Terms of Service and Use

These Terms of Service and Use are intended to clarify the Services provided by IOXtream, PLATAFORMA PARA O BEM TECNOLOGIA DA INFORMACAO LTDA. enrolled with the CNPJ under 35.789.712/0001-16, with headquarters at Rua Alexandrino Da Silveira Bueno, 450, São Paulo, São Paulo, CEP 01.524-010 (“Terms” and “IOXtream”, respectively), about the rules to be respected, both by users and by IOXtream itself (as defined below). Therefore, it is the duty of all IOXtream Users to read and be aware of this document.

1. Use of Devices and Services

IOXtream provides the following services to its Users: (i) management and control of smart device triggers; (ii) intermediation of the sending of messages and values for display and notification; (iii) intermediation of donations made via PIX; (iv) intermediation of sponsorships for brands, agencies and influencers. IOXtream does not intermediate donations made through cryptocurrencies, which occur directly to the public address entered by the User.

Access to the IOXtream Services may require the use of your personal computer or mobile device as well as communication with, or use of space on, your devices. You will be responsible for any internet connection fees or mobile-related fees or charges that you may incur while accessing the IOXtream Services.

1.1 Donations via PIX

As of April 24, 2023, the IOXtream platform will accept donations made via PIX for Users who are Brazilians and who have the PIX payment method active.

All donations via PIX are made in partnership with a financial institution properly qualified to provide this service, and IOXtream is not and should not be considered a financial institution or a payment institution, since it does not practice any of the acts that would classify it as such described in Law 4.595 of December 31, 1964, as amended, and in Law 12.865 of October 9, 2013, as amended, including, but not limited to (i) raising demand deposits; (ii) granting financing, loans and discounting securities; (ii) issuing and managing credit cards; (iv) managing third-party funds; (v) participating in project structuring; (vi) foreign exchange activities. IOXtream, therefore, is not subject to the legal regime specific to such institutions.

2. Limited License

You have been granted a free, limited, non-transferable, non-exclusive, revocable license to download, install, run and use this Service on your devices. You acknowledge and agree that IOXtream grants you an exclusive license to use and does not transfer to you the rights to the Platform. The sale, transfer, modification, reverse engineering or distribution, as well as copying of text, images or any items contained in the Platform is expressly prohibited. You acknowledge that IOXtream owns all rights, title and interest in and to the Platform and related software.

3. Copyrights

You do not acquire, by this instrument or by using the Platform, any intellectual property rights or other exclusive rights, including patents, trademarks, copyrights or any rights to confidential information or trade secrets, as well as to the content made available on the Platform, including but not limited to text, graphics, images, logos, icons, photographs, editorial content, notices, software and any other material, on or related to IOXtream or any part thereof. Nor does the user acquire any rights in or relating to the Platform or any private component thereof, other than the rights expressly licensed to the user in this Terms of Service and Use or in any other agreement mutually agreed upon in writing between the parties. By using the Platform, you agree to comply with the following guidelines:

• You may not post or transmit information, data, text, software, graphics, sounds, photographs, videos, messages or other content that is illegal, offensive, inaccurate, defamatory, obscene, fraudulent, harmful, threatening or abusive.
• Not interfere with other users' use of the Platform.
• Not to post or upload any viruses, worms, corrupted files or other software capable of disrupting, disabling or impairing the operation of the Platform.
• Comply with this Terms of Service and Use and any applicable laws or regulations;
• Not impersonate any person or entity, falsely state or misrepresent your affiliation with a person or entity.
• Not post or transmit content that you do not have the right to post or transmit under any law or under contractual or fiduciary relationships (such as insider information, confidential information, etc.).
• Not to use the Platform to request, obtain or store personal data or passwords of other users.

IOXtream provides only the Services and is not responsible for the content produced by Users. Thus, each User, by using the Services, declares that it does not violate any law, contract, intellectual property or other third party right and undertakes to be solely responsible for the content it produces. Furthermore, each User, by using the Services, agrees not to create, transmit, distribute or store any content that is inaccurate, illegal, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, provocative or otherwise objectionable. Each User also, by using the Services, agrees not to defame, harass, abuse, threaten or deceive other Users, or collect personal information about Users or third parties without their consent. The User shall not attempt to indicate a relationship between him or herself and IOXtream without prior permission, or imply that IOXtream endorses his or her content or a product or service for any purpose.

4. Warning about photosensitive epilepsy

A very small percentage of the population can have an epileptic seizure if exposed to certain images, such as flashes or visual sequences, that may appear in video games. Even people who have no history of seizures or epilepsy may have an undiagnosed condition that can cause “photosensitive epileptic seizures” when playing video games.

Stop playing immediately and see a doctor if you notice any of these symptoms.

These seizures can have a variety of symptoms such as feeling faint, altered vision, eye or facial spasms, tremors or uncontrolled arm and leg movements, disorientation, confusion, or momentary loss of consciousness. Seizures can also cause loss of consciousness or convulsions that eventually result in injury from falling or colliding with nearby objects.

Parents should pay attention to or ask their children about the symptoms mentioned above. Children and adolescents are more likely to suffer seizures than adults.
You can reduce the risk of photosensitive epileptic seizures by taking the following precautions:

• Leave lamps away from your face or webcam when using color-changing interactions in a rapid manner.
• Do not use or watch a live broadcast that has rapid color-changing lamp effects if you are drowsy or tired.

If you or a family member has a history of seizures or epilepsy, consult a doctor before watching live broadcasts or using color-changing lamps on a fast way.

5. Use of IOXtream by Minors and Blocked Persons

The IOXtream Services are not available to persons under the age of 13. If you are between the age of 13 and the legal age of majority in your jurisdiction of domicile, you may use the IOXtream Services only under the supervision of your parent or legal guardian who agrees to be bound by these Terms of Service and Use. By downloading, installing, or otherwise using the IOXtream Services, you represent that you are at least 13 years of age, that your parent or legal guardian agrees to be bound by these Terms of Service and Use if you are between the age of 13 and the legal age of majority in your jurisdiction of domicile, and that you have not previously been removed or otherwise prohibited from receiving the IOXtream Services.

6. Indemnification

In no event shall IOXtream be liable for personal injury or any incidental, special, indirect or consequential damages, including, without limitation, damages for loss of profit, corruption or loss of data, failure to transmit or receive data, non-continuance of business or any other commercial injury or loss, arising out of or related to your use of the Platform or your inability to use the Service for any reason.

7. Taxes

Each User shall be responsible for its own taxes, fees, costs and expenses, including legal ones, which may be levied or incurred (“Taxes”). Thus, in the event that IOXtream is held liable for the payment of Taxes levied on the donation operation, it shall be entitled to charge the Users for the refund of the amount of the Tax, duly updated, in addition to the amounts referring to any fine, interest and monetary correction that may be applicable.

8. Jurisdiction and Applicable Law

All the items in these Terms and Conditions are governed by the laws and regulations in force in the Federative Republic of Brazil. For all matters referring to the interpretation, fulfillment or any other question related to these Terms and Conditions, the Parties agree to submit to the Courts of the Capital City of São Paulo.

9. YouTube

IOXtream uses the YouTube API. By creating or connecting your IOXtream account with YouTube, you are agreeing to be bound by the YouTube Terms of Service.