By means of this private instrument of Electronic Adhesion Contract, on one side:
HOLDING SIX SOCIEDADE ANÔNIMA, a private legal entity, registered with the CNPJ under No. 32.803.097/0001-67, with headquarters at Alameda Xingu, No. 350, 14th floor, Alphaville, Barueri/SP, CEP 06455-911, herein represented in accordance with its Bylaws, hereinafter simply referred to as HOLDING SIX or CONTROLLER;
And, on the other side,
The natural person of legal age and fully capable, or the duly constituted and duly represented legal entity, who accesses or uses the Platform, hereinafter referred to as USER;
They agree to establish these Terms and Conditions of Use, which shall be governed by the following clauses and conditions.
FIRST CLAUSE – LEGAL NATURE AND ACCEPTANCE
1.1. This instrument constitutes an electronic adhesion contract, pursuant to arts. 421, 422 and 425 of the Civil Code, as well as art. 7 of the Internet Civil Framework (Law No. 12,965/2014).
1.2. Access to or use of the Platform implies full, irrevocable and irreversible acceptance of these Terms.
1.3. If the USER does not agree with any provision set forth herein, they must immediately cease using the Platform.
SECOND CLAUSE – SUBJECT MATTER
2.1. This instrument governs the terms of access to and use of the digital platform maintained by HOLDING SIX, as well as establishes the rules relating to the processing of personal data, pursuant to Law No. 13,709/2018 (LGPD), the Internet Civil Framework and other applicable regulations.
2.2. The Platform may provide institutional information, technical content, business opportunities and related contractual instruments.
2.3. Use of the Platform does not constitute a public offering of securities, a promise of profitability or a guarantee of results, pursuant to Law No. 6,385/76.
THIRD CLAUSE – REGISTRATION AND USER LIABILITY
3.1. Registration may be required to access certain features.
3.2. The USER declares that:
I – has full legal capacity;
II – provides true, complete and up-to-date information;
III – assumes full civil and criminal liability for the truthfulness of the data provided.
3.3. Access credentials are personal, non-transferable and for the exclusive use of the USER.
3.4. HOLDING SIX is not responsible for unauthorized access resulting from the USER's negligence in safeguarding their credentials.
3.5. HOLDING SIX may suspend or cancel accounts, without prior notice, in the event of:
I – indications of fraud;
II – breach of contract;
III – legal violation;
IV – risk to the integrity of the Platform or third parties.
FOURTH CLAUSE – RISK NOTICE AND WARRANTY DISCLAIMER
4.1. The USER acknowledges that transactions eventually disclosed or intermediated through the Platform may involve relevant economic, legal and financial risks.
4.2. Inherent risks include, among others:
I – partial or total loss of capital;
II – lack of liquidity;
III – contractual default;
IV – market fluctuations;
V – regulatory risk.
4.3. HOLDING SIX does not guarantee profitability, repurchase, liquidity, minimum return or preservation of capital.
4.4. Any decision made by the USER is solely their responsibility, with no joint liability, co-obligation or strict liability on the part of HOLDING SIX, except in cases expressly provided by law.
FIFTH CLAUSE – LIMITATION OF LIABILITY
5.1. Pursuant to art. 393 of the Civil Code, HOLDING SIX shall not be liable for fortuitous events or force majeure.
5.2. HOLDING SIX is not responsible for:
I – connection failures, cyberattacks or system unavailability;
II – acts of third parties;
III – USER's business decisions;
IV – lost profits, indirect damages or loss of opportunity.
5.3. Any liability of HOLDING SIX, when judicially proven, shall be limited to the amount actually paid by the USER for direct use of the Platform in the 12 (twelve) months prior to the event.
SIXTH CLAUSE – PROCESSING OF PERSONAL DATA
6.1. HOLDING SIX shall act as the Controller of the personal data collected.
6.2. Processing shall observe the principles of art. 6 of the LGPD.
6.3. The legal bases may include:
I – contractual performance (art. 7, V, LGPD);
II – compliance with a legal obligation (art. 7, II);
III – legitimate interest (art. 7, IX);
IV – consent (art. 7, I), when applicable.
6.4. HOLDING SIX shall adopt technical and administrative security measures, pursuant to art. 46 of the LGPD.
6.5. The CONTROLLER is not responsible for incidents arising from the exclusive fault of the data subject or third parties.
SEVENTH CLAUSE – SHARING AND INTERNATIONAL TRANSFER
7.1. Data may be shared with:
I – technology service providers;
II – business partners;
III – public authorities.
7.2. International transfers shall comply with arts. 33 to 36 of the LGPD.
EIGHTH CLAUSE – COMPLIANCE, ANTI-CORRUPTION AND PREVENTION OF MONEY LAUNDERING
8.1. The USER declares full compliance with:
I – Law No. 12,846/2013 (Anti-Corruption Law);
II – Law No. 9,613/1998 (Prevention of Money Laundering);
III – anti-terrorism financing legislation.
8.2. HOLDING SIX may conduct KYC (Know Your Customer) procedures and due diligence.
8.3. Refusal to provide information may result in immediate account blocking.
NINTH CLAUSE – INTELLECTUAL PROPERTY
9.1. All content of the Platform is protected by Law No. 9,610/98 and Law No. 9,279/96.
9.2. Reproduction, distribution or reverse engineering without express authorization is prohibited.
9.3. Violation shall give rise to civil and criminal liability.
TENTH CLAUSE – TERMINATION AND BLOCKING
10.1. HOLDING SIX may unilaterally terminate this contract at any time, without the need for cause, by simply deactivating access.
10.2. The USER may request account closure, subject to any outstanding obligations.
ELEVENTH CLAUSE – CHANGES
11.1. HOLDING SIX may modify these Terms at any time.
11.2. Continued use will imply acceptance of the changes.
TWELFTH CLAUSE – JURISDICTION AND LAW
12.1. The laws of the Federative Republic of Brazil shall apply.
12.2. The jurisdiction of the District of São Paulo/SP is hereby elected, to the exclusion of any other, however privileged it may be.
