TERMS OF USE OF OHMRESEARCH DIGITAL PLATFORM
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Introduction:
1.1. These Terms of Use (“Terms”) govern your right to access, as an individual or legal entity, and use the application, Internet site and other services offered by the OHMRESEARCH platform (“Platform”) owned by Bellevarde Consultoria e Análise de Títulos e Valores Mobiliários Ltda., a limited liability company registered with the National Registry of Legal Entities (CNPJ/MF) under No. 35.573.785/0001-76 (“OHMRESEARCH”).
1.2. By accessing and using the Services, you agree that these Terms and the Privacy Policy (“Privacy Policy”) govern your relationship with OHMRESEARCH and contain the conditions and rules applicable to the relationship between You and the Platform. If you do not agree to these Terms, you should not use or access our services.
1.3. Over time, OHMRESEARCH may change these Terms. If we change these Terms, you will receive a notice through the Platform or your registered email, so that you may accept the new terms. The amended conditions, if any, shall become effective upon their posting on the Platform. Your continued use of the services or access to the platform five (5) days following the posting of such amendments will mean that you have fully and tacitly accepted the new Terms of Service.
1.4. You will be asked to accept the Terms upon accessing the platform for the first time after they have been amended to continue using the platform. If you do not agree to the changes, you must cancel your account and stop using the Platform.
1.5. The Platform’s Privacy Policy (hiperlink), which governs the collection and use of personal information related to the Platform, is available on the footer of the website.
1.6. PLEASE CAREFULLY READ THE PRIVACY POLICY BEFORE CONFIRMING YOUR AGREEMENT WITH THESE TERMS.
1.7. Additional terms may apply to certain Services or to the relationship. Additional Terms are supplementary to and considered an integral part of these Terms for the purposes of the related Services or relationship. In case of conflicts with respect to the Services or the relationship, the additional terms shall prevail over these Terms.
2. What is the OHMRESEARCH Platform?
2.1. Through OHMRESEARCH’s mobile application or Internet site (“Applications”), the Platform allows analysts, experts (“Contributors”), subscribers and visitors (You) to share analytical reports on investments, surveys, industry analyses and other documents, as well as other Services available through OHMRESEARCH’s website and applications (www.ohmresearch.com.br).
2.2. Analysts are individuals or legal entities authorized to operate with and accredited by entities authorized by the Brazilian Securities and Exchange Commission (“CVM”), interested in sharing analytical reports on securities that may assist in making investment decisions.
2.3. Experts are individuals or legal entities noted for their knowledge in a particular sector of the economy, macroeconomics, countries or other subjects, interested in sharing their reports through the platform.
2.4. RI are corporations, public company that issued stocks or bonds and are interested in sharing information with the users ( “RI”).
2.5. Subscribers are individuals or legal entities that wish to access the content of the Platform and hold a client account with OHMRESEARCH (“Subscribers”).
2.6. Visitors are any individuals or legal entities that access the OHMRESEARCH Platform and are not included in the previous definitions (Visitors).
3. Your relationship with OHMRESEARCH
3.1. To use OHMRESEARCH, you must register for and maintain a Subscriber account (“Account”). You must be at least 18 years of age or of the legal age required by your jurisdiction (if you are not 18 years of age) to open an Account. Account registration requires you to provide OHMRESEARCH with certain personal or legal information, such as your individual name or trade name, address, landline and mobile phone number, and age, as well as at least one valid payment method.
3.2. You agree to keep the information in your Account correct, complete and up-to-date. If you do not keep information in your Account correct, complete, and up-to-date, or if the given payment method is invalid or expired, you may be unable to access and use the Platform. You are responsible for all activities performed in your Account and you agree to always maintain the security and confidentiality of your Account’s username and password.
3.3. The Services to be provided by the Contributors for use through the Platform are as follows: (i) preparation of reports or databases intended for publication, dissemination or distribution on the Platform to all users ( “Flow”); (ii) sale of reports indicated on the Platform, but accessible to You only upon purchase for the agreed price, preparation of exclusive reports upon demand, telephone conversations between the Contributor and You; and, face-to-face meetings with You ( “Bespoke”), all of them (“Services”).
3.4. The Services to be provided by the RI for use through the platform are as follows: comments answers and other interaction through the designed area of website managed by RI (”Módulo RI”).
3.5. The Contributor and the RI will act as a third-party independent provider of the Services for You (“Services”). Your relationship with OHMRESEARCH is that of the user of the Platform and Applications. The Platform Services are available for your use only and must not be transferred or assigned to third parties.
3.6. Acquiring the Services ensures the Subscriber’s access to the content agreed under these Terms by means of a login and password to the Applications. The frequency of availability of reports and other services varies according to the product purchased; check the specifications of the package acquired by You at Service Packages section.
3.7. Upon creating an Account at OHMRESEARCH, you become contractor of the free content of the platform.
4. Your Duties, Obligations, and limitations regarding the use of the Platform
4.1. The following duties and obligations apply to You: (i) You shall not authorize third parties to use the Platform; (ii) You shall not assign or otherwise transfer your license to use the Platform to any other person or entity; (iii) You agree to comply with all applicable laws when using the Platform; (iv) You shall not cause disruption, disturbance, inconvenience or damage to the image or property of other Users; (v) You shall not disclose any information arising from any contact with other Users (whether related to investments, personal data or any other kind of information).
4.2. The following limitations apply to You: You shall not: (i) remove any notice of copyright, trademark right or other proprietary rights to any information or material used on the Platform; (ii) reproduce, modify, prepare derivative works, distribute, license, lease, sell, resell, transfer, display, or transmit information or materials obtained through the platform, in violation of any applicable legislation; (iii) decompile, reverse engineer or disassemble information or materials in violation of any applicable legislation; or (iv) impair any aspect of the Platform, its related systems or networks; (V) violate intellectual property rights or any other type of rights owned by OHMRESEARCH and its Contributors.
4.3. If requested, You agree to provide any information or document required by OHMRESEARCH that, at OHMRESEARCH’s discretion, proves compliance with laws, regulations, standards or rules applicable to You.
4.4. OHMRESEARCH may suspend your access to the Platform at any time without prior notice in the event of identified or suspected noncompliance with any applicable law, regulation, rule, or OHMRESEARCH Policy, applicable to the use of the Platform, in order to preserve the rights of either OHMRESEARCH or third parties.
5. Acquiring the services and making payments to OHMRESEARCH
5.1. You may acquire the Services of a Contributor or Contributors through the Platform for a monthly or unit price (“Price”) as follows: (i) time-based subscription to the platform with access to content published by Contributors according to the chosen plan; (ii) acquisition of reports or exclusive made-to-order reports or holding telephone or face-to-face conversations as defined between You and the Analyst.
5.2. In the ‘subscription plans’ (hyperlink) section of the platform, You will find all types of service acquisition offered by OHMRESEARCH. Following acquisition, OHMRESEARCH will enable the payment of the related Price on behalf of the Contributors as their limited payment collection agent. Payment of the Price in this manner shall be considered the same as payment made directly by you to the Contributors.
5.3. You may not cancel OHMRESEARCH’s services unless explicitly defined in the terms of your subscription plan. Service cancellation must be requested at least seven (7) days in advance by email (plataforma@ohmresearch.com.br).
5.4. For cancellations requested within the deadline established in the B razilian Consumer Protection Code (7 days), You will be entitled to a full refund of the amount paid, as this is considered a trial period in any Plan offered by OHMRESEARCH. OHMRESEARCH will refund the full amount paid by the subscriber based on the payment method chosen upon purchase, once OHMRESEARCH has actually received the corresponding amount paid by the Subscriber. OHMRESEARCH will credit the amount back to the Subscriber within fifteen (15) days after all related information has been received.
5.5. The Price paid by you is final and non-refundable, unless otherwise determined by OHMRESEARCH. When You order a report directly from a Contributor through the use of the ‘Bespoke’ tool, the corresponding amount to be paid for such report shall be freely and previously negotiated and agreed between You and the Contributor, with no interference in such negotiation by OHMRESEARCH. OHMRESEARCH hereby agrees to acknowledge and apply the amount (s) duly negotiated and agreed.
5.6. The payment of the Price will be made in a secure environment using the payment method indicated in your Account; OHMRESEARCH will send a receipt to Your registered email. Access to the acquired content will be available immediately after confirmation of payment by the payment solutions company used by OHMRESEARCH. If your payment method is determined to have expired, OHMRESEARCH will contact You to request an alternate payment method.
5.7. OHMRESEARCH is responsible for compensating the Contributors for the Price paid by You, after deducting taxes and charges related to the provision of Platform services, as defined in the contract entered into between OHMRESEARCH and the Contributor.
6. OHMRESEARCH’s responsibilities
6.1. Under the Terms herein, You acknowledge that OHMRESEARCH: (i) does not generate its own analytical reports, nor does it provide guidance, recommendation and advice services in a professional, independent and individualized manner on investments in the securities market; (ii) it is not responsible for compliance with the legal standards and requirements applicable to the Contributors and other service providers indicated on the Platform; (iii) it does not act as a securities broker and does not replace consultants and advisors specialized in the acquisition of financial services, even if such services may be indicated on the Platform. (IV) THE ADOPTION OR IMPLEMENTATION OF ANY RECOMMENDED STRATEGIES IS THE EXCLUSIVE RESPONSIBILITY OF USERS, SINCE OHMRESEARCH DOES NOT INTERFERE WITH OR MANAGE THE DECISIONS MADE BY ITS USERS.
6.2. OHMRESEARCH only provides the Applications and subsidies that allow and encourage Users to meet through the Platform.
6.3. OHMRESEARCH DOES NOT INSPECT ANY CONTENT PUBLISHED ON THE PLATFORM. THE CONTRIBUTORS, RIs ARE INDEPENDENT IN THEIR OPINIONS, ACTIONS, VIEWS AND UNDERSTANDINGS.
6.4. OHMRESEARCH may verify the content, exclusively after it has been posted, and solely as a way of ensuring the quality of and compliance with the rules and Policies of OHMRESEARCH, but not the views and opinions expressed therein. Thus, OHMRESEARCH is not responsible for the conduct and opinions expressed on the Platform.
6.5. IF YOU NOTICE ANY ABUSE OR VIOLATION OF USER RIGHTS, REPORT IT IMMEDIATELY TO OHMRESEARCH’S COMPLIANCE DEPARTMENT (compliance@ohmresearch.com.br).
6.6. OHMRESEARCH shall not be liable for: (i) indirect, incidental, special, punitive or consequential damages, including loss of profits, loss of data, pain and suffering or property damage, associated with or arising out of any use by You of the Platform; (ii) any damage, liability or damage arising out of your use of the Platform or your inability to access or use the Applications, or any operation or relationship between the Contributors and You, even though OHMRESEARCH has been advised of the possibility of such damages; (iii) OHMRESEARCH shall not be liable for delays or failures arising out of causes beyond the reasonable control of OHMRESEARCH, nor for the quality and integrity of the reports provided by other Users.
7. About OHMRESEARCH Platform License:
7.1. Subject to compliance with these Terms, OHMRESEARCH grants You a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on personal devices (smartphone, tablet, and/or personal computer), exclusively for access and use of the Platform as a means of providing Services; and (ii) access and use any content, information and related material that may be available through the Platform, in each case, for its use as a means of using the contents of the Platform. Any rights not expressly granted by these Terms are reserved to OHMRESEARCH.
8. About the provision of third-party services:
8.1. Mobile telephone operators, Internet sites or other accessories that allow your access to the Applications are independent third parties to these Terms and are not responsible for the services. Likewise, OHMRESEARCH is not responsible for the services offered by them. Your access to the Applications through these operators is subject to the conditions established in their corresponding terms of use and services.
9. OHMRESEARCH property rights:
9.1. The Platform and all rights thereto are and shall remain the property of OHMRESEARCH. These Terms neither grant you nor confer upon you any rights to the Platform, except for the limited license granted above, or to use or otherwise refer to trade names, logos, product names, trademarks or service marks of the Platform, OHMRESEARCH or any of OHMRESEARCH’s licensors or licensees.
10. Access to the network and equipment:
10.1. OHMRESEARCH does not warrant that the Platform, or any part thereof, will operate on all equipment or specific devices, nor does it guarantee the full-time functionality of the Applications, subject to the stability of its connection and servers.
11. Disclaimer:
11.1. OHMRESEARCH disclaims all explicit, implied, or statutory representations and warranties not expressly set out in these Terms, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
11.2. OHMRESEARCH makes no representation or warranty guarantee regarding the reliability, timeliness, quality, suitability, or availability of the services or goods requested or provided through the Platform, or that the services will be uninterrupted or error-free.
12. Applicable legislation:
12.1. These Terms shall be governed by and construed exclusively in accordance with the laws of Brazil. Any claim, conflict or controversy that may arise from these Terms, including their validity, interpretation or enforceability, shall be settled exclusively by one of the courts under the central jurisdiction of the São Paulo Judicial District.
13. General:
13.1. You may not assign or transfer all or any part of any obligations or rights under these Terms.
13.2. Each of the provisions of these Terms is enforceable and if one or more provisions are declared invalid, the remaining provisions shall remain in force.
13.3. Failure to enforce or to require the performance at any time of any of the provisions of Terms hereunder shall not be construed to be a waiver of such provision, and shall not affect either the validity of these Terms or any part hereof or the right of either Party hereto to subsequently enforce compliance with any and all provisions contained herein.
14. Your agreement with the Terms:
UPON CLICKING THE PROVIDED BOX, YOU CONFIRMED THAT YOU HAVE READ, UNDERSTAND AND ACCEPT THE TERMS OF THIS TERMS OF USE.