Terms of Use

This document establishes the general terms and conditions ('Terms of Use') that you must accept and comply with when accessing and using the TopStudios - Agenda and Cake - Agenda/Confectionery - Agenda applications, as well as their respective websites.

Acceptance of these Terms of Use is absolutely indispensable for the use of the TopStudios - Agenda and Cake - Agenda/Confectionery - Agenda applications. If you do not agree with any condition, we advise you not to use the aforementioned applications.

1- General Information

1.1 The TopStudios - Agenda and Cake - Agenda/Confectionery - Agenda applications are managed by Develoops, registered under CNPJ number 38.042.820/0001-19.

1.2 Any individual or legal entity wishing to use the aforementioned applications must, initially, read these Terms of Use, ensure that they have understood and accepted all the conditions established herein.

1.3 The User must be aware that we reserve the right to eventually require any official document, proof, and/or additional data from the User in order to verify the veracity of the personal information submitted at the time of registration.

2- Subscriptions and cancellation

2.1 This section applies to all users who choose to subscribe to our services through mobile applications. It is important to note that all subscription transactions are processed directly by the Google Play Store and Apple App Store, as applicable. Below, we detail some relevant points:

• Financial Data Storage: We do not retain any financial information, such as credit card numbers or payment details, on our servers. All financial information necessary to process subscription payments is collected and managed by the Google Play Store and Apple App Store. We recommend consulting the privacy policies of these stores for detailed information on how your financial data is handled.
• Subscription Cancellation: The user can cancel the subscription at any time. To cancel your subscription, it is necessary to perform the procedure directly in the app store through which the subscription was made (i.e., Google Play Store or Apple App Store). It is important to emphasize that canceling your account in our application does not ensure the automatic cancellation of your subscription. We recommend following the cancellation procedures provided by the app store to ensure that your subscription is successfully terminated.
• Account Deletion: Deleting your account in our application does not guarantee the automatic cancellation of your subscription. Your subscription will remain active unless you cancel it through the relevant app store, such as the Google Play Store or the Apple App Store. We suggest following the appropriate procedures on these platforms to ensure the effective cancellation of your subscription if you choose to delete your account in our application.

3- Account Deletion Due to Inactivity

3.1 All free accounts that remain inactive for 180 days will be removed from our database. All data associated with the account will be permanently deleted and cannot be recovered. This policy applies exclusively to accounts without an active subscription, i.e., free accounts.

3.2 Inactivity is defined as the lack of login to a registered account, whether through the mobile application or the web version. If your account is deleted due to inactivity, you can use the same email address to create a new registration.

4- Rights, Duties, and Obligations of Users

4.1 By using our services, you declare and guarantee your commitment to act ethically and lawfully and to respect the terms of use, including:

I- Not to access the applications through fraudulent means;

II- To use the applications only for the purposes for which they were constituted;

III- Not to use the applications for the publication, creation, storage, and/or disclosure of:

• Abusive content with defamatory, obscene, or offensive character.
• Contents that may encourage discriminatory attitudes, violence, or the practice of crimes.
• Contents that offend good morals and ethics. Or still, contents that contravene public order;
• Defamatory and slanderous information, contrary to honor, personal and family intimacy, or contrary to the image of people, including legal entities, entities, and organizations, as well as Develoops itself.
• Political propaganda or third-party advertising;
• Any type of promotion involving luck, contest, voucher, or giveaway, or in which there is the free distribution of prizes for advertising to final consumers.

IV- To provide true information and keep your registration data updated.

4.2 You are solely responsible for the integrity and accuracy of the information entered into our platform. You are civilly and criminally responsible for the effects arising from the irregular use of third-party information or false information.

4.3 You are solely responsible for your login information and password. It is your responsibility to maintain the confidentiality and security of this data, as they determine your digital identity and all acts performed in your name, including by third parties who have access to your data.

Login and password information is strictly personal and confidential. Under no circumstances should they be shared, transferred, or sold, nor should any rights of use be transferred to third parties.

If there is any incident with your login and password data, such as theft, loss, misplacement, or suspicion of security compromise, it is important that you change your password immediately and notify us through our customer service channels. The goal is to prevent damage that may be difficult to remedy.

4.4 If there are reasons to believe that you are violating or facilitating the violation of these Terms of Use, or if there is suspicion of inaccurate information or criminal activities, which may result in any violation of applicable law or use of the application for illegal, unlawful, or immoral purposes, we reserve the exclusive right, at our discretion and convenience, to suspend or delete your access account to the application, as well as to remove any content that you have inserted into the application.

4.5 Non-compliance with any clause of these Terms of Use may result in civil and criminal liability, when applicable.

5- System or Database Violations

5.1 In addition to the other prohibitions mentioned in these Terms of Use, it is strictly prohibited:

I- Access programming areas of the applications or corresponding websites, their databases, source codes, or any other set of information related to the activity of the application administrators.

II- Perform any action that may harm the applications through malicious codes or other devices that may be developed.

III- Exploit or benefit from vulnerabilities or flaws in the programming of the applications and websites, or act similarly, which may result in damages.

IV- Perform or allow reverse engineering. Translate, decompile, copy, modify, reproduce, rent, sublicense, publish, disclose, transmit, lend, distribute, or otherwise dispose of the query tools of these applications and their functionalities.

5.2 Any violation of the above prohibitions may result in legal action, including the suspension or deletion of the user's account, depending on the severity of the infringement. Additionally, any action or use of devices, software, or other resources that interfere with the activities and operations of the applications mentioned in these Terms of Use, whether in their respective websites, advertisements, descriptions, accounts, or databases, is prohibited.

5.3 Any interference, attempt, or activity that violates or contradicts intellectual property law and/or the prohibitions established in these Terms of Use will subject the responsible party to appropriate legal measures and penalties, in addition to being responsible for indemnification for any damages caused.

6- Responsibilities

6.1 By using the Platform, including the applications mentioned in these Terms of Use and their respective websites, the User agrees to indemnify and hold Develoops, its administrators, directors, associates, employees, subsidiaries, agents, and partners harmless from any liabilities, losses, direct, indirect, incidental, special, or consequential damages. This includes personal injury, death, infringement, or damage to intellectual property, publicity rights, and invasion of privacy arising from or related to the Platform, as well as your registration and participation therein. This disclaimer of liability equally extends to any loss of profit, revenue, business, opportunities, or anticipated savings, regardless of whether we have been advised of the possibility of such damages.

6.2 The materials on the platform are provided 'as is.' We do not offer any warranties, express or implied, and therefore disclaim and deny all other warranties, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other rights.

6.3 Develoops strives to offer continuous availability of the Platform, except during technical maintenance periods. However, there is no guarantee of uninterrupted availability. There is susceptibility to extraordinary events: natural disasters, failures, or collapses in central communication systems and internet access or third-party facts. These are beyond the surveillance and responsibility of Develoops.

6.4 In this sense, Develoops shall not be liable, under any circumstances, for any damages arising from the interruption of access to the Platform or failures in its operation caused by third-party events, fortuitous events, or force majeure. Likewise, Develoops is not responsible for any loss of utility that users may attribute to the Platform, nor for difficulties in accessing it.

6.5 Develoops adopts best security practices to protect users' personal data on the Platform. However, the company shall not be liable for damages arising from unauthorized third-party access to users' information. This includes the actions of hackers or other illicit activities.

6.6 Any advertisements or disclosure of third-party links on the Platform are not the responsibility of Develoops. Caution is recommended when accessing these links, and it is the user's sole responsibility to navigate these pages.

6.7 The materials displayed on the platform may contain technical, typographical, or photographic errors. We cannot guarantee that all content on the platform is accurate, complete, or up-to-date. Develoops reserves the right to make changes to the materials contained on its site at any time, without prior notice. However, we do not commit to updating these materials.

6.8 Develoops reserves the right to make changes to the Platform, including these Terms of Use, without the need for user consent or payment of any compensation for this.

7- Registration

7.1 The functionalities of the applications mentioned in these Terms of Use are available only to registered individuals. To register and use them, you must provide some personal data. Additionally, you must create a strong password for your identification and authentication.

7.2 Access to the restricted area for registered individuals is done by login and password identification or through other sites authorized by the Platform (social login).

7.3 To register, you must provide true and updated information. In case of incorrect, untrue, or unconfirmed information, we reserve the right not to complete the registration or to block the existing registration until the situation is rectified.

7.4 We will use the email provided at registration as the primary means of communication, including if necessary in the password change process. Therefore, it is your responsibility to provide a valid email and configure anti-spam systems to ensure receipt.

8- Scheduling

8.1 The services, schedules, and prices available on the Platform are entered by registered establishments/professionals and may be changed by them at any time. The Platform does not verify the availability and schedules of establishments/professionals and is not responsible for problems in this regard.

8.2 Confirmation or cancellation of the client's appointment is the responsibility of the establishment/professional.

9- Data Protection

9.1 We, Develoops, assume responsibility for the Users' Personal Data collected through the Platform and are committed to treating them securely and in accordance with applicable laws. Your personal data will be processed in accordance with these Terms of Use and our Privacy Policy, which is available for consultation. If you have any questions or need more information, please contact us through the following channels:

Email: [email protected]

Phone: +55 83 99302-4806

10- Copyright

10.1 All content is our exclusive property or license. Including: information, images, videos, trademarks, business name, or domain name. Likewise for programming codes, databases, networks, files, and other data available on the Platform. For all, regardless of language or presentation form.

10.2 Your use of the Platform does not grant any transfer or license of ownership over its content. Therefore, the total or partial reproduction of the content available on the Platform for purposes not expressly authorized in this Term is prohibited. Commercial, advertising, or any other use that contravenes the purpose for which the Platform was conceived is prohibited. The user is subject to administrative and legal sanctions, including criminal ones, if they adopt such practices without the prior and express approval of Develoops.

11- Communication

11.1 We value transparency and open communication with our users. If you have any questions, concerns, or need more information about our services, we are here to help. You can contact us through the following means:

Email: [email protected]

Phone: +55 83 99302-4806

11.2 Our support team will be happy to assist you with any questions you may have about the application.

12- Amendment of Terms of Use

12.1 Develoops reserves the right to change these Terms of Use at any time, at its sole discretion, with the aim of improving and enhancing the services provided, whether for legal, regulatory, technical, or due to changes in the services offered.

12.2 By using this platform, the user agrees to be bound by the current version of these Terms of Service. If the User does not agree to the amended terms, they may terminate the use of the services at any time and request the deletion of their registration in the Applications, using the customer service channels available in items 7 and 12 of these Terms of Use.

13- Jurisdiction

13.1 These Terms of Use are governed by the laws of the Federative Republic of Brazil and shall be interpreted in the Portuguese language. The Court of Patos, State of Paraíba, is hereby elected to resolve any disputes or issues arising from these Terms of Use and the legal transaction hereby entered into.