PARTIES:
ACRIE LTDA, headquartered in the city of Além Paraíba, State of Minas Gerais, at Rua Juliano Marques Duarte, No. 194, ZIP Code 36660-000, registered with CNPJ under No. 48.087.418/0001-04, hereinafter simply referred to as “ACRIE,” and the INDIVIDUAL or LEGAL ENTITY identified in ACRIE’s electronic database, hereinafter simply referred to as the “CONTRACTOR,” hereby enter into this agreement, which shall be governed by the clauses and conditions below, as well as by compliance with ACRIE’s PRIVACY POLICY, accessible through the link “Privacy Policy” (https://acrie.com.br/politica-de-privacidade/).

1. Object

1.1. This Agreement aims to host, without exclusivity, the Content owned by the CONTRACTOR on ACRIE’s servers, shared with other ACRIE customers in addition to the CONTRACTOR, which are maintained in permanent connection with the internet.

1.1.1. For the purposes of this Agreement, hosting is the complex technical activity that involves the installation and storage of own or third-party electronic equipment and their contents, concentrated in the same technological environment. It also involves logical facilitation of access to such content and equipment within the network environment, allowing the exchange and handling of data through the use of interconnection resources provided by ACRIE or third parties contracted by it (“Hosting”).

1.1.2. For the purposes of this Agreement, Content refers to all electronic data, including audiovisual data, of any kind stored, transmitted, disclosed, and/or made available by the CONTRACTOR on any servers and/or websites hosted on ACRIE (“Content”).

1.2. Hosting can be contracted by the CONTRACTOR in different plan options, as described on the cloud.acrie.com.br page on the date of hiring (“Plan” or “Plans”). The values and resources of each available plan are specified on said page.

1.3. When contracting the Plan, the CONTRACTOR may also choose optional resources beyond Hosting, the values of which are specified on acrie.com.br and will be added to the chosen Plan.

2. User Codes and Private Passwords

2.1. The CONTRACTOR will indicate or receive a user code (unique in the Client Portal) and create a confidential password, which will serve as their identification and access key for using the resources contracted with ACRIE. Private passwords can be changed by the CONTRACTOR, who is responsible for keeping them confidential.

2.2. User codes and their respective private passwords are non-transferable and cannot be the subject of any type of commercialization or assignment of use. The CONTRACTOR assumes full responsibility, without any solidarity with ACRIE, for the use of their private code and respective private password.

2.3. In the event of misuse by the CONTRACTOR or third parties of the CONTRACTOR’s user code and private password, ACRIE may terminate this Agreement without prior notice, without the CONTRACTOR or third parties being entitled to any compensation or reimbursement (Art. 421 of the Civil Code).

3. Registration Data

3.1. The CONTRACTOR will provide ACRIE with all the necessary data for their registration, committing to providing true, correct, current, and complete information about themselves at the time of registration, civilly and criminally responsible for this information.

3.1.1. The CONTRACTOR must provide and maintain only true, updated, and complete data, declaring awareness that the use of false, invalid, incorrect, or third-party data is their sole responsibility and may result in the termination of the contract between ACRIE and the CONTRACTOR, and consequently, IMMEDIATE CANCELLATION OF THE CONTRACTED PLAN WITHOUT PRIOR NOTICE. Additionally, it may constitute an unlawful act, subjecting them to penalties provided by law.

3.2. The CONTRACTOR expressly authorizes the registration mentioned in clause 3.1 to be made and maintained by ACRIE, and authorizes ACRIE to provide the information contained in said registration (I) to competent public authorities that formally request it, in accordance with the Brazilian Federal Constitution and other applicable laws, (II) to domain registration entities, and (III) to its strategic, commercial, or technical partners for the purpose of offering better product and/or resource conditions to the CONTRACTOR. Furthermore, the CONTRACTOR EXPRESSLY DECLARES AND AGREES THAT ACRIE COLLECTS INFORMATION FOR TRAFFIC MONITORING PURPOSES, TO IDENTIFY USER PROFILE GROUPS AND FOR ADVERTISING GUIDANCE.

3.3. The CONTRACTOR must inform ACRIE whenever there are changes to registration information, including, but not limited to, any changes in address, as well as changes to phones, emails, or the contact person’s name, which must be reported through any of the means made available by ACRIE for customer service, as listed on the page http://cloud.acrie.com.br/.

4. Contractor’s Obligations

The CONTRACTOR’s obligations arising from this Agreement are as follows:

4.1. Effect payment of the agreed-upon monthly fees, taxes, and/or annual fees by the due date.

4.2. Bear all costs related to the registration and maintenance of the domain with NIC.br (Núcleo de Informação e Coordenação do Ponto br) or any other entity that becomes legally competent for domain registration in Brazil or abroad. In this regard, ACRIE shall not be responsible for the consequences, damages, or losses that may be caused to the CONTRACTOR or third parties due to any behaviors, information, actions of any nature, or omissions emanating from the entity responsible for the registration of the respective domain, whether national or foreign.

4.3. Manage, exclusively and without any solidarity with ACRIE, the user code and the corresponding private password. The CONTRACTOR assumes full responsibility for the use of these, including any actions carried out through them, such as economic charges resulting from such use, especially regarding data loss, virus contamination, network intrusion, data theft, or sending offensive and/or untimely electronic messages to other Internet users, and other behaviors that may harm other users and/or systems connected to the Internet, as well as any other actions contrary to current legislation.

4.4. Refrain from using hosting, domain maintenance, or any other product regulated by this instrument to propagate or maintain content that: (a) violates the law, morality, good customs, intellectual property, rights to honor, private life, image, personal and family intimacy; (b) encourages illegal or immoral conduct; (c) incites acts of discrimination, whether based on sex, race, religion, beliefs, age, or any other condition; (d) provides or allows access to illicit, violent, pornographic, degrading messages, products, or services; (e) sends mass email messages (SPAM) to groups of users of this or other providers, offering products or services of any kind, whether their own or others, that are not of interest to recipients or do not have their express consent; (f) induces or may induce an unacceptable state of anxiety or fear; (g) induces or incites dangerous, risky, or harmful practices to health and psychological balance; (h) is false, ambiguous, inaccurate, exaggerated, or untimely, in a way that may lead to an error about its object or the intentions or purposes of the communicator; (i) violates the confidentiality of communications; (j) constitutes unlawful, misleading, or unfair advertising, generally constituting unfair competition; (k) promotes, incites, or encourages pedophilia; (l) incorporates viruses or other physical or electronic elements that may damage or prevent the normal operation of the network, system, or computer equipment (hardware and software) of third parties or that may damage the electronic documents and files stored on these computer equipment, (m) gains or attempts to gain unauthorized access to other computer systems or networks; (n) reproduces, sells, and distributes products without proper authorization and payment of copyright fees.

4.5. Fully assume, without ACRIE’s solidarity for any reason, responsibility for all obligations assumed in clause 4.4 above, for all data they host, as well as for the services and information they provide, from the resources covered by this Agreement. Thus, the CONTRACTOR assumes full and exclusive administrative, electoral, civil, and criminal responsibility for all hosted data and for the content made available on the Internet, being liable for all damages and losses caused by the misuse of hosting to ACRIE and/or third parties. If ACRIE is compelled to participate in any judicial or administrative process related to the responsibility assumed by the CONTRACTOR, the CONTRACTOR undertakes to reimburse ACRIE for the legal and financial burdens it may incur, without prejudice to any losses and damages.

4.6. Not transmit through the internal and/or external network any program or application that is illegal, malicious, or threatening, including viruses, “worms,” or SPAM, or any other of a similar nature that ACRIE, at its sole discretion, deems inconsistent with its internal policy, UNDER PENALTY OF IMMEDIATE SUSPENSION AND/OR CANCELLATION, WITHOUT PRIOR NOTICE.

4.7. Ensure that the chosen plan will meet their demand, as only the CONTRACTOR has full knowledge of the intended use of the contracted hosting. Therefore, as it is a shared hosting plan, the CONTRACTOR must control the volume of traffic, excessive number of email boxes, excessive POP3/IMAP/SMTP connections, as well as the processing, memory, and used inodes in the account, ensuring that there is no excessive volume that may hinder the regular functioning of the server and/or other sites hosted on the same server, UNDER PENALTY OF SUSPENSION AND/OR CANCELLATION OF THE CONTRACTED PLAN, SUBJECT TO PRIOR NOTICE.

4.8. It is the responsibility of the CONTRACTOR to perform and maintain updated backup copies of all their data hosted on ACRIE’s server.

5. Obligations of ACRIE

The responsibilities of ACRIE arising from this Agreement are as follows:

5.1. Enable the connection of servers to the Internet to operationalize the display of the CONTRACTOR’s Content, in accordance with the terms of the contracted Plan.

5.2. Administer the environment where the server hosting the CONTRACTOR’s Content is located, maintaining updated versions of software, components, and programming functions, duly certified by their respective manufacturers, excluding any damages, losses, or expenses related to the reconfiguration of hosted applications that these updates may eventually generate for the CONTRACTOR.

5.3. Identify problems with interruptions in data communication via TCP/IP between the server hosting the CONTRACTOR’s Content and the Internet.

5.4. Make the best efforts to ensure that the protected IP system or any IP system optionally contracted as additional resources blocks improper and harmful access to the Server where the CONTRACTOR’s Content is located. ACRIE, however, disclaims any responsibility for any damages and/or losses arising from the transposition of the protected IP through the Internet.

5.5. Perform and maintain backups (backup copies) for only 07 (seven) days, so that on the eighth day, the backup from the first day will be rendered useless (without the possibility of recovery), and so on, for the information of the entire hosting environment, without differentiation between customers, who will be treated in an integral and indivisible manner. The use of the backup is an exclusive prerogative of ACRIE to guarantee data restoration, the eventual loss of which results from a failure in the provision of the service by ACRIE.

5.6. ACRIE does not endorse the content of any user communications and content published on the Internet; therefore, it is not responsible for any illegal and/or defamatory material that violates privacy rights or is abusive, threatening, obscene, discriminatory, injurious, or objectionable in any way, or that infringes or may infringe any type of right.

5.7. ACRIE is not responsible for the services provided by entities responsible for the administration and registration of domains on the Internet.

6. Domain Responsibility

6.1. The domain is chosen by the CONTRACTOR, and it is their exclusive and full responsibility for the designation conferred, as well as any divisions and/or subdivisions created.

6.2. The CONTRACTOR may not choose as a domain designation words, expressions, or graphic-denominative sets that have already been chosen by another person or that are offensive, defamatory, coincident with trademarks, trade names, establishment labels, social denominations, or advertising expressions referring to third parties who have not authorized the use of such designation, UNDER PENALTY OF SUSPENSION AND/OR CANCELLATION OF THE CURRENTLY CONTRACTED PLAN, WITHOUT PRIOR NOTICE.

6.3. Notwithstanding the above, domain names, email addresses, as well as the contracted plans linked to them, that make any reference, in whole or in part, to ACRIE and/or the expression “ACRIE,” as well as any other trademarks owned by ACRIE, will not be accepted and/or may be canceled at any time. This includes any names that involve initials or any combination of the CONTRACTOR’s name, or that may mislead others. The CONTRACTOR is liable for misuse, both civilly and criminally, if applicable.

6.4. ACRIE will not exercise any form of control or analysis over the domain designation chosen by the CONTRACTOR. It is the CONTRACTOR’s exclusive responsibility for all legal acts and facts resulting from the respective registration.

6.5. ACRIE will not be liable for any damages of any kind caused to third parties as a result of the CONTRACTOR’s domain designation and, in particular, though not exclusively, for damages that may result from the infringement of: (a) third-party rights to intellectual, copyright, or industrial properties; (b) trade secrets or contractual commitments of any kind; (c) privacy, personal or family honor, or the image of individuals; and (d) any regulation provided for in the Brazilian legal system or, even if foreign, that may reflect on any Brazilian legal statute.

6.6. The CONTRACTOR is solely responsible for updating the data related to the domain registration with the Brazilian or foreign entity responsible for such registration.

6.7. ACRIE does not guarantee that the registration of a specific domain with the responsible entity can be effectively carried out. Therefore, ACRIE disclaims any responsibility for any damages, losses, or frustration of expectations resulting from the registration of a specific domain by a third party previously.

6.8. In the event that the CONTRACTOR fails to make the payment for the maintenance of a domain, they will automatically lose the right to the registered domain. The domain will become available, regardless of any notice or judicial notification.

7. Responsibility for Content

7.1. The CONTRACTOR exclusively and without restrictions or reservations assumes all burdens and responsibilities arising from their acts and conduct as an Internet network user. They are responsible for the misuse of the contracted resources and, in particular, but not exclusively, for the acts, damages, and losses that may result from non-compliance with the obligations assumed in clause 4.4.

7.2. ACRIE does not control the Content transmitted, disseminated, or made available to third parties by the CONTRACTOR in the use of the contracted resources and plans. However, if ACRIE detects or is notified of any conduct and/or method of the CONTRACTOR that contradicts the provisions of this Agreement, ACRIE, at its sole discretion, WILL IMMEDIATELY SUSPEND AND/OR CANCEL THE CONTRACTED PLAN, as established in this agreement.

8. Software Licenses

8.1. Depending on the plan chosen by the CONTRACTOR, ACRIE will grant the CONTRACTOR, on a non-exclusive and non-transferable basis, licenses to use software owned by ACRIE and/or third parties who have licensed such software to ACRIE. In such cases, the CONTRACTOR is granted a sub-license for the use of the software, which is non-exclusive and onerous.

8.2. The CONTRACTOR acknowledges that it is expressly prohibited to use the Software for any purpose other than expressly provided in this Agreement. This includes, but is not limited to, commercializing the Software, assigning it to third parties for any reason, reproducing, altering, distributing, replicating the Software, or using reverse engineering on the Software, UNDER PENALTY OF BEING LIABLE FOR IMPROPER USE OF THE SOFTWARE.

8.3. ACRIE will not be responsible for the improper or inappropriate use of the Software and/or any products and/or items offered by ACRIE by the CONTRACTOR. Also, ACRIE will not be responsible for any losses and damages suffered by the CONTRACTOR or any third party due to such improper or inappropriate use. The CONTRACTOR agrees to hold ACRIE harmless from any burdens, duties, or responsibilities arising from claims related to the provisions of this clause.

8.4. The CONTRACTOR acknowledges that the Software is provided as-is, with ACRIE not providing any warranty that the Software will be suitable for specific use, function without interruptions, be free of defects, or have minor errors that do not significantly affect its performance. The parties agree that ACRIE will not be responsible for losses and damages of any kind caused to the CONTRACTOR or any third party due to flaws and/or defects in the design, manufacture, construction, assembly, formulas, or handling of the Software, products, and/or items, as per this clause.

8.5. The use of any of the Software, in whole or in part, contrary to the provisions of this Agreement, may lead ACRIE to terminate not only the license to use the granted Software but also the present Agreement.

8.6. All materials, software, trademarks, technologies, names, and programs disseminated by ACRIE (except for software expressly identified as public domain) are protected by copyrights and are the exclusive property of ACRIE or third-party licensors. Any violation of these rights by the CONTRACTOR or a third party using their login and passwords WILL BE THE SOLE RESPONSIBILITY OF THE CONTRACTOR. ACRIE is authorized to take all legal measures to ensure their protection, INCLUDING PROMOTING THE SUSPENSION AND/OR CANCELLATION OF THE CONTRACTED PLAN WITHOUT PRIOR NOTICE.

9. Conditions for Resource Utilization

10. Term and Termination of the Contract

10.1. This agreement will be valid for the period established for the plan contracted by the CONTRACTOR, as selected from the options on the previous page, renewing automatically for equal and successive periods.

10.2. In the event that the CONTRACTOR requests cancellation of the plan or termination of this Contract occurs for any reason, the CONTRACTOR agrees to settle and pay immediately any existing debts and pending amounts related to periods already provided and not yet paid, if applicable. This is without prejudice to any payment of a penalty for early termination.

10.3. The CONTRACTOR, upon requesting the cancellation of the subscription, IN MONTHLY PERIODICITY PLANS, acknowledges that they will have the right to use the contracted plan until the end of the already paid period. ACRIE is exempt from refunding the amount already paid solely for that period.

10.4. In addition to the termination scenarios already provided in this contract, the Parties may terminate this contract at any time in the event of a request for judicial recovery, bankruptcy, or insolvency of either party.

10.5. In the scenarios described in this contract where prior notification is required, the CONTRACTOR will have 5 (five) calendar days to remedy the reported violation. If after the period of 5 (five) calendar days the violation persists, the Contract will be terminated automatically, without any costs to ACRIE.

10.6. The CONTRACTOR acknowledges being aware that, with the cancellation of their plan for any reason, all contents, including but not limited to any files, content, information, or data stored by the CONTRACTOR related to this plan, will be automatically deleted without the possibility of recovery. This action does not generate any costs for ACRIE or rights to compensation for the CONTRACTOR. ACRIE will not be responsible for any files, documents, emails, data, and any other types of information from the said account stored at ACRIE.

11. Pricing, Payment, and Billing

11.1. The price to be paid by the CONTRACTOR will be that indicated in the Plan chosen by the CONTRACTOR, as stated on the product subscription page, according to the selected billing frequency.

11.2. The value indicated in the Plan may be increased by other amounts related to optional and/or additional items, to the extent of the contracting, when applicable, as described in this Contract.

11.3. Payment of the monthly fees must be made according to the option chosen by the CONTRACTOR at the time of registration in the modalities (I) bank slip; (II) credit card, or (III) PIX. According to the chosen payment method, the CONTRACTOR expressly agrees that ACRIE will debit their credit card at the billing frequency mentioned on the service/product offer page related to this Contract.

11.3.1 If the CONTRACTOR opts for payment via bank slip, they will be required to pay a fee to cover expenses, such as handling and printing, incurred due to the convenience provided by this payment method. Non-receipt of the bank slip does not exempt the CONTRACTOR from timely payment, and the CONTRACTOR can access information about their due payments in the Control Panel.

11.4. Registration and annual fees will not be refunded in the event of contract termination.

11.5. In the event of non-payment of monthly fees on the due date, the CONTRACTOR will incur a late payment penalty of R$2.00 (two reais), calculated on the value of the debt, charged at once.

11.6. Late payment for a period equal to or exceeding 5 (five) consecutive days will result in the suspension of hosting. If the payment delay is equal to or greater than 30 (thirty) days, ACRIE may permanently cancel the hosting, deleting all files from the CONTRACTOR, without prejudice to the collection of the outstanding amounts.

11.6.1 In the case of service suspension due to a payment delay of more than seven days, the services will be restored within a period of up to 72 business hours after the debt is settled.

11.7. Non-use of the contracted Plan does not imply automatic cancellation of this Contract. The CONTRACTOR is, therefore, subject to regular Plan charges and the possible consequences of non-payment.

11.8. ACRIE may only adjust its subscription prices at intervals equal to or greater than 30 (thirty) days, counting from the date of the last adjustment. The parties acknowledge that the last price adjustment for ACRIE subscriptions occurred on the date indicated on the content offers page covered by this contract.

12. Cancellation and Refund

12.1. ACRIE reserves the right to cancel any service that does not comply with any of the characteristics specified in this agreement or that violates Brazilian law or the laws of the countries of origin of its suppliers. Accounts canceled in these situations will NOT be entitled to a refund.

12.2. Any disrespectful behavior towards a member of our team may result in the suspension/cancellation of your account with us.

12.3. Customers can cancel their service or account at any time without being charged any fees. It is a right entirely guaranteed to the customer. The request can be made through their Client Area in the Services menu or by opening a ticket requesting immediate cancellation.

12.4. Hosting plans: a refund can be requested within 7 days.

12.4.1. Transfers: transfer requests that have been completed, meaning they have been concluded, cannot be refunded. Transfers that, for any reason, are not completed due to any impediments can be refunded.

12.5. There is no refund for administrative, support, service, and miscellaneous fees. Accounts and services canceled for violating any of our terms will not be eligible for a refund.

13. General Provisions

13.1 This Contract is entered into on an irrevocable and irreversible basis, binding the Parties, as well as their heirs and successors, under any title.

13.2 The parents or legal representatives of a minor, if applicable, will be held responsible for the acts committed by them in the use of the resources subject to this Contract, including any damages caused to third parties and acts prohibited by law and the provisions of this Contract.

13.3 The failure of either Party to demand the fulfillment, in whole or in part, of any Clause or provision of the Contract, once or repeatedly, shall be construed as mere liberality, not implying novation, waiver, discharge, transaction, remission, and/or compensation, nor shall it deprive the other party of the right to demand strict compliance with contractual obligations at any time.

13.4 This Contract shall be governed by Brazilian law.

13.5 The rights and obligations of this agreement cannot be assigned by the CONTRACTING PARTY without prior notice to ACRIE, at least 10 (ten) days before the effective assignment, under penalty of termination of this Contract without any cost to ACRIE. On the other hand, ACRIE may assign this contract to any company within its Economic Group, whether it be a controlled, controlling, affiliated, subsidiary company, without any change in the contractual conditions agreed upon.

13.6 The CONTRACTING PARTY expressly agrees that ACRIE may send informative email messages regarding specific communications related to the subject matter of this Contract and/or any feature, offer, or product offered by ACRIE.

13.7. The CONTRACTING PARTY expressly declares and guarantees, for all legal purposes: a) to have legal capacity to enter into this contract and use the Plan subject to this contract; b) to be financially responsible for the use of the contracted Plan AND TO HAVE THE FINANCIAL CAPACITY TO COVER PAYMENTS, COSTS, AND EXPENSES ARISING FROM THIS CONTRACT; c) to acknowledge that this contract is formalized, as applicable, binding the parties with the hiring of the selected service; and d) confirming that they have read and are aware and fully agree with all the terms and conditions of this contract.

13.8. ACRIE reserves the right, at its discretion and at any time, to modify, add, or remove any clauses or conditions of this contract, notifying the CONTRACTING PARTY by email, postal mail, or any other electronic means when the change implies restrictions on the initially agreed conditions. If the CONTRACTING PARTY does not agree, they may terminate the contract without any cost, through email or postal mail, within 7 (seven) days from the date of sending the email or receiving the letter, as adopted.

13.9 The available customer service channels for the CONTRACTING PARTY are as follows: (I) phone number +55 32 98465-3055; (II) online chat or email at https://acrie.com.br/en/contact; (III) via the ACRIE customer center. These service channels may be changed at any time by ACRIE, with prior communication to the CONTRACTING PARTY.

14. Jurisdiction

14.1. The parties elect the Central Forum of the Municipality of Além Paraíba, at the discretion of the plaintiff in any action, as competent to settle any disputes arising from this contract, to the exclusion of any other, no matter how privileged it may be.