Terms and conditions of use

Updated on: September 5, 2023

PLEASE READ THESES TERMS AND CONDITIONS OF USE FOR LATITUD FORMATION (“TERMS OF USE”) CAREFULLY. USE OF THE LATITUD FORMATION PLATFORM OR SERVICES IS SUBJECT TO YOUR AGREEMENT TO AND ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO AND ACCEPTANCE OF THE LATITUD FORMATION PRIVACY POLICY (“PRIVACY POLICY”) AVAILABLE HERE. IF YOU DO NOT FULLY AGREE WITH THE TERMS OF USE, DO NOT CLICK “I ACCEPT THE TERMS AND CONDITIONS AND PRIVACY POLICY” AND DO NOT USE THE LATITUD FORMATION PLATFORM AND SERVICES. BY ACCEPTING THE TERMS OF USE, YOU ACKNOWLEDGE AND CONSENT FREELY AND SPONTANEOUSLY TO THE CONTENT SET FORTH HEREIN.

The Terms and Conditions of Use govern the use of the Latitud Formation platform (“Platform” or “Latitud Formation Platform”) and the contractual relationship between Latitud, Inc and its Affiliates (jointly “Latitud Formation”) and the Users of the Platform.

Under the Terms of Use, Latitud Formation, (“We”, “Us” or “Our”) provides a Platform and associated services aimed at helping Users from Latin America to dissolve borders and elevate their businesses to a world stage.

DEFINITIONS

Capitalized terms used in the Terms of Use shall have the meaning defined below:

“Affiliates” means any person, organization or company controlling, controlled by or under common control with any of the Parties;
“Consent” means a freely given, informed and unambiguous authorization through which the Data Subject agrees to the processing of their Personal Data for a specific purpose;
“Consumer Defense Legislation” means all laws, rules, regulations, requirements and guidelines related to consumer protection, including, but not limited to, Law No. 8,078/1990("Consumer Defense Code" or "CDC");
“Data Protection Law” means Law No. 13,709/2018 ("Brazilian General Data Protection Law” or "LGPD"), its subsequent amendments, and any other laws and regulations regarding the Processing, protection and privacy of Personal Data that may be applicable, as well as any applicable, all guidelines, rules, ordinances, regulations and codes of conduct issued by the National Data Protection Authority (“ANPD”) or other relevant Personal Data protection or supervisory authority;
“Data Subject” means an individual whose Personal Data is processed by the Platform;
“Latitud Formation Platform” or “Platform” means the Platform developed and provided by Latitud Formation, aimed at helping Users from Latin America to dissolve borders and elevate their businesses to a world stage. The Platform provides information, resources and access to specialized services to assist Users in incorporating an international corporate structure that is venture-capital-friendly in multiple jurisdictions in an agile, streamlined and efficient manner. The Platform does not provide legal and other specialized services;
“Personal Data” means any information, whether true or untrue, directly or indirectly related to an identified or identifiable individual;
“Privacy Policy” means the Privacy Policy governing the Latitud Formation Platform and the processing of Personal Data by Latitud Formation. The Privacy Policy is applicable to all Users and is available on here;
“Processing” means any actions performed involving a User’s Personal Data, including collection, production, reception, classification, use, access, reproduction, transmission, distribution, processing, filing, storage, elimination, evaluation or information control, modification, communication, transfer, dissemination, or extraction of data;
“Services” means the scope of the services to be provided or carried out by Latitud Formation through the Latitud Formation platform.
“User” means an individual 18 (eighteen) years or older, with full legal capacity, acting in their own name or on behalf of a legal entity, accessing the Platform or using the Services upon having accepted the Terms of Use and the Privacy Policy.

ABOUT THE PLATFORM

Latitud Formation Platform is a Platform aimed at helping Users from Latin America to dissolve borders and elevate their businesses to a world stage. The Platform provides information, planning resources and access to specialized services to assist Users in incorporating an international corporate structure that is venture-capital-friendly in multiple jurisdictions in an agile, streamlined and efficient manner. The Platform provides Users with articles, checklists, timelines and dashboards in order to facilitate the incorporation of their international corporate structure.
Upon payment of an initial fee and User approval by Latitud Formation, Users gain access to Platform resources such as articles, checklists, timelines and dashboards intended to help Users to manage the process of incorporating an international corporate structure in multiple jurisdictions, involving multiple service providers, as well as a set of template legal documents that may be used in the daily routine of the companies. Depending on the scope of the Services acquired by the User, the incorporation of said international corporate structure may include (i) the incorporation of a Cayman Islands holding company, an intermediate Delaware LLC and a local operating company (a Sociedade Limitada in the case of operations in Brazil); (ii) the incorporation of a Cayman Islands holding company and an intermediate Delaware LLC, and the flip of their own existing local operating company (a Sociedade Limitada in the case of operations in BrazilLTDA for Brazil) to be wholly owned by the Delaware LLC; or (iii) the incorporation of a Delaware LLC and a local operating company. Either structure may involve incorporation of all companies from scratch or may, at User’s request, make use of previously existing entities owned by the User, provided that Latitud Formation may, at its sole discretion, upon review of the existing entity (and before the User has paid any fees), determine whether or not the use of such existing entity is viable within the Latitud Formation framework.
The Platform does not provide legal and other specialized services. All legal and specialized services are provided by partnering companies, law firms, registries and notaries, in Brazil and abroad (“Latitud Formation Partners”).
Latitud Formation also connects its customers with partners that provide essential services for early-stage ventures, ranging from bank accounts to cap table management (“Latitud Formation Additional Partners”).
The services provided by Latitud Formation Partners and Latitud Formation Additional Partners are provided by such partners directly to the Users, and are subject to each such provider’s terms and conditions. All legal documents and templates provided through the Platform are drafted by partnering law firms and are intended to cover a majority of common use-cases, but should not, however, be construed as legal advice to the Users. Latitud Formation Partners make no representations regarding the completeness or suitability of any legal document templates offered on the Latitud Formation Platform for specific Users, who are responsible for seeking their own legal counsel to provide advice on the adequacy of the corporate structure and the legal documents and templates to their specific needs and circumstances.
To ensure the quality of the Platform, new features may be included in updates and new versions of the Platform, as well as existing features may cease to exist and/or be limited. Latitud Formation does not undertake to keep any tool, functionality or service currently offered or that has been offered in the past active, regardless of whether it was offered for free or subject to a fee.
The Terms of Use apply to all Latitud Formation platforms. Notwithstanding, the Services may be subject to specific contract terms, agreements, policies, guidelines, rules and regulations, which must be accepted when contracting or using the specific Service. Unless otherwise expressly provided in the Terms of Use, any new features that are implemented on the Platform will be subject to the Terms of Use.

TECHNICAL REQUIREMENTS FOR USE OF THE PLATFORM

The use of the Platform will necessarily depend on equipment and devices connected to an internet network, which must be independently obtained and contracted by the User. Access to and use of the Platform may be impaired due to the version of the operating system of the User device or the technical conditions of the devices.
The responsibility for adaptation and updating of devices, browsers or operating system versions for the functioning of the Platform belongs to each User individually. Latitud Formation is not responsible for any damages suffered as a result of the discontinuation of and/or changes to the Platform. Therefore, it is recommended to pay attention to Platform updates.
Access to the Platform by Users requires registration and approval by Latitud Formation. To register on the Latitud Formation Platform, the User must enter the Platform, click to register and fill in the requested data. After these steps have been successfully accomplished, the User must wait for the registration to be validated by Latitud Formation. If accepted, the User must fill in the additional information necessary for Latitud Formation to provide the Services.
The information filled in the Platform by the User will be subject to the Privacy Policy, available here.
The User will be responsible for checking that all data provided in the forms are correct, even in the case of automatic filling in of data by Latitud Formation. By filling out the forms, the User guarantees the accuracy, clarity, authenticity, legality, validity and updating of the information provided. It is the User's obligation to provide complete, truthful and accurate registration information. Users are solely and fully responsible (in all legal spheres) for any and all content provided by them.
Latitud Formation will not be obligated to monitor or inspect the User data or any additional information provided by the User, but may delete or question any data that appears to be untrue. Latitud Formation reserves the right to use all valid and possible means to confirm the identity of the User and verify compliance with the requirements for using the Platform, although it has no obligation to do so.

USER OBLIGATIONS

The User agrees to make proper and lawful use of the Platform, in accordance with applicable laws, the Terms of Use and the Privacy Policy. Thus, the User agrees to:

Comply with all applicable legislation and not use the Platform for illegal purposes or purposes that are contrary to the applicable legislation, these Terms of Use or the Privacy Policy, that are harmful to the interests or rights of Latitud Formation, other Users or third parties, or that in any way may harm, disable or deteriorate the Platform or prevent the normal use of the Platform by other Users;
Pay the initial fees in order to access and use the Platform and Latitud Formation Services;
Not to destroy, alter, disable or, in any other way, damage the electronic and other data, programs or documents available on the Platform;
Not to penetrate or test the vulnerability of the Platform or any of Latitud Formation's systems or social media, as well as not to breach, or attempt to breach, its security or authentication systems;
Not to use the Platform for, by way of reference, but not limited to, sending bulk e-mails (spam) or e-mails with illegal content;
Not to replicate information for commercial purposes without Latitud Formation's prior written consent;
Respect Latitud Formation's copyrights and intellectual property rights, other Users and third parties rights, and to not appropriate or take advantage of Latitud Formation's or Users’ intellectual property or contents, through any mechanism;
Periodically review updates to these Terms of Use and the Privacy Policy;
Not to copy, assign, license, sublicense, sell, rent, lease or guarantee, distribute, share, reproduce, donate, dispose of in any way, make available, give access to the Platform or transfer in whole or in part, in any manner, free of charge or for consideration, temporarily or permanently, the Platform software, as well as its modules, parts, manuals or any information related to it, including any content of Latitud Formation or of other Users;
Not to decompile or promote, and/or facilitate any reverse engineering, improper access or attempted reverse engineering or improper access to the Platform's source code;
Not to reproduce, adapt, modify and/or use, in whole or in part, for any purpose, the Platform or any content of Latitud Formation or other Users, without express authorization;
Not to use the Platform for the purpose of developing or operating a product similar to or competing with the Latitud Formation Platform or any other Latitud Formation product or service, or to facilitate access to the Platform by a competitor of Latitud Formation;
Provide correct information to Latitud Formation by all means necessary for the provision of services by Latitud Formation and third parties related to the provision of services by Latitud Formation; and
Ensure the suitability, integrity and truthfulness of the User and its related companies, entities, partners, members, counsels, among others, as well as the legality of the Users’ operations and compliance with the Users’ corporate purposes.

Latitud Formation reserves the right and power to determine, at its sole discretion, when it considers that there has been a violation of any of the provisions set forth in these Terms of Use, in the Privacy Policy and in the applicable legislation, in which case it will adopt the following measures (depending on the severity or recurrence of the infringement, and without prejudice to other measures that Latitud Formation may deem necessary): warning or extrajudicial notification to the User, temporary or permanent suspension or limitation of access to the Platform and/or lawsuits.
By using the Platform, Users also agree that they:

will only use the Platform for the personal and compatible purposes in accordance to which the Platform was made available by Latitud Formation and will not transfer or grant access to third parties;
will not use the Platform for the benefit of third parties and will not authorize third parties to use the User's logon data to access the Platform;
will not use the logon data of other Users to access the Platform or try to impersonate other Users;
will not use the Platform for illegal purposes, purposes contrary to the provisions of these Terms of Use, the Privacy Policy, or any applicable legislation, and will not perform any acts harmful to the rights and interests of Latitud Formation, other Users or third parties, including, but not limited to, by providing illegal material for fraudulent purposes or in violation of applicable laws;
will not use the Platform with an incompatible or unauthorized device;
will not attempt to access, use and/or manipulate Latitud Formation’s, other Users’ or third parties’ data;
will not falsify, omit or simulate IP, network or e-mail addresses as an attempt to hide their identity or authorship or hold innocent third parties responsible;
will not introduce or spread computer viruses or any other physical or logical systems and will not perform acts that may cause damage or harm to the Platform, to Latitud Formation, to other Users or third parties, including through the publication or transmission of any file that contains viruses, worms, malwares, bots, backdoor, spyware, rootkit, trojans or any other contaminating or destructive program;
will not use software, techniques and/or artifices with the intention of improperly using the Platform for practices that can or may harm Latitud Formation, other Users or third parties, such as hacking, scraping, crawling, exploits, spamming, flooding, spoofing, crashing, rootkits, etc.;
will not violate or threaten the rights and interests of Latitud Formation, other Users or third parties; and
will not perform acts contrary to morals, laws and public order, including, but not limited to, pornography, corruption, money laundering, among others.

The User agrees to defend, indemnify and hold harmless Latitud Formation and its Affiliates, directors, employees and agents, from and against any charges, actions or demands, including, but not limited to, legal fees and reasonable attorney's fees, resulting from: (i) any misuse of the Platform; (ii) User's violation of these Terms of Use, the Privacy Policy or applicable laws and regulations; (iii) the use of Personal Data in violation of the Data Protection Law, or the conditions agreed in these Terms of Use or in the Privacy Policy; and (iv) any claims related to any action or omission or in any other way related to the misuse of the Platform.

LIABILITY

The User acknowledges and accepts that Latitud Formation does not intervene in operations, activities or services performed, offered and marketed by the User. Therefore, THE USER ACKNOWLEDGES AND AGREES THAT THE USER SHALL BE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR THE QUALITY, QUANTITY, CONDITION, INTEGRITY OR LEGITIMACY OF THE PRODUCTS AND SERVICES PROVIDED BY THE USER, EXEMPTING Latitud Formation OF ANY AND ALL LIABILITY.
Latitud Formation WILL NOT BE RESPONSIBLE, UNDER ANY CIRCUMSTANCES AND IN ANY CAPACITY, FOR THE SERVICES OFFERED BY THIRD PARTIES, FOR THE RELATIONSHIP OR INTERACTION BETWEEN THE USER AND THIRD PARTIES, NOR FOR DAMAGES THAT MAY BE CAUSED BY THIRD PARTIES TO THE USER OR TO THIRD PARTIES. Latitud Formation SHALL NOT BE LIABLE FOR ANY LOSS THAT THE USER MAY SUFFER.
THE USER ALSO ACKNOWLEDGES THAT Latitud Formation DOES NOT PROVIDE ANY LEGAL SERVICES OR LEGAL OPINIONS. THEREFORE, Latitud Formation STRONGLY RECOMMENDS THE USER TO HIRE LAWYERS TO ASSIST THE USER IN ANY AND ALL CAPACITY.
The Services provided by the Platform may involve other services, channels, platforms or products provided by third parties, including, but not limited to the “WhatsApp” platform (“Third Party Services”), operated by third parties and that have no relationship with Latitud Formation. These Third-Party Services may include, for example, services for making and receiving payments, instant messaging applications, among others. In such cases, the use of such Third-Party Services will be subject to the specific terms and conditions of each Third-Party Service and Latitud Formation will not be responsible or have any interference in the relationship between the User and the Third Party, on the terms agreed or on the characteristics and quality of such Third-Party Services.
The Platform may contain links or content from other websites or from third parties that are not related to Latitud Formation, which does not mean that these websites are owned or operated by Latitud Formation. Latitud Formation has no control over any such third-party websites and will not be responsible for the contents, practices and services offered by any third parties, even when contained in Latitud Formation’s Platform. The presence of third-party content on the Platform does not imply an endorsement, approval, partnership, supervision, complicity or solidarity relationship of Latitud Formation with these websites and contents.
THE USER ACKNOWLEDGES AND AGREES THAT Latitud Formation IS NOT RESPONSIBLE FOR MONITORING TRANSACTIONS OR COMMUNICATIONS WITH OTHER USERS AND/OR THIRD PARTIES. USERS ARE SOLELY RESPONSIBLE FOR ALL COMMUNICATIONS, TRANSACTIONS, CONTRACTS AND INTERACTIONS WITH OTHER INDIVIDUALS OR LEGAL ENTITIES. NOTWITHSTANDING, Latitud Formation RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO REMOVE FROM THE PLATFORM, FOR ANY REASON AND WITHOUT PRIOR NOTICE, ANY MESSAGES, INFORMATION, DOCUMENTS AND/OR CONTENT, IN CASE OF SUSPECTED OR PROOF OF ILLEGAL PRACTICES.
IN NO EVENT SHALL Latitud Formation BE LIABLE FOR INDIRECT DAMAGES OR DAMAGES TO THIRD PARTIES OR USERS ARISING FROM THE MISUSE, NON-COMPLIANCE OF THESE TERMS OF USE OR UNRELATED EVENTS, INCLUDING FOR DEATH, INJURY OR DAMAGES OF ANY KIND CAUSED TO THIRD PARTIES, AS WELL AS FOR LOSS OF PROFITS OR LOSS OF REVENUE OF ANY KIND BY USERS, INCLUDING THOSE CAUSED BY CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE DATA, NON CONTINUANCE OF BUSINESS OR ANY OTHER LOSS OR COMMERCIAL LOSS ARISING OUT OF OR RELATED TO THE MISUSE OR INABILITY TO USE THE PLATFORM OR Latitud Formation PROVISION OF SERVICES FOR REASONS NONAFFILIATED TO Latitud Formation.
Nothing written in these Terms of Use is intended to exclude or limit any condition, warranty, right or liability that cannot be legally excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for damages. Consequently, only the limitations that are permitted by law in the User's jurisdiction will apply. In cases where exclusion of liability is not possible, but the limitation of liability is legally applicable, the total liability of Latitud Formation will be limited to BRL 1,000 (one thousand reais).

PLATFORM WARRANTIES

THE USER HEREBY ACKNOWLEDGES AND AGREES THAT Latitud Formation DOES NOT PROVIDE LEGAL SERVICES OF ANY KIND AND IS NOT RESPONSIBLE FOR ANY LEGAL CONTENT, TAX EFFICIENCY, TAX ADEQUACY, NOR DOES IT PROVIDE LEGAL ADVICE, ALL OF WHICH MUST BE SUBJECT OF CONSULTATION AND LIABILITY SOLELY AND EXCLUSIVELY BY THE USER.

User is responsible for obtaining its own tax, legal, administrative and accounting advice before using the Services. Users understand that Latitud Formation and Latitud Formation Partners) shall not be responsible for any tax, legal, administrative and accounting liability that may arise as a result of the provision of Services by Latitud Formation.
Our incorporation partners are third-party entities, and we do not control their incorporation process.
Users are responsible for evaluating whether the suggested and elected corporate structure is adequate for their specific use case. Latitud Formation makes no warranty as to the User’s ability to raise funds from venture capital funds or any other kind of investor, nor to any specific investor’s approval of the corporate structure suggested by Latitud Formation.

Latitud Formation makes its best efforts to prevent infections, alterations or viruses in its own systems (hardware and software) but cannot guarantee the absence of these or other potentially harmful elements that could cause changes in programs, applications, devices or visitors’ devices, nor does it assume responsibility for damages that may be generated as a result.
The User agrees and accepts that the use of the Platform and any of its contents is under its sole and exclusive responsibility.
By accepting these Terms of Use, the User declares that it will exempt Latitud Formation, its Affiliates, directors, partners, employees, representatives and agents from: (i) violations by the User of any provision contained in the Terms of Use or any applicable law or regulation; (ii) infringements or violations of third party rights including, but not limited to, other Users; and/or (iii) violations of the permitted use of the Platform, these conditions being merely illustrative and not exhaustive, whereby the User will exempt Latitud Formation from any other regulatory violation or damages to third parties that may occur as a result of the misuse of the Platform by User.
THE USE THAT THE USER MAKES OF THE PLATFORM IS AT ITS ENTIRE RESPONSIBILITY AND RISK, AND THE PLATFORM IS PROVIDED AS IS. THEREFORE, Latitud Formation DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PLATFORM WILL MEET THE USER'S NEEDS, THAT THE OPERATION OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY FUNCTIONALITIES WILL CONTINUE AVAILABLE, OR THAT THE PLATFORM WILL BE COMPATIBLE WITH ANY SOFTWARE OR THIRD PARTY SERVICES.

Latitud Formation RIGHTS

Latitud Formation can and may, at its sole discretion:

Evaluate the information entered by the User and validate the User's compatibility with the Platform;
Suspend, modify or terminate, partially or totally, the Platform's functionalities or activities;
Carry any and all investigation, audit, internal analysis of data related to the use of the Platform by the User and adopt any corrective measures in order to correct problems, prevent fraud, respond to User requests and any other purpose necessary for the preservation of the Platform and the Users integrity;
Block or suspend, without prior notice, the User's access to the Platform, temporarily or permanently, in case of non-compliance or suspicion of non- compliance with any of the obligations assumed in these Terms of Use, in the Privacy Policy or in the applicable laws, at the sole discretion of Latitud Formation;
Share User data with third parties to whom it is deemed necessary to share data in order to perform the Services offered on the Platform - for further information regarding the sharing of data, check our Privacy Policy here;
Charge and collect from the User late payment fees and penalties in the event the User fails to pay on a timely manner any fees (other than the initial or down payment) invoiced by Latitud Formation in consideration for the Services (the “Service Fees”), as previously agreed or accepted by the User, as follows:
In the event the User doesn't fully pay the Service Fees by the invoice's due date, on the following day Latitud Formation will automatically issue a new invoice considering a late payment penalty equivalent to 12% of the Service Fees (the "Late Payment Penalty") in addition to the overdue Service Fees (the "Updated Invoice"). The Updated Invoice will be made available to the User through the same channel used for the previous invoice (e.g., the Platform, Stripe, email, etc.) and it shall be paid by the User within the next 10 calendar days.
If the User also fails to pay the Updated Invoice within the set timeframe, Latitud Formation will have the right to collect additional late payment fees equivalent to 4% of the overdue Service Fees (the “Late Fees”). The Late Fees will accrue monthly up until the User settles all outstanding payments due to Latitud Formation. An updated invoice will be generated by Latitud Formation on the first business day of every month, for immediate payment, considering any Late Fees accrued from the previous month and it will be made available to the User through the same channel used for the previous invoice (e.g., the Platform, Stripe, email, etc.).

The imposition of Late Payment Penalties and Late Fees shall be in addition to the Service Fees and it shall not constitute payment or condonation of any overdue or pending Service Fees nor of any other rights, interests, compensation or remedies Latitud Formation has a right or is entitled to.

Suspend the use of the Platform and provision of Services in the event of non-payment by the User of any of the fees and maintenance costs; and
Establish prices and commissions for offering certain features and/or Services, even if they were initially offered for free, upon prior communication to the User or notice on the Platform itself. The use of any such Services, after said notice, shall be construed as agreement by the User to such prices.

INTELLECTUAL PROPERTY

The User acknowledges and accepts that all intellectual property rights related to the Platform and the contents and/or any other elements inserted in the Platform, including but not limited to patent rights, inventions, utility model rights, industrial design rights, copyright rights, trademark rights, trade dress rights, trade secret rights, confidential information, software rights, developing technology, know-how, integrated circuit rights, neighboring rights, domain names rights, and all other intellectual property rights of any sort in any jurisdiction, including all registrations and applications for all of the foregoing, belong and are the exclusive property of Latitud Formation or of the Affiliates, and the acceptance of these Terms of Use by the User only consists in the granting, by Latitud Formation, of a limited, temporary, revocable, non-exclusive and non-transferable license to use the Platform always in accordance with these Terms of Use.

Therefore, all content used on the Platform, such as HTML code, scripts, texts, graphics, logos, buttons, icons, images, videos or programs, mobile applications and audios (together, the "Materials") are the sole property of Latitud Formation and are protected by the Brazilian laws concerning intellectual property and copyrights.

The User also acknowledges that, under no circumstances, will it be understood that access to the Platform and/or acceptance of the Terms of Use generate any assignment rights in favor of the Usersor third parties.

If the User develops a new module or product that is characterized as a copy, in whole or in part, of the Platform database or of the Platform software, the User shall promptly disclose and provide all of the Intellectual Property Rights to Latitud Formation, as such new module or product shall be considered as part of the Platform software, and will therefore be incorporated by Latitud Formation. The use of any such new module or product shall be subject to these Terms of Use with no remuneration being due by Latitud Formation. The User shall be prevented from using, marketing or otherwise, exploiting such new module or product, whether in their own name or by their partners, employees, collaborators, agents or representatives. The User hereby agrees to execute all assignments to Latitud Formation necessary to effectuate and accomplish the foregoing ownership.
The use of the expression "Latitud Formation'' as a trademark, business name or domain name, as well as the contents of the Platform’s screens, programs, databases, networks and files, are, and will remain, the exclusive property of Latitud Formation or its Affiliates, and are protected by all applicable laws and international treaties on copyright, trademarks, patents, utility models, inventions, industrial designs and other intellectual property rights. The misuse and/or total or partial reproduction of said contents are prohibited, except with the prior and express authorization of Latitud Formation in writing.
The User is aware and agrees that all content sent to Latitud Formation or to the Platform (including ratings, feedbacks, testimonials, suggestions, complaints, ideas, information, comments, contacts and interactions by any means with Latitud Formation or with other Users through the Platform) automatically belongs exclusively to Latitud Formation, which will be the sole and exclusive holder of the intellectual property rights on said content. If the assignment of intellectual property rights on the content created by the User and shared with Latitud Formation or with other Users through the Platform is held to be illegal or unenforceable under applicable laws, the User hereby grants Latitud Formation an exclusive, global license, free of charge, unlimited, non-revocable and valid right, for the entire period of legal protection, for the use and exploitation of the content, as Latitud Formation sees fit and at its sole discretion, and the illegal or unenforceable portion shall be limited or excluded from these Terms of Use to the minimum extent required so that these Terms of Use shall otherwise remain in full force and effect and enforceable.

DATA PROTECTION

THE ACCESS AND USE OF THE PLATFORM SUBJECTS THE USER TO THE PROCESSING OF CERTAIN DATA, INCLUDING PERSONAL DATA AS SET FORTH IN THE BRAZILIAN GENERAL DATA PROTECTION LAW AND AS PROVIDED IN THE PLATFORM’S PRIVACY POLICY, AVAILABLE HERE. USER UNDERSTANDS AND AGREES THAT ITS PERSONAL DATA WILL BE HANDLED IN ACCORDANCE WITH THE PLATFORM'S PRIVACY POLICY, WHICH IS INCORPORATED TO THESE TERMS OF USE BY REFERENCE.
Users declare that their Personal Data was provided in an absolutely free and voluntary manner, without any pressure, obligation or condition involved.

GENERAL PROVISIONS

The User understands and acknowledges that the Terms of Use and the Privacy Policy have the legal nature of a contract and agrees that acceptance will imply their being bound by the terms and conditions contained in these documents.
USER DECLARES TO HAVE READ AND UNDERSTOOD ALL THE CONDITIONS ESTABLISHED IN THE PRIVACY POLICY AND IN THESE TERMS OF USE AND ACKNOWLEDGES AGREEMENT AND ACCEPTANCE AT THE TIME OF THE REGISTRATION. IF YOU HAVE ANY QUESTIONS, SUGGESTIONS, COMPLAINTS OR NEED TO OBTAIN ANY CLARIFICATIONS ABOUT THESE TERMS OF USE AND/OR THE PRIVACY POLICY, OR TO REQUEST THE EXERCISE OF ANY OF YOUR RIGHTS GRANTED BY APPLICABLE LAWS AND REGULATIONS, PLEASE CONTACT Latitud Formation THROUGH USER SERVICE CHANNELS OR BY E-MAIL AT demo@latitud.com BEFORE ACCEPTING. WE WILL BE HAPPY TO CLARIFY ANY QUESTIONS FOR YOU.
USERS WHO DO NOT ACCEPT OR AGREE WITH THESE TERMS OF USE OR THE PRIVACY POLICY SHOULD REFRAIN FROM REGISTERING, ACCESSING OR USING THE PLATFORM.
Users may not assign the rights and obligations arising from the Terms of Use without the prior written consent of Latitud Formation. Latitud Formation can assign the rights and obligations arising from these Terms of Use, without the need to obtain the prior consent of the User, by means of simple notice.
Furthermore, Latitud Formation may make changes to its corporate control without the need for authorization from the User or the need for sending a communication to the User.
Users who no longer wish to use the Platform may unsubscribe at any time by requesting to cancel their registration.
These Terms of Use may change from time to time. If there are significant changes, we will inform the User through the available means of communication and/or highlight these changes at the top of these Terms of Use and provide, for a reasonable period, a prominent link to such changes. The User should check this page and review these Terms of Use periodically to ensure that they agree to the modifications. Except when the express consent is mandatory, the continued use of the Platform and/or the lack of opposition or revocation of the User's consent will imply the acceptance of any modifications to these Terms of Use.
Latitud Formation will not be held responsible for non-compliance or inadequate compliance caused by fortuitous events or events of force majeure, under the terms of the applicable legislation.
If any provision of these Terms of Use is held to be unenforceable or invalid, that provision will be void in isolation and will not affect the other provisions of these Terms of Use.
Prior to starting any litigation, the Parties undertake to try to resolve any disputes amicably. When such procedure is not successful, the Parties may submit any demand related to these Terms of Use, the Privacy Policy or the Platform to the Brazilian Judiciary, electing the Court of São Paulo, State of São Paulo or the User’s domicile, as the sole venue competent to resolve any controversy, dispute or claim arising hereunder or otherwise related to this Instrument, with the express waiver of any other, no matter how privileged.
Any dispute in the meaning, effect or validity of this Instrument shall be resolved in accordance with the laws of Brazil without regard to the conflict of laws provisions thereof.

Questions and Clarifications. Additional questions, comments and clarifications about the Platform or these Terms of Use may be addressed to Latitud Formation via e- mail demo@latitud.com.

ACCEPTANCE

BY ACCEPTING THESE TERMS OF USE, THE USER EXPRESSLY AND UNAMBIGUOUSLY REPRESENTS AND WARRANTS TO HAVE LEGAL CAPACITY OR TO BE DULY REPRESENTED BY THEIR LEGAL REPRESENTATIVES AND TO HAVE READ, UNDERSTOOD AND FULLY AGREED WITH THE TERMS AND CONDITIONS SET FORTH HEREIN.