TERMS OF USE

TERMS OF USE AND SERVICE - HARMONICLASS

Last updated on January 10th, 2021.

Welcome to HARMONICLASS!

Thank you for choosing our services (“Services”). By accepting the present terms, you, hereinafter referred to as “USER”, express your acceptance of the terms and conditions of the services contracted and offered by SFAIR & JUK PRODUCTIONS LTDA., Registered with CNPJ (tax ID) under nº 39.887.370 / 0001-28, from now on called “HARMONICLASS”.

If you do not agree with this Term, please do not use this service.

If you have any questions, please contact us through the communication channel: support@harmoniclass.com

1. REGISTRATION

You must be at least 18 years of age to accept these Terms of Service and complete your registration. However, if you are under this age, your parents or legal representative may accept them on your behalf.

In case of incorrect, untrue or unconfirmed information, as well as in the event the refusal to correct them or send documentation proving the correction, the

HARMONICLASS reserves the right to not complete the registration in progress, or also to block the existing registration, preventing you from using the services of platform until, at the discretion of HARMONICLASS, the situation is regularized.

The personal data provided by the USER will only be used for informational purposes, as well as to make communications with the USER viable and will not be passed on or made available to third parties.

For the purpose of performing the contracted services, the USER authorizes HARMONICLASS to use the data collected for the purpose of issuing purchase invoices and / or "invoices".

Once the products are registered and purchased, you will have access to the services through login and password, data that is personal and non-transferable. Even the HARMONICLASS, from the official launch of the course, will use a verification process in two steps when the user chooses to login on a different device.

2. CONDITIONS OF ACCESS

HARMONICLASS does not guarantee that the equipment (computer, cell phone, etc.) of the USER is compatible with all content available on the site. Always keep installed programs and plug-ins up to date. If you have any questions, contact our team through the communication channels defined in this Term.

By accepting this Term and purchasing the course, you are guaranteed the right to enter, access and use the contracted services, which will be provided by HARMONICLASS.

You agree that this permission is for your personal, non-commercial use and that no one but you will use the Service. You do not have copy or reproduction rights to all or part of any part of the content provided through the provision of services contracted here. At our sole discretion, we may close your account or modify it, claim or remove any username associated with your account, for any reason (including reasons associated with improper or unauthorized use) and we do not have the obligation to keep your account registered or any data you may have stored while using your account or our services.

3. SERVICES OFFERED

This Term applies to regulate the use of services offered by HARMONICLASS to you, the USER, who will be entitled (for the terms and amounts defined in the access to the “Harmoniclass” platform. The USER will have access to classes while the website and platform are live and while they are in full operation. If HARMONICLASS, for the mere liberality, chooses to remove the site and the operating platform, the USER you will receive the content of the purchased course by e-mail.

4. PROMOTIONS

The regulations regarding other promotional campaigns, incentive advertisements and other programs that provide additional benefits to the USER will be disclosed separately. For the sake of mere liberality, some services may be offered with variations in prices and conditions regularly offered for promotional purposes and for a determined period of time. The USER's participation in any promotion or offer will be subject to the rules defined and associated with promotion.

5. YOUR OBLIGATIONS AS A USER

After completing your registration, you agree not to disclose your login and password for third party access, nor allow the use of such information by third parties, being responsible for the consequences of using your login and password. You also agree to notify HARMONICLASS immediately after verifying or suspecting that your account has been used by someone else.

It is your obligation to provide registration information that is completely true and accurate, being exclusively and entirely responsible for all the content informed by you in the registration, as well as keeping your personal information up to date. In addition to making payments on the stipulated dates, the USER also agrees to take responsibility for their conduct while using the Platform, as well as for all consequences of them. As an example, and not as a limitation, the USER, you, agree that, WHEN USING THE PLATFORM OR ITS CONTENT, YOU WILL NOT transmit, display or make available any messages, content or materials that: Are illegal, obscene, threatening, defamatory characterize as spam or invasive of privacy;

Violate or infringe any copyrights, trademarks, patents, trade secrets, other intellectual property rights, privacy or publicity, communication regulations or statutes, or any other laws, including without limitation laws relating to defamation, harassment, obscenity or pornography;

That constitute a political campaign or commercial solicitation or that contain viruses, software or other computer codes designed to interfere with the functionality of any computer systems;

In addition, the USER undertakes not to:

• Defame, offend, harass, stalk, threaten or otherwise violate legal rights (the privacy and publicity rights, for example) of others;
• Upload, post, transmit or make available any content that infringes any patent, trademark, copyright, trade secret or other third party property right, unless the USER is the owner of the respective rights or have permission from the owner or other legal justification for use of said content;
• Upload, post, email, transmit or make available messages that promote pyramid schemes, chains or messages or advertisements unsuitable;
• Assume the identity of another person or entity, or falsify or exclude any assignment of author or designation of owner or label of origin or source of the Content, software or other material.
• Use any robot, crawler, website search / retrieval application or other device to retrieve or index any part of the Platform or its users. or collect information about users for any purpose that is not allowed;

In addition to the provisions above, you undertake not to fail to comply with the other obligations contained in this term, in addition to those contained in the laws that apply to this contract.

The violation of the USER to the obligations will result in the termination of the contracted Service, without the return of the amounts paid and with the respective determination of damages caused, which shall be indemnified by you, the user.

6. COLLECTION POLICY

All prices listed on the website are subject to change by HARMONICLASS, and can be modified at any time, without the need for prior notification.

USERS must first agree to this term in order to subsequently acquire HARMONICLASS services, making the purchase through payment methods available, in the values corresponding to the contracted services, which are included at the time of the offer.

If the payment method chosen is a credit card, the USER must observe the following provisions:

• You may be asked, during the application process, to provide your credit card information. As a USER of access, you agree that your payment card will be charged credit all sales taxes and fees and any other expenses related to the acquisition of HARMONICLASS services.
• All expenses will be billed to your credit card, according to the payment method chosen on our website. Any fees or charges bank charges arising from the contracting dealt with herein will be your responsibility.
• If you change your billing information, it must be updated with our database.
• By offering your credit card information, you are acknowledging and agreeing that we can keep the information in our databases as data, until you close your account.
• You agree that you will be solely responsible for paying all amounts billed. You agree that you will not provide any credit card information that is not in your name.

7. REFUND POLICY

You will have a period of 7 (seven) days from the date of reception of access to the course, to exercise your right of repentance. In this case, the amounts paid by you will be refunded.

 If the USER has attended the equivalent of 40% or more of the course purchased, the right of repentance cannot be exercised, so that, in this case, no refund will be due to the USER, even if the USER has requested the return within 7 (seven) days.

8. INTELLECTUAL PROPERTY AND USE RESTRICTIONS

You acknowledge that all HARMONICLASS service materials, including the content, text, images, software, audio and video files, documentation, the Website, are protected by the Copyright Law (Law 9.610 / 98), as well as international treaties on copyright, trademarks, patents, models and industrial designs. The misuse and the total or partial reproduction of the referred contents are prohibited, unless expressly authorized by HARMONICLASS.

YOU SHOULD NOT:

• Copy, translate, modify or perform derivative works from the platform content or any part of it;
• Redistribute, sublicense, rent, publish, sell, lease, market, transfer or otherwise make your Content available to third parties;
• Reverse engineer, decompile or otherwise try to extract the source code of the Platform or any part thereof, unless this is expressly permitted or requested by applicable law.

In case of breach of any obligation related to copyright and intellectual property, the USER will be liable for damages.

9. LIMITATION OF LIABILITY - HARMONICLASS

HARMONICLASS will make every effort to provide its services,

However, it cannot be held responsible for:

• Conduct arising from the website and / or the platform, if they are affected by any type of external / internal invasion / attack, virus or failure of operation, corruption of data, data theft;
• Any defect resulting from the exclusive fault of the USER;
• Events defined in Brazilian civil legislation as an act of God or force majeure;
• By offering your credit card information, you are acknowledging and agreeing that we can keep the information in our databases as data, until you close your account.
• You agree that you will be solely responsible for paying all amounts billed. You agree that you will not provide any credit card information credit that is not in your name

In case of any problem with the website or platform, the USER must immediately contact HARMONICLASS so that it can resolve the issue as soon as possible.

The USER is aware that they are responsible for the safety of their navigation, being therefore, you expressly agree that HARMONICLASS cannot be held responsible for any damages or viruses, trojans, malware, spyware or any software that may damage, change settings or infiltrate USER equipment as a result of access, use or navigation on the internet, or even as a consequence of transfer of any data and/or information.

10. TERMINATION OF THE CONTRACT

HARMONICLASS may terminate your account and prevent access at any time in case any violation of these Terms of Service or Privacy. In these cases, no fee or expense will be refundable.

In the event that the USER's conduct capable of terminating the contract, causes damage to the HARMONICLASS, such will be determined and the damages caused should be compensated by you, USER.

11. MODIFICATIONS OF THIS TERM

This Term may, at any time, have its content, or part of it, modified for adjustments and insertions, all with a view to improve services made available. At the beginning of this document, the USER will be able to view the date of the last update of the Terms of Service.

12. COMMUNICATION CHANNEL

In order to establish contact between HARMONICLASS and the USER, the e-mail address is: support@harmoniclass.com, being sure that the USER is obliged, likewise, to keep its electronic address on the platform updated, since through it, any pertinent communications will be made.

13. DATA PROTECTION

HARMONICLASS will process and use the USERS data obtained and necessary for the provision of services. The protection of USERS data will apply the following HARMONICLASS privacy policy rules.

The HARMONICLASS platform will take all possible measures to maintain the confidentiality and security described in this clause, but will not answer for prejudice that may be derived from the breach of these measures by third party use, public networks or the internet to access USER information.

14. GENERAL PROVISIONS

In the event that any of the provisions of this contract is considered to be contrary to Brazilian law, the remaining unaffected provisions will remain in force and the parties shall modify this instrument in order to adapt it to that law.

The tolerance of any failure to comply with any conditions of these Terms of

Service will not constitute waiver or novation nor will it prevent HARMONICLASS from requiring these conditions at any time

These Terms are also available in English. Any terms and translated expressions may have different meanings than those contained in the original (Portuguese) version, but should always be interpreted based on the principles and precepts of Brazilian legislation.

15. CONFLICT SOLUTION

Arbitration Clause - The Parties freely agree with each other supported by Law 9.307 / 96, that any disputes, litigations or conflicts arising from this contract, or referring to it, will be resolved by arbitration, the be managed by the Association's Mediation and Arbitration Chamber Comercial do Paraná (Arbitac), conducted in accordance with its regulations in force on the date of the request for.

Arbitration Court - The arbitral tribunal will consist of 3 (three) arbitrators. O claimant must indicate 01 (one) arbitrator in the Arbitration Request and the Respondent shall appoint 1 (one) arbitrator in response to the Arbitration Request, within a period not exceeding 45 (forty-five) days from the receipt of the Arbitration Request. The arbitrators appointed by the parties will indicate the 3rd (third) member within 30 (thirty) days from the response to the Arbitration Request. If the Parties do not make the nominations or do not comply with the deadlines established in this Clause, ARBITAC will do what is necessary.

The referees must speak and write the Portuguese language fluently and must have experience in the Laws of the Federative Republic of Brazil.

When the value of the dispute under discussion is equal to or less than R $ 500,000.00 (five hundred thousand Reals), the parties agree to apply the Regulation of Arbitac Expedited Arbitration, where the dispute will be settled by a single referee.

Venue and Applicable Law of Arbitration - The arbitration will be based in the City of Curitiba and Paraná State, will be conducted in Portuguese, with applicable legislation and the equity solution is prohibited.

Notifications and Communications - For the purposes of notification, service or information of any of the parties, according to the Arbitac Regulation, the parties make available their respective electronic addresses.

Jurisdiction - Without prejudice to the election of arbitration as a way of solving the disputes arising from this contract, the parties reserve the right to seek jurisdiction protection to:

Enforce the application of arbitration;

• Obtain preliminary injunctions to safeguard your rights before the constitution of the arbitral tribunal, which will be submitted for confirmation or revocation by the arbitral tribunal once constituted;
• Execute any decision by the arbitrators, including the arbitration award;
• To comply with obligations that immediately imply specific execution, thus understood the execution actions for a certain amount and of obligations to do or not to do provided for in this contract, which constitutes title extrajudicial executive under the Brazilian Civil Procedure Code.
• Should any party resort to judicial protection as provided for in this clause, the Curitiba / PR District Court will be competent.

Costs - The usual arbitration charges will be advanced in proportion to half for each part, which must be repaid (together with all other costs and expenses incurred as a result of the arbitration) to the winner of the arbitration, by the losing party, who will also be responsible for succumbence fees to be fixed by the arbitral tribunal in the sentence.

Confidentiality - It is the intention of the Parties that all procedures and all documents and statements provided for in this Term are considered confidential information, and each arbitrator when consenting to act in the procedure will be considered to have complied with the confidentiality provisions contained in this contract.