GENERAL TERMS AND CONDITIONS OF USE

This is a translation of the original Portuguese text. In case of any discrepancy, the Portuguese version prevails.

These general Terms and conditions apply to the use of the services offered by AMIGO SECRETO TECNOLOGIA LTDA., registered with the CNPJ/MF (Brazilian National Registry of Legal Entities) under No. 58.727.686/0001-05, headquartered in the city of São Paulo, State of São Paulo, at Rua Américo Brasiliense, No. 1501, Chácara Santo Antônio, CEP: 04715-005, hereinafter referred to as AMIGO SECRETO.

Any person, hereinafter referred to as USER, who intends to use the services of AMIGO SECRETO must accept these general Terms and conditions, our Privacy Policy and Cookie Policy.

Acceptance of these general Terms and conditions, as well as of the aforementioned policies, is absolutely indispensable for the use of the PLATFORM and of the services provided by AMIGO SECRETO.

The USER must read, make sure they have fully understood, and accept all the conditions set forth in the general Terms and conditions, in the Privacy Policy and Cookie Policy, as well as in the other documents incorporated into them by reference, before registering as a USER of the AMIGO SECRETO PLATFORM.

BY USING THE PLATFORM, THE USER DECLARES THAT THEY HAVE FULL LEGAL CAPACITY TO PERFORM THE ACTS OF CIVIL LIFE, UNDER THE TERMS OF THE LEGISLATION IN FORCE, AGREES TO THESE GENERAL TERMS AND CONDITIONS OF USE OF THE PLATFORM, PRIVACY POLICY AND COOKIE POLICY.

IN THE CASE OF A USER UNDER 18 (EIGHTEEN) YEARS OF AGE, OR AN ADULT LACKING LEGAL CAPACITY, SUCH USER MUST HAVE THE EXPRESS AUTHORIZATION OF THEIR PARENTS OR LEGAL GUARDIANS TO USE THE PLATFORM, WHICH AUTHORIZATION SHALL BE GIVEN THROUGH THE REGISTRATION OF THE FATHER, MOTHER OR LEGAL GUARDIAN, AS WELL AS A DECLARATION OF AUTHORIZATION THROUGH TOOLS MADE AVAILABLE ON THE PLATFORM.

01 - PURPOSE

The services, which are the subject matter of these Terms, consist of the spontaneous creation of virtual "Secret Santa" groups, intended for the exchange of electronic messages over the Internet among their participants, using their personal email addresses, and for the promotion of the site's sponsors' products to its users.

Accordingly, AMIGO SECRETO will provide the USER (only as and when the service is available) with access to services for creating virtual groups over the Internet for the purpose of forming groups to exchange gifts through the "Secret Santa game" Registration of groups and users on the PLATFORM is free of charge.

02 – USER DECLARATIONS

The USER declares that:

a) they will not use the PLATFORM for illegal purposes or to transmit material that is illegal, defamatory, that violates the privacy of third parties, or that is abusive, threatening, obscene, or otherwise objectionable, or that infringes or may infringe intellectual property rights or other rights of third parties;

b) they will not use the PLATFORM to transmit any materials containing viruses, "Trojan horse" files, or any other harmful program.

c) they will not transmit unsolicited messages ("spam" or "junk mail"), chain letters, or mass distributions of unsolicited messages;

d) they will not interfere with or disrupt the service, servers or networks connected to the PLATFORM;

e) they will comply with all requirements, procedures, policies and regulations of networks connected to the PLATFORM;

f) they will comply with all applicable laws regarding the transmission of data from Brazil or from the territory where the user resides;

g) they will not transmit any material that is illegal, humiliating, defamatory, invasive of privacy, abusive, threatening, harmful, vulgar, obscene, insulting, or in any way objectionable through the PLATFORM;

h) they will not transmit any material that violates the rights of third parties, including, but not limited to, the intellectual property rights of third parties;

i) they will not transmit any material that violates any applicable local, state, national or international law or regulation;

j) they will not obtain or attempt to obtain unauthorized access to other computer systems or networks connected to the PLATFORM;

k) they are solely responsible for the content of transmissions made through the PLATFORM from their registered email address and password;

l) they agree to have their registration canceled should AMIGO SECRETO identify that the user has in any way violated these terms or any policies published through the PLATFORM.

03 – PRIVACY

It is part of AMIGO SECRETO's policy to respect the privacy of its users. The website AmigoSecreto.com.br will therefore not monitor, edit, access or disclose information concerning the content of private communications among its users, except in the cases expressly provided for in the terms of this agreement or unless it is required to do so by law or court order, under the terms of our Privacy Policy.

04 – USER RESPONSIBILITIES

The USER is responsible for:

a) obtaining their own Internet access and paying any service fees that may be charged by third parties in connection with such access;

b) obtaining their own access to an address for sending electronic messages over the Internet and paying any service fees that may be charged by third parties in connection with such access;

c) providing all equipment necessary to connect to the Internet, including, but not limited to, a computer and a modem;

d) completing their own registration on the site or the registration of a group;

e) creating group(s) of users registered on the site and allowing users to participate in the group(s) formed.

05 – RESPONSIBILITIES OF AMIGO SECRETO:

AMIGO SECRETO is responsible for

a) making available tools, accessible over the Internet, for user registration and for the creation of virtual groups, by bringing together registered USERS;

b) making available a tool for the electronic drawing of the names of participating USERS, through which each user will randomly receive the name of another user in their group, for the purpose of participating and interacting in the "Secret Santa game";

c) making available tools for composing electronic messages, accessible over the Internet, through the registration of its USERS;

d) making available tools for the anonymous sending of electronic messages, addressed by the sending user exclusively to any member of the group to which they were admitted, subject to the authorization of the USER responsible for creating the group;

e) displaying advertising material about products and services of advertisers and sponsors of the AMIGO SECRETO PLATFORM, to which the USER expressly agrees;

f) AMIGO SECRETO will use its best efforts to ensure the integrity of the data registered by USERS. However, given the very nature of the service, the warranties provided by AMIGO SECRETO are limited.

06 - USER REGISTRATION, PASSWORD AND SECURITY

The USER undertakes to provide their own email address, to be used for their identification on the AmigoSecreto.com.br PLATFORM and for receiving messages arising from their registration on said PLATFORM. The USER will create a password and will be fully responsible for the confidentiality of their password, as well as for any activity that occurs under their registration. The USER may change their password at any time. Both the email address provided by the user and the password created by them will be used to identify that same USER and to grant access to the PLATFORM.

The USER undertakes to immediately notify AMIGO SECRETO of any unauthorized use of their login on the PLATFORM (identification of the user for access to the PLATFORM by entering their personal email address and the password they created) or of any security breach of which they become aware. The USER further undertakes not to leave their account open on their computer after signing in with their email address and password.

07 - CONNECTIONS ("LINKS")

The PLATFORM may provide, or USERS may include in their messages, "links" to other addresses or resources on the Internet. AMIGO SECRETO is not responsible for the availability of such external addresses or resources and does not endorse and is not responsible for any content, advertising, products, services or other materials contained in or made available on the PLATFORM. The USER agrees that AMIGO SECRETO shall not be responsible, directly or indirectly, for any costs, damages or losses actually or allegedly caused by any content, products or services available on said external sites or resources, or by the user's use of or reliance on such content, products or services.

08. DEALINGS WITH ADVERTISERS

The USER expressly acknowledges and agrees that AMIGO SECRETO is not responsible for any content, advertising, product or service contained in or offered on the PLATFORM. Consequently, any dealings between the USER and advertisers on the PLATFORM, including but not limited to the user's participation in advertisers' promotions available on the PLATFORM, including payment for and delivery of goods and services and any other terms, conditions, warranties or representations associated with such dealings, shall bind only the USER and the respective advertiser. AMIGO SECRETO shall have no liability whatsoever to the user or any third party, whether contractual, non-contractual or otherwise, for any losses or damages of any kind incurred as a result of any such dealings with third parties or arising from the presence of such advertisers on the PLATFORM.

09. PROPRIETARY RIGHTS

The USER acknowledges and agrees that the content, including, but not limited to, texts, software programs, music, sounds, photographs, graphics, videos or other materials contained in advertising or promotional material available on the PLATFORM, as well as the information disclosed to the USER through the PLATFORM or by advertisers, may be protected by copyrights, trademarks, patents or other intellectual property rights and applicable law.

The USER acknowledges and agrees that they may only use such materials and information as expressly authorized by AMIGO SECRETO or by the advertisers, and may not copy, reproduce, transmit, distribute or create derivative works from such materials or information without the express authorization of the respective owner.

10. LIMITED WARRANTY

A. USE OF THE PLATFORM IS ENTIRELY AT THE USER'S OWN RESPONSIBILITY. THE SERVICE IS PROVIDED FREE OF CHARGE AND DEPENDS ON THE FUNCTIONALITY OF SEVERAL FACTORS, SUCH AS THE INTERACTION OF THIRD-PARTY SERVERS AND TELECOMMUNICATIONS SERVICES, THE SUITABILITY OF THE EQUIPMENT OF THE USER AND OF THE RECIPIENT OF THE MESSAGE, ETC. WITH THIS IN MIND, AMIGO SECRETO WILL USE ITS BEST EFFORTS TO ENSURE THAT THE SERVICES DESCRIBED IN THESE TERMS ARE PROVIDED WITHOUT FAILURES OR EXTERNAL INTERFERENCE. HOWEVER, GIVEN THE NATURE OF THE SERVICE AND THE CURRENT STATE OF THE ART REGARDING ELECTRONIC COMMUNICATIONS AND DATA TRANSMISSIONS OVER THE INTERNET, AMIGO SECRETO CANNOT GUARANTEE THAT MESSAGES WILL BE DELIVERED TO THE CORRECT PERSON, WITHIN AN APPROPRIATE TIME, OR THAT THEY WILL NOT BE LOST, DISCLOSED OR TAMPERED WITH BY UNAUTHORIZED THIRD PARTIES, SUCH AS "HACKERS". THE USER IS ADVISED NOT TO RELY EXCLUSIVELY ON THE SERVICE TO SEND IMPORTANT OR CONFIDENTIAL INFORMATION, AND AMIGO SECRETO SHALL HAVE NO LIABILITY FOR ANY FAILURE RESULTING FROM THE SENDING OF MESSAGES BY THE USER;

B. AMIGO SECRETO OFFERS NO WARRANTIES OF ANY KIND REGARDING ANY FAILURES OF THE SERVICES;

C. AMIGO SECRETO DOES NOT GUARANTEE THAT THE SERVICE WILL MEET THE USER'S NEEDS OR THAT THE SERVICE WILL BE PROVIDED IN AN UNINTERRUPTED, SECURE OR ERROR-FREE MANNER.

D. THE USER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE PLATFORM IS ENTIRELY THEIR OWN RESPONSIBILITY, INCLUDING WITH REGARD TO ANY DAMAGE TO THEIR COMPUTER SYSTEM.

11. INDEMNIFICATION

The USER agrees to indemnify and hold harmless AMIGO SECRETO, its directors and employees, from any losses, expenses, damages, complaints or claims incurred by any third parties or suffered by AMIGO SECRETO in connection with or as a result of any use or transmission carried out by the USER, through the PLATFORM, that occurs under the USER's email address and password, and that violates the terms of use of the PLATFORM, the Privacy Policy and/or any applicable local, national or international laws or regulations, or any rights of third parties.

12. TERMINATION

AMIGO SECRETO may cancel the USER's access to any part or all of the PLATFORM, to the services related to it, at any time, with or without cause, with or without prior notice, at the sole discretion of AMIGO SECRETO.

The user's registration may also be canceled due to inactivity for a certain period, to be designated by AMIGO SECRETO.

If the USER wishes to close their registration, they must first remove their profile from all Secret Santa groups in which they are participating, by asking the group Organizers/Moderators to remove their profile. Only after their profile has been removed from these groups may they request that the AMIGO SECRETO administration delete their registration, which request must be sent by email to suporte@amigosecreto.com.br.

Requests to delete the registration made before the USER's profile has been removed from the groups in which they are participating cannot be carried out through the PLATFORM.

AMIGO SECRETO shall not be responsible for keeping any content linked to the USER's registration or for sending any message not read or not sent by the user or third parties.

13. USE OF REGISTRATION INFORMATION

A. THE USER EXPRESSLY AUTHORIZES AMIGO SECRETO, OR ANYONE DESIGNATED BY IT, TO DISCLOSE THE REGISTRATION INFORMATION AND INFORMATION ABOUT THE USER'S USE OF THE PLATFORM, FOR COMMERCIAL PURPOSES, INCLUDING MARKETING;

B. THE USER EXPRESSLY AUTHORIZES THE RECEIPT OF MESSAGES, AT THEIR REGISTERED EMAIL ADDRESS, CONCERNING ADVERTISING CONTENT FROM ADVERTISERS AND SPONSORS OF THE AMIGO SECRETO PLATFORM OR FROM ANY BUSINESS PARTNERS THAT AMIGO SECRETO MAY HAVE AND AUTHORIZE;

C. THE USER EXPRESSLY AGREES THAT AMIGO SECRETO SHALL HAVE NO LIABILITY WHATSOEVER FOR THE USE OF THE INFORMATION DISCLOSED BY IT AS EXPRESSLY AUTHORIZED, WHEREBY THE USER EXPRESSLY RELEASES AMIGO SECRETO FROM ANY AND ALL LIABILITY, INCLUDING, BUT NOT LIMITED TO, THE TRANSMISSION TO THE USER OF MESSAGES CONTAINING MATERIAL (I) THAT IS ILLEGAL, HUMILIATING, DEFAMATORY, INVASIVE OF PRIVACY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, INSULTING, OR IN ANY WAY OBJECTIONABLE; (II) THAT VIOLATES THIRD-PARTY RIGHTS, INCLUDING, BUT NOT LIMITED TO, THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS; (III) THAT VIOLATES ANY APPLICABLE LOCAL, STATE, NATIONAL OR INTERNATIONAL LAW OR REGULATION; (IV) THAT CONTAINS VIRUSES, "TROJAN HORSE" FILES, OR ANY OTHER HARMFUL PROGRAM; OR (V) THAT IS UNSOLICITED ("SPAM" OR "JUNK MAIL"), CHAIN LETTERS.

D. FURTHERMORE, THE USER EXPRESSLY AUTHORIZES THE DISCLOSURE BY AMIGO SECRETO OF ANY AND ALL REGISTRATION INFORMATION, AS WELL AS OF INFORMATION ABOUT THE USER'S USE OF THE SERVICE.

14. AMENDMENTS TO THE TERMS OF USE AND PRIVACY POLICY

AMIGO SECRETO may from time to time modify the terms of use of the PLATFORM and/or the Privacy Policy, in which case the USER will be notified by means of an initial screen describing the modifications. To agree to the changes, the USER must click the "I Accept" button again. Otherwise, the user's use of the PLATFORM will be canceled.

15. ON THE POSSIBLE CHANGE OR REMOVAL OF THE SERVICES OFFERED ON THE PLATFORM.

AMIGO SECRETO reserves the right to change or discontinue the service, which will be done, if applicable, upon prior notice on a prominent screen of the PLATFORM.

16. GENERAL PROVISIONS AND VENUE

The terms of use of the PLATFORM, as well as the relationship between the parties, shall be governed by and construed in accordance with the laws of the Federative Republic of Brazil.

The Parties elect the courts of the Judicial District (Comarca) of the Capital of the State of São Paulo to settle any questions or disputes arising from these Terms of use, to the exclusion of any other, however privileged it may be.

17. NOTICES

All notices to either party must be given in writing, by email or regular mail. Notwithstanding the foregoing, AMIGO SECRETO may post notices or messages through the PLATFORM to inform the USER about any changes to the services offered on the PLATFORM, or to the terms of use and/or Privacy Policy, or about other relevant matters.