Conditions of Use

Last updated: 08/30/2025

Data Controller/Processor in Brazil: Rua Verbo Divino, 2001, 3rd Floor – Room 305, São Paulo/SP. to: Importa Coletiva Soluções Digitais Ltda

CNPJ 46.661.126/0001-08 -Av. das Nações Unidas, 14.401, Sala 1004 – CEP:04012-062

Ed. Turumã – Condomínio Parque da Cidade

 contact emails: legal@importacoletiva.com.br 

0. Scope, B2B nature, and acceptance

0.1 These Terms govern the use of websites (including www.importacoletiva.com.br), portals, applications, and APIs (“Platform”).
0.2 The Platform is intended exclusively for business (B2B) use by legal entities and sole proprietors. It is not intended for end consumers.
0.3 By accessing/using the Platform, you fully accept these Terms, the Privacy Policy, the Cookie Policy, the Content/Listing Policies, and the Transaction Services Agreement, where applicable.
0.4 For relationships in Brazil, the Portuguese-BR version shall prevail.
0.5 We may amend these Terms at any time by publishing the updated version. Continued use implies acceptance.

1. Definitions

“User/Member”: registered legal entity or sole proprietor.
“User Content”: information, trademarks, listings, files, and materials submitted.
“Personal Data”: as defined by the LGPD.
“Plans”: Basic, Premium, and Organization.
“Third-Party Channels”: integrated services (payments, FX, logistics, inspection, etc.).

2. Contracting entities and service provision

2.1 In Brazil, the contracting entity is Importa Coletiva Soluções Tecnológicas Ltda. Outside Brazil, contracting may occur with affiliates indicated at the time of subscription.
2.2 We may introduce, modify, suspend, or discontinue features, subject to commitments under paid plans.
2.3 Certain features require registration, verification, and authorization (KYC/KYB, tax/customs compliance).
2.4 Services may vary by country/region, risk profile, and regulatory requirements.
2.5 Parts of the services may be carried out by affiliates or operators (sub-processors).

3. Registration, accounts, and security

3.1 One account per CNPJ/sole proprietor, unless authorized.
3.2 The User is responsible for activities performed using their credentials and for maintaining access controls.
3.3 Sharing credentials is prohibited. We may suspend/terminate accounts due to misuse, fraud, legal risk, or breach of these Terms.

4. User obligations (acceptable use)

4.1 Comply with applicable laws (tax, customs, sanitary, regulatory agencies, anti-corruption, sanctions, LGPD, etc.).
4.2 Prohibited actions: (i) copying/scraping data; (ii) bypassing security; (iii) manipulating reputation; (iv) engaging in unfair competition/reverse engineering/IP infringement; (v) publishing false, unlawful, discriminatory, or third-party confidential content.
4.3 The User represents that they hold rights/authorizations over submitted content, trademarks, and materials, and is liable for third-party claims.

5. Personal data, LGPD, and security

5.1 Roles: Controller (data of representatives/contacts) and Processor (processing on behalf of the User in SaaS/marketplace modules), as applicable and under the DPA.
5.2 Legal bases: contract performance; legal obligation; regular exercise of rights; legitimate interest (security, anti-fraud, support); and consent where required.
5.3 Data subject rights: under Articles 18 and 19 of the LGPD, via legal@importacoletiva.com.br.
5.4 Logs: retention of records per the Brazilian Internet Civil Framework (minimum 6 months) and for compatible periods.
5.5 International transfers: possible destinations include China, Singapore, and the USA, with contractual safeguards (LGPD Arts. 33–36).
5.6 Security and incidents: technical/administrative measures proportional to risk; notifications to the ANPD/data subjects where applicable.
5.7 Additional details are available in the Privacy and Cookie Policies.

6. Subscription Plans and conditions

6.1 Plans:

Start (For beginner importers up to US$ 50,000/semester),

Premium (For importers up to US$ 150,000/semester),

Pro (For high-value monthly importers/trading companies).

6.2 Plans are prepaid by credit card and auto-renew unless canceled.
6.3 Annual adjustment by IPCA/IBGE; applicable taxes.
6.4 Cancellation: effective at the end of the current cycle; no proportional refund unless expressly provided. Pro-rata upgrade; downgrade effective in the following cycle.
6.5 Third-Party Channels: payment gateways (via partner financial institutions), FX, inspection, certification, courier, and transport operate within the Platform. Importa Coletiva is not a financial institution.

7. Transactions between buyers and sellers

7.1 The Platform facilitates sourcing, quoting, ordering, and logistics integration; it does not represent the buyer or the seller.
7.2 Parties assume risks (quality, deadlines, fraud, licenses, taxes, compliance).
7.3 Commercial conditions (price, Incoterm, inspection, warranties, returns, taxes) are negotiated between the parties and, where applicable, governed by specific instruments (PO, PI, contract, SLA).

8. Intellectual property and license

8.1 IP rights of Importa Coletiva (or its licensors) over software, databases, algorithms, and content (Brazilian Laws 9.609/98 and 9.610/98).
8.2 Limited, non-exclusive, non-transferable license; reverse engineering, copying, sublicensing, assignment, and removal of notices are prohibited.
8.3 “IMPORTA COLETIVA” trademarks and distinctive signs are protected.
8.4 User Content: non-exclusive license for the use necessary to provide the services (display of listings, indexing, testing and improvement), subject to the LGPD.

9. Anti-corruption, sanctions, and AML

9.1 Compliance with Laws 12.846/2013 (anti-corruption) and 9.613/1998 (money laundering), and sanctions/export-control rules (UN, Brazil, USA, EU).
9.2 Transactions with sanctioned persons/entities are prohibited. KYC/KYB, screening, and suspension of suspicious operations may occur.

10. Support, maintenance, and force majeure

10.1 Maintenance and updates may affect availability; we will seek to mitigate impacts.
10.2 We are not liable for unavailability due to force majeure (telecom failures, cyberattacks, strikes, wars, pandemics, government acts, etc.).

11. Liability and indemnities

11.1 Services are provided “as is.” No warranties of results, specific fitness, error-free performance, or uninterrupted availability.
11.2 Total liability cap: up to 12 monthly Plan fees paid in the 12 months preceding the event.
11.3 Exceptions: willful misconduct; breach of confidentiality; User’s IP infringements; regulatory fines attributable to the User.
11.4 Indemnification: the User shall indemnify for losses, costs, and expenses (including attorneys’ fees) arising from third-party claims related to User Content, violations, or misuse.

12. Monitoring, reports, and removal

12.1 We may monitor and remove content that violates the law or these Terms.
12.2 Reports: “Report abuse” or legal@importacoletiva.com.br with URL, description, contact, and a good-faith statement.
12.3 IP complaints follow a notice-and-takedown procedure; a reasoned counter-notification is admissible.

13. Suspension and termination

13.1 We may limit, suspend, or terminate access/account due to breach of these Terms, legal risk, authority order, fraud, default, or security reasons.
13.2 Payment, confidentiality, IP, and data-protection obligations survive termination.

14. Communications and electronic signatures

14.1 The User agrees to receive electronic communications (email, in-app notices), which satisfy written-form requirements.
14.2 Electronic signatures (ICP-Brazil or accepted platforms) may be used in contractual documents.

15. General provisions

15.1 Entire agreement; independent contractors; partial invalidity does not affect the remainder; tolerance does not imply waiver.
15.2 Assignment: Importa Coletiva may assign to affiliates/successors; the User may not assign without consent.

16. Governing Law and Jurisdiction

16.1 These Terms are governed by and shall be construed in accordance with the laws of the Federative Republic of Brazil. The courts of São Paulo, State of São Paulo, shall have exclusive jurisdiction over any disputes arising herefrom, and you hereby waive any other jurisdiction, however privileged it may be.
16.2 Contact: legal@portacoletiva.com.br