It is important that you carefully read these Terms and Conditions of Use before using the service.

These Terms and Conditions are the rules for using the ENGAGE platform.

ENGAGE is a platform developed to help CONTRACTING USERS develop a system of gamified activities for their employees (COLLABORATOR USERS), aiming to conduct training, updates and learning, in order to encourage and engage employees interactively with the company.

ENGAGE offers several features, such as:

● specific training programs, which can be developed according to the company’s needs;

● training programs using gamification and personalized employee interaction;

● learning journeys;

● onboarding programs;

● sales training;

● leadership programs;

● creation of unique learning environments, whether in-person or digital;

● development of learning paths using LIA, Engage’s artificial intelligence; and

● accelerating the creation of training programs and learning paths;

The functionalities described above and provided by ENGAGE are accessible upon payment of a monthly fee, according to plans and conditions available on the website or agreed upon by the parties.

It is worth mentioning that the monthly plan fees may be adjusted annually. Before these annual adjustments, an email will be sent to USERS informing them of the price changes.

The Terms of Use are simply a contract between the parties involved in the services provided through the ENGAGE platform. Thus, this document presents all those involved in the provision of services; as well as the responsibilities, obligations, and duties of each party.

The Terms of Use are a type of adhesion contract; therefore, by accessing or using the ENGAGE platform, the contracting parties and users/collaborators agree to the rules presented.

Agreement regarding the rules must be ratified before completing a registration process. In any case, we advise that this document be read carefully before using the platform, and that it be reviewed from time to time.

We also inform you that this document may be changed from time to time. The date of the last update will always be available, and contractors and users/collaborators will receive an email notification regarding any changes made.

USERS
● USERS: refers to both the CONTRACTING USER and the COLLABORATING USER.

● CONTRACTING USER: the user who contracts one of ENGAGE’s plans and will have access to the platform and all its functionalities, including the creation of training courses, which will be conducted by COLLABORATING USERS.

● COLLABORATING USER: these are the collaborators who will have access to the platform to conduct training courses and other functionalities, according to what is agreed upon and adjusted between the CONTRACTING USER and ENGAGE.

FROM THE ENGAGE PLATFORM
USERS are aware that the complete service flow provided by ENGAGE consists of the phases related in the items below and that the completion of USER registration (whether CONTRACTING USERS or COLLABORATING USERS) will depend on ratification of agreement with the conditions of the Terms of Use and the Privacy Policy.

It is worth remembering, from now on, that the personal data requested for registration, as well as the purpose of collecting this data, is explained in detail in the Privacy Policy, which can be accessed through this link.

After choosing the monthly plan, the CONTRACTING USER will contact an ENGAGE specialist, who will guide them through the service contracting process, including signing a specific Contract, choosing the payment method and other necessary information.

It is important to note that if the chosen payment method is a credit card, the card details provided are NOT stored by ENGAGE, which uses a payment service provider called xxxxxxx. ENGAGE will not be held liable, either jointly or severally, for any loss or damage caused to the CONTRACTING USER in the event of a failure in the service provided by the payment service provider, or even for any intrinsic/inherent act of this agent’s activity that, although lawful, results in damage to the CONTRACTING USER. We advise you to read the Terms of Use and Privacy Policy of this payment service provider:

Therefore, in summary, the process for contracting ENGAGE and consequently accessing the services and tools provided by the platform is as follows:
1- Selection of the desired plan, according to the options available on the website;
2- Contact with one of our specialists;
3- Negotiation and signing of the Contract;
4- egistration and availability of the platform.

It is important to emphasize that providing access to the ENGAGE platform for the COLLABORATING USERS of the CONTRACTING USER is the option, choice and responsibility of the latter, with ENGAGE being completely exempt from any responsibility in this regard.

GENERAL CONSIDERATIONS
ENGAGE acts in the process as a convenience tool for the CONTRACTING USER, but without any participation in the execution of the tools and devices made available on the platform.

In this sense, ENGAGE and its employees, representatives, and agents are exempt from any responsibility regarding the handling of the tools and devices made available to the CONTRACTING USER, for any reason whatsoever and at any time. ENGAGE, therefore, acts only as an intermediary in accessing these tools and devices.

Therefore, neither ENGAGE nor its employees, representatives, and agents are liable under any circumstances for the total or partial payment of any losses resulting from the handling of the tools and devices made available to CONTRACTING USERS.

ENGAGE performs intermediary activities in relation to CONTRACTING USERS. Therefore, ENGAGE has no objective or subjective responsibility for the use that the CONTRACTING USER will make of the tools and devices made available for the development of gamified training.

It is hereby stipulated that ENGAGE does not guarantee in any way that the tools and devices made available will function free of errors, interruptions, malfunctions, delays or other imperfections.

It is important to mention that ENGAGE services are only available to people who have the legal capacity to contract them. Therefore, people who do not have this capacity, including minors (under 18 years of age), or people who have been temporarily or permanently disabled, cannot use them.

If you are under 18 (eighteen) years of age, you must be assisted or represented by your legal guardians while browsing ENGAGE. The USER is fully responsible for the accuracy of their age declaration at the time of purchase, and ENGAGE cannot be held liable for any acts committed by USERS under 18 (eighteen) years of age who do not have the capacity to enter into legal relationships, as provided for in Brazilian law.

By these Terms of Use, the CONTRACTING USER authorizes ENGAGE to contact them for any clarifications regarding exclusively the tools and devices provided, whether by email or telephone; however, it is hereby agreed that ENGAGE will never request, via email, confirmation or supplementation of registration and/or financial data of the CONTRACTING USER or the COLLABORATING USER.

Therefore, any email of this nature should be understood as being outside of ENGAGE’s standards and, consequently, reported to ENGAGE by USERS.

ENGAGE does not condone the practice of sending spam, and will only send emails to USERS with their consent or that are essential and related to the Platform.

ENGAGE owns the rights to use and own its material, and its reproduction, transmission and distribution, for any purpose whatsoever, is not permitted without the express consent of its owner.

The misuse of material belonging to ENGAGE, protected by intellectual property (copyright, trademarks, etc.), subjects the infringer to the applicable legal measures, without prejudice to any compensation for losses and damages and attorney’s fees.

USER RIGHTS AND OBLIGATIONS
● Do not use ENGAGE for any illegal purpose or purpose that does not meet the criteria of truthfulness;

● Do not register or transmit any type of information that is not true or does not belong to the USER or that may mislead ENGAGE or the party to whom the information is intended;

● Do not violate the privacy of the ENGAGE website and application or other USERS;

● Do not send or transmit files containing any viruses, worms, malware or other computer programs that may cause damage to the website or the recipient;

● Do not use false computer, network or email addresses;

● Do not use the services available on the ENGAGE platform for purposes other than those for which they are intended.

● Do not use any device, software, or other resource that may interfere with the activities and operations of the site, as well as the hosting of offers, descriptions, or its databases. Any intrusion or activity that violates or contravenes the laws and/or these Terms of Use will render the responsible party liable to the relevant legal actions, as well as the sanctions provided for, and will also be responsible for compensation for damages caused.

RESPONSIBILITIES

OF THE USER/CONTRACTING PARTY:

● Take care of their individual identification information, providing it in internet transactions only where the data protection identifier is present;

● Provide truthful information that belongs to them;

● Be responsible for any information or statements originating from your personal website access data;

● Keep your USER identification (username and password) confidential;

● Configure your equipment to protect it from potential intrusions that could result in the spread of viruses;

ENGAGE:

● Verify and resolve any complaints regarding the tools and devices available on the platform;

● Provide USERS with instructions on how to use the tools and devices provided;

● ENGAGE will make commercially reasonable efforts to make the ENGAGE platform and the LIA Artificial Intelligence available for at least 99.7% (ninety-nine point seven percent) during each Service Year (as defined below) (“Service Level Commitment”);

It is important to note that the service level agreement does not apply if the unavailability circumstances result from:

(i) an interruption in the supply of electricity or emergency shutdowns not exceeding 2 (two) hours or occurring between 24:00 and 06:00 (Brasilia time);

(ii) factors beyond ENGAGE’s reasonable control, including force majeure or internet access and related problems;

(iii) any acts or omissions of USERS or third parties;

(iv) equipment, software or other technologies used by ENGAGE that prevent regular access to the ENGAGE PLATFORM;

(v) failures of individual instances not attributable to USER unavailability; and

(vi) network management practices that may affect its quality.

FROM THE USER
CONTRIBUTOR:
● The USER declares to assume full responsibility for the veracity, accuracy, and timeliness of the data entered, acknowledging that any false, untrue, incomplete, outdated, or incorrect data or information may mislead the PLATFORM, as well as the tools and devices provided;

● The USER will be responsible for protecting their Account access data, including, but not limited to, their login and password, being solely responsible for disclosing access data to their employees and/or third parties and, consequently, for the viewing of Content by third parties not authorized by the ENGAGE Platform; and

● To forward to authorized USERS all information sent by ENGAGE, especially regarding instructions for using the tools and devices provided.

SERVICE LEVEL AGREEMENT (SLA)

● When the criticality level of the demand is high, impacting the use of the system by all users, ENGAGE’s service will begin within 2 (two) hours, with service within 1 (one) hour and resolution within a maximum of 6 (six) hours;

● When the criticality level of the demand is medium, impacting the use of the system, but with alternatives to meet the needs, ENGAGE’s service will begin within 4 (four) hours, with service within 2 (two) hours and resolution within a maximum of 12 (twelve) hours; and

● When the criticality level of the demand is low, and there is no impact on the use of the system, ENGAGE’s service will begin within 8 (eight) hours, with service within 4 (four) hours and resolution within a maximum of 16 (sixteen) hours.
CANCELLATION OF ENGAGE SUBSCRIPTION
By subscribing to the ENGAGE platform, the USER understands that their plan will be automatically renewed, whether monthly or annually.

Therefore, if you wish to cancel your plan, the USER must contact ENGAGE via email at contato@engage.bz, informing them that they wish to cancel their plan.

Consequently, the automatic renewal will be canceled and the plan will remain in effect until the end of the contracted period, for example:

● If you have subscribed to a monthly plan, the system will remain available until the end of the month and will then be automatically deactivated at your request.

● If you have subscribed to an annual plan, the system will remain available for the twelve months already contracted and will then be automatically deactivated at your request.

If you are a new customer, that is, a CONTRACTING USER contracting ENGAGE for the first time, you will have 7 (seven) days from the date of contracting to request cancellation with a full refund of the amounts already paid and, eventually, of future installments.

The provisions herein regarding cancellation may not apply to certain promotions. Therefore, if you contract ENGAGE through a promotion, we ask that you check the promotion’s terms and conditions, which may contain specific provisions regarding the cancellation of your plan.

Finally, we at ENGAGE will do everything to keep you as a customer. Therefore, we suggest contacting us so we can better understand your case and guide or assist you if necessary.

LICENSE GRANTED TO USERS
From the first access and registration on the Platform, ENGAGE grants the CONTRACTING USER a non-exclusive, temporary, non-transferable, and revocable license to use the Platform.

USERS, whether CONTRACTING USERS or COLLABORATING USERS, hereby acknowledge that any unauthorized copying or use of the Platform or the content made available therein constitutes a violation of these Terms and is a strictly prohibited act, and may result in liability for losses and damages.

The requirements for accessing and using the PLATFORM may be changed at any time and for any reason, including, but not limited to, technological updates. USERS agree and acknowledge that if they do not have all the system requirements and/or do not update their device used to access the Platform, access to and/or use of the Platform may be affected and/or canceled.

CONFIDENTIALITY RELATIONSHIP BETWEEN
USERS AND ENGAGE
ENGAGE and USERS agree to guarantee the confidentiality of any technical, commercial, and strategic information of the other Party, arising from registrations and the use of tools and devices made available on the platform.

All information, data, references, commercial conditions, internal and/or external matters of each party, corporate, economic, work execution, market position, organizational structure aspects, and/or other information that is revealed from one party to the other concerning their own structures or those of the other, will be treated by them with the utmost secrecy and confidentiality, with either party refraining from disclosing and/or using this information to third parties, however minor, and undertaking not to assign, transfer, disclose, provide, lend, and/or disseminate, by any means, all content made available to them, except in relation to the usage provisions described in the Privacy Policy.

“Confidential Information” means confidential data and/or information developed or acquired by ENGAGE or USERS, the disclosure of which by either party is expressly prohibited, unless expressly authorized by the other party. It is worth noting that the Privacy Policy allows for the disclosure of data acquired through the platform for marketing purposes, provided it is done anonymously and without linking it to the identity of the USERS.

ENGAGE and USERS will be jointly and severally liable for any breach of confidentiality by their agents, employees, or contractors, and will be liable for all resulting damages to the other party, subject to the provisions below.

The disclosure of confidential information will only not generate the foreseen compensation when:

● The party proves that the information was already known to them before being received from the other party, and therefore they are not obligated to keep it confidential;

● The information was legally obtained from third parties, without infringing any of the provisions of this contract;

● The information is or has become publicly available in another way, other than as a result of any act or omission of the parties or their agents;

● It occurs in the manner provided for in the Privacy Policy.

FINAL PROVISIONS
Any USER who violates these Terms and Conditions of Use will be notified to cease the irregular practice, without prejudice to any legal penalties that such irregularities may cause.

Failure to comply with the conditions and observations of these Terms and Conditions of Use gives ENGAGE the right to cancel, suspend, delete and/or deactivate the USER’s registration, temporarily or permanently, at its sole and exclusive discretion, without prejudice to the relevant legal penalties and without the need to notify the USER of the action taken within its system.

The commercial use of the expression “ENGAGE” as a trademark, company name or domain name, as well as the content of the screens relating to services, programs, databases, networks and files that allow the USER to access and use their account, are the property of ENGAGE SERVIÇOS DE INFORMÁTICA LTDA and are protected by international laws and treaties on copyright, trademarks, patents, models and industrial designs. The misuse and total or partial reproduction of said content is prohibited, except with express authorization.

Considering that registration is contingent upon acceptance of the Terms and Conditions of Use, it is understood that the visitor or USER has read and agreed to the conditions set forth in these Terms, without prejudice to ENGAGE altering them at any time should it be necessary to adapt them to new facts.

Therefore, we request that you periodically read these Terms to be aware of the responsibilities, duties, and obligations that the visitor or USER assumes when using ENGAGE.

The parties agree that the receipt of electronic messages and files shall be considered documentary evidence for all purposes, provided that there is a confirmation of receipt or other type of protocol certifying receipt of the communication.

JURISDICTION
The jurisdiction of the District of Santo André, SP, is hereby chosen as the competent forum to settle any disputes arising from these Terms of Use, regardless of any other, however privileged it may be or may become.