, users of our environments declare full and complete knowledge that they may, subject to the applicable legislation in force, in particular the LGPD, and other provisions contained in the policies and regulations of the BHUB and/or the competent authorities:

(i) receive, via e-mail and/or telephone/WhatsApp, information that has been requested on our websites/applications/platforms, as well as news, offers of products and services, announcements of campaigns and possible selection processes, launching of new BHUB services and/or products, and other related information;

(ii) receive calls and/or direct messages from BHUB employees to answer questions, carry out surveys, and/or provide information on products, services, campaigns, news, updates, events, and other related matters;

(iii) receive, via e-mail and/or telephone/WhatsApp, advertising, according to interests and preferences, including in a customized manner;

(iv) have contact with links from third parties/partners while browsing our sites/applications/platforms, related to topics of interest.

Notwithstanding the above, it is possible to unsubscribe from receiving advertising messages at any time. For more information on this, please visit our Privacy Policy.

 

  1. WHO MANAGES OUR WEBSITES/APPLICATIONS/PLATFORMS?

Our websites/applications/platforms, as well as the Products, Services, and activities that we offer/perform through them, are administered/managed by BHUB, which may, from time to time, grant such powers and rights to third parties/partners, pursuant to the law and in accordance with the agreements signed between BHUB and the respective third parties/partners.

BHUB reserves the right to include, delete, or change the contents, features, and functionalities of its websites/applications/platforms, as well as to temporarily suspend them at any time, regardless of prior notice. Likewise, it may change these General Terms, as well as its other terms, policies, and regulations, the most recent versions of which shall always be available on our tools for consultation.

By continuing to access, use, or otherwise interact with our websites/applications/platforms after the publication of the aforementioned changes, users attest to their full and complete awareness of how they will interact with BHUB as of the update in question. If you do not agree with the new General Terms, policies, and/or regulations, please stop using our website/application/platform immediately and do not register on our tools, consume any Products and/or Services offered, and/or otherwise provide any information to BHUB.

 

  1. INITIAL REGISTRATION, ACCESS AND USE OF OUR WEBSITES/APPLICATIONS/PLATFORMS

Our websites/applications/platforms are only intended for people over the age of 18. Anyone who does not fit this classification shall be automatically banned from our platform.

By accessing, using or otherwise interacting with our websites/applications/platforms, the user declares to comply with the above conditions. If you are accessing, using or otherwise interacting with our environments on behalf of any organization, you hereby declare that you have all the legal powers to bind said organization to these General Terms, to the Privacy Policy, as well as to the other terms, policies, and regulations of BHUB.

 

3.1. Registration

Registration on our websites/applications/platforms is always optional. However, in order to take advantage of all the Products, Services, benefits, and/or other facilities offered by BHUB, it is essential to register.

For registration purposes, BHUB generally collects the following personal data: name/surname, e-mail address, and telephone number. BHUB may, at any time, at its sole and exclusive discretion, request the updating and/or provision of data to complete the registration.

The information provided at the time of registration must be true, complete, and kept up to date. Under no circumstances shall BHUB be liable for any result and/or damage arising from the falsity of the information provided and/or its failure to be updated. BHUB may, at any time, at its sole and exclusive discretion, request the updating and/or provision of data to complete the registration

Users are liable for the secrecy and confidentiality of all data they provide to BHUB, as well as for the actions and/or omissions carried out in our environments.

 

3.2. Use of our websites/applications/platforms

It is hereby declared and acknowledged that any and all actions or omissions during the use of our websites/applications/platforms shall be the user’s sole and full liability, and BHUB, its affiliates, and/or subsidiaries shall be held harmless from any claims and/or liabilities arising therefrom, as well as indemnified for any losses, damages and/or expenses incurred, including, but not limited to, attorneys’ fees and court costs, which they may suffer as a result of such actions or omissions.

Users are solely and exclusively liable for the means they use to access BHUB’s sites/applications/platforms, including but not limited to devices, internet providers, and/or browsers, and therefore exclusively assume the risk of any possible breach of privacy and/or security arising from such means.

Users declare and attest to full and complete knowledge that, due to the nature and purposes for which BHUB’s websites/applications/platforms are intended, BHUB may collect, access, process, store, reproduce, share, delete, in short, process personal data (“Processing”), under the LGPD, in particular art. 5, item X, in accordance with these General Terms, its Privacy Policy and its other terms, policies and regulations, subject to the applicable legislation and legal bases in force.

We also clarify that the Processing extends to all the Group’s companies, which may even be located and/or headquartered outside Brazil.

 

  1. WHAT INFORMATION/DATA DO WE COLLECT ON OUR WEBSITES/APPLICATIONS/PLATFORMS?

BHUB respects the rights to personality and privacy and hereby undertakes to use the data/information made available on its websites/applications/platforms as described in these General Terms, the Privacy Policy, the Specific Terms, the Cookies Policy, other BHUB regulations and in accordance with current legislation, in particular the LGPD.

Considering the nature and purpose of BHUB’s websites/applications/platforms, the following personal data shall generally be collected through these channels:

Registration information (“Registration Information”): name/surname, e-mail address, and telephone number.

Browsing/device information on our websites/applications (“Browsing/Device Information”): IP address, geographical location, reference source, type of browser, duration/frequency of visits, and pages visited. This information is usually obtained through cookies installed in your browser. For more information, please visit our Cookies Policy.

Without prejudice to the above, other personal data may also be collected, in accordance with the Specific Terms and other policies, terms, and regulations of BHUB, subject to the applicable legislation and legal bases in force. So be sure to check them out!

Registration Information, Browsing/Device Information, and/or other data collected and used by BHUB may be kept and stored by BHUB in the following cases: (i) for as long as the registration and/or account remain active; and (ii) for as long as necessary: (ii.i) for the purposes of the Products and Services, (ii.ii) for the resolution of any dispute or litigation, (ii.iii) by judicial determination and/or by an entity with jurisdiction over the activities of BHUB; (ii.iv) to comply with a specific legal provision, under the applicable legislation in force; (ii.v) for as long as they are necessary to maintain the legitimate interests of BHUB, under the law.

 

  1. PURPOSE AND USE OF DATA/INFORMATION

The data/information referred to in item 4 of these General Terms may be processed by BHUB for the following purposes, subject to the applicable legislation and legal bases in force:

(i) Service Provision and/or supply of Products, as well as for the launch of new Products and Services, campaigns, and selection processes, among other activities carried out by BHUB;

(ii) Sending information requested on our websites/applications/platforms;

(iii) Sending news, Products and Services offers, announcements, and/or other information, always related to topics of interest to the registered users;

(iv) Carrying out surveys, disclosing events, and other matters that may be of interest to the registered user;

(v) Advertising according to the interests and preferences of the registered users, as well as for the customization of the Services and Products in order to adapt them to such interests and preferences;

(vi) Customer support, service and/or related services.

Once again, we would like to point out that, despite the provisions of the previous sections, you can unsubscribe from receiving advertising messages at any time. For more information on canceling your registration and/or changing/deleting your personal data, please visit our Privacy Policy.

We also point out that BHUB may share personal data processed with companies located in other countries, such as Google, Microsoft, and/or Amazon, mainly for cloud storage, as stated in its Policy.

BHUB hereby informs that, in the event of an international data transfer, this shall take place according to the security measures necessary to ensure confidentiality, integrity, and availability of the personal data transferred, in compliance with the applicable legislation in force, in particular the LGPD.

 

  1. ACCESS AND USE OF DATA/INFORMATION BY THIRD PARTIES/PARTNERS

The data/information referred to in item 4 of these General Terms may also be processed by third parties/partners duly authorized by BHUB, located or with a registered office in Brazil or abroad, for the purposes set out in item 5 above.

For technical and operational reasons, the data/information referred to in item 4 of these General Terms may also be stored or operated in facilities, datacenters and servers owned by third parties/business partners of BHUB, located or with registered office in Brazil or abroad.

We hereby clarify that the aforementioned third parties/business partners, service providers, are subject to the rules, obligations and duties of confidentiality, secrecy and protection of the privacy of the information and personal data processed, consistent with the provisions of these General Terms, the Privacy Policy, other BHUB terms, policies and regulations and current applicable legislation, in particular the LGPD, without prejudice to any other applicable legislation, due to their location.

 

  1. THIRD-PARTY LINKS

In order to improve your browsing experience on our websites/applications/platforms, these may contain links referring you to third-party websites, systems, applications, services and products. The indication of these links does not constitute an endorsement or sponsorship of the services and/or products of these third parties. Under no circumstances is BHUB liable for the policies, terms, and/or regulations of the websites/applications/platforms of these third parties, nor for the processing of data carried out by them and/or for any errors, faults, irregularities, or defects in the provision of their services and/or supply of their products. We therefore recommend that you carefully read the privacy policies, terms and conditions of use, and other regulations of these third parties.

Any complaints or doubts about the services and/or products of third parties, used and/or acquired by the user through links published on our websites/applications/platforms, should be directed to the respective third parties’ sectors/services.

 

  1. INTELLECTUAL PROPERTY RIGHTS:

Any and all techniques, ideas, concepts, methods, processes, software, utilities, data, documents, directories, designs, user interfaces, know-how, graphics, images, photographs, logos, slogans, sounds, trademarks, texts, statements, drawings, including domain names, user interfaces and color combinations used, incorporated and contained in our websites/applications/platforms constitute the sole and exclusive intellectual property of BHUB or are duly authorized and licensed by third parties/partners. The use, reproduction, distribution, or display, in whole or in part, of any intellectual property of BHUB by the user or by any third party is not permitted or authorized without their prior, express and written consent.

Any content, features, functionalities, and tools made available on our websites/applications/platforms are the property of BHUB and/or, where applicable, of third parties/partners, under the terms of any agreements signed between BHUB and the respective third party/partners, being understood that: (i) under no circumstances may such ownership be claimed by the user of our sites/applications; and (ii) if said content, features, functionalities, and tools are the property of third parties/partners, BHUB shall obtain the necessary rights, authorizations and licenses.

The user hereby undertakes not to carry out any of the activities listed below and, in the event of a breach, must fully indemnify BHUB, its affiliates, and/or subsidiaries for any and all damage caused, regardless of its nature, without prejudice to the applicable legal sanctions:

to copy, store, modify, prepare works, distribute, license, sell, transfer, publicly display, publicly perform, transmit, or exploit any software that is part of our websites/applications/platforms as well as any content owned by us, except to the extent expressly permitted by BHUB, due to the use of the features, functionalities, services, products, and/or other benefits made available by BHUB;

attempt to expose the source code or attempt to recreate any software that is part of our websites/applications/platforms;

use software, devices, scripts, manual or automated robots, or any other means or process to access or track any web pages or other services contained on our websites/applications/platforms;

violate the rights of any person or entity, including, without limitation, their intellectual property, privacy, publicity, and/or contractual rights;

attempt to probe, scan, or test the vulnerability of any BHUB system or network or breach any security or authentication measures;

avoid, ignore, remove, disable, impair, decrypt, or circumvent any technological measure implemented by BHUB, any of its suppliers, or any other third party to protect its websites/applications/platforms;

forge any TCP/IP packet elements or any parts of such elements in any e-mail posting or newsgroup, or in any way use our websites/applications/platforms, including the Entrepreneur Hub, and/or the features, functionalities, services, products, and/or other benefits made available by BHUB to submit altered, misleading or false source identifying information;

attempt to decipher, decompile, disassemble, or reverse engineer any software used by BHUB for the supply of its products and/or the provision of its services;

advocate, encourage, or assist any third party to do any of the above;

use BHUB’s websites/applications/platforms for any activities not provided for herein and in BHUB’s other terms, policies, and regulations.

If there is evidence of any of the above activities, BHUB may, at its sole and exclusive discretion, suspend or close the account of the subversive user, being understood that any suspension or termination of the user’s account, under the terms indicated above, shall not exempt the user from any of their obligations.

 

  1. DATA SECURITY POLICY, INFORMATION AND COMMUNICATIONS

BHUB always seeks to use adequate and appropriate processes, techniques, mechanisms, and prevention procedures, in accordance with current technology, to ensure proper protection against any security incidents, occurrences, or suspicions of unauthorized access, use, changes, appropriation, and/or destruction by third parties, which may compromise or threaten the integrity, confidentiality, authenticity, and/or availability of the information/data collected by us.

We make every effort, in accordance with current technology, to protect the personal data of users of our websites/applications/platforms against loss, unauthorized use, and/or other types of abuse. For this reason, not only do we store the data/information we collect in a secure operating environment, inaccessible to the general public, but we may also make anonymous or encrypt them for reasons of relevance, provided that this does not make it impossible for BHUB to use them in the supply of its Products and/or in the provision of its Services.

BHUB, at its sole and exclusive discretion, may ban from its environments users who attempt to damage or tamper with its websites/applications/platforms and/or its security mechanisms, whether through the use of viruses, cancellation bots, Trojan horses, harmful code, denial of service attacks, packet or IP falsification, forged routing or the use of any other method/technology capable of causing damage and/or tampering with BHUB’s environments. Any attempt to do so constitutes a violation of civil and criminal law, and the user must fully indemnify BHUB for any and all damage caused, regardless of its nature, without prejudice to other applicable legal sanctions.

Information on security mechanisms adopted by third parties or by our business partners can be found in their respective policies, terms, and/or regulations, and it is the sole responsibility of each party to adopt measures in accordance with current legislation, in particular the LGPD, for the protection of privacy and any data relating to identified or identifiable natural persons.

 

  1. CANCELING REGISTRATION OR CHANGING/DELETING DATA/INFORMATION

The information and personal data that we process may be reviewed, changed, and/or updated at any time by the registered user, who may even delete certain data and information, subject to the provisions of these Terms and Conditions of Use, the Policy, as well as BHUB’s other policies, regulations, and contractual relationships, in compliance with the applicable legislation in force, in particular the LGPD.

Personal data shall be securely deleted/made anonymous if: (i) it is not being actively used; (ii) we have no legal obligation to retain it (e.g. for tax purposes); (iii) BHUB is not permitted to keep it for legal and/or compliance reasons; and/or (iv) it is not supported by BHUB’s legitimate interest.

Inaccurate or outdated personal data shall be destroyed or deleted as soon as possible unless it is required to be kept due to a legal obligation to retain it for a certain period and/or the regular exercise of rights.

 

  1. CONTACT FOR CLARIFICATIONS, QUESTIONS AND EXERCISE OF RIGHTS

Still have questions? Relax! BHUB allows you to ask questions at any time through the channel privacidade@bhub.ai. If BHUB acts as Controller of the processing of personal data, pursuant to the Policy, it shall also be available for the holder of said data to exercise directly, through its channel, the rights provided for in the LGPD, in particular in its art. 18. If this is not the case and BHUB acts as an Operator pursuant to the Privacy Policy, please directly contact the Controller of your personal data processing to exercise these rights.

 

  1. VERSIONS OF THESE TERMS

These Terms and Conditions of Use may be revised and updated from time to time by BHUB. Any and all revisions and updates shall only be valid and enter into force at the time of their publication on our websites/applications. Don’t worry! You shall be informed of relevant revisions/updates.

 

  1. APPLICABLE LAW AND JURISDICTION

This document is governed by the laws of the Federative Republic of Brazil.

The Judicial District of State of São Paulo, of the State of São Paulo, is hereby elected as competent to settle any questions arising from this document, with express waiver of any other, however privileged.

These Terms and Conditions of Use were last modified on December 12, 2022.

Terms and Conditions of Use Entrepreneur Hub

Hi! BHUB SERVIÇOS E TECNOLOGIA LTDA. (“TECNOLOGIA”), headquartered at Rua Cardeal Arcoverde, nº 2365, 3º andar, Pinheiros, CEP (Zip Code) 05407-003, registered with CNPJ (Corporate Taxpayer Registration) under No. 42.330.545/0001-06, as well as the other companies of BHub group (“BHUB” or “Group”) would like to welcome you!

Thank you for visiting our pages! Before starting your journey on the Entrepreneur Hub platform (“Platform” or “Entrepreneur Hub”), please read these Entrepreneur Hub Terms and Conditions of Use (“Hub Terms”) carefully, as well as the other terms and policies of BHUB, in particular the Privacy and Personal Data Protection Policy (“Privacy Policy”), the General Terms and Conditions (“General Terms”), the Cookie Policy (“Cookies Policy”), and the other regulations governing BHUB’s activities.

The main purpose of the Hub Terms is to regulate the conditions of access to and use of the Entrepreneur Hub, clarifying the features, functionalities, services, products, and/or benefits offered on the Platform, such as, for example, the provision of financial indexes capable of enabling you to better manage your business.

We thank you for your visit and wish you an unforgettable journey in our virtual environments!

IMPORTANT!

BHUB hereby clarifies that, by accessing and/or using any features, functionalities, services, products, and/or benefits of the Entrepreneur Hub, the user is hereby formally bound by these Hub Terms, the Privacy Policy, the General Terms, the Cookies Policy and the other regulations governing the activities of BHUB, in particular the provision of its services and the supply of its products (“Acceptance”).

What does that mean?

Acceptance means that users declare and attest to their full and complete awareness of how their interaction with BHUB shall take place, including concerning the processing of personal data, when using the features, functionalities services, products, and/or other benefits offered on the Entrepreneur Hub.

ATTENTION!

If you do not agree with these Hub Terms and/or the other terms, policies, and regulations of BHUB, please immediately stop using the website, application, and/or Platform, not registering in said environments, not consuming any feature, functionality, service, product or other benefits offered and/or otherwise providing any information to BHUB.

Please be aware that if you do not agree to these Hub Terms, our Privacy Policy, General Terms, Cookies Policy, and/or the other regulations governing the activities of this company, the features, functionalities, services, products, and/or other benefits of the Entrepreneur Hub may not be provided to you.

Although our joint journey cannot continue if the documents above are rejected, your opinion is extremely important to us! Therefore, we kindly ask you to let us know why you disagree so that we can continuously improve our activities.

We at BHUB hereby inform you that we make every reasonable effort, according to current technology, to ensure the security of our websites/applications/platforms, including the Entrepreneur Hub, in the interests of privacy and the protection of the data and information we process, in particular personal data.

Information on access, security, browsing, data processing, and cookies of third parties/partners may be found in their respective policies, terms, and/or regulations, and it is the sole liability of each party to adopt measures according to current legislation, in particular Law No. 13.709/2018 (“General Data Protection Law” or “LGPD”), for the protection of privacy and any data relating to identified or identifiable individuals. Under no circumstances is BHUB liable for the policies, terms, and/or regulations of third-party/partner websites/applications/platforms, nor for the processing of data carried out by them.

We also clarify that these Hub Terms are mainly based on the BHUB’s Privacy Policy <https://bhub.com/politica-de-privacidade/> and General Terms <https://bhub.com/termos-e-condicoes-de-uso/>.

WHAT FEATURES/FUNCTIONALITIES DO WE OFFER IN OUR ENTREPRENEUR HUB?

Through the Entrepreneur Hub, users have free access to financial indicators which, based on data automatically extracted from their bank account(s), allow them to gain greater visibility of their business, as well as greater financial control and more transparent and efficient business management.

By integrating the user’s company bank account(s) with the Entrepreneur Hub, BHub can provide them with financial indexes that automatically indicate, in a graphical, categorized, analytical and up-to-date way, among other information, history, inflows, outflows, and cashburn, enabling a quick analysis on the main transactions and the financial health of your business in real-time.

Without prejudice to the other provisions of these Hub Terms, our Entrepreneur Hub is also intended to allow the user to access information and content related to BHUB, including from third parties/partners, such as: services, products, news, and various announcements related mainly to the back office.

That said, users of Entrepreneur Hub declare full and complete knowledge that they may, subject to the applicable legislation in force, in particular the LGPD, and other provisions contained in the policies and regulations of the BHUB and/or the competent authorities:

(i) receive, via e-mail and/or telephone/WhatsApp, information that has been requested on our websites/applications/platforms, as well as news, offers, and announcements of BHUB products and services, and other related information;

(ii) receive calls and/or direct messages from BHUB employees to answer questions, carry out surveys, and/or provide information on products, services, events, and other related matters;

(iii) receive, via e-mail and/or telephone/WhatsApp, advertising, according to interests and preferences, including in a customized manner;

(iv) have contact with links from third parties/partners while browsing our sites/applications/platforms, related to topics of interest.

Notwithstanding the above, it is possible to unsubscribe from receiving advertising messages at any time. For more information on this, please visit our Privacy Policy.

WHO RUNS THE ENTREPRENEUR HUB?

The Entrepreneur Hub, as well as the features, functionalities, services, products, and/or benefits offered on the Platform, are managed by BHUB, which may grant such powers and rights to third parties/partners, under the law and the agreements signed between BHUB and the respective third parties/partners.

BHUB reserves the right to include, delete, or change the contents, features, and functionalities of the Entrepreneur Hub, as well as to temporarily suspend it at any time, regardless of prior notice. Likewise, you may modify these Hub Terms, the latest version of which shall always be available on our tools for consultation.

INITIAL REGISTRATION, ACCESS AND USE OF THE ENTREPRENEUR HUB

Access to and use of our websites/applications/platforms, including the Entrepreneur Hub, is restricted to persons over the age of 18. Anyone who does not fit this classification shall be automatically banned from our platform.

By accessing, using or otherwise interacting with our websites/applications/platforms, including the Entrepreneur Hub, the user declares to comply with the above conditions. If you are accessing, using or otherwise interacting with our environments on behalf of any organization, you hereby declare that you have all the legal powers to bind said organization to these Hub Terms, to the Privacy Policy, as well as to the other terms, policies, and regulations of BHUB.

3.1. Registration

Registration on our websites/applications/platforms is always optional. However, in order to take advantage of all the features, functionalities, services, products, and/or other benefits offered by BHUB, including those of the Entrepreneur Hub, it is essential to register.

To register on the Entrepreneur Hub, BHUB collects personal data (name/surname, e-mail, telephone/WhatsApp), as well as business data (company name, CNPJ, and bank).

In order to access the Entrepreneur Hub, the user must also create a login and password, as well as carry out the procedures referred to in item 3.2 hereof.

The information provided at the time of registration must be true, complete, and kept up to date. Under no circumstances shall BHUB be liable for any result and/or damage arising from the falsity of the information provided and/or its failure to be updated. BHUB may, at any time, at its sole and exclusive discretion, request the updating and/or provision of data to complete the registration.

Users are liable for the secrecy and confidentiality of all data they provide to BHUB, as well as for the actions and/or omissions carried out in our environments, including regarding the use of login and password. So don’t share them with third parties. Sharing them with third parties is an express breach of these Hub Terms and other BHUB policies, terms, and regulations, and may compromise the security of both the data and our environments. If the user identifies or suspects that a third party has gained access to their login/password, they must immediately change it in our systems or request assistance to do so through the channels indicated in these Hub Terms.

If BHUB finds, through testing, that the user’s credentials (login/password) have been compromised (made accessible by third parties), for security reasons and in order to prevent inappropriate access to the user’s account and data, BHUB may preventively suspend said credentials. BHUB may also, at its sole and exclusive discretion, prevent the creation of new registrations or cancel those already made if it detects any adversity capable of compromising its environments and/or other users.

3.2. Use of our websites/applications/platforms

It is hereby declared and acknowledged that any and all actions or omissions during the use of our websites/applications/platforms, including the Entrepreneur Hub shall be the user’s sole and full liability, and BHUB, its affiliates, and/or subsidiaries shall be held harmless from any claims and/or liabilities arising therefrom, as well as indemnified for any losses, damages and/or expenses incurred, including, but not limited to, attorneys’ fees and court costs, which they may suffer as a result of such actions or omissions.

Users are solely and exclusively liable for the means they use to access BHUB’s sites/applications/platforms, including but not limited to devices, internet providers, and/or browsers, and therefore exclusively assume the risk of any possible breach of privacy and/or security arising from such means.

3.2.1. Connecting the user’s bank account(s) to the Entrepreneur Hub

In order to take advantage of the features and functionalities made available by the Entrepreneur Hub, users must authorize BHUB to connect to the bank accounts indicated by them and thus access/process the financial data associated with it, in accordance with these Hub Terms and other BHUB policies, terms and regulations, subject to the applicable legislation in force.

Users declare full and complete knowledge that, to connect the aforementioned bank account(s) to the Entrepreneur Hub, BHUB shall rely on the assistance of the partner Belvo., whose policies and terms of use can be accessed via the following link: Policies and Terms of Use

In order to connect the bank accounts indicated by the user to the Entrepreneur Hub, the user must:

expressly authorize BHUB to connect to said accounts, access the financial data associated with it and carry out

any periodic synchronizations;

expressly authorize Belvo. to carry out the integration between the bank accounts and the Entrepreneur Hub, via API, providing BHUB with access to the financial data associated with said accounts;

fill in certain fields for integrating said bank accounts and the Entrepreneur Hub, providing bank details such as: bank, branch, account, login, and/or password.

Users also declare that they are fully aware that they may revoke, at any time, the authorization referred to in the above items, and it is certain that, upon revocation, the Entrepreneur Hub, as well as its features, functionalities, services, products, and/or other benefits shall be unavailable to the user. In order to access and use the Entrepreneur Hub again, the user must authorize a new connection to their bank account, under the terms set out herein.

3.2.2. User’s declarations

Users declare and attest that they are fully and completely aware that:

Access to the features, functionalities, services, products, and/or other benefits of the Entrepreneur Hub necessarily depends on the processes provided for in these Hub Terms, in particular, the processes referred to in item 3, according to this instrument, as well as the other terms, policies, and regulations of BHUB;

They shall keep their IDs, passwords, and/or other access codes relating to the API confidential and protected from all unauthorized persons, in accordance with good information security and privacy practices, and in accordance with the provisions set forth in these Hub Terms and BHUB’s other terms, policies and regulations;

BHUB does not carry out any transactions on the bank accounts integrated into the Entrepreneur Hub, nor does it interfere in any way with its assets or liabilities, access to which is restricted to the reading and processing of data, in accordance with this instrument and BHUB’s other terms, policies, and regulations;

Due to the nature and purposes for which the Entrepreneur Hub is intended, BHUB may access, collect, process, store, update, share, dispose of, in short, process personal data (“Processing”), under the LGPD, in particular art. 5, item X, in accordance with these Hub Terms, as well as the other terms, policies and regulations of BHUB, in particular the Privacy Policy, subject to the applicable legislation and legal bases in force. The Processing extends to all the Group’s companies, which may even be located and/or headquartered outside Brazil, in which case the legislation in force in the countries in which these companies are located and/or headquartered shall also be complied with;

The financial data obtained by BHUB depends on the services provided by the financial institutions to which the bank accounts indicated by the user are linked. Therefore, despite the efforts to maintain the timeliness and accuracy of the information available on the Entrepreneur Hub, BHUB does not guarantee that the data obtained from these institutions is free of flaws or inaccuracies. Under no circumstances shall BHUB be liable for any such faults or inaccuracies;

They are the sole and exclusive liable for checking any and all information made available on the Entrepreneur Hub, starting with the financial data referred to in item 5 above, before basing any decision on it. Under no circumstances shall BHUB be responsible for checking this information;

They are the sole and exclusive liable for making decisions based on the information available on the Entrepreneur Hub and for the results arising therefrom. Under no circumstances shall BHUB be liable for such decisions and/or the results thereof.

Under no circumstances shall BHUB be liable for any loss or damage caused by hackers and/or programs/codes harmful to the Platform, such as, but not limited to, viruses, worms, denial attacks;

Under no circumstances shall BHUB be liable for products and/or services offered by the financial institutions to which the accounts connected to the Platform, indicated by the user, are linked.

They must comply with this instrument, as well as the other terms, policies, and regulations of BHUB, as well as the applicable legislation in force.

3.2.3 Access Management

BHUB will grant each client’s legal representative one (1) primary access to the Entrepreneur Hub (“Primary User”). The Primary User will have the authority to add, edit, or remove users within the Hub and assign the Primary User profile to another user, thereby transferring the same rights and responsibilities. In this capacity, the Primary User will manage access rights for all other users, ensuring that these rights are limited exclusively to the information and functionalities essential for the proper and efficient performance of their roles. It is imperative that the Primary User exercises due care when configuring access profiles.

BHUB disclaims any liability for direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, business interruption, loss of information or data, or any other harm resulting from:

a) Improper or unauthorized access to the Entrepreneur Hub system, arising from errors, negligence, or lack of diligence by the Primary User in managing access for other users;

b) Inadequate granting of access permissions by the Primary User that results in the exposure of personal data or sensitive information, when not undertaken by BHUB;

c) Data breaches caused by malicious acts, such as cyberattacks, social engineering, or any other form of unauthorized access to the devices of the Primary User or users with access granted by them;

d) Coercion or undue influence on the Primary User leading to unauthorized access grants to third parties, whether by physical, psychological, or manipulative means;

e) Misconfigurations in access profiles managed by the Primary User that enable inappropriate viewing or handling of information;

f) Failures in safeguarding the personal data of users added by the Primary User, arising from poor access management or lack of consent from data subjects;

g) Any breach of legal or regulatory obligations, including but not limited to data protection laws, resulting from inadequate management of access and handling of personal data by the Primary User.

Should any of the above events occur, or in the case of any other incident, BHUB must be notified immediately to take appropriate measures, in accordance with its internal processes and deadlines. BHUB is committed to providing necessary support to the extent of its capabilities and applicable timeframes.

Each Primary User who adds other users to the Entrepreneur Hub acts as the data controller for the personal data accessible by these new users. The Primary User is responsible for ensuring the accuracy of the information provided and for guaranteeing that the entry of personal data and granting of access are performed with the data subjects’ explicit consent.

The user is responsible for ensuring that personal data processing strictly complies with applicable data protection laws. Non-compliance with legal obligations related to privacy and data protection may result in civil and/or criminal liability, and the user will be held accountable for any violations resulting from improper access and processing of data.

WHICH INFORMATION/DATA DO WE COLLECT IN THE ENTREPRENEUR HUB?

BHUB respects the rights to personality and privacy and hereby undertakes to use the data/information made available on the Entrepreneur Hub as described in these Hub Terms, as well as in the General Terms, the Privacy Policy, the Cookies Policy, other regulations of this company and in compliance with current applicable legislation, in particular the LGPD, in the case of personal data.

Considering the nature and purpose of the Entrepreneur Hub, the following personal and business data shall be collected:

Identification/registration information (“Identification/Registration Information”): name/surname, e-mail address, telephone number, access data, as well as company name, and CNPJ.

The company’s banking/financial information (“Banking/Financial Information”): bank, branch, account, overdraft, balances, transactions, investments, loans, credit.

Browsing/device information on our websites/applications (“Browsing/Device Information”): IP address, geographical location, reference source, type of browser, duration/frequency of visits, and pages visited by the user. This information is usually obtained through cookies installed in your browser. For more information, please visit our Cookies Policy.

Identification/Registration Information, Banking/Financial Information, Browsing/Device Information and/or other data collected and used by BHUB may be kept and stored in the following cases: (i) for as long as the user’s registration, account, and/or use of the Entrepreneur Hub’s features, functionalities, services, products, and/or other benefits remain active; and (ii) for as long as necessary: (ii.i) for the resolution of any dispute or litigation, (ii.ii) by judicial determination and/or by an entity with jurisdiction over the activities of BHUB; (ii.iii) to comply with a specific legal provision, under the legislation in force; and (ii.v) for as long as they are necessary to maintain the legitimate interests of BHUB, under the law.

PURPOSE AND USE OF DATA/INFORMATION

The data/information referred to in item 4 of these Hub Terms may be processed by BHUB for the following purposes, subject to the applicable legislation and legal bases in force:

(i) To provide/use the features, functionalities, services, products, and/or other benefits of the Entrepreneur Hub, as well as to launch new products and/or services;

(ii) Sending information requested on our websites/applications/platforms, in particular through the Entrepreneur Hub;

(ii) Sending news, products and services offers, announcements, and/or other information, always related to topics of interest to the registered users;

(iv) Carrying out surveys/statistics, disclosing events, and other matters that may be of interest to the registered user;

(v) Advertising according to the interests and preferences of the registered users, as well as for the customization of the services, products, and/or other benefits, in order to adapt them to such interests and preferences;

(vi) Customer support, service and/or related services.

Once again, we would like to point out that, despite the provisions of the previous sections, you can unsubscribe from receiving advertising messages at any time. For more information on canceling your registration and/or changing/deleting your personal data, please visit our Privacy Policy.

We also point out that BHUB may share personal data processed with companies located in other countries, such as Google, Microsoft, and/or Amazon, mainly for cloud storage, as stated in its Privacy Policy.

BHUB hereby informs that, in the event of an international data transfer, this shall take place according to the security measures necessary to ensure confidentiality, integrity, and availability of the personal data transferred, in compliance with the applicable legislation in force, in particular the LGPD.

INTELLECTUAL PROPERTY RIGHT

Any and all techniques, ideas, concepts, methods, processes, software, utilities, data, documents, directories, designs, user interfaces, know-how, graphics, images, photographs, logos, slogans, sounds, trademarks, texts, statements, drawings, including domain names, user interfaces and color combinations used, incorporated and contained in our websites/applications/platforms, including the Entrepreneur Hub, constitute the sole and exclusive intellectual property of BHUB or are duly authorized and licensed by third parties/partners. The use, reproduction, distribution, or display, in whole or in part, of any intellectual property of BHUB by the user or by any third party is not permitted or authorized without their prior, express and written consent.

Any content, features, functionalities, and tools made available on our websites/applications/platforms are the property of BHUB and/or, where applicable, of third parties/partners, under the terms of any agreements signed between BHUB and the respective third-party/partners, being understood that: (i) under no circumstances may such ownership be claimed by the user of our sites/applications; and (ii) if said content, features, functionalities, and tools are the property of third parties/partners, BHUB shall obtain the necessary rights, authorizations and licenses.

The user hereby undertakes not to carry out any of the activities listed below and, in the event of a breach, must fully indemnify BHUB, its affiliates, and/or subsidiaries for any and all damage caused, regardless of its nature, without prejudice to the applicable legal sanctions:

to copy, store, modify, prepare works, distribute, license, sell, transfer, publicly display, publicly perform, transmit, or exploit any software that is part of our websites/applications/platforms, including the Entrepreneur Hub, as well as any content owned by us, except to the extent expressly permitted by BHUB, due to the use of the features, functionalities, services, products, and/or other benefits made available by BHUB;

attempt to expose the source code or attempt to recreate any software that is part of our websites/applications/platforms;

use software, devices, scripts, manual or automated robots, or any other means or process to access or track any web pages or other services contained on our websites/applications/platforms, including the Entrepreneur Hub;

violate the rights of any person or entity, including, without limitation, their intellectual property, privacy, publicity, and/or contractual rights;

attempt to probe, scan, or test the vulnerability of any BHUB system or network or breach any security or authentication measures;

avoid, ignore, remove, disable, impair, decrypt, or circumvent any technological measure implemented by BHUB, any of its suppliers, or any other third party to protect its websites/applications/platforms;

forge any TCP/IP packet elements or any parts of such elements in any e-mail posting or newsgroup, or in any way use our websites/applications/platforms, including the Entrepreneur Hub, and/or the features, functionalities, services, products, and/or other benefits made available by BHUB to submit altered, misleading or false source identifying information;

attempt to decipher, decompile, disassemble, or reverse engineer any software used by BHUB for the supply of its products and/or the provision of its services;

advocate, encourage, or assist any third party to do any of the above;

use BHUB’s websites/applications/platforms for any activities not provided for herein and in BHUB’s other terms, policies, and regulations.

If there is evidence of any of the above activities, BHUB may, at its sole and exclusive discretion, suspend or close the account of the subversive user, being understood that any suspension or termination of the user’s account, under the terms indicated above, shall not exempt the user from any of their obligations.

DATA SECURITY POLICY, INFORMATION AND COMMUNICATIONS

BHUB always seeks to use adequate and appropriate processes, techniques, mechanisms, and prevention procedures, in accordance with current technology, to ensure proper protection against any security incidents, occurrences, or suspicions of unauthorized access, use, changes, appropriation, and/or destruction by third parties, which may compromise or threaten the integrity, confidentiality, authenticity, and/or availability of the information/data collected by us.

We make every effort, in accordance with current technology, to protect the personal data of users of our websites/applications/platforms against loss, unauthorized use, and/or other types of abuse. For this reason, not only do we store the data/information we collect in a secure operating environment, inaccessible to the general public, but we may also make anonymous or encrypt them for reasons of relevance, provided that this does not make it impossible for BHUB to use them in the supply of its Products and/or in the provision of its Services.

BHUB, at its sole and exclusive discretion, may ban from its environments users who attempt to damage or tamper with its websites/applications/platforms and/or its security mechanisms, whether through the use of viruses, cancellation bots, Trojan horses, harmful code, denial of service attacks, packet or IP falsification, forged routing or the use of any other method/technology capable of causing damage and/or tampering with BHUB’s environments. Any attempt to do so constitutes a violation of civil and criminal law, and the user must fully indemnify BHUB for any and all damage caused, regardless of its nature, without prejudice to other applicable legal sanctions.

Information on security mechanisms adopted by our partners can be found in their respective policies, terms, and/or regulations, and it is the sole responsibility of each party to adopt measures in accordance with current legislation, in particular the LGPD, for the protection of privacy and any data relating to identified or identifiable natural persons.

CANCELING REGISTRATION OR CHANGING/DELETING DATA/INFORMATION

The information and personal data that we process may be reviewed, changed, and/or updated at any time by the registered user, who may even delete certain data and information, subject to the provisions of these Hub Terms, the Policy, as well as BHUB’s other policies, regulations and contractual relationships, in compliance with the applicable legislation in force, in particular the LGPD.

Personal data shall be securely deleted/made anonymous if: (i) it is not being actively used; (ii) we have no legal obligation to retain it (e.g. for tax purposes); (iii) BHUB is not permitted to keep it for legal and/or compliance reasons; and/or (iv) it is not supported by BHUB’s legitimate interest.

Inaccurate or outdated personal data shall be destroyed or deleted as soon as possible unless it is required to be kept due to a legal obligation to retain it for a certain period and/or the regular exercise of rights.

CONTACT FOR CLARIFICATIONS, QUESTIONS AND EXERCISE OF RIGHTS

Still have questions? Relax! BHUB allows you to ask questions at any time through the channel privacidade@bhub.ai.

If BHUB acts as Controller of the processing of personal data, pursuant to the Policy, it shall also be available for the holder of said data to exercise directly, through its channel, the rights provided for in the LGPD, in particular in its art. 18. If this is not the case and BHUB acts as an Operator pursuant to the Policy, please directly contact the Controller of your personal data processing to exercise these rights.

VERSIONS OF THESE TERMS

These Hub Terms may be revised and updated from time to time by BHUB. Any and all revisions and updates shall only be valid and enter into force at the time of their publication on our websites/applications. Don’t worry! You shall be informed of relevant revisions/updates.

GENERAL PROVISIONS, APPLICABLE LAW AND JURISDICTION

In the event of any discrepancy between this instrument and the General Terms, the provisions of this instrument shall prevail.

This document is governed by the laws of the Federative Republic of Brazil.

The Judicial District of State of São Paulo, of the State of São Paulo, is hereby elected as competent to settle any questions arising from this document, with express waiver of any other, however privileged.

These Hub Terms were last modified on October 23, 2024.

Terms and Conditions of Use Entrepreneur Hub

Hi! BHUB SERVIÇOS E TECNOLOGIA LTDA. (“TECNOLOGIA”), headquartered at Rua Cardeal Arcoverde, nº 2365, 3º andar, Pinheiros, CEP (Zip Code) 05407-003, registered with CNPJ (Corporate Taxpayer Registration) under No. 42.330.545/0001-06, as well as the other companies of BHub group (“BHUB” or “Group”) would like to welcome you!

Thank you for visiting our pages! Before starting your journey on the Entrepreneur Hub platform (“Platform” or “Entrepreneur Hub”), please read these Entrepreneur Hub Terms and Conditions of Use (“Hub Terms”) carefully, as well as the other terms and policies of BHUB, in particular the Privacy and Personal Data Protection Policy (“Privacy Policy”), the General Terms and Conditions (“General Terms”), the Cookie Policy (“Cookies Policy”), and the other regulations governing BHUB’s activities.

The main purpose of the Hub Terms is to regulate the conditions of access to and use of the Entrepreneur Hub, clarifying the features, functionalities, services, products, and/or benefits offered on the Platform, such as, for example, the provision of financial indexes capable of enabling you to better manage your business.

We thank you for your visit and wish you an unforgettable journey in our virtual environments!

IMPORTANT!

BHUB hereby clarifies that, by accessing and/or using any features, functionalities, services, products, and/or benefits of the Entrepreneur Hub, the user is hereby formally bound by these Hub Terms, the Privacy Policy, the General Terms, the Cookies Policy and the other regulations governing the activities of BHUB, in particular the provision of its services and the supply of its products (“Acceptance”).

What does that mean?

Acceptance means that users declare and attest to their full and complete awareness of how their interaction with BHUB shall take place, including concerning the processing of personal data, when using the features, functionalities services, products, and/or other benefits offered on the Entrepreneur Hub.

ATTENTION!

If you do not agree with these Hub Terms and/or the other terms, policies, and regulations of BHUB, please immediately stop using the website, application, and/or Platform, not registering in said environments, not consuming any feature, functionality, service, product or other benefits offered and/or otherwise providing any information to BHUB.

Please be aware that if you do not agree to these Hub Terms, our Privacy Policy, General Terms, Cookies Policy, and/or the other regulations governing the activities of this company, the features, functionalities, services, products, and/or other benefits of the Entrepreneur Hub may not be provided to you.

Although our joint journey cannot continue if the documents above are rejected, your opinion is extremely important to us! Therefore, we kindly ask you to let us know why you disagree so that we can continuously improve our activities.

We at BHUB hereby inform you that we make every reasonable effort, according to current technology, to ensure the security of our websites/applications/platforms, including the Entrepreneur Hub, in the interests of privacy and the protection of the data and information we process, in particular personal data.

Information on access, security, browsing, data processing, and cookies of third parties/partners may be found in their respective policies, terms, and/or regulations, and it is the sole liability of each party to adopt measures according to current legislation, in particular Law No. 13.709/2018 (“General Data Protection Law” or “LGPD”), for the protection of privacy and any data relating to identified or identifiable individuals. Under no circumstances is BHUB liable for the policies, terms, and/or regulations of third-party/partner websites/applications/platforms, nor for the processing of data carried out by them.

We also clarify that these Hub Terms are mainly based on the BHUB’s Privacy Policy <https://bhub.com/politica-de-privacidade/> and General Terms <https://bhub.com/termos-e-condicoes-de-uso/>.

WHAT FEATURES/FUNCTIONALITIES DO WE OFFER IN OUR ENTREPRENEUR HUB?

Through the Entrepreneur Hub, users have free access to financial indicators which, based on data automatically extracted from their bank account(s), allow them to gain greater visibility of their business, as well as greater financial control and more transparent and efficient business management.

By integrating the user’s company bank account(s) with the Entrepreneur Hub, BHub can provide them with financial indexes that automatically indicate, in a graphical, categorized, analytical and up-to-date way, among other information, history, inflows, outflows, and cashburn, enabling a quick analysis on the main transactions and the financial health of your business in real-time.

Without prejudice to the other provisions of these Hub Terms, our Entrepreneur Hub is also intended to allow the user to access information and content related to BHUB, including from third parties/partners, such as: services, products, news, and various announcements related mainly to the back office.

That said, users of Entrepreneur Hub declare full and complete knowledge that they may, subject to the applicable legislation in force, in particular the LGPD, and other provisions contained in the policies and regulations of the BHUB and/or the competent authorities:

(i) receive, via e-mail and/or telephone/WhatsApp, information that has been requested on our websites/applications/platforms, as well as news, offers, and announcements of BHUB products and services, and other related information;

(ii) receive calls and/or direct messages from BHUB employees to answer questions, carry out surveys, and/or provide information on products, services, events, and other related matters;

(iii) receive, via e-mail and/or telephone/WhatsApp, advertising, according to interests and preferences, including in a customized manner;

(iv) have contact with links from third parties/partners while browsing our sites/applications/platforms, related to topics of interest.

Notwithstanding the above, it is possible to unsubscribe from receiving advertising messages at any time. For more information on this, please visit our Privacy Policy.

WHO RUNS THE ENTREPRENEUR HUB?

The Entrepreneur Hub, as well as the features, functionalities, services, products, and/or benefits offered on the Platform, are managed by BHUB, which may grant such powers and rights to third parties/partners, under the law and the agreements signed between BHUB and the respective third parties/partners.

BHUB reserves the right to include, delete, or change the contents, features, and functionalities of the Entrepreneur Hub, as well as to temporarily suspend it at any time, regardless of prior notice. Likewise, you may modify these Hub Terms, the latest version of which shall always be available on our tools for consultation.

INITIAL REGISTRATION, ACCESS AND USE OF THE ENTREPRENEUR HUB

Access to and use of our websites/applications/platforms, including the Entrepreneur Hub, is restricted to persons over the age of 18. Anyone who does not fit this classification shall be automatically banned from our platform.

By accessing, using or otherwise interacting with our websites/applications/platforms, including the Entrepreneur Hub, the user declares to comply with the above conditions. If you are accessing, using or otherwise interacting with our environments on behalf of any organization, you hereby declare that you have all the legal powers to bind said organization to these Hub Terms, to the Privacy Policy, as well as to the other terms, policies, and regulations of BHUB.

3.1. Registration

Registration on our websites/applications/platforms is always optional. However, in order to take advantage of all the features, functionalities, services, products, and/or other benefits offered by BHUB, including those of the Entrepreneur Hub, it is essential to register.

To register on the Entrepreneur Hub, BHUB collects personal data (name/surname, e-mail, telephone/WhatsApp), as well as business data (company name, CNPJ, and bank).

In order to access the Entrepreneur Hub, the user must also create a login and password, as well as carry out the procedures referred to in item 3.2 hereof.

The information provided at the time of registration must be true, complete, and kept up to date. Under no circumstances shall BHUB be liable for any result and/or damage arising from the falsity of the information provided and/or its failure to be updated. BHUB may, at any time, at its sole and exclusive discretion, request the updating and/or provision of data to complete the registration.

Users are liable for the secrecy and confidentiality of all data they provide to BHUB, as well as for the actions and/or omissions carried out in our environments, including regarding the use of login and password. So don’t share them with third parties. Sharing them with third parties is an express breach of these Hub Terms and other BHUB policies, terms, and regulations, and may compromise the security of both the data and our environments. If the user identifies or suspects that a third party has gained access to their login/password, they must immediately change it in our systems or request assistance to do so through the channels indicated in these Hub Terms.

If BHUB finds, through testing, that the user’s credentials (login/password) have been compromised (made accessible by third parties), for security reasons and in order to prevent inappropriate access to the user’s account and data, BHUB may preventively suspend said credentials. BHUB may also, at its sole and exclusive discretion, prevent the creation of new registrations or cancel those already made if it detects any adversity capable of compromising its environments and/or other users.

3.2. Use of our websites/applications/platforms

It is hereby declared and acknowledged that any and all actions or omissions during the use of our websites/applications/platforms, including the Entrepreneur Hub shall be the user’s sole and full liability, and BHUB, its affiliates, and/or subsidiaries shall be held harmless from any claims and/or liabilities arising therefrom, as well as indemnified for any losses, damages and/or expenses incurred, including, but not limited to, attorneys’ fees and court costs, which they may suffer as a result of such actions or omissions.

Users are solely and exclusively liable for the means they use to access BHUB’s sites/applications/platforms, including but not limited to devices, internet providers, and/or browsers, and therefore exclusively assume the risk of any possible breach of privacy and/or security arising from such means.

3.2.1. Connecting the user’s bank account(s) to the Entrepreneur Hub

In order to take advantage of the features and functionalities made available by the Entrepreneur Hub, users must authorize BHUB to connect to the bank accounts indicated by them and thus access/process the financial data associated with it, in accordance with these Hub Terms and other BHUB policies, terms and regulations, subject to the applicable legislation in force.

Users declare full and complete knowledge that, to connect the aforementioned bank account(s) to the Entrepreneur Hub, BHUB shall rely on the assistance of the partner Belvo., whose policies and terms of use can be accessed via the following link: Policies and Terms of Use

In order to connect the bank accounts indicated by the user to the Entrepreneur Hub, the user must:

expressly authorize BHUB to connect to said accounts, access the financial data associated with it and carry out

any periodic synchronizations;

expressly authorize Belvo. to carry out the integration between the bank accounts and the Entrepreneur Hub, via API, providing BHUB with access to the financial data associated with said accounts;

fill in certain fields for integrating said bank accounts and the Entrepreneur Hub, providing bank details such as: bank, branch, account, login, and/or password.

Users also declare that they are fully aware that they may revoke, at any time, the authorization referred to in the above items, and it is certain that, upon revocation, the Entrepreneur Hub, as well as its features, functionalities, services, products, and/or other benefits shall be unavailable to the user. In order to access and use the Entrepreneur Hub again, the user must authorize a new connection to their bank account, under the terms set out herein.

3.2.2. User’s declarations

Users declare and attest that they are fully and completely aware that:

Access to the features, functionalities, services, products, and/or other benefits of the Entrepreneur Hub necessarily depends on the processes provided for in these Hub Terms, in particular, the processes referred to in item 3, according to this instrument, as well as the other terms, policies, and regulations of BHUB;

They shall keep their IDs, passwords, and/or other access codes relating to the API confidential and protected from all unauthorized persons, in accordance with good information security and privacy practices, and in accordance with the provisions set forth in these Hub Terms and BHUB’s other terms, policies and regulations;

BHUB does not carry out any transactions on the bank accounts integrated into the Entrepreneur Hub, nor does it interfere in any way with its assets or liabilities, access to which is restricted to the reading and processing of data, in accordance with this instrument and BHUB’s other terms, policies, and regulations;

Due to the nature and purposes for which the Entrepreneur Hub is intended, BHUB may access, collect, process, store, update, share, dispose of, in short, process personal data (“Processing”), under the LGPD, in particular art. 5, item X, in accordance with these Hub Terms, as well as the other terms, policies and regulations of BHUB, in particular the Privacy Policy, subject to the applicable legislation and legal bases in force. The Processing extends to all the Group’s companies, which may even be located and/or headquartered outside Brazil, in which case the legislation in force in the countries in which these companies are located and/or headquartered shall also be complied with;

The financial data obtained by BHUB depends on the services provided by the financial institutions to which the bank accounts indicated by the user are linked. Therefore, despite the efforts to maintain the timeliness and accuracy of the information available on the Entrepreneur Hub, BHUB does not guarantee that the data obtained from these institutions is free of flaws or inaccuracies. Under no circumstances shall BHUB be liable for any such faults or inaccuracies;

They are the sole and exclusive liable for checking any and all information made available on the Entrepreneur Hub, starting with the financial data referred to in item 5 above, before basing any decision on it. Under no circumstances shall BHUB be responsible for checking this information;

They are the sole and exclusive liable for making decisions based on the information available on the Entrepreneur Hub and for the results arising therefrom. Under no circumstances shall BHUB be liable for such decisions and/or the results thereof.

Under no circumstances shall BHUB be liable for any loss or damage caused by hackers and/or programs/codes harmful to the Platform, such as, but not limited to, viruses, worms, denial attacks;

Under no circumstances shall BHUB be liable for products and/or services offered by the financial institutions to which the accounts connected to the Platform, indicated by the user, are linked.

They must comply with this instrument, as well as the other terms, policies, and regulations of BHUB, as well as the applicable legislation in force.

3.2.3 Access Management

BHUB will grant each client’s legal representative one (1) primary access to the Entrepreneur Hub (“Primary User”). The Primary User will have the authority to add, edit, or remove users within the Hub and assign the Primary User profile to another user, thereby transferring the same rights and responsibilities. In this capacity, the Primary User will manage access rights for all other users, ensuring that these rights are limited exclusively to the information and functionalities essential for the proper and efficient performance of their roles. It is imperative that the Primary User exercises due care when configuring access profiles.

BHUB disclaims any liability for direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, business interruption, loss of information or data, or any other harm resulting from:

a) Improper or unauthorized access to the Entrepreneur Hub system, arising from errors, negligence, or lack of diligence by the Primary User in managing access for other users;

b) Inadequate granting of access permissions by the Primary User that results in the exposure of personal data or sensitive information, when not undertaken by BHUB;

c) Data breaches caused by malicious acts, such as cyberattacks, social engineering, or any other form of unauthorized access to the devices of the Primary User or users with access granted by them;

d) Coercion or undue influence on the Primary User leading to unauthorized access grants to third parties, whether by physical, psychological, or manipulative means;

e) Misconfigurations in access profiles managed by the Primary User that enable inappropriate viewing or handling of information;

f) Failures in safeguarding the personal data of users added by the Primary User, arising from poor access management or lack of consent from data subjects;

g) Any breach of legal or regulatory obligations, including but not limited to data protection laws, resulting from inadequate management of access and handling of personal data by the Primary User.

Should any of the above events occur, or in the case of any other incident, BHUB must be notified immediately to take appropriate measures, in accordance with its internal processes and deadlines. BHUB is committed to providing necessary support to the extent of its capabilities and applicable timeframes.

Each Primary User who adds other users to the Entrepreneur Hub acts as the data controller for the personal data accessible by these new users. The Primary User is responsible for ensuring the accuracy of the information provided and for guaranteeing that the entry of personal data and granting of access are performed with the data subjects’ explicit consent.

The user is responsible for ensuring that personal data processing strictly complies with applicable data protection laws. Non-compliance with legal obligations related to privacy and data protection may result in civil and/or criminal liability, and the user will be held accountable for any violations resulting from improper access and processing of data.

WHICH INFORMATION/DATA DO WE COLLECT IN THE ENTREPRENEUR HUB?

BHUB respects the rights to personality and privacy and hereby undertakes to use the data/information made available on the Entrepreneur Hub as described in these Hub Terms, as well as in the General Terms, the Privacy Policy, the Cookies Policy, other regulations of this company and in compliance with current applicable legislation, in particular the LGPD, in the case of personal data.

Considering the nature and purpose of the Entrepreneur Hub, the following personal and business data shall be collected:

Identification/registration information (“Identification/Registration Information”): name/surname, e-mail address, telephone number, access data, as well as company name, and CNPJ.

The company’s banking/financial information (“Banking/Financial Information”): bank, branch, account, overdraft, balances, transactions, investments, loans, credit.

Browsing/device information on our websites/applications (“Browsing/Device Information”): IP address, geographical location, reference source, type of browser, duration/frequency of visits, and pages visited by the user. This information is usually obtained through cookies installed in your browser. For more information, please visit our Cookies Policy.

Identification/Registration Information, Banking/Financial Information, Browsing/Device Information and/or other data collected and used by BHUB may be kept and stored in the following cases: (i) for as long as the user’s registration, account, and/or use of the Entrepreneur Hub’s features, functionalities, services, products, and/or other benefits remain active; and (ii) for as long as necessary: (ii.i) for the resolution of any dispute or litigation, (ii.ii) by judicial determination and/or by an entity with jurisdiction over the activities of BHUB; (ii.iii) to comply with a specific legal provision, under the legislation in force; and (ii.v) for as long as they are necessary to maintain the legitimate interests of BHUB, under the law.

PURPOSE AND USE OF DATA/INFORMATION

The data/information referred to in item 4 of these Hub Terms may be processed by BHUB for the following purposes, subject to the applicable legislation and legal bases in force:

(i) To provide/use the features, functionalities, services, products, and/or other benefits of the Entrepreneur Hub, as well as to launch new products and/or services;

(ii) Sending information requested on our websites/applications/platforms, in particular through the Entrepreneur Hub;

(ii) Sending news, products and services offers, announcements, and/or other information, always related to topics of interest to the registered users;

(iv) Carrying out surveys/statistics, disclosing events, and other matters that may be of interest to the registered user;

(v) Advertising according to the interests and preferences of the registered users, as well as for the customization of the services, products, and/or other benefits, in order to adapt them to such interests and preferences;

(vi) Customer support, service and/or related services.

Once again, we would like to point out that, despite the provisions of the previous sections, you can unsubscribe from receiving advertising messages at any time. For more information on canceling your registration and/or changing/deleting your personal data, please visit our Privacy Policy.

We also point out that BHUB may share personal data processed with companies located in other countries, such as Google, Microsoft, and/or Amazon, mainly for cloud storage, as stated in its Privacy Policy.

BHUB hereby informs that, in the event of an international data transfer, this shall take place according to the security measures necessary to ensure confidentiality, integrity, and availability of the personal data transferred, in compliance with the applicable legislation in force, in particular the LGPD.

INTELLECTUAL PROPERTY RIGHT

Any and all techniques, ideas, concepts, methods, processes, software, utilities, data, documents, directories, designs, user interfaces, know-how, graphics, images, photographs, logos, slogans, sounds, trademarks, texts, statements, drawings, including domain names, user interfaces and color combinations used, incorporated and contained in our websites/applications/platforms, including the Entrepreneur Hub, constitute the sole and exclusive intellectual property of BHUB or are duly authorized and licensed by third parties/partners. The use, reproduction, distribution, or display, in whole or in part, of any intellectual property of BHUB by the user or by any third party is not permitted or authorized without their prior, express and written consent.

Any content, features, functionalities, and tools made available on our websites/applications/platforms are the property of BHUB and/or, where applicable, of third parties/partners, under the terms of any agreements signed between BHUB and the respective third-party/partners, being understood that: (i) under no circumstances may such ownership be claimed by the user of our sites/applications; and (ii) if said content, features, functionalities, and tools are the property of third parties/partners, BHUB shall obtain the necessary rights, authorizations and licenses.

The user hereby undertakes not to carry out any of the activities listed below and, in the event of a breach, must fully indemnify BHUB, its affiliates, and/or subsidiaries for any and all damage caused, regardless of its nature, without prejudice to the applicable legal sanctions:

to copy, store, modify, prepare works, distribute, license, sell, transfer, publicly display, publicly perform, transmit, or exploit any software that is part of our websites/applications/platforms, including the Entrepreneur Hub, as well as any content owned by us, except to the extent expressly permitted by BHUB, due to the use of the features, functionalities, services, products, and/or other benefits made available by BHUB;

attempt to expose the source code or attempt to recreate any software that is part of our websites/applications/platforms;

use software, devices, scripts, manual or automated robots, or any other means or process to access or track any web pages or other services contained on our websites/applications/platforms, including the Entrepreneur Hub;

violate the rights of any person or entity, including, without limitation, their intellectual property, privacy, publicity, and/or contractual rights;

attempt to probe, scan, or test the vulnerability of any BHUB system or network or breach any security or authentication measures;

avoid, ignore, remove, disable, impair, decrypt, or circumvent any technological measure implemented by BHUB, any of its suppliers, or any other third party to protect its websites/applications/platforms;

forge any TCP/IP packet elements or any parts of such elements in any e-mail posting or newsgroup, or in any way use our websites/applications/platforms, including the Entrepreneur Hub, and/or the features, functionalities, services, products, and/or other benefits made available by BHUB to submit altered, misleading or false source identifying information;

attempt to decipher, decompile, disassemble, or reverse engineer any software used by BHUB for the supply of its products and/or the provision of its services;

advocate, encourage, or assist any third party to do any of the above;

use BHUB’s websites/applications/platforms for any activities not provided for herein and in BHUB’s other terms, policies, and regulations.

If there is evidence of any of the above activities, BHUB may, at its sole and exclusive discretion, suspend or close the account of the subversive user, being understood that any suspension or termination of the user’s account, under the terms indicated above, shall not exempt the user from any of their obligations.

DATA SECURITY POLICY, INFORMATION AND COMMUNICATIONS

BHUB always seeks to use adequate and appropriate processes, techniques, mechanisms, and prevention procedures, in accordance with current technology, to ensure proper protection against any security incidents, occurrences, or suspicions of unauthorized access, use, changes, appropriation, and/or destruction by third parties, which may compromise or threaten the integrity, confidentiality, authenticity, and/or availability of the information/data collected by us.

We make every effort, in accordance with current technology, to protect the personal data of users of our websites/applications/platforms against loss, unauthorized use, and/or other types of abuse. For this reason, not only do we store the data/information we collect in a secure operating environment, inaccessible to the general public, but we may also make anonymous or encrypt them for reasons of relevance, provided that this does not make it impossible for BHUB to use them in the supply of its Products and/or in the provision of its Services.

BHUB, at its sole and exclusive discretion, may ban from its environments users who attempt to damage or tamper with its websites/applications/platforms and/or its security mechanisms, whether through the use of viruses, cancellation bots, Trojan horses, harmful code, denial of service attacks, packet or IP falsification, forged routing or the use of any other method/technology capable of causing damage and/or tampering with BHUB’s environments. Any attempt to do so constitutes a violation of civil and criminal law, and the user must fully indemnify BHUB for any and all damage caused, regardless of its nature, without prejudice to other applicable legal sanctions.

Information on security mechanisms adopted by our partners can be found in their respective policies, terms, and/or regulations, and it is the sole responsibility of each party to adopt measures in accordance with current legislation, in particular the LGPD, for the protection of privacy and any data relating to identified or identifiable natural persons.

CANCELING REGISTRATION OR CHANGING/DELETING DATA/INFORMATION

The information and personal data that we process may be reviewed, changed, and/or updated at any time by the registered user, who may even delete certain data and information, subject to the provisions of these Hub Terms, the Policy, as well as BHUB’s other policies, regulations and contractual relationships, in compliance with the applicable legislation in force, in particular the LGPD.

Personal data shall be securely deleted/made anonymous if: (i) it is not being actively used; (ii) we have no legal obligation to retain it (e.g. for tax purposes); (iii) BHUB is not permitted to keep it for legal and/or compliance reasons; and/or (iv) it is not supported by BHUB’s legitimate interest.

Inaccurate or outdated personal data shall be destroyed or deleted as soon as possible unless it is required to be kept due to a legal obligation to retain it for a certain period and/or the regular exercise of rights.

CONTACT FOR CLARIFICATIONS, QUESTIONS AND EXERCISE OF RIGHTS

Still have questions? Relax! BHUB allows you to ask questions at any time through the channel privacidade@bhub.ai.

If BHUB acts as Controller of the processing of personal data, pursuant to the Policy, it shall also be available for the holder of said data to exercise directly, through its channel, the rights provided for in the LGPD, in particular in its art. 18. If this is not the case and BHUB acts as an Operator pursuant to the Policy, please directly contact the Controller of your personal data processing to exercise these rights.

VERSIONS OF THESE TERMS

These Hub Terms may be revised and updated from time to time by BHUB. Any and all revisions and updates shall only be valid and enter into force at the time of their publication on our websites/applications. Don’t worry! You shall be informed of relevant revisions/updates.

GENERAL PROVISIONS, APPLICABLE LAW AND JURISDICTION

In the event of any discrepancy between this instrument and the General Terms, the provisions of this instrument shall prevail.

This document is governed by the laws of the Federative Republic of Brazil.

The Judicial District of State of São Paulo, of the State of São Paulo, is hereby elected as competent to settle any questions arising from this document, with express waiver of any other, however privileged.

These Hub Terms were last modified on October 23, 2024.

GENERAL TERMS AND CONDITIONS FOR CONTRACTING SERVICES (“T&C”) – CAAS

1. DEFINITIONS

1.1.      The expressions below, whenever used in this document, in the singular or plural, shall have the meaning attributed to them as follows:

(i)        “BHUB” means BHub Serviços e Tecnologia Ltda, a limited liability company, with registered office in the City of São Paulo, State of São Paulo, at Rua Cardeal Arcoverde n° 2365, Pinheiros, CEP (Zip Code) 05407-003, registered with CNPJ (Corporate Taxpayer Registration) under No. 42.330.545/0001-06 (“BHub Tecnologia“) and, as applicable and when acting jointly with BHub Tecnologia (a) for the purposes of providing accounting and financial products, BHub Contabilidade Ltda., a limited liability company, registered with CNPJ/ME under No. 43.618.130/0001-03, with registered office in the City of São Paulo, State of São Paulo, at Rua Cardeal Arcoverde nº 2365, 3º andar, conjunto 31, Pinheiros, CEP 05407-003 (“BHub Contabilidade“)     ; and (b) for the purposes of providing paralegal services, BHub Serviços de Paralegal LTDA, a limited liability company, registered with CNPJ/ME under No. 51.097.182/0001-00, with registered office in the City of São Paulo, State of São Paulo, at Rua Cardeal Arcoverde nº 2365, 3º andar, conjunto 33-Parte, Pinheiros, CEP 05.407-003 (“BHub Paralegal“);

(ii)       “CONTRACTING PARTY” means the individuals or legal entities indicated and qualified in Clause 1 of the Summary Table ;

(iii)       “Agreement” jointly means these T&C, the BHUB T&C, the Summary Table and the Business Proposal sent to the CONTRACTING PARTY; and

(iii)       “Summary Table” means the Summary Table of the Service Agreement signed by the CONTRACTING PARTY and BHUB.

2. PRODUCT

2.1.      Accounting as a Service (“CaaS“)

3. SCOPE

3.1.      The CaaS services to be provided by BHUB to the CONTRACTING PARTY (“Services“) comprise the activities described in Clause 3 of the Summary Table, and may include, among others, those indicated below, according to the contracted scope:

(a) Personnel Department (“DP“):

  • Generates information and calculations relating to Payroll and Salary Advances, as well as their respective charges within their terms: Payroll, Net Wages, Receipts, and Vacation Scheduling.
  • Provision of severance calculations, according to the collective agreement and legislation: TRCT (Termination Agreement), GRRF (Payment Slip for Termination) FGTS (Guarantee Fund for Length of Service) FINE (when applicable), FGTS Statement, FGTS Movement Key, SD – Unemployment Insurance (via web since 04/01/2015) and Homologation (when requested by the CONTRACTING PARTY – Consult Amounts for this service).
  • Carry out recalculations when requested by the CONTRACTING PARTY (for an additional charge): FGTS, Payroll, Salary Advance, Vacation, Termination, etc.
  • Availability of vacation calculations and Vacation Receipts.
  • Provision of admission contracts: Admission KIT (registration form, employment contract, and label) as provided for by Law.
  • Forward the income report of employees, interns, and freelancers who have been processed through the payroll.
  • Transmitting eSocial events.

(b) Accounting:

  • Bookkeeping;
  • Reconciliation of tax, DP and Financial Integrations;
  • Trial Balance Sheet Preparation;
  • Preparation of DRE (Income Statement);
  • Balance Sheet Preparation;
  • Delivery of Monthly Closing Documentation;
  • Delivery of the Annual Closing Documentation;
  • Delivery of accessory obligations (ECD/ECF/DIRF/IBGE Equivalent Circulation Density/Equivalent Circulation Density/Individual Income Tax Return/Brazilian Institute of Geography and Statistics).

(c) Tax:

  • Importing invoices (Services taken, services provided, goods receipt and issue invoices, bills of lading);
  • Bookkeeping of invoices in the ERP (Enterprise Resource Planning);
  • Calculation of federal/state/municipal taxes (ISSQN – Tax On Services of Any Nature, PIS – Social Integration Program, COFINS – Contribution for the Financing of Social Security, ICMS – State Goods and Services Tax, ICMS ST – Tax Substitution, IRRF – Individual Tax Return, CSRF, INSS – National Institute of Social Securit), CSLL – Social C ontribution on Net Income, IRPJ – Legal Entity Tax Return, IOF – Tax on Financial Operations, CIDE – Contribution for Intervention in the Economic Domain, IPI – Tax on Manufactured Products, TFE – Operating Tax, Fees);
  • Preparation and delivery of accessory obligations at federal, state, and municipal levels (Sped fiscal EFD ICMS/IPI, EFD Contribuições, EFD Reinf, GIA, DCTF Web, DCTF Original, DIRF, DSTDA, Sintegra, Assessment of the Simples Nacional, DASN, DEFIS, GIA ST).

4. PRICE

4.1.      The amount referred to in clause 4 of the Summary Table (“Price“) considers the following criteria: (i) number of employees; (ii) tax regime; (iii) type of activity carried out; (iv) number of tax documents (relating to sales, purchases and services); (v) monthly turnover; (vi) number of branches, among others, previously communicated by the CONTRACTING PARTY, and may be adjusted according to the business proposal sent to the CONTRACTING PARTY.

4.2.      In the case of services based on previously established assumptions, according to the Summary Table, the amount(s) owed by the CONTRACTING PARTY to the BHUB may be revised automatically and at any time, should these assumptions change.

4.3.      The Price may be readjusted annually at the beginning of each fiscal year by the positive variation of the IPCA (National Extended Consumer Price Index)/IBGE or another that replaces it and is appropriate, as understood by BHUB to correct the Services.

4.4.      Should any change occur that influences costs and/or makes it economically unfeasible for BHUB to maintain the plans and/or the agreed amounts, BHUB may adjust the said amounts and/or the plans, or even terminate them.

4.4.1.   If this happens, BHUB shall notify the CONTRACTING PARTY about this adjustment thirty (30) days in advance, so the CONTRACTING PARTY can choose one of the existing plans. If the CONTRACTING PARTY does not express its acceptance within the aforementioned term, i.e. within thirty (30) days from the date of communication, BHUB shall automatically migrate to the plan which, at its sole discretion, is the most appropriate, and the CONTRACTING PARTY shall be charged according to the new amounts.

4.4.2.   If the CONTRACTING PARTY does not agree with the new plans, it may terminate this Agreement, without entailing any compensation and/or fine, at which time only the amounts relating to the services provided up to the date of termination shall be due.

4.5.      If the CONTRACTING PARTY becomes inactive (no movement) or has low movement, the CONTRACTING PARTY shall not be exempt from paying the monthly fee, nor shall it be entitled to rebates. This happens because the accounting, tax, and labor obligations continue to exist, regardless of movement, and, therefore, BHUB shall continue to provide the aforementioned Services as usual, until their cancellation is requested and/or any contractual termination occurs.

4.6.      The CONTRACTING PARTY acknowledges and agrees that if the CONTRACTING PARTY fails to make the payments due under this Agreement, the SERVICE PROVIDER may terminate the Agreement and charge the CONTRACTING PARTY the overdue amounts and applicable fines.

4.7.      The overdue amounts shall be subject to a late payment fine of two percent (2%), interest on arrears of one percent (1%) per month, and monetary restatement by the IPCA/IBGE, all calculated pro rata die, and the CONTRACTING PARTY shall not be liable under any circumstances for damages caused during the period of default.

4.8.      Non-payment of two (2) consecutive monthly fees (in the case of services contracted in the form of a monthly fee) shall result in automatic termination of the Agreement, regardless of notification without prejudice to the provisions of item 4.6 above.

5. ADDITIONAL AMOUNTS

5.1.      All possible charges, costs, expenses, guides, taxes, fees, and other expenses paid by BHUB on behalf of the CONTRACTING PARTY, including, without limitation, those required by City Halls, the Internal Revenue Service, Trade Boards, State and Municipal Finance Departments, sworn translators, notary publics, among others that are not expressly included in the Price shall be charged to the CONTRACTING PARTY in the invoice for the month immediately following the month in which payments are made.

5.2.      Any amounts spent on materials to perform the Services, such as books, postage, stamps, file folders, CDS, copies, etc. may be paid in advance by BHUB, but must be reimbursed by the CONTRACTING PARTY in the invoice for the month immediately following the month in which the payments are completed.

5.3.        Additional services may, from time to time, at the sole discretion of BHub, be contracted by e-mail, at the prior written request of the CONTRACTING PARTY, the provision of which is subject to collection by BHUB. It is the CONTRACTING PARTY’s sole responsibility to inform its members, agents, employees, and/or service providers about this form of contracting the additional services in question, understanding as a request duly formalized by the CONTRACTING PARTY, for all legal purposes, any requests for additional services forwarded to BHub.

5.4.      Demands that are not described in Clause 3 of the Summary Table and that involve monitoring inspections, Due Diligence, and/or delivery of any written document related to social security, accounting, and/or tax consultations are not included in the scope of the Services, nor the Price, and shall be charged separately to the CONTRACTING PARTY in the month immediately following the month in which they are completed.

6. RULES FOR THE SERVICE PROVISION

6.1.      The Services shall not be provided to companies: (i) trading in import and export activities; (ii) whose employees’ pay is calculated in hours (hourly), days (daily), weeks, or intermittent agreements.

6.2.1.   Should any of the conditions listed in Clause 6.1 come into existence during the performance of the Agreement, BHUB reserves the right to terminate the Agreement immediately, regardless of prior notice.

6.2.2.   If, during the performance of the Agreement, the CONTRACTING PARTY sets up new subsidiaries, the CONTRACTING PARTY hereby acknowledges that the performance by BHUB of the Services related to such new subsidiaries shall be subject to additional costs in the amount of the Agreement.

6.3.      BHUB shall not be liable for the understandings given by class representation or regulatory authorities regarding the activities carried out by the CONTRACTING PARTY.

7. CONTRACTING PARTY’S OBLIGATIONS AND STATEMENTS

7.1.      For the proper and correct provision of the Services, the CONTRACTING PARTY undertakes to:

(i) Acquire the Digital Certificate Template A1, if it doesn’t have one yet. Without it, BHUB is unable to provide the Services that depend on it, in particular, to deliver a statement, the failure of which shall subject the CONTRACTING PARTY to penalties which, under no circumstances, shall be reimbursed by BHUB;

(ii) Provide, MONTHLY OR WHEN REQUESTED BY BHUB, the tax-accounting documentation requested, electronically, through the BHUB Platform or other means indicated by BHUB, within the term previously informed by BHUB.

(iii) Send electronic invoices via the BHUB Platform (if available for your location) or import said invoices into the BHUB Platform, where applicable;

(iv) Import into the BHUB Platform or other means indicated by BHUB the monthly bank statement, in OFX format or another applicable format, as directed by BHUB;

(v) Send proof of payment of taxes and other expenses through the BHUB Platform or other means indicated by BHUB;

(vi) Respond to all requests from the BHUB for documents and information relating to financial transactions that may have an impact on the accounting information. Under no circumstances shall BHUB be liable for the transmission of incomplete or inaccurate information in the event of not receiving the necessary and/or requested information in time;

(vii) Keep available and up to date with BHUB, especially on the BHUB Platform, all your users and passwords for the City Hall and Internal Revenue Service systems, and the Digital Certificate for transmitting the company’s accounting information to the necessary authorities. Under no circumstances shall BHUB be liable for the failure to send said information if the CONTRACTING PARTY changes the user data and passwords of the systems referred to in this item (vii), including the Digital Certificate, and/or fails to update them with BHUB, in particular on the BHUB Platform.

(viii) Respect all terms indicated by BHUB to enable the correct provision of accounting Services or pay the amounts related to processes for “reopening” the provision of Services due to non-compliance with the term.

(ix) Report every month on payments received, taxes paid and invoices issued;

(x) Before the end of each financial year, read and accept the Management Responsibility Charter, according to Article 3 of CFC Resolution No. 1,590/2020 of the Federal Accounting Council, which shall be made available on the BHUB Platform or other means indicated by BHUB;

(xi) Accessing the BHUB Platform monthly to check the information and communications relating to the company, as well as complying with all the requirements of the terms signed with the BHUB Platform;

(xii) Send employee payrolls to the BHUB Platform or other means indicated by BHUB, where applicable;

(xiii) Take responsibility for the correct filing of all documents, including receipts for expenses and invoices received;

(xiv) Take responsibility for identifying the income and expenditure corresponding to the imported documents;

(xv) Comply with any and all requirements, whenever necessary and requested by any public authorities, within the term allowed by the competent authority;

(xvi) If necessary, register the company with the authorities that regulate its commercial activity;

(xvii) Keeping your registration active and up to date with City Halls and other public authorities.

7.2.      If the BHUB Platform is unavailable, the CONTRACTING PARTY must send its documentation, within the term set out in Clause 7.1, item (ii), by e-mail to meajuda@bhub.com. This shall only be accepted in exceptional cases of systemic unavailability. The unavailability does not, under any circumstances, extend the term for delivery or the CONTRACTING PARTY’s obligation to deliver the documents.

7.3.      BHUB shall be liable for any fines arising from the submission of statements after the legal term and the payment of late taxes, in case its due to the failure to provide the Services, due to the sole and proven fault of the BHUB.

7.3.1.   BHUB is exempt from paying the fines referred to in Clause 7.3 if the CONTRACTING PARTY has given cause, for any reason whatsoever, including but not limited to delays in the delivery of documents and statements or the actions and omissions of external entities and persons who are not employees or service providers of the BHUB, as well as in cases where there is not enough time to perform the Services and/or BHUB does not own the information and documentation necessary to carry out the activity, within the term indicated by BHUB.

7.4.      The CONTRACTING PARTY hereby declares that:

(i) is responsible for its business decisions and its company’s internal controls, and that these are appropriate for the volume of transactions and the type of business activity;

(ii) its activity is not illegal according to the current laws;

(iii) all the documents it generates and shall generate and forward to BHUB for the provision of the Services are suitable, and the CONTRACTING PARTY is liable for the accuracy and legality of each one of them;

(iv) manages stock, counting it, evaluating it, and physically surveying it, and informs and shall continue to inform the BHUB about said stock, accurately, according to the law and with the correct measurement criteria, consistent with reality;

(v) the information recorded in the management and internal control system is controlled and validated with appropriate supporting documentation, and the CONTRACTING PARTY is fully liable for all the contents of the database and electronic files generated;

(vi) is not aware of any facts that have occurred during the period that may affect the financial statements or that may affect the continuity of the company’s operations and undertakes to keep BHUB informed of any and all events that may arise during the contractual relationship to which this instrument refers;

(vii) there was no fraud or violation of laws, rules, or regulations whose effects should be considered for disclosure in the financial statements, or even give rise to the recording of a provision for contingent liabilities, or even fraud involving third parties or practiced by the CONTRACTING PARTY, by any member of the administration or employee in a position of responsibility or trust whose effects should be considered for disclosure in the financial statements, or even give rise to the recording of a provision for contingent liabilities;

(viii) is aware that it is its responsibility to issue invoices, as well as to maintain and update its registration with the municipal authorities and on the BHUB Platform – when and if applicable;

(ix) is aware that it SHALL NOT BE ALLOWED TO EXERCISE BUSINESS ACTIVITY BEFORE COMPLETION OF THE REGISTRATION, pursuant to art. 966 of the Civil Code, nor shall it be able to exercise activity that requires prior licensing before obtaining the respective necessary license.

(x) is aware that bookkeeping and the submission of ancillary statements must, by law, be carried out from the “Date of Opening” shown on the CNPJ Card, and, if monthly advisory services are contracted (“Monthly Advisory Services“), BHUB will have to issue retroactive declarations of non-movement, and may therefore charge retroactive monthly fees (between the date the CNPJ was issued and the moment you can operate), to guarantee your accounting and tax regularity.

(xi) BHUB is authorized to store and change the CONTRACTING PARTY’s passwords, logins, and/or registrations with public bodies, as well as to create new accesses required by law. This authorization includes the possibility for BHUB to generate and sign powers of attorney, including in favor of BHUB, and for the fulfillment of any regulatory, fiscal, or accounting obligation, including those subsequent to the signing of the Agreement, either on behalf of the company or its members (when necessary), in particular, but not limited to, municipal governments (this authorization does not transfer responsibility for issuing invoices to BHUB).

7.5.      Under no circumstances shall BHUB be liable for any investment, costs, lost profits, third-party claims, or costs of supplying substitute goods or services, should the CONTRACTING PARTY commence the activities referred to in item ix above prior to the conclusion of the company opening process, nor shall BHUB be liable for any downtime costs, or any event which may result in damage to the CONTRACTING PARTY.

 

8. GENERAL PROVISIONS

8.1.      In the event of termination, the CONTRACTING PARTY’s documents and Accounting Books, as applicable, shall be made available for delivery to the new technical manager, and the CONTRACTING PARTY shall be responsible for carrying out such delivery, and the technical responsibility of BHUB’s professionals shall not persist from the date of termination, pursuant to CFC Resolution 1590/2020.

8.2      The CONTRACTING PARTY acknowledges and agrees that it is responsible for the payment of any and all fees to be paid before any and all public or governmental authorities whenever necessary for the regular operation of the company, and its attendance and external personal services (due diligence) in these authorities (notary offices, trade boards, city halls) are not included in the services provided by BHUB and may, if available in your area of activity, be contracted separately.

8.3.      BHUB reserves the right to cancel or modify these T&C when it deems it appropriate, notifying this situation through a publication on the website https://www.bhub.com/.

9. EXPIRATION DATE

9.1.      These T&C shall be valid for an indefinite period from September 25, 2023, until their general termination is published via the website https://bhub.com/.

GENERAL TERMS AND CONDITIONS FOR CONTRACTING SERVICES (“T&C”) – FAAS

DEFINITIONS:

1.1. The expressions below, whenever used in this document, in the singular or plural, shall have the meaning attributed to them as follows:

(i) “BHUB” means BHub Serviços e Tecnologia Ltda, a limited liability company, with registered office in the City of São Paulo, State of São Paulo, at Rua Cardeal Arcoverde n° 2365, Pinheiros, CEP (Zip Code) 05407-003, registered with CNPJ (Corporate Taxpayer Registration) under No. 42.330.545/0001-06 (“BHub Tecnologia“) and, as applicable and when acting jointly with BHub Tecnologia (a) for the purposes of providing accounting and financial products, BHub Contabilidade Ltda., a limited liability company, registered with CNPJ/ME under No. 43.618.130/0001-03, with registered office in the City of São Paulo, State of São Paulo, at Rua Cardeal Arcoverde nº 2365, 3º andar, conjunto 31, Pinheiros, CEP 05407-003 (“BHub Contabilidade“)     ; and (b) for the purposes of providing paralegal services, BHub Serviços de Paralegal LTDA, a limited liability company, registered with CNPJ/ME under No. 51.097.182/0001-00, with registered office in the City of São Paulo, State of São Paulo, at Rua Cardeal Arcoverde nº 2365, 3º andar, conjunto 33-Parte, Pinheiros, CEP 05.407-003 (“BHub Paralegal“);

(ii) “CONTRACTING PARTY” means the individuals or legal entities indicated and qualified in Clause 1 of the Summary Table;

(iii) “Agreement” jointly means these T&C, the BHUB T&C, the Summary Table and the Business Proposal sent to the CONTRACTING PARTY; and

(iii) “Summary Table” means the Summary Table of the Service Agreement signed by the CONTRACTING PARTY and BHUB.

PRODUCT

2.1. Finance as a Service (“FaaS“)

SCOPE

3.1. The FaaS services to be provided by BHUB to the CONTRACTING PARTY (“Services“) comprise the activities described in Clause 3 of the Summary Table, and may include, among others, those indicated below, according to the contracted scope:

(a) Daily Accounts Payable activities, including:

  • Including payments in the bank for approval;
  • Classification of the nature of payments for accounting purposes.

(b) Bank reconciliation of bank accounts informed at the time of hiring.

PRICE

4.1. The amount referred to in clause 4 of the Summary Table (“Price“) considers the following criteria: (i) monthly revenue; (ii) number of accounts payable (“CP”) and accounts receivable (“CR”) entries; (iii) number of credit card payments; (iv) number of checking accounts; (v) number of service invoices and slips issued; (vi) number of gateways; (vii) number of transactions on gateways, among others, previously communicated to the CONTRACTING PARTY, and may be adjusted according to the business proposal sent to the CONTRACTING PARTY.

4.2. In the case of services based on previously established assumptions, according to the Summary Table, the amount(s) owed by the CONTRACTING PARTY to the BHUB may be revised automatically and at any time, should these assumptions change.

4.3. The Price may be readjusted annually at the beginning of each fiscal year by the positive variation of the IPCA (National Extended Consumer Price Index)/IBGE or another that replaces it and is appropriate, as understood by BHUB to correct the Services.

4.4. Should any change occur that influences costs and/or makes it economically unfeasible for BHUB to maintain the plans and/or the agreed amounts, BHUB may adjust the said amounts and/or the plans, or even terminate them.

4.4.1. If this happens, BHUB shall notify the CONTRACTING PARTY about this adjustment thirty (30) days in advance, so the CONTRACTING PARTY can choose one of the existing plans. If the CONTRACTING PARTY does not express its acceptance within the aforementioned term, i.e. within thirty (30) days from the date of communication, BHUB shall automatically migrate to the plan which, at its sole discretion, is the most appropriate, and the CONTRACTING PARTY shall be charged according to the new amounts.

4.4.2. If the CONTRACTING PARTY does not agree with the new plans, it may terminate this Agreement, without entailing any compensation and/or fine, at which time only the amounts relating to the services provided up to the date of termination shall be due.

4.5. If the CONTRACTING PARTY becomes inactive (no movement) or has low movement, the CONTRACTING PARTY shall not be exempt from paying the monthly fee, nor shall it be entitled to rebates. The accounting, tax, and labor obligations continue to exist, regardless of movement, and, therefore, BHUB shall continue to provide the aforementioned Services as usual, until their cancellation is requested and/or any contractual termination occurs.

4.6. The CONTRACTING PARTY acknowledges and agrees that if the CONTRACTING PARTY fails to make the payments due under this Agreement, the SERVICE PROVIDER may terminate the Agreement and charge the CONTRACTING PARTY the overdue amounts and applicable fines.

4.7. The overdue amounts shall be subject to a late payment fine of two percent (2%), interest on arrears of one percent (1%) per month, and monetary restatement by the IPCA/IBGE, all calculated pro rata die, and the CONTRACTING PARTY shall not be liable under any circumstances for damages caused during the period of default.

4.8. Non-payment of two (2) consecutive monthly fees (in the case of services contracted in the form of a monthly fee) shall result in automatic termination of the Agreement, regardless of notification without prejudice to the provisions of item 4.7 above.

ADDITIONAL AMOUNTS

5.1. All possible charges, costs, expenses, guides, taxes, fees, and other expenses paid by BHUB on behalf of the CONTRACTING PARTY, including, without limitation, those required by City Halls, the Internal Revenue Service, Trade Boards, State and Municipal Finance Departments, sworn translators, notary publics, among others that are not expressly included in the Price shall be charged to the CONTRACTING PARTY in the invoice for the month immediately following the month in which payments are made.

5.2. Any amounts spent on materials to perform the Services, such as books, postage, stamps, file folders, CDS, copies, etc. may be paid in advance by BHUB, but must be reimbursed by the CONTRACTING PARTY in the invoice for the month immediately following the month in which the payments are completed.

5.3. Additional services may, from time to time, at the sole discretion of BHub, be contracted by e-mail, at the prior written request of the CONTRACTING PARTY, the provision of which is subject to collection by BHUB. It is the CONTRACTING PARTY’s sole responsibility to inform its members, agents, employees, and/or service providers about this form of contracting the additional services in question, understanding as a request duly formalized by the CONTRACTING PARTY, for all legal purposes, any requests for additional services forwarded to BHub.

5.4. Demands that are not described in Clause 3 of the Summary Table and that involve monitoring inspections, Due Diligence, and/or delivery of any written document related to financial consultations are not included in the scope of the Services, nor the Price, and shall be charged separately in the month immediately following the month in which they are completed.

RULES FOR THE SERVICE PROVISION

6.1. The Services can be provided to trade companies provided that: (i) they are opting for the simple national system; (ii) they issue electronic invoices (nfc-e and nf-e); (iii) they have active state registration; and (iv) they operate within the area served by BHUB (available on our website).

6.2. The Services shall not be provided to companies: (i) trading in import and export activities; (ii) whose employees’ remuneration is calculated in hours (hourly workers), days (daily workers), weeks, or intermittent agreements; (iii) that carry out industrial activities or activities treated as industrial; (iv) that operate on a cash basis.

6.2.1. Should any of the conditions listed in Clauses 6.1 and 6.2 above change during the performance of the Agreement and provision of the Services, BHUB reserves the right to terminate the Agreement immediately, regardless of prior notice.

6.3. BHUB shall not be liable for the understandings given by class representation or regulatory authorities regarding the activities carried out by the CONTRACTING PARTY.

CONTRACTING PARTY’S OBLIGATIONS AND STATEMENTS

7.1. For the proper and correct provision of the Services, the CONTRACTING PARTY undertakes to:

(i) Provide, MONTHLY OR WHEN REQUESTED BY BHUB, the tax-accounting documentation necessary for each payment and receipt carried out, electronically, through the BHUB Platform or other means indicated by BHUB, within the term previously informed by BHUB.

(ii) Respond to all requests from the BHUB for documents and information relating to financial transactions. Under no circumstances shall BHUB be liable for the transmission of incomplete or inaccurate information in the event of not receiving the necessary and/or requested information in time.

(iii) Respect all terms indicated by BHUB to enable the correct provision of financial services or pay the amounts related to processes for “reopening” the provision of services due to non-compliance with the term.

(iv) Accessing the BHUB Platform monthly to check the information and communications relating to the company, as well as complying with all the requirements of the terms signed with the BHUB Platform;

(v) Take responsibility for the correct filing of all documents, including receipts for expenses and invoices received.

(vi) Take responsibility for identifying the income and expenditure corresponding to the imported documents.

(vii) Comply with any and all requirements, whenever necessary and requested by any public authorities, within the term allowed by the competent authority.

(viii) If necessary, register the company with the authorities that regulate its commercial activity.

(ix) Keeping your registration active and up to date with City Halls and other public authorities.

7.2. If the BHUB Platform is unavailable, the CONTRACTING PARTY must send its documentation, within the terms described in Clause 7.1, item (ii), by e-mail to meajuda@bhub.com. This shall only be accepted in exceptional cases of systemic unavailability. The unavailability does not, under any circumstances, extend the term for delivery or the CONTRACTING PARTY’s obligation to deliver the documents.

7.3. BHUB shall be liable for any fines arising from the submission of statements after the legal term and the payment of late taxes, which are due to the failure to provide the Services, due to the sole and proven fault of the BHUB.

7.3.1. BHUB is exempt from paying the fines referred to in clause 7.3 if the CONTRACTING PARTY has given cause, for any reason whatsoever, including delays in the delivery of documents and statements or the actions and omissions of external entities and persons who are not employees or service providers of the BHUB, as well as in cases where there is not enough time to perform the Services and/or BHUB does not own the information and documentation necessary to carry out the activity, within the term indicated by BHUB.

7.4. The CONTRACTING PARTY hereby declares that:

i) is responsible for its business decisions and its company’s internal controls, and that these are appropriate for the volume of transactions and the type of business activity;

ii) its activity is not illegal according to the current laws;

iii) all the documents it generates and shall generate and forward to BHUB for the provision of the Services are suitable, and the CONTRACTING PARTY is liable for the accuracy and legality of each one of them;

iv) the information recorded in the management and internal control system is controlled and validated with appropriate supporting documentation, and the CONTRACTING PARTY is fully liable for all the contents of the database and electronic files generated;

v) is aware that it is its responsibility to issue invoices, as well as to maintain and update its registration with the municipal authorities and on the BHUB Platform – when and if applicable;

vi) is aware that it SHALL NOT BE ALLOWED TO EXERCISE BUSINESS ACTIVITY BEFORE COMPLETION OF THE REGISTRATION, pursuant to art. 966 of the Civil Code, nor shall it be able to exercise activity that requires prior licensing before obtaining the respective necessary license.

7.5. Under no circumstances shall BHUB be liable for any investment, costs, lost profits, third-party claims, or costs of supplying substitute goods or services, should the CONTRACTING PARTY commence the activities referred to in item vi above prior to the conclusion of the company opening process, nor shall BHUB be liable for any downtime costs, or any event which may result in damage to the CONTRACTING PARTY.

7.6. The CONTRACTING PARTY declares that it is fully aware that bookkeeping and the submission of accessory declarations must, by law, be carried out from the “Date of Opening” shown on the CNPJ Card.

GENERAL PROVISIONS

8.1. The CONTRACTING PARTY acknowledges and agrees that it is responsible for the payment of any and all fees to be paid before any and all public or governmental authorities whenever necessary for the regular operation of the company, and its attendance and external personal services (due diligence) in these authorities (notary offices, trade boards, city halls) are not included in the services provided by BHUB and may, if available in your area of activity, be contracted separately.

8.2. BHUB reserves the right to cancel or modify these T&C when it deems it appropriate, notifying this situation through a publication on the website https://www.bhub.com/.

EXPIRATION DATE

9.1. These T&C shall be valid for an indefinite period from September 25, 2023, until their general termination is published via the website https://bhub.com/.

Termos e Condições de Uso BHUB PAY

Olá! A BHUB SERVIÇOS E TECNOLOGIA LTDA., com sede na Rua Cardeal Arcoverde, nº 2365, 3º andar, Pinheiros, CEP 05407003, inscrita no CNPJ sob o nº 42.330.545/000106, bem como as demais empresas do grupo BHub (“BHUB” ou “Grupo”) gostariam de lhe dar as boasvindas à BHub Pay (“Plataforma”)!

Os serviços de soluções de pagamento por meios eletrônicos, gestão e custódia de recursos e outros serviços financeiros (“Serviços de Pagamento”) da BHub Pay serão prestados por intermédio da nossa parceira DOCK SOLUÇÕES EM MEIOS DE PAGAMENTO S.A., sociedade anônima com sede no Município de Barueri, Estado de São Paulo, à Avenida Tamboré, n 267, 26º andar, conjunto 261A, sala 01A, Alphaville, CEP 06460000, inscrita no CNPJ/ME sob o nº 08.744.817/000186 (“Instituição de Pagamento” ou “Parceiro”).

Antes de iniciar a sua jornada na BHub Pay, pedimos, por favor, que leia atentamente estes Termos e Condições de Uso (“Termos BHub Pay”), bem como os demais termos e políticas da BHUB e do nosso Parceiro, em especial, a Política de Privacidade e Proteção de Dados Pessoais, disponível no link https://bhub.com/politicadeprivacidade/ (“Política de Privacidade”), os Termos e Condições Gerais, disponível no link https://bhub.com/termosecondicoesde-uso / (“Termos Gerais”), a Política de Cookies, disponível no link https://bhub.com/politicadecookies/ (“Política de Cookies”) e os demais regulamentos que regem as atividades da BHUB.


Os Serviços de Pagamento englobam a abertura de conta de pagamento em nome do usuário (“Conta de Pagamento”), perante a Instituição de Pagamento, que será utilizada na disponibilização do BHub Pay. Os Termos BHub Pay têm como principal finalidade regular as condições de acesso e utilização da nossa Plataforma, trazendo esclarecimentos sobre seus
recursos, funcionalidades, serviços, produtos e/ou benefícios..

Agradecemos, desde logo, a sua visita, desejandolhe uma jornada inesquecível rumo à simplificação do seu backoffice!

IMPORTANTE!

A BHUB esclarece, desde já, que, ao acessar e/ou utilizar quaisquer recursos, funcionalidades, serviços, produtos e/ou benefícios da BHub Pay, o usuário estará automaticamente aderindo e concordando com os presentes Termos e Condições e demais regulamentos que regem as atividades da BHUB, bem como com os Termos da Instituição de Pagamento (“Aceite”).

O que isso significa?

O Aceite significa que o usuário declara e atesta a total e integral ciência sobre a forma com que se dará a sua interação com a BHUB, inclusive no tocante ao tratamento de dados pessoais, ao usufruir dos recursos, funcionalidades, serviços, produtos e/ou outros benefícios ofertados pela BHub Pay.


ATENÇÃO!

A concordância com estes Termos BHub Pay e/ou com os demais termos, políticas e regulamentos da BHUB, assim como aos Termos da Instituição de Pagamento é indispensável para a utilização dos Serviços de Pagamento; de modo que, caso não concorde com qualquer das disposições, o usuário deverá interromper, imediatamente, o uso do site, aplicativo e/ou da Plataforma, não efetuando qualquer cadastro nos referidos ambientes, tampouco consumindo qualquer recurso, funcionalidade, serviço, produto ou outros benefícios ofertados
e/ou fornecendo, de qualquer outro modo, quaisquer informações à BHUB.

Nós envidamos todos os esforços razoáveis, de acordo com a técnica atual, para garantir a segurança dos nossos sites/aplicativos/plataformas em prol da privacidade e da proteção dos dados e das informações que tratamos, em especial os dados pessoais.

As informações sobre acesso, segurança, navegação, tratamento de dados e cookies de terceiros/parceiros constarão na Política de Privacidade e na Política de Cookies da BHUB e no Portal de Privacidade da Instituição de Pagamento. As Partes se comprometem a adotar as medidas que lhe são cabíveis de acordo com a legislação vigente, em especial a Lei nº 13.709/2018 (“Lei Geral de Proteção de Dados pessoais” ou “LGPD”), para a proteção da privacidade e de quaisquer dados relativos a pessoas naturais identificadas ou identificáveis. Em
A BHUB não se responsabiliza pelas políticas, termos e/ou regulamentos dos sites/aplicativos/plataformas de terceiros, tampouco pelo tratamento de dados
por eles realizados.


QUAIS RECURSOS/FUNCIONALIDADES OFERECEMOS NA BHUB PAY?

SERVIÇOS DE PAGAMENTO

Os Serviços de Pagamento serão prestados pela BHUB em conjunto com a Instituição de Pagamento, para: (i) abertura de Conta de Pagamento; e (ii) gestão e custódia de recursos mantidos na Conta de Pagamento de titularidade do usuário (“Funcionalidades”).

Para possibilitar a prestação dos Serviços de Pagamento pela BHUB, bem como a utilização das Funcionalidades, o usuário está ciente e concorda com a abertura da Conta de Pagamento, individual e exclusiva, de sua titularidade, perante a Instituição de Pagamento.

O usuário, neste ato, constitui a BHUB como sua bastante procuradora, outorgandolhe poderes especiais e específicos para, em seu nome e por sua conta e benefício, abrir a Conta de Pagamento e gerir os recursos nela aportados, com a finalidade de, por sua conta e ordem, executar as tarefas comandadas por meio das Funcionalidades disponíveis na Plataforma, nos termos do item 5 do Quadro Resumo.


O usuário autoriza a BHUB a utilizar as informações cadastrais coletadas por estes Termos de Uso ou por outros contratos celebrados perante a BHUB para compartilhamento com a Instituição de Pagamento, visando cumprir com os procedimentos necessários à abertura e manutenção da Conta de Pagamento.

A partir do acesso à Conta de Pagamento, a BHUB prestará serviços relacionados a viabilização de transações autorizadas/solicitadas pelo usuário (“Transações”), para: (i) emissão de instrumentos de cobranças do usuário perante terceiros tomadores de serviços (“Contas a Receber”); (ii) o pagamento de faturas emitidas por terceiros beneficiários em face do usuário; e o pagamento de contas de utilidade pública, documentos de arrecadação de tributos e demais cobranças que tenham o usuário como contribuinte ou responsável tributário
(“Contas a Pagar”), pelos meios de pagamento disponibilizados pela Instituição de Pagamento.

Os serviços de Contas a Pagar dependerá da disponibilidade de recursos suficientes na Conta de Pagamento, que deverão ser carregados previamente pelo usuário conforme instruções divulgadas pela BHUB.

As cobranças emitidas no módulo de Contas a Receber terão o usuário como beneficiário, sendo que os recursos gerados pelos pagamentos serão creditados na Conta de Pagamento no prazo previsto pela Instituição de Pagamento.

O usuário se responsabiliza pela exatidão dos dados informados sobre os valores, dados e contas dos tomadores de serviços; isentando a BHUB de qualquer responsabilidade pelas Transações realizadas em razão de informações imprecisas ou inexatas que venham a ser informadas pelo usuário.

As Transações deixarão de ser acatadas pela BHUB ou pela Instituição de Pagamento quando: (i) não houver recursos suficientes na Conta de Pagamento para o pagamento dos Fornecedores e/ou terceiros beneficiários; (ii) o usuário deixar de fornecer as informações suficientes ou fornecer informações incorretas para realização da Transação; (iii) houver indícios de fraude ou suspeita ou ato ilícito, de acordo com a legislação vigente; e/ou (iv) estiver em desacordo com as políticas internas da BHUB e/ou os critérios exigidos pela Instituição de Pagamento.

O usuário está ciente de que a BHUB atuará nos Serviços de Pagamento como mera intermediária, executando apenas as ordens que lhe forem comandadas pelo usuário; de modo que o usuário será integralmente responsável pelas informações repassadas à BHUB e aprovação das Transações, comprometendose ressarcir todo e qualquer prejuízo causado e isentar a BHUB de qualquer responsabilidade relacionada a erros nas informações.

As regras para a utilização, carregamento e cancelamento da Conta de Pagamento serão definidas pela Instituição de Pagamento e repassadas pela BHUB ao usuário, por meio da Plataforma.

A BHUB, diretamente ou por solicitação da Instituição de Pagamento, poderá determinar limites de valor mínimo e máximo para o carregamento das Contas de Pagamento e para a realização das movimentações, que poderá variar de acordo com as informações do usuário, tipo da movimentação, ou outro critério definido pela BHUB e/ou pela Instituição de Pagamento.

Os recursos creditados na Conta de Pagamento do usuário serão mantidos em conta bancária de titularidade da Instituição de Pagamento, em instituição financeira de primeira linha, e, nos termos do art. 12 da Lei 12.865/2013:

(i) constituem patrimônio separado, que não se confunde com o da Instituição de Pagamento;
(ii) não respondem direta ou indiretamente por nenhuma obrigação da Instituição de Pagamento, nem podem ser objeto de arresto, sequestro, busca e apreensão ou qualquer outro ato de constrição judicial em função de débitos de responsabilidade da Instituição de Pagamento;
(iii) não podem ser dados em garantia de débitos assumidos pela Instituição de Pagamento; e
(iv) não compõem o ativo da Instituição de Pagamento, para efeito de falência ou liquidação judicial ou extrajudicial.

Os recursos mantidos na Conta de Pagamento, salvo se expressamente pactuado de modo diverso, não sofrerão qualquer tipo de acréscimo ou alteração, tais como correção monetária e juros; e nem haverá o pagamento de qualquer remuneração ao usuário, independentemente do período que ficarem depositados.

Os valores depositados na Conta de Pagamento devem ser utilizados para pagamentos e transferências, sendo considerados pela Instituição de Pagamento recursos em trânsito de titularidade do usuário.

O usuário não poderá ceder ou onerar, a qualquer título, os direitos sobre os recursos depositados em sua Conta de Pagamento, sem a prévia e escrita autorização da BHUB e da Instituição de Pagamento, sob pena de ineficácia da cessão.

O usuário terá acesso ao saldo, histórico de movimentação e às Transações realizadas ou pendentes de pagamento, mediante acesso à Plataforma ou por solicitação enviada à BHUB. A disponibilização do saldo e do extrato das movimentações caracterizase como prestação de contas, para todos os fins legais.

O usuário declarase ciente de que os Serviços de Pagamento se destinam tão somente a efetivar Transações em moeda nacional, bem como assegura que todos os recursos movimentados em sua Conta de Pagamento serão oriundos de fontes lícitas e declaradas, isentando a BHUB e a Instituição de Pagamento de qualquer responsabilidade.

O usuário reconhece e concorda que a BHUB e a Instituição de Pagamento, em conformidade com as disposições deste Termos BHub Pay, terá o direito de: (i) reter os valores mantidos na Conta de Pagamento do usuário para garantir, de forma integral, quaisquer pagamentos que sejam devidos ou para o resguardo contra riscos financeiros relacionados às obrigações do usuário; e (ii) compensar, com os valores mantidos na Conta de Pagamento, os débitos do usuário perante a BHUB, de qualquer natureza e ainda que originados em razão da contratação de serviços previstos em outros instrumentos contratuais.

Todas as movimentações na Conta de Pagamento serão realizadas por conta e ordem do usuário, de acordo com as informações enviadas à BHUB. A BHUB e a Instituição de Pagamento não poderão ser responsabilizadas por eventuais erros ou inconsistências nas informações prestadas pelo usuário.

Para utilizar os Serviços de Pagamento, o usuário, dentre outras obrigações previstas nestes Termos BHub Pay, deve ser: (i) pessoa física, maior de 18 (dezoito) anos e possuir inscrição válida e regular perante a Receita Federal do Brasil; ou (ii) pessoa jurídica devidamente constituída, com sede ou escritório no Brasil e possuir inscrição válida e regular perante a Receita Federal do Brasil.

Os Serviços de Pagamento poderão ser prestados pela Instituição de Pagamento ou por outra que venha a substituila, parcial ou integralmente, ou, ainda, diretamente pela BHUB, desde que em estrita observância à regulamentação em vigor. Eventuais alterações poderão ser promovidas a qualquer tempo e a critério da BHUB, mediante comunicação prévia ao usuário, hipótese em que o usuário deverá cumprir com todas as providências indicadas pela BHUB para a transferência dos Serviços de Pagamento, caso necessário.

Na hipótese de mudança no prestador dos Serviços de Pagamento, o usuário desde já autoriza a BHUB a, por sua conta e ordem, proceder com a transferência dos recursos disponíveis em sua Conta de Pagamento e cumprir com os demais procedimentos necessários.

RESGATE DE RECURSOS E ENCERRAMENTO DA CONTA DE PAGAMENTO

O usuário poderá, a qualquer momento, desde que possua saldo suficiente para arcar com as respectivas tarifas aplicáveis e o pagamento de eventuais débitos contraídos perante a BHUB, solicitar o resgate integral dos recursos mantidos na Conta de Pagamento, bem como encerrála, mediante solicitação à BHUB.

O resgate de recursos será realizado a pedido do usuário, mediante o repasse do valor líquido e em moeda nacional exclusivamente para domicílio bancário de
mesma titularidade do usuário, de acordo com as formas estabelecidas para utilização dos recursos mantidos em Conta de Pagamento.

Os procedimentos de resgate e encerramento da Conta de Pagamento obedecerão às regras impostas pela Instituição de Pagamento.

A verificação de fornecimento de informações imprecisas ou incorretas, bem como a identificação de transações fraudulentas ou em desacordo com a legislação em vigor, poderá ensejar o encerramento da Conta de Pagamento e necessidade de resgate dos valores custodiados, a exclusivo critério da BHUB e da Instituição de Pagamento.

REMUNERAÇÃO PELOS SERVIÇOS DE PAGAMENTO

Em contrapartida à prestação dos Serviços de Pagamento, o usuário pagará à BHUB as tarifas disponíveis para consulta na Plataforma.

Para a cobrança das tarifas, inclusive por serviços adicionais que vierem a ser contratados pelo usuário perante a BHUB, a BHUB poderá, alternativamente: (i) realizar lançamentos de débitos na Conta de Pagamento; ou (ii) compensar o valor dos débitos com quaisquer outros créditos, presentes ou futuros, que vierem a ser creditados ao usuário em sua Conta de Pagamento.

Sem prejuízo da suspensão dos Serviços de Pagamento, caso o usuário deixe de realizar o crédito em sua Conta de Pagamento, haverá a incidência dos encargos moratórios previstos na Plataforma.

A BHUB poderá efetuar o reajuste ou alteração do valor das tarifas cobradas, informando previamente o usuário, por email ou divulgação prévia na Plataforma.

Caso o usuário não concorde com as novas condições das tarifas, poderá encerrar os Serviços de Pagamento sem a incidência de quaisquer ônus ou penalidades. O não encerramento será interpretado como anuência com relação aos novos valores das tarifas cobradas.

QUEM GERE A PLATAFORMA BHUB PAY?

A Plataforma, bem como os recursos, funcionalidades, serviços, produtos e/ou benefícios oferecidos por meio dela, são gerenciados pela BHUB, podendo esta, eventualmente, conceder tais poderes e direitos a terceiros/parceiros, nos termos da lei e em conformidade com os acordos firmados entre a BHUB e os respectivos terceiros/parceiros, sem a necessidade de anuência prévia do usuário.

A BHUB se reserva o direito de incluir, excluir ou alterar os conteúdos, os recursos e as funcionalidades da Plataforma, bem como suspendêla temporariamente, a qualquer momento, independentemente de avisoprévio. Da mesma forma, poderá modificar estes Termos BHub Pay, cuja versão mais recente estará sempre disponível para consulta em nossos canais de atendimento.

CADASTRO INICIAL, ACESSO E USO DA PLATAFORMA BHUB PAY

O acesso e o uso dos nossos sites/aplicativos/plataformas, incluindose a Plataforma BHub Pay, são direcionados apenas a pessoas maiores de 18 anos. Qualquer pessoa que não se enquadre nessa classificação será automaticamente banida da nossa Plataforma.

Ao acessar, usar ou, de qualquer outra forma, interagir com os nossos sites/aplicativos/plataformas, incluindose a Plataforma BHub Pay, o usuário declara atender as condições supra. Caso esteja acessando, usando ou, de qualquer outra forma, interagindo com os nossos ambientes em nome de alguma organização, o usuário declara, desde já, possuir todos os poderes legais para vincular a referida organização a estes Termos BHub Pay, à Política de Privacidade, bem como aos demais termos, políticas e regulamentos da BHUB e aos termos e políticas do nosso Parceiro.

A realização de cadastro em nossos sites/aplicativos/plataformas é sempre opcional. No entanto, para que seja possível usufruir de todos os recursos, funcionalidades, serviços, produtos e/ou outros benefícios oferecidos pela BHUB, inclusive os da Plataforma BHub Pay, é imprescindível realizar o referido cadastro.

Para fins de cadastro na Plataforma, a BHUB coleta dados empresariais do usuário (tais como, razão social, CNPJ, domicílio bancário e endereço), dados pessoais dos seus representantes (tais como, nome/sobrenome, CPF email, telefone/whatsapp), bem como cópia dos documentos cadastrais, a exemplo da identidade, carteira de habilitação e selfie.

Para fins de acesso à Plataforma BHub Pay, o usuário deverá, ainda, criar login e senha de uso pessoal e intransferível, devendo o usuário mantêlos confidenciais e seguros.

O usuário reconhece e declara que as áreas restritas da Plataforma contêm informações de interesse particular do usuário e da própria BHUB e não deverão ser acessadas ou transmitidas a terceiros, motivo pelo qual é responsável pelo sigilo e correta utilização da sua senha e login de acesso por seus representantes, devendo aplicar medidas de segurança e tomar as precauções necessárias para evitar a divulgação de tais informações a pessoas não autorizadas. O usuário é o único responsável por todos os acessos e operações online realizados por ele ou em nome dele na Plataforma e deverá arcar com qualquer dano e/ou prejuízo, seja de que natureza for, decorrente da utilização indevida de seu login e senha por interlocutores e terceiros.

O usuário deverá informar à BHUB, mediante comunicação formal, por meio da Plataforma ou, ainda, por outra forma de comunicação que venha a ser disponibilizada pela BHUB, acerca do nome e qualificação de seus representantes autorizados a praticar todos os atos relacionados à Conta de Pagamento, tais como acesso, solicitação e aprovação de transações. Na hipótese de desligamento de qualquer dos representantes, o usuário deverá comunicar o fato imediatamente à BHUB.

As informações fornecidas no momento do cadastro deverão ser verdadeiras, completas e atualizadas. A BHUB, em hipótese alguma, será responsável por qualquer resultado e/ou prejuízo decorrente de erros, da falsidade das informações fornecidas e/ou de sua não atualização. A BHUB poderá, a qualquer momento, a seu único e exclusivo critério, solicitar a atualização e/ou o fornecimento de dados para a complementação do cadastro.

Sempre que necessário, inclusive para possibilitar a utilização dos Serviços de Pagamento, a BHUB, diretamente ou a requerimento da Instituição de Pagamento, poderá solicitar que o usuário forneça informações complementares àquelas indicadas no cadastro, bem como poderá, a qualquer momento, e ao seu exclusivo critério, solicitar cópias de documentos para averiguar a veracidade das informações prestadas pelo usuário.

Na hipótese de a BHUB ou a Instituição de Pagamento verificar dados incorretos ou inverídicos fornecidos pelo usuário ou, ainda, caso o usuário se recuse ou se omita a enviar as informações e documentos solicitados, a Instituição de Pagamento, diretamente ou por solicitação da BHUB, poderá suspender temporariamente o acesso aos Serviços de Pagamento até que haja a regularização.

O usuário será responsável pela veracidade e legitimidade de todas e quaisquer informações que seus representantes, interlocutores e colaboradores venham a prestar à BHUB. O usuário é responsável, ainda, por fornecer, por meio de seus representantes, interlocutores e colaboradores, informações verdadeiras, claras, precisas, legítimas e completas sempre que efetuar qualquer procedimento relativo aos Serviços de Pagamento, por qualquer meio de comunicação disponível, sendo passível de responder criminal e civilmente por qualquer informação falsa ou incorreta que vier a fornecer à BHUB.

O usuário é responsável pelo sigilo e pela confidencialidade de todos os dados que fornece à BHUB, bem como sobre as ações e/ou omissões praticadas em nossos ambientes, inclusive no tocante ao uso do login e senha. Portanto, não os compartilhe com terceiros. Compartilhálos com terceiros configura violação expressa a estes Termos BHub Pay e às demais políticas, termos e regulamentos da BHUB, podendo, ainda, comprometer a segurança tanto dos dados, como dos nossos ambientes. Caso o usuário identifique ou desconfie que um terceiro obteve acesso ao seu login/senha, deverá alterála, imediatamente, nos nossos sistemas ou solicitar auxílio para fazêlo por meio dos canais indicados nestes Termos BHub Pay.

Se a BHUB constatar, por meio de testes, que as credenciais do usuário (login/senha) foram comprometidas (tornadas acessíveis por terceiros), por segurança e no intuito de impedir o acesso inapropriado à conta e aos dados do usuário, a BHUB poderá suspender preventivamente as referidas credenciais. A BHUB poderá, ainda, impedir, a seu único e exclusivo critério, a criação de novos cadastros ou cancelar os já efetuados, caso detecte alguma adversidade capaz de comprometer os seus ambientes e/ou os demais usuários.

Fica, desde já, declarada e reconhecida que toda e qualquer ação ou omissão durante o uso dos nossos sites/aplicativos/plataformas, inclusive a Plataforma BHub Pay, será de exclusiva e integral responsabilidade do usuário, devendo a BHUB, suas afiliadas e/ou subsidiárias ser isentadas de quaisquer reclamações e/ou responsabilidades daí decorrentes, bem como indenizadas por quaisquer perdas, danos e/ou despesas acarretados, incluindose, sem a eles se limitar, honorários advocatícios e custas processuais, que vierem a sofrer em razão de tais ações ou omissões.

O usuário é o único e exclusivo responsável pelos meios que utiliza para acessar os sites/aplicativos/plataformas da BHUB, incluindose aparelhos, provedores de internet e/ou navegadores, sem a estes se limitar, assumindo, exclusivamente, portanto, o risco de qualquer eventual violação de privacidade e/ou segurança
decorrentes de tais meios.


DECLARAÇÕES DO USUÁRIO

O usuário declara e atesta total e integral ciência de que:

O acesso aos recursos, funcionalidades, serviços, produtos e/ou outros benefícios da Plataforma BHub Pay depende, necessariamente, dos processos previstos nestes Termos BHub Pay, bem como os demais termos, políticas e regulamentos da BHUB;

Deverá manter as suas IDs, senhas e/ou demais códigos de acesso confidenciais e protegidos de todas as pessoas não autorizadas, de acordo com as boas práticas de segurança da informação e privacidade, e conforme as disposições estabelecidas nestes Termos BHub Pay e nos demais termos, políticas e regulamentos da BHUB;

A BHUB não executa qualquer transação na Conta de Pagamento que não seja expressamente ordenada pelo usuário, nem de qualquer modo interfere em seus ativos ou passivos estando o acesso restrito à leitura e ao tratamento de dados, conforme o presente instrumento, bem como os demais termos, políticas e regulamentos da BHUB;

Em razão da natureza e da(s) finalidade(s) a que se destina a Plataforma a BHub Pay, a BHUB poderá acessar, coletar, processar, armazenar, atualizar, compartilhar, dispor, enfim, tratar os dados pessoais (“Tratamento”), nos termos da LGPD, em especial do seu art. 5o, inciso X, conforme estes Termos BHub Pay, bem como os demais termos, políticas e regulamentos da BHUB, em especial, a Política de Privacidade, observada a legislação e as bases legais aplicáveis vigentes. O Tratamento se estende a todas as empresas do Grupo,

as quais poderão, inclusive, estar localizadas e/ou sediadas fora do Brasil, sendo certo que, nessa hipótese, será observada, também, a legislação vigente nos países em que tais empresas se encontrem localizadas e/ou sediadas;

É o único e exclusivo responsável por conferir toda e qualquer informação disponibilizada na Plataforma para a prestação dos Serviços de Pagamento pela BHub e utilização das Funcionalidades pelo usuário. Em hipótese alguma a BHUB será responsável por erros decorrentes da não conferência de informações pelo usuário.

É o único e exclusivo responsável pelas tomadas de decisões com base nas informações disponibilizadas na Plataforma e pelos resultados delas decorrentes. Em hipótese alguma a BHUB será responsável por tais tomadas de decisões e/ou pelos resultados delas decorrentes.

Em hipótese alguma, a BHUB será responsável por eventuais perdas ou danos causados por hackers e/ou programas/códigos nocivos à Plataforma, tais como vírus, worms, ataques de negação, sem a eles se limitar;

Em hipótese alguma, a BHUB será responsável por produtos e/ou serviços oferecidos pela Instituição de Pagamento.

Deverá observar o presente instrumento, bem como os demais termos, políticas e regulamentos da BHUB, bem como a legislação aplicável vigente.

SIGILO DAS INFORMAÇÕES

O usuário reconhece que a BHUB e a Instituição de Pagamento estão sujeitas à regulamentação aplicável aos arranjos e instituições de pagamento integrantes do Sistema de Pagamentos Brasileiro, devendo atender à Lei Complementar nº105/2001, que dispõe sobre o sigilo das operações e serviços prestados pelas referidas instituições.

A BHUB, a Instituição de Pagamento e o usuário obrigamse a manter, durante os Serviços de Pagamento e mesmo após o seu término, completo sigilo com relação a toda e qualquer informação, de qualquer natureza, referente às atividades das partes e/ou de suas subsidiárias ou coligadas, às quais venham a ter acesso por força do cumprimento dos Serviços de Pagamento, não podendo, sob qualquer pretexto, utilizálas para si, divulgar, revelar, reproduzir ou delas dar conhecimento a terceiros, ressalvados os casos em que a divulgação destas informações seja exigida, nos termos da lei, por autoridade competente, responsabilizandose, em caso de descumprimento desta cláusula, por eventuais danos diretos devidamente comprovados incorridos pela parte infratora.

Não obstante as obrigações de sigilo aqui previstas, o usuário expressamente autoriza a BHUB e a Instituição de Pagamento a prestar às autoridades competentes, como, por exemplo, Banco Central do Brasil, todas as informações que forem solicitadas com relação ao usuário e operações por ele executadas em razão dos Serviços de Pagamento. Ademais, a BHUB e a Instituição de Pagamento poderão comunicar ao Conselho de Controle de Atividades Financeiras, as operações realizadas pelo usuário que possam estar configuradas no disposto na Lei nº 9.613/1998 e demais normas relativas à lavagem de dinheiro, incluindo as normas e políticas internas da BHUB e da Instituição de Pagamento nesse sentido.

O usuário ademais autoriza expressamente a BHUB a: (i) verificar informações cadastrais, financeiras e transacionais a seu respeito necessárias e relacionadas com a presente contratação, (ii) compartilhar todas as informações recebidas no âmbito dos Serviços de Pagamento, inclusive cadastrais e transacionais, com a Instituição de Pagamento, (iii) consultar em órgãos de proteção ao crédito, bem como consultar e incluir informações referente a operações financeiras ativas e passivas de responsabilidade do usuário que constem ou venham a constar do Sistema de Informações de Crédito (SCR), gerido pelo Banco Central do Brasil, ou dos sistemas que venham a complementálo ou a substituílo.


QUAIS INFORMAÇÕES/DADOS COLETAMOS NA PLATAFORMA BHUB PAY?

A BHUB respeita os direitos de personalidade e privacidade e, desde já, comprometese a utilizar os dados/informações disponibilizados na Plataforma, conforme descrito nestes Termos BHub Pay, bem como nos Termos Gerais, na Política de Privacidade, na Política de Cookies, nos demais regulamentos desta empresa e em conformidade com a legislação aplicável vigente, em especial a LGPD, em se tratando de dados pessoais.

Considerando a natureza e a finalidade da Plataforma, serão coletados os seguintes dados pessoais e empresariais:

Informações de identificação/cadastro (“Informações de Identificação/Cadastro”): nome completo, filiação, CPF, data de nascimento, email, telefone, endereço residencial e dados de acesso dos representantes legais do usuário, bem como razão social CNPJ, endereço e demais dados empresariais necessários à abertura de Conta de Pagamento.

Documento de identidade ou CNH e selfie dos representantes legais do usuário.

(ii) Informações bancárias/financeiras da empresa (“Informações Bancárias/Financeiras”): banco, agência, conta, cheque especial, saldos, transações, investimentos, empréstimos, crédito.

(iii) Informações de navegação/dispositivo em nossos sites/aplicativos (“Informações de Navegação/Dispositivo”): endereço IP, localização geográfica, fonte de referência, tipo de navegador, duração/frequência das visitas e páginas visitadas pelo usuário. Tais informações, normalmente, são obtidas mediante cookies instalados em seu navegador. Para maiores informações, acesse, por favor, a nossa Política de Cookies.

(iv) As Informações de Identificação/Cadastro, as Informações Bancárias/Financeiras, as Informações de Navegação/Dispositivo e/ou outros dados coletados e utilizados pela BHUB poderão ser mantidos e armazenados nas seguintes hipóteses: (i) enquanto o cadastro, a conta e/ou a utilização, pelo usuário, dos recursos, funcionalidades, serviços, produtos e/ou outros benefícios da Plataforma Bhub Pay se mantiverem ativos; e (ii) pelo tempo necessário: (ii.i) à resolução de eventual disputa ou litígio, (ii.ii) por determinação judicial e/ou de
entidade com jurisdição sobre as atividades da BHUB; (ii.iii) para o cumprimento de determinada disposição legal, nos termos da legislação vigente; e (ii.iv)
enquanto forem necessários à manutenção dos interesses legítimos da BHUB, nos termos da lei.


FINALIDADE E USO DOS DADOS/INFORMAÇÕES

Os dados/informações poderão ser tratados pela BHUB para as seguintes finalidades, observada a legislação e as bases legais aplicáveis vigentes:

(i) Propiciar a oferta/utilização dos recursos, funcionalidades, serviços, produtos e/ou outros benefícios da Plataforma BHub Pay, bem como para o lançamento de novos produtos e/ou serviços;

(ii) Envio de informações requisitadas em nossos sites/aplicativos/plataformas, em especial por meio da Plataforma;

(iii) Envio de notícias, ofertas de produtos e serviços, anúncios e/ou outras informações, sempre relacionadas com temas de interesse do usuário cadastrado;

(iv) Realização de pesquisas/estatísticas, divulgação de eventos e outros assuntos que possam ser do interesse do usuário cadastrado;

(v) Publicidade conforme interesses e preferências do usuário cadastrado, bem como para a personalização de recursos, funcionalidades, serviços, produtos e/ou outros benefícios, a fim de adequálos a tais interesses e preferências;

(vi) Suporte, atendimento e/ou serviços correlatos.

Ressaltamos, uma vez mais, que apesar do disposto nos itens anteriores, o cancelamento do cadastro para o recebimento de mensagens de natureza publicitária pode se dar a qualquer momento. Para maiores informações sobre o cancelamento do cadastro e/ou alteração/exclusão de dados pessoais, acesse a nossa Política de Privacidade.

Salientamos, também, que a BHUB poderá compartilhar dados pessoais por ela tratados com empresas localizadas em outros países, tais como Google, Microsoft e/ou Amazon, principalmente, com a finalidade de armazenamento em nuvem, tal como consta em sua Política de Privacidade.

A BHUB informa, desde já, que, havendo a transferência internacional de dados, esta darseá de acordo com as medidas de segurança necessárias para a garantia da confidencialidade, integridade e disponibilidade dos dados pessoais transferidos, observada a legislação aplicável vigente, em especial a LGPD.

ACESSO E USO DE DADOS/INFORMAÇÕES POR TERCEIROS/PARCEIROS

Os dados/informações poderão, ainda, ser tratados por terceiros/parceiros devidamente autorizados pela BHUB, localizados ou sediados no Brasil ou no exterior, para a execução do objeto destes Termos BHub Pay.

Os dados/informações poderão, também, ser armazenados ou operados em instalações, datacenters e servidores de propriedade de terceiros e/ou parceiros da BHUB, localizados ou sediados no Brasil ou no exterior.

Esclarecemos, desde já, que os referidos terceiros/parceiros se encontram sujeitos às normas, obrigações e deveres de confidencialidade, sigilo e proteção da privacidade das informações e dos dados tratados, coerentes com o disposto no presente instrumento, bem como na Política de Privacidade, nos demais termos, políticas e regulamentos da BHUB e na legislação aplicável vigente, em especial a LGPD, sem prejuízo de qualquer outra legislação aplicável, em razão da sua localização.

LINKS DE TERCEIROS

Para
melhorar a sua experiência de navegação em nossos sites/aplicativos/plataformas, estes, incluindose a Plataforma BHub Pay, poderão conter links remetendo você para sites, sistemas, aplicações, serviços e produtos de terceiros. As indicações dos referidos links não constituem um endosso ou patrocínio dos serviços e/ou produtos desses terceiros. Em hipótese alguma, a BHUB se responsabiliza pelas políticas, termos e/ou regulamentos dos sites/aplicativos/plataformas desses terceiros/parceiros, tampouco pelo tratamento de dados por eles realizados e/ou por eventuais erros, falhas, irregularidades ou defeitos na prestação dos seus serviços e/ou fornecimento dos seus produtos. Recomendamos, então, que o usuário leia atentamente as políticas de privacidade, os termos e condições de uso e os demais regulamentos desses terceiros.

Qualquer reclamação ou dúvida sobre os serviços e/ou produtos de terceiros, utilizados e/ou adquiridos pelo usuário mediante links divulgados em nossos sites/aplicativos, deverá ser encaminhada aos setores/serviços próprios dos respectivos terceiros.


DIREITO DE PROPRIEDADE INTELECTUAL

Toda e qualquer técnica, ideia, conceito, método, processo, software, utilitário, dado, documento, diretório, design, interface de usuário, knowhow, gráfico, imagem, fotografia, logo, slogan, som, marca, texto, declaração, desenho, incluindo nome de domínio, interface de usuário e combinações de cores utilizadas, incorporadas e constantes dos nossos sites/aplicativos/plataformas, incluindose a Plataforma BHub Pay, constituem propriedade intelectual única e exclusiva da BHUB ou se encontram devidamente autorizados e licenciados por terceiros/parceiros. Não é permitida nem autorizada a utilização, reprodução, distribuição, exibição, no todo ou em parte, de qualquer propriedade intelectual da BHUB pelo usuário ou por qualquer terceiro, sem o seu consentimento prévio, expresso e por escrito.

Quaisquer conteúdos, recursos, funcionalidades e ferramentas disponibilizados em nossos sites/aplicativos/plataformas são de propriedade da BHUB e/ou, eventualmente, de terceiros/parceiros, nos termos dos eventuais acordos firmados entre a BHUB e o respectivo(s) terceiro(s)/parceiro(s), sendo certo que:


(i) em hipótese alguma, tal propriedade poderá ser reivindicada pelo usuário dos nosso sites/aplicativos; e (ii) na hipótese de serem os referidos conteúdos, recursos, funcionalidades e ferramentas de propriedade de terceiros/parceiros, a BHUB obterá os direitos, autorizações e licenças necessárias.

O usuário comprometese, desde já, a não realizar quaisquer atividades abaixo indicadas, devendo, em caso de violação, indenizar, integralmente, a BHUB, suas afiliadas e/ou subsidiárias por todo e qualquer dano acarretado, independentemente da sua natureza, sem prejuízo das sanções legais cabíveis:

(i) copiar, armazenar, modificar, preparar trabalhos, distribuir, licenciar, vender, transferir, exibir publicamente, executar publicamente, transmitir ou explorar qualquer software que faça parte dos nossos sites/aplicativos/plataformas, incluindose a Plataforma, bem como qualquer conteúdo de nossa propriedade, exceto nos limites expressamente permitidos pela BHUB, em razão do uso dos recursos, funcionalidades, serviços, produtos e/ou outros benefícios por ela disponibilizados;

(ii) tentar expor o códigofonte ou tentar recriar qualquer software que faça parte dos nossos sites/aplicativos/plataformas;

(iii) usar softwares, dispositivos, scripts, robôs manuais ou automatizados, ou qualquer outro meio ou processo para acessar ou rastrear quaisquer páginas da web ou outros serviços contidos em nossos sites/ aplicativos/plataformas, incluindose a Plataforma;

(iv) infringir os direitos de qualquer pessoa ou entidade, incluindo, sem limitação, sua propriedade intelectual, privacidade, publicidade e/ou direitos contratuais;

(v) tentar sondar, escanear ou testar a vulnerabilidade de qualquer sistema ou rede BHUB ou violar quaisquer medidas de segurança ou autenticação;

(vi) evitar, ignorar, remover, desativar, prejudicar, decodificar ou contornar qualquer medida tecnológica implementada pela BHUB, por qualquer de seus fornecedores ou por qualquer outro terceiro a fim de proteger os seus sites/aplicativos/plataformas;

(vii) forjar quaisquer elementos de pacote TCP/IP ou quaisquer partes de tais elementos em qualquer postagem de email ou grupo de notícias, ou de qualquer forma usar os nossos sites/aplicativos/plataformas, incluindose a Plataforma, e/ou os recursos, funcionalidades, serviços, produtos e/ou outros benefícios disponibilizados pela BHUB para enviar informações de identificação de fonte alteradas, enganosas ou falsas;

(viii) tentar decifrar, descompilar, desmontar ou fazer engenharia reversa de qualquer software usado pela BHUB para o fornecimento de seus produtos e/ou a prestação dos seus serviços;

(ix) advogar, encorajar ou auxiliar qualquer terceiro a praticar qualquer uma das ações acima indicadas; usar os sites/aplicativos/plataformas da BHUB para quaisquer atividades não previstas neste instrumento e nos demais termos, políticas e regulamentos da BHUB.

Havendo indícios da prática de qualquer atividade acima indicada, a BHUB poderá, a seu único e exclusivo critério, suspender ou encerrar a conta do usuário subversivo, sendo certo que qualquer suspensão ou encerramento da conta do usuário, nos termos anteriormente indicados, não o isentará de quaisquer de suas obrigações.

 

POLÍTICA DE SEGURANÇA DE DADOS

A BHUB busca sempre utilizar e adotar processos, técnicas, mecanismos e procedimentos de segurança e prevenção adequados e apropriados, de acordo com a técnica atual, para assegurar a devida proteção contra eventuais incidentes de segurança, ocorrências ou suspeitas de acessos, utilizações, alterações, apropriação e/ou destruição nãoautorizada por terceiros, passível de comprometer ou ameaçar a integridade, confidencialidade, autenticidade e/ou disponibilidade das informações/dados por nós coletados.

Envidamos todos os esforços possíveis, de acordo com a técnica atual, para proteger os dados pessoais dos usuários dos nossos sites/aplicativos/plataformas contra a perda, o uso não autorizado e/ou outros tipos de abusos. Por isso, não apenas armazenamos os referidos dados/informações que coletamos em um ambiente operacional seguro, inacessível ao público em geral, mas podemos anonimizálos ou criptografálos em razão da relevância, desde que tal prática não inviabilize o uso por parte da própria BHUB no fornecimento dos seus Produtos e/ou na prestação dos seus serviços.

A BHUB, a seu único e exclusivo critério, poderá banir dos seus ambientes usuários que tentem danificar ou adulterar os seus sites/aplicativos/plataformas e/ou os seus mecanismos de segurança, seja mediante o uso de vírus, bots de cancelamento, cavalos de tróia, código prejudicial, ataques de negação de serviço, falsificação de pacotes ou IP, roteamento forjado ou uso de qualquer outro método/tecnologia capaz de ocasionar danos e/ou adulterações nos ambientes da BHUB. Qualquer tentativa nesse sentido constitui violação às leis cíveis e criminais, devendo o usuário indenizar, integralmente, a BHUB por todo e qualquer dano acarretado, independentemente da sua natureza, sem prejuízo das demais sanções legais cabíveis.

Informações sobre mecanismos de segurança adotados por nossos parceiros podem ser encontradas em suas respectivas políticas, termos e/ou regulamentos, sendo da inteira responsabilidade de cada qual a adoção das medidas condizentes com a legislação vigente, em especial a LGPD, para a proteção da privacidade e de quaisquer dados relativos a pessoas naturais identificadas ou identificáveis.


COMUNICAÇÕES

O usuário da BHub Pay declara total e integral ciência de que poderá, observada a legislação aplicável vigente, em especial a LGPD, e os demais dispositivos constantes das políticas e regulamentos da BHUB e/ou de autoridades competentes:

receber, via email e/ou telefone/whatsapp informações que tenham sido requisitadas em nossos sites/aplicativos/plataformas, bem como notícias, ofertas e anúncios de produtos e serviços da BHUB, dentre outras informações correlatas;

receber ligações e/ou mensagens diretas de funcionários da BHUB para o atendimento de dúvidas, a realização de pesquisas, e/ou apresentação de informações sobre produtos, serviços, eventos e outros assuntos correlatos;

receber, via email e/ou telefone/whatsapp, publicidade, conforme interesses e preferências, inclusive, de modo personalizado;

ter contato com links de terceiros/parceiros durante a navegação em nossos sites/aplicativos/plataformas, relacionados a temas de interesse.

Não obstante o disposto nos itens anteriores, é possível cancelar, a qualquer momento, o cadastro(s) para fins de recebimento de mensagens de natureza publicitária. Para maiores informações sobre o referido cancelamento, acesse a nossa Política de Privacidade.

CANCELAMENTO DE CADASTRO OU ALTERAÇÃO/EXCLUSÃO DE DADOS/INFORMAÇÕES

As informações e dados pessoais que tratamos poderão ser revistos, alterados e/ou atualizados a qualquer momento pelo usuário cadastrado, podendo, este, inclusive, realizar a exclusão de determinados dados e informações, observado o disposto nestes Termos BHub Pay, na Política, bem como das demais políticas, regulamentos e relações contratuais da BHUB, observada a legislação aplicável vigente, em especial a LGPD.

Serão eliminados/anonimizados, de forma segura, os dados pessoais que:

(i) não estejam sendo usados ativamente;

(ii) não tenhamos a obrigação legal de
reter (por exemplo, para fins fiscais);

(iii) a BHUB não tenha permissão para manter por motivos legais e/ou de compliance; e/ou (iv) não estejam amparados pelo legítimo interesse da BHUB.

Os dados pessoais inexatos ou desatualizados serão destruídos ou excluídos o mais rápido possível, salvo se for obrigatória sua manutenção em razão de obrigação legal de retenção por determinado período e/ou de exercício regular de direitos.

 

CONTATO PARA ESCLARECIMENTOS, DÚVIDAS E EXERCÍCIO DE DIREITOS


Ainda com dúvidas? Relaxe! A BHUB possibilita o esclarecimento de dúvidas, a qualquer momento, por meio do canal privacidade@bhub.ai.

Na hipótese de a BHUB atuar como Controladora do tratamento de dados pessoais, nos termos da Política, estará ela, ainda, à disposição para que o titular dos referidos dados exerça diretamente, por meio do seu canal, os direitos previstos na LGPD, em especial no seu art. 18. Na sendo este o caso, atuando a BHUB como Operadora, nos termos da Política, pedimoslhe, desde já, a gentileza de procurar diretamente o Controlador do tratamento relativo aos seus dados pessoais para o exercício de tais direitos.


VERSÕES DESTES TERMOS

Estes Termos BHub Pay poderão ser revistos e atualizados, de tempos em tempos, pela BHUB. Todas e quaisquer revisões e atualizações somente serão válidas e entrarão em vigência no momento de sua publicação na Plataforma. Não se preocupe! Você será comunicado acerca das revisões/atualizações relevantes.

Caso não concorde com a modificação, o usuário poderá denunciar os Termos BHub Pay sem quaisquer ônus ou penalidades.

DISPOSIÇÕES GERAIS, LEI APLICÁVEL E FORO

O usuário autoriza a BHUB a utilizar as informações relativas ao seu cadastro para formação de banco de dados, preservandose a individualidade e identificação de cada usuário.

O usuário autoriza a BHUB, diretamente ou por cumprimento de regra da Instituição de Pagamento, a verificar e trocar informações cadastrais, creditícias e/ou financeiras a seu respeito em âmbito nacional, com entidades financeiras ou de proteção ao crédito, inclusive a efetuar consultas a sistemas de risco de crédito sobre eventuais débitos de responsabilidades do usuário e a prestar ao órgão citado informações dos dados cadastrais e informações creditícias.

Nos termos da legislação aplicável e da Política de Privacidade, o usuário concorda que a BHUB ou qualquer de seus parceiros enviem mensagens de caráter informativo ou publicitário.

A BHUB e a Instituição de Pagamento irão auxiliar e cooperar com qualquer autoridade judicial, reguladora ou órgão público que venha a solicitar informações, podendo, neste caso, fornecer quaisquer informações sobre o usuário em relação à utilização da Plataforma.

Este documento é regido pelas leis da República Federativa do Brasil.

Fica eleito o Foro da Comarca de São Paulo, do Estado São Paulo, como o competente para dirimir quaisquer questões porventura oriundas do presente documento, com expressa renúncia a qualquer outro, por mais privilegiado que seja

Versão atualizada em 24 de julho de 2023

GENERAL TERMS AND CONDITIONS FOR CONTRACTING

SERVICES (“T&C“) – PAAS

1. EFINITIONS:

1.1. The expressions below, whenever used in this document, in the singular or plural, shall have the meaning attributed to them as follows:

(i) “BHUB” means BHub Serviços e Tecnologia Ltda, a limited liability company, with registered office in the City of São Paulo, State of São Paulo, at Rua Cardeal Arcoverde n° 2365, Pinheiros, CEP (Zip Code) 05.407-003, registered with CNPJ (Corporate Taxpayer Registration) under No. 42.330.545/0001-06 (“BHub Tecnologia“) and, as applicable and when acting jointly with BHub Tecnologia (a) for the purposes of providing accounting and financial services, BHub Contabilidade Ltda., a limited liability company, registered with CNPJ/ME under No. 43.618.130/0001-03, with registered office in the City of São Paulo, State of São Paulo, at Rua Cardeal Arcoverde nº 2365, 3º andar, conjunto 31, Pinheiros, CEP 05.407-003 (“BHub Contabilidade“)     ; and (b) for the purposes of providing paralegal services, BHub Serviços de Paralegal LTDA, a limited liability company, registered with CNPJ/ME under No. 51.097.182/0001-00, with registered office in the City of São Paulo, State of São Paulo, at Rua Cardeal Arcoverde nº 2365, 3º andar, conjunto 33-Parte, Pinheiros, CEP 05.407-003 (“BHub Paralegal“);

(ii) “CLIENT” means the individuals or legal entities indicated and qualified in Clause 1 of the Summary Table;

(iii) “Agreement” jointly means these T&C, the BHUB T&C, the Summary Table and the Business Proposal sent to the CLIENT; and

(iii) “Summary Table” means the Summary Table of the Service Agreement signed by the CLIENT and BHUB.

2. PRODUCT

2.1. Paralegal as a Service (“PaaS“).

3. SCOPE

3.1. The PaaS services to be provided by BHUB to the CLIENT (“Services“) comprise the activities described in Clause 3 of the Summary Table, and may include, among others, those indicated below, according to the contracted scope:

(a) Opening of a company;

(b) Paralegal records and diligence;

(c) Accompanying registrations and paralegal proceedings;

(d) Trademark registration and procedural steps;

(e) Monitoring trademark registration;

(f) Virtual office;

(g) Legal representation.

4. PRICE

4.1. The amount to be paid by the CLIENT for the Service provision is indicated in clause 4 of the Summary Table (“Price“).

4.2. In the case of services based on previously established assumptions, according to the Summary Table, the amounts owed by the CLIENT to BHUB may be revised automatically and at any time, should these assumptions change.

4.3. The Price may be readjusted annually at the beginning of each fiscal year by the positive variation of the IPCA (National Extended Consumer Price Index)/IBGE or another that replaces it and is appropriate, as understood by BHUB to correct the Services.

4.4. In the event of any change that affects costs and/or makes it economically unfeasible for BHUB to maintain the agreed plans and/or values, it may adjust the plans, or revise the Services, or even terminate them.

4.4.1. If this happens, BHUB shall notify the CLIENT of the fact, reasonably in advance, so that the CLIENT, in the event of an adjustment to the Price or revision of the Services, may choose one of the existing plans. The CLIENT acknowledges and agrees that, if the CLIENT does not express its acceptance within thirty (30) days from the date of the communication, in the case of Services provided in the form of a monthly fee, and within five (5) days for other “PaaS” services, BHUB may, at its sole discretion:

(i) automatically migrate to the plan that, according to BHUB’s technical criteria, is the most appropriate, and the CLIENT shall then be charged according to the new values; or

(ii) not provide the Services, without this implying any breach of the Agreement or incidence of any penalty, with BHUB being exempt from any consequences, losses, and/or damages that may be caused to the CLIENT, with BHUB being owed the amounts related to the Services already provided.

4.4.2. If the Services are provided by BHUB after the terms referred to in item 4.4.1, they shall be performed and charged according to the amounts and conditions set out in said communication.

4.4.3. If the CLIENT does not agree with the new plans, amounts, and/or conditions, it may terminate the Agreement, without entailing any compensation and/or fine, at which time only the amounts relating to the Services provided up to the date of termination shall be due.

4.5. The CLIENT acknowledges and agrees that if the CLIENT fails to make the payments due under this Agreement, the SERVICE PROVIDER may terminate the Agreement and charge the CLIENT the overdue amounts and applicable fines.

4.6. Late payment fines of two percent (2%), interest on arrears of one percent (1%) per month, and monetary restatement by the IPCA/IBGE (Consumer Price Index/Brazilian Institute of Geography and Statistics), calculated pro rata die, shall be charged on the overdue amounts. Under no circumstances shall the SERVICE PROVIDER be liable for any damage caused during the default period.

4.7. Non-payment of two (2) consecutive monthly fees (in the case of services contracted in the form of a monthly fee) shall result in automatic termination of the Agreement, regardless of notification without prejudice to the provisions of item 4.6 above. 

5. ADDITIONAL AMOUNTS

5.1. All possible charges, costs, expenses, guides, taxes, fees, and other expenses paid by BHUB on behalf of the CLIENT, including, without limitation, those required by City Halls, the Internal Revenue Service, Trade Boards, State and Municipal Finance Departments, sworn translators, notary publics, among others that are not expressly included in the Price shall be charged to the CLIENT in the invoice for the month immediately following the month in which payments are made.

5.2. Any amounts spent on materials to perform the Services, such as books, postage, stamps, file folders, CDS, copies, etc. may be paid in advance by BHUB, but must be reimbursed by the CLIENT in the invoice for the month immediately following the month in which the payments are completed.

5.3. Additional services may, from time to time, at the sole discretion of Bhub, be contracted by e-mail, at the prior written request of the CLIENT, the provision of which is subject to collection by BHUB. It is the CLIENT’s sole responsibility to inform its members, agents, employees, and/or service providers about this form of contracting the additional services in question, understanding as a request duly formalized by the CLIENT, for all legal purposes, any requests for additional services forwarded to BHub.

5.4. Demands not described in Clause 3 of the Summary Table are not included in the scope of the Services nor the Price. If provided by BHUB, they shall be charged separately to the CLIENT in the month immediately following the month in which they are completed.

6. RULES FOR THE SERVICE PROVISION.

6.1. The CLIENT shall have up to seven (7) days to withdraw (terminate) from the contracted Services, free of charge. After this term, or if the Services have already been provided, the Agreement may be canceled, but the agreed amount shall be charged in full.

6.2. In the case of Services contracted under a monthly fee, the CLIENT may withdraw (terminate) from the Services at any time by giving BHUB thirty (30) days’ notice (the period we need to bring your journey with us to an orderly end). In this case, the CLIENT must pay the monthly fee corresponding to the notice period. There are no fines or complications. We believe in good service and transparency.

6.2.1. If any payments are overdue during the notice period, the CLIENT shall have to pay all these amounts by the intended end date of our Agreement.

6.2.2. In the case of virtual office services, if the CLIENT chooses to terminate the aforementioned Services, it must provide, at its own expense, (i) the registration of the contractual amendment before the Trade Board, which shall reflect the change of its business address, as well as (ii) all the necessary registrations and updates before the competent bodies and authorities.

6.2.3. Once the contractual amendment has been registered and the registration updates mentioned above have been made, the CLIENT must present the protocol receipts to BHUB so that the price agreed with BHUB and the provision of the aforementioned Services may be terminated;

6.2.4. The CLIENT declares that it agrees and is aware that the termination of the provision of Virtual Office services by BHUB and, consequently, the collection of the amount agreed between the Parties, shall only take place upon presentation of the protocol receipts indicated above. If this is not the case, the price agreed shall continue to be due until you submit the protocols to BHUB.

6.3. BHUB shall not be held liable for the understandings given by class representation or regulatory authorities regarding the activities carried out by the CLIENT nor for any delays and/or requirements and/or terms for/in verification at trade boards or any other bodies where the process of opening companies or any other diligence is required.

6.4. The CLIENT assumes full liability for the name (Corporate and Trade Name) given to the company opened by BHUB, as well as the description of the economic activities that it will exploit, even in cases where the BHUB team makes suggestions, these shall only be implemented with the CLIENT’s authorization, which shall occur with its acceptance or signature on the Articles of Association.

6.5. The following services are NOT INCLUDED in the Agreement: i) filing of documents and processes with the City Hall (except for the feasibility request); ii) filing of documents and processes with the Internal Revenue Service (except for obtaining the DBE – Basic Document for Registration for the incorporation of the company); iii) registration of the company and/or members with class representative bodies (e.g.: CRA, CRC, CREA, CRQ, OAB, etc.); iv) coordination or monitoring of inspections and evaluations by the Fire Department and other bodies; v) technical project to obtain a license; vi) other services or activities not described in the Summary Table.

6.6. THERE SHALL BE NO SUSPENSION OF THE TERM OF THE AGREEMENT IF THE CLIENT FAILS TO COMPLY WITH ITS DUTIES AND OBLIGATIONS (INCLUDING PROTOCOLS, SIGNATURES, SUBMISSION OF DOCUMENTS, PAYMENT OF FEES, PROCEEDINGS AT REGISTRY OFFICES, ETC.) NECESSARY TO COMPLETE THE OPENING OF THE COMPANY.

6.7. The CLIENT declares that it is fully aware that it SHALL NOT BE ALLOWED TO EXERCISE BUSINESS ACTIVITY BEFORE COMPLETION OF THE REGISTRATION, pursuant to art. 966 of the Civil Code, nor shall it be able to exercise activity that requires prior licensing before obtaining the respective necessary license.

6.7.1. Under no circumstances shall BHUB be liable for any investment, damages, costs, loss of profits, claims by third parties, or cost of supplying substitute goods or services, nor shall it be liable for any downtime costs, or any fact that may result in damage to the CLIENT, should the CLIENT commence activities prior to the conclusion of the business opening process.

6.8. The CLIENT declares that it is fully aware that bookkeeping and the submission of accessory declarations must, by law, be carried out from the “Date of Opening” shown on the CNPJ Card.

6.9. The CLIENT acknowledges and agrees that the Legal Representation services may be provided by a third party/partner of BHUB, and hereby declares complete knowledge that the latter may have access to information provided by the CLIENT to the quantum necessary for the execution of the Agreement.

7. LIMITS OF LEGAL REPRESENTATION

7.1. The Legal Representation Service provided by BHUB, either independently or through third parties, is conditioned and limited to the supply of documents and information that are duly requested and required from the CLIENT.

7.2. BHUB shall not be held liable for any other obligation related to this Service that is not expressly mentioned in these Terms. The Legal Representation services do not, at any time, encompass the making of administrative or strategic decisions of any kind, nor do they include the recommendation of any actions on the part of the CLIENT, being limited solely to the execution of measures aimed at fulfilling the CLIENT’s legal and bureaucratic obligations.

7.3. BHUB shall not be held responsible for any delays or abstention in the provision of the agreed services that result from delays, omissions, or failures on the part of the CLIENT or third parties, and BHUB shall not be responsible for any claims, damages, fines, or losses of any kind that do not result from its exclusive fault, as per these Terms.

7.4. The CLIENT undertakes to indemnify and hold harmless any third party or partner of BHUB who may act as the actual legal representative, with BHUB remaining solely legally responsible, regardless of any successor that may replace it, pursuant to the limitations set forth in this Terms.

7.5. Similarly, all acts and services performed by BHUB, as well as by third parties/partners who may act as effective legal representatives, shall be carried out in strict accordance with the instructions provided by the CLIENT, and they shall not be held liable for any losses, damages, or harms that may directly result from the contents, guidance, or information provided by the CLIENT, including, but not limited to, losses resulting from false, incorrect, or incomplete information provided by the CLIENT.

8. CLIENT’S OBLIGATIONS AND STATEMENTS

8.1. In order for the Services to be provided with quality and in accordance with the law, the CLIENT shall need to provide BHUB with the data requested, as well as the information and documents necessary for the provision of the Services, within a period that shall be informed at the time of the request, and it is the CLIENT’s sole and exclusive responsibility to keep them updated with BHUB.

8.2. The CLIENT undertakes to:

(i) Acquire the Digital Certificate Template A1, when applicable, if it doesn’t have one yet. Without it, BHUB shall not be able to provide the services that depend on it, such as, but not limited to, municipal registration, licensing, and DBE issuance. Under no circumstances shall BHUB be liable for any delays, expenses, and/or penalties arising from the non-issuance/availability of said certificate or the change of password by the CLIENT, without notifying BHUB.

(ii) Provide and respond to all requests from BHUB for information and documents necessary for Service provision. Under no circumstances shall BHUB be liable for the transmission of incomplete or inaccurate information in the event of not receiving the necessary and/or requested information in time.

(iii) Keep logins/passwords for the City Hall and Federal Revenue systems and the Digital Certificate available and up to date required to provide the contracted Services. Under no circumstances shall BHUB be liable for the failure to send said information if the CLIENT changes the user data and/or passwords of the systems referred to in this item (iii), including the Digital Certificate, and/or fails to update them with BHUB.

(iv) Respect all terms indicated by BHUB to enable the correct provision of Services or pay the amounts related to processes for “reopening” the provision of Services due to non-compliance with the term.

(iv) Take responsibility for the correct filing of all documents, including receipts and protocols received.

(v) Comply with any and all requirements, whenever necessary and requested by any public authorities, within the term allowed by the competent authority.

(vi) To engage in business activity ONLY AFTER COMPLETION OF THE REGISTRATION, pursuant to article 966 of the Civil Code, as well as to engage in activity that requires prior licensing only after obtaining the respective necessary license.

(vii) Carrying out bookkeeping and submitting accessory statements from the date of opening on the CNPJ Card, as required by law.

(viii) If necessary, register the company with the authorities that regulate its commercial activity;

(ix) Keeping your registration active and up to date with City Halls and other public authorities.

8.3. Any fines resulting from the delay in sending the requested documents after the legal deadline, which are due to the non-provision of the Services, due to the exclusive and proven fault of BHUB, shall be BHUB’s responsibility.

8.3.1. BHUB is exempt from paying the fines referred to in clause 7.3 if the CLIENT has given cause, for any reason whatsoever, including delays in the delivery of documents and statements or the actions and omissions of external entities and persons who are not employees or service providers of the BHUB, as well as in cases where there is not enough time to perform the Services and/or BHUB does not own the information and documentation necessary to carry out the activity, within the term indicated by BHUB.

8.4. The CLIENT declares that:

i) it is responsible for its business decisions and its company’s internal controls;

ii) its activity is not illegal according to the current laws;

iii) all the documents it generates and shall generate and forward to BHUB to provide the services are suitable, and the CLIENT is liable for the accuracy and legality of each one of them;

iv) is aware that it is its responsibility to issue Invoices, as well as to maintain and update its registration with the municipal authorities and on the BHUB Platform – when and if applicable;

v) is aware that it SHALL NOT BE ALLOWED TO EXERCISE BUSINESS ACTIVITY BEFORE COMPLETION OF THE REGISTRATION, pursuant to art. 966 of the Civil Code, nor shall it be able to exercise activity that requires prior licensing before obtaining the respective necessary license.

vi) is aware that it must keep logins/passwords up-to-date and available for the City Hall and Internal Revenue Service systems and the Digital Certificate required to provide the contracted Services, and BHUB is authorized, due to the Agreement purpose, to store them, as well as change them with public authorities, and may also create new accesses required by law. This authorization includes the possibility for BHUB to generate and sign powers of attorney and for the fulfillment of any legal obligation, including those subsequent to the signing of the Agreement, either on behalf of the company or its members (when necessary), in particular, but not limited to, municipal governments (this authorization does not transfer responsibility for issuing invoices to BHUB).

8.5. Under no circumstances shall BHUB be liable for any investment, costs, lost profits, third-party claims, or costs of supplying substitute goods or services, should the CLIENT commence the activities referred to in item vi above prior to the conclusion of the company opening process, nor shall BHUB be liable for any downtime costs, or any event which may result in damage to the CLIENT.

9. GENERAL PROVISIONS

9.1. The CLIENT acknowledges and agrees that it is responsible for the payment of any and all fees to be settled before any and all public or governmental authorities whenever necessary for the regular operation of the company, and its attendance and external personal services (due diligence) in these authorities (notary offices, trade boards, city halls) are not included in the Services provided by BHUB and may, if available in your area of activity, be contracted separately.

9.2. BHUB reserves the right to cancel or modify these T&C when it deems it appropriate, notifying this situation through a publication on the website https://www.bhub.com/.

10. EXPIRATION DATE

10.1. These T&C shall be valid for an indefinite period from September 25, 2023, until their general termination is published via the website https://bhub.com/.