Terms and Conditions

These Terms govern the use of this service (Kobana) and any other related Agreement or legal relationship with the Owner, in a legally binding manner. Capitalized words are defined in the respective specific section of this document.

The User should read this document carefully.

"Kobana" refers to: - this website, including its subdomains and any other website through which the Owner makes its Service available; - the Application Programming Interfaces (API); - the Service; - any applications, samples and content files, source codes, scripts, instruction sets or software included as part of the Service, as well as any related documentation.

The following documents are incorporated by reference into these Terms: - API Terms - Service Level Agreement - Privacy Policy - Data Retention Policy - Information Security Policy

The Service/Kobana is intended only for Users who do not qualify as Consumers, such as Business Users.

Kobana uses automatic renewal for Product subscriptions. Information about a) the renewal period, b) termination details and c) termination notice can be found in the respective section of these Terms.

To use the Service, Users must register or create a User account, providing all requested data or information in a complete and accurate manner. Failure to do so will result in unavailability of the Service.

Users will be responsible for keeping their authentication data confidential and secure. For this reason, Users will also be required to choose passwords that meet the highest strength standards allowed by Kobana.

By registering, Users agree to be fully responsible for all activities that occur under their username and password.

Users will be required, immediately and unequivocally, to inform the Owner through the contact details indicated in this document, if they believe that their personal information, including, but not limited to, User accounts, access data or personal data, has been violated, improperly disclosed or stolen.

**Conditions for account registration** - Accounts registered by "bots" or any other automated method will not be permitted. - Unless otherwise specified, each User must register only one account. - Unless expressly permitted, a User account may not be shared with other people.

**Account deactivation** Users may deactivate their account and stop using the Service at any time, using the tools provided by Kobana for account deactivation or by contacting the Owner directly at the contact details provided in this document.

However, account deactivation will not be possible until the subscription period paid by the User has expired.

**Account suspension and deletion** The Owner reserves the right to suspend or delete the User's account, upon 30 (thirty) days' prior notice, in the following cases: - violation of these Terms by the User; - irregularities or pending issues in the User's registration not resolved within the notice period; - the use or access of this service by the User may harm the Owner, other Users or third parties; - the use of this service by the User may cause the violation of laws or regulations; - in the event of investigation by legal action or government involvement; - the account or its use is considered, at the sole discretion of the Owner, inappropriate or offensive or in disagreement with these Terms; - use of the Platform for illicit practices, including, but not limited to, money laundering, terrorism financing, fraud or any other activity prohibited by applicable legislation.

In cases of urgency, proven fraud or court order, the Owner may suspend the account immediately, without prior notice.

The suspension or deletion of User accounts will not entitle Users to any claims for compensation, damages or refunds.

The suspension or deletion of accounts due to causes attributable to the User will not exempt the User from paying any applicable fees or amounts.

Unless otherwise specified or made clearly recognizable, all content made available by Kobana will be owned and provided by the Owner or its licensors.

The Owner will use its best efforts to ensure that the content provided by Kobana will not violate any applicable legal provisions or third-party rights. However, it may not always be possible to achieve this result.

Intellectual property rights over content owned and provided by the Owner are licensed on a "some rights reserved" basis.

The Owner allows Users to upload, share or provide their own content to Kobana.

By providing content to Kobana, Users will be confirming that they are legally authorized to do so and that they are not violating any legal provisions and/or third-party rights.

**Rights related to content provided by Users** Users acknowledge and accept that, by providing their own content on this service, they will be granting the Owner a non-exclusive, fully paid-up and royalty-free right to process such content, solely for the operation and maintenance of this service, as required by contract.

To the extent permitted by applicable legislation, Users waive any moral rights related to the content they provide to Kobana.

**Responsibility for content provided** Users will be solely responsible for the content they upload, post, share or provide through Kobana. Users acknowledge and accept that the Owner does not filter or moderate such content.

However, the Owner reserves the right to remove, delete or block such content, at its own discretion and, without prior notice, deny the User who uploaded the content access to Kobana: - upon becoming aware of any (alleged) violation of these Terms, any third-party rights or applicable law; - if a notice of intellectual property rights violation is received; - if a notice of violation of third-party privacy is received; - upon order of a public authority; - when the Owner is informed that the content may pose a risk to Users, third parties and/or the availability of the Service.

**Access to provided content** Private content provided by Users shall remain private and will not be shared with any third parties or accessed by the Owner without the User's express consent.

Content that is to be made available to specific audiences may only be shared with those third parties, as determined by the Users.

Kobana and the Service may only be used within the scope for which they are provided, in accordance with these Terms and applicable legislation.

Users will be solely responsible for ensuring that by using Kobana and/or the Service, they are not violating any applicable legislation, regulations or third-party rights.

The Owner reserves the right to take any appropriate measure to protect its legitimate interests, including denying Users access to Kobana or the Service, terminating contracts, reporting any illicit conduct to the competent authorities, whenever Users are involved or suspected of being involved in: - the violation of laws, regulations and/or these Terms; - the violation of any third-party rights; - considerable damage to the legitimate interests of the Owner; - offense to the Owner or any third party.

Any intellectual or industrial property rights, and any other exclusive rights over software or technical applications embedded in or related to Kobana, shall be held by the Owner and/or its licensors.

The Owner grants Users only a revocable, non-exclusive, non-sublicensable and non-transferable license to use the software and/or any other technical means embedded in the Service, within the scope and for the purposes for which Kobana and the Service are offered.

This license does not grant Users any rights to access, use or disclose the original source code. All techniques, algorithms and procedures contained in the software and any related documentation shall be the exclusive property of the Owner or its licensors.

All grants of rights and licenses to Users shall be immediately terminated upon any termination or expiration of the Agreement.

Users may access their data related to Kobana through the Application Programming Interface (API). Any use of the APIs, including use of the APIs through a third-party product/service that accesses Kobana, will be bound by these Terms and, in addition, by the following specific terms:

The User expressly understands and agrees that the Owner shall have no liability nor be obligated for any damages or losses resulting from the User's use of the APIs or their use of any third-party products/services that access data through the APIs.

**Paid products** Some of the Products provided via Kobana, as part of the Service, are provided for a fee. The fees, duration and conditions applicable to the purchase of such Products are described below and in the specific sections of this service.

**Product description** Prices, descriptions or availability of Products are described in the respective sections of this service and are subject to change upon 90 (ninety) days' prior notice to the User.

**Purchase process** Any action taken from choosing a Product to placing an order is part of the purchase process. The purchase process includes these steps: - Users will be required to specify their billing address, contact details and chosen payment method. - During the purchase process, Users may, at any time, modify, correct or change the information provided or stop the purchase process altogether, without any consequence. - After providing all necessary information, Users should carefully review the order and may then proceed with finalization.

**Order submission** The submission of an order establishes the contract and creates the User's obligation to pay the price, taxes and other possible fees and expenses, as specified on the order page.

If the purchased Product requires action from the User, such as providing information or personal data, specifications or special requests, the order submission creates an obligation for the User to act accordingly.

Upon submission of the order, Users will receive a receipt confirming that the order has been received.

**Prices** Prices on this service will be displayed including all applicable fees, taxes and expenses.

Annual adjustment: Prices will be adjusted annually based on the IPCA/IBGE variation, or another index that may replace it. The Owner will notify the User at least 90 (ninety) days in advance of any price change not resulting from the scheduled annual adjustment.

**Late payment and penalties** In case of late payment of any amounts owed by the User, the following will apply: - Late payment penalty: 2% (two percent) on the overdue amount; - Default interest: 1% (one percent) per month, calculated pro rata die; - Monetary adjustment by IPCA/IBGE or the index that may replace it.

Non-payment for a period exceeding 30 (thirty) days may result in suspension of access to the Service, without prejudice to the collection of amounts owed.

**Offers and discounts** The Owner may offer discounts or provide special offers for the purchase of Products. Offers and discounts will always be granted at the sole discretion of the Owner, without generating any entitlement or right that Users may claim in the future.

Information related to accepted payment methods will be made available during the purchase process. Some payment methods may be available only under additional conditions or fees.

The duly indicated payment methods are managed directly by the Owner. In this case, the Owner will collect and store the data necessary for payment processing and to comply with any associated obligation. The User may read the privacy policy of this service to learn more about data processing.

If, through the available methods, payment fails, the Owner will have no obligation to fulfill the purchase order.

**Retention of usage rights** Users will not acquire any rights to use the purchased Product until the full purchase amount has been received by the Owner.

The Owner grants Users a contractual right to cancel the purchase, within 30 (thirty) days from the execution of the contract, provided the User has not performed operations in a production environment.

If the User has already performed operations in a production environment, cancellation must follow the termination conditions provided in these Terms.

**Money-back guarantee for services** The Owner grants Users the right to cancel the purchase of a service and obtain a refund, within 30 (thirty) days from the day the contract was executed, provided the User has not performed operations in a production environment.

The Owner will refund the value of the purchased Product, using the same payment method of the original transaction.

Upon receipt of the notice, the Owner will verify whether all applicable conditions for the money-back guarantee have been met — including the absence of production operations — and, if so, will refund the purchase amount.

**Fixed-term subscriptions** Paid fixed-term subscriptions start on the day payment is received by the Owner, and last for the subscription period chosen by the User or specified during the purchase process. Once the subscription period has expired, the Product will no longer be accessible.

**Automatic renewal of fixed-term subscriptions** Subscriptions are automatically renewed through the payment method chosen by the User at the time of purchase. The renewed subscription will have the same duration as the original subscription.

The User will receive a reminder of the approaching renewal with reasonable advance notice, specifying the procedure to follow in order to cancel the automatic renewal.

**Loyalty period** The Owner may establish a minimum loyalty period for certain plans, as informed during the purchase process. Early termination during the loyalty period may result in a termination penalty, as provided in the terms of the contracted plan.

**Termination by the User** Subscriptions may be terminated by means of a clear and unequivocal termination notice to the Owner, with a minimum of 30 (thirty) days' advance notice, sent through the contact information provided in this document or, as applicable, using the respective controls in this service.

If the termination notice is received by the Owner with the required minimum advance notice, the termination will take effect at the end of the current subscription period.

**Termination by the Owner** The Owner may terminate the contract upon 30 (thirty) days' prior notice to the User, for any justified reason, including: - discontinuity of the Service or specific features; - repeated violation of these Terms by the User; - User default for a period exceeding 60 (sixty) days.

In case of termination by the Owner without just cause, the amounts paid for the unused period will be returned proportionally to the User.

The Owner shall be liable exclusively for direct damages demonstrably caused to the User as a result of failure in the provision of the Service, with total liability limited to the equivalent of 12 (twelve) months of payments made by the User to the Owner.

The Owner shall not be liable for: - lost profits, indirect, incidental, special, consequential or punitive damages; - losses arising from force majeure, acts of third parties or government decisions; - damages caused by misuse of the Service by the User or by third parties authorized by the User; - temporary unavailability of the Service for scheduled or emergency maintenance; - losses arising from integrations developed by the User or by third parties.

The parties commit to complying with applicable personal data protection legislation, in particular the General Data Protection Law (Law No. 13,709/2018 – LGPD).

Within the scope of the Service provision, the User acts as Controller of the personal data of its clients and data subjects, and the Owner acts as Processor, processing personal data exclusively in accordance with the Controller's instructions and for the purpose of providing the Service.

The Owner commits to: - process personal data only in accordance with the Controller's documented instructions; - implement appropriate technical and organizational measures to protect personal data; - notify the Controller, within a reasonable timeframe, of any security incident involving personal data; - assist the Controller in responding to data subject requests and regulatory obligations; - upon termination of the contractual relationship, delete or return personal data, as instructed by the Controller, subject to legal retention periods.

The parties undertake to keep confidential all confidential information to which they have access in connection with the performance of these Terms, including, but not limited to, technical, commercial, financial, strategic data, personal data and client data.

The confidentiality obligation shall remain in effect for 5 (five) years after the termination of the contractual relationship.

The following shall not be considered confidential: - information that is in the public domain or becomes public through no fault of the receiving party; - information already known to the receiving party before disclosure; - information legitimately obtained from third parties without confidentiality restrictions; - information disclosed by legal, regulatory or court order requirement, in which case the receiving party shall notify the disclosing party in advance, where possible.

The parties declare that they are aware of and commit to complying with anti-corruption regulations, including, but not limited to, Law No. 12,846/2013 (Anti-Corruption Law) and Law No. 9,613/1998 (Anti-Money Laundering Law), committing to: - not offer, promise, give or authorize, directly or indirectly, any improper advantage to public or private agents; - maintain accurate and transparent records of all transactions; - immediately communicate to the other party any suspicion of irregularity or violation of anti-corruption regulations.

Violation of this clause shall constitute a serious infraction, resulting in the immediate termination of the contract, without prejudice to the determination of civil and criminal liabilities.

**No waiver** If the Owner does not enforce any right or provision provided in these Terms, this shall not constitute a waiver of such right or provision.

**Service interruption** The Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, adequately informing Users. The Service may be unavailable due to reasons beyond the Owner's reasonable control, such as "force majeure" events (e.g., infrastructure failures, power outages, etc.).

**Resale of the Service** Users may not reproduce, duplicate, copy, sell, resell or exploit any part of this service or its Service without the prior written authorization of the Owner.

**Intellectual property rights** Any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to Kobana shall be the exclusive property of the Owner or its licensors and shall be subject to the protection granted by applicable laws or international treaties.

**Changes to these terms** The Owner reserves the right to change or otherwise modify these Terms at any time. Continued use of the Service shall imply acceptance of the revised Terms by the User. If Users do not wish to be bound by the changes, they should stop using the Service and may terminate the Agreement.

**Assignment of the contract** The Owner reserves the right to transfer, assign, novate or subcontract all rights or obligations provided in these Terms, taking into account the legitimate interests of the User. Users may not assign or transfer their rights or obligations without the written authorization of the Owner.

**Severability** If any provision of these Terms is found to be invalid or unenforceable under applicable legislation, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

These Terms shall be governed by the law of the place where the Owner is located, as set forth in the respective section of this document, without reference to conflicts of legal principles.

The courts of the District of Barueri, State of São Paulo, Brazil, are hereby elected to settle any disputes arising from these Terms, with express waiver of any other, regardless of how privileged it may be.

**Kobana (or this Application)** — The property that enables the provision of the Service.

**Agreement** — Any contractual or legally binding relationship between the Owner and the User, governed by these Terms.

**Business User** — Any User who does not qualify as a Consumer.

**Owner (or We)** — Indicates the natural or legal person that provides Kobana and/or renders the Service to Users.

**Product** — A good or service available through this service, such as objects, digital files, software, scheduling services, etc., and any other products separately defined in this document.

**Service** — The service provided by Kobana, as described in these Terms and in this service.

**Terms** — All provisions applicable to the use of this service and/or the Service, as described in this document, including any other related documents or agreements, and as updated from time to time.

**User (or You)** — Indicates any natural or legal person using Kobana.