NEXTAR'S TERMS OF SERVICE (USE)

Last update: December 05, 2023.

Welcome to NEXTAR ("Nextar Software Technology").

This Term of Use is for you (USER), who have accessed/registered at NEXTAR's website or via application stores/are a subscriber of Nex PREMIUM plan or Nextar POS (our commercial management software), and confirm the concern of

 NEXTAR Tecnologia de software LTDA (https://www.nextar.com.br/), located at ACATE Primavera Innovation Center (Rodovia SC 401, Km 4 Bairro Saco Grande, Florianópolis - SC), registered with the CNPJ under nº 04.580.911/0001-96 (DEVELOPER)with your protection, because it is for the success of our users that we are all working every day! 

‍Introduction:
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In compliance with the provisions of Law No. 13,709/2018 - General Law of Personal Data Protection - LGPD (in brazilian portuguese Lei Geral de Proteção de Dados Pessoais), we inform you that:

‍Be aware: All laws, decrees and other norms cited and referred to in this Term are part of the Federative Republic of Brazil legislative framework.

1. This Agreement governs the use of our business management software "NEX" and all features, applications, services and technologies made available by NEXTAR Software Technology Ltd.

2. You, who are a "User" of NEXTAR's products, must read and make sure you understand this Term of Use in order to accept the conditions set forth herein, being aware of all the information contained in its scope.

‍Be aware: You should read this Term carefully and attentively, as it contains important information about your rights and about the obligations related to the access or use of our products/services.

3. To better serve your interests, it is essential that you accept these Terms of Use (and other company policies and principles) when using NEXTAR's products, so that you can have access to all of our commercial management software's functionalities.

‍Be aware: By accessing/using our business management software Nex, you agree to be bound by these Terms and to abide by all its rules.

4. For your (and our) safety, we comply with the civil laws regarding the capacity to perform acts (necessary for your registration and to contract our services):

a) You state that you are over 18 years of age;

b) If you are using our Business Management Software NEX on behalf of an entity and/or legal persons of private law (Article 44 of Civil Code), you:

b.1) guarantee to be authorized to accept the present Term on behalf of the respective entity and/or legal entity, as well as

b.2) guarantee that this entity and/or legal entity agrees to indemnify NEXTAR for any violations of the obligations described in this Term.

‍Be aware: it is your responsibility to ensure the accuracy of the personal data provided for the hiring of our services and to keep them updated.5. You, who are a User of NEXTAR's products, are fully responsible for any and all acts you perform while using them.

‍Be aware: NEXTAR is not obliged to process Personal Data of users who

a) use in bad faith;

b) if NEXTAR may be held liable for a legal or regulatory violation; or 

c) if we detect that the user is using our environments (physical/digital) for illegal, illicit or immoral purposes.

6. If you (User) do not agree with any of the conditions set forth in this Term, you should not use the website and other Nextar products.

I - NEXTAR TERMS OF USE SUMMARY:
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We have prepared this Summary to present to you the main conditions of this Term.

Be aware: reading this summary does not replace the reading (and acceptance) of all the information contained in its scope, which are listed below, in item II (NEXTAR TERMS OF USE).

The present version of NEXTAR's Term of Use is dated from: July 03, 2023, but as we evolve every day - to fulfill our mission of making commerce as easy and efficient as possible for everyone, this Notice may be adjusted at any time to adapt it to the evolution of our services.

II - NEXTAR TERM OF USE

1. What is this term used for?

1.1 The conditions herein apply to products and services provided by NEXTAR TECNOLOGIA DE SOFTWARE LTDA, a private legal entity, enrolled with the CNPJ under no. 04.580.911/0001-96, headquartered at Rodovia José Carlos Daux, 4150, block "C", room 8, in Florianópolis/SC, Zip Code 88.050-000, hereinafter referred to as "NEXTAR" and or "Developer".
      1.1.1 It is important that you (User), know that the personal data you provide to access our products and services are your sole responsibility and you have the right to suspend them or delete them from our records.

1.2 This Term of Use, presents the main rules to be observed (and followed) by the users of our products and services, including our commercial management software NEX (which allows merchants to have total control of stock, sales, orders and quotations, Online Product Catalog), application, as well as other functionalities made available at the URL addresses:
‍https://www.nextar.com

‍https://www.nextar.com/pricing, https://my.nextar.com,

‍https://www.nextar.com.br/blog, 

‍https://help.nextar.com,

‍https://www.apple.com/br/app-store/ and,

https://play.google.com/store
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      1.2.1 This Agreement does not create any kind of relationship (beyond licensing) between the User and NEXTAR, which means that its agreement will not generate any limitation, partnership, mandate, partnership, association, joint-venture, consortium, formation of economic group, employment relationship or similar. NEXTAR will remain an independent and autonomous entity.
      1.2.2 In possession of this information, you declare to be aware and agree that the services made available by our commercial management software NEX, depend on the plan purchased, which present different features according to what is described in the plan.
     1.2.3 You declare to be aware and agree that all rights linked to the NEX commercial management software are owned and reserved by NEXTAR.

2. What information is made available about the use of NEXTAR's website, products and services?

2.1 Our website, products and services, as a digital environment, allow the User to hire our management software, entitled "NEX", which provides a complete commercial management service: Online Product Catalog (exclusive to Nex Desktop), stock control, sales, orders and quotations, besides having an intuitive POS. 
2.1.1 The WebSites are responsible for the dissemination and availability of Nextar Products, which in turn configure computer programs dedicated to the management of different types of commerce, as detailed description that appears in the Sites.
2.2 Our electronic platform guarantees your access with security and ease, offering you a unique navigation experience, in which the services offered (together with their prices) are displayed, as well as the promotions, exposition of the forms of delivery and payment referring to the services offered.
       2.2.1 To access our electronic platform in a safe way, and fully use its functionalities, the User must have compatible electronic devices and equipment, Internet connection service with antivirus and firewall enabled, original/licensed software (and, duly updated), besides adopting cyber security measures, sufficient to avoid data breaches, such as the use of a strong password.
2.2.2 Our Website and Nextar Products may not function properly due to network problems and/or connection problems of any of the parties involved (fortuitous event/force majeure), which are beyond the Developer's control and, therefore, are not its responsibility.
2.2.3 The User is aware that our Website and the Nextar Products may not be compatible with other programs installed on its electronic devices and equipment; or present flaws (as yet unknown to the Developer), which, eventually, may obstruct the Users' access, generate incorrect information and/or not properly store the data deriving from the User’s activities

2.3 The User authorizes the Developer to display any type of advertising on the website and/or Nextar Products, as well as is aware that any eventual remuneration arising from such advertising will be the sole and exclusive responsibility of Nextar.

2.4 Our website has some features, however, improvements and updates may occur periodically, as we are a company of people making other people's lives easier through technology. Thus, NEXTAR is committed to:

a) Preserve the good functioning of our electronic platform, with the use of functional links and layout that respects usability and navigability, whenever possible;

b) Display the functionalities in a clear, complete, precise and sufficient manner, so that our users have the exact perception of the operations performed; and

c) Guarantee (by means of the state of the technique available) the secrecy of the personal data that may be captured, being them only accessible by people authorized by NEXTAR and by whom the User consents, besides himself/herself.
        2.4.1 NEXTAR also undertakes to grant you the right to use our website and/or our Products and services, provided you comply with the terms of this Term. However, it is expressly prohibited:

a) reproduce or retransmit (in part or in whole) the NEXTAR websites and/or Products and services;

b) use data mining and/or similar device to collect and/or extract data from the Websites and/or the NEXTAR Products and Services;

c) manipulate or display NEXTAR's websites and/or Products and services and/or their respective content using framing or related navigation technology;

d) perform reverse engineering on the websites and/or the NEXTAR's products and services.

2.5 The Company responsible for our electronic platform is NEXTAR itself.

3. Individual Microentrepreneur Declaration (MEI). 

3.1. Our application allows us to serve customers who declare themselves as Individual Microentrepreneurs (MEI), as long as the following guidelines are met:

a) The User who wishes to qualify as an Individual Microentrepreneur (MEI) must, when activating the invoice, select the option "MEI - Individual Microentrepreneur", self-declaring that they fit into this simplified business model. After this self-declaration, our team will conduct a consultation with the competent bodies in order to ensure that the User, in fact, meets the requirements established for the MEI.

b) After becoming an Individual Microentrepreneur (MEI) on our platform, the user will have the decision to sell their products or services to individuals or legal entities. If you choose to sell to a company, issuing an invoice will be mandatory. On the other hand, if the sale is to an individual, the user will be free to complete the transaction without the need to issue an invoice with legal value.

c) It is the User's responsibility to keep their business model updated on the platform, especially when there is a change to the Simples Nacional tax regime or another business regime. If our team identifies that the User has incorrectly declared himself as MEI, for example, with the intention of benefiting from a simplified tax regime, we reserve the right to block the User's access. In this case, the User must contact us to make the necessary change to the correct regime.

d) By agreeing to these terms, the User grants us express, irrevocable and irreversible authorization to monitor their business model, with the aim of preventing any misuse of the tax rules in force in the country. This inspection aims to ensure compliance with tax rules and the integrity of our system.

3.2. In addition to the declaration of Individual Microentrepreneur (MEI) by the User, we reserve the right to demand the presentation or consult the Cadastro Nacional de Pessoa Jurídica (CNPJ) registration in the Cadastro Nacional de Empresas Inidôneas e Suspensas (CEIS) registration of the Receita Federal do Brasil (RFB). We can also check any communications of MEI user non-compliance on public channels made available by the RFB. 

4. How do I register with NEXTAR?
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4.1 In order for the User to obtain access to the exclusive "NEX" desktop customer area, and create his/her Access Account, he/she must:

a) fill out the registration form with certain information that is strictly necessary to provide the service (that is, to achieve the purpose sought by the User).

This data has its security guaranteed by the protection system installed in NEXTAR's website, especially for this purpose. 

Personal data such as telephone number, e-mail, and ID (informed in the registration) will be associated with a single User/registration file. 

As for Mobile, all you have to do is access the application store, either IOS or Android, download it, and all that is required is a username and password.

Be aware: Under no circumstances will our website accept the registration of new accounts owned by the same User.

b) create your login and password, which are unique, personal and non transferable

‍Be aware: the User is responsible for the safekeeping and secrecy of his own password.If the user forgets his password, a new one can be created to access our website, by requesting it to NEXTAR SUPPORT, informing the e-mail address used in his initial registration.

4.2 From the moment you start using our electronic platform, it is also necessary that you declare to be aware that you are the only and exclusive responsible, (including civil and criminally), for the correctness and accuracy of the information provided in your Registration.

‍Be aware: when necessary, we can verify your registration information, and in case NEXTAR identifies any kind of malicious and/or fraudulent attitude in the provision of incorrect or false information that has been registered by any User, we can suspend or cancel the registrations that we believe violate the rules and guidelines established by NEXTAR.

4.3 By creating your Access Account, you consent toa) the collection, use and storage of your information, subject to the limits of our Privacy Notice.b) the sending of messages (e.g. usage guidelines, e-mail marketing, communications, etc.) to the e-mail address provided by the User.c) sharing any information collected in accordance with our Privacy Notice.

4.4 Information collected through our electronic platform may be stored and processed in any country in which the Developer or its affiliates, subsidiaries, partners or agents maintain offices and, by using the Sites and/or Nextar Products, you consent to the transfer of such information outside of your country, subject to the limits of our Privacy Notice.

4.5 Your registration data is under our responsibility during its entire life cycle, and its use, access and sharing with other treatment agents (when necessary) is limited to the business limits described in our Privacy Notice.
      4.5.1 We are concerned with the security of our users, therefore, in sharing data with other treatment agents (when necessary), these agents will only receive the information necessary to provide the contracted service, and will be obliged to maintain the confidentiality of the information shared, not being able to use it for any other purpose.
      4.5.2 Whenever possible and compatible with the functionalities of NEXTAR's websites and Products, the information handled by the developer, will be anonymized in order to preserve the Users' data, according to the provisions of our Privacy Notice.
      4.5.3 The website and/or NEXTAR Products may use cookies or other technologies to help personalize your experience, subject to the limits of our Cookies Policy.

4.6 IN RESPECT TO YOUR RIGHT TO INFORMATIONAL SELF-DETERMINATION, WE WILL ASK FOR YOUR (PRIOR AND EXPRESS) AUTHORIZATION BEFORE USING YOUR INFORMATION FOR ANY PURPOSES OTHER THAN THOSE DEFINED HEREIN.

5. How and when can I cancel or suspend my registration?

‍5.1 The User has the right to request the cancellation/suspension of his registration at any time.

‍Be aware: Any and all cancellation requests must necessarily be made directly with our support team at support@nextar.com. If you wish to have your data anonymized, the request must be made in the same environment, and then directed to our data administrator, who will make the necessary arrangements with the technology team.
      
       5.1.1 The request for cancellation of registration, implies the deletion of all information about the User, including browsing history and personal data (however, some of this data may be kept for a period of 5 (five) years, to comply with our legal and regulatory obligations).
      5.1.2 The User is aware (and agrees) that the cancellation of the registration implies in the restriction of its access to the full functionalities of NEXTAR's website and electronic platform.
      5.1.3 NEXTAR is not responsible for any damage to the User, resulting from the cancellation of the registration.

5.2 NEXTAR reserves the right to suspend or cancel, at any time, the User's registration, as well as their access and use of the Website and our electronic platform, in case of suspicion of fraud, falsehood in the content of the information, obtaining benefit or advantage in an illicit manner, misuse or inappropriate use of the services or use for illicit purposes, as well as the non-compliance with any conditions set forth in this Term of Use or in the applicable legislation for the case.

‍Be aware: In these cases, no indemnity will be due to the User, and NEXTAR will still be able to use legal measures to hold the offender responsible, as well as take any other necessary measures to pursue and protect its interests.

5.3 NEXTAR reserves the right, at its own discretion, at any time and without any prior notice to the User, to permanently or temporarily discontinue the Services available through the website and electronic platform, in which case, no compensation will be due to the User.

6. How can I do it and when can my registration be ported?

‍6.1 The User has the right to request the portability of his or her registration upon express request.

‍Be aware: Any and all such requests must, of necessity, be made directly to our Responsible for personal data processing/Data Protection Officer - DPO at support@nextar.com.

7. Who owns the solutions provided by NEXTAR?

7.1 You are aware that NEXTAR owns all rights and/or interests in relation to the electronic platform solutions, including all intellectual property rights related thereto, without any reservation or exception, so that none of these rights shall be conferred to our Users.
     7.1.1 All intellectual property rights related to our NEX commercial management software, as well as all of its functionalities, are the exclusive property of NEXTAR, including with regards to its texts, images, layouts, software, codes, databases, graphics, articles, photographs and other similar content produced directly or indirectly by the developer.
    7.1.2 This protection includes the ownership and use of the NEXTAR trademark, NEXTAR's company or domain name, as well as software programs, databases, networks and files.

7.2 You, by yourself and/or through any third parties acting on your behalf(Customers or Partners), agree to respect the intellectual property rights and/or copyrights of the materials, equipment, software (including its source codes), hardware, trademarks, technologies, names, patents, logos, programs, works, processes, procedures, applications, stored data, systems, methodologies, formulas, procedures know-how and/or any other tangible or intangible assets owned exclusively by NEXTAR, with no transfer of such rights, except for what is strictly necessary for the provision of our services, and within the express limits of the Agreement signed for the use of our electronic platform, being hereby agreed that they are protected by intellectual property rights and/or copyrights.

7.3 The User is prohibited from:

a) include in our electronic platform data that may modify its content or appearance.

b) create software that "copies the trade dress" that integrates our electronic platform. 

c) use, copy, reproduce, modify, translate, publish, transmit, distribute, execute, upload, display, license, sell or exploit and reverse engineer our electronic platform for any purpose without our express prior consent.

d) access our Services in order to:

d.1) make a competing Software or service or

d.2) copy any materialized ideas, elements, resources, functions and/or graphics from our electronic platform.e)use meta-brands or any other kind of "hidden code" containing the expressions "NEXTAR", "NEX", or any other expressions identical or similar to brands, logos, slogans, domain names and company names relating to NEXTAR websites and Products, without the prior written permission of the Developer's legal representative, except as expressly authorized in this Term.

7.4 All feedbacks, opinions, suggestions for improvements (or other ideas) provided by Users, shall not confer any ownership over their eventual implementation in our services and products.
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Be aware: feedbacks, opinions, suggestions for improvements (or other ideas) regarding NEXTAR's goods and services, are provided by the User free of charge, irrevocable, irreversible, total, perpetual, without any remuneration, royalties, acknowledgement or indemnity.

THIS MEANS: Any and all developments, arrangements, improvements or alterations to the electronic platform and its functionalities made by NEXTAR, even if suggested (or requested by the User), will be considered NEXTAR's exclusive property; so that, it can freely use them and adapt them, improve them, transform them, distribute them, commercialize them, register them, assign them and license them, at any title and at its sole discretion, without limitation.

7.5 Our electronic platform is protected by copyright and industrial property laws, which means that any unauthorized use of tangible or intangible assets owned exclusively by NEXTAR will be considered a violation of copyright and industrial property rights and will be subject to the applicable judicial measures.

7.6 NEXTAR reserves the right to, at its own discretion and at any time, change/remove functionalities that are not aligned with its interests, as well as add new functionalities (that bring benefits to the use of our electronic platform), without any previous notice and without any indemnity being due to the User.
       7.6.1 NEXTAR may, at its sole discretion, during the validity of this Term of Use, update its electronic platform in order to preserve/improve the functional features to better serve you. In this case, there may be temporary suspensions in our Services, without any compensation being due to the User.

7.7 We may terminate our Software Licensing and Service, without any compensation to you, in cases you demonstrably:

a) cause damages to NEXTAR's intellectual property through improper use of the Software, as well as in cases of illegal reproduction (partial or integral) of our programs.

b) change our Software without our express prior consent, whether such change is the removal or replacement of portions or routines, or an addition or set of interleaved additions of routines developed by you or a third party contractor, with the intent to tamper with and make unrecognizable the original program.

8. How does NEXTAR's license and technical support work?

‍8.1 Detailed information about the features of each plan can be found at the link https://www.nextar.com/pricing or, within the dialogs with our team, by going to the link https://help.nextar.com and clicking on the blue icon in the lower right corner.

8.2 The Developer reserves to itself, all rights relating to the NEXTAR Products that have not been expressly described in this Term, and over which the User shall not have any rights.
     8.2.1 According to the provisions of this Term, users will also have no rights related to NEXTAR Products that have not been expressly licensed to them, being forbidden among other things, to sublicense, modify, adapt or customize these Products, without the prior and express written authorization by Nextar.
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8.3 The Developer has no representatives, which means that: the distribution and licensing of NEXTAR Products, as well as the subscription and contracting of any plans, whether paid or free, are carried out exclusively through one of the following websites:
‍https://www.nextar.com,

‍https://www.nextar.com/pricing,

‍https://my.nextar.com,https://www.nextar.com.br/blog, 

‍https://help.nextar.com/

‍https://www.apple.com/br/app-store/ and,

https://play.google.com/store.
8.3.1 The Developer is not responsible for any damage caused by any third party, who holds himself/herself out as a commercial representative of NEXTAR.

8.4 To ensure the quality of NEXTAR Products, new functionalities may be included in the new versions of the programs, old functionalities may cease to exist and/or suffer limitations.

‍Be aware: The Developer makes no commitment to keep active any tool, functionality or service that has been offered in the past, regardless of whether it was offered for free or for a fee.

8.5 Regardless of whether the plan is free or paid (PREMIUM from Nex or NEXTAR POS), the Desktop product does not store your company's data in the cloud, only the Nex Mobile and the Nex Web product do.

‍Be aware: it is necessary to make a backup copy daily, thus ensuring that all your daily information is properly archived.

9. How do NEXTAR Products Support and Upgrades take place?

‍9.1 For your satisfaction and thinking about the best functioning and performance of NEXTAR Products, we will provide you with online information and support.
    9.1.1 The User must request support through the SUPPORT NEXTAR help channels, and the Developer undertakes to return the request within 24 (twenty-four hours) from the receipt of the request. 

‍Be aware: SUPPORT WILL BE RUNNED BY THE DEVELOPER ONLY FROM MONDAY TO FRIDAY, DURING BUSINESS HOURS.

9.2 To receive NEXTAR's SUPPORT service, the User must have a stable Internet connection and must allow NEXTAR's technicians to remotely access the computer that needs support.
     9.2.1 The User should be aware that the support methodology may be freely changed by the Developer, without any prior notice.

10. When does my license end?

10.1 The Developer may terminate (end) any licenses governed by this Term, whether onerous or free, regardless of justification, provided it notifies the User in writing. 
     10.1.1 In these cases, the rescission will be effective 30 (thirty) days after the communication of the termination is sent to the e-mail address registered by the User.

10.2 Paid Plans may be canceled at any time by Users, regardless of any justification, through the website: my.nextar.com.      10.2.1 In this case, after the end of the last period paid by the User, the access to the restricted functionalities will be immediately and automatically interrupted.
     10.2.2 Except for the right of withdrawal (specified below), in no event of cancellation will the amounts paid by the User be returned.
     10.2.3 The User has 7 (seven) calendar days to cancel the contracted plan, starting from the date of the acquisition of NEXTAR Products, and the cancellation must be communicated through the Website: my.nextar.com or through our support channels, at which time the amounts eventually spent will be returned to the User.

‍Be aware: The deadline for the effective refund of the amounts will depend on the payment method adopted and on the existing deadlines with the financial intermediaries and credit card companies.

10.3 In case of violation by the User of the conditions set forth in this Term, the Developer may, without the need for any prior notice, interrupt the User's access to our electronic platform and NEXTAR Products, as well as delete and/or permanently eliminate all and any of the User's data contained or inserted in NEXTAR Products, without any compensation being due to the User.
      10.3.1 In the event of interruption of access and/or deletion of data motivated by breach of the conditions set forth in this Term by the User, the User fully exonerates the Developer from any and all liability arising from any losses or damages experienced by the and/or third parties.

11. What are NEXTAR's responsibilities? 

‍11.1 In view of the internet environment inherent characteristics, the User acknowledges that NEXTAR is not responsible for the website failures resulting from circumstances beyond its will and control, whether or not, caused by unforeseeable circumstances or force majeure, such as, for example:

a) hacker interventions and malicious software; 

b) technical failures of any kind, including, access or navigation failures due to internet failures in general, power outages, electronic and/or physical malfunctions of any network, connection interruptions or suspensions, and failures of the User's software and/or hardware;

c) scheduled downtime for maintenance, updating, and configuration adjustments of our electronic platform;

d) human failure of any other kind, etc;e) omission of tax information, data withholding or any other illegal action related to the way the user uses our platform.

‍Be aware: For the cases described above, NEXTAR is exempt from responsibility.In other words, NEXTAR will not be responsible, under any circumstances, for any consequences arising from such actions, including, but not limited to, tax penalties, legal sanctions or any other burden related to tax non-compliance or non-compliance with these Terms.

11.2 NEXTAR may, at any time, assign any of its rights and obligations, set forth in this Term, to any person, whether individual or legal entity, upon simple notice to the User, provided that the assignee shall continue to comply with all obligations undertaken by NEXTAR, as the case may be.

11.3 THE DEVELOPER DOES NOT WARRANT THAT:

a) NEXTAR WEBSITES AND PRODUCTS WILL FULFILL ALL YOUR NEEDS; 

b) THE NEXTAR WEBSITES AND PRODUCTS SHALL BE UNINTERRUPTED, POSTUAL, SECURE OR ERROR-FREE; 

c) THE CONTENT AVAILABLE OR GENERATED ON THE NEXTAR WEBSITES AND PRODUCTS WILL BE ACCURATE OR RELIABLE;

d) THE QUALITY OF THE WEBSITES AND/OR THE NEXT PRODUCTS WILL MEET YOUR EXPECTATIONS;

e) ANY ERRORS IN THE CONTENT, ON THE WEBSITES OR IN THE NEXT PRODUCTS ARE EFFECTIVELY CORRECTED IN A TIME DEMANDED;

f) THE CONTENT OF THE NEXTAR WEBSITES AND PRODUCTS IS FREE OF CONTAMINATION BY VIRUSES OR OTHER CONTAMINATING, HARMFUL OR DESTRUCTIVE ELEMENTS. 

11.4 THE DEVELOPER ENDEAVORS TO ENSURE THE RELIABILITY OF THE CONTENT, BUT DOES NOT GUARANTEE ITS ACCURACY, CORRECTNESS OR RELIABILITY.

11.5 THE DEVELOPER, ITS DIRECTORS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE IN CASE OF ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, ETC. DAMAGES (EVEN IF THE DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). (EVEN IF THE DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

a) USE OR IMPOSSIBILITY TO USE THE NEXTAR WEBSITES AND PRODUCTS; 

b) UNAUTHORIZED ACCESS, ALTERATION OF TRANSMISSIONS OR USERS' DATA; 

c) STATEMENTS OR THIRD PARTY ACTIONS PRACTICED THROUGH THE WEBSITE OR NEXTAR PRODUCTS;

d) USER RELIANCE ON ANY INFORMATION OBTAINED ON THE WEBSITES OR NEXTAR PRODUCTS OR RESULTING FROM DAMAGES, OMISSIONS, INTERRUPTIONS, FILES EXCLUSIONS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR PERFORMANCE FAILURES, WHETHER RESULTING FROM FORCE MAJEURE, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO DEVELOPER'S RECORDS, PROGRAMS OR SERVICES;

e) IMPOSSIBILITY OF USE OR LOSS OF DATA RELATING TO THE SITES, NEXTAR PRODUCTS OR USERS; OR 

f) ANY OTHER PROBLEM RELATING TO NEXTAR WEBSITES AND PRODUCTS.

11.6 NEXTAR will offer support through the help channels NEXTAR SUPPORT for the clarification of doubts regarding the website use, and technical support, all in accordance to the licenses obtained by the user.

11.7 NEXTAR has the right to modify, suspend or temporarily discontinue the functionalities available in its electronic platform in order to perform: maintenance, updating and configuration adjustments.

11.8 NEXTAR is committed to promoting continuous improvement in its products and services, valuing the active participation of users through satisfaction surveys. These surveys will be conducted through different communication channels, including questionnaires, interviews and analysis of comments in chats, customer services and social networks. It is imperative that we obtain users' consent for any survey that involves the use of their personal data such as name, email, voice, and other pertinent data. After consent has been given, we may also contact you through the channels provided by users to provide further clarification and seek continued advancement. We are committed to respecting privacy and protecting user information in compliance with applicable laws and regulations.

12. What are my responsibilities as a user of NEXTAR's products?
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12.1 The User is aware and agrees that, in the use of the Site it is strictly prohibited to:

a) Distribute, modify, sell, rent or in any way economically exploit our business management software, the data and information related to it, as well as use it for purposes other than your own;

b) Provide NEXTAR, when registering on our electronic platform, with false, inaccurate, outdated or incomplete information, as well as intentionally assume the personality of another person, natural or legal entity, under penalty of liability;

c) Disseminate or install viruses or any other malicious code, file or software with the purpose of interrupting, destroying, improperly accessing, limiting or interfering with the operation or safety of the service offered by NEXTAR, as well as its information, data and equipment, its users or third parties; or, further, for any other illicit purpose; and

d)Practice any act contrary to the Brazilian Legislation in effect.

12.2 Regardless of the registration, the User is solely responsible for how he or she makes use of Nextar products, and must respect the rules in this Term of Use, as well as the rules and guidelines established by NEXTAR.

12.3 It is the User's responsibility:

a) Use the Site/application in a proper and diligent manner, in compliance with this Term of Use, the other rules and guidelines set forth by NEXTAR, as well as the moral, good customs and public order;

b)Keep safe the environment of your devices that access the Site/application, using specific tools for this purpose, such as antivirus, firewall, among others, in order to contribute to the prevention of electronic risks;

c) Use updated and efficient browsers and operating systems for the full use of our electronic platform;

d) Equip itself and take responsibility for the hardware devices necessary to access the Site, as well as for their access to the Internet; and

e) keep your passwords secret, being them personal and non transferable, reason why the User will be the only responsible for any damage caused to himself (or third parties) by the disclosure and undue and unauthorized use of passwords.
     12.3.1 In case of infringement of the rules set out above, the User may, in addition to being suspended or banned from our electronic platform, be held legally responsible.

12.4 Any damage caused by the User to NEXTAR, as a result of the breach of the obligations set forth in this Term, will be repaired exclusively by the party responsible for the damage, not being a subsidiarity of the obligation, nor NEXTAR's solidarity.

Be aware: all expenses originating or related to any content that you post, store and/or transmit on or through the NEXTAR Websites and Products shall be your responsibility.
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12.5 NEXTAR SITES AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR USE OF NEXTAR SITES AND PRODUCTS IS AT YOUR SOLE RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING FROM SUCH USE.

13. About Nextar billing and Nex Mobile
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13.1 For Nex Desktop payment: a service platform called CloudAMQP is used that receives and transfers to NEXTAR data from the payment gateways. 
        13.1.1 Consequently, we also use the gateways themselves as means to effect payment, such as Stripe, Ebanx, Paypal, Itaú, Vindi, and Blupay. 
        13.1.2 Likewise, NEXTAR uses Mercado Pago for the Payment Link service. 
        13.1.3 Furthermore, NEXTAR also uses Nexxera, in charge of intermediating the bank return file between Vindi and Itaú.

13.2 By subscribing to Nex Desktop, the user will automatically have full and equal access to the resources available on both Nex Web and Nex Mobile. This comprehensive inclusion encompasses all functionality offered by all platforms, providing a complete and integrated experience for our services. In other words, subscribing to Nex Desktop gives the user the right to enjoy, equally, all the capabilities available in Nex Web and Nex Mobile, promoting a unified and enriching experience. 
      13.2.1 For users who opt exclusively for a Nex Mobile subscription, we emphasize that the available features will be subject to specific restrictions, according to the values and resources detailed in our official website: https://www.nextar.com.br/ plans-and-prices. We recommend checking our website regularly for up-to-date information on the limitations and benefits associated with a Nex Mobile subscription. These restrictions aim to provide transparency and clarity regarding the scope of services offered to users, ensuring an informed and satisfactory experience.

13.3 Nex Mobile must be downloaded directly from the application stores (play store and apple store).

13.4 It is emphasized that the app store billing policy should be accessed for further clarification.

13.5 The amount paid for the use of our products is considered as a final and non-refundable price, unless previously determined by NEXTAR or in specific cases evaluated punctually. In this regard, NEXTAR reserves the right to set, remove and/or revise prices related to all services or products purchased through the application at any time. These revisions may include adjustments due to inflation and updating the values of items that have lagged over the years. In addition, we may also modify the features offered in each of the existing plans. We are committed to providing at least thirty (30) days advance notice before any changes are made through our communication channels and Customer Success campaigns.

14. How can you contact us?

14.1 If your contact is related to feedback/doubts about the functioning of our electronic platform, our Website: https://www.nextar.com, from Monday to Friday, from 9 am to 6 pm.
       14.1.1 In case your contact is related to any content inserted in our electronic platform, which you consider that violates rights owned by you or under your control, you may communicate the Developer through NEXTAR SUPPORT.
       14.1.2 You are aware that the Developer may not be held liable for any damages arising from content generated or published by third parties, except as expressly provided in Law n^o 12.965/2014.

Be aware: NEXTAR has the right to remove or maintain such content, according to the rules and guidelines of the Law number 12.965/2014.

14.2 If you contact us regarding any matter related to this Term, you (or your legal guardian) may contact our agent responsible for personal data processing/Data Protection Officer (DPO) at support@nextar.com.

We created this contact channel, precisely so that our service and response are carried out as quickly as possible because you are very important to us!

14.3 We emphasize that, for your complete security, our communications will be carried out in accordance with our Privacy Notice:

a) by email: our emails are sent only by domains ending with @nextar.com and when we send an email to users, we ask for notification when they are opened;

b) by WhatsApp: Each of your conversations has a unique security code (found on the contact's data screen, in QR code format or a 60-digit string), used to confirm that the calls and messages you send in the conversation are protected with end-to-end encryption. 
          14.3.1 NEXTAR is not responsible for receiving untrue emails and messages sent by third parties, with no direct or indirect relationship with NEXTAR, and that pretend to be members of the Company, that are unduly opened by users.

15. Who is responsible for the EXTERNAL LINKS?

15.1 Nextar products may contain links to third party portals and applications that are not owned and controlled by NEXTAR.         15.1.1 Despite the prior and regular checks carried out by the developer, NEXTAR does not endorse/guarantee/have any connection with the owners of those third party portals/applications with which, the User interact through the Website; for which reason, it cannot be held responsible for their content, accuracy, practices or opinions (expressed on any of these third party portals and applications) and policies.
          15.1.2 NEXTAR has the right to remove (at any time) links to third party portals and applications, in case NEXTAR verifies that they do not comply with our terms and policies.

Be aware: We recommend that the User read the Terms of Use and Privacy Policies of each website and third-party application that you visit or use, since the responsibility for the safety of the user, in this case, lies with the owners of these portals/applications.

15.2 By reason of the foregoing, you agree not to hold the Developer liable for loss, damage (or other problems of any kind) that may arise from the use of sites that contain links to the Sites and/or Nextar Products, or whose links are available on the Sites and/or Nextar Products, and you are aware that any dealings with such Sites do not involve, bind and/or obligate the Developer.

15.3 In respect for your dignity (and the dignity of every Brazilian/foreigner citizen), the inclusion of pages that divulge any type of illicit, violent, polemic, pornographic, xenophobic, discriminatory, or offensive information will not be authorized.

16.Will changes be made to the clauses of this Term?

16.1 NEXTAR is always making updates to the electronic platform - to fulfill our mission of facilitating commerce for everyone as efficiently as possible and to improve the offering of our products and provision of our services. Therefore, this Term of Use dated July 23, 2023 (as well as any other developer's policy), may be adjusted, at any time, to reflect the evolution of our services.
      16.1.1 Whenever substantial changes occur to this Term, the User will be informed in advance and must agree to them in order to continue accessing our services.
      16.1.2 In case the User does not agree with the substantial modifications to the Term of Use (described in item 16.1.1), the User may reject them, but this means that the use of NEXTAR's services may be restricted.

16.2 Any waiver or amendment of this Term shall only be effective if in writing and signed by the Developer's legal representative.
      16.2.1 To preserve your rights as a user, in case any of the clauses of this Term is annulled or considered inapplicable, the other clauses, whenever possible, will remain valid and in force.

17. What is the jurisdiction where we will settle any litigation?

17.1 In case of any controversy, the user may complain:

17.2 NEXTAR follows the Data Protection Law guidelines in order to comply with the laws that protect all of us as a company, customers and partners. Thus, NEXTAR has an interest in harmony and partnership with the customers who use our electronic platform, so, we are absolutely available to, in case of need, observed possible conflict and disagreement, controversy in the interpretation, fulfillment or execution of this Term and other documents related to it, to talk about any aspects. 
         17.2.1 The resolution may occur by mediation or arbitration, as necessary, under the administration of COMPOR - Câmara de Negociação, Mediação e Arbitragem do Sul do Brasil, in the form of its Regulation and under the rules of Law No. 9.307/96]. The procedure will be conducted by an arbitrator indicated in the form of the procedure provided for in such Regulation. 

17.3 This Term is governed by the Laws of the Federative Republic of Brazil, and any legal action relating to its interpretation or application shall be processed and judged by the Brazilian Judiciary.
        17.3.1 All disputes of this Term will be settled by the district court of Florianópolis/SC to the exclusion of any other, however privileged it may be or become.

Be aware:only claims filed by end customers who fall under the legal concept of consumers may submit such claims to the forum of their domicile.
         17.3.2 In case of conflict of state or municipal laws, for the interpretation of any doubt or dispute, the legislation of the State of Santa Catarina will always prevail.