AUDIMO TERMS AND CONDITIONS OF USE

These Terms and Conditions of Use (“Term”) describe how you will be able to enjoy the products and services belonging to the business models of UBOOK Editora S.A. (“Services”). Therefore, whenever you request our products and Services, or otherwise use them, you will be automatically agreeing with the rules informed here, becoming a User. Otherwise, you will not be able to use (or continue to use) the AUDIMO Services, nor access any Content offered by AUDIMO (“Content”), and you must terminate your account. Failure to adhere to the Term will also allow AUDIMO to unilaterally close your account.

To facilitate your reading, we have written our Terms and Conditions of Use through the following topics that should be read carefully:

  • About Us
  • The Acceptance
  • Our products and services
  • Free Trial
  • User guidelines
  • Duration, termination, regret
  • License and Intellectual Property
  • Security and Data Protection
  • Forum
  • User Support
  • 1 - ABOUT US

    UBOOK S.A, a company registered with the CNPJ/MF under nº 19.141.082/0001-12, headquartered in the city of Rio de Janeiro, State of Rio de Janeiro, at Av. das Américas, nº 500, rooms 207, 303 and 304, Barra da Tijuca, CEP 22640-100, is a digital content streaming and book distribution service.

    2. CONTENT

    When accessing the application, the website or any platform of AUDIMO, the User automatically agrees with all the rules and conditions set forth in this Term and in the Privacy Notice and undertakes to observe them. Therefore, it is extremely important that the entire content of this Term, including the Privacy Notice, be read before starting to use the service and any AUDIMO product. If you do not accept or agree with these terms, you must not access or use our Services and Content.

    AUDIMO reserves the right to change the rules and conditions contained in this Term, at any time, without prior notice. Any changes to the Term will be made available by AUDIMO.

    To use and access any Service or Content, in addition to agreeing to these Terms, you must (i) be at least eighteen (18) years of age or the age of majority in your state or territory; (ii) register an account or sign up for a AUDIMO subscription plan; (iii) correctly provide AUDIMO with the information necessary to register an account with us; (iv) provide correct contact details; and (v) register a valid payment method in accordance with the payment options offered by AUDIMO. Agreeing to the Term and providing such information are requirements for your access and/or use of the Content. If you do not agree with the Terms, you may not use the Service or its functions and functionality, nor consume any Content provided on the Service.

    3 - OUR PRODUCTS AND SERVICES

    AUDIMO offers its Services through platforms, with different names and business models. The User may have access to the AUDIMO Content by creating a free account, contracting subscriptions or purchasing licenses, made directly by the user on the AUDIMO channels or indirectly, through telephone operators and business partners.

    The Content visible on the platform, as well as its availability, may vary according to the User's geographic location, the chosen marketplace and the type of plan contracted. The options available for contracting plans may vary according to these criteria or any others chosen by AUDIMO.

    The streaming model gives the user a temporary license, which consists of the right to access the content corresponding to the plan as many times as they want, while the subscription is active. If it is not renewed, he will lose the right to access the content.

    In the license delivery model, whether single or in a subscription, the user will have a lifetime license, which consists of the right to access the content, regardless of whether the subscription is active. However, the consumption of this content can only occur on the Ubook platform, and therefore, if it suffers instabilities or even terminates its functionality, the right of access will be terminated.

    In the subscription model with a printed book, the User receives at his/her residence a copy of the book chosen in the contracted plan, being the User's sole responsibility to provide the correct data so that the delivery is carried out by AUDIMO within the appropriate period.

    4 - FREE TRIAL

    AUDIMO may offer a free trial period that can only be used once (01) by each User, allowing the User to enjoy all the benefits of the subscription contracted before being charged. Not all plans have a free trial period and the free trial time may vary depending on the plan purchased.

    5 - USER GUIDELINES

    The User undertakes to use the AUDIMO platform and its Services in accordance with the Brazilian law, with these Terms, and with the other instructions contained in the platform through good faith, in accordance with morals and good customs, being obliged to not to use them for illicit purposes or causes, in violation of the law or the rights of third parties, including personality or copyright rights, or that, in any way, may cause any damage to the platform itself and/or the Services, or even prevent the normal use or use of the platform and the Services by other Users

    In this way, the User acknowledges and agrees that:

    (i) If you misuse the platform, the Content and/or the Services, it will be your sole and exclusive responsibility, and that AUDIMO may revoke the permission to use the platform respecting the prior notice, holding the User responsible for any damages caused in case of violation of these guidelines;

    (ii) You may not copy, reproduce, duplicate, modify, create derivative works from, display, publish, distribute, disseminate, transmit, sell, rent, lease, loan, sublicense, circulate or otherwise exploit any material and/or part or all of the Services, Content and/or AUDIMO products, for any purpose (commercial or otherwise), that is not expressly permitted by these Terms or by applicable law, or that in any way violates the intellectual property rights (such as Copyright);

    (iii) You may not redistribute, circumvent or disable any content protection system or digital rights management technology applied to the Service offered by AUDIMO; decompile; reverse engineering; disassemble; translate any part; remove any identification, copyright or other proprietary notices; access or use the AUDIMO Service in an illegal or unauthorized manner or in a manner that suggests an association of the AUDIMO products, Services, Content or the AUDIMO brand with any illegality;

    (iv) You may not remove or alter any copyright, trademark or other intellectual property contained in the AUDIMO Content or Services;

    (v) AUDIMO may update and/or modify the application, web site or platform, and even discontinue such functionality if necessary. Thus, if the website, application or platform is unavailable, even temporarily, AUDIMO will not be held liable to the user or third party;

    (vi) Your access and use of the Service or Content of the AUDIMO platform is limited in accordance with these Terms, the Privacy Notice, as well as current legislation;

    (vii) None of your activities on the website and in the application, notably in relation to your evaluation, opinions and comments on the products, Services or Content may not be in any way offensive to AUDIMO or third parties;

    (viii) The use of any device, software or other resource that may interfere with the Services or Content on the AUDIMO platform will not be allowed. Any intrusion, attempt to, or activity that violates or contradicts the applicable legal provisions or the prohibitions stipulated in these Terms and Conditions, will make the responsible liable for the relevant legal actions, as well as for compensation for any damages caused;

    (ix) Any registration information sent to AUDIMO is true, accurate and complete, committing to inform about any changes;

    (x) Without prejudice to other applicable legal measures, AUDIMO may, at any time, warn, suspend or cancel the account of the user who fails to comply with any of the provisions contained in this instrument; that you fail to fulfill your user duties; who practice fraudulent or intentional acts; that you provide any incorrect information; whose behavior constitutes or may cause offense or damage to a third party or to the website itself; that requests the closure of your account;

    (xi) Has the capacity to enter into a contract in accordance with current legislation.

    The User understands and accepts that when having access to the Services and Content of AUDIMO, he will be responsible for ensuring that:

    (i) You will retain control of your account to prevent unauthorized access to the Service and Content;

    (ii) You will not reveal your password or any other personal information associated with your account while you are enrolled in AUDIMO's digital subscription plan;

    (iii) The information provided in the registration is correct and that any personal data provided, including your e-mail address, is correct, informing AUDIMO whenever there is any change in the data provided, especially in your e-mail address and personal data;

    (iv) You may not remove or alter any copyright, trademark or other intellectual property contained in the AUDIMO Content or Services;

    (v) AUDIMO may update and/or modify the application, web site or platform, and even discontinue such functionality if necessary. Thus, if the website, application or platform is unavailable, even temporarily, AUDIMO will not be held liable to the user or third party;

    (vi) Your access and use of the Service or Content of the AUDIMO platform is limited in accordance with these Terms, the Privacy Notice, as well as current legislation;

    (vii) None of your activities on the website and in the application, notably in relation to your evaluation, opinions and comments on the products, Services or Content may not be in any way offensive to AUDIMO or third parties;

    (viii) The use of any device, software or other resource that may interfere with the Services or Content on the AUDIMO platform will not be allowed. Any intrusion, attempt to, or activity that violates or contradicts the applicable legal provisions or the prohibitions stipulated in these Terms and Conditions, will make the responsible liable for the relevant legal actions, as well as for compensation for any damages caused;

    (ix) Any registration information sent to AUDIMO is true, accurate and complete, committing to inform about any changes;

    (x) Without prejudice to other applicable legal measures, AUDIMO may, at any time, warn, suspend or cancel the account of the user who fails to comply with any of the provisions contained in this instrument; that you fail to fulfill your user duties; who practice fraudulent or intentional acts; that you provide any incorrect information; whose behavior constitutes or may cause offense or damage to a third party or to the website itself; that requests the closure of your account;

    (xi) Has the capacity to enter into a contract in accordance with current legislation.

    6 - DURATION, TERMINATION AND REPENTANCE

    In compliance with the Consumer Protection Code of Brazil (Law 8.078/90), AUDIMO guarantees the User, as a consumer, the exercise of the right of repentance within a period of up to 07 (seven) days, counted from the date of contracting the subscription , including the free trial period.

    When contracting the renewable subscription on AUDIMO, the User will be charged on a recurring basis until the subscription is canceled. To avoid a new charge, the User must cancel within 24 (twenty-four) hours before the renewal date.

    The cancellation option will be available on the AUDIMO platform whenever possible, but in some cases the cancellation can only be done on the partner's platform or payment method, as in the case of subscriptions via iTunes.

    AUDIMO has the right to terminate or restrict your use of and access to the Service and Content with immediate effect if it has reasonable grounds to suspect that the User (or anyone with access to the Platform) has violated these Terms or any laws, rules and regulations. applicable regulations, using the Services and AUDIMO Content in a fraudulent manner or in a way that causes harm to AUDIMO or any third party.

    7 - LICENSE AND INTELLECTUAL PROPERTY

    The AUDIMO application, website and platforms are the property of AUDIMO which, through this Term, grants the User a non-exclusive, non-transferable and revocable license for personal and non-commercial use.

    We emphasize that any and all information, design, texts, audio excerpts, images, source code and the like are the exclusive property of AUDIMO or its partners, and therefore cannot be reproduced in any way. None of the trademarks or trade names or images of products, Content or Services offered by AUDIMO or that are part of the AUDIMO website or application or in the products, Services and AUDIMO Content may be used. The dissemination of images of the same in social networks, e-mail tools, presentations, instant messages or any other similar means is completely prohibited, and the violator is subject to the penalties of the law.

    8 - SECURITY AND DATA PROTECTION

    AUDIMO declares that it complies with all applicable legislation of Brazil on privacy and data protection, including (always and when applicable) the Federal Constitution, the Consumer Protection Code (Law 8.078/90), the Civil Code, the Civil Rights Framework for the Internet ( Federal Law No. 12,965/2014), its regulatory decree (Decree 8,771/2016), the General Data Protection Law (Federal Law No. 13,709/2018), and other sectoral or general rules on the subject, which is clarified in our Privacy Notice. In compliance with Law 13.709?18 (LGPD) AUDIMO guarantees the confidentiality of the personal information received as a basis for the User's registration and registration, and that it will not be misused, as well as that it will not disclose any personal information that directly identifies the User without the prior consent of the same, except in cases where disclosure is necessary to comply with legal requirements or a competent authority; the protection and defense of AUDIMO's rights, or the protection of the interests of other Users.

    9 - JURISDICTION

    This Term shall be governed by the laws in force in the Federative Republic of Brazil. The parties elect the jurisdiction of the Judicial District of the Capital of the State of Rio de Janeiro to resolve any issues arising from the performance of this Agreement, to the exclusion of any other, however privileged it may be.

    10 - USER SUPPORT

    AUDIMO provides a contact channel for clarification of doubts, specific navigation guidelines and above all, for criticism and suggestions from its Users through the email [email protected].