Terms of use and conditions of contract – Hevea Flow Sangrador

Welcome!

We are SnapSystems Projeto de Software Ltda., a Brazilian limited liability company registered with the CNPJ (Brazilian corporate taxpayer registry) under No. 07.343.014/0001-57 ("SnapSystems" or "We"), a company dedicated to connecting specialized professionals responsible for latex extraction ("Rubber Tappers") with producers of natural rubber coagulum ("Producers"), for subsequent negotiation with companies interested in purchasing natural rubber ("Buyers").

SnapSystems developed Hevea Flow, a technology platform made available under the software as a service model ("Platform"), which allows the Rubber Tapper to make known their availability for partnerships with Producers, record their productivity, view the assessments received and follow service opportunities published on the Platform.

Use of the Platform is conditional upon reading and fully accepting this document ("Terms"), which sets out the rules and conditions for using the Platform and governs the relationship between SnapSystems and Rubber Tappers.

By accepting these Terms, the Rubber Tapper declares that they are aware of and fully agree with all of their provisions, acknowledging that electronic acceptance has the same value as a formal signature, under applicable law.

If you have any questions, contact our support team through the website www.heveaflow.com.br. We are always available to help.

1. Definitions

1.1. Definitions. All capitalized terms in these Terms, including the preamble above, whether singular or plural, in any gender, have the meanings assigned to them throughout these Terms in parentheses and quotation marks.

1.1.1. For the purposes of these Terms, a user is anyone who accesses or uses the Platform through their own access profile, according to the permissions available to Producers, Rubber Tappers or Buyers, under the terms of the corresponding app ("User").

2. Services and use of the platform

2.1. Exclusive Platform. When accessed through the app intended for Rubber Tappers, the Platform is intended for the exclusive use of that User profile.

2.1.1. SnapSystems also offers its own apps for Producers and Buyers, with features specific to each profile. To use them, it will be necessary to download the respective app and accept the Terms of Use applicable to each of them.

2.2. Features. The Platform is a digital tool provided by SnapSystems to enable the organization of tapping activities and the connection between Rubber Tappers and Producers, allowing the Rubber Tapper to record their productivity, follow their field activities and make known their availability for new partnerships.

2.3. Connection with other User profiles. The Platform allows the Rubber Tapper to view information published by Producers, follow service opportunities and receive assessments resulting from partnerships already carried out, always with the aim of promoting greater visibility, traceability and recognition of the activity performed.

2.4. Negotiation. Any commercial negotiations arising from the interaction between Buyers, Producers and Rubber Tappers are conducted directly and independently by the Users themselves, without any participation, intermediation, validation or liability on the part of SnapSystems.

2.4.1. Negotiations carried out through the Platform must be formalized using the contract template provided by SnapSystems. This template will serve as a reference and may be adapted by the parties, who will be entirely free to adjust the commercial conditions as agreed between them, without any intermediation, review or validation by SnapSystems.

2.4.2. Acceptance by the Producer or Rubber Tapper of the purchase proposal sent by the Buyer will automatically generate a purchase order containing the agreed commercial conditions.

2.4.3. If there is not yet a purchase and sale agreement in force between the parties, it will be entered into upon the first negotiation formalized via the Platform. Subsequent purchase orders will be automatically linked to the agreement in force, which will govern their legal and commercial conditions. After signature, the agreement must be uploaded to the Platform, which will automatically extract the essential information for traceability purposes and for calculating the remuneration owed to SnapSystems, as applicable.

2.5. Nature of the Platform. The Platform is exclusively informational and managerial in nature, does not carry out any commercial intermediation between Users, and does not guarantee results in negotiations entered into between Producers, Rubber Tappers and Buyers. Responsibility for defining the terms and conditions of legal relationships lies exclusively with the Users themselves.

2.6. Services. The features made available to the Rubber Tapper may include:

2.6.1. SnapSystems does not participate in the legal relationships entered into between Platform Users, and the Users are solely responsible for defining the commercial terms and conditions (subject matter, deadlines, amounts, payments and logistics) of their relationships.

2.7. Operational Support. SnapSystems will provide operational support to the Rubber Tapper exclusively for questions related to the use of the Platform. Support will be provided through the official channels listed on the SnapSystems website and will be limited to clarifications about features, technical operation and any access issues. SnapSystems does not provide support regarding negotiations, contracts or activities carried out by Users outside the Platform.

3. Registration

3.1. Registration. To use the Platform, the Rubber Tapper must register, providing at least the following information: full name, CPF (Brazilian individual taxpayer number), contact telephone number, email address (when applicable), municipality of residence and areas of activity ("Registration").

3.1.1. SnapSystems does not manage, supervise or validate the data entered, and the Rubber Tapper is solely responsible for the information registered and for any damages arising from the improper or incorrect use of the Platform.

3.1.2. The Rubber Tapper will be solely responsible for the information registered in their profile, undertaking to ensure the accuracy, integrity and updating of such data.

3.2. Registration Representations. By completing the Registration, the User represents and warrants that:

3.3. Registration Email and Login. The email address provided at Registration will be linked to the Platform access login and used as the main channel for communications between SnapSystems and the Rubber Tapper.

3.3.1. It is the Rubber Tapper's responsibility to ensure that the email address provided is active and accessible.

3.4. Refusal and Suspension of Registration. SnapSystems reserves the right to refuse any Registration request and to suspend, at any time, Registrations that are not in accordance with these Terms or with current legislation.

3.5. Eligibility Criteria. SnapSystems may, at its sole discretion, change the criteria for registration and for maintaining access to the Platform, without prior notice.

4. General conditions of the platform use license

4.1. License. SnapSystems grants the Rubber Tapper a limited, temporary, non-exclusive and non-transferable license to use the Platform, exclusively for the purposes set out in these Terms of Use.

4.2. Improper Use. If improper use of the Platform is found, or if there is reasonable evidence of it, SnapSystems may notify the User to provide clarifications within up to 10 (ten) days from the sending of the notice. In the absence of a response, or if the justification is deemed insufficient, SnapSystems may, at its sole discretion and as a security measure, immediately suspend the User's access to the Platform, by notice sent by email stating the reason for the suspension and the measures to be taken.

4.3. Investigation of irregularities. SnapSystems may investigate any violations or irregularities that come to its attention, reserving the right to take the measures it deems appropriate, including, without limitation, sending notices, suspending features or blocking access to the Platform.

4.4. Platform Conditions. The Rubber Tapper's use of the Platform is subject to meeting minimum access requirements, including but not limited to: a stable internet connection, use of a device compatible with the supported operating systems and, where applicable, permission to access geolocation features. Any additional requirements may be communicated by SnapSystems at the time of contracting or during the use of the Platform.

4.5. Integration. The Rubber Tapper will be solely responsible for taking the measures necessary to integrate the Platform with their internal systems, when applicable, in order to ensure its full functionality.

4.6. Changes to the Platform. SnapSystems may implement changes to the Platform at any time. If there is an impact on technical or operational parameters affecting features used by the Rubber Tapper, the Rubber Tapper will be notified in advance so that they can take the necessary steps to adapt.

4.7. Technical Updates. SnapSystems may, at its sole discretion, carry out fixes, performance improvements, technical adjustments, and the addition or removal of Platform features, provided they are compatible with the purpose of the contracted service. Changes that affect features in use will be communicated in advance whenever possible.

4.8. Platform Availability. The continuity of the services is subject to the technical, commercial and operational viability of the Platform and is not guaranteed indefinitely. SnapSystems may, with reasonable prior notice, suspend or discontinue the Platform or specific features, in whole or in part, without this giving rise to any right to compensation, unless provided for in specific legislation.

4.9. Stability and Failure Recovery. SnapSystems will use its best efforts to ensure the availability and continuous operation of the Platform and its features. In the event of failures or interruptions, SnapSystems undertakes to take all reasonable measures to restore access as quickly as possible.

4.10. Technical Performance of the Platform. SnapSystems declares that the Platform has been previously tested and is capable of offering satisfactory performance, provided that the minimum technical requirements defined in these Terms and their updates are met. Responsibility for the adequacy of equipment and the quality of the internet connection lies exclusively with the Rubber Tapper.

5. Obligations of the parties

5.1. Rubber Tapper's Obligations. Without prejudice to the other obligations contained in these Terms, the Rubber Tapper undertakes, on their own behalf and on behalf of their agents and any contractors, to:

5.2. SnapSystems' Obligations. SnapSystems undertakes, on its own behalf and on behalf of its employees, agents and other contractors, to:

5.3. Awareness of Third-Party Liability. The Rubber Tapper declares that they are aware that:

5.4. User Conduct. The Rubber Tapper undertakes to carry out their activities regularly, autonomously and in accordance with current legislation, including civil, labor, social security, environmental, commercial and tax rules, taking full responsibility for their decisions, actions and negotiations with third parties.

5.4.1. The Rubber Tapper will be solely responsible for any amounts, indemnities, penalties, charges or costs arising from obligations assumed in relationships entered into with Producers, Buyers or other third parties, including those arising from negotiations carried out through the Platform.

5.4.2. If SnapSystems is subject to judicial or administrative claims as a result of acts performed by the Rubber Tapper or arising from their relationships with third parties, the Rubber Tapper undertakes to bear in full all amounts, indemnities, costs and expenses incurred by SnapSystems, including attorneys' fees and court costs, without prejudice to SnapSystems' right of recourse against the Rubber Tapper.

5.5. Monitoring and Reporting of Improper Conduct. SnapSystems may, at its sole discretion, monitor the data and interactions entered on the Platform on a sample, non-continuous basis, exclusively to verify compliance with the provisions of these Terms. This monitoring does not imply any obligation of permanent oversight or responsibility for the content generated by Users.

5.5.1. The Rubber Tapper must immediately inform SnapSystems, through the official support channels, of any improper, unlawful conduct or conduct contrary to these Terms of which they become aware within the Platform.

5.5.1.1. SnapSystems will analyze the report confidentially and take the measures it deems appropriate, at its sole discretion.

5.6. User-Generated Content. The Rubber Tapper acknowledges that all content entered or generated through the Platform, including productivity data, area information, uploaded contracts, messages and operational records, is the sole responsibility of the Users themselves.

5.6.1. The Rubber Tapper undertakes not to upload to the Platform photographs, videos or any files containing images of people or elements that allow third parties to be identified, unless there is a legitimate purpose, a legal basis and compliance with applicable law.

5.6.1.1. The Rubber Tapper will be solely responsible for any improper processing of personal data resulting from non-compliance with this obligation.

5.6.2. SnapSystems may, at its sole discretion, remove or restrict access to content deemed inappropriate, illegal, misleading, offensive or in violation of the provisions of these Terms.

6. Free of charge

6.1. Free of charge. The Platform is made available to the Rubber Tapper free of charge, and SnapSystems does not require any payment, monthly fee or fee for their registration, access or use of the features made available.

6.1.1. Any amounts agreed between Rubber Tappers and Producers, including as remuneration for latex extraction activities, are defined exclusively between those parties and do not involve any intermediation, management or collection by SnapSystems.

6.1.1.1. The Rubber Tapper acknowledges that the value attributed to the production of natural rubber coagulum may be adjusted according to the actual DRC (Dry Rubber Content) percentage determined at the collection stage, when applicable.

6.1.2. The Rubber Tapper acknowledges and agrees that SnapSystems will be entitled to receive a Fee corresponding to 1% (one percent) of the value of the transaction whenever the negotiation with a Buyer was initiated or made possible through the Platform, even if the contract was entered into directly between the parties outside the digital environment.

7. Term and termination

7.1. Term. These Terms come into force on the date the Rubber Tapper's Registration is completed and remain valid for an indefinite period, for as long as the use of the Platform and the contractual relationship between the Rubber Tapper and SnapSystems continue.

7.1.1. These Terms may be terminated at any time: (a) by mutual agreement between the Rubber Tapper and SnapSystems; or (b) in the event of bankruptcy, dissolution, judicial or extrajudicial liquidation, judicial or extrajudicial reorganization or civil insolvency of either party.

7.2. Termination at the Rubber Tapper's Initiative: The Rubber Tapper may request the termination of these Terms at any time, by formal notice to SnapSystems, at least 5 (five) business days in advance. Termination will not affect the retention of information relating to the activities recorded up to the date of deletion.

7.3. Termination at SnapSystems' Initiative. SnapSystems may terminate these Terms at any time, by notice sent to the Rubber Tapper at least 5 (five) business days in advance. SnapSystems may also terminate immediately in the event of: (i) improper use of the Platform; (ii) breach of contractual obligations; (iii) attempted fraud; or (iv) violation of current legislation or the Platform's internal policies.

7.4. Effects of Termination. Termination of the Terms will result in the revocation of the Rubber Tapper's access to the Platform and the interruption of the associated features. SnapSystems will keep the data linked to the activities carried out stored for the period necessary to comply with legal or regulatory obligations, including for audit, traceability and legal certainty purposes.

8. Warranties and liability of the parties

8.1. SnapSystems warrants that the Platform does not infringe the rights of third parties, undertaking to hold the Rubber Tapper harmless from any burdens and expenses arising from legitimate claims to that effect.

8.2. The Parties acknowledge that they are independent and that there is no partnership, association, representation, agency, mandate or subordination relationship between them. No employee, contractor or agent of SnapSystems will have an employment relationship with the Rubber Tapper, and vice versa, each Party being fully responsible for the labor, social security, tax and regulatory charges of their respective businesses.

8.3. SnapSystems may store the data and documents entered on the Platform while the contractual relationship is in force, in compliance with applicable law.

8.4. SnapSystems may use data in anonymized form for testing, improvement, training and development of enhancements to the Platform itself, in compliance with current legislation.

8.5. SnapSystems is not liable for failures, data loss, access interruptions or inconsistencies in the operation of the Platform resulting from: (i) internet connection failures; (ii) power outages; (iii) interventions by unauthorized third parties; or (iv) acts of God or force majeure.

8.6. SnapSystems acts exclusively as a means of technological connection between Producers, Rubber Tappers and Buyers, limited to making the Platform available for information, connection and management of commercial proposals. SnapSystems does not participate in, intermediate, validate or guarantee the conclusion of negotiations, nor does it assume any responsibility for the commercial, financial or business results obtained by Users.

8.7. The Rubber Tapper declares that they are aware that the performance of these Terms does not imply any obligation on the part of SnapSystems to make structural investments or provide operational infrastructure beyond what is made available by the Platform.

9. Intellectual property

9.1. Under Brazilian Law No. 9,609/1998, the Platform is the exclusive property of SnapSystems. The Rubber Tapper, their directors, employees, agents and contractors are prohibited from copying, modifying, publishing, reproducing, sublicensing, distributing, assigning, renting, licensing, reverse engineering, publicly displaying, creating derivative works or, by any other means, using the Platform or its components in a manner inconsistent with these Terms.

9.1.1. Any information, technologies, inventions, improvements, features, methods, code, metrics, algorithms, encryption, hashes, applications, know-how or other intellectual assets developed by SnapSystems and used in the Platform are also the exclusive property of SnapSystems, even if they result from specific requests by the Rubber Tapper or third parties, and even if they have been funded, in whole or in part, by the Rubber Tapper.

9.1.2. The database and the results obtained through the use of the Platform constitute assets protected by SnapSystems' copyright and intellectual property rights, and the Rubber Tapper is prohibited from extracting, copying or reusing such data without express authorization.

9.1.3. The use of any intellectual property elements of SnapSystems or of third parties hired by it — such as trademarks, logos, trade names and distinctive signs — is restricted to the performance of these Terms, and their use for any other purpose is prohibited.

9.2. Failure to comply with the obligations set out in this clause will subject the Rubber Tapper to full compensation for all losses and damages caused to SnapSystems, including loss of profits and consequential damages.

9.3. No User is authorized to represent, sell, sublicense or promote SnapSystems' services to third parties, except with formal and express authorization. The use of SnapSystems' trademark, trade name or any visual identity assets for personal promotion, negotiation with third parties or commercial purposes unrelated to the Platform is prohibited.

10. Confidentiality

10.1. For the purposes of these Terms, Confidential Information means any data, documents, specifications or technical, commercial, operational, financial or legal information disclosed by one of the parties ("Disclosing Party") to the other ("Receiving Party"), by any means (verbal, written, electronic or other), including information to which the Receiving Party may have access as a result of the performance of these Terms, even if not expressly marked as confidential.

10.2. The following will not be considered Confidential Information:

10.3. The Receiving Party undertakes to keep all Confidential Information received in absolute secrecy, binding itself and its partners, directors, employees, service providers and agents not to use it for any purpose other than the strict performance of these Terms, nor to disclose it to third parties without the prior and express written authorization of the Disclosing Party.

10.4. In the event of a legal obligation or judicial or administrative decision requiring the disclosure of any Confidential Information, the Receiving Party must, whenever possible, notify the Disclosing Party immediately, before making the disclosure, and use reasonable efforts to (i) limit the extent of the disclosure to the strictly necessary information, and (ii) ensure confidential treatment before the competent body.

10.5. The confidentiality obligation set out herein will remain in force throughout the term of these Terms and for a period of 5 (five) years after their termination, for any reason. Breach of this clause will subject the infringing Party to the obligation to compensate all direct and indirect damages, including loss of profits, caused to the injured Party.

11. Personal data protection

11.1. The Rubber Tapper is aware that SnapSystems may process their personal data to perform the subject matter of these Terms. SnapSystems may also process personal data, especially geolocation, tapping frequency and assessment data, for legitimate purposes, such as providing, developing, improving and maintaining the services provided and extracting production metrics and insights, even after the end of the contractual relationship with the Rubber Tapper, in which case it will process them in accordance with its Personal Data Protection Notice and Brazilian Law No. 13,709/2018 (General Data Protection Law – "LGPD").

11.1.1. SnapSystems may process the personal data entered by Producers on the Hevea Produtores Platform insofar as they are associated with the Rubber Tapper's profile, for the purposes of displaying history, assessment or management of related activities.

11.2. The Rubber Tapper declares that they are aware that, even if they request the deletion of their profile, SnapSystems may process their personal data if it has a legal basis to do so, including but not limited to: a) compliance with a legal or regulatory obligation; b) performance of the contract entered into with Producers on the Hevea Produtores Platform; c) the regular exercise of rights; d) as a result of its own legitimate interest or that of third parties.

11.3. SnapSystems undertakes to:

11.4. In case of questions or requests related to the processing of personal data covered by these Terms, the Rubber Tapper must contact SnapSystems' Data Protection Officer through the email address provided in the Data Protection Notice.

11.5. SnapSystems may only be held liable for damages arising from data processing when it acts in breach of the LGPD or of the rules defined in these Terms.

12. Anti-bribery and anti-corruption provisions

12.1. The Rubber Tapper declares that they are aware that SnapSystems rejects any unlawful or unethical practice, undertaking to fully comply with current legislation, especially Brazilian Law No. 12,846/2013 (Anti-Corruption Law), the rules against slave and child labor, and the constitutional principles of human dignity and the social function of work.

12.2. The Rubber Tapper acknowledges that the other Platform Users must behave in a manner consistent with legality, ethics and fundamental rights. This includes the prohibition of work in degrading conditions, exhausting working hours, exploitation of minors, or discriminatory or abusive practices.

12.3. SnapSystems encourages responsible and transparent conduct by Users and expects the commercial relationships established within the Platform to reflect respect for the laws and the social and environmental values governing rural activity.

12.4. If the Rubber Tapper becomes aware of conduct that violates the standards described herein, they must report such facts to SnapSystems.

13. Notices

13.1. All notices, communications, notifications or summons related to these Terms must be made in writing, with proof of sending and receipt, to the physical or electronic addresses provided at the time of contracting or updated by the Parties under item 14.2 below.

13.2. Any change to a communication channel must be immediately informed to the other Party, in writing, in order to take effect for future notices.

14. Final provisions

14.1. These Terms constitute the entire agreement between the Parties regarding their subject matter, superseding all prior understandings, verbal or written.

14.2. The invalidity of any clause of these Terms will not affect the validity of the other provisions. The Parties will use their best efforts to replace the invalid clause with another that preserves, as far as possible, the originally intended economic effects.

14.3. These Terms bind the Parties and their successors in any capacity, irrevocably and irreversibly.

14.4. SnapSystems may assign or transfer its contractual position under these Terms, in whole or in part, to third parties, by simple notice to the Rubber Tapper. The Rubber Tapper may only assign their rights or obligations with the prior and express authorization of SnapSystems.

14.5. The tolerance of one of the Parties regarding the non-performance of any obligation assumed by the other Party will not constitute a waiver of rights, novation or contractual amendment, being a mere act of liberality.

14.6. No waiver of rights will be valid unless express and formalized in writing by the waiving Party.

14.7. The Parties declare that they have full powers and authorizations to enter into these Terms, and are responsible for the accuracy of their statements.

14.8. SnapSystems may update these Terms at any time, by giving the Rubber Tapper at least 10 (ten) days' notice, through the Platform itself or by email. Continued use of the Platform after this period will be considered agreement with the new terms. If the Rubber Tapper disagrees with the new terms, they may request the termination of the contractual relationship before the changes come into force, without penalties.

14.9. These Terms may be kept exclusively in electronic form. The digital version, accepted by click, is valid and effective for all legal purposes, without the need for printing, notarization or physical filing.

14.10. The Rubber Tapper acknowledges that electronic acceptance of these Terms has the force of an electronic signature, under article 10, paragraph 2, of Brazilian Provisional Measure No. 2,200-2/2001 and article 784, paragraph 4, of the Brazilian Code of Civil Procedure, as added by Law No. 14,620/2023.

15. Jurisdiction and governing law

15.1. These Terms are governed by and construed in accordance with the laws of the Federative Republic of Brazil. The courts of São Paulo/SP shall have jurisdiction to resolve all disputes arising from these Terms, the Parties waiving any other, however privileged it may be.