TERMS OF USE OF EMPIRICUS RESEARCH
HTTPS://WWW.EMPIRICUS.COM.BR/(“Site”)
We greatly appreciate your choice of EMPIRICUS RESEARCH PUBLICAÇÕES S.A., a corporation registered under CNPJ/ME No. 11.431.155/0001-07, headquartered in São Paulo, State of São Paulo, at Avenida Brigadeiro Faria Lima, No. 3,477, 10th Floor, Tower B, ZIP code 04538-133 ("EMPIRICUS RESEARCH").
EMPIRICUS RESEARCH is an investment analysis firm and a publisher of financial content. Therefore, we follow the rules, guidelines, and internal procedures established by the Brazilian Securities Commission in its Resolution No. 20.
Our activity focuses on producing, editing, and publishing free and paid informative content, prepared by independent investment analysts, covering areas of economics, finance, and investments ("Content"). Our reports, products, and content aim to help individuals make the best investment decisions and promote financial education for individuals.
The content of EMPIRICUS RESEARCH can be viewed at https://www.empiricus.com.br/(“Site”) and/or on our mobile app available on Google Play and the Apple Store. Some publications will be available to Users within the logged-in area of the apps and also on the Site via the link https://publicacoes.empiricus.com.br/.
We have prepared this document so that You (“User”) can get to know the rules related to the use of our Site and Content, in a simple, clear, and objective way, as outlined here and in applicable legislation.
We recommend that you carefully and thoroughly read the terms and conditions here set forth, as well as our Privacy Policy and other documents that accompany the purchase of products selected on the Site, such as the Subscription or Educational Services Marketing Contract, available in your Logged-in Area, under the "My Purchases" tab.
Before continuing to use our Site and Content, You must express your agreement with our terms of use, as below:
1) You declare that you are over 18 (eighteen) years old, legally capable, or duly authorised/assisted by your legal guardian to use our Site and/or Content;
2) You express your free, explicit, informed, and unequivocal agreement with these Terms when subscribing or purchasing any of our Content, subscribing to our newsletters, and/or browsing our Site;
3) You declare that you have had access to these Terms, that you have read and agree to their terms. You may not and should not use the Site and/or access our Content if you do not agree with any clause of this document. In such a case, you must cancel the registration procedure and refrain from using our Sites and/or accessing our Content;
4) You are aware that the publications made available by EMPIRICUS RESEARCH do not represent an offer to trade securities and/or other financial instruments but are merely investment recommendations that should be evaluated by the investor before making any decisions, according to their profile and risk appetite. These publications are also provided without any guarantee of return, express or implied;
5) You are aware and agree that EMPIRICUS RESEARCH's publications aim to analyse and recommend investments in various sectors of the securities market, as well as to promote individual financial education and disseminate investment knowledge. By accessing them, You should freely assess the content provided and apply your knowledge at your own risk, should you choose to do so;
6) You are aware and agree that EMPIRICUS RESEARCH is not responsible for any transactions or operations made between You and third parties in the financial market, nor for any financial decisions made by You based on or derived from the content provided on our Site and/or Content.
1. Registration Rules
1.1.EMPIRICUS RESEARCH is a site focused on disseminating informative content about investments and the financial market in general. The information published by EMPIRICUS RESEARCH is based on data available in the public domain, that is, accessible to anyone with an Internet connection.
1.2. To use our Site and access our Content, You must register by creating a login and password.
1.3. The paid Content is offered to Users in various formats (subscription plans, club memberships, courses, videos, among others), with a term determined at the time of purchase, accessed online. The Site allows periodic content subscriptions to be made available, which can be transferred by downloading and/or printing a page in "HTML" format containing the publication, depending on the User's preference.
1.4. When registering, You must provide certain personal information, such as (i) full name, (ii) email address, (iii) CPF number, among others. For more information about how your personal data is handled, please refer to our Privacy Policy.
1.5. You agree to keep your registration information complete and up-to-date; otherwise, you may be unable to access and use our Site and/or our products. You will also be responsible for the security and confidentiality of your login and password used to access the Site and/or mobile application. You agree not to authorise third parties to access or use your account on the EMPIRICUS RESEARCH Site and/or application.
1.6. Whenever your registration information changes, the User must update their details directly in the section designated for registration within the EMPIRICUS RESEARCH Site and/or application.
1.7. For the User's security, it is not advisable to use easily guessed passwords, such as: name, sequential numbers, vehicle registration, phone numbers, birthday dates, among others. For security purposes, only computers with security features should be used, and the password to access the Site and/or application should be changed periodically to prevent unauthorised use. In this regard, EMPIRICUS RESEARCH is not responsible for incidents arising from access made through electronic devices that do not have the recommended security settings.
1.8. In case of loss or theft of your access password, the User must immediately request a password change on the Site and/or application. If this is not possible for any reason, the User must immediately notify EMPIRICUS RESEARCH, otherwise they will remain responsible for all actions carried out through their account.
1.9. The User is aware that EMPIRICUS RESEARCH recommends the use of duly secure and up-to-date tools and technology (hardware and/or software) to access the Site and/or Content. Thus, any use by the User of outdated or unsecured tools and technology will be at their own risk, and EMPIRICUS RESEARCH is exempt from any responsibility for damages, of any kind, suffered by the User.
1.10. You understand that EMPIRICUS RESEARCH may, at its sole discretion and without obligation to do so, conduct searches it deems necessary to verify any incorrect, inaccurate, or outdated information, as well as request additional data and/or documents it deems appropriate, exclusively to verify the initial information provided by You and to proceed with a more complete and accurate registration verification, as detailed in the Privacy Policy.
1.11. Should EMPIRICUS RESEARCH decide to verify your registration details and find any incorrect, inaccurate, and/or outdated information, or if You refuse to provide the requested information, EMPIRICUS RESEARCH may, at its sole discretion, decline and/or suspend the provision of Content on its Site, without prejudice to any investigation or claim for damages caused, and/or other measures it deems necessary.
1.12. You acknowledge that only one account per CPF (Cadastro Nacional de Pessoa Física – Brazilian Individual Taxpayer Registry) is permitted.
1.13. Once your registration is approved, You may access the EMPIRICUS RESEARCH store and use the available features, such as accessing reports, publications, subscribed content, newsletters, free and/or paid content, and courses.
1.14. When purchasing any product from EMPIRICUS RESEARCH, the respective contract and invoices will be available in your subscriber area, under the "My Purchases" tab in your logged-in area.
1.15. EMPIRICUS RESEARCH may refuse to create or may cancel the access account of any User who uses the Site and/or Content fraudulently, violates or attempts to violate these Terms of Use, or violates EMPIRICUS RESEARCH's Privacy Policy.
1.16. EMPIRICUS RESEARCH may monitor the frequency and number of accesses by the User to (i) the subscriber area, (ii) the number of downloads, (iii) the printing of its publications, and (iv) course views, to identify fraudulent behaviour, improper reproduction, or possible sharing of personal access, applying penalties it deems appropriate, according to these Terms and applicable legislation.
2. User Conduct
2.1. When using the EMPIRICUS RESEARCH Site and/or Content, You agree to:
(i) Not create or use more than one form of identification to gain access, nor to receive free and paid content;
(ii) Not use a third party's identification or allow third parties to use your identification for access;
(iii) Not use any elements of the Site and/or our Content for commercial, advertising, or any other purposes that are not the primary objective of the Site and/or our Content;
(iv) Not disguise or hide the IP (internet protocol) number that identifies your internet connection;
(v) Not interfere with the architecture of the Site by any means or technical methods;
(vi) Not spread viruses or malicious computer code, files, or programs developed to collect unauthorised data, nor interrupt, destroy, or limit the functionality of the Site;
(vii) Not insert any unlawful content or content that violates third-party rights onto the Site;
(viii) Not bypass any technology used by EMPIRICUS RESEARCH or any authorised third parties to protect the content of EMPIRICUS RESEARCH;
(ix) Not remove or alter any copyright, trademark, or other intellectual property notices contained in or distributed with EMPIRICUS RESEARCH's publications;
(x) Not modify, copy, compile, reverse engineer, distribute, transmit, reproduce, publish, license (in whole or in part), or create derivative works from the information, content, or databases contained or provided via the Site and/or Content;
(xi) Not send or transmit via the Site any illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racist, or ethnically offensive material, including but not limited to any material that encourages conduct that would constitute a crime, give rise to civil liability, or otherwise violate any applicable local, national, or international law;
(xii) Not produce, make available, disseminate, or transmit any content that is contrary to any Brazilian laws, as well as to public morals and generally accepted good manners, or that encourages any form of discrimination or violence;
(xiii) Not produce, make available, disseminate, or transmit any content that is protected by any intellectual or industrial property rights belonging to third parties without having first obtained the necessary authorisation from the relevant rights holders to perform the intended use;
(xiv) Not produce, make available, disseminate, or transmit any content for the purpose of advertising products and/or services of your own or others, or for political propaganda;
(xv) Not reproduce and/or distribute by any means, in whole or in part, to any third party, without the express prior authorisation of EMPIRICUS RESEARCH, any of the content made available on the Site and/or EMPIRICUS RESEARCH's Content.
2.2. EMPIRICUS RESEARCH may occasionally hold live sessions related to its publications and content, whether paid or free, with chat areas and/or other messaging and communication resources through which Users may participate and communicate with the general public or with a group of viewers (“Communication Channels”).
2.3. You agree to use the Communication Channels solely to post, send, and receive legitimate messages and materials related to the specific Communication Channel. For example, but not limited to, by using any Communication Channel, You agree to:
(i) Not defame, harass, stalk, threaten, or otherwise violate the rights of EMPIRICUS RESEARCH and/or third parties;
(ii) Not publish, post, upload, distribute, or disseminate content that is inappropriate, defamatory, obscene, unethical, and/or illegal;
(iii) Not publish, post, upload, distribute, or disseminate content that incites discrimination, hatred, or violence against a person or group due to their belonging to a race, religion, philosophical, ideological, and/or political orientation, sexual orientation, ethnicity, culture, etc.;
(iv) Not publish, make available, and/or distribute content protected by intellectual property laws, except when You are the legitimate owner, as provided by applicable law;
(v) Not upload, publish, make available, and/or distribute harmful files that contain viruses, are corrupted, or may cause damage to the functioning of the Site;
(vi) Not advertise or offer any goods and/or services for sale and/or any commercial purposes, even indirectly;
(vii) Not conduct, forward, or make available any type of surveys, competitions, or tests on the Site;
(viii) Not conduct, forward, or make available any activities that could be fraudulent, abusive, and/or illegal, including pyramid schemes or similar activities;
(ix) Not collect or otherwise store personal data and/or information about others, such as phone numbers or email addresses, with or without their consent; and
(x) Not produce, make available, disseminate, or transmit any content that is contrary to any Brazilian law, as well as to public morals and generally accepted good manners, or that encourages any form of discrimination or violence.
2.4. You acknowledge that, in all circumstances, You will be solely responsible for your use of the Site and for any content that You have entered or provided, releasing EMPIRICUS RESEARCH from any liability for damages and losses arising from the improper use of the Communication Channels made available on the Site.
2.5. Any violation of the provisions of these Terms may result in the immediate cancellation of your access to the Site and/or Content, without any prior notice or notification, without prejudice to You being held accountable for any damages caused, in addition to any criminal sanctions, depending on your conduct, in accordance with the legislation in force in Brazil.
3. Intellectual Property of EMPIRICUS RESEARCH
3.1. All pages contained on the Site and any material made available, unless otherwise specified, are the property of EMPIRICUS RESEARCH or any of its licensors. All rights are reserved. The Site and any material made available therein are protected by Brazilian and international intellectual property laws, including copyright and trademark laws. The content of the Site, including, but not limited to, files, documents, text, photographs, logos, images, audio, video, and any materials accessed or made available for use or download, where applicable, may not be copied, distributed, modified, reproduced, published, or used in whole or in part, except for purposes authorized or approved by EMPIRICUS RESEARCH, in advance and in writing.
3.2. In the event of an intellectual property violation, EMPIRICUS RESEARCH reserves the right to take appropriate action against the responsible party(ies) for redress. Notifications regarding intellectual property violations or the misuse of images, content, or data (such as phone numbers, email addresses, names, addresses, among others) can be submitted via email to relacionamento@empiricus.com.br.
4. Commercialisation of Content on the Site
4.1. The EMPIRICUS RESEARCH Store (https://publicacoes.empiricus.com.br/.) is the online platform through which EMPIRICUS RESEARCH markets its content and publications. The content is made available within the login area of the EMPIRICUS RESEARCH Site on the Internet, at the following link: https://publicacoes.EMPIRICUSRESEARCH.com.br/.
4.2. Upon purchasing one of the products sold by EMPIRICUS RESEARCH in its virtual store and after payment confirmation, the subscriber will have immediate access to the remaining content related to the series they have subscribed to, as well as to subsequent informative content in the series, made available according to the frequency of the publications, in line with the validity period.
4.3. The prices of the products marketed by EMPIRICUS RESEARCH are indicated in the virtual store of EMPIRICUS RESEARCH, in the specific product access link, with payment being made according to the method chosen by the User at the time of purchase.
4.4. EMPIRICUS RESEARCH reserves the right to vary subscription prices based on the term and payment method, as outlined in Federal Law No. 13.455/2017.
4.5. Any promotions and offers will be valid for a specific period and will not be binding for Users who do not subscribe during that period.
4.6. EMPIRICUS RESEARCH does not sell shares and/or financial assets, nor does it make financial transactions, with any investments made by the User and/or subscriber being entirely the responsibility of the User and/or subscriber.
4.7. Upon subscribing to a plan and/or course, invoices will be issued according to the subscription period.
4.8. You may ask questions about your purchases through the subscriber relations centre.
4.9. EMPIRICUS RESEARCH will not provide any personalised consulting and/or advisory services to subscribers. Pertinent doubts and questions will be addressed in the publications, broadcasts, and/or videos, in a general and abstract manner.
4.10. Easy Renewal Programme: When You purchase one of our products, You may be subject to automatic renewal rules, as detailed in the Subscription Marketing Contract available in your Subscriber Area. This means that, at the end of the validity period of the purchased product, and unless otherwise stated at least 15 (fifteen) days before the expiration date, it may be automatically renewed for the same period.
4.11. Purchases made through App Stores: EMPIRICUS RESEARCH makes its products available for purchase via its mobile application. Thus, purchases made in app stores are those carried out through EMPIRICUS RESEARCH applications, available on mobile devices, and obtained through the Apple Store and/or Google Play.
4.12. You acknowledge that a purchase made within an App Store is processed by the respective App Store and not by EMPIRICUS RESEARCH. You understand that (i) a purchase within an App Store is subject to the terms and conditions specified by the respective App Store; (ii) purchases within App Stores are securely processed through the payment gateway used by the App Store provider; and (iii) the User must contact the App Store provider directly to resolve any issues related to payment and/or cancellation of a subscription purchased through this method.
4.13. Payment via Instalment Boleto: You acknowledge that if you opt for payment via instalment boleto, in the event of default, your name and CPF may be registered with credit protection agencies (SERASA/SPC) until the payment is regularised, in accordance with applicable law.
4.14. You are aware that if you purchase paid Content from EMPIRICUS RESEARCH, your data may be shared with suppliers responsible for the payment methods made available. For more information on how your personal data is shared in this and other instances, refer to our Privacy Policy.
5. SMS, WhatsApp, and Telegram Notifications
5.1. In accordance with the provisions of the Privacy Policy, the Subscription Contract, and the specifications of the subscription plans, EMPIRICUS RESEARCH may, at its discretion, send notices, publications, and/or notifications, for commercial, informational, and/or institutional purposes, to Users via SMS, WhatsApp, and/or Telegram.
5.2. Although EMPIRICUS RESEARCH makes every effort to ensure the receipt of notices, publications, and notifications, due to reliance on telephone systems, it cannot guarantee that messages will be received by the User. For this reason, You agree to exempt EMPIRICUS RESEARCH from any responsibility for system failures and/or for the non-receipt of any messages sent.
5.3. EMPIRICUS RESEARCH will use the contact information provided by You at the time of registration and will not be responsible for verifying the accuracy and/or validity of such information. You must keep your registration information valid and up to date at all times.
6. Privacy Policy
6.1. These Terms of Use must be interpreted in conjunction with the EMPIRICUS RESEARCH Privacy Policy, which includes all information regarding the collection, storage, and processing of personal data arising from the use of the Site and/or Content, in accordance with the General Data Protection Law (Law No. 13,709/2018) and other applicable legislation.
6.2. If you have any questions and/or requests regarding your personal data, please contact EMPIRICUS RESEARCH through the following channels: privacidade@empiricus.com.br and 4003-3118 or 4003-5651.
7. Limitation of Liability
7.1. WITHOUT PREJUDICE TO THE OTHER DISCLAIMERS OF LIABILITY INDICATED IN THESE TERMS, YOU ACKNOWLEDGE THAT EMPIRICUS RESEARCH WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, CAUSED BY:
(i) Any unavailability, errors, or failures of the Site and/or Content, as well as any failure to meet the User's expectations for the utility of the Site and/or Content, or any difficulties in accessing them due to incorrect use;
(ii) Unavailability of use in other locations within or outside Brazilian territory;
(iii) Unavailability, errors, or failures on the Site and/or Content resulting from force majeure, hacker attacks, or third-party interference outside EMPIRICUS RESEARCH's control;
(iv) Errors or inconsistencies in data transmission, Internet quality, or availability that prevent the User from receiving information from the Site and/or Content;
(v) False or inaccurate statements, outdated, incomplete, or inaccurate data provided or updated by the User;
(vi) The presence of viruses or other harmful elements on the Site and/or Content, which could alter your computer systems (software and hardware), including financial electronic documents;
(vii) Any third-party links made available on the Site and/or Content, or any third-party websites containing links to EMPIRICUS RESEARCH's Site and/or Content;
(viii) Any transactions or operations made between the User and third parties in the financial market, or any financial decisions made by the User based on or derived from the content provided on the Site;
(ix) Any emergent damages and/or lost profits, whether moral or material, related to the use of the Site;
(x) Any damage, losses, or harm, of any kind and of any nature, caused by the User or third parties.
7.2. The Site may contain third-party links or be accessed through third-party websites. These third parties are independent suppliers and not representatives of EMPIRICUS RESEARCH. By accessing these sites/links, You acknowledge that EMPIRICUS RESEARCH is not responsible for providing these links and sites, nor does EMPIRICUS RESEARCH have any control or responsibility over the content made available on them.
7.3. THE USER AGREES TO INDEMNIFY AND HOLD EMPIRICUS RESEARCH HARMLESS FROM ANY CLAIMS, INCLUDING LEGAL FEES AND ATTORNEY'S COSTS, ARISING FROM ANY UNLAWFUL ACT COMMITTED BY THE USER ON THE SITE AND/OR CONTENT, WHETHER BY VIOLATION OF THESE TERMS OR INFRINGEMENT OF THIRD-PARTY RIGHTS.
8. Termination of the Terms of Use
8.1. These Terms will remain in full force and effect while You continue to use the Site and/or Content of EMPIRICUS RESEARCH. EMPIRICUS RESEARCH reserves the right to interrupt or suspend the Site at any time, without notice and without any obligation to compensate you.
8.2. EMPIRICUS RESEARCH may, at its sole discretion, suspend or cancel the User's access to the Site and/or Content, including, but not limited to, the following cases:
(i) For violation and/or non-compliance with these Terms;
(ii) Due to a court order and/or legal request from a government authority;
(iii) At the request of the User;
(iv) Due to force majeure, security reasons, or for any other reason;
(v) Due to fraudulent or illegal activities committed by the User, at the sole discretion of EMPIRICUS RESEARCH and as provided in these Terms and the applicable legislation;
(vi) For improper use of the Site, at the sole discretion of EMPIRICUS RESEARCH, and as outlined in these Terms;
(vii) For failure to fulfil any obligations by the User, including payment for acquired Content, when applicable.
8.3. The User may cancel their registration/account with the EMPIRICUS RESEARCH Site and cease using the Content made available.
8.4. The User may request the deletion of personal data linked to their registration/account, as provided in our Privacy Policy.
9. Communication Channels of EMPIRICUS RESEARCH
9.1. In case of any questions, please contact EMPIRICUS RESEARCH using the following contact details:
EMPIRICUS RESEARCH PUBLICAÇÕES S.A.
Avenida Brigadeiro Faria Lima, No. 3,477, 10th Floor – Tower B, Itaim Bibi, ZIP code 04538-133 – São Paulo, SP, Brazil.
Email: privacidade@empiricus.com.br and/or relacionamento@empiricus.com.br
Phone: 4003-3118 or 4003-5651.
10. General Provisions
10.1. These Terms may be amended at any time, and the new version of this document will come into effect the day after its publication on the Site. The User will only be notified of changes to the Terms if there is a legal obligation to do so.
10.2. CONTINUED USE BY THE USER AFTER THE PLACEMENT OF THESE REVISED TERMS OF USE WILL BE CONSIDERED AS TACIT ACCEPTANCE OF SUCH AMENDMENTS.
10.3. EMPIRICUS RESEARCH reserves the right to modify the specifications and/or characteristics of the Site and/or Content to improve and/or correct any errors.
10.4. The User is prohibited from assigning or transferring any obligations and rights under this Agreement, in whole or in part, to third parties. The User acknowledges that no relationship of partnership, representation, or employment exists between the User and EMPIRICUS RESEARCH as a result of the use of the Content provided.
10.5. The User agrees to the possible assignment or transfer of the obligations and rights under these Terms by EMPIRICUS RESEARCH to other companies, including: (i) subsidiaries, affiliates, and/or companies that are part of the EMPIRICUS RESEARCH group; (ii) acquirers of shares, businesses, or assets of EMPIRICUS RESEARCH; or (iii) successors in any corporate operation of EMPIRICUS RESEARCH.
10.6. By accepting these Terms of Use, the User agrees to all its provisions, committing to respect them and not act contrary to them, by themselves and their successors, for any reason.
10.7. In the event any clause, term, or provision of this agreement is declared null, such nullity will not affect any other clauses, terms, or provisions contained herein, which shall remain in full force and effect. Tolerance by EMPIRICUS RESEARCH regarding any violation of this agreement or its omission in exercising any right granted herein will not be considered as novation or waiver concerning any future violation, whether similar or not, or concerning EMPIRICUS RESEARCH’s future exercise of any right granted by this instrument.
10.8. Events of force majeure or unforeseeable circumstances will exclude the liability of the parties, as provided by Brazilian law.
11. Jurisdiction and Applicable Law
11.1. EMPIRICUS RESEARCH will make its best efforts to resolve any disputes with Users through peaceful and consensual means. We are always available to listen to you, and to find the best way to resolve your request and/or complaint through our contacts made available in these Terms and on our Site.
11.2. If an amicable resolution is not possible, we inform you that these Terms will be governed, interpreted, and enforced in accordance with the laws of the Federative Republic of Brazil, and the court of the District of São Paulo/SP will have jurisdiction over any requests arising from this document.