By this User Term of Use, SPOTEN LLC., limited company based in 6620 NW 105h Ct, Doral, FL – 33178, registered under number (EIN) 85-1922575, establishes the terms and conditions that will govern the relationship between Spoten and the user(s) (“Users”) of your Spoten” application (“Application”), website www.spoten.app/en/spoten-box (“Website”) and related services. The Spoten will have the right, at any time and in its sole discretion, to modify, alter, add or remove any guideline or clause contained in this Term of Use or any related document, without the need for any form of prior notice to Users. Users must access the Terms of Use on the Website (available at: https://spoten.app/terms-of-service) frequently, to become aware of any changes or modifications to the aforementioned Term of Use, to which they are obliged. The use of the Website, Application or services by the User after any changes to the Terms of Use consists of a tacit acceptance of the new version of the Term of Use. If the User chooses to stop using the Service after the publication of a new Term of Use on the Website, the User must immediately send an email to the address: contact@spoten.app) to Spoten informing about the cancellation of his registration. If the User does not agree with and does not want to be bound by this Term of Use (or its future versions), the User must not use or access (or continue to use or access) the Website, the Application or the services. It is the exclusive responsibility of the User to access the Website and check if new changes have been made to the Terms of Use, no notification from Spoten being necessary for this purpose. The User will also be bound by any additional terms of use related to the Website, Application or any related services, as applicable on a case-by-case basis, including, without limitation, Spoten's Privacy Policy (available at: https://spoten.app/en/privacy-policy). All such terms and conditions are an integral part of this Term of Use. The User declares that he has read and understood this Term of Use and the Privacy Policy of Spoten , as well as all other pertinent documents and attachments, and is in agreement with all the terms and conditions set forth therein.

1. SPOTEN BOX

1.1. The Spoten Box is a creation of SPOTEN, which motivated the consequences overwhelming s of Pandemic COVID-19, identified the need to act in order to help small and medium enterprises to cross the serious crisis that has developed since the beginning of 2020.              

1.2. With this purpose, it created the MARKETING CAMPAIGN by which it registers, free of charge and for a fee, products and services provided by small and medium-sized companies, of a determined community or territorial area, in order to distribute such products and services in an especially cheaper way, in addition to serving as an advertising and marketing tool, a form of access to countless individuals and companies.

1.3. Price formation, composition of Spoten Box items, choice of community or territorial area, are carried out carefully and under the exclusive choice of SPOTEN, which will be concerned with the most important details of the campaign in order to efficiently achieve the intended results.

1.4. SPOTEN reserves the right, from time to time, to change, add, supplement, supplement or migrate the segmentation of marketing campaigns, however, it will always maintain the primary interest and purpose of helping small and medium entrepreneurs in their respective areas and areas of operation.              

1.5. As of now, and as will be detailed below, SPOTEN clarifies that it is not responsible for the creation, elaboration, production or industrialization of any product, nor for the provision of any services, which may be distributed through the Spoten Box, since, as elucidated above, it proposes only to enlist such items from small and medium-sized companies, which, in fact, are exclusively responsible for the products and services within its jurisdiction.

2. USER registration

2.1. The User is obliged to register with SPOTEN in order to access and use certain aspects of the Service, Website and/or Application ("Registration"). The User undertakes to only provide and maintain true, accurate, current and complete information in the Register, as required by SPOTEN , the Service, the Website and/or the Application ("Information"). The use of this Information, as well as the other information provided by the User at any time to SPOTEN , is regulated by the SPOTEN Privacy Policy . The User declares that he will not provide Information about e-mail addresses and telephone numbers that are not owned by him. The Registration will necessarily have the User's Full Name, User's E-mail Address and Physical Address.

2.2. In order for SPOTEN to always maintain a safe environment for its Users, it is the user's obligation to maintain the confidentiality of his password and account, and he is exclusively responsible for any and all activities carried out on his account and/or with his password, as applicable. The User undertakes to (i) notify SPOTEN immediately of any unauthorized use of his account and/or password, as applicable, or of any breach of security related to the Services, account and/or password; and ( ii ) log out of your account and log off after the end of each session to access the Website, Application or Services. The SPOTEN is not liable for any losses, damages and damages that may arising out of non-compliance with this clause by the User.

2.3. The User Registration may be carried out, in whole or in part, through third party services, websites or applications (such as Facebook Connect or Google Connect) and the User may integrate the SPOTEN Service, Website and/or Application with such services, websites or third party applications (“Third Party Services”). By enabling such Third Party Services, the User authorizes SPOTEN to share and send all User information (including Registration, login and password information) to such third parties. The ways in which such third parties use, store, share and disclose such User information are determined solely by the privacy policies, terms of use and analogues of these third parties and SPOTEN is not responsible for the privacy policies or uses that such third parties and/or the Third Party Services may make such User information, with or without connection to the SPOTEN Service, Website or Application . The SPOTEN is not responsible for the accuracy, availability or quality of any information, content, data, opinions, note, report or communication made available by such third parties and/or the Third Party Services. The SPOTEN is not responsible for any loss or damage arising or allegedly arising from the use or in connection with the use of such Third Party Services. The SPOTEN does not recommend the use of such Third Party Services, and enables the use of such Third Party Services for the mere convenience of users, the use of own risk.

2.4. The Service includes some aspects that may be accessed via cell phone or similar device, including the possibility of (i) uploading information to the Service, ( ii ) accessing the Service, ( iii ) accessing certain features of the Service through of the Application downloaded and installed on the cell phone or similar device (collectively, “Mobile Services”). If the User accesses the Service via cell phone or similar device, the internet tariffs, data package and other costs related to the referred user's telephone operator may apply. In addition, the User's telephone operator may impose restrictions on the download and installation of the Application by the User, and some Mobile Services may not work with some telephone operators or on some devices. By using the Mobile Services, the User agrees and accepts that SPOTEN and the Merchants may contact the User through instant messaging, SMS, MMS, text messages or any other electronic means, directly on their phone cell phone or similar device, and which information about the use of Mobile Services by the User can be sent to SPOTEN. If the User changes or deactivates his cell phone number, the User undertakes to immediately update his registration information with SPOTEN , including to ensure that messages relating to the User are not sent to third parties who may acquire the old number. User's cell phone.

3. RESPONSIBILITIES

3.1. The User understands and acknowledges that all information, data, texts, software, music, sounds, photographs, videos, messages and other materials (“Contents”), posted publicly or transmitted privately, are the sole responsibility of the person who transmitted them. In this way, the User declares to be exclusively responsible for all the content that he posts, sends, uploads, and/or in any other way transmits and share through the Service.

3.2. Unless otherwise expressly authorized in this Term of Use, the User agrees not to display, distribute, license, assign, publish, duplicate, copy, create derivative works, modify, sell, resell, explore, transfer or transmit for any commercial purposes , any aspect of the Service, use of the Service or access to the Service, the Website and / or the Application. The Service is exclusively for the User's personal use and cannot be used for commercial purposes.

3.3. In addition to the products contained in the Spoten Box, in their physical form, VOUCHERS are distributed, which, once redeemed, give the User products or services from the respective suppliers. All Vouchers made available by Merchants through the Service are exclusively promotional, with the validity period properly characterized and are independent of SPOTEN.  by the Responsible Merchant (“Responsible Merchant”), not by SPOTEN, being redeemable Such VOUCHERS are the property, possession and title of the responsible Merchant, and will be made available directly only in relation to the goods and/or services offered by said Responsible Merchant, which is fully responsible for the availability, quality, quantity, status, existence, legitimacy and integrity of the products and services described in the respective VOUCHER. The Responsible Merchant, and not SPOTEN, is the exclusive issuer of VOUCHERS and the goods and services related to them, being exclusively responsible for the redemption of any and all Rewards obtained by Users. The following terms and conditions also apply to VOUCHERS: (i) the frequency with which VOUCHERS can be redeemed by Users is determined exclusively by the Responsible Merchant; ( ii ) the redemption of VOUCHERS related to alcoholic beverages is the sole responsibility of the Responsible Trader and is subject to all applicable legislation, especially with regard to the minimum age for consumption; ( iii ) VOUCHERS cannot be combined with any other rewards, coupons, vouchers or any other forms of promotion, unless otherwise established by the Responsible Merchant, at its sole discretion; ( iv ) VOUCHERS cannot be redeemed in cash or used to discount any amounts owed to the Merchant Responsible for the User; (v) the User is prohibited from selling any VOUCHERS; (vi) any attempts to redeem VOUCHERS contrary to what is established in this Term of Use, or contrary to the restrictions imposed by the Responsible Merchant or by SPOTEN (including any restrictions established in relation to a specific Reward), will automatically void VOUCHER and the possibility for the User to redeem; ( vii ) the User is limited to only one VOUCHER per redemption, unless otherwise specified by the Responsible Merchant; ( viii ) Each VOUCHER has the condition, form and redemption instruction, which can be inserted in it or made available via website or application. If any requirement determined for redemption purposes is not obeyed, the User cannot demand the consideration of the Responsible Merchant. ( ix ) In the event of loss, theft, loss, or any form of disabling VOUCHER, it may not be returned or demanded in any way from the Responsible Trader or SPOTEN, so that the User is aware and agrees that he must have attention and care with the VOUCHER received.

3.4. With regard to physical products, these are produced, industrialized, made, finally, supplied by the Responsible Traders, and regimented by SPOTEN, within the Spoten Box, whose design, size and formation were carefully elaborated in order not to knead, deteriorate or spoil the products inside. The Responsible Trader is exclusively responsible for the quality, quantity, condition, existence, legitimacy and integrity of the regimented products and the User must always observe the recommendations for use, restrictions, expiration date for consumption, storage method, among all circumstances of use. or consumption of the products, so that, if you fail to respect such circumstances, the availability of which is on the products and / or websites of the Responsible Traders, you will be solely responsible for any damages or losses incurred, regardless of negligence, fault or malpractice.

4. PAYMENT

4.1. Payment options may vary according to the Spoten Box product offering, always fulfilling its role of distributing the products and services of the Responsible Merchant in an especially cheaper way.

4.2. The User is aware and agrees that the acquisition of Spoten Box will take place through the provision of a company responsible for payment management, whose administration is independent of SPOTEN, which is why it does not intervene in the results of the User's relationship with said companies, as well as disclaims any and all liability arising from the use, misuse, failures and errors in operations between Users and payment companies.

4.3. The simple act of sending payment data does not necessarily imply the acquisition of Spoten Box. The acquisition of Spoten Box will only be completed with payment confirmation by the payment company. In addition, the transaction may go through SPOTEN's risk analysis area, when possible signs of fraud are identified.

4.4. SPOTEN cannot guarantee that the services provided by the company responsible for managing payments will function free of errors, interruptions, malfunctions, delays or other imperfections. The User also agrees and acknowledges that the payment management processing depends on the fulfillment of some procedures, such as risk analysis and bank compensation, depending on the means used.

4.5. Seeking to protect transactions and ensure that it is the User who is making the purchase, in some cases, SPOTEN or the payment company may block transactions after approval, for particular reasons or fraud attempts.

4.6. The payment company responsible for managing the financial transaction may cancel the purchase, in the event of inconsistencies or fraud attempts, under its sole and exclusive responsibility.

5. INTELLECTUAL PROPERTY

5.1. The User declares to be aware that the Service, the Website and the Application may contain Content protected by copyright, intellectual property, trademark, patent and trade, or be under any other forms of legal protection. The User declares that he will not modify, copy, alter, license, assign, sell, distribute, dispose of or create works derived from the Service, the Website, the Application or the Content, in whole or in part. The User declares that he will not track or collect data, use robots or extract any digital information in relation to the Service, the Website, the Application or the Content. Any use of the Website, the Service, the Application or the Content in a manner other than that authorized in this instrument is permanently prohibited. The technologies, software, titles, rights and interests constituting and related to the Service, the Website and the Application are the property of SPOTEN , its affiliates or partners (“Software”). The User declares that he does not own and will not license, sublicense, assign or transfer any rights to the Software, nor will he copy, modify, create derivative works, perform reverse engineering processes or in any other way try to discover the source code of the Software.

5.2. The SPOTEN is the sole and exclusive holder, which owns all rights to its name and logo, which appear as trademarks under Serial number 90124960, before the U.S. Patent and Trademark Office (USPTO), as well as your domain name (www. SPOTEN.app ) and business name, as well as all the contents of the screens related to SPOTEN services , the Service, the Website and / or the Application, as well as the programs, databases, networks and files, which allow the User to access and use his account (“ SPOTEN Brands ”). Other names and logos of companies, products and services used and displayed by the Service may be the trademarks of their respective owners, who may or may not be SPOTEN's Merchants, supporters, affiliates or partners ("Third Party Brands"). Nothing in this Term of Use or the Service should be construed as an authorization or assignment of any license or right to use any of the SPOTEN Marks or Third Party Marks displayed through the Service, on the Website or in the Application.

5.3. The User declares to be aware that SPOTEN is not responsible for the contents and/or materials, including any Rewards, posted by third parties through the Service, Website and/or Application, including those posted by Merchants and Users ("Third Party Content" ), for any errors or omissions in such Third Party Content, or for any loss or damage in any way resulting from any Third Party Content.

5.4. The User declares to be aware that SPOTEN does not make any kind of prior evaluation of the Third Party Content, but that SPOTEN will have the exclusive right to refuse or remove any Third Party Content, at any time, in its sole discretion, with or without motivation .

5.5. User Content: The User is solely responsible for any and all content and/or materials posted, transmitted or shared by him through the Service, the Website and/or the Application ("User Content"). The User declares that he will not post any content that is not his own or that is not his title, right and/or property, in whole or in part, including with respect to the copyright and intellectual property of the User Content. The User hereby assigns and licenses to SPOTEN , free of charge, for the maximum period permitted by law (in force or in the future), in Brazil and in the world, the non-exclusive right to copy, display, transmit, disseminate, distribute, store , modify, alter, create derivative works or in any other way use the User Content, at any time and in its sole discretion, for any and all purposes, commercial or not, including in relation to the Service, Website and Application, or to promotion, dissemination or advertising of these, in any form, by all means and in all media or technologies, existing or that may exist.

5.6. The User acknowledges that any and all questions, suggestions, ideas, comments and other information about the Service, Website and Application sent by the User to SPOTEN are not confidential and are considered an integral part of Conte ú User of the, with licensed and assigned for all the purposes set out above, in the form and for the term set out above.

5.7. Infringement of Copyright or Intellectual Property: If the User, in good faith, believes that any Content made available through the Service, the Website and / or the Application infringes any of the User's copyright or intellectual property, the User may send a Notification to SPOTEN requesting that the Content be removed, or blocked from access, as follows:
3901 Nw 79th Ave Suite 245 #1735 - Miami, Florida, 33166 or Email: contact@spoten.app

5.8. The Service, Website, and / or Application may contain links or other forms of access to other websites and resources on the Internet ("Links"), and such Links may even be posted by Merchants and/or Users, as applicable. The SPOTEN has no control, holds title or is responsible for such links, sites, resources and content contained therein. The User declares and is aware that SPOTEN is not responsible, directly or indirectly, for any loss or damage caused or allegedly caused by or in relation to any content, event, good or service made available by any such Links, sites or resources. The relationship between Users and / or Merchants, as well as the dealings between them, are their sole responsibility, including while using the Service, Website and / or Application, and the User declares that SPOTEN is not responsible for any losses and damages related to any of these parts, including third parties.

5.9. SPOTEN will make every possible effort to keep all User data safe and harmless, which may be used for the purpose of improving services, segmentation and efficiency studies, geographic distribution, quality research, among other aspects that are intended the improvement of the CAMPAIGN and the conditions of the Responsible Traders, given the circumstances of small and medium-sized companies aiming at post-pandemic recovery.

6. INDEMNITY

6.1. The User hereby expressly waives any right of indemnity that may exist before SPOTEN and its affiliated companies, partners, directors, employees and agents, in relation to any losses, damages, expenses, legal fees, legal or administrative proceedings, and any other types of demands related to the Service, Website and/or Application, Content, Third Party Content or User Content, User connection to the Service, Merchants and/or Responsible Merchants, as well as any other terms and conditions related to Term of Use.

6.2. THE USER EXPRESSLY DISCLAIMS THAT SPOTEN IS NOT RESPONSIBLE FOR ANY LOSSES, DAMAGES, LOST PROFITS, OR ANY COSTS INCURRED BY THE USER, INCLUDING THOSE RELATED TO THE LOSS OF DATA OR VOUCHERS , INTERRUPTION OF THE SERVICE, THE SERVICE OR THE INTERVENTION OF THE SERVICE, WHETHER BY NEGLIGENCE, IMPERIENCE, IMPRUDENCE, ERROR, DAMAGE OR GUILTY RESULTING FROM: (I) USE OR INABILITY TO USE THE SERVICE; (II) COST RELATED TO OBTAINING OR REPLACING ANY GOODS AND / OR SERVICES RESULTING FROM ANY GOODS, VOUCHERS, REWARDS, DATA, INFORMATION OR SERVICES OBTAINED OR RECEIVED THROUGH THE SERVICE, WEBSITE OR APPLICATION; (III) UNAUTHORIZED USE, CHANGES OR ACCESS OF THE USER INFORMATION, DATA, TRANSMISSIONS OR CONTENT; (IV) CONTENT OR CONDUCT OF OTHER USERS, TRADERS OR THIRD PARTIES IN CONNECTION WITH THE SERVICE, THE WEBSITE AND / OR THE APPLICATION; OR (V) ANY OTHER MATERIAL RELATED TO THE SERVICE, THE WEBSITE AND / OR THE APPLICATION. IF THE USER IS NOT SATISFIED WITH ANY ASPECT OF THE SERVICE OR THIS TERMS OF USE, HE MUST END THE USE OF THE SERVICE, THE WEBSITE AND THE APPLICATION IMMEDIATELY.

6.3. THE USER IS SOLELY RESPONSIBLE FOR THE USE OF THIS SERVICE, AND DOES IT AT YOUR SOLE RISK. The SPOTEN EXPRESSLY DISCLAIMS ANY RESPONSIBILITY AND MAKES NO WARRANTY REGARDING THE SERVICE, WEBSITE AND / OR APPLICATION, INCLUDING WITH RESPECT TO ITS OPERATION, PURPOSE AND APPLICABILITY. The SPOTEN NOT RESPONSIBLE FOR ANY INFORMATION, DATA, REWARD, PROMOTION, AND OR OFFERED BY TRADERS SERVICE OR THE ACCURACY OF SENT THROUGH THE SERVICE INFORMATION WEBSITE AND / OR SOFTWARE.

6.4. The SPOTEN not warrant that (i) the Service will meet the requirements of the User, ( ii ) the Service will be provided uninterrupted, accurate, secure and/or error-free, ( iii ) the results of the use of the Service will be accurate or and ( iv ) the products, services, information and other materials purchased by the User through the Service will be satisfactory or meet the requirements of the User.

7. TERMINATION AND SUSPENSION

7.1. The User declares and accepts that SPOTEN may, at its sole discretion, suspend or delete the User's account (or any part thereof) or any use or access to the Service, Website and / or Application by the User, with or without motivation , including due to lack of use or if SPOTEN believes that the User violated or acted inconsistently with the terms and conditions established in this Term of Use. For example, SPOTEN may terminate or suspend the user's use or access to the Service, Website and / or Application for any breach of the terms of this User Term or its attachments, disregard for applicable legislation, verification of duplicate registration, completion of new registration by User already suspended or terminated, suspected fraudulent, abusive or illegal activity, and information about the User can be forwarded to the competent legal authorities. The SPOTEN also has the right, at any time and in its sole discretion, to discontinue, suspend or terminate the provision of the Service, Website and Application, or any parts or aspects thereof without prior notice. The User declares and accepts that his / her profile, account and any and all Rewards related to said profile and account can be deleted, terminated, deleted, deactivated or suspended, temporarily or permanently, with or without prior notice, at any time, at will exclusive to SPOTEN . The User also declares that SPOTEN will not be responsible for any suspension or termination of the User's access to the Service, Website and/or Application, before the User or any third parties.

8. DISPUTES BETWEEN USERS

8.1. The User declares to be solely and exclusively responsible for his interactions with other Users, Merchants and / or third parties through the Service, Website and / or Application (or any third party service that is integrated with the Service), and the User declares that the SPOTEN will not be liable and neither will it have a duty to indemnify the Users, Merchants or third parties with respect to any interactions, posts, transmissions or actions of the User. The SPOTEN shall have the right, but not the obligation, to enter any dispute (legal, administrative, arbitration or otherwise) between the User, other Users, Traders, or any other third party in connection with the Service (or any service third party that is integrated with the Service). The SPOTEN will not be responsible nor shall have the duty to indemnify any acts or omissions of Traders / Users with respect to any information provided to or received from the User / Trader, or resulting from the interaction of traders with the User.

9. FINAL DISPOSITIONS

9.1. This Terms of Service constitutes the entire agreement between the User and SPOTEN , replacing any negotiations, contracts, agreements, terms or previously existing conditions with respect to its object, and governs the conditions under which the User shall use the Service, Website and Application. The delay or failure on the part of SPOTEN to exercise a SPOTEN right established in this Term of Use will not constitute novation, loss of the right or loss of the possibility of exercising that right. If any term or condition of this Term of Use is considered invalid, null or voidable by a competent judicial decision, the parties agree that all other terms and conditions of said Term of Use will remain valid and effective. The User further states that n ã the will file, initiate or participate in any action or proceeding (judicial, administrative, arbitration and / or of any nature) against SPOTEN with respect to the Service, the Website and / or the application after the term of 1 (one) year counted from the date on which the User became aware of the cause of said process or action, regardless of the statutory period provided for by Law, if greater than one (1) year. A printed version of this Term of Use or any notification sent electronically will be admissible in court (or before the competent administrative or arbitration authority) in the same way, measure and value as the original electronic document. The titles of the clauses of this instrument are merely illustrative and have no legal effect.

9.2. Nothing in this Term of Use establishes or should be interpreted as establishing a corporate, joint venture, labor, social security, tax, or similar relationship between the Parties, their employees, partners, affiliated companies, partners or the like.

10. PRIVACY

10.1. Details on SPOTEN's privacy policy are listed in the Privacy Policy (available at: https://spoten.app/en/privacy-policy). By using the Service, the Website and / or the Application, as well as by agreeing to this Term of Use, the User agrees to the SPOTEN Privacy Policy and declares and accepts that SPOTEN may collect and use the personal data and information of the User as outlined in the Privacy Policy.

11. JURISDICTION AND APPLICABLE LEGISLATION

11.1. This Term of Use will be governed and interpreted by the laws of the State of Florida The parties elect the Central Forum of the District of São Paulo to settle any and all issues that may exist or that may exist between them, with express waiver of any other, however privileged it may be.

12. DOUBTS AND SUGGESTIONS

12.1. Please contact SPOTEN by e-mail contact@spoten.app to clear any doubts, report violations of this Term of Use or make suggestions.