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Terms of Use

Dear User,
We, at Jovens Gênios, believe that our relationship with users of the Platform should be based on trust and respect, ensuring the best experience for everyone. With this in mind, we have created these Terms of Use, which govern how Families, Explorers, Educators, and Managers use the Platform.
 

We inform you that careful reading of the information below is very important, as your use of the Platform will constitute an agreement with the provisions outlined here, in the Adhesion Agreement, and in Jovens Gênios' Policies.

ACCESS TO DOCUMENTS
Should you wish to access the remaining documents, please click on the links provided below:

DEFINITIONS: 

  1. Users (You). These are the categories of Users registered on the Jovens Gênios Platform:

    Contracting School: An educational institution that has entered into a contract with Jovens Gênios to provide the platform services to students, legal guardians of Explorers, Educators, and Managers.
     

    1. Parents: Legal guardians of underage Explorers.

    2. Explorers: Students affiliated with the Contracting School.

      Educadores: professores vinculados à Escola contratante.

    3. Educators: Teachers affiliated with the Contracting School.

    4. Managers: Principals and coordinators affiliated with the Contracting School.
       

  2. Platform: A technological tool exclusively owned by Jovens Gênios, which provides a virtual environment for adaptive, individualized, and gamified learning for the use of Explorers, under the supervision of Parents, Educators, and Managers.
     

  3. Registration: It is the procedure through which the User provides Jovens Gênios with their registration information in order to enroll in the Platform and gain access to it through a login and password.
     

  4. Partner: A legal entity contracted by Jovens Gênios, responsible for the creation and management of the virtual store, where it is possible to purchase access to the Platform.
     

  1. GENERAL TERMS AND CONDITION

  1. Scope.
    These General Terms and Conditions of Use, also referred to as "Terms of Use" or simply "Terms," apply to all activities and services provided by Jovens Gênios ("Platform"), which encompass the website and its subdomains, applications, programs, and other extensions. The Platform is owned by JOVENS GÊNIOS PROVEDOR DE CONTEÚDO LTDA., a private legal entity registered under CNPJ No. 29.286.289/0001-39, located at 120 Mena Barreto Street, Botafogo, in the city of Rio de Janeiro/RJ, ZIP Code 22.271-100, and is under its responsibility and management.
     

  1. 1 Scope of Services.
     

  1. Jovens Gênios is a Platform that provides the following services:
    Provision of SaaS (Software as a Service): Provision of the Platform's software as an individualized and gamified learning tool for use by Explorers in various environments, such as the classroom, incorporating various active learning methodologies, and featuring data analytics with engagement, learning, and satisfaction indicators. This data should be monitored by Parents, Educators, and Managers for pedagogical evaluation of the student.

    On-site or Online Implementation: For the optimal utilization of the Platform, Jovens Gênios offers procedures to assist Educators, Explorers, and Registered Schools in using the software. This includes gamified training for Educators, the Jovens Gênios’ “Desafio” and the Jovens Gênios Gamified Mathematics Olympiad for Explorers, as well as marketing materials promotion for the Contracting School.

    Technical and Operational Support: Technical and operational support for the use of the Platform will be provided to all Users, as stipulated in the Adhesion Agreement.
     

1.2.1. The Platform does not constitute an offer of education or courses, whether in a face-to-face or distance format, and as such, Jovens Gênios does not confer diplomas, certificates, or any other academic documents.
 

  1. Subjects
    The Platform may be used by all Users who are duly registered and authorized by the Contracting School.
     

  2. Adhesion and Acceptance.
    By accepting this agreement, Users adhere to the Terms of Use and Privacy Policy of Jovens Gênios, fully subjecting themselves to them for all legal purposes.
     

  3.Assistance.
Parents, acting as legal representatives, must provide assistance to the Explorers and authorize their use of the Platform through acceptance.
 

Violation of Conditions.
In the event that a User breaches any of the conditions outlined in these Terms, Jovens Gênios reserves the right to terminate their respective accounts and suspend or revoke access to the Platform. Additionally, Jovens Gênios may immediately notify the Contracting School of the incident.

Availability

The Platform is available for Users' use 24 (twenty-four) hours a day, 7 (seven) days a week and is provided 'as it is' and 'as available.' Jovens Gênios disclaims any responsibility for implied warranties of merchantability, fitness for a particular purpose, and financial return.

7.1. The above availability is subject to exceptions caused by:

  1. Lack or failure of electrical power supply experienced by Users, Partner, or Jovens Gênios due to a blackout of national, European, or even global proportions

  2. Failures of the telecommunications service provider;

  3. The need for repairs or maintenance of the external or internal network that require temporary system shutdown

  4. Any actions by third parties that hinder the provision of contracted services; or 

  5. Force majeure or unforeseeable events.
     

Account Deactivation, Questions, and Suggestions.
 

1In case of account deactivation, questions, or suggestions, Users may contact the Platform administrators via email at contato@jovensgenios.com.
 

  1. Modifications

Jovens Gênios reserves the right to modify the Terms of Use at any time, always providing notifications to inform Platform users. In case Users do not agree with any changes made, their only option will be to discontinue using the services provided by the Platform.
 

METHOD OF USE
Dynamics.
The Contracting School shall provide Jovens Gênios with a list containing the introduction and qualification of Parents, Explorers, Educators, and Managers, after which Jovens Gênios will grant Users access to the Platform within 30 (thirty) days.
 

Registration.
Following the provision of access by Jovens Gênios, each User can register on the Platform and begin their journey after expressing acceptance of the Terms of Use and Privacy Policy.
 

Registration Information.
To use the Platform's Services, Users must provide the information required during registration, as specified in the Privacy Policy.
 

3.1. Jovens Gênios reserves the right, at its discretion, to prevent new registrations or cancel those already made, in the event that an abnormality is detected which it deems to be a serious error, or demonstrates a deliberate attempt to circumvent the rules described herein, which are mandatory for all.
 

3.2. The Partner may, at its discretion, request copies of documents from the User to confirm the truthfulness and accuracy of the personal or payment data provided. If the User refuses to comply with the indicated procedure or if there are indications that the data is not valid, Jovens Gênios may suspend or cancel the User's access to the Platform to ensure their safety and the safety of other users. In such situations, no reimbursement or compensation shall be applicable to the User.
 

Prohibition and Deactivation of Registration.
Users who engage in any of the situations listed below may have their registration suspended or deactivated by Jovens Gênios, without prejudice to the appropriate legal and contractual measures:

a) Promotion of violence or discrimination based on issues of race, gender, religion, nationality, sexual orientation, or any other kind;

b) Violation of any laws or rights, particularly copyright and intellectual property rights, the “Estatuto da Criança e do Adolescente” - Child and Adolescent Statute (Law No. 8.069/1990), and the “Lei de Diretrizes e Bases da Educação” - Guidelines and Bases of National Education (Law No. 9.394/1996);

c) Use of the Platform for purposes other than those for which it is intended, as well as for illegal practices, such as fraud.

 

Use of Registration by Third Parties.
Registrations on the platform are individual and non-transferable. Jovens Gênios must be promptly notified of any unauthorized use of User accounts. Jovens Gênios is not responsible for any losses or damages arising from the use of login and password by a third party, with or without the User's consent.
 

5.1. Users must:
a) Be cautious with their personal identification data whenever they access the Internet;
b) Take any necessary measures to protect themselves from harm, including online and offline fraud;
c) Exercise diligence in the use of the content available on Jovens Gênios, understanding their personal responsibilities;
d) Strictly adhere to all the provisions of these Terms of Use; and
e) Take responsibility for their personal and payment data provided to Jovens Gênios and to the Partner, as well as for their accuracy.
 

Termination of the contract with the Contracting School.
If the Contracting School terminates the contract with Jovens Gênios, the Platform will immediately cease to function for the other Users associated with it.
 

USERS' AND PLATFORM'S OBLIGATIONS
In addition to the other obligations set forth in these Terms of Use, it is the obligation of the Parents:
a) Authorize Jovens Gênios to send communications via email, phone, or instant messaging;
b) Provide, correctly and accurately, all their data and the data of the Explorers for whom they are legally responsible, for registration and communication purposes;
c) Adopt language compatible with the school educational environment;
d) Supervise, monitor, and instruct the Explorers for whom they are legally responsible in the use of the Platform.


In addition to the other obligations set forth in these Terms of Use, it is the obligation of the Explorers:
a) Show dedication to the activities presented on the Platform, considering that it is an extension of the school environment;
b) Exhibit good behavior when using the Platform; and
c) Adopt language compatible with the school educational environment.


In addition to the other obligations set forth in these Terms of Use, it is the obligation of the Educators:

a) Encourage and address questions from Parents and Explorers regarding the journey on the Platform as a complementary pedagogical tool;
b) Supervise, monitor, and support the Explorers in the classes for which they are responsible;
d) Report to Jovens Gênios any errors, failures, or violations of the Terms of Use that they may encounter;
Report to the Contracting School any changes in the academic performance of the Explorers;
e) Exhibit good behavior when using the Platform;
f) Provide correct and accurate information for registration and communication purposes; and
g) Adopt language compatible with the school educational environment.


In addition to the other obligations set forth in these Terms of Use, it is the obligation of the Managers:

a) Encourage and address questions from Parents, Explorers, and Educators regarding the journey on the Platform as a complementary pedagogical tool;
b) Supervise, monitor, and support the Explorers from all classes of the Contracting School that use the Platform;
c) Report any errors, failures, or violations of the Terms of Use that they may come across to Jovens Gênios;
d) Report to the Contracting School any changes in the academic performance of the Explorers;
e) Report to the Contracting School any potential shortcomings in the work of Educators in using the Platform;
f) Provide correct and accurate information for registration and communication purposes; and
g) Adopt language compatible with the school educational environment.
 

In addition to the other obligations set forth in these Terms of Use, it is the obligation of Jovens Gênios:

a) Provide the Platform services in a secure and stable manner, as per the contracted terms;
b) Maintain, in its judgment and within market possibilities, the constant updating of the platform to enhance and adapt it to new available technologies;
c) Protect the confidentiality and secrecy of all User data and information;
d) Comply with the applicable legislation, under its exclusive responsibility; and
e) Maintain the User support service to address questions and provide assistance in accordance with the Adhesion Agreement.
 

In addition to the other obligations set forth in these Terms of Use, it is the obligation of the Partner:

a) Protect the confidentiality and secrecy of the data provided by Users;
b) Manage and oversee the virtual store of Jovens Gênios;
c) Handle the billing for the use of Platform licenses, as agreed upon;
d) Comply with the applicable laws to which it is subject, under its exclusive responsibility; and
e) Assume responsibility, before Users and third parties, for the processing of payments made on Jovens Gênios' virtual store.


REMUNERATION
1. Remuneration.
For the services provided, Jovens Gênios will receive compensation as established in the software licensing contract signed with the responsible parties for payment.
 

LIMITATION OF LIABILITY
Jovens Gênios shall be solely and exclusively liable for the services it provides, with limitations.


Liability.
Jovens Gênios shall not be liable for:
a) any losses or damages suffered as a result of:
i) any incorrect or incomplete information provided by a User;
ii) any fraud, fraudulent statement, or violation of Users' duty;
iii) the breach by any User of the conditions described in these Terms;
iv) failure in the Internet connection or systems used by Users;
v) issues in data processing due to third-party faults.
b) any act, commission, or omission by a User that violates the rights of third parties.
c) any damage of any nature suffered by any User, arising directly or indirectly from the use of the Platform, even if resulting from the conduct of third parties;
d)the financial situation or solvency status of the Partner; or
e) the service provided by the Partner on behalf of Jovens Gênios.


Indemnification.
Users shall indemnify Jovens Gênios, its directors, officers, employees, representatives, or agents for any claim brought by third parties against them arising from their activities on the Platform, for the breach of the Terms of Use and other policies, or for the violation of any law or third-party rights. The indemnification includes attorney's fees.
 

Jovens Gênios declares that it does not establish with any of the Users of the platform: (i) a partnership, association, or representation; (ii) the provision of any services other than the purpose of this particular instrument, or (iii) an employment relationship.
 

PLATFORM ENGINEERING AND ACCESS TO FUNCTIONALITIES
Improvement.
Users agree that any system, platform, or service, regardless of its producer or characteristics, is a type of product that is constantly being updated and improved, with ongoing and unconditional aspects to be enhanced, which should not be considered inherently as a failure or defect.


Malfunctions.
Any malfunctions in the operation of the Platform will be corrected as soon as possible, during the necessary maintenance period. Jovens Gênios does not intend for the operation of the Platform's server, as well as its system, database, software, and website, to be free from errors, failures, or interruptions.
 

Restrictions.
Users are not allowed to access Jovens Gênios' programming areas, its database, or any other set of information related to webmastering activities, nor are they allowed to perform or allow others to perform any type of reverse engineering, translation, decompilation, copying, modification, reproduction, rental, subleasing, sublicensing, publishing, disclosure, transmission, lending, distribution, or in any other way, making available the query tools of this website and its functionalities to third parties without prior express authorization from Jovens Gênios. Those who do so are subject to penalties under Brazilian law, without prejudice to the obligation to compensate for any damages caused. This restriction also includes any attempt to incorporate any platform information into any other directory, product, or service.
 

INTELLECTUAL PROPERTY
Use of Intellectual Property.
The commercial use of the expression 'Jovens Gênios,' as a trademark, trade name, or domain name, and the logo, are the exclusive property of the owners of Jovens Gênios, as provided in the respective organizational act. Similarly, copyright and other intellectual property rights, such as the structure, screen contents related to the Platform, programs related to it, software, website, databases, networks, and files. All rights are protected, in Brazil and internationally, by copyright, trademark, patent, model, and industrial design laws and treaties. The owners of Jovens Gênios reserve all copyright and related rights to trademarks, patents, models, and industrial designs, whether owned by them or licensed to them.
 

1.1. It is not allowed to reproduce, duplicate, copy, sell, resell, visit, or otherwise commercially exploit the content of the Platform without the prior written consent of the owners of Jovens Gênios. Specifically, the use of data mining, robots, or other tools for data collection and extraction to extract, in isolation or on a recurring basis, any substantial part of the Platform for reuse is expressly prohibited.


FINAL TERMS
Suspension and Cancellation of Access.
In the event of a breach by Users of any provision of the Terms of Use, they acknowledge and accept that Jovens Gênios may, without prior notice, interrupt or suspend, temporarily or permanently, part or all of the access to the platform.
 

Warnings and Suspension.
Without prejudice to other applicable measures, Jovens Gênios may issue a warning to the User or, temporarily or permanently, suspend their access to the Platform at any time if the User:
a) fails to comply with any provision of the Terms of Use or the Privacy Policy;
b) breaches any of their obligations or prohibitions assumed when using the platform's services;
c) uses the name or trademark of Jovens Gênios, in whole or in part, without authorization, and violates the intellectual property rights of Jovens Gênios;
d) has provided any incorrect information or if their identity cannot be verified.
 

Nulidades.
If any clause of this instrument or any portion thereof is deemed unlawful, invalid, or unenforceable under any law, such clause or portion shall, to that extent, be understood as not forming part of the Terms of Use, and the legality, validity, and enforceability of the remaining clauses shall not be affected.
 

APPLICABLE LAW AND JURISDICTION
These Terms of Use are governed by Brazilian laws, and the Judiciary District of Rio de Janeiro/RJ is designated as the competent jurisdiction to settle any disputes arising from this agreement, whether judicial or extrajudicial, to the detriment of any other jurisdiction, no matter how privileged it may be or become. Priority shall always be given to attempts at self-composition for conflict resolution.
 

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