TERMS AND CONDITIONS OF USE - TEAMCULTURE PORTAL

TERMS AND CONDITIONS OF USE – TEAMCULTURE

These Terms and Conditions of Use (TCU) govern the legal and commercial relations between TEAMCULTURE on the one hand and the User on the other, all better defined below. This TCU applies to the User's use of the platform provided by TEAMCULTURE, which allows Users to post and view a wide variety of content relating to certain companies listed on the platform offered by TEAMCULTURE.

Definitions

Company - legal entity that benefits from the services of TEAMCULTURE in the manner
provided for in this TCU.

TEAMCULTURE - the private limited company TEAMCULTURE DESENVOLVIMENTO DE SOFTWARES LTDA, located in 2840, Augusta St. - 8th Floor- Cerqueira César, São Paulo-SP, 01412-100 and with the CNPJ 31.673.943 / 0001-09.

User – Natural person, over the age of 18, civilly capable, which agrees and freely adheres to the TCU and conditions set forth herein. A User is a natural person who uses the TEAMCULTURE platform on their behalf and also a natural person who acts as a legal representative of a company that uses the platform. In this case, the User declares to possess the powers of representation legally assigned to them by the company.

Consent

1.1 - User and Company declare that they have read and agree to the conditions present in this TCU, with which they expressly agreed by clicking on "I agree" in the TEAMCULTURE website or, not yet that they have not clicked on such "I agree" button, expressly agree by using the tools and solutions made available by TEAMCULTURE in the TEAMCULTURE website http://app.teamculture.com.br

TEAMCULTURE Account

2.1 - To create a TEAMCULTURE account you must provide a valid email address where you can be found. If we are unable to communicate via the email provided, your account may be deactivated by us. You will enter a password to access your account. This password will be personal and non-transferable and you are solely responsible for storing it securely. If you suspect that your password or account has been improperly accessed, you should promptly inform us.

2.2 - It will be possible to access the platform through social networks, such as Facebook, Instagram, and others ("Social Networks"). If you access TEAMCULTURE through a social network, you agree that we may access, make available to TEAMCULTURE and store any information, text, messages, and other content that you have made available or stored on your Social Network.Your relationship with the Social Network is governed by the terms of use of the Social Network and TEAMCULTURE has no responsibility for acts or omissions of the Social Network.

Profile and Content

3.1 - When you create your account, you may inform us of some personal data and such data will be part of your profile (“Profile”). In addition to the data you have informed, your profile will also be formed by the data contained in your resume that you will upload to the platform. Depending on the visibility settings you fill in on the platform, you may allow us to share your profile data with employers, recruiters, and other third-parties. In this regard, you explicitly agree to the possibility of the profile data being shared with such third-parties mentioned herein.


3.2 - Because anonymity is very important within the platform, your profile should not include information that may link to your company evaluations or your salary reported on the platform.

3.3 - Content posted by other users or companies will be available for viewing on the platform (“Content”). By Content, we must understand any information, including, salaries, company ratings, interviews, logos, employee responses, comments, job advertisements, employee profiles, opinions, resumes, messages, texts, images, photos, emails, and any other form of data that you find on TEAMCULTURE. You understand and agree that TEAMCULTURE to Content posted by third-parties: i) is not responsible for and does not evaluate or validate such Content; ii) does not guarantee the accuracy, adequacy, quality, reliability, or quality of the information in the Content; and iii) assumes no responsibility for any Content that is unintentionally objectionable, inaccurate, misleading, or illegal that is made available by other users or third-parties.


3.4 - Under the provisions of the Brazilian Civil Rights Framework for the Internet, we will not be held responsible for complaints regarding the content made available by users on the TEAMCULTURE platform and will only remove such content as a result of a court order that details and specifies the content to be deleted per the applicable legislation and regulations.

3.5 - We allow users to post their content about their employers whenever they declare that they are or have been employees of the company, whether through a relationship regulated by labor legislation, a contract for the provision of services, internship contracts, or by any means that they have provided their labor to the company. While there is an option for the User to identify which category of employee they fall into, they don't need to do so.


3.6 - The User represents and warrants for all purposes that he will only use TEAMCULTURE for lawful purposes and following the rules outlined in this TCU.
The User further acknowledges that is solely responsible for the content posted to your account (“Your Content”). You agree that by authorizing the use of Your Content by the TEAMCULTURE platform, you have read and agreed to the community guidelines and understand that you may be liable if your content infringes third-party rights or is in conflict with law or regulation.


3.7 - The User will not: i) impersonate another person, use a third-party email address, or pass themself off as a representative of a company for which they do not have valid powers of attorney; ii) create accounts with the intent to commit fraud; iii) create multiple accounts for multiple users to publish multiple evaluations of one or more companies; iv) publish Content that is not theirs or that they do not have the right to publish; v) violate this TCU, community guidelines or any other law, rule, or regulation; vi) post Content that is defamatory, fraudulent, or that they know to be false or misleading or that does not reflect their opinion or experience; vii) harass, abuse, make racist, bigoted, or otherwise objectionable comments in TEAMCULTURE's opinion; viii) promote or support illegal activities; ix) disclose information in violation of applicable confidentiality obligations, including contractual restrictions they have with former employers, current employers, or potential employers; x ) violate the privacy, publicity, copyright, patents, trademark rights, trade secrets, or any other intellectual property of any third-party; xi) post any Content that contains pornography or explicit sex or relates to the exploitation of people violently or sexually; xii) except as expressly approved by TEAMCULTURE and by the law, they will not use TEAMCULTURE for commercial activities, such as contests, sweepstakes, pyramid schemes, and other forms of outreach; xiii) imply a partnership with TEAMCULTURE unless you have TEAMCULTURE's express written permission; xiv) send messages in violation of the privacy rules; xv) access TEAMCULTURE to create multiple accounts, generate automated messages, or attempt to obtain all or pieces of information from TEAMCULTURE without its written approval; xvi) copy or use TEAMCULTURE's information, Content (excluding Your Content), or data in services that compete with TEAMCULTURE; xvii) sell, resell, rent, lease, loan, trade, or otherwise monetize access to the TEAMCULTURE platform or any content (excluding Your Content), without TEAMCULTURE's written approval; xviii) interfere with, modify, reverse engineer, or decompile any TEAMCULTURE data or functionality; or xix) introduce any viruses, trojans, worms, bots, corrupted files, or the like into the TEAMCULTURE platform.

3.8 - In the same sense the Company will not carry out any of the activities provided for in 3.7 above.

3.9 - TEAMCULTURE may have links to third-party websites that are of interest to the User. By clicking on a link, the User acknowledges that TEAMCULTURE is not responsible for such links and assumes the risks of browsing such websites.


3.10 - Some employment opportunities available on the platform will allow the form to apply for the vacancy to be submitted through TEAMCULTURE to the company that published the vacancy. TEAMCULTURE does not guarantee the quality or security of the site of the partner companies that make the vacancy available but will make available the technology to make it possible to send the digital files containing the User's information.

3.11 - TEAMCULTURE may offer salary estimates for several careers, always according to the information collected through the platform.

3.12 - Unless otherwise stated, the estimate does not include bonus amounts, benefits with health plans, transport vouchers, food vouchers, meal vouchers, profit sharing, corporate participation, or any other benefit. The estimate cannot be considered a certainty that those values are effectively practiced. The User agrees that the estimate of salary will not be considered by them as a guarantee of remuneration.

Companies

Companies
4.1 - The Company that wishes to post vacancies on the platform may not post ads that: i) are in non-compliance with applicable laws and regulations, including the duty to observe the obligation of non-discrimination, respect for privacy, and the proper use of intellectual property; (ii) contain false information; iii) request any financial compensation to allow the User to apply for the vacancy; iv) offers vacancies that fit into the system of multilevel marketing, franchising, pyramid, benefit clubs, distribution of products and services, or commercial representation; v) contains any logo, trademark, link, or website that is not of the Company offering the vacancy to the candidate, unless it is another company belonging to the same economic group; or vi) discriminate against candidates based on race, gender, religion, sexual orientation, age, disability, or any other form of discrimination prohibited by law.

4.2 - The Company agrees that TEAMCULTURE may, at any time and in its judgment, regardless of justification to the company, remove or not publish advertisements of any vacancy.

Evaluation

5.1 - Companies may not offer incentives in exchange for Company evaluations. It is forbidden to offer any reward to employees, even if such a reward is, in the perception of the company, a smaller reward or of little value.


5.2 - The company may not coerce employees to publish evaluations. Coercion also means a request to the employee to demonstrate that they have written or sent the assessment, even if they have not been explicitly required to show the content of the assessment.

5.3-TEAMCULTURE will remove evaluations for which we have reason to believe that Users have obtained some kind of reward or have been coerced to publish it. To protect its sources of information, TEAMCULTURE will not be required to demonstrate any evidence to justify the exclusion of a particular assessment.

Communication with Candidates

6.1 - We may inform the User when the company accesses your information that we make available to it. For example, when the Company opens the applicant's resume information, sees your profile, or decides on your application for the job published by the Company.


6.2 - When the Company views, stores, or receives information through the platform, TEAMCULTURE may analyze such data and use such analysis as a way to ensure the quality of the services of the platform and, possibly, improve them. TEAMCULTURE may also disclose to Users and Companies analyses based on such information. For example, we may use such information to indicate which candidate (s) has the greatest potential to match the description of the vacancy offered or the average length of the selection process at a given company.


6.3 - Unless otherwise agreed with TEAMCULTURE, neither the User nor the Company may, for any reason, process the information collected or derived from job advertisements (“Ad Data”) except to evaluate the performance and effectiveness of their campaigns which must be done in an aggregate and anonymous form.

6.4 - Although it has no legal obligation in this regard, TEAMCULTURE may, in its sole discretion, review and delete any Content, even if partially, if it believes that such Content violates the rules of these TCU, the community guidelines, or if it believes that such Content is inappropriate. Eventually, the User may report Content that you believe violates the rules of this TCU, community guidelines, or is inappropriate. In this case, TEAMCULTURE will evaluate the Content and, in its sole discretion, take such action as it deems appropriate, i.e. delete the content in whole or in part, or keep the content unchanged.

6.5 - Although it has no legal obligation in this regard, TEAMCULTURE, in its sole discretion, may investigate and take the necessary measures concerning violations of this TCU by its Users. These measures, in addition to the above Content exclusion, may entail: i) suspension in the right to use the platform; ii) closure of their account on the platform; iii) reporting to the competent authorities; or (iv) taking legally applicable measures.

6.6 - Although it has no legal obligation in this regard, TEAMCULTRE may take the applicable legal measures to protect the anonymity of Users against any measures taken by legally constituted authorities aimed at seeking the author of certain Content.

Content

7.1 - TEAMCULTURE will not claim ownership of any Content that you submit or authorize for use by TEAMCULTURE, but you grant us the right to use such Content as set forth below.
By submitting or authorizing the display of any Content on the TEAMCULTURE platform, you grant us an unrestricted, irrevocable, perpetual, non-exclusive, non-chargeable license (with the right to sublicense at unlimited levels of sublicenses) to use, copy, perform, display, create derivative works from, adapt and distribute such Content in any media (now known or later developed) worldwide.
As permitted by applicable law, you expressly waive any of your moral rights applicable to TEAMCULTURE's exercise of the previous license.
You agree that this license includes the right to provide, promote and enhance TEAMCULTURE and make available the Content submitted to the TEAMCULTURE platform to other companies, organizations, or individuals for the organization, transmission, distribution, promotion, or publication of such content on other media or services, always in compliance with the provisions of these TCU.
No compensation will be paid for Content you post through TEAMCULTURE.
You must only submit to TEAMCULTURE the Content you wish to share with others under the terms of these TCU.


7.2 - The teamculture platform contains Content provided by us and our licensors. We and our licensors (including other Users) own and retain all proprietary rights (including all intellectual property) to the Content we provide and TEAMCULTURE owns and retains all proprietary rights to TEAMCULTURE. We grant the User a limited, revocable, and non-sublicensable license under the intellectual property rights licensed by us to download, view, copy, and print TEAMCULTURE Content for your personal use only, always under this TCU. Except as provided above, the User agrees not to: i) reproduce, modify, publish, transmit, distribute, publicly perform, or display, sell, adapt, or create derivative works based on TEAMCULTURE or the Content (excluding your Content); or ii) rent, lease, loan, or sell access to TEAMCULTURE. TEAMCULTURE® is a registered trademark. The trademarks, logos, and service brands ("Brands") displayed on TEAMCULTURE are the property of us or third-parties. You are not permitted to use these Brands without our prior written consent or the consent of the third-party owner of the Brand.

Termination

8.1 - This TCU is valid for an indefinite period, being valid during the period in which the User or the Company maintains their active accounts.
Users and Companies may terminate their accounts at any time, without notice, with immediate effect. In the same way, TEAMCULTURE may suspend or terminate the User's or the Company's account also with immediate effect. In these cases, these TCUs will be considered terminated. No penalty shall be due by either party in the event of unmotivated termination of this TCU.

Changes to the TCU

9.1 - TEAMCULTURE may, at any time, change the conditions of this TCU. In this case, the changes will be effective immediately, as soon as they are published on the TEAMCULTURE website.

Limitation of Liability

10.1 - TEAMCULTURE assumes no responsibility and disclaims all responsibility for the Content, accuracy, completeness, legality, reliability, or availability of any job advertisement, career page, job application, tracker question, answer to question in questionnaires, resume, or information that the User or the Company post, send or receive through the TEAMCULTURE platform.

10.2 - You are solely responsible for your interactions with advertiser Companies and other Users and we are not responsible for the activities, omissions, or other conduct, online or offline, of any advertiser Company or other User. We are not responsible for any incorrect, inaccurate, or illegal Content (including any Profile information) posted on our platform, whether posted by Users or Companies directly or by any associated equipment or programming. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to, or alteration of any communication with Companies or Users. We are not responsible for any problems or technical malfunctions of any hardware and software due to technical problems on the internet or the TEAMCULTURE platform or in a combination thereof, including injury or damage to users or anyone's computer related to or resulting from participation in or downloading materials. Under no circumstances will we be liable for any loss or damage resulting from the use of TEAMCULTURE or any content posted on the platform or transmitted to Users or Companies, or for any interaction between Users and between Users and Companies.

Forum

11.1 - The parties hereby elect the jurisdiction of the capital of the State of São Paulo to resolve any doubts, questions, or disputes arising from this Contract, renouncing the parties to any other however privileged it may be.

Updated on: 30/04/2021