GENERAL TERMS AND CONDITIONS OF USE / SERVICE SUBSCRIPTION AGREEMENT  

ATTENTION: BY CLICKING THE “ACCEPT” BUTTON, YOU AGREE TO THESE TERMS AND CONDITIONS.

Thank you for choosing 123 Marcas.

Access to the services will depend on your prior and express agreement with this Agreement between you and 123 Marcas, which describes your rights to use the services identified in section 2.1.

YOU MUST READ THE ENTIRE AGREEMENT because all terms are important and together form a legal Agreement which, once accepted, applies to you.

These terms are valid for services contracted from 12/01/2023.

1 – THE PARTIES

1.1. 123 MARCAS – REGISTRO DE MARCAS E TECNOLOGIA LTDA., a private legal entity, headquartered at Avenida Borges de Medeiros, 3160, room 1904, Bairro Praia de Belas, CEP 90.110-150, Porto Alegre/RS, duly registered with the CNPJ under No. 38.236.241.0001-07, owner of the website www.123marcas.com.br, represented here by the office 123 Marcas, from now on referred to as the CONTRACTOR and, on the other hand, the CONTRACTING PARTY, have, among themselves, agreed to this Agreement Service Provision Agreement, which comprises any and all services, either individually or in packages, offered on the website www.123marcas.com.br.

2 – OBJECT

2.1. The purpose of this term is the provision of services related to brand creation and protection activities with the INPI – National Institute of Industrial Property, provided by the CONTRACTOR to the CONTRACTING PARTY, which are available for online contracting on the website www.123marcas.com. br/esp. Services can be contracted individually or through packages. In order to enjoy the services provided by the CONTRACTED PARTY, the CONTRACTING PARTY must accept the General Terms and Conditions of Use and the other policies and principles that govern it.

2.1.1. It is established that the transit of information between the PARTIES, regardless of its nature, will be done exclusively electronically and in writing (e-mail, online chat on the company’s website, messages via WhatsApp application and private messages via Facebook).

3 – LEGAL BASIS

3.1. This term is based on the current legal system, the Brazilian Consumer Protection Code and the Civil Code, as well as the procedures established by the INPI – National Institute of Industrial Property.

4 – THE AVAILABILITY OF THIS AGREEMENT

4.1. The copy of this term, in addition to being previously available to the CONTRACTING PARTY, as determined by article 46 of the Brazilian Consumer Protection Code, is available on the CONTRACTED PARTY’s website (www.123marcas.com.br/esp), as well as at a link own at the time of hiring.

5 – THE LIMITS OF THE PURPOSE OF THIS AGREEMENT

5.1. The CONTRACTED PARTY’s obligation to the CONTRACTING PARTY is limited to the services listed in item “2.1”, with no obligation relating to any services that may arise, even if arising from the creation and protection of trademarks before the INPI.

5.2. BRAND SEARCH AND ANALYSIS (Trademark comprehensive study) Service: the CONTRACTING PARTY is aware that the information contained in the specific trademark search and analysis service does not constitute a liquid and certain guarantee of the success of the final registration, since this decision will be up to the INPI – Instituto Nacional da Industrial property. The responsibility of the CONTRACTOR constitutes an OBLIGATION OF MEANS.

5.2.1. Aware of the parts exposed in the previous item, about the trademark search and analysis service, if the result of the search is REGISTRATION VIABILITY and the CONTRACTING PARTY carries out with the CONTRACTED PARTY ALL administrative measures at the INPI suggested by the CONTRACTED PARTY, the CONTRACTED PARTY guarantees the application for a new trademark without charging fees.

5.2.1.1. Proceedings are considered to be definitively rejected when they are rejected after an appeal has been lodged, ending the administrative phase with the INPI.

5.2.2. The trademark search and analysis service comprises research carried out in the INPI database, updated until the Tuesday before the service is carried out, to verify the feasibility of registering the chosen trademark. No other services are included, even if they may be suggested later by the CONTRACTOR.

5.2.3. The CONTRACTING PARTY must consider, when evaluating the research carried out by the CONTRACTED PARTY, that, even if the result is viable or viable in a mixed form, it must not conclude that there is an absolute lack of previous impediments to its registration. This is because the INPI database may present inconsistencies, such as: a long time interval between requested requests and the time for publication of processes; words that, even phonetically clashing, are not recognized in the search for the radical. in addition to other related considerations, as informed by the INPI website, the following notice:

NOTICE: After searching the INPI database, even though the results may seem satisfactory, one should not conclude that the trademark can be registered. The INPI, when examining the registration request, will carry out a new search that will be submitted to the technical examination that will decide on the registerability of the signal.

In this way, the CONTRACTOR is not responsible for the clear and certain guarantee of the final result of the registration request, since the decision rests exclusively with the INPI. Likewise, the decision and, consequently, the risk regarding the success of the registration request are the responsibility of the CONTRACTING PARTY.

5.2.4. The guarantee of the search and brand analysis opinion will be valid for 2 (two) working days, counting from the sending of the opinion. 5.2.4.1. If a third party brand, deposited after 2 (two) business days of sending the opinion to the CONTRACTING PARTY, is responsible for the rejection of its brand, its request will not be covered by the guarantee of item 5.2.1.

5.2.5. The TRADEMARK SEARCH AND ANALYSIS service does not include the search for images, only word elements. To carry out a search for figures, it is necessary to hire the FIGURATIVE BRAND SEARCH service. This clause also applies to mixed brands (composed of word and figurative elements – logos).

5.2.5.1. If the mark is rejected due to the figure or design of the mark, the guarantee stipulated in item 5.2.1 does not apply, unless the figurative mark search service has been contracted.

5.3. TRADEMARK APPLICATION SERVICE: the CONTRACTING PARTY is aware that this service is limited to the application for trademark registration at the INPI (brand classification, compilation of documentation sent by the CONTRACTING PARTY, issuance and payment of the federal fee and submission of the application for registration). Any other service, optional and/or necessary for trademark registration, is not included in this service and can be contracted separately on the CONTRACTOR’s website, including monitoring the process with the INPI.

5.3.1 In the Trademark Registration Application service, monitoring of the process is included until analysis by the INPI (whether approval or rejection).

5.3.2 The Trademark Registration Application service does not include the granting and issuance of the trademark registration certificate or any other optional and/or necessary service for registering the trademark, with the presentation of appeals or manifestations.

5.4. BRAND MONITORING AND SURVEILLANCE Service: the CONTRACTING PARTY is aware that this service is limited to monitoring the trademark process at the INPI, through which the CONTRACTOR will keep the CONTRACTING PARTY updated on all movements in the trademark process at the INPI, as always which identified brand equal or similar to the CONTRACTING PARTY. Any other services, optional and/or necessary for trademark registration, are not included in this service and can be contracted separately on the CONTRACTED PARTY’s website.

5.4.1. The TRADEMARK MONITORING AND SURVEILLANCE service will start from the contracting date, except in cases where the trademark registration application is contracted.

5.4.2. The TRADEMARK MONITORING AND SURVEILLANCE service is contracted by trademark class at the INPI and cannot, under any circumstances, be transferred to another trademark process or another class of the same process (in cases involving more than one class – system multiclasses).

5.4.2.1. A trademark process is understood to be any and all proceedings that are processed at the INPI, even if the trademark is identical in another class and/or in another presentation.

5.4.3. At the end of the BRAND MONITORING AND SURVEILLANCE service term, the CONTRACTED PARTY will communicate, by e-mail, about the termination of the service and, if the CONTRACTING PARTY chooses not to renew it, it will be its responsibility to dismiss the CONTRACTED PARTY as its attorney at the INPI .

5.4.3.1. If the BRAND MONITORING AND SURVEILLANCE service is NOT renewed, the CONTRACTED PARTY’s obligations will be terminated, with no liability for damage or loss of rights that the CONTRACTING PARTY may suffer with the INPI. Once the service is discontinued, the CONTRACTING PARTY loses the right to the guarantee provided for in clause 5.2.1.

5.4.4. If the trademark process under the BRAND MONITORING AND SURVEILLANCE service is definitively filed, the obligation will be deemed fulfilled and the CONTRACTED PARTY will not refund the value of the contracted service

5.5. Services that require FEDERAL TAX PAYMENT: the CONTRACTED PARTY is aware that the amount informed on the website 123marcas.com.br/esp includes amounts referring to the federal tax, as it is difficult for foreigners to pay the Brazilian document.

5.6. ATTORNEY EXCHANGE/APPOINTMENT SERVICE: in cases where the CONTRACTED PARTY is not constituted as the CONTRACTING PARTY’s attorney with the INPI, the ATTORNEY EXCHANGE/APPOINTMENT is required to perform any service before the Institute.

5.7. Services requiring URGENCY: if the CONTRACTING PARTY needs the CONTRACTED PARTY to perform services that do not meet the minimum required period*, an urgency fee will be charged, per business day. In this case, in addition to the contracted service, the emergency service must be contracted, respecting the rules provided on the contractor’s website.

*Minimum time required to create parts: 10 working days.

*Minimum deadline required for the protocol: 3 business days.

The deadlines above are cumulative, that is, if the CONTRACTING PARTY needs the CONTRACTOR to create and file its part, at least 13 working days are required.

6 – CONTRACTOR’S OBLIGATIONS

6.1. Provide services related to the  registration and protection of a trademark, at the INPI, in accordance with what is contained in this AGREEMENT, in an adequate and effective manner, according to the choice made by the CONTRACTING PARTY on the CONTRACTOR’s website. The CONTRACTED PARTY’s obligations to the CONTRACTING PARTY will become enforceable after contracting the services, directly on the CONTRACTOR’s website, as well as confirming the respective payment.

6.2. Comply with and enforce the contracted services, with zeal and in an adequate quality standard, and for that purpose, take the necessary measures for their faithful and good execution.

6.3. Provide trained professionals to ensure compliance with the purpose of this contract.

6.4. Send an email to the CONTRACTING PARTY, within 03 (three) business days after receiving confirmation of payment for the contracted service, through which information and documents necessary for the proper execution of the contracted service will be requested. The service, or the deadline for its completion, can only be started after the appropriate response to the email, with all the requested responses and documents.

6.5. Prepare, if necessary for the contracted service, a power of attorney so that it can act on behalf of the CONTRACTING PARTY, which must be printed, signed, scanned and sent to the CONTRACTED PARTY, by email.

6.6. Properly execute each stage of each contracted service, included in the definition of “stage”, for example, brand classification, preparation of power of attorney, issuance of GRU, etc., within a period of up to 3 (three) business days, always in contact with from the CONTRACTING PARTY’s response with the necessary information/documentation/proof of payment. This term does not apply to the services listed in clause 6.6.1 below.

6.6.1. With the exception of the trademark search and analysis service, when there is a need to create administrative documents, the minimum period for carrying out the service will be up to 10 working days, the CONTRACTOR reserving the use of the entire period established by the INPI for each specific case.

6.7. Provide, in addition to this term, which is previously and permanently available on the CONTRACTED PARTY’s website (www.123marcas.com.br/esp), any and all information relevant to the contracted service via email or WhatsApp, including information on the conclusion of the service.

6.8. Maintain communication channels, such as online chat on the website www.123marcas.com.br/esp, e-mail and the WhatsApp application, to clarify any issues that may arise during the execution of the service.

6.9. Ensure the privacy of the information provided by the CONTRACTING PARTY (contact data, data for proposals, personal and business information), as well as not providing them to third parties, except for employees of the operation or in the event of a court order, nor using them in a inadequate.

6.9.1. The documentation sent by the CONTRACTING PARTY to the CONTRACTOR may be attached to the INPI website, since its absence may generate a requirement from the Institute and, consequently, a higher cost to the CONTRACTING PARTY. However, the responsibility for the secrecy of the information, once attached on the INPI website, rests with the INPI. If the CONTRACTING PARTY does not want the documentation to be made available on the INPI website, it must inform it expressly, by e-mail, assuming the risk of being required.

6.10. Act in accordance with the interests of the CONTRACTING PARTY, expressly formalized by email, WhatsApp or through the direct contracting of the service on the CONTRACTED PARTY’s website, even if a power of attorney with powers to do so has been granted. That is, the CONTRACTOR will not use the powers granted in the power of attorney without the CONTRACTING PARTY expressly authorizing the action.

7 – CONTRACTING PARTY’S OBLIGATIONS

7.1. Contract and pay for the services chosen directly through the CONTRACTED PARTY’s website, except in the case of payment by bank transfer, in which case the proof of payment must be sent by email to the CONTRACTED PARTY.

7.2. Respond to any and all inquiries made by the CONTRACTOR, as well as send it the requested documentation, within a period of up to 03 (three) business days, committing itself to the veracity of the information provided and the originality of the documents sent. If it is necessary to extend the term, it must be requested by the CONTRACTING PARTY to the CONTRACTED PARTY.

7.2.1. The CONTRACTING PARTY is aware that the absence of a response does not matter in agreement with the questions raised by the CONTRACTOR, being the responsibility of the CONTRACTING PARTY to inform its decisions, formally, whenever requested by the CONTRACTOR, until the end of the contracted service.

7.2.2. The lack of response to emails by the CONTRACTING PARTY, after 5 (five) consecutive days, authorizes the CONTRACTOR to act in accordance with the interests of the CONTRACTING PARTY, provided that they do not entail extra expenses, such as fees and/or federal fees.

7.2.2.1. If the period stipulated by the INPI is shorter than the one mentioned above, the CONTRACTOR may act in favor of the CONTRACTING PARTY within the existing period, respecting the condition of absence of extra expenses, such as fees and/or federal fees.

7.3. Send the logo formatted in accordance with the standards required by the INPI (Jpeg file, dimensions 8x8cm and 300 dpi or 945×945 pixel resolution), whenever requested by the CONTRACTOR.

7.4. Ask the CONTRACTOR, via email or WhatsApp, to clarify any doubts you may have regarding the contracted services.

7.5. Register all e-mail addresses requested by the consultant in their list of trusted contacts, in order to enable correct communication between the parties, as well as inform the CONTRACTOR about changes to e-mails or any other data.

7.6. Maintain communication with the CONTRACTOR exclusively through the aforementioned written digital means (WhatsApp, E-Mail and chat on the CONTRACTOR’s website). There will be no communication via telephone or in person.

7.7. Do not activate the optional WhatsApp temporary message feature, since, if activated, the messages exchanged with the CONTRACTED PARTY will be deleted.

7.7.1. If the CONTRACTING PARTY deletes any message, it will lose the right to discuss the related matter.

8 – CONFLICT OF INTERESTS

8.1. If a conflict of interest arises between the CONTRACTED PARTY’s customers, these will be resolved individually, in order to safeguard the interests of all involved.

9 – SUSPENSION AND CANCELLATION

9.1. If the CONTRACTING PARTY does not return to the CONTRACTED PARTY with the information and/or documentation requested by email, within 14 days, the CONTRACTED PARTY will reiterate the request. If there is inertia on the part of the CONTRACTING PARTY for a period exceeding 30 days, the service will be considered suspended and the CONTRACTED PARTY will no longer contact you until the CONTRACTING PARTY manifests itself.

9.2. Exceeded 90 (ninety) days without manifestation by the CONTRACTING PARTY, the service will be considered canceled, and the CONTRACTING PARTY will not be entitled to reimbursement of the amounts paid.

9.3. The deadlines mentioned in items 9.1 and 9.2 will be counted from the date of sending of the last email, by the CONTRACTED PARTY, to which the CONTRACTING PARTY does not return.

9.4. When the service is suspended, its execution by the CONTRACTED PARTY will be paralyzed, regardless of the stage in which it is found, and the CONTRACTING PARTY cannot allege the fault of the CONTRACTED PARTY, nor claim damages.

9.5. The cancellation of the service may be requested by the CONTRACTING PARTY if a formal request is submitted to the CONTRACTED PARTY by email, within 7 days. In this case, if the service has not yet started, the full amount paid will be refunded, minus the payment platform fees, if used for that purpose.

9.5.1. The service is understood to start from the CONTRACTING PARTY’s response to the first email sent by the CONTRACTOR.

9.6. If cancellation is required from the 8th day to the 60th day, the refund will be 50% of the amount paid, unless the service has already been completed.

9.6.1. For requests for cancellation of PACKAGES OF SERVICES, the percentage refund will only be for services not performed. There will be no refunds for services already performed.

9.7. If cancellation is requested after the 61st day, there will be no refund of amounts to the CONTRACTING PARTY.

9.8. Refunds will be made within 31 days of payment confirmation.

9.9. The deadlines established in clauses 9.5, 9.6, 9.7 and 9.8 will be counted from the confirmation of payment.

10 – PAYMENT

10.1. The service to be provided by the CONTRACTOR must be paid by the CONTRACTOR through the means available on the CONTRACTOR’s website (www.123marcas.com.br/esp).

10.2. The conditions relating to payment are established by the payment platforms, as well as by the CONTRACTING PARTY’s credit card administrators, and the CONTRACTED PARTY is not responsible for issues related to refusal of payment, protest, registration with credit restrictive bodies, collections and other situations over which the CONTRACTOR has no control.

10.3. In cases where the CONTRACTOR offers discounts on services due to the formal presentation of a lower offer by the CONTRACTING PARTY, only the budgets presented before the contracting will be valid. The CONTRACTING PARTY will not cover offers after contracting.

10.4. Any discount coupons offered by the CONTRACTOR are not cumulative.

11 – TERMINATION

11.1. Failure to comply with any clause of this contract, as well as any legal provisions that apply to it, may, at the discretion of the aggrieved party, result in its immediate termination, without prejudice to the reparation, by the defaulting party, of the resulting damages.

11.2. Upon contractual termination, the stage of execution of the contracted service will be considered until the respective date to determine the amount to be returned by the CONTRACTOR, with the party that caused the termination to bear the corresponding differences.

12 – GENERAL PROVISIONS

12.1. This Adhesion Agreement is definitive, secure and non-transferable, which obliges the parties to comply with it, in any capacity.

12.2. The parties recognize the validity and legal certainty of this contract, which they attribute legal effectiveness equivalent to that of an original signed by the CONTRACTING PARTY. The validity will start from acceptance at the time of online purchase, reading and understanding of the General Terms and Conditions of Use and Privacy Policies of this service portal.

12.3. The CONTRACTING PARTY hereby confirms that it HAS READ, UNDERSTAND, AGREES AND ACCEPTS the terms and conditions set forth herein.

12.4. The omitted cases will be resolved between the parties.

13 – JURISDICTION OF ELECTION

13.1. The Central Forum of the Comarca of Porto Alegre/RS is elected, to the detriment of any other, to resolve the issues resulting from this contract.

13.1.1. The parties may, before effecting the contract, define a forum different from that provided for in clause 12.1. In this case, the choice must be formalized by email, with the agreement of both parties.