Terms of Use

Published on 27/09/2021 by Profilable Team

Profilable’s mission is to help entrepreneurs create a professional website quickly and easily, without having to learn complicated new tools or making technical decisions about hosting, certificates, etc.

On this page, we list the legal terms and conditions applicable to people who use our services.

These terms may be updated from time to time. Therefore, we suggest that you read them regularly. If you have any questions or suggestions, feel free to send an email to suport@profilable.com.

1. Parties Definition

PLATFORM refers to the Profilable platform (profilable.com) under the responsibility of the company Lefty Ventures Desenvolvimento de Produtos e Negócios Digitais Ltda, a legal entity registered in Brazil.

USER refers to the person, over 18 years old, registered on the PLATFORM, who has a User Account.

VISITOR refers to the person who accesses public pages (those available without the need for authentication) hosted by the PLATFORM.

2. Provided Services Definition

When using these services, the USER and VISITOR understand and accept that their websites, content and / or personal information may be stored, made available and manipulated by third parties, whether they are registered in Brazilian territory or not, contracted by the PLATFORM for the services provision. Thus, when using the PLATFORM services, which may or may not involve the third party supplier services, the USER’s and the VISITOR’s information may become subject to the laws of the jurisdiction(s) in which the service provider or its facilities are located.

Below is a list of some of our third party suppliers with links to their respective privacy policies:

2.1. Creating websites

The PLATFORM offers website creation service to people registered with a user account.

The website creation service allows the USER to create websites using the PLATFORM website creation and editing tool, in which the USER can customize colors, images, fonts, contents and settings of the website, such as its URL (or domain) address.

2.2. Hosting sites

The PLATFORM offers web hosting services for websites created exclusively through the website creation tools offered by the PLATFORM.

The websites may be hosted, by the PLATFORM, on third party servers and infrastructure, whether or not in Brazilian territory.

2.3. Restrictions

You must be 18 years or older to use any PLATFORM service.

It is not permitted the use of the PLATFORM services and / or tools for the creation of websites and / or content related to illegal activities, nudity, pornography, disturbing content and / or violence.

If the USER adds, creates, edits, makes available, hosts, manages and / or publishes inappropriate content (such as, for example, those described above), the PLATFORM may block and delete the site and / or content, and may ban the USER from the PLATFORM (removing the account), and still take the appropriate legal measures, without having to reimburse any amount paid to the PLATFORM for the service provision.

2.4. Service limitations

A site can have up to 50 pages. If a USER needs more pages, they must contact PLATFORM to be offered a plan with additional pages.

For aspects such as visitors count, contents, images, bandwidth, and hosting, the PLATFORM seeks to be flexible and to apply “common sense”, within the PLATFORM limits, so that it is not necessary to restrict functionality and resources to the USER.

To establish an order of magnitude, it is understood that a limit of a maximum of 5 GB of storage, and 10 GB of bandwidth per month per site, non-cumulative, are measures of “common sense” for a website created on the PLATFORM.

If the USER exceeds these limits, the PLATFORM may contact the USER to buy an additional 10 GB bandwidth, valid for the contracted month, in the amount of 3.00 USD per package, to guarantee the availability of USER’s website beyond the “common sense” limit included in the annual package. This procedure can happen as many times as necessary when the USER exceeds the additional limits of previously bought packages.

If the USER does not buy the additional plan, the PLATFORM may deactivate their sites for a period of up to 31 days so that the USER does not continue to exceed the PLATFORM limits.

The platform pursues a 98% uptime. It is worth noting that such uptime depends on the availability of third party services and is subjected to unforeseen circumstances and natural causes, which are beyond the PLATFORM control and responsibility.

3. Content and ownership

All content and / or website added, created, edited, made available, hosted, managed and / or published by the USER is the responsibility of the USER. The PLATFORM does not claim ownership rights in the USER’s content.

When adding, creating, editing, making available, hosting, managing and / or publishing content through the PLATFORM, the USER declares that he / she has the authorship, ownership and / or use authorization over the content (through documental means).

When adding, creating, editing, making available, hosting, managing and / or publishing content through the PLATFORM, the USER declares that he / she is aware that the PLATFORM, in order to offer the service, will need to copy, transfer, move, make available, host and / or manipulate the content, including providing it to third parties.

When using the PLATFORM services, the USER authorizes – indefinitely, free of charge, and without the need for prior request or communication – the PLATFORM to use the contents and / or websites, in part or in full, for the purposes of dissemination, advertising, marketing, instruction, communication, and improvement of services and products.

4. Responsibilities

4.1. Platform Responsibilities

The PLATFORM is responsible for:

  • Providing the services offered;
  • Pursuing a 98% uptime;
  • Collecting, processing, and securely storing USER’s personal information;
  • Taking note of suspected misuse of the PLATFORM features and services or breach of the Terms of Use and Privacy Policy;
  • Answering support requests from the USER within the limits of the services provided and purposes of the PLATFORM;
  • Keeping its contact information up to date.

The PLATFORM is not responsible for:

  • Any content (regardless of format) added, created, edited, made available, hosted, managed and / or published by any USER through PLATFORM services;
  • Maintaining and / or guaranteeing the third parties services, even those necessary for the maintenance of the services provided by the PLATFORM;
  • Checking the validity and / or veracity of the information provided by the USER;
  • Misuse of services and / or tools provided by PLATFORM;
  • Verifying copyrights and / or ownership of content added, created, edited, made available, hosted, managed and / or published by any USER through PLATFORM services;
  • Maintaining content and / or sites added, created, edited, made available, hosted, managed and / or published by the USER, through the PLATFORM services, when there is no payment for the services provided or after the expiration of the paid subscription period.

4.2. USER’S Responsibilities

The USER is responsible for:

  • All content added, created, edited, made available, hosted, managed and / or published through his USER account;
  • Never publishing illegal, pornographic or disturbing content; and never publish third party content, without prior documental authorization;
  • Assuming full responsibility for the content published and for the use of the PLATFORM functionalities and services;
  • Following the recommendations and instructions described in the Terms of Use, interfaces and Privacy Policy;
  • Protecting your email and password, never disclosing your password to third parties, and renewing it periodically or whenever necessary;
  • Never using the PLATFORM tools and services to publicize, support or practice illegal activities;
  • Paying on time for services provided by the PLATFORM;
  • Checking the services expiration date and renewing it, if you wish, to avoid services interruption;
  • Answering requests and contact from the PLATFORM team;
  • Keeping your contact information up to date.

7. Payment

All services provided by the PLATFORM are paid. Thus, after the 15-day trial period, the USER must pay the amount of 69.00 USD, to maintain access to the USER account and the continuity of the PLATFORM provided services for a period of 1 year.

The PLATFORM has the right to delete inactive and / or non-paying USER accounts after the trial period or after the contracted services expiration date.

The PLATFORM can change service prices at any time, without prior notice.

6. Cancellation

When requesting the service cancellation, the PLATFORM will exclude the USER account and any information, website and / or content linked to it within the limits of the PLATFORM’s operational and technical capacity.

The PLATFORM has the right to interrupt and / or cancel the services provision to any user at any time.

In case of termination or interruption of the services by the PLATFORM, the USER will receive a notification by email 30 days before the services interruption and will also be refunded in the amount paid, in proportion to the contracted services remaining period that will not be provided by the PLATFORM.

6.1. Cancellation during the trial period

The USER may cancel the contracted services at any time during the 15-day free trial period. If the USER has paid for the services during this period and wishes to cancel the provision of services, the amount paid will be returned to the USER.

6.2. Cancellation after the trial period

After the end of the free trial period and the payment is made, the USER may request a refund of the paid amount within 7 days of the charge, cancellation of services after 7 days will not allow a refund of the amount paid by the USER. To request cancellation and refund, when applicable, simply send an email to suport@profilable.com with your registration details (never send your password). The PLATFORM will respond to the request within 2 business days.

7. Third Party

The PLATFORM services uses third party services, such as: cloud computing service, telemetry services, maintenance services, domain registration, etc. The use of these services is necessary to offer the services provided by the PLATFORM to the USER.

Despite the PLATFORM adopting good practices for the selection and contracting of third party services, the PLATFORM is not responsible for the operation and maintenance of these services.

When using the PLATFORM services, the USER understands and accepts that their websites, content and / or personal information may be stored, made available and manipulated by third parties, whether they are registered in Brazilian territory or not, contracted by the PLATFORM to provide the services .

8. Misconduct and Copyrights

When using the PLATFORM services, you can expose yourself to third party content and / or websites that may be offensive, questionable or even illegal. You hereby waive any legal or equitable rights or remedies you have or may have against the PLATFORM with respect thereto.

If you believe that another USER or a third party service exhibits inappropriate behavior or misuse of any PLATFORM service, we ask that you immediately report that other USER or third party service to PLATFORM, by email: suport@profilable.com. You agree that your report does not imply any responsibility on the PLATFORM side, and that the PLATFORM may consider the report and take action, refrain from any action or request additional information or documents before acting, in its sole discretion.

The PLATFORM does not authorize and does not condone misconduct and / or infringement of copyright and / or property by the USER.

If the USER and / or VISITOR believes that their work has been copied or used in a manner that constitutes a copyright infringement, they may notify the PLATFORM of such violation by sending the following information to suport@profilable.com: (1) contact details for the person authorized to act on behalf of the copyright owner; (2) description of the copyrighted work that is claimed to have been infringed; (3) description of the material that is allegedly infringing or is subject to infringement of rights and that must be removed or access to which must be disabled, with sufficient information to allow the PLATFORM to locate it (including the URL address); (4) a statement that you are acting in good faith and that the use of the material in the alleged manner is believed to be unauthorized by the copyright owner, its agent, or the law; and (5) a statement that the information contained in the notification is accurate, under penalty of perjury, and that the USER and / or VISITOR is the copyright owner or authorized to act on behalf of the allegedly infringing copyright owner.

9. Security

To protect your personal information, we take reasonable precautions and follow industry best practices to ensure that it is not improperly lost, misused, accessed, disclosed, altered or destroyed.

We use encryption techniques on all pages, we do not store and do not have access to any user password in a readable format, all payment transactions are carried out by payment intermediation providers (and therefore we do not store payment information). Our servers are hosted on cloud systems that follow strict security standards.

If you provide us with your credit / debit card information, that information will be processed by third-party vendors that follow protocols generally accepted by the industry, although no method of transmission over the Internet or electronic storage is 100% secure.

10. Support

The PLATFORM offers support for the services provided to the USER during working hours.

The normal response time for support requests is 48 working hours.

The support channels are: suport@profilable.com and the Chat available on the PLATFORM.

The PLATFORM’s profiles on social networks or third party websites are not considered service channels. Please do not submit requests of any kind on these social profiles.

11. Privacy

The Privacy Policy is dealt with in detail in the document available at: info.profilable.com/privacy

The USER, by creating a USER account on the PLATFORM, accepts these Terms of Use and the Privacy Policy presented.

12. Exemption from responsibilities and guarantees

The PLATFORM provides its services “as is”, “with all the flaws they present” and “as available,” without any warranty of any kind, including without any implied warranty or condition merchantability, adaptability to a specific purpose, professional initiative, non-infringement or any other guarantee, up to the limit permitted by law.

The PLATFORM may, at its sole discretion (however, having no obligation in this regard), screen, monitor and / or edit any SITE, at any time and for any reason, with or without prior notice.

Notwithstanding anything to the contrary in this instrument, in no case may the PLATFORM be considered as “publisher” of any USER content, endorse any USER content, and will not be responsible for any USER content uploaded, published, posted and / or made available by any USER or third party through the PLATFORM services, whatever the use or the USER, for damages, exclusions or losses related to the content or caused by USERS, or any damage, cost or loss incurred or suffered by USERS or third parties as a result of USER content published, accessed and / or used in good faith. In addition, the PLATFORM is not responsible for any error, defamation, slander, ideological falsehood, obscenity, pornography, incitement and / or any other type of USER content that violates laws and rights found by USERS or third parties.

The USER recognizes that there are risks in the use of the PLATFORM and and / or linked to it and / or when trading through it or any third party service through the PLATFORM or linked to it, and that the PLATFORM cannot offer and does not offer any type of guarantee in relation to the results of use and / or interaction with these services. The USER hereby assumes all these risks, responsibilities and / or damages of any kind arising from or resulting from such interactions. These risks may include, among others, false statements of information about and by third-party services and licensed content, breaches of warranties and contracts, violation of rights, and resulting claims. We do not recommend the use of the PLATFORM as a host for personal content and we do not assume any obligation in relation to security or integrity or any risk related to violations or damage to content of this kind.

13. Dispute resolution:

The parties involved in this Terms of Use undertake negotiation and mediation sessions as a priority measure for resolving any disputes.

If necessary, the jurisdiction of the district of Limeira / SP, Brazil is elected.

For any further inquiries, the Portuguese version of this document prevails.

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