This Annex is an integral and inseparable part of the APPMAX Terms and Conditions of Use ("Agreement") and aims to indicate an illustrative and non-exhaustive list of products that can and cannot be marketed by ESTABLISHMENTS ("Use Policy").
Single clause
1. The Usage Policy may be constantly updated or changed by APPMAX, without the need for prior notice, and APPMAX may at any time, at its discretion, prohibit the sale of products or services registered in the APPMAX System, which it understands to pose risks to Holders or to APPMAX.
2. In case of doubts about the possibility of marketing a product that is not indicated in this Usage Policy, ESTABLISHMENTS should consult the legislation or contact APPMAX.
3. ESTABLISHMENTS may not use APPMAX Services for the sale or purchase of products involving:
(a) Violation of any provision of Brazilian legislation, including those emanating from health surveillance, agriculture, animal protection, mineral production and the army;
(b) Drug trafficking, including narcotics, anabolics, narcotics, hormones, medicines in general, illicit or controlled substances, steroids, inputs, hallucinogens, poisons (including pesticides, pesticides, their components and the like), illicit drugs, substances that mimic drugs and /or psychoactive products, products/services specifically offered or intended to be used to create drugs or grow ingredients for drugs or any other substance that poses a health risk (which may include certain cosmetics, vitamins, hygiene and cleaning products, among others similar products that contain chemical components or of animal or plant origin);
(c) Any crimes or commercialization of products object of crimes, including products object of robbery, theft or other property crimes;
(d) Trade in bladed weapons, firearms, ammunition, explosives, grenades, fireworks, parts or components for the construction of weapons and replica weapons or similar products;
(e) Prostitution, human trafficking, exploitation of images of minors or objects that promote sexual crimes and pedophilia, as well as abortion pills, equipment aimed at performing abortions or that facilitate, encourage or promote the practice of other crimes;
(f) Sale of obscene products or products that contain images of sexual behavior, exploitation of a minor, mutilation of a person, animal or organ and bestiality, offering escort services and sexual services, escort agencies/massage parlors, services with pornographic content;
(g) Promotion of hatred, violence, discrimination, racial or ethnic intolerance, riots and protests, terrorism, harassment or abuse;
(h) Reproduction, imitation, recreation, modification, copying or replica of any product that violates any copyright, trademarks, patents, industrial designs, industrial secrets and industrial or intellectual property of third parties, or that violates industrial property, Brazilian legislation or any other country, products that contain software for OEM, NFR, copies and/or backup files, license, academic programs and/or developed for some educational entity or industrial secrets;
(i) Disrespect for the honor, image, private life, personal or family intimacy of third parties;
(j) Genetically modified organisms, as well as organs, tissues, bones, limbs, mortal remains and other products related to the human or animal body;
(k) Precious metals, precious stones, jewelry, antiques and works of art that do not have documentation that attests to their legal origin, as well as the respective tax documentation;
(l) In any case, even if indirectly, it has the purpose or support of committing or preparing for a terrorist act; and/or
(m) Concealment, handling, investment or use of valuables or other assets arising from criminal activities or to give the appearance of legality to funds arising from such activities.
4. The hypotheses listed above are merely illustrative and not exhaustive, and must be interpreted comprehensively; APPMAX may establish other activities and/or products that are prohibited and understood to be inappropriate or illegal, at its sole and exclusive discretion, or by virtue of Brazilian legislation.
4.1. Regardless of the example list above, it will be up to ESTABLISHMENTS, before selling or purchasing any product, to verify the legality of the products, activities, advertisements and means of dissemination, in accordance with Brazilian legislation.
5. APPMAX is committed to combating money laundering and all acts that may constitute a crime, and activities that violate Brazilian legislation are not tolerated, such as, but not limited to: (i) financial pyramids or illegal schemes that offer to Customers money in a short period such as misleading advertisements, lottery tickets, prize cards, gambling, bingo, prohibited games and the sale of slot machines or that promise to produce currency; (ii) purchases of annuities or lottery or off-shore contracts to finance or refinance debt; (iii) sale of non-existent or unsold products; (iv) sale of credit securities or exclusive products of financial institutions, the Stock Exchange, or those regulated by the Central Bank of Brazil, the Securities Commission or the World Trade Organization; (v) debt settlement, credit recovery, loan, card issuance or criminal organization financing services; (vi) involving a corruption scheme, money laundering, embezzlement, evasion of currency or any other crime provided for by law; (vii) that in any way violate or disobey customs rules; and (viii) products that promise success in lotteries or games of chance.
6. Violation of industrial property rights will result in the ESTABLISHMENT's liability, of a civil and criminal nature, in accordance with the penalties provided for in Brazilian legislation and in other countries.
7. APPMAX will contribute to the authorities that may request information, documents, clarifications, complaints or verification of activities that may infringe provisions in the Legislation or third-party rights. Whenever possible, APPMAX will inform ESTABLISHMENTS about any of the requests.
8. Given the nature of the Services provided under the Agreement, APPMAX may inspect the activities of the ESTABLISHMENTS, the products advertised on the platforms and purchases made by customers, in order to verify compliance with this Usage Policy.
8.1. If a violation of this Usage Policy is found, through complaints, APPMAX may suspend the provision of the Services, withhold payments arising from the Transactions, in accordance with the conditions set forth in the Agreement and even terminate the provision of the Services.
8.2. In case of doubts regarding the terms and conditions of this Usage Policy, ESTABLISHMENTS may contact us through the Features or other available service channels.
9. The term of validity of this Annex will be equivalent to the term of validity of the Agreement; either Party may choose to maintain the Agreement and terminate this Annex, at any time and without reason, upon written notice.
10. The terms and conditions provided for in this Annex may be amended in the same ways provided for in the Agreement.
APPMAX PLATAFORMA DE PAGAMENTOS LTDA.