1.2. The Platform services include the provision of an embed whitelabel platform (“Lives”) for real-time online sales of products and/or services of the respective Partner.
2.1. Platform – MIMO LIVE SALES's whitelabel embed platform integrated into its partners' environments, and operated directly by such partners.
2.2. Partner means the partner and client of MIMO LIVES SALES that operates the environment where the live commerce will take place (either app or website), using its own brand, with the Partner having all the direct relationship with the User.
2.3. User, or Shopper, means the individual who accesses the Platform operated by the Partner, watching the lives and/or purchasing products and/or services.
3.1. These Terms are applicable and binding specifically to the Partner, who must read and agree to the terms set forth herein prior to using the Platform, as well as instruct Shoppers Users.
3.2. The Shopper is the individual who will use the Platform for the purpose of acquiring the products and services advertised by the Partner.
3.4. Individuals or legal entities that access the Platform without performing any registration (“Visitors”) may only use the Platform for the purpose of viewing the Lives in real time or recorded; being prohibited from sending comments and/or questions during or after the Lives.
4.1. Availability of an embed whitelabel platform (“Lives”) for online sales of products and/or services, in real time.
4.2. The services provided by the Partner on the Platform to the Shopper may consist of (i) the possibility of interacting in the lives, sending comments and/or questions to the filmmakers; (ii) possibility of contact through the Platform between the Shopper and the Partner, enabling the execution of purchase and sale transactions, to be handled directly between the Shopper and the Partner.
4.3. The Platform allows the Shopper to pay the price directly to the Seller, under the terms and conditions presented by the Seller, without the intervention of MIMO LIVE SALES. MIMO LIVE SALES does not provide any products or services advertised by users on the Platform, serving only as an intermediary between the parties.
4.4. For all purposes, the purchase and sale of products is only formalized after the product has been posted by the Seller. MIMO LIVE SALES is not responsible for the sale of products, including logistics, product exchange, returns and any complaints by Shoppers, which are the responsibility of the Partner.
5.1. These Terms and Conditions of Use for Services in the Partner Environment must always be interpreted in conjunction with the Privacy Notice for Services in the Environment of the Partners of MIMO LIVE SALES Privacy Notice.
5.2. To access all the features of the Platform, the Shopper must register, which is free and allowed only for individuals.
5.3. The Shopper's data required to register on the Platform are the Shopper's name, e-mail, telephone number and password ('Registration Information'), and MIMO LIVE SALES guarantees its Users that all passwords registered on the Platform are encrypted. For more information on the treatment of this data, see our Privacy Notice for Services in the Partner Environment.
5.4. The registration can be carried out by filling in the Registration Information directly on the Platform or with the social login, through a link to the Shopper's Facebook or Gmail registration; so that the Shopper's name and e-mail will be automatically captured, and he/she must only register a password.
5.5. The Shopper will access your account by providing the registered email and password.
5.6. The Shopper agrees that the registered password is personal and non-transferable and that it is solely his responsibility to keep it confidential, and its assignment, sharing and/or transfer to third parties is strictly prohibited.
5.7. In the event that the Shopper needs a new password, he/she must provide the registered e-mail address in order to send a password recovery link.
In purchases made by the Shopper on the Platform operated by the Partner, payments will not be made directly through the Platform. In this case, all arrangements for payment and delivery of the goods must be handled directly between the Shopper and the partner, without connection by MIMO LIVE SALES.
7.1. The Shopper undertakes not to do, assist in doing, or enable other people to carry out the following conduct:
a) Violate or circumvent any applicable laws or regulations, third party contracts, third party rights or these Terms, the Privacy Notice or any other document of MIMO LIVE SALES;
b) Use the MIMO LIVE SALES Services for any purpose not expressly authorized by these Terms, or in any way that falsely suggests that MIMO LIVE SALES has a partnership with, endorses or otherwise misleads third parties as to your affiliation with MIMO LIVE SALES;
c) Copying, storing, accessing or using any information, including personally identifiable information about any other User, contained on the MIMO LIVE SALES Services, in a manner inconsistent with the MIMO LIVE SALES Privacy Notice or these Terms, or that otherwise violates the privacy rights of Users and third parties;
d) Discriminate or harass any person on the basis of their race, nationality, religion, gender, gender identity, physical or mental disability, medical condition; marital status, age or sexual orientation or for any other reason, or in any other way engage in violent, harmful, abusive behavior or incite hateful or prejudiced speech;
e) Use, display, imitate or reproduce the MIMO LIVE SALES Services or any other individual internal element thereof, the MIMO LIVE SALES name, any brand, logo or other proprietary information; or the layout and design of any page or form contained on a MIMO LIVE SALES page, without the express written consent of MIMO LIVE SALES;
f) Smear or damage the MIMO LIVE SALES brand in any way, register and/or use MIMO LIVE SALES or derivative terms in domain names, trademarks or other identifiers, or register and/or use domain names, trademarks or other identifiers of origin that closely imitate or are confusingly similar to the domains, brands, slogans, promotional campaigns and visual identity of MIMO LIVE SALES;
g) Use robots, “spider”, “crawler”, “scraper” or other automatic means or process to access, collect data or other content, or interact with the MIMO LIVE SALES Services for any unauthorized purpose;
h) Bypass, remove, disable, impair, decode, or attempt to circumvent any technological measure that has been implemented by MIMO LIVE SALES or any of MIMO LIVE SALES' providers, or any other third party to protect the MIMO LIVE SALES Services;
i) Attempt to decipher, decompile, disassemble or reverse engineer any software used to provide the MIMO LIVE SALES Services;
j) Take any action that causes damage or adversely affects, or that may cause damage or adversely affect the performance or proper functioning of the Services of MIMO LIVE SALES;
k) Violate or infringe the right of any person or cause harm to any person; and
l) Use the Platform to commit crimes.
7.2. The identification by MIMO LIVE SALES of the practice by the Shopper of any conduct listed in item 7 will authorize the immediate exclusion of the Shopper from the Platform, being banned from using any Service and from performing a new registration, at the sole discretion of MIMO LIVE SALES.
8.1. The Platform and all aspects of the Services are the exclusive property of MIMO LIVE SALES and/or the Partner and its suppliers, as the case may be, and are protected under the laws of Brazil and international intellectual property laws. On the other hand, each User is solely and exclusively responsible for the intellectual property and author rights inherent to the contents published by them on the Platform.
9.1. MIMO LIVE SALES adopts a Privacy Notice, which may be changed and updated whenever necessary, which will be previously communicated to Users, including for the collection of a new acceptance. The Privacy Notice provides for any and all disclosure or use of personal data. By using the Platform services, you declare that you have read, understood and agreed to the terms of the Privacy Notice. In case of doubts or additional information about how MIMO LIVE SALES treats personal data, consult the Privacy Notice.
10.1. MIMO LIVE SALES will not be liable, under any circumstances, for any direct, indirect, lost profits, punitive, incidental, special, consequential, exemplary or other damages, including, without limitation, damages for coverage or loss of use, data, revenue or profits, arising out of or in any way directly related to the use or performance of the MIMO LIVE SALES Platform, such as delay or inability to use the Platform, or for any other content, whether based on contract, negligence, strict liability, lack of any recourse to achieve its essential purpose, even if MIMO LIVE SALES or any of its suppliers have been advised of the possibility of damages.
Some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to Shopper.
11.1. The Service and Platform are provided 'as is' and 'as available', without any warranty of any kind, express or implied, as to performance. Use of the Services is at the Shopper's own risk. MIMO LIVE SALES and its officers, partners, directors, employees, agents, lawyers, contractors, business partners, agents and third-party information providers and any other person involved in the creation, production or delivery of the Platform and Services; (i) do not assume any responsibility or liability for the accuracy, suitability, completeness or usefulness of the Services and (ii) do not guarantee that (a) the Services will be safe or available at any particular time or place; (b) any defects or errors will be corrected; (c) any content or software available on or through the Services is free of viruses, worms, trojans or other harmful external components; or (d) the results of using the Services will satisfy Shopper's purposes or expectations.
11.2. MIMO LIVE SALES adopts all the measures required by law and the best security practices to protect its Platform and its content against third-party computer attacks. However, it cannot guarantee that unauthorized third parties may not be aware of the conditions, characteristics and circumstances in which the Shopper accesses its user account. Consequently, MIMO LIVE SALES will not, under any circumstances, be liable for any damages that may arise from such unauthorized access. By using the Platform, Shopper agrees not to hold MIMO LIVE SALES or any of its officers, partners and directors liable for any loss or damage of any nature that Shopper has suffered as a result of misappropriation, interception, deletion, destruction or use of its data and personal data on the Platform.
12.1 MIMO LIVE SALES or the Partner may terminate Shopper's access to all or any part of the Services at any time, with or without cause; with or without notice, with immediate effect, guaranteeing the Shopper's access to his/her information and data for a period of 30 (thirty) days after termination. After this period, all information associated with the Shopper's account will be destroyed and cannot be recovered. Upon termination of Shopper's account, the right to use all or any part of the Services, all licenses and other rights granted through these Terms for such parts of the Services will terminate immediately.
13.5. All notices, communications and notifications will be made electronically and sent by MIMO LIVE SALES by email, by notification by the Platform or by messaging services.
Contact us through the channels available on the Platform or by email email@example.com and we will respond promptly.