Welcome to the Terms of Use of GENYPSO GESTÃO PARA PESSOAS LTDA, or simplynamed GYO or Affetic! It is a great pleasure to have you on board.

Thank you for choosing to be a user of our services.

Below we have listed important legal terms applicable to anyone visiting our website or using our services. These terms are necessary to protect both the Userthe website, as well as to make our services possible and more efficient for everyone. GYO offers a wide variety of services, products  and features and some of the terms below may not be relevant to the specific services you use.

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We understand that legal terms can be a tiring read and we seek to make the experience more enjoyable.  If you have any suggestions on how we can improve them, your suggestions are most welcome. Please contact us by email hello@affetic.com.br .

 

1. Introduction

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1.1. Our goal

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Our services provide our users with the ability to easily access, create, participate in, or benefit from  a strong, highly functional  online and mobile presence for themselves, manage and promote services, products, content and ideas, and so that they have an overall great experience with the products and services offered by GYO.

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1.2. legal contract

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These Terms of Use foraffetic.com.br or any other Genypso Gestão parapessoas Ltda.affetic.com.br  (hereinafter “GYO Website” and collectively “GYO Terms”), collectively comprise the entire terms and conditions applicable to each visitor or User (hereinafter “User” or “you”) of the GYO Website, GYO's mobile application (the “AFFETIC CONNECT App”) and/or any other service, application or feature offered by GYO in connection therewith unless otherwise provided by GYO (all services offered through the GYO Website or the AFFETIC App and/or AFFETIC CONNECT, collectively – “GYO Services” or simply “Services”).

 

The GYO Terms constitute a legally binding and enforceable contract betweenGENYPSO GESTÃO PARA PESSOAS LTDA. and its worldwide affiliated companies and subsidiaries (hereinafter simply “GYO” or any first person plural term) and the User in connection with your use of any GYO Services - therefore, please read them carefully.

 

The user may visit and use the GYO services and/or the AFFETIC CONNECT App only if he fully agrees with the GYO Terms - and by using and registering for any GYO Services, the user agrees and is bound by these Terms of Service use and any other GYO Terms applicable to the use of any GYO Service.  If you do not read, fully understand and agree to the GYO Terms, you must immediately leave the GYO Website and refrain from or discontinue any use of the GYO Services.

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By using our Services, you acknowledge that you have read our Privacy Policy, available on the website https://www.affetic.com.br/politica-de-privacidade  ("Privacy Policy").

 

1.3. User Account

 

In order to access and use certain sections and features of the GYO Services, a User must first register and create an account with GYO (“User Account”).

If any third party accesses your User Account and/or any settings on your User Platforms, they may perform any action available to you (unless otherwise specified in the GYO Services), make changes to youryour User service(s) and User Account, and accept any legal term available on those sites, make representations and provide warranties, among other things - and all such activities will be deemed to be carried out on your behalf and with your authorization.

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Therefore, we strongly recommend that Users keep their User Account access credentials confidential and allow access only to people they trust - as they will be the only person entirely responsible for all activities that occur under their User Account and on their User Platforms (including any declarations, guarantees or commitments made therein), whether or not authorized by the user, as well as for any damages, expenses or loss that may be incurred from such activities.

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The User must provide accurate and complete information when registering his User Account and using the GYO Services, of which the User will be the sole and exclusive holder. Users are strongly encouraged to provide their own (or their company's) contact and billing information, including a valid email address, which we may use to identify and determine the actual and current owner of the User Account and User Content. (as defined below), as reported to GYO.  

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In the event of a dispute over ownership of the User Account, GYO reserves the right to determine and grant ownership of the User Account based on its reasonable judgment, whether under independent investigation on its own initiative or otherwise.  However, if we are unable to make such a determination (in our sole discretion), GYO reserves the right not to make such determination, and/or to suspend the User Account until the parties disputing such ownership reach a resolution without incur any liability towards the user or third parties. GYO may request documentation (eg, government-issued identification, a business license) that can help us determine ownership.  The GYO will consider the following established principles, among others.

 

1. GYO will consider the owner of a User Account, User Platform and/or User Content created and submitted to the relevant GYO Services to be the person or entity with access to the email address then included in GYO's records for that User Account under which the User Platform or User Content was created.

2. If any Paid Services (as defined in Section 5 below) were purchased through a User Account, GYO will deem the owner of such User Account  and/or User Content created under such account as the person or entity whose billing information was used to purchase such Paid Services ("Billing Information"). 

3. Notwithstanding the foregoing, GYO shall be entitled to determine ownership of User Content at its option, including by disregarding the indications stipulated above, in the event that GYO considers, in its sole discretion, that the situation justifies such determination, all based on in the factual situation as determined by GYO.  

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2. User obligations

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2.1. The user declares and guarantees that:

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1. You are at least thirteen (13) years of age, or the legal age of majority in your jurisdiction and have the legal authority, right and freedom to enter into the GYO Terms and form a binding agreement, for you or on behalf of the person or entity committed by you to the GYO Terms;

2. You are not a resident of (or will use the GYO Services in) a country that has been embargoed by the US government to use the GYO Services, nor are you on the US Treasury Department's list of Specially Designated Nationals   any other regulationthe applicable trade sanction;

3. your country of residence and/or the country of incorporation of your company is the same as the country specified in the contact and/or billing address provided to us;

4. you understand that GYO does not provide any type of legal advice or recommendation regarding any laws or requirements applicable to your or any of your End Users' use of these Services, or their compliance therewith; And specifically with respect to User Content: And specifically with respect to User Content:

5. the user confirms that he is the holder of all rights and owner of all content sent or provided by him, or imported, copied or recorded by GYO Services for the user, for his User Platform (hereinafter “User Content”) , including any design, image, animation, video, audio file, font, logo, code, illustration, composition, artwork, interface, usernames, information provided by the user for the purpose of creating a subdomain name, text , work of literature, and any other material (“Content”), or which has (and will continue to have) full powers, title, licenses, consents, and authority, for User Content, as necessary to permit you to access, import, copy, legitimate use, publication, transfer or licensing of this User Content, by the User and GYO or any of its affiliates

6. the user has (and will retain) full power, title, licenses, consents and authority to allow the GYO Services to access any websites, web pages and/or other online services, for the purposes of importing, copying, displaying, recording, transmission and/or otherwise use, of your User Content.

7. User Content is (and will remain) true, up-to-date, accurate, does not violate any third party rights and its recording, importing, copying, possession, posting, transmission, display or otherwise use by the User cannot in any way be considered unlawful in the country where the user and/or visitors and users of its User Platform (hereinafter “End Users”) who will access the content reside, as well as access, import, copy, recording, use or possession by GYO and/or by End Users linked to the GYO Services;

8. has obtained all authorizations and permissions required by applicable law, in relation to the posting, transmission and publication of any personal information or image or likeness of any person, entity or property that forms part of User Content, and undertakes to observe the laws that apply to the respective content and use.

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2.2. The user agrees and undertakes to:

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1. rfully comply with all applicable laws and any other contractual terms that govern your use of the GYO Services (and any related interaction or transaction), including the specific laws that apply to you or your End Users regardless of your geographic location;

2. be solely responsible for any use of the GYO Services that occurs under your User Account and/or User Platform(s), as well as for any part of your User Content (including any consequencesauthority for accessing, importing, uploading, copying, using or publishing User Content on or in connection with the GYO Services);

3. regularly and independently record and back up all of your user content and user-processed information in connection with the User Platform, including that relating to End Users, User Products and any third-party applications and or Services used;

4. regularly receive messages and promotional materials from GYO or its partners, by mail, email or any other form of contact provided by the User (including the telephone number provided for voice or text messages). If the user does not wish to receive said notices or promotional messages, simply notify GYO at any time;

5. allow GYO to use any version of the User Platform (and any part thereof) permanently, worldwide and free of charge, for any GYO promotional or marketing activity, online and/or offline, and to modify it as necessary applicable for that purpose, and further waives any claim against GYO or any person acting on its behalf, in respect of any moral right, artistic right or any other similar right, present, past or future, worldwide, to that the user may be entitled to under their User Platform and in relation to the limited use permitted therein;

6. abide by GYO's sole discretion with respect to the means, formats and methods of delivering the GYO Services, including those relating to the hosting, transmission, publication and/or display of any Platform and/or User Content (including the publication and presentation of any advertising or commercial content relating to these features).

7. GYO shall have the right to offer the  GYO Services pursuant to alternative pricing plans and to establish different restrictions regarding the upload, storage, download and use of the GYO Services under each pricing plan, including, without limitation, traffic restrictions network and bandwidth requirements, size and/or duration of the Content, quality and/or format of the Content, sources of the Content, volume of download times, number of subscribers to your Content, etc.

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2.3. The User agrees and undertakes not to:

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1. copy, alter, reuse, derive works, download, adapt, reverse engineerto, emulate, migrate to another service, translate, compile, decompile or disassemble the GYO Website, the GYO Services (or any part thereof), any Content offered by GYO or Third Party Services for use and display on User Platforms (hereinafter “Licensed Content”) and/or any part thereof, in any form, or publicly disclose, perform, transmit or distribute any of the foregoing without the authorizationGYO's prior written consent and specific and/or express consent in terms determined by GYO;

2. forward, transmit or display any User Content or use Licensed Content in a context that could be considered defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or that in any way violates the rights of GYO or any third party (including any intellectual property right, right of privacy, contractual terms or fiduciary rights), or otherwise displays images of any person, entity or brand in an unfavorable situation, without their approval prior and express;

3. use any illegal action to collect login details and/or passwords for other websites, third parties, software or services;

4. phishing, collecting, uploading or otherwise providing credit card information or other forms of financial data used to collect payments, unless done in accordance with any applicable law, including the PCI DSS standard where applicable;

5. upload, input, collect or otherwise make available on the GYO website or services (or any part thereof), (i) any malicious, unlawful, defamatory or obscene content; or (ii) any “Protected Health Information” as defined in Federal Law.

6. publish and/or use the GYO Services or Licensed Content on any internet site, media, network or system other than those of GYO, and/or depict, deep link or page scrape, mirror and /or create a browser or bounded environment based on any GYO Service, Licensed Content and/or User Platform (or any part thereof), except as expressly permitted by GYO in advance and in writing;

7. use any “robot”, “spider” or other automatic device, program, script, algorithm or methodology, or any similar or equivalent manual process, to access, copy or monitor any part of the GYO Services (or the related data and/or Content ), or in any way reproduce or circumvent the navigation structure or presentation of any of the GYO Services to obtain or attempt to obtain materials, documents, services or information by any means not intentionally made available through the GYO Services;

8. act in a way that could be considered harmful to GYO's reputation and good faith or that could tarnish or harm GYO's image;

9. acquire keywords from search engines or pay-per-click (as in Google AdWords), or domain names using GYO or GYO marks and/or variations with or without intentional errors thereof;

10. impersonate any person or entity or provide false information about the GYO Services and/or the User Platform, either directly or indirectly, or otherwise perform any manipulation to disguise the identity or provenance of any message or protocol that you submit to GYO and any End User;

11. falsely state or otherwise misrepresent your association with any person or entity or falsely express or imply that GYO or any third party has endorsed you, your User Platform, your company, your User Products, or any statement made by you;

12. reverse search, track or attempt to trace another User's GYO Services, or otherwise interfere with or violate another User's right to privacy or other rights, or obtain or collect data that identifies visitors or users of the GYO Services and/or of the User's Platform, without the respective express and conscious permission;

13. disable, circumvent, bypass or otherwise circumvent any measure used to prevent or restrict access to the GYO Services, the User Platform, other users' accounts), or any other system or network connected to the GYO Services, acting as a hacker , mining passwords or otherwise illegal or prohibited;

14. perform probing, scanning or vulnerability testing of the GYO Services or any network connected to the GYO Services;

15. upload to the GYO Services and/or the User Platform or otherwise use them to design, develop, distribute or transmit or execute viruses, trojan horses, time bombs, bugs, spyware, malware or any other code computer, file or program that may damage or tamper with, or for that purpose, the operation of any hardware, software or telecommunications equipment or any other code or component that is potentially or actually harmful, harmful or invasive;

16. perform any act that imposes an unreasonable or disproportionately high load on the infrastructure of the GYO Services or the systems or networks of or connected to GYO, or otherwise interferes with or tampers with the operation of any GYO Service or the servers or networks that host them , or that infringes any requirement, procedure, policy or rule of these servers or networks;

17. use any GYO Service and/or User Platform to insert any type of spam, unsolicited messages, fraud, scam, phishing, “chain letters”, “pyramids” or similar conduct, or engage in marketing or advertising that may harm ethical principles;

18. access the GYO Services, User Accounts, Licensed Content and/or user content, through any means or technology (eg, scapping and crawling) other than our publicly approved interfaces.

19. sell, license or exploit for commercial purposes of any nature any use of or access to the Licensed Content and the GYO Services, except as expressly permitted by the GYO Terms;

20. remove or alter any copyright notices, watermarks, restrictions, and signs indicating exclusive rights of any licensor, including copyright marks [©], common creative article indicators [(cc)] or trademarks trademarks [® or ™] contained in or attached to GYO Services and Licensed Content; or

21. violate, attempt to violate or otherwise fail to comply with any GYO Terms or any law or requirement applicable to User's use of the GYO Services.

22. access or use the Services for the purpose of benchmarking or similar analysis for competition or to build a competing product or service
     

You acknowledge and agree that failure to comply with any of the foregoing provisions or misrepresentation hereunder may result in immediate termination of your User Account and/or any Service provided to you - with or without further notice to user, and without any refund of monies paid for any Service. 

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3. Content and Ownership

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3.1. Propertyuser's intellectual

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Under the terms of the agreements between GYO and the User, the latter owns all Intellectual Property rights relating to its User Content and any other material created by the User, including all designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artwork, codes, interfaces, texts, and literary works. GYO does not claim ownership rights in User Content. For the sole purpose of granting you the service, User acknowledges and agrees that GYO will need to access, upload and/or copy User Content to our platform, including cloud services and CDN's, to make adjustments to thebition, duplicates for backup and perform any other technical measures and/or uses necessary for the performance of our services, as GYO deems appropriate.

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3.2. GYO's intellectual property

 

All rights, title and interest in the GYO Services, including any and all copyrighted material or any other such content that is or may become the subject of any Intellectual Property right under any applicable law (including any artwork, graphics, images, websites, templates and widgets, literary works, fonts and object codes, computer codes (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and ambience” of the GYO Services, methods, products, algorithms, data, interactive objects and features, advertising and shopping tools and methods, inventions, trade secrets, logos, domains, custom URLs, trademarks, service marks, trade names and other unique identifiers, whether or not registered and registerable (hereinafter collectively, “Intellectual Property”), and any derivation thereof, are owned by and licensed to GYO.

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Subject to your full compliance with the GYO Terms and timely payment of all applicable Fees, GYO hereby grants you, upon creation of your User Account and for as long as GYO determines, a non-exclusive, non-transferable license to use , non-sublicensable, fully revocable and limited to the GYO Services and Licensed Content, for the purpose of generating and displaying the User Platform to End Users and for offering their User Products (as defined below) on this website only as expressly permitted by the GYO Terms, and only within the scope of the GYO Services.

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The GYO Terms do not grant any right or interest in GYO's Intellectual Property (or any part thereof) other than the limited license expressly granted under the above.  Nothing in the GYO Terms constitutes a grant or waiver of GYO's Intellectual Property Rights under any law.

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In addition to the above, some fonts included in the GYO Services and made available to you are licensed to GYO by a third-party provider and are therefore subject to that provider's supplemental license terms, which are summarized and available for your review on the website https://www.affetic.com.br

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3.3. feedback and suggestions

 

If you provide any suggestions, comments or any other feedback to GYO regarding the GYO Service (whether existing, suggested or contemplated), which are or become subject to any Intellectual Property rights ("Feedback"), such Feedback will belong exclusively to GYO. By providing this Feedback to GYO, User acknowledges and agrees that this Feedback may be used by GYO to further: (i) develop, customize and improve the GYO Services, (ii) provide ongoing assistance and technical support, (iii) contact the User with general or personalized GYO-related notifications or and/or interview requests based on the User's comments or otherwise, ( iv) facilitate, sponsor and offer certain promotions and monitor performance, (v) create aggregated statistical data and other aggregated and/or inferred information, which GYO may use to provide and improve its services, (vi) improve the security capabilities of GYO's data and fraud prevention practices, and (vii) comply with any applicable laws and regulations. Furthermore, User (1) represents and warrants that such Feedback is accurate, complete and does not infringe third party rights; (2) irrevocably assigns to GYO any right, title and interest that the User may have in such Feedback and (3) explicitly and irrevocably waives any and all claims relating to any past moral rights, artists' rights or any other similar rights, present or future worldwide regarding or to such Feedback.

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4. Privacy

 

DCertain parts of the GYO Services (including certain third-party Services available through the GYO Services, explained in more detail in Section 8 below), require the submission, collection and/or use of certain personally identifiable information. In particular and as part of accessing or using the GYO Services, GYO and third party services may collect, access and use certain data belonging to GYO and End Users, including the activities or browsing data of Users and End Users, through the GYO Services and User Platforms.  We encourage you to read our Privacy Policy and the policies of services provided by third parties on a regular basis, to learn about the terms of said data collection and data use practices.

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5. Service fees

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5.1. Paid Services

 

Use of certain GYO may be subject to the payment of specific Fees, as determined by GYO in its sole discretion (hereinafter “Paid Services” and “Fees”, respectively). GYO will alert the user of the Fees in force, in case of use of any paid Service. If you wish to receive or use such paid Services, you must pay the applicable Fees first.

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GYO reserves the right to readjust its Fees at any time, upon notice to the user in case the readjustment affects their current subscriptions. If you have received a discount or other promotion, GYO reserves the right to renew your subscription to GYO Services automatically and without notice) using the applicable Fees.

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All Rates are to be interpreted as in Brazilian currency (Reais), unless otherwise specified in writing published by GYO. To the extent permitted by law (unless otherwise specified by GYO in writing), all Fares are exclusive of taxes of any nature (including ad-valorem taxes, sales, goods and services taxes, etc.), levies or duties imposed by tax authorities (collectively “Taxes” herein), and you are responsible for paying all applicable taxes in connection with your use of the GYO Services or any payment or purchase made by you through GYO. If GYO undertakes to collect or pay taxes on the Fees charged to the user, whether these taxes are added to the Fees or collected by the user as a result of previous transactions, these taxes must be added to the payment of open Fees and will appear on the respective invoice. these transactions. We recommend that the user check for any additional fees that may be charged by third parties in connection with the purchase of Paid Services or in connection with their renewal (such as international transaction fees, currency exchange fees or fees payable to banks or credit card companies). GYO is not responsible for any additional fees or costs.

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As part of registering and submitting information to receive for Paid Services, the user authorizes GYO (directly or through its subsidiaries or authorized third parties) to request and collect payments and service fees (or charges, reimbursements or to take actions collection) of the user's payment service provider or their registered bank account, as well as to make any inquiries that GYO or its affiliates deem appropriate to validate the account designated for payments or the user's financial data, in order to ensure prompt payment, including in order to receive updated payment details from your payment service provider, credit card issuer or bank (e.g. to update due dates or credit card number provided to GYO by the user's credit card company).

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You must maintain a saved credit card with GYO to pay for your Paid Services ("Saved Card"). You will be able to identify your Salvo Card by the last four digits in your Account Settings Page.

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5.2. Invoices

 

GYO and its affiliated companies will issue an invoice or credit memo for all Fee payments or refunds made byGYO or to it (herein, “Invoice”). Each invoice will be issued in electronic form, based on the country registered in your billing address, and will be available to you in your User Account and/or by email. For billing purposes, GYO may require certain personal information from the User (as provided in the Privacy Policy) in order to comply with local law. Please note that the invoice presented in your User Account may be insufficient to meet local legal requirements. In that case, it should only be used for formalization purposes.

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5.3. Automatic subscription renewal

 

To ensure that the User does not suffer any interruption or loss of service, certain Paid Services include an  auto-renewal option by default, whereby unless the User Cancel the automatic renewal option, such Paid Services will automatically renew at the end of the applicable subscription period, for a renewal term equal to the original subscription term (excluding periods (extended terms), and, unless otherwise notified by you, for the same price (subject to applicable Tax changes and excluding any discount or other promotional offer applied to the first term) ("Renewal of Paid Services").

For example, if the original subscription period for a certain service was one month, all renewal periods (where applicable) will be one month. Therefore, when applicable, GYO will automatically attempt to charge the User the applicable Fees using the Salvo Card, within a period of up to 02 (two) weeks before the start of that renewal period. In the event that the User fails to collect the Fees owed, GYO may, at its sole discretion (but without being obliged to), attempt to charge again on another date and/or suspend or cancel the User Account, without further notice. If the user's Paid Service Renewal is subject to an annual or multi-year subscription period, GYO  will seek to notify the User prior to the renewal of this Paid Service at least 30 (thirty) days prior to the renewal date.

 

The User may deactivate the automatic renewal option for Renewal of Paid Services whenever he wants, through his User Account or by accessing GYO Help Center.​​

Some services may not renew automatically, either by mistake or intentionally. The user must ensure that his subscription has been renewed in a timely manner.

 

5.4. Money back guarantee

 

If the User is not satisfied with GYO Services that are subject to a Fee for a period of service or subscription commitment and it is their first purchase of this service, the User may issue notice of cancellation for any reason within 14 (fourteen) days from the date of first ordering or activating the respective GYO Services (the "Refund" and "Refund Period"). The Refund is only applicable to the first purchase of GYO Services that is an upgrade of a free service through the purchase of a paid service. The refund does not apply to any additional purchases, upgrades, modifications or renewals of the GYO Services. If you reside in a jurisdiction that requires a longer Refund Period, GYO will adapt to such requirement smoothly, observing all applicable laws.  If GYO receives such notice of this Refund Period, GYO will refund to you the amount paid for the GYO Services in the currency in which you were originally paid, and thewill cancel as requested.  We remind you that the refund amount may be different from the amount paid by the User due to changes in currency exchange and third-party fees. GYO will not be responsible for any differences caused by changes in currency exchange rates or fees charged by third parties. 

 

Once the refund period has elapsed, the Fees paid by the user will no longer be refundable and the services will no longer be cancelable.  Furthermore, if GYO deems that a cancellation notice has been issued in bad faith or as an illegitimate attempt to evade payments for services actually received and used, the company reserves the right to charge the user who issues such notification by any GYO Service actually used, in accordance with the law.

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Note: Certain GYO Services purchased or through these may be non-refundable. Among them, we can mention Third-Party Services such as commercial tools and applications. The terms of each purchased service are indicated on the GYO website and/or as part of the purchase process for the services or applications themselves. It is up to the user to check the possibility of canceling a service before purchasing it. GYO will not refund any amount paid for non-refundable Services, Apps or Third Party Services.  

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5.5. Chargeback or "payment reversal"

 

If, at any time, GYO records a denial, Chargeback or other rejection of a charge for any Fees due to your GYO account ("Chargeback"), this will be considered a breach of your payment obligations.ment under this agreement and the right to use the GYO Services may be automatically deactivated or terminated.

 

In the event of an effective Chargeback, the User Account may be blocked without the option of repurchase or reuse, and all data contained in that User Account, including any third-party application or Service, will be subject to cancellation and loss of capacity (as defined in Section 6.3 below). 

 

Your use of the GYO Services will not resume until you resubscribe to the GYO Services and the applicable Fees are repaid, including any fees or expenses incurred by GYO and/or third parties in connection with such Chargeback (including Fees for GYO Services provided prior to said Chargeback, handling and processing of Fees and charges by the payment processor).

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In case of doubts or questions regarding payments made to GYO, we encourage the user to first contact our Customer Service, before triggering any institution to effect Chargebacks or reverse payments, in order to avoid the cancellation of GYO Services and the blocking of the user's Account, as well as to avoid the execution of an undue or mistaken Chargeback, which could result in the user being liable for the costs incurred, in addition to the corrected payment of all Fees applicable to the GYO services purchased (and Chargeback) by the user.

 

GYO reserves the right to dispute any Chargeback received, including providing the financial institution or credit card company involved with any information and documentation that proves that the user is in fact responsible for amounts unduly reversed due to having authorized the respective transaction and having actually used the respective services rendered subsequently.

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6. Cancellation

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6.1. Cancellation by User

 

You may stop using and request cancellation of your User Account and/or any GYO Service, at any time, in accordance with the instructions available on the GYO Services. The date and time the cancellation takes effect will be the date and time the user has completed the cancellation process on the GYO Services website, and the effective date of cancellation for the paid Services will be the end of the term. Subscribing to Paid Services.

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Notwithstanding any provision to the contrary in this instrument, in relation to the Paid Services Renewal subscription, this type of subscription will be interrupted upon expiration of the respective term that has already been settled. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and the corresponding charge, the cancellation request must be made at least fourteen (14) days before the expiration date of the then-current period of services.

​For more information on canceling Paid Services, please contact GYO.

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6.2. Cancellation by GYO

 

Failure to comply with any GYO Term and/or payment due will entitle GYO to suspend (until full settlement) or terminate the User Account and User Platform (or certainresources thereof), as well as the provision of any related GYO Services (eg Paid Services) or Third Party Services utilized by the User.

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6.3. Loss of data, content, and capacity

 

If the User Account or any GYO Service or Third Party Service related to the User Account is terminated (whether at the User's request or by GYO), this may result in the loss of content, features or capacity in the User Account, including any content user data, End User data or other usage data recorded in the account, and also including reservations. GYO is not liable in any way for such Loss of Capacity or for performing backups of User Account, User Content or End User data. Please also note that additional Fees may be charged for reactivating a User Account and/or for any GYO Services subsequent to cancellation, as determined by GYO in its sole discretion.

 

If the user's Account or any service is cancelled, this may result in the loss of content and data. The user is responsible for making backups of his data and materials.

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7. E-commerce

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7.1. General

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The GYO Services also include certain features that enable you to sell products, content, media, event tickets and services through your User Platform (herein, “User Products” and collectively, “Electronic Commerce”) .

 

The user is solely responsible for his User Products and activities related to E-Commerce, for any promotion or Content related thereto, cited therein or that form part of the User Platform, as well as for compliance with all laws applicable to such activities. . GYO is merely a provider of the platform used by users to manage their online E-Commerce activities. GYO is not involved in the User's relationship and/or in any of its dealings with any potential or actual purchaser of the User's Products.

When a person purchases User Products, payments for the respective transactions will be processed  third-party payment providers ("Payment Providers").

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7.2. Payment Providers

 

Depending on your location, when purchasing certain Plans (as offered on the GYO Website), GYO may automatically link a payment account to your name to allow you to accept payments from your customers. Transfers from these accounts are subject to completion of the registration process with payment providers. Any account connected to other Payment Providers will be governed by the relevant Payment Provider's terms of service. GYO is not a party to or responsible in any way for your relationship with these Payment Providers or for the actions of any of them. You acknowledge and agreethat if you do not wish to keep any Payment Provider active, it is your responsibility to deactivate them.

 

7.3. Events

 

Depending on your plan, GYO may charge you fees for event tickets sold. You agree to pay these fees as requested by GYO, and you authorize GYO to instruct youryour payment processing partners or your Payment Provider, as the case may be, to deduct those fees from the transactions in question, or otherwise collect those fees.

 

7.4. Electronic Commerce commitments and guarantees

 

By using our E-Commerce features, you agree, warrant and undertake to be solely and fully responsible for all Taxes and fees, of whatever nature, associated with your E-Commerce activities, including Taxes related to the purchase and sale of User Products, and to collect, declare and transfer the correct amounts to the competent bodies and/or inform their End Users accordingly, providing them with an invoiceaccording to the law. Taxes indicated by the E-Commerce features that GYO provides are indicated for illustrative purposes only, not serving as a reliable source. You are responsible for all expenses related to sourcing and delivering your User Products and delivering them in a professional manner consistent with industry standards. You are solely responsible for all statements and promises you make and for any assistance, warranty and support relating to User Products, and you must provide reliable contact details for questions, complaints or requests. You may not offer or sell any User Products or provide any Information, Content or material relating to User Products that is considered dangerous, counterfeit, stolen, fraudulent, offensive or abusive, is prohibited from sale, distribution or use, or is otherwise prohibited from being sold, distributed or used. otherwise fails to comply with applicable laws, including consumer law, intellectual property or privacy, product safety, trade regulations and sanctions, support, maintenance and export. GYO may, at any time and in its sole discretion, suspend, disable access to or remove its User Platform and/or User Products, regardless of whether they are incorporated, published or integrated into its User Platform or not, without any liability to you or any End User, including any resulting Loss of Capacity.

 

7.5. Apple Pay

 

Depending on your location, you may be able to accept Apple Pay payments. By using Apple Pay, you agree to the Apple Pay Platform Web Merchant Terms and Conditionst, (in English) knowing that theApple updates them regularly. We can activate your Apple Pay account for you, or you can activate it yourself. However, it is up to you to disable it if you wish. For the avoidance of doubt, Apple Pay is a third-party service as defined in Section 9 below.

 

8. Video services

 

As part of the GYO Services, GYO may provide video services for managing videos on the User Platform (the "Video Services").

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Use of the video services for the User's User Platform may require the User to receive a license to use certain patents of MPEG-LA (the "License").  It is solely up to the user to decide whether their activities require a license and to obtain one. License information may be obtained from MPEG LA L.L.C. on the website http://www.mpegla.com.

 

In addition to Section 13 above in these Terms of Uwithout any limitation of liability, the User shall fully indemnify, defend and hold harmless GYO, its directors, shareholder directors, employees, affiliates and agents, from any and all damages and costs, liabilities, losses, obligations, debts and expenses ( including attorney's fees), as attributable to, arising out of or in connection with the infringement and/or misuse of patent fund under the MPEG-LA consortium.

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​If the User needs a more comprehensive plan than the plans normally offered by GYO, he should contact our support team by email:  contato@affetic.com.br.

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9. Third Party Services

 

The GYO Services enable the User to quote and contract certain third-party services, products and tools to optimize their User Platform and their overall User experience, including, without limitation, applications and third-party widgets offeredon GYO websites, third-party licensed content, media delivery services, E-Commerce Payment Providers, vendors of tangible products, etc. herein, collectively “Third-Party Services”)

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The user acknowledges and agrees that, regardless of how such Third Party Services may be offered to you (bundled or integrated with other GYO Services, separately via GYO or GYO accredited or authorized professionals, or offered at any location within the GYO Services), GYO acts merely as an intermediary platform between the user and third-party services and does not in any way endorse any third-party services, nor is it responsible for any aspect of them.  GYO shall not be a party to or in any way responsible for the monitoring, interaction or transaction between the user and the third-party services.

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The User acknowledges that such services may require additional fees to be paid to GYO and/or the Independent Providers of these Services.  

 

Any and all forms of use of such third-party services will be the sole burden, risk and responsibility of the user and may be subject to the legal and financial provisions that govern the respective services, which the user must be aware of before contracting them.

 

If you use third party services, software or products when using their Services, you represent that you are complying with their terms of use. For example, if you use YouTube when using the services, you must follow the terms (https://www.youtube.com/t/terms) and privacy policy ( https://www.google.com/intl/en/policies/privacy/) of YouTube, according to the version in force on the date of use of the services.

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While we strive to prevent incidents of this kind, GYO may, at any time, in its sole discretion, prevent access to or remove from the User Account, the User Site(s) and/or the GYO Services, any Third Party Service – whether or not incorporated or added to your Account and/or your website at the time – without any liability to you or End Users.