# VTurb Terms of Use

Welcome! Thank you for using VTURB!

This application and its content ("**VTURB**") are controlled and operated by VTURB itself. **All rights reserved.**

In accordance with Article 41 of the General Data Protection Law, VTURB indicates André Sgrott, Partner, as the person responsible for data processing, and contact can be made through the following email: [email protected].

These terms of use aim to define the rules to be followed for the use of VTURB ("**Terms of Use**"), without prejudice to the application of the current legislation.

**BY USING VTURB, YOU AUTOMATICALLY AGREE TO THESE TERMS OF USE, TAKING FULL RESPONSIBILITY FOR ANY AND ALL ACTIONS TAKEN BY YOU ON VTURB OR RELATED SERVICES. IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS SET FORTH BELOW, YOU SHOULD NOT USE VTURB. YOU ALSO AGREE TO THE TERMS DESCRIBED IN OUR PRIVACY POLICY. TO ACCESS IT, CLICK HERE (https://vturb.com.br/).**

If you want to give us any feedback about VTURB, have any questions, or need to discuss any matters related to these Terms of Use, please contact us via email at VTURB.

## 1. What is VTurb?

**1.1. Services.** VTURB is a platform that offers the following services: it is a SAAS company focused on providing player and hosting services (video hosting/streaming) for content creators, individuals, and businesses in general.

Indeed. VTurb is a video player and hosting platform. The VTurb platform helps content creators and marketers sell more with video.

First and foremost, in order to use the services, it is necessary for you to understand the rules.

Therefore, we ask that you carefully read the terms presented here and do not forget that by using the site, you declare that you are aware of the terms of use and agree to all its clauses and conditions.

If you do not agree with any provision of these Terms of Use, please do not use our services.

**1.2. Suspension.** We reserve the right to suspend or cancel your access to the application at any time in case of suspected fraud, obtaining benefits or advantages unlawfully, or non-compliance with any conditions set forth in these Terms of Use, the Privacy Policy, or applicable law. In such cases, no compensation will be due to you, and VTURB may take appropriate action, if necessary, as well as take any other measures necessary to pursue and safeguard its interests.

## 2. How do I access VTurb?

**2.1. Access.** To access VTURB and use its features, you need to register. To register, you will provide us with personal information, as described in our Privacy Policy. To learn more about the privacy of your personal information on VTURB, please access our Privacy Policy.

**2.2. Age of Use.** To use VTURB, you must be at least 18 (eighteen) years old. If you are under the age of 18, you may use VTURB under the supervision of your parents or legal guardians, and they must have **read and expressly agreed** to these Terms of Use, through the following technical solution: Registration of the credit card number to access the application's content.

**2.3. Ownership.** Upon registration, you will become the owner of an account that can only be accessed by you. If VTURB detects any account created with false information, by users who, for example, do not meet the minimum age requirement, that account will be automatically deleted.

**2.4. Updating Information.** You agree to keep your personal information up to date. You also agree to keep your login and password secure and out of reach of third parties, and not to allow your VTURB account to be used by others. Therefore, you are responsible for all actions taken on your account.

## 3. The contractual relationship between VTurb and the user

**3.1. Contractual Relationship.** The services and content offered by the platform are the property of VTURB. By establishing the contract that allows the user to enjoy the system's functionalities, VTURB is offering a non-exclusive, limited, revocable, and personal use license. It is at the user's discretion to subscribe to any plan offered by VTURB, subject to the rules described in these Terms of Use.

**3.2. Purchase of Products.** In addition to offering subscription to VTURB plans, our platform allows the purchase of products for user's use within the platform. The purchase of these products will be subject to licensing rules, as set forth in the platform and/or these Terms of Use. If such products involve integration with third-party platforms, the user will also be subject to the Terms of Use, Privacy Policy, and Security Specifications of such third party.

## 4. Subscription and cancellation of plans

**4.1. Subscription.** We at VTURB provide subscription to service plans as follows: free and paid, as defined in the chapter below.

**4.2. Subscription Mode.** Subscription to paid plan(s) requires upfront payment for the plan subscription. Therefore, you will be paying today for access during the current month. If the day on which the payment is made does not occur every month (e.g., 31st), the payment will be charged on the previous business day to the one that would eventually occur if that date existed in the current month (e.g., 28th or 30th). The plan will be automatically renewed unless you express your intention to cancel before the billing date.

**4.3. Subscription Cancellation.** The subscription to the plan can be canceled at any time by the user and will be understood as an express statement that the user does not intend to renew the license in the next period not yet accounted for billing purposes. The cancellation does not entitle VTURB to refund the payment for the month in which the user chose not to renew the contractual relationship.

**4.4. Video and Data Storage.** After the account is canceled, VTURB guarantees the storage of videos and data for a period of up to 30 days. After this period, VTURB may delete, without authorization or prior notice, all videos and data generated about the canceled account. If the customer reactivates their account within 30 days, they will have access to the mentioned items.

**4.5. Transition between Plans.** We at VTURB know that each of the plans is more suitable for solving certain user problems. With that in mind, we offer the possibility for you to transition between plans (subject to changes in resource availability offered by each plan), editing or upgrading/downgrading your subscription. As per the table below, if the user exceeds the monthly play limit in their package, VTurb may automatically change their package to the available ideal plan and charge the user the difference between the plans at the time of the switch. The new plan chosen will be according to the volume of plays exceeded. This change will be made automatically, and the user will be notified through notifications. The inability to charge the amount related to the plan change may result in subscription cancellation due to default.

Package | Plays per Monthly Cycle | Price |
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The rules also apply to plans prior to the current ones (including bandwidth consumption plans) based on the ideal consumption of each plan and to plans that may be created after the date of this document update.

On the other hand, we can carry out a downgrade, i.e. change the subscription and consequently charge the amount for the new, lower-value plan, ensuring that the account remains active and without damage to the deletion of videos and data.

**4.6. In-App Purchases.** The application has features that can be purchased within the platform, called "In-App Purchases". Any purchases of these services will occur in a similar manner as described above.

## 5. How are Payments Made on VTurb?

**5.1. Payment Method.** Payments made on VTURB must be made within the application, using a Credit Card.

**5.2. Final Price.** The price paid by you is final and non-refundable, unless otherwise determined by VTURB. VTURB reserves the right to establish, remove, and/or revise the price related to all services or goods obtained through the use of the application at any time. We will never change the value of your subscription without notifying you first.

**5.3. Tax Collection.** If any tax is applicable, you will be responsible for its collection. In the event of any collection by the application, it explicitly states that it will pass on the cost to the user in the price.

**5.4. Confirmation.** Payment confirmation through the application will occur within 1 (one) business day. The processing of payment information and payment confirmation will be carried out by third-party systems (e.g., financial institution or credit card administrator), with the application being a mere interface between the customer and these systems.

**5.5. Minimum Term.** Certain VTURB products or promotions may require a minimum subscription term. It is important for the user to be aware that if they decide not to use such products before the minimum subscription term, additional fees may be charged.

**5.6. Promotional Code.** If VTURB creates any promotional code (e.g., discount coupon), it must be used legally for the intended purpose and specific audience or user, following all its conditions. The promotional code may be canceled if it is found to have been transferred, sold, or used with error, fraud, illegality, or violation of the respective code's conditions.

## 6. What are VTurb's rights over the application?

**6.1. Our Rights.** All rights related to VTURB and its features are the exclusive property of VTURB, including its texts, images, layouts, software, codes, databases, graphics, articles, photographs, and other content produced directly or indirectly by VTURB ("VTURB Content"). VTURB Content is protected by copyright and intellectual property laws. It is prohibited to use, copy, reproduce, modify, translate, publish, transmit, distribute, perform, upload, display, license, sell, or reverse engineer VTURB Content for any purpose without the prior and express consent of VTURB. Any unauthorized use of VTURB Content will be considered a violation of VTURB's copyright and intellectual property rights.

## 7. Intellectual Property Rights on the provided software and materials

**7.1. Intellectual Property.** For us at VTURB, the quality of the materials made available to the user is of utmost importance. Their creation is the result of a lot of work and dedication from our developers. Therefore, we reaffirm that VTURB guarantees that all rights, title, and interest (including, but not limited to, copyright, trademarks, and other intellectual property rights) over the service provided by us will remain under the ownership of VTURB.

**7.2. Non-Acquisition of Rights.** The user will not acquire any ownership rights over VTURB's services and content, except when expressly granted in these Terms of Use.

**7.3. Content Download.** **IT IS PROHIBITED FOR THE USER TO DOWNLOAD OUR CONTENT WITH THE INTENTION OF STORING IT IN A DATABASE TO OFFER TO A THIRD PARTY THAT IS NOT THE USER THEMSELVES. IT IS ALSO PROHIBITED TO USE THE CONTENT PROVIDED BY US TO CREATE A DATABASE OR A SERVICE THAT MAY COMPETE IN ANY WAY WITH OUR BUSINESS.**

## 8. Complaints about copyright infringement

**8.1. Copyright Infringement.** Claims of copyright infringement of any content available on VTURB should be submitted through the form https://vturb.com.br/en/copyright.

## 9. Responsibilities of the user and VTURB

**9.1. Responsibility for Use.** You are solely responsible for the use of VTURB and must comply with the rules of these Terms of Use, as well as the applicable laws to VTURB.

**9.2. Liability for Damages.** VTURB, its controller, affiliates, partners, or employees will not be held liable under any circumstances for direct or indirect damages resulting from or related to access, use, or inability to access or use VTURB.

**9.3. Non-Liability.** **DUE TO THE CHARACTERISTICS INHERENT IN THE INTERNET ENVIRONMENT, VTURB IS NOT RESPONSIBLE FOR INTERRUPTIONS OR SUSPENSIONS OF CONNECTION, INCOMPLETE OR FAILED COMPUTER TRANSMISSIONS, AS WELL AS ANY TECHNICAL FAILURE OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE ELECTRONIC MALFUNCTION OF ANY NETWORK, HARDWARE, OR SOFTWARE. THE UNAVAILABILITY OF ACCESS TO THE INTERNET OR VTURB, AS WELL AS ANY INCORRECT OR INCOMPLETE INFORMATION ABOUT VTURB AND ANY HUMAN, TECHNICAL, OR OTHER TYPE OF FAILURE IN THE PROCESSING OF VTURB INFORMATION, WILL NOT BE CONSIDERED THE RESPONSIBILITY OF VTURB. VTURB DISCLAIMS ANY LIABILITY ARISING FROM SUCH FACTS AND/OR ACTS.**

**9.4. Loss of Profits.** Where permitted by law, VTURB and its suppliers or distributors will not be liable for loss of profits, loss of revenue, loss of data, financial losses, or indirect, special, consequential, exemplary, or punitive damages.

**9.5. Maintenance.** It is your sole responsibility to keep your device environment (computer, mobile phone, tablet, among others) secure, using available tools such as antivirus, firewall, among others, to contribute to the prevention of electronic risks.

**9.6. External Links.** VTURB may contain links to third-party websites and applications, as well as integrated technologies. This does not imply in any way that VTURB endorses, verifies, guarantees, or has any connection with the owners of these websites or applications, and is not responsible for their content, accuracy, policies, practices, or opinions. VTURB recommends that you read the terms of use and privacy policies of each third-party website or service you visit or use.

## 10. How does VTurb handle the content you and other users produce?

**10.1. Content Creation.** VTURB may, at its sole discretion, allow you or any other user to submit, upload, publish, or make available on the application, user-generated content or information in text, image, audio, or video format ("User Content").

**10.2. Prohibited Content.** Any User Content that is defamatory, slanderous, offensive, violent, pornographic, obscene, or illegal is prohibited, as determined by VTURB at its sole discretion, including exclusive information belonging to other individuals or companies (e.g., copyright, trademarks), without the express authorization of the rights holder, the violation of which will not be the responsibility of VTURB.

**10.3. Ownership of Content.** Any User Content provided by you remains your property. However, by providing it to VTURB, you grant us a worldwide, indefinite, free, transferable license, with the right to sublicense, use, copy, modify, create derivative works, distribute, publish, and display that User Content in all possible formats and distribution channels, without the need for further notice to you and without the need for any payment, as long as it is related to the operation of the platform.

**10.4. Deletion of Content.** VTURB may, but is not obligated to, review, monitor, and remove User Content, at VTURB's sole discretion, at any time and for any reason, without any notice to you.

## 11. What else do I need to know about these Terms of Use?

**11.1. Changes.** To improve your experience, VTURB is constantly being updated. For this reason, these Terms of Use may be changed at any time to reflect the adjustments made. However, whenever any modification occurs, you will be notified in advance through the email address provided by you at the time of registration or through a prominent notice in the application. If you do not agree to the new Terms of Use, you may reject them, but unfortunately, this means that you will no longer have access to and use of VTURB. If you use VTURB in any way after the modification of these Terms of Use, it means that **you agree to all the modifications**.

**11.2. Conflict between Provisions.** **IN CASE OF CONFLICT BETWEEN THESE TERMS AND THE AMENDING TERMS, THE LATTER TERMS SHALL PREVAIL WITH REGARD TO SUCH CONFLICT.**

**11.3. Law and Jurisdiction.** These Terms of Use are governed by the laws of the Federative Republic of Brazil. Any questions and situations not provided for in these Terms of Use will first be resolved by VTURB and, if they persist, shall be resolved by the Court of Florianópolis, Santa Catarina, to the exclusion of any other, no matter how privileged it may be or become.

**11.4. Questions.** If you have any questions, comments, or suggestions, please contact us via email at [email protected]