Terms and Conditions of Use

CLUBE UTUA


PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY, AS YOUR USE OF
THE APP DEMONSTRATES YOUR AGREEMENT WITH THESE TERMS

Clube Utua (“App” or “Clube UTUA” or “Club”)
https://clubeutua.com/, is a financial education platform
developed and operated by NEXUS INTERNATIONAL VENTURES BRASIL LTDA,
a private legal entity, enrolled with the Brazilian Corporate Taxpayer
Registry (CNPJ) under No. 65.836.872/0001-30, headquartered at Av.
Afonso Pena, No. 3351, Room 1101NIV, Bairro Serra, Belo Horizonte/MG,
CEP 30.130-008.

This is an online financial education tool that rewards members for
participating in sweepstakes promoted by the platform. By linking rewards
to the reading of daily articles, Clube Utua gives users the opportunity
to learn about personal finance while accumulating points that can be
used to enter sweepstakes held on the platform.

These Terms and Conditions of Use are available to the user at any time
at: https://utua.com.br/termos-de-uso/, and apply together with the
provisions of the Privacy Policy, available at:
https://utua.com.br/politica-de-privacidade/, as well as applicable law.

These ‘Terms and Conditions of Use’ are intended to inform every user of
their responsibilities, duties, and obligations when accessing and/or
using the Clube Utua app, as described in the items below.

By browsing our app, the user confirms that they have read, understood,
and agree to these ‘Terms and Conditions of Use,’ acknowledging that the
provisions herein govern the relationship between the Club and the
user/you. If you do not agree with all of the following terms, you may
not use or access the platform.

1. THE ‘CLUBE UTUA’ APP

Clube Utua is an app that offers daily content to help users better
manage their financial life. By interacting with this material,
members/users accumulate points that can be exchanged for lucky numbers
to enter cash-prize sweepstakes.

Through a free registration, the user signs up for the app. Afterward,
articles on personal finance, economics, and financial planning are made
available, written in a clear and objective manner. In this way, by
reading the articles, users accumulate points, which can be exchanged
for lucky numbers that, in turn, allow participation in sweepstakes held
by Clube Utua.

To register on the platform, the Club may ask the user a few questions
and request certain information in order to be able to offer its
services.

2. EQUIPMENT NEEDED TO ACCESS THE APP

It is the user’s sole responsibility to have the equipment (computer,
smartphone, tablet) and software (browser) necessary to browse the Clube
Utua platform. It is also the user’s responsibility to provide adequate
internet resources (such as a connection), without exception, as well as
to keep their computer environment secure, using available tools such as
antivirus and firewall software, among others, kept up to date, in order
to help prevent electronic risks.

3. ACCESS TO AND USE OF THE ‘CLUBE UTUA’ APP

Clube Utua requires prior registration/sign-up by the User in order to
use its services.

To use the services offered by the Club, you must be at least 18
(eighteen) years old. Accordingly, by accessing the app and accepting
these Terms and Conditions of Use, as well as the Privacy Policy, the
user declares that they are over 18 (eighteen) years of age, and are
fully responsible for that declaration.

Furthermore, by accessing and using the app, you declare and warrant
that:

(i) all information, personal or otherwise, submitted by you is
true and accurate;

(ii) you will maintain the accuracy of any information provided;

(iii) you will update your data whenever necessary, especially
your contact information;

(iv) you will not submit any personal information if you are under
18 years of age.

If any information provided by the user is false, incorrect, outdated,
or incomplete, or if Clube Utua has sufficient reason to suspect that
such information is false, incorrect, outdated, or incomplete, Clube
Utua shall have the right to immediately suspend or cancel, without
notice, the user’s access and to refuse any and all present or future
use of the services, or part thereof.

By accepting the terms of these Terms and Conditions of Use, the
user acknowledges and agrees that their data will be collected, used,
and processed, including, but not limited to, the following categories:

  • (i) Registration data: name, phone number, e-mail, CPF (Brazilian
    taxpayer ID), date of birth, full address, gender, RG (ID number and
    issuing details), full name of father and mother;
  • (ii) Data regarding the intended transaction;
  • (iii) Employment-related data: information about current or previous
    formal (registered) employment within the last five years; information
    about partial or total FGTS (severance fund) withdrawals; existence of
    a balance greater than R$ 400.00 in the linked FGTS account; bank,
    account, and branch designated to receive the loan;
  • (iv) Social security benefit data: profile (retiree, pensioner, public
    servant, military personnel, among others); type of benefit
    (retirement, pension, etc.); benefit amount; benefit enrollment
    number; state, bank, account, and branch of receipt;
  • (v) Data regarding possible loan collateral: existence of a vehicle or
    property in the user’s name; estimated value of the asset; address of
    the property offered as collateral; status of the CPF (whether flagged
    for default);
  • (vi) Data queried from regulated databases: SCR (Central Bank Credit
    Information System), positive credit registry, and Open Finance.

Data processing shall follow the guidelines of the Brazilian General
Data Protection Law – LGPD (Law No. 13,709/2018), as well as the
provisions set forth in the platform’s Privacy Policy.

4. CLUBE UTUA’S SAFEGUARDS

Content provided:

Clube Utua will use its best efforts to keep the information on this app
as up to date, complete, and accurate as possible. To this end, it will
seek to correct any inaccuracies or omissions in the information as
quickly as possible.

App availability:

Clube Utua seeks to ensure that the information provided is accurate,
complete, and current, and that use of the tool is free of interruptions
or errors. However, we cannot guarantee that the app will operate at all
times, since this depends on services provided by third parties, such as
telecommunications companies and internet service providers. In
addition, we will suspend use of and access to the app in the event of
force majeure or unforeseeable circumstances, such as cyberattacks or
other events that could harm the app’s functionality and put users’
information at risk.

User privacy:

Although the website environment is subject to monitoring for security
purposes, Clube Utua will not disclose its users’ private information
without prior authorization, except by court order or as required by
law.

Clube Utua fully complies with Brazilian data protection regulations,
processing its users’ data with full responsibility and only in the
circumstances permitted by the General Data Protection Law and related
legislation. For more information, please consult Clube Utua’s Privacy
Policy: https://utua.com.br/politica-de-privacidade/.

For users’ security:

The Club does not request passwords, credit card details, or other bank
information from its customers by e-mail, phone, or any other
personalized customer service channel. Therefore, if you receive any
communication of this type and nature, do not respond, disregard it,
and, if possible, report it to compliance@nexusiv.org. Clube Utua
is actively engaged in combating electronic fraud and relies on its
users’ awareness to practice safe browsing on the Internet.

5. CLUBE UTUA SERVICES

Clube Utua is an online platform that may be used upon the user
providing their full name, CPF, e-mail, and contact phone number, as
well as accepting these Terms and Conditions of Use, the Privacy Policy,
and the Rules governing the sweepstakes held for users registered in
this database.

Clube Utua is an online platform that may be accessed upon the user
providing their full name, CPF, e-mail, and contact phone number, as
well as accepting these Terms and Conditions of Use, the Privacy Policy,
and the Sweepstakes Rules, applicable to users registered in our
database.

Clube Utua’s goal is to offer a free and rewarding financial education
experience through a combination of services that include:

  • (i) daily content on personal finance;
  • (ii) accumulation of points by reading such content;
  • (iii) participation in sweepstakes; and
  • (iv) access to a benefit, among other perks.

5.1 HOW THE SWEEPSTAKES AND REGISTRATION DATA WORK

The Clube Utua platform does not sell sweepstakes tickets. The model
adopted consists of offering points accumulated through reading content
and interacting with the platform. These points can be exchanged for
tickets that grant the user the right to participate in the sweepstakes
offered by the platform, in accordance with applicable law.

Currently, the sweepstakes work as follows:

  • The user accumulates points by interacting with the platform’s content
    (reading, answering questions, etc.).
  • Accumulated points can be exchanged for sweepstakes tickets, visible
    to the user after conversion.

Important: For a prize payment to be processed in the event of a
win, the user must correctly register their bank details on the
platform. This information is required by the partner company
responsible for handling the insurance and disbursing the funds,
currently CAPEMISA Seguradora.

In respect of the privacy and security of personal data, the bank
details provided will be stored securely and used solely for the purpose
of processing prize payments. If the same user wins on future occasions,
the platform may reuse this previously provided information, making the
process easier and avoiding the need for new registration.

Data processing fully follows the guidelines of the Brazilian General
Data Protection Law – LGPD (Law No. 13,709/2018), as detailed in the
platform’s Privacy Policy, which should be read together with this Term.

6. PROHIBITIONS AND USER RESPONSIBILITIES

The user is prohibited from, among other things:

(i) violating any municipal, national, or international law that is
incorporated into Brazilian law or that, for any legal reason, must be
applied in Brazil;

(ii) engaging in acts contrary to morals and good conduct;

(iii) assuming the identity of another individual or legal entity;

(iv) uploading, transmitting, disclosing, displaying, sending, or
otherwise making available any content that is unlawful, including, but
not limited to, content that is offensive to the honor and privacy of
third parties, pornographic, obscene, defamatory or slanderous, vulgar,
prejudiced, racist, discriminatory, that promotes crime, or that is
otherwise objectionable, or that could give rise to any civil or
criminal liability under the law;

(v) uploading, transmitting, disclosing, displaying, sending, or
otherwise making available any content that violates the rights of
third parties, including Intellectual Property Rights;

(vi) uploading, transmitting, disclosing, displaying, sending, or
otherwise making available any type of advertisement, promotion, or
promotional material not requested or not authorized by Clube Utua,
such as unsolicited messages or bulk messages (known as “junk mail” or
“spam”);

(vii) uploading, transmitting, disclosing, displaying, sending, or
otherwise making available any content that contains viruses or any
other code, file, or computer program intended to disrupt, destroy, or
limit the functionality of any software, hardware, or equipment;

(viii) violating the confidentiality and privacy rights of third parties;

(ix) using anonymizing tools or proxies for the purpose of making your
IP (internet protocol) address anonymous.

User Responsibilities:

Clube Utua is not responsible for any virus, malware, spyware, trojan,
or other software that may damage or alter the settings of Users’
equipment as a result of browsing or using the internet, or as a result
of transferring data, text, images, files, or audio.

Users are fully responsible for keeping their equipment’s operating
system up to date and equipped with antivirus software.

The Club shall not be held liable for technical and/or operational
defects arising from the system or from information provided by the
user or third parties.

7. INTELLECTUAL PROPERTY

Clube Utua’s rights:

The content and any other text, graphics, images, photos, illustrations,
trademarks, trade names, service marks, logos, information, source
code, layouts, domain names, software, know-how, and other materials
available on the Clube Utua app are all protected by intellectual
property rights.

All Intellectual Property Rights present on the site and exemplified
above belong to Clube Utua or are licensed to Clube Utua. Commercial
exploitation, transmission, disclosure, modification, reproduction,
copying, or any other form of commercial use of such content by the
user is strictly prohibited.

Reproduction of content for personal use

Reproduction of any content from the app is prohibited, except where
intended solely for the user’s personal use. Under no circumstances
shall the user acquire any Intellectual Property Right over such
content.

In the event of a violation by the user of any of Clube Utua’s
Intellectual Property Rights, the user assumes any and all civil and/or
criminal liability arising from such violation.

User-generated content

By agreeing to this policy, the user also authorizes Clube Utua to use,
copy, reproduce, make available, transmit, share, translate into other
languages, and incorporate into other materials (including, but not
limited to, the app, videos, and advertising materials) for any purpose,
including commercial, advertising, and institutional purposes, any
statements, testimonials, or comments related to the App.

8. TERM

These Terms and Conditions of Use shall remain in full force and
effect for as long as: (i) the services are made available on the app
and have not been replaced by other Terms and Conditions of Use; (ii)
the user is accessing the Club; and (iii) the user remains linked to the
club as a member, even if inactive for an extended period.

The user may request the removal of their registration data and end
their participation in Clube Utua at any time, for any reason, by
sending a request to the e-mail address indicated in the Club’s Privacy
Policy.

9. INDEMNIFICATION

You agree to indemnify, defend, and hold Clube Utua and its respective
directors, agents, partners, service providers, and employees harmless
from any loss, liability, lawsuit, or claim, including attorneys’ fees,
arising out of or resulting from the use of or access to the app or a
violation of these Terms of Use or the Privacy Policy.

You further agree to indemnify, defend, and hold the Club and its
respective directors, agents, partners, and employees harmless from any
loss, liability, lawsuit, or claim, including attorneys’ fees, arising
out of or resulting from failures in the user’s equipment, as well as
the improper use of the app’s information or materials.

10. NOTICES

All notices to Clube Utua must be made in writing, to the e-mail
compliance@nexusiv.org. The Club may send notices or messages to
inform the user of changes to the App, these Terms of Use, or the
Privacy Policy, among other relevant matters.

11. COMMUNICATIONS

By accepting these Terms and Conditions of Use, the user
authorizes Clube Utua to communicate with them through any electronic
means, such as mobile phone, SMS/text message, WhatsApp, e-mail, as well
as through customer service (SAC), and physical mail.

12. GOVERNING LAW AND JURISDICTION

These Terms and Conditions of Use shall be read and interpreted
together with Clube Utua’s Privacy Policy, and both are governed by the
laws in force in the Federative Republic of Brazil, in particular the
Federal Constitution, the Civil Code, the Consumer Protection Code, the
Brazilian Internet Civil Framework Law, and the General Data Protection
Law.

All matters relating to the interpretation, performance, or any other
questions related to these Terms and the Privacy Policy shall be
submitted to the courts of the Judicial District of Belo Horizonte,
State of Minas Gerais.

13. GENERAL PROVISIONS

If any provision of these Terms and Conditions of Use is held to
be invalid or unenforceable, that provision shall be voided and the
remaining provisions shall remain in effect.

Clube Utua’s failure to act with respect to any breach by the user or
others of these Terms and Conditions of Use shall not constitute
a waiver of the Club’s right to act with respect to subsequent or
similar breaches.

Clube Utua may amend these Terms and Conditions of Use at any
time, at its sole discretion, by publishing an updated version of the
terms and conditions of use. We recommend that every time you access
the Clube Utua app, you review any new updates, as your access to and
use of the app will be governed by any changes to these Terms and
Conditions of Use.

14. CONTACT CHANNELS

Should you have any questions regarding these Terms and Conditions
of Use, please contact UTUA by e-mail at
compliance@nexusiv.org.

The User has this communication channel available to resolve any
questions, address any issues, and submit complaints or other feedback
regarding the products/services offered by Clube Utua.