Terms of Use and Membership

This End User License AGREEMENT (“EULA”) is a legal agreement between the licensor,
called ETHOS CONSULTORES LTDA – EPP, CNPJ: 20.858.457/0001-49, with headquarters
at Travessa Lopes Bahia, nº 78, Apartment 202, Bairro Centro, São João Del Rei – MG, CEP:
36300-066, herein called CONTRACTOR or LICENSOR and the legal entity that
accepts this term, herein called CONTRACTOR or LICENSEE, for the use of
online training platform, here called SOFTWARE. In case of disagreement
with the terms presented here, the use of the SOFTWARE must be immediately
interrupted by the LICENSEE.
OF THE OBJECT
CLAUSE 1. The purposes of this contract are the use of the online education platform
distance, here called SOFTWARE, through the website https://ead.ethosconsultores.com.br
or https://ead.ethosvirtual.com,.
CLAUSE 2. The platform will offer courses authored by
CONTRACTED in strict compliance with the terms listed in the COURSES item
SUPPLIED, present in this contract.
CLAUSE 3. The platform will have the possibility of adding courses created by
CONTRACTING PARTY to be made available to its employees registered on the platform, to
Therefore, the terms described in OWN COURSES must be respected.
REGISTRATION ON THE PLATFORM
CLAUSE 4. To participate in the platform offered by the CONTRACTOR, the
CONTRACTOR must complete the information registration and will automatically be
adhering to and agreeing to be fully bound by the terms and conditions of this
CONTRACT.
Paragraph 1 – Once registration has been completed on the CONTRACTED PARTY’s platform by the
CONTRACTING PARTY this Agreement will take effect.
Paragraph 2 – Upon completion of registration, the CONTRACTOR expressly declares the veracity
of all information provided, and may be held civilly and criminally liable, for
ideological falsehood, according to art. 299 of the Brazilian Penal Code.
Paragraph 3 – The CONTRACTED PARTY may also deny or cancel the registration if any
information presented is irregular, insufficient or false, or even be identified by
any indication of fraud or irregularity in the registration.
Paragraph 4 – The CONTRACTOR must immediately notify the CONTRACTOR,
via email [email protected], any registration changes made
necessary.
Paragraph 5 – The CONTRACTING PARTY may, at any time, cancel their registration with
CONTRACTED PARTY’s platform, as long as it does so upon request sent via email
[email protected], in which case your registration will be deleted, together with all
stored information without the possibility of recovery; and more, the cancellation of the
registration will not generate a refund of the value of the billing invoice already issued and forwarded.
COURSES PROVIDED
CLAUSE 5. The CONTRACTED PARTY may provide courses of its own in the purchased plans
authorship, and these are made available in the CONTRACTING PARTY’s environment, which may or may not
use.
Paragraph 1 – The courses are entirely carried out in a virtual environment, not including
face-to-face content/classes.
Paragraph 2 – The contents are validated and attested by the CONTRACTED PARTY’s team, in case
of disagreement with any item exposed in the training, it is not up to the CONTRACTOR to make
no type of adjustment and yes, the CONTRACTING PARTY, stops using the course in which it disagrees
any point.
Paragraph 3 – The CONTRACTOR, without prior notice, may remove or add new classes
or content to the courses available, with no prior notice or any type of
notification.
OWN COURSES
CLAUSE 6. The CONTRACTING PARTY may create its own courses or make materials available
of any type on the platform, as long as the criteria are met, as follows.
Paragraph 1 – The CONTRACTOR has no responsibility for the courses created
and made available, whether due to its formatting or content.
Paragraph 2 – The CONTRACTING PARTY must respect the limit designated for storage of
your videos, being able to use up to 10 (ten) GB (gigabytes) or, if agreed with the
CONTRACTOR, add more space through commercial agreement.
Paragraph 3 – The CONTRACTING PARTY may not use the space to add any type of
of inappropriate content, as qualified by legislation, but we explicitly mention here
pornographic content, pedophilia, of a discriminatory nature.
Paragraph 4 – The CONTRACTING PARTY may not use third party content without its
authorization or content that does not comply with copyright laws, being your
full responsibility for any of these infractions.
THE CONTRACTOR’S OBLIGATIONS
CLÁUSULA 7ª. The CONTRACTED PARTY’s obligations are:
Paragraph 1 – Make the platform available to users added by the CONTRACTING PARTY,
via the internet, using a login and specific access password and according to the criteria of the chosen plan
by the CONTRACTING PARTY, as provided for in this contract.
Paragraph 2 – The CONTRACTOR, through the basic plan, will offer the CONTRACTOR, the
courses in “Information Security” and “Privacy and Data Protection”; being able to
CONTRACTOR join other plans and have access to other courses to be offered by
CONTRACTED.
Paragraph 3 – Administratively and academically coordinate the courses offered on the platform,
ensuring its quality and compliance with distance education methodologies.
Paragraph 4 – Allow the CONTRACTOR after completion of the contracted course (with
grade achieved in the final assessment being higher than the minimum grade for approval), you can request the
issuance and validation of the participation certificate.
Paragraph 5 – The CONTRACTED PARTY is responsible for maintaining partnerships with companies that can provide high
availability of the environment for access as well as data storage.
THE CONTRACTING PARTY’S OBLIGATIONS
CLAUSE 8. The CONTRACTOR’s obligations are:
Paragraph 1 – Comply with the requirements required to take the Course and pay the amount
corresponding in the form, condition and deadlines stipulated in the information contained in the
registration and on the CONTRACTED PARTY’s website.
Paragraph 2 – Keep your registration data updated and with truthful information, as well as
ensure the confidentiality of your password and login, so as not to allow sharing of
same.
Paragraph 3 – Honor the commitments and deadlines assumed when accepting this contract.
Paragraph 4 – Observe the rules for publishing your own courses, as described
previously in this contract.
Paragraph 5 – Be responsible for the correct registration of its employees, with truthful and
for issuing certificates, after approval.
Paragraph 6 – Carry out the entire process of disclosing access and management of its users in the
plataform.
EXCLUSION OF WARRANTIES AND LIABILITIES
CLAUSE 9. The CONTRACTING PARTY, when using the CONTRACTED PARTY’s system to register the
own courses/training of employees will be responsible for all content to be
be provided, exempting the CONTRACTOR from any responsibility for this data and
contents.
CLAUSE 10. The CONTRACTING PARTY is responsible for registering its
employees on the CONTRACTED PARTY’s platform, as well as linking positions
to the courses offered.
CLAUSE 11. In no case may the CONTRACTOR be held responsible for the
leakage or misuse of information registered by the CONTRACTOR.
PLATFORM INFRINGEMENT
CLAUSE 12. The CONTRACTOR may not use any hardware device,
software, or other resource that may interfere with the collaboration platform, or its bases
of data.
Paragraph 1 – If any type of fraud, artifice or other form of fraud is detected in the
use of the registration system, the CONTRACTED PARTY may delete the user’s account from
involved in any way.
Paragraph 2 – Any invasion, attempt or activity that violates or contradicts the prohibitions herein
stipulated will make the person responsible subject to the relevant legal actions, as well as sanctions
provided for herein, and is also responsible for compensation and repairs for any damages
caused.
VALUES, CONTRACT TIME AND ADJUSTMENTS
CLAUSE 13. The CONTRACTOR is responsible for the chosen payment plan, as well as
such as the number of employees provided at the time of hiring.
Paragraph 1 – When registering more users on the platform, it will automatically identify the
limits of the plans offered and will generate an additional charge, according to the table in force on the date
in which to exceed the registration.
CLAUSE 14. This AGREEMENT has no fixed term and will be renewed
automatically according to the chosen plan, monthly or annually.
Paragraph 1 – The CONTRACTING PARTY may, at any time, cancel their registration with
CONTRACTED PARTY’s platform, as long as it does so upon request sent via email
[email protected], in which case your registration will be deleted, together with all
stored information without the possibility of recovery; and more, the cancellation of the
registration will not generate a refund of the value of the billing invoice already issued and forwarded.
CLAUSE 15. The values of the plans offered may be updated by the IPCA index
(Broad Consumer Price Index), when it is positive, otherwise there is no adjustment
of values.
Paragraph 1 – For contracts on the annual plan, the value will be calculated using the adjustment index
stipulated and the charge will be made in 1 (one) installment, according to the annual plan.
Paragraph 2 – For contracts on a monthly plan, the value will be calculated using the adjustment index
stipulated and the charge will be made in 12 (twelve) installments, according to the monthly plan.
CONTENT AND INTELLECTUAL PROPERTY RIGHTS
CLAUSE 16. The parties must respect the intellectual property rights of third parties;
and all brands, commercial names and distinctive signs of any kind present
on the collaboration platform, including its own brands and designations, are owned by
their respective right holders.
Single paragraph. To use any of these rights, authorization is required.
expressed by its holders.
CLAUSE 17. The CONTRACTOR acknowledges and declares that the interactions proposed for
be used in the services provided by the CONTRACTED PARTY are of its exclusive creation,
not constituting infringement of copyrights, brands, secrets, personality rights,
including, but not limited to, honor, intimacy, private life and the image of people, rights
property and any other rights of third parties.
Sole paragraph – THE CONTRACTOR expressly authorizes the disclosure and use of its
brand, commercial name, individual name, as well as distinctive signs of any kind in the
website https://ead.ethosconsultores.com.br/ and https://www.ethosvirtual.com, on the official profiles of
CONTRACTOR, on social media and in advertising pieces, respecting the provisions of paragraph
unique from the previous article. The CONTRACTOR also authorizes the CONTRACTOR to disclose
your registration information to event sponsors and its commercial partners.
CLAUSE 18. The CONTRACTOR refrains from reproducing, in any form, the
material(s) of the course(s), under penalty of responding, civilly and criminally, before the
CONTRACTOR and third parties, in accordance with Law No. 9,610, of February 19, 1998, as well as
of Law No. 9,609, of February 19, 1998, for violation of the copyright of the material in the
course, as well as violation of intellectual property, and the use of these must be made
exclusively in the CONTRACTOR’s own and private sphere.
GENERAL PROVISIONS
CLAUSE 19. The CONTRACTED PARTY is not responsible for any problems arising
interruption of services from the CONTRACTING PARTY’s internet access provider, nor by
interruption of services in cases of lack of electricity supply to the power system
your access provider, failures in transmission or routing systems when accessing the internet,
incompatibility of users’ systems with those of the access provider or any action of
third parties that prevent the provision of services resulting from unforeseeable circumstances or force majeure
listed in the Brazilian Civil Code.
CLAUSE 20. The omitted cases in this contract will be resolved by the Management of
CONTRACTED.
CLAUSE 21. The CONTRACTOR declares and guarantees for all legal purposes:
Paragraph 1 – Have the legal capacity to enter into and respect this Agreement and use the
services subject to this Agreement.
Paragraph 2 – Recognize that this Agreement is formalized, binding the parties, with the
electronic acceptance of the same by the CONTRACTING PARTY, which will be done by clicking the button
I ACCEPT, and/or when registering for this course, as already mentioned.
Paragraph 3 – The CONTRACTOR is in full agreement with all terms and conditions of this
Contract.
CLAUSE 22. The relationship between the parties will be governed by the Laws of the Federative Republic
of Brazil, without regard to any provision on conflict of laws. The parties elect, to
resolve any issue arising from this contract, the court of the city of São João del-Rei/MG,
with express renunciation of any other, however privileged it may be.