Hello! Welcome to Crowd's Terms of Use (“Terms of Use”). This document determines the rules for the use of services made available by Crowd (“Crowd”, “Platform” or “We”), a digital platform owned by Crowd Agency Sistemas e Tecnologia Ltda – ME (“Crowd”), a legal entity private, registered with the CNPJ/MF under nº 18.134.801/0001-05, with headquarters in the city of São Paulo, State of São Paulo, at Rua Cardeal Arcoverde, 2450, Sala 205, Pinheiros, CEP 05.408-003.
Crowd is an online platform hosted under the crowdbr domain owned by Crowd, and available via the URL https://www.crowd.br.com/ (“Crowd” or “Platform”).
These Terms of Use were designed to be clear and objective, allowing our Clients, Professionals and/or Company (“Users”) to understand in a simple way how Crowd works and provides its services. When accessing or using the Platform, as well as when using the services provided by Crowd, Users must necessarily confirm that they have read, understood and agreed with these Terms of Use. If Users do not agree with the content of any of the provisions hereof document, we request that you do not use the Platform and/or the services offered.
To guarantee Users' agreement with the completeness of these Terms of Use, Crowd will require the User's digital consent to the document upon acceptance on the Platform by Users. These Terms of Use and our Privacy Policy are available on the Platform for consultation by Users and constitute binding and legally valid contracts between Users and Crowd so that they can use the Platform. If Users have any questions, we are available to listen to them, please contact us via email [email protected].
Crowd reserves the right to make changes to these Terms of Use, as well as the contents and functionalities of the Platform, at any time or periodically, to comply with applicable legislation or to satisfy changes in its business model. In this case, the updated version of the Terms of Use will be published on the Platform, with the “Last updated” date. If Users continue to use the Platform after changes to these Terms of Use, it will mean that Users have agreed to such changes and are legally subject to such changes. In the event that relevant changes are made that imply new consent from the User, Crowd will require the User's acceptance in a prominent manner on the Platform.
1. Object
1.1. Crowd provides Users with intermediation services (Intermediation Services” or “Freelancers”) and E-commerce services (“E-Commerce Services”), collectively referred to as “Services”.
1.2. Intermediation Services. The services made available through the Platform are intended to offer a project contracting system (“Projects”), connecting clients (“Clients”) to independent providers (“Professionals”) of such services, who are partners in companies or are registered as individual micro-entrepreneurs (“Companies”), previously registered on the Platform. Therefore, the services provided by Crowd to its Clients, Professionals and/or Companies (“Services”) include (i) the provision of the Platform, enabling individual access and use of all its features; (ii) intermediation, receipt for the account and order of third parties; (iii) collection and management of payments to be made by Customers to Companies; and (iv) maintenance and adequate support for using the Platform and remote advice for using the Platform.
1.3 E-commerce services. The Crowd Platform also provides Customers with a tool for purchasing marketing and technology services. E-commerce Services include the creation of articles, business cards, logos, social media management, website programming (“E-commerce”), among others.
1.4 The Customer and the Professional appointed for the Services will be responsible for all activities and acts carried out by each of them during the use of E-commerce, with Crowd being responsible only for the delivery of products and Services.
1.5 The Services will be contracted online directly on the Platform, upon User registration, as set out in clause 2 below.
1.6 Crowd does not recommend the hiring of Professionals and/or Partner Companies by Clients directly and without Crowd's intermediation, considering that only Services contracted through the Platform will have different conditions regarding electronic payment and the effective delivery of the Project. If the Client hires the Professional and/or Company directly and without the intermediation of Crowd, Crowd is exempt from offering the Client any benefits, in addition to not being responsible for the security of their personal data eventually disclosed to the Professional and/or for the curation and delivery of Projects.
1.7 The elements and/or tools found on the Platform are subject to intellectual property rights in accordance with Brazilian laws, international treaties and conventions to which Brazil is a signatory. For example only, the following are understood as: texts, software, scripts, graphic images, photos, sounds, music, videos, interactive and similar resources, brands, service marks, logos and “look and feel”, among others, belonging exclusively to Crowd.
1.8 Professionals, Companies and Clients are aware and agree that the use, redistribution, commercialization and/or reproduction of content or part of content made available on the Platform must follow the rules concerning Brazilian copyright laws, under penalty of being characterized as improper use and/or infringement of third party intellectual property rights.
2. Register
2.1. Registration on the Platform is free. Individuals and legal entities who, provided they are duly qualified and at their sole and exclusive discretion, are interested in using the Crowd Platform, may register by providing all the data necessary for the perfect completion of registration and subsequent validation. Users who do not have legal capacity, especially minors, may not use the Platform.
2.2. Although Professionals and Companies can register on the Platform, the Professional must indicate and register the Company of which they are a partner, with a valid CNPJ in order to complete the registration, accept projects and adhere to the Remuneration Policy. Registration using third-party CNPJs for any purpose is prohibited, and the provision of services by a professional other than the platform User is expressly prohibited.
2.2.1. Registration capacity
The Platform's services are available to individuals and legal entities regularly registered in the registers of taxpayers who have the legal capacity to contract them. Therefore, people who do not enjoy this capacity, including minors or people who have been disqualified from the Platform, cannot use them.
2.2.2. Data veracity
It is the responsibility of the Professional, Companies and Registered Clients for the veracity/regularity of the documents and information presented in the registration, and Crowd is not in any way responsible directly or indirectly for any act of the Professional, Company and Registered Clients, including illicit acts committed in relation to possible fraud. Crowd reserves the right to remove from the Platform and/or terminate the provision of Services of any Users who do not observe the Terms of Use and the Privacy Policy, or who have, during the registration phase or use of the Platform, tampered with, falsified or omitted essential data or information.
2.2.3. Single Registration
The creation of more than one registration per Professional, Company or Client is prohibited. In case of multiple registrations prepared by the same individual or legal entity, Crowd reserves the right, at its sole discretion and without the need for prior consent from the registered parties or communication, to disable existing registrations and prevent any future registrations linked to these.
The Professional, Company and Client will access their account using a login and password, committing not to inform third parties of this data, being fully responsible for the use made of them.
The Professional, Company and Client undertake to notify Crowd immediately, through the contact channels maintained on the Platform, regarding any unauthorized use of their account. The registered person will be solely responsible civilly and criminally for the operations carried out on their account, since access will only be possible through the use of a password known exclusively to them.
2.2.4. Additional documents
By joining the Platform, Professionals, Companies and Clients undertake to make available within 10 (ten) days, counting from the request, any additional data and documents that may be requested by Crowd.
2.3. Data protection
2.3.1. Crowd respects your privacy and knows that Users care about how their information is used and shared, therefore, Crowd thanks you for your trust and guarantees that it will do so in a careful and sensible manner, in accordance with the General Protection Law of Personal Data (Law No. 13.709/2018)
2.3.2. Crowd collects the data and information voluntarily provided by Users at the time of registration, observing the principles of good faith, purpose, adequacy, necessity, free access, data quality, transparency, security, prevention and non-discrimination.
2.3.3. When using the Platform, Crowd may also collect information made available by internet browsers, such as information about the device used (mobile or computer), IP addresses, pages visited, date and time of connection, among others.
2.3.4. For the perfect provision of Services, Crowd needs to collect, store, transmit and/or make available to Customers the data and information provided by the Professional and/or Company at the time of registration. Thus, all information registered by the Professional and/or Company may be passed on to the platform's Customers.
2.3.5. The Professional and the Company declare to be aware that the possible use of their data by third parties, even if inappropriate or that in some way brings them harm, will not result in any type of liability on the part of Crowd, and any measures must be taken directly against the third.
2.3.6. Crowd will take all possible measures to maintain the confidentiality and security of data, but will not be responsible for losses that may arise from the violation of these measures by third parties who use improper, fraudulent or illegal means to access information stored on servers. or in the databases used by the Platform.
2.3.7. Crowd is obliged to act in accordance with current legislation, in particular Law No. 13.709/2018 (General Law for the Protection of Personal Data) and Law No. 12.965 (Marco Civil da Internet) and its decrees, in the collection, storage, sharing , transmission, provision and processing of Users’ personal data.
2.3.8. The Client, Professional and/or Company authorizes Crowd to collect, store, transmit and make data from the Client, Professional and/or Company available to third parties, as long as they are collected and stored only in the necessary amount, and must be deleted as soon as their goal.
2.4. Assessment
The Professional and the Company are aware that Clients may positively or negatively evaluate the quality of the service provided by them, and these evaluations and comments may be published on the Platform.
2.4.1.
The Client, Professional and/or Company may present, publish on the platform, content and text information, comments and feedback related to the services performed. Any content provided by the user of the platform will be free of copyright and may be disseminated worldwide, irrevocable, transferable, royalty-free, and shared in the future with Crowd's commercial partners, without the obligation of any additional payment to any person or entity;
3. Capacity and veracity of the skills and services offered
3.1 When including Services for contracting by Clients on the Platform, the veracity of the information made available by Professionals and Companies is assumed, as well as that they have the necessary technical capacity to carry out the Projects and the availability to deliver them within the deadline agreed with the Customer, with Crowd being exempt from any responsibility in this regard.
4. Responsibility for services rendered
4.1. The Professional and/or the Company and the Client hereby acknowledge, as applicable, that the Professional and/or the Company are not Crowd employees, but rather qualified partners who also use technology as a work tool, so that there is no there is no connection between Crowd and the Professional's core activity and, for this reason, Crowd has no responsibility for the service or the conduct of the parties involved, including the relationship between the Client and the Professional and/or Company through the Platform. Crowd only allows the parties to come together so that the Client can directly hire the Professional and/or Company to carry out the Projects, under the sole and exclusive responsibility of the Professional and/or Company, given that Crowd is only responsible for the curation and delivery of Projects to Clients by monitoring the activities carried out by Professionals and/or Company.
4.2. Therefore, Crowd cannot be held responsible for the effective fulfillment of the obligations assumed by the Professional and/or Company. Users acknowledge and accept that, when carrying out negotiations with Professionals and Companies through the Platform, they do so at their own risk, recognizing Crowd as a mere provider of Platform provision services.
4.3. In no case will Crowd be responsible for loss of profit or any other damage and/or loss that the User may suffer due to negotiations carried out or not carried out through the Platform, resulting from the conduct of Professionals and Companies.
4.4 If one or more Users or any third party initiates any type of complaint or legal action against the Professional and/or Company, each and every Party involved in the complaints or actions exempts Crowd and its directors, managers, employees, agents from all liability. , workers, representatives and attorneys.
5. Prohibited practices (prohibited content)
5.1. The dissemination of advertisements for projects and services that are illegal according to current legislation or that may be considered offensive to third parties is prohibited. Crowd will exclude, unilaterally and without any prior communication, those Users who disregard the rules contained in this Clause.
5.2. Professionals, Companies and Clients may not: (i) Obtain, store, disclose, sell and/or use personal data about other Professionals, Companies and Clients for commercial or illicit purposes; (ii) Use automatic means, including spiders, robots, crawlers, data capture tools or similar to download data from the website/Platform (except Internet search tools and non-commercial public files); (iii) Circumvent, or attempt to circumvent, in any way whatsoever, the system, mechanism and/or the Platform.
5.3 Without prejudice to the other obligations set out in these Terms of Use, the Professional and the Companies will not be able to provide their services to the Clients provided by Crowd without intermediation through the Platform, under penalty of termination of these Terms of Use and exclusion from the registration of the Professional, Companies, and/or Client, as well as the adoption of applicable legal measures.
6. Compensation Policy
6.1 The Customer will make payments electronically, so that the Customer will not need to have any amounts in hand on the date of service by the Professional and/or Company, nor will there be a requirement to make deposits. The Customer declares to be aware that no type of additional remuneration will be due beyond that contracted through the Platform, whether in the form of a tip or bonus. Crowd is not responsible for any payments made by the Customer outside the Platform.
6.2 Intermediation Services. As a prerequisite for adhering to the Platform's Remuneration Policy, the Professional must register a Company of which he or she is a partner, which will be responsible for carrying out the Projects and issuing invoices. In this sense, Crowd, at its sole discretion, may request the following documents, to prove the Company's regularity, in the form currently required by current legislation: valid CNPJ with CNAE (National Classification of Economic Activity) compatible with the services provided, in addition other documents that may be requested at any time by Crowd. When sending the invoice, the professional must provide bank details for payment of the amount due, via bank transfer, considering that the ownership must be the same as that of the tax document. Under no circumstances will Crowd make payments in cash, or into third party accounts.
6.3 The parties acknowledge and expressly agree that Crowd, when performing agency services, will receive, on behalf and order of third parties, payments to be made by Clients to Professionals and/or Companies, and that the amounts will only be made available to Professionals and/or the Companies after acceptance of the Projects by the Users.
6.4 Crowd will transfer the amounts due to the Professional and the Company by issuing the corresponding invoice, as follows:
(i) For Projects completed and approved between the 1st and the 30th of each month, the amounts will be transferred on the 31th of the month following the provision of services;
(ii) In order for the payment to be made, it will be mandatory to present an invoice, with the data (ID) and Project mentioned in the body of the invoice, as well as bank details.
(iii) The payment request will be made by email: [email protected], until the third business day of the month following the approval of the services, and will be sent to the email registered on the platform, and it is the user's sole responsibility to verify receipt. To this end, we request that the contact be registered in your email box to avoid that it is retained in the “spam” folder.
(iv) The deadline for sending the invoice will be the 15th of each month, if this deadline is not respected, payment will only be made in the next batch/payment remittance.
6.5 In the event that the Professional and/or Company has complied with all the requirements of the Project scope and, even so, the Client indicates that the result of the Project was not satisfactory and did not meet the Client's expectations, the Client will pay only 70% (seventy percent) of the amount owed to the Professional and/or Company, with the understanding that the transfer by Crowd will occur considering the reduced amount due to the Customer's dissatisfaction.
6.6 It is agreed between the parties that, as a result of the Services provided by Crowd, a percentage value will be deducted from the remuneration of the Professional and/or Company from the total value of the Service Order, which will be defined at the sole discretion of Crowd (“Crowd Value ”).
6.6 The parties acknowledge that they are aware that, in the event of adjustments occurring during or even after completion of the Project, the Crowd Value will be recalculated taking into account the total value of the services performed.
6.7 Crowd is not responsible for tax obligations arising from services provided by Professionals and Companies. Therefore, payment will only be released to the Company upon issuance of an invoice and the Company, in accordance with current law, will be responsible for fulfilling all obligations arising from its activities, notably those relating to the payment of applicable taxes.
7. Lack of employment relationship
7.1. As an independent professional who adheres to the Crowd Platform by his sole and exclusive will, the Professional attests that the Platform and its tools are not essential for the development of his economic activities and that there is no hierarchical, dependent, subordination or labor relationship between the Professional and Crowd, being able to provide their services freely and without interference from Crowd, including being able to freely provide services outside the Platform, to anyone who wishes to provide them, with no exclusivity.
7.2. The parties are fully aware that the relationship between them does not have any of the characteristics provided for by law for recognition of the employment relationship, being a strictly civil relationship of provision of services by Crowd in favor of the Professional according to the Professional's convenience in relation to the Services.
7.3 The parties to this Agreement are independent of each other and each one is entirely responsible for its operating costs, expenses, fees, contributions and taxes related to the maintenance of its company and activity.
8. Contract Termination
8.1 These Terms of Use are in force for an indefinite period, and may be terminated at any time and by either party, free of charge, without the need for justification and/or prior notice, as long as there are no outstanding obligations in relation to the Projects eventually contracted by the Customer, in which case termination will only take place after compliance with the obligations assumed.
8.2 Users who wish to cancel their registration on the Platform must send an email to [email protected].
8.3 It is agreed between the parties that these Terms of Use may be terminated, with the consequent exclusion of the Client, Professional and/or Company's account in the following cases without the Client, Professional and/or Company being owed any additional amount:
(i) if any legal violation and/or the provisions of these Terms of Use are identified;
(ii) if fraudulent acts are identified through the use of the Crowd Platform, directly or indirectly;
(iii) if the Professional, Company and/or the Client causes any direct or indirect damage to Crowd or third parties;
(iv) in other cases, if Crowd deems it necessary, due to violation of legal standards, incompatibility with the Platform's policy, among others, at Crowd's sole discretion;
(v) at any time and by either party, free of charge, without the need for justification and/or prior notice, as long as there are no services pending delivery; It is
(vi) if the Professional and/or the Company provide services to Crowd Customers without the intermediation of the Platform.
8.4 The Professional and the Company are aware that, in the event of contractual termination, payments due for both the monthly statement will be paid normally.
9. Confidentiality
9.1 The Professional, the Company and the Client undertake to keep confidential any information to which they have access under these Terms of Use, being obliged to use this information exclusively to achieve the purpose of the Platform, being responsible for all infractions possibly committed.
10. Image Rights
10.1 By including images or videos on the Platform, the Professional, the Company and the Client expressly authorize Crowd to use such images or videos in advertising pieces, granting their use in an unrestricted, non-onerous manner and for an indefinite period. The Professional, the Company and the Client also authorize Crowd to change the images or videos, including, but not limited to, the color, resolution, composition and size of such images or videos.
10.2 Crowd may remove publications from the Platform that contain images that do not comply with the Terms of Use and other Platform usage policies.
11. Intellectual property
11.1 The Client, Professional and the Company guarantee that all content, image, sound, technology, voice, etc., made available by them on the Platform and/or used in carrying out the Projects do not interfere with or violate the privacy and intellectual property rights of third parties . In this regard, the Professional, the Company and the Client hereby acknowledge, as applicable, that Crowd has no responsibility for the content, image, sound, technology, voice used by the parties in carrying out the Projects, and under no circumstances , may be held responsible for any violation of third party rights.
11.2 The Client, Professional and the Company declare to be aware that all brands, logos, patents, industrial designs, software, codes, copyright creations, inventions, utility models (in short, all figures that may be considered “intellectual property or industrial” or commercial secret) (“Intellectual Property”), as well as any and all distinctive signs of content, image, sound, technology, voice, etc. related to the Services to be provided to Users will be the exclusive property of the Users contracting the Services, undertaking to, if requested, sign any terms and/or contracts that may be requested by Users when contracting to carry out the Project, under penalty retention of amounts owed to the Professional and the Company.
12. Limitation of Liability
12.1 Crowd will make every effort to keep the Platform always available, but will not be responsible for temporary interruptions that may occur, for whatever reasons. Access to the Platform may be temporarily suspended, without notification, in the event of system failure, maintenance, repair or for any other plausible reason.
12.2 Crowd will not be liable for any indirect, incidental, special, punitive and consequential damages, or for lost profits (excluding remuneration under this Agreement), loss of revenue, data or data use.
12.3 In this sense, Crowd, its partners, employees, representatives, subsidiaries, affiliated companies, distributors, partners, licensees, agents or other people involved in the creation, sponsorship, promotion or creation of the Platform and its content cannot be held responsible for losses and damages of the Client, Professional and/or Companies in the following situations:
● For any act or omission, damage (direct, indirect, consequential or punishable), losses or costs supported, incurred or paid by the Client, Professional and/or Companies, due to their access to the Platform;
● When there is no proven breach of legal duty of care in relation to the Customer, Professional and/or Company data provided to the Platform;
● Due to failures, technical impossibilities or system unavailability.
12.4 If Crowd is held responsible for non-compliance with these Terms of Use, its liability will in any case be limited to the amount paid by the Client or received by the Professional and/or Companies using the Platform.
13. Communication between the Parties
13.1 If Users have any questions, comments, suggestions or complaints about services and/or products made available by Crowd, they can contact us through our Platform service channels: chat, email [email protected], or telephone number available on the Platform.
14. Sending the newsletter
14.1 Crowd may send news, promotions and offers of services and products chosen especially for Customers, Professionals and/or Companies to your email and channels such as WhatsApp. If Users do not wish to receive our emails, they can unsubscribe using the link indicated for this purpose in the footer of our email or upon request via the address [email protected]
15. Final Considerations
15.1 Regardless of any notification to the Professional, Company and Client, Crowd may modify the content of this Term and/or the Platform itself or any part thereof, at any time and at its sole discretion, without any type of compensation.
15.2 Modifications to the Terms of Use will come into force on the date of publication on their official website and, by continuing to use the Services provided through the Crowd Platform, the Professional, Company and Client automatically agree and be subject to the new provisions of the Terms of Use.
15.3 The Parties elect the Civil Court of the District of São Paulo to resolve any disputes arising, directly or indirectly, from these Terms, excluding any other, however privileged it may be.
15.4 The Professional and the Company may not transfer, assign or encumber the rights and obligations arising from this Term without Crowd's written consent.
15.5 Failure to exercise the right of either party cannot be interpreted as a waiver thereof, and precedents cannot be invoked as a tacit novation.
15.6 This Term signed between the parties revokes any previous agreement, verbal or written, having the same object, which may have previously existed between the parties. Thank you for reading our Terms of Use. Welcome to Crowd!
