This “General Terms and Conditions of Use” is a legal agreement governed by civil law, which is signed between the LICENSEE/USER, hereinafter referred to as “LICENSEE” or User, and Guest Posts, herein represented under the terms of its articles of association, hereinafter referred to as “LICENSOR” or GUEST POSTS, sole and exclusive owner of the GUESTPOSTS Software/System/Program/Application, and the brands, names and domain associated with the GUESTPOSTS brand.
GLOSSARY:
SaaS: Software as a service, not being necessary to install the system on the user’s computer.
ONBOARDING: Oriented implementation in order to guide users about Use of The System.
USER: Designation given by the LICENSOR, here considered all legal entities or individuals, over 18 (eighteen) years of age or emancipated and fully capable of performing the acts of civil life, who hire the Software.
SYSTEM MAINTENANCE: Business Rules Code for the use of an information system by the end user in a previously defined programming language.
SYSTEM, SOFTWARE, WEBSITE, APPLICATION OR PROGRAM: It’s understood as the complete sequence of instructions to be executed by a computer, referred to below to deal with the LICENSOR’s System.
GUESTPOSTCOIN: Trading currency on Guest Posts Platform.
In case of requests, communications or complaints, the user can use our contact form.
The user agrees that, in order to have access to important information related to his account and maintain communication with GUESTPOSTS, the registered email address will be the communication channel.
1 Intent’s Statement
1.1 LICENSEE REPRESENTS IT’S AWARE ABOUT RIGHTS AND OBLIGATIONS ARISING THIS TERMS OF USE, THIS INSTRUMENT CONSTITUTING THE COMPLETE AGREEMENT BETWEEN PARTIES. YOU FURTHER REPRESENT THAT YOU HAVE READ, UNDERSTAND AND ACCEPT ALL THE TERMS AND CONDITIONS ABOUT THIS INSTRUMENT.
1.2 In this moment and ahead, the LICENCE accepts this Terms of Use, the provisions contained herein will govern the relationship between Guest Posts and LICENCE, which is why it is recommended that LICENCE print a copy of this document for future reference.
1.3 The LICENCE declares that is aware about operations that correspond to acceptance of certain options will be registered in Guest Posts Platform databases, with the date and time when the acceptance expressed by the LICENSEE, and such information may be used as evidence to acceptance like option by LICENCE, regardless of any other formality.
2 SUBJECT
2.1 Within the object about this Terms of Use about Conditions to user’s access in the System.
2.2 Upon agreement to this Terms of Use, the LICENSOR grants to LICENCE, on a temporary, non-exclusive, non-transferable basis, the entitlement to use the Software owned by it, called Guest Posts, to assist in the performance of the LICENCE’s business activities.
2.3 By purchasing any of the services made available on the Guest Posts System, the user declares to know the conditions of use, payment, receipt and terms provision’s validity services, in addition to the clauses contained in this Terms of Use.
2.4 The software’s use will be through a cloud system, as a provision of the service provided, which is composed of Infrastructure Instantiation and Onboarding for guidance on its use, in contracted product’s terms, the System being made available to the LICENCE through remote access toLICENSOR’s server.
2.5 The data collected by Guest Posts may be shared with competent judicial, administrative or governmental authorities, whenever there is a legal determination, request, request or legal order.
3 About system
3.1 The LICENSOR will provide access’ LICENCE to use the System, on a temporary basis, during the desired term.
3.2 The LICENSOR will provide the updating and maintenance’s services about the System when these are motivated by legal determinations or improvements that contemplate all users.
3.3 The System will be operated by the internet, with an approved browser and according to internet access resources’ performance and local processing, like a computer or mobile device.
3.4 Like being a cloud Software, the installation hereby contracted’s System isn’t required. Access to the Software will be via username/login and password.
3.5 The LICENSOR will promote provision about new versions, improvements’ release (“updates”), corrections and System and applications’ new versions, which may be released, provided that they contain changes, routine additions or performance improvements to all users , without cost.
3.6 The LICENSOR may make information’s use registered by the LICENCE to promote improvements in the System, within an achieving better management’s objective, production and functionalities’ improvement.
3.7 The LICENCE couldn’t be – in general – copied, assigned, sublicensed, sold, leased or guarantee, reproduced, donated, disposed, by no means, transfer in whole or in part, under any modalities, free of charge or onerous, provisionally or permanently , as well as disassemble, decompile, decrypt, pirate, emulate, explore and/or reverse engineer in any way or modify the characteristics of the SOFTWARE object of this agreement, as well as its modules, parts, manuals or any information related thereto.
3.8 The LICENCE declares and accepts that the system could be unavailable, without entailing any breach about contract, provided that the unavailability is necessary for (a) Solution Software’s operational abnormalities; (b) Incorrect data’s correction processed by the software; and (c) System’s Improvement to the users’ better navigation.
3.9 Applications installed by the LICENCE on their machines, which aren’t part of the LICENSOR’s system, LICENCE’s sole responsibility.
4 Product’s Availability Form, payment’s form and service provision’s term
4.1 In subscription/contracting, the sale’s value and the Subscriptions’ terms are present on Guest Posts website and could be accessed by, clicking here.
4.2 The credits’ purchase – loose – will have their prices, as shown on GuestPostCoin’s Market.
4.3 The user interested in acquiring PRO Subscription Services, must manifest themselves through the website, correctly filling out the registration form and pay according to the instructions indicated on the website. If you want to carry out – now – your PRO Subscription, click here.
4.4 Upon subscription/contracting, the user could choose the MONTHLY Subscription Plan by: “FREE” or “PRO”.
4.5 Payment – PRO Subscription Plan – could be made through: Recurring or unitary bank slips, PIX, Recurring credit/debit card.
4.6 The simple act to send the payment data doesn’t imply services provided’ acquisition by the company Guest Posts – referring to PRO Subscription Plan. Mean restriction’s possibility, due to checking data related to financial intermediary (payment manager).
4.7 If the data verification isn’t validated, the purchases are automatically canceled and users will be notified within a period, not exceeding 3 (three) business days after non-validation, in order to be able to choose another payment’s form.
4.8 The products available to the LICENCE are (I) FREE Plan and (II) PRO Plan, whose tools are included in the Plan Offer made available in the Subscription Plan Table.
4.9 Regardless of the plan chosen by LICENCE, the authorization to use Platform will be carried out upon registration, by free.
4.10 The value attributed to recurring subscription could be changed from time to time by LICENSOR, given Guest Posts will notify LICENCE any price change in advance. Price changes for LICENCE will only take effect at the beginning of the next subscription period, after the date of the price change. The LICENCE accepts the new price by continuing to use the LICENSOR’s resources and tools, after the price change and communication to customers by an email. If LICENCE does not agree to the new price, it will have the entitlement to reject changes in values, through recurring subscription’s cancellation, until the date of termination of its current subscription contract.
4.11 Upon acquiring PRO Subscription Plan – LICENSOR – the LICENCE shall authorize the LICENSOR to automatically charge it each month, until LICENCE cancels subscription.
4.12 The recurring subscription – PRO Plan – automatically will be renewed at the end of the period about each applicable subscription. Subscription cancellation will only take effect on the day after the last day of the current subscription period, and LICENCE will be downgraded to the FREE Plan.
4.13 The LICENCE could cancel at any time the recurring Subscription Plan – PRO Plan – without adherence to contractual fines.
4.14 If LICENCE chooses to pay in installments, it will be carried out by the credit card operator, and not by the LICENSOR, which makes the contracting a non-refundable installment.
4.15 By subscribing to the Guest Posts Recurring Plan, the LICENSEE agrees to be charged monthly, automatically by LICENSOR, until cancellation has to be carried out by LICENCE.
4.16 The LICENSOR, based on consumers’ rights, will issue Electronic Invoices, which will be sent by an email to LICENCE after purchasing the unit credits, or after Recurring Subscription Plan joining.
4.17 If it has a delay in the payment to any installment, it will authorize the provision of services’ suspension and access’ blocked to LICENSOR’S Recurring Subscription Plan chosen for, being the same downgraded by “FREE Plan”.
4.18 Payments made by LICENCE are non-refundable and Guest Posts does not offer refunds or credits to partially used subscription periods, or for unused Guest Posts service. In a cancellation’s case about the chosen plan, the LICENCE’s account will be automatically closed at the end of the current billing period.
4.19 The LICENSEE may use – free of charge – the services provided by the LICENSOR, restricted to certain functionalities implied by the Platform.
4.20 In order to ensure total efficiency of the Guest Posts Platform, LICENSOR provides trading service, through virtual currency – GuestPostCoin – which will be used in all partnership negotiations within the Platform.
4.20.1 The GuestPostCoin virtual currency is available to users according to its usability – within Platform – in the act of content partnership – that is, when you insert a Guest Post on your website/blog.
4.20.2 The users could purchase the virtual currency – according to its purpose – in order to enhance its content partnership strategies. It’s important to emphasize that virtual currency’ purchase – GuestPostCoin – doesn’t guarantee the Modules’ release – in their entirety. These being restricted to PRO Subscription Plan.
5. Register on the Guest Posts website
5.1. Under no circumstances will the assignment, sale, rent or any other form of account transfer be allowed. The maintenance of more than one registration by the same User willn’t be allowed, or creation of new registrations by Users whose original registrations have been canceled due to violations of the System’s Policies willn’t be allowed. In all these cases, Guest Posts reserves the entitlement to delete all existing infringing User’s accounts.
5.2. It will only be confirmed by the interested person’s registration, who fills in all the fields of the form. The User must complete it with exact, precise and true information, and undertakes to update personal data whenever there’s some changes.
5.3. Guest Posts aren’t responsible for the personal data’s correction entered by its Users. Users guarantee and respond, in any case, for the veracity, accuracy and personal data’s authenticity registered.
5.4. Guest Posts reserves the entitlement to use all valid and possible means to identify its users, as well as to request additional data and a valid identification document that it deems relevant, in order to verify personal data.
5.5. If there’s a need, any way, to check the registration data of a User and it’s found that there’s incorrect or untrue data – or – if User refuses – or – refuses to send documents required for verification, Guest Posts could definitively cancel or not, the User’s registration , without prejudice to other measures deemed necessary and opportune.
5.6. The User will access his account by email/password and undertakes not to inform outsourced parties on this data, being fully responsible to use made by them.
5.7. The users undertake to notify Guest Posts immediately about any unauthorized use in their account, as well as unauthorized access by outsourced parties. The User will be solely responsible to operations carried out on his account, since access, only be possible through affixing the password, which knowledge is exclusive to User.
6 Contract term
6.1 The plans made available by LICENSOR will have its duration, according to the Plan chosen and indicated on Page’s Price, present on Guest Posts website.
6.2 The contract’s term will be automatically renewed for the same period, according to the contract term selected by LICENCE. Upon renewal of the contract, the LICENCE could terminate it without incurring a fine at any time, upon request by Platform, before the recurrence charge.
7 Modifications and Amendments about Terms of Use
7.1 Guest Posts could be changed – any time – and this “Terms of Use”, aiming at improvement and [services provided improvement.
7.2 The new “Terms of Use” will come into effect as like its availability on System and on Guest Posts website, accessible through the same link as this term.
7.3 Once modifications made available, the LICENCE will be notified by means of a notice highlighted in System.
7.3.1 If LICENCE disagrees with any modification made in “Terms of Use”, it may terminate the licensing, within hypotheses provided for these documents, so that manifestation’s absence will imply the agreement with new “Terms of Use”.
7.4 The user is responsible for updating his account, as well as his email address.
8 Information Privacy and User Security Policy
8.1 Guest Posts will implement the best information security practices in order to maintain the confidentiality and data’s confidentiality, in accordance with this Privacy Policy’ provisions available on the website through the link https://guestposts.com.br /blog/privacy-policy.
8.2 In order to ensure the privacy of the LICENCE, as well as the security of its Information, and always attentive to the best Data Protection practices, Guest Posts undertakes to regularly reassess its Security Protocols to adapt them and update them as needed.
9 License Obligations
9.1 The interested LICENCE must purchase and pay under terms implied by Guest Posts System if they want to be a subscriber.
9.2 The LICENCE, after manifesting itself for purchase, undertakes to acquire the service in the event of its validation, as well as its payment, under the terms contained in offer.
9.3 The Purchase is irrevocable, pursuant to Articles 427 and 429 of the Civil Code, except in exceptional circumstances.
9.4 By purchasing Offer through the website, the purchasing User declares to be aware about conditions for receiving and/or using the product and/or service, subscription term and payment method, published on the website.
9.5 The LICENCE shall adopt all security measures so that its personnel and/or third parties do not violate any intellectual property rights of the LICENSOR, neither entitlement outsourced, and must be immediately notified LICENSOR when a violation and/or occurrence may have been known.
9.6 The LICENCE is responsible for damages or losses arising from administrative, managerial or commercial decisions taken or not based on information provided by the contents made available on System. 9.7. LICENCE shall comply with all provisions of this “Terms of Use”.
9.7 LICENCE shall comply with all provisions of this “Terms of Use”. 9.8. Guest Posts aren’t responsible for software’s non-functioning, resulting from mechanical or electronic problems of devices to be used by LICENCE, including those problems arising from the outsourced software’s use.
9.8 Licence must periodically follow and read all the rules made available in the main login area.
10 System or Database breach
10.1 It’s not allowed to use any device, software, or other resource that may interfere with the activities and operations on Guest Posts System, as well as with publications, prices, descriptions, accounts or its databases. Any intrusion, attempt, or activity that violates or contravenes intellectual property law and/or the prohibitions stipulated in this “Term of Use”, will make user liable for relevant legal actions, as well as the sanctions provided for herein, being also responsible for indemnities for any damage caused.
11 Sanctions
11.1 Without prejudice to other measures, Guest Posts may warn, suspend or cancel, temporarily or permanently, a User’s account at any time, and initiate the applicable legal actions if: a) the User does not comply with any provision of this “Term of Use”; b) fails to comply with its User duties; c) if he commits fraudulent, illegal or intentional acts; d) if the identity of the User cannot be verified or any information provided by him is incorrect; e) if Guest Posts understands that any attitude of the User has caused any damage to third parties or to the System itself or has the potential to do so.
11.2 In cases of disabling the User’s registration, all active purchases will be automatically cancelled.
11.3 Guest Posts reserves the right, at any time and at its sole discretion, to request the submission of personal and/or business documentation, in case of hiring by a legal entity.
12 Operating Responsibilities
12.1 In impossibility’ view of the full and uninterrupted operation to any telecommunication or computer system, including due to the telecommunications services provided by outsourced, Guest Posts doesn’t guarantee service’s provision in an uninterrupted manner and/ or error free. Eventually, the system couldn’t be available for technical reasons or internet failures, or for any other fortuitous event or force majeure outside Guest Posts control.
12.2 Guest Posts will provide assistance in order to assist the LICENCE in their system’s use.
12.3 Guest Posts will provide a technical and operational support to their LICENCE, with a deadline for a response of up to 8h (eight hours) for the first service in case of an error in the system that impairs its regular use, and up to 72h (seventy-two hours) races for first assistance in other cases. These deadlines are valid only for those who don’t use a FREE version.
12.4 Support services are understood to be support services regarding the stability and correction of problems inherent to the LICENSOR’s System, excluding the acts of God’ hypothesis or majeure force.
12.5 The Technical Support Service will be performed remotely from 8:00 am to 6:00 pm, Brasília/DF time, from Monday to Friday, except for national holidays and the LICENSOR’s Residence State.
12.6 The LICENSOR will promote the remote system’s maintenance on its modules, and could carry out programmed System’ updates and adjustments.
12.7 The LICENSOR would keep the infrastructure available for the LICENCE’s use, except in cases of preventive and/or corrective maintenance that require processing to be interrupted, upon prior notice, or even when motivated by external factors over which the LICENSOR has no control, such as, for example, lack of electricity, breakage of public network communication cables, and atmospheric factors that interrupt communication, like others one.
12.8 The LICENSOR shall not be liable at any time for indemnities and/or damages of any nature, as a result of the following cases:
12.8.1. Malpractice of LICENCE’s operators;
12.8.2 Misuse of the System by the LICENCE or its users, as long as proven;
12.8.3 Information mistakenly entered into the System by the LICENCE;
12.8.4 Differences in availability, tariff and data between the distribution channels of integrated suppliers;
12.8.5 Omission or error in filling in the LICENCE is mandatory information;
12.8.6 Equipment failure caused by incorrect installation of hardware in the LICENCE’s premises;
12.8.7 Lack of internet connection;
12.8.8 For damage caused by computer programs (viruses) on the machines where the System was accessed;
12.8.9 For damages or losses arising from administrative, managerial or commercial decisions taken based on the information provided by the system;
12.8.10 In cases of unforeseeable circumstances or force majeure, as provided for in art. 393 of the Brazilian Civil Code;
12.8.11 Improper access by persons authorized by LICENCE.
13 Rescission
This Agreement and its annexes could be terminated, at user’s request within Guest Posts Platform (available in the “Subscription” menu, in the “Cancel my subscription” field), under the following conditions:
13.1 Being in force for an indefinite period, by either party, without just cause, upon written notice at least 30 (thirty) days in advance.
13.1.1 If LICENSOR terminates the Agreement without just cause, it shall perform all services and guarantee the operation of those who have already been effectively paid by the LICENCE.
13.2 Being in force for a specified period and the early termination occurring by the Licensee in this period, the Licence shall be payment’s responsible about a remaining fine proportional time, to be calculated as follows:
13.3 The contract may be terminated by either party, in the event of insolvency, judicial or extrajudicial dissolution, request for judicial recovery or bankruptcy of either party, or if in any way it is found that the other party does not have the means to proceed with the payment of the respective overdue debts, all within the limits of the applicable legislation.
13.4 In force majeure’s event provided at Brazilian Civil Code.
13.5 By either party, in just cause, in case of non-compliance with contractual obligations, not remedied after 10 (ten) days of notification of the complained party to the other party, offering the opportunity to remedy the non-compliance.
13.6 In case of termination, the LICENSOR will keep the LICENCE’s data in it’s legal term’s database.
13.6.1 The data entered by the LICENSEE in the System may be automatically deleted by the LICENSOR as follows: (I) in the case of the Free Plan, they will be deleted after 60 (sixty) days of inactivity; (II) in the case of the PRO Plan, the data will be deleted within 30 (thirty) days after rescission.
13.7 Failure to pay after the cancellation period indicated in clause 4.4 of this Terms of Use authorizes contract’s termination in full by the LICENSOR, regardless of prior notice or notification.
14 Indemnity
14.1 The User will indemnify Guest Posts, its branches, controlled or controlling companies, directors, administrators, collaborators, representatives and employees for any demand promoted by other “users” or outsourced parties arising from their activities on website or for non-compliance with the “Term of Use ” or for violating any law or entitlement outsourced, including attorney’s fees.
14.2 Under disrespect’s penalty to civil and criminal legislation, the USER expresses his confirmation of having carried out registration with correct and true information for Guest Posts System’s purpose of using.
15 General Provisions
15.1 If any provision of these Terms is found to be unlawful, invalid or unenforceable in whole or in part by any law, that provision or part thereof shall – to that extent – be deemed not to exist for the purposes of these Terms. But the legality, validity and enforceability of the other provisions contained in these Terms will not be affected. In this case, the parties will replace the illegal, invalid or unenforceable provision – or part of it – with one that is legal, valid and enforceable and which, to the maximum extent possible, has similar effect to the provision deemed to be illegal, invalid or unenforceable for the purposes of content and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties on this matter and supersede and supersede all prior understandings and understandings on this matter. In these Terms, the words “including” and “includes” mean “including, without limitation”.
15.2 It will be considered valid, for all purposes, the communications made by Guest Posts through the registration data informed by USER, including electronic mail.
15.3 Any Guest Posts’ failure to enforce, or exercise any provision of this instrument, or related entitlement doesn’t constitute a waiver of that entitlement or provision.
15.4 The tolerance of one the parts towards the other regarding the breach of any of the obligations assumed in this instrument will not imply in novation or waiver of rights. The tolerant part may, at any time, demand from the other party the faithful and complete compliance with these Terms of Use.
15.5 Guest Posts will keep the entirety about this instrument available for consultation on its website. 15.5.1 Any doubts related to this instrument may be resolved by Guest Posts, which may be contacted through the contact form.
16 Date and Signature
16.1 These Terms of Use shall be governed by Brazilian law. 16.2 The date of acceptance of this “Term of Use” is one of contained in the Service Form completed by the User on GuestPosts website.
17 Applicable Law and Jurisdiction
17.1 USER acknowledges that it accepts this instrument, will be registered in Guest Posts Platform Database, with the date and time about his manifestation of consent, and such information may be used as proof of the USER’s acceptance, regardless of any other formality .
17.2 These Terms of Use and all relations arising therefrom are subject to the Laws of the Brazil Federative Republic, and the Santa Catarina’s Capital State’s District’ Central Court elected to settle any dispute arising from this instrument and arising therefrom, with the parties waiving to any other forum – however privileged it may be.
Effective Date about this Term of Use’s Version: 08/17/2021.
