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.