Terms of Use – ggCheckout

1. Acceptance of the Terms

By accessing and using the ggCheckout platform (“Platform”), the user states that they have read, understood, and fully accepted these Terms of Use.

2. Purpose of the Platform and Nature of the Service

2.1. ggCheckout provides a technology solution for automation and integration of payment management, conversion tracking, and financial workflows between sellers, buyers, and external platforms. 2.2. ggCheckout acts exclusively as a technology and infrastructure provider and is not a financial or payment intermediary, transaction guarantor, custodian of funds, payment processor, payment institution, financial institution, or party to commercial relationships between users. 2.3. The Platform does not receive, store, or transfer funds between buyers and sellers. 2.4. Financial processing is performed directly by third-party payment processors or, for cryptocurrency, through peer-to-peer blockchain transactions.

3. Disclaimer for Content, Transactions, and User Relationships

3.1. ggCheckout does not create, host, edit, verify, or validate content, products, services, descriptions, prices, images, offer information, quality, authenticity, legality, compliance, promises, warranties, or deadlines offered by sellers. 3.2. ggCheckout is not responsible for delivery or non-delivery of products and services, delays, loss, damage, defects, nonconformity, refunds, exchanges, returns, after-sales support, warranties, technical assistance, or seller contractual breaches. 3.3. Disputes involving undelivered products, products different from the listing, defects, nonconformity, refunds, compensation, or any contractual breach must be resolved directly between buyer and seller, without ggCheckout involvement. 3.4. The Platform acts only as a technical channel for data integration and automation, without control, verification, or participation in commercial relationships between users.

4. Payments, Processing, and Financial Flow

4.1. ggCheckout does not process, intermediate, or participate in the financial flow between buyers and sellers; it only provides integration technology. 4.2. Traditional payments, including credit card, Pix, and boleto, are processed directly by third-party gateways such as Amplopay, PushInPay, MercadoPago, Efibank, and others. Funds move directly from buyer to gateway and from gateway to seller. ggCheckout does not touch, retain, or access transacted funds. 4.3. Financial disputes, chargebacks, refunds, holds, fees, withdrawal policies, limits, gateway or blockchain failures, and payment availability must be resolved directly between the relevant parties, gateways, or networks.

5. Intellectual Property

5.1. All Platform elements, including interface, systems, layout, brand, and source code, are protected by copyrights and intellectual property rights owned by ggCheckout. 5.2. The user may not copy, distribute, modify, reverse engineer, or use any Platform element without express written consent.

6. User Conduct

6.1. Users agree not to use the Platform for illegal, fraudulent, or unauthorized purposes; not to violate third-party rights, including consumer rights; not to interfere with systems or functionality; to keep credentials confidential; not to share access; not to impersonate any person or entity; and not to disclose third-party data without legal authorization. 6.2. ggCheckout may suspend or terminate access for users who violate these Terms.

7. Privacy, Data, and Audit

7.1. ggCheckout collects and processes data according to its Privacy Policy and Brazilian LGPD. 7.2. The Platform stores activity logs, transaction data, and access metadata for security, tracking, and audit. 7.3. ggCheckout may provide information to competent authorities under legal request, court order, or fraud investigation. 7.4. Operational data may be used for analytical reports and Platform improvement, provided it is anonymized. 7.5. If the user voluntarily enables, per product, integration with third-party ERP systems for fiscal document issuance, buyer personal data and transaction data may be transmitted to the ERP exclusively for that purpose.

8. Backup and Maintenance

8.1. ggCheckout performs periodic database backups for security purposes but does not guarantee recovery of data deleted because of user or third-party failure. 8.2. Users should keep local copies of relevant reports and transaction histories. 8.3. The Platform may undergo scheduled or emergency maintenance and may be temporarily unavailable.

9. Limitation of Liability

9.1. ggCheckout is not liable for financial losses, direct or indirect damages, lost profits, business interruption, or reputational damage arising from use of, or inability to use, the Platform. 9.2. Under no circumstances will ggCheckout’s liability exceed the amount, if any, paid by the user to the Platform in the previous 12 months. 9.3. The user assumes all risks associated with use of the Platform.

10. Illegal Activities, Fraud, and Full User Responsibility

10.1. ggCheckout is not responsible for products, services, or content offered by sellers; scams, fraud, embezzlement, or default by users; misleading sales; false advertising; unfulfilled promises; pyramid schemes; illegal multi-level marketing; gambling; counterfeit, illegal, or smuggled products; copyright, trademark, or intellectual property violations; or moral, material, or reputational harm caused by users. 10.2. The user is solely and exclusively responsible for the legality and compliance of their activities, contractual obligations, truthfulness of information and offers, taxes, licenses, permits, authorizations, and harm caused to third parties. 10.3. The Platform may not be used for scams, fraud, intentional non-delivery, misleading promises, pyramid or Ponzi schemes, illegal or counterfeit products, money laundering, tax evasion, or any illicit, unethical, or criminal activity. Violations may lead to immediate suspension, account termination, access and data blocking, reporting to authorities, and disclosure of evidence for investigation. 10.4. The user must indemnify, defend, and hold ggCheckout harmless from claims, legal costs, fines, sanctions, damages, or losses arising from unlawful or irregular conduct. 10.5. The user assumes civil and criminal responsibility for harm caused to third parties.

11. Monitoring and Cooperation with Authorities

11.1. ggCheckout may perform automatic or manual audits and usage checks to prevent fraud and abuse. 11.2. If suspicious activity is detected, ggCheckout may preventively suspend accounts or amounts involved until analysis is complete. 11.3. The Platform will cooperate with official investigations and provide information requested by competent authorities within the limits of the law.

12. Cooperation with Authorities and Data Disclosure

12.1. Data may be provided when there is a court order or request from prosecutors, police authorities, or regulatory bodies, as permitted by law. 12.2. The request must be formal, specific, and justified, related to investigations of fraud, unlawful acts, contractual breaches, or public safety threats. 12.3. Processing may also occur when legitimately necessary to prevent fraud, crimes, or abuse, respecting proportionality, necessity, and purpose limitation.

13. Governing Law and Venue

13.1. These Terms are governed by the laws of the Federative Republic of Brazil. 13.2. The courts of Campinas/SP, Brazil, are elected to resolve disputes arising from these Terms, excluding any other venue, however privileged.

14. Changes to these Terms

14.1. ggCheckout may update these Terms at any time. 14.2. Changes take effect immediately after publication on the Platform. 14.3. Continued use of the Platform constitutes acceptance of the changes.

15. Account Termination

15.1. ggCheckout may, at its discretion, suspend or delete access for users who violate these Terms, pose a risk to Platform integrity, or are involved in suspicious or illegal practices.

16. Governing Law and Venue

16.1. These Terms are governed by the laws of the Federative Republic of Brazil. 16.2. The courts of Campinas/SP, Brazil, are elected, with express waiver of any other venue, however privileged, to resolve eventual disputes.

17. Affiliate Program and Responsibility for Manual Payouts

17.1. ggCheckout provides affiliate program functionality that allows producers to associate affiliates with checkouts and stores for tracking and automatic commission calculation. 17.2. ggCheckout acts exclusively as a tracking and commission calculation technology provider and does not guarantee commission payment, intermediate funds, or enforce agreements between producer and affiliate. 17.3. When a producer uses on-demand billing gateways where the producer receives the full sale amount, the producer is solely and non-transferably responsible for manually paying commissions by Pix or another agreed method, meeting reasonable deadlines, communicating pending payouts, and honoring agreed commission percentages. 17.4. The Platform provides records and reports to support control, but does not guarantee, require, or execute payouts. 17.5. ggCheckout is not responsible for delays, omissions, refusals, disputes, losses, indemnities, or compensation between producer and affiliate. 17.6. The affiliate acknowledges that payment disputes must be resolved directly with the producer. 17.7. The producer assumes civil and criminal responsibility for failure to make owed payouts.

18. Third-Party Services and Integrations

18.1. The Platform integrates third-party services including payment processors, KYC, cloud infrastructure, e-mail, communication, analytics, and tracking. 18.2. ggCheckout does not control, guarantee, or assume responsibility for the availability, security, accuracy, or legality of those services. 18.3. Failures, interruptions, data leaks, fraud, or losses caused by third parties are the sole responsibility of those providers. 18.4. The user acknowledges that data may be shared with third parties as necessary to operate the services.

19. Force Majeure

19.1. ggCheckout is not responsible for failure or delay caused by force majeure or unforeseeable events, including third-party service failures, APIs, gateways, cyberattacks, DDoS, hacking, internet or telecommunications failures, natural disasters, pandemics, wars, conflicts, regulatory changes, government blocks, or court orders. 19.2. In such cases, ggCheckout will use commercially reasonable efforts to restore services, without any guarantee of timing or compensation.

20. Indemnification and Defense

20.1. The user agrees to indemnify, defend, and hold ggCheckout, its legal representatives, officers, employees, contractors, and partners harmless from claims, damages, losses, liabilities, costs, and expenses, including attorneys’ fees, arising from violation of these Terms, violation of third-party rights, misuse or illegal use of the Platform, content, products, or services offered by the user, fraud, scams, or unlawful activities. 20.2. ggCheckout reserves the right to assume the exclusive defense of any matter subject to indemnification, without prejudice to the user’s indemnification obligation.

21. Immediate Suspension and Termination

21.1. ggCheckout may, at its sole discretion and without prior notice, suspend, block, or permanently terminate access of any user who violates these Terms or applicable law, shows suspicious or fraudulent behavior, harms Platform reputation or operations, is subject to official investigations or lawsuits, or receives abnormal volumes of complaints or chargebacks. 21.2. Held amounts may remain blocked for up to 180 days for chargeback or fraud analysis. 21.3. The user is not entitled to indemnity or compensation for justified suspension or termination.

22. Contact and Support

For questions, requests, or complaints, contact the official channels available on the ggCheckout Platform. Legal name: Ggcheckout LTDA. CNPJ: 61.924.187/0001-04. Address: Rua Comendador Torlogo Dauntre, 74 - Sala 1207, Cambui, CEP 13025-270, Campinas/SP, Brazil. Support e-mail: suporte@ggcheckout.com. Website: https://www.ggcheckout.com.

23. Arbitration, Class Action Waiver, and Dispute Resolution

23.1. Disputes related to these Terms or use of the Platform will be resolved by individual, binding, confidential arbitration under the rules of the Câmara de Arbitragem e Mediação de Campinas (CAMC), seated in Campinas/SP, Brazil, and governed by Brazilian Law No. 9.307/96. 23.2. The right to use small claims court for individual low-value disputes up to R$20,000.00 is excluded from arbitration. 23.3. The parties waive class actions, representative actions, and jury trials related to the Platform or these Terms. 23.4. Before initiating arbitration, the interested party must send written notice with a summary of facts, grounds, and amounts involved, and the parties will seek an amicable solution for at least 30 calendar days. 23.5. Arbitration will be conducted in Portuguese and all awards will be final, non-appealable, and binding. 23.6. Each party bears its own attorneys’ fees unless the arbitrator decides otherwise.

24. ERP Integration and Fiscal Document Issuance

24.1. ggCheckout offers optional integration with third-party ERP systems, such as Bling Sistemas de Gestão S.A., exclusively to help users issue fiscal documents for sales made through the Platform. 24.2. Activation requires express user authorization through OAuth 2.0 and granular per-product configuration. ggCheckout will not issue fiscal documents without user activation and configuration. 24.3. The user is the sole issuer of fiscal documents generated by the integration, issued under the user’s CNPJ, CPF, or fiscal registration, never under ggCheckout. 24.4. The user is responsible for keeping fiscal registration regular, classifying products and services, defining tax rates, validating buyer and sale information, complying with fiscal obligations, and reviewing documents before and after issuance. 24.5. Availability, operation, timing, and quality depend on third parties, including the contracted ERP, fiscal APIs, SEFAZ, municipalities, and government contingencies. 24.6. The integration will transmit buyer and transaction data to the ERP for strict fiscal purposes. 24.7. The user may revoke authorization at any time, without invalidating documents already issued or legal retention duties. 24.8. ggCheckout is not responsible for fiscal rejections, ERP downtime, registration errors, penalties, taxes, fines, delays, cancellations, inconsistencies, or losses arising from fiscal issuance. 24.9. The user must indemnify and hold ggCheckout harmless from claims, assessments, costs, and losses related to fiscal issuance. 24.10. Data transmitted to the ERP is also subject to the privacy policy and terms of the third-party provider. 24.11. ggCheckout may keep technical logs of the integration for security, audit, and support. 24.12. Use of the integration means full awareness and acceptance of this clause.