1. Preamble

GROW UP COMERCIO E SERVICO NA INTERNET LTDA, A PRIVATE LEGAL ENTITY, REGISTERED WITH THE CNPJ UNDER No. 41.624.699/0001-48, headquartered in Rio de Janeiro – RJ, sole and exclusive owner of the domain: www.instagrowup.com.br, hereinafter referred to as “GROW UP” or “Developer“, and you, individual or legal entity, hereinafter referred to as “User“”, sign this agreement, called “Terms of Use and Purchase”, which must be interpreted together with the “Privacy and Data Protection Policy Term”, documents which the User declares that he has read, understood, agrees and accepted.

2. From Grow Up’s business activity

GROW UP is a software development company that aims to boost sales of companies and individual entrepreneurs on social networks, that is, in the virtual environment.

3. From the object

3.1. When purchasing this product, GROW UP will be responsible for the availability and operation, if applicable, of the product/service purchased, highlighting that it is a subscription (monthly, quarterly, semi-annual or annual), according to item 5 of these terms.

3.2. The management of the payment made by the User is not carried out by GROW UP, given that all data pertinent to the payment, highlighted in our privacy policy, more precisely in its item 5, are processed by companies specialized in the field, which in this case are: Braip, Monetizze or Eduzz, which receive and transmit the User’s information digitally, Confidential and secure.

3.3. The credits arising from this acquisition are transferred to GROW UP by the company that processes the payment, mentioned above, minus the relevant fees.

3.4. GROW UP reserves the right to change this term at any time, without prior consultation, and at its sole discretion.

3.5. Any change or modification of these terms will be effective immediately upon publication on our website.

3.6. This Agreement integrates and shall be interpreted, together with the “Privacy Policy”, which the User declares to know and agree with its clauses and conditions.

4. From user data

4.1. By clicking on buy on the product sale page, the User will be forwarded to the checkout page of the payment manager, in which he/she must correctly fill in:

1. a) your full name;
2. b) CPF number;
3. c) valid e-mail address;
4. d) telephone number;
5. e) your credit card details (only if the purchase is via credit card)

4.2. Whenever a transaction is made, the User must inform such data. The information provided by the User at the time of purchase is defined by GROW UP, and is highlighted in the privacy policy, more precisely in its item 5.

4.3. GROW UP does not store any credit card information of its users. The truthfulness and accuracy of their personal information is the sole responsibility of the User, who may be civilly and criminally liable for any damages caused.

4.4. GROW UP is not responsible for any transactions carried out by third parties on behalf of the User, if such third party has access to such data.

4.5. The incorrect filling of their personal information by the User, such as full name, address, e-mail, telephone, may result in the delay and/or non-delivery of the product/service.

4.6. The User expressly authorizes GROW UP to keep his/her registration data in its DATABASE, and that such information is provided:

1. a) to the competent public authorities that formally request them, in accordance with Brazilian law, in particular LAW No. 12,965, OF APRIL 23, 2014 – (MARCO CIVIL DA INTERNET);
2. b) to its strategic, commercial or technical partners, in order to provide better content and/or services to the User, as well as declares that it expressly authorizes GROW UP to collect its information, for traffic analysis in order to identify user profile groups and for advertising purposes.

4.7. The data processing mentioned herein shall be interpreted in conjunction with our “PRIVACY POLICY”, available on our website.

5. Provision of the product/service by Subscription

5.1. The User declares to be aware that the product/service offered by GROW UP is contracted in the form of a subscription, monthly, quarterly, semi-annual or annual, depending on the User’s option, that is, for each period of use the User must pay the amount related to this subscription, information that is also expressly provided for on the product page.

5.2. GROW UP is solely and exclusively responsible for the delivery of the products or services marketed, which is why it stores user data so that it can guarantee access to the platforms of the products/services.

5.3. None of the products/services offered by GROW UP is physical, all of them are made available digitally, and the User must ensure that it has the minimum system and internet requirements for its correct use.

5.4. If the product is not made available due to the User’s fault, due to inaccurate information, GROW UP is exempt from fault and any damage that may occur.

6. Relationship with Users, Cancellation and Chargeback

6.1. GROW UP is responsible for the Product Support Channel. Complaints made to Support will be forwarded to the responsible sector.

6.2. All products offered by GROW UP are aimed at optimizing business activity, with the objective of increasing customer acquisition and boosting sales, within any social network or instant messaging application, which is why the User declares to be aware that the Consumer Protection Code is not applicable in the contract entered into between GROW UP and the User. since it is a relationship governed by the Civil Code.

6.3. The acquisition of any product/service by the User, even if an individual, does not remove its business and/or mercantile characteristic, that is, under no circumstances does the User fit into the condition of final recipient.

6.4. GROW UP, by mere liberality, may offer its customers the “free trial” for 07 (seven) consecutive days, being certain that, after this period, without due cancellation (item 6.5) the monthly subscription fees will be charged normally.

6.5. The request to cancel the subscription must be made directly to GROW UP, in the [email protected] email, in the contact form informed in the confirmation email received, or in the contact informed on the sales page, which will take effect immediately.

6.6. There is no pro-rata charge for the subscription, that is, if the User cancels after the expiration date of the contracted subscription plan, the full amount will be charged and the product/service will be available until the next expiration.

6.7. In the event that there is a need to refund any amount, they will occur as follows:

1. a) Transactions made by credit card will be reversed with the User’s credit card company. The deadline for posting the chargeback on the credit card statement varies depending on the card issuer.
2. b) Transactions made by bank slip will be reimbursed by transfer (TED, DOC or PIX) to the account indicated by the User, and the maximum period for chargeback and/or refund will be 07 (seven) business days.

6.8. The forms of chargeback provided for in this Term do not overlap with the forms provided for in the terms and policies of the payment managers, which the User declares to have also read and accepted at the time of finalizing the purchase of the product/service.

7. Access Blocking and Purchase Denial

7.1. The User agrees that GROW UP may, at its sole discretion, block his/her access to the products or services purchased, whenever he/she becomes aware of any indication of an act or conduct that may characterize an illegal practice, violation of the Terms of Use and Privacy Policy, or that represents an infringement of the rights of users or third parties.

7.2. The Blocking may be carried out in the event of recurrent default or not.

1. a) The cancellation of the subscription will not be carried out automatically in case of default. It is certain that there will be other attempts to invoice the amounts due.
2. b) In case of recurring default or impossibility of invoicing the amounts due, the subscription will be canceled definitively, and GROW UP will be protected from the right to collect.

7.3. The preventive blockade will be maintained, as a rule, until:

1. a) it is verified that the suspicious act or conduct did not characterize an illegal practice, based on criteria and exclusive evaluation of GROW UP;
2. (b) by court order or determination of administrative authorities. If the illegal nature of the conduct is confirmed, the preventive block will be converted into a definitive one, without generating the right to the User to refund the amounts paid.
3. c) Preventive blocking may also be carried out if: (i) the purchase is being initiated by a User who has already made more than one refund request; (i) the User has his/her name or identity linked to public or private lists intended to identify persons involved in illicit/irregular activities, or; (iii) if GROW UP verifies that the User has adopted atypical and suspicious behaviors and actions that may jeopardize the rights of other users or third parties.

8. From the general conditions:

8.1. In order to protect its users in case of suspected fraud, GROW UP may contact them to confirm their data. If the data is not confirmed, the purchase will not be approved.

8.3 The USER understands that accounts on social networks (such as Instagram and WhatsApp) can be blocked (temporarily or permanently) for a variety of reasons, with some relation to the provision of the service or not, and GROW UP is not responsible for any type of blockage or any type of damage that this may generate. The USER understands that using social networks involves risks, such as having the account banned without prior notice and justified by the company that owns the respective social network.

8.4. The USER declares to have read and agree with this entire term.