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Service Terms: Set of legal rules previously established by Habitat, which establish the rights and obligations that must be accepted by each user as a condition for contracting the Site's services.

Site: - HABITAT IMERSÃO EM IDIOMAS LTDA., legal entity governed by private law registered with the CNPJ/MF under no. 18102304000125, headquartered at Servidão Pacifico nº 440, Cachoeira do Bom Jesus neighborhood, in the city of Florianópolis - SC, CEP. 88,056-480.

Customer or Service Provider: Any natural or legal person who contracts services through this website.

Helper or Service Provider:Any natural person who offers and provides language consultancy services through this Website.

User or Party: Any natural or legal person who uses the services of this Site, including Habitat, Helpers and Customers.

Third: Any natural or legal person who is not a direct party to the contract.

Privacy Policy: Rules that establish how the Website captures, processes and disposes of its users’ data.

Cookies Policy:Rules that establish how the Website uses cookies to provide the user with a better browsing experience.

Scheduling Policy:It establishes clear guidelines and fundamental rules for scheduling, rescheduling and canceling sessions, as well as the responsibilities of the parties.


I – Initial Considerations:


a) If you are contracting Habitat services, you will be subject to the terms below when you use the services offered on the Website;


b) Our website's main objective is to bring users closer to language consultants, providing them with the advertising and payment support necessary for them to provide and receive services. Therefore, each user is solely responsible for their obligations, whether in relation to the services provided or payments;


c) Each party therefore recognizes that Habitat is only a means of publicizing the language consultancy services offered by Helpers and facilitating their access by Clients;


d) As an intermediary, the Site will charge Customers for services and will take care of the respective transfer to Helpers, according to the agreed commercial conditions. The prices for the services will be published on the Website and also before each payment. These values may be changed at any time via the Website, with payments already made being respected;


e) The Site has a self-evaluation system that allows each user to evaluate other users with whom they have already contracted. Each user is responsible for their own evaluation, however the Site reserves the right to delete any offensive or inappropriate comments;


f) These Terms constitute a Service Provision Agreement between the parties, subject to Brazilian legislation as a whole, mainly articles 593 et seq. of the Brazilian Civil Code, not excluding the specific rules that govern each business activity;


g) Habitat reserves the right to veto the registration or delete the profile of any user if they use false information or personal data or those of third parties, if they have a criminal record of embezzlement or digital crimes, or in any hypothesis that the Site considers that may pose risks to the trust of other users on the Site.


h) Electronic communications. We will send information related to your account (e.g., payment authorizations, charges, password or payment method changes, confirmation messages, notifications) only in electronic format, for example, via emails to the address provided during registration and communication applications such as Whatsapp.


II – Habitat Obligations:


a) Perform the Services in accordance with the strictest ethical standards of behavior, respecting all legal and regulatory standards in force for your activity, making your best efforts to ensure a good experience for your Customers;


b) Be responsible for the selection and training of Helpers, ensuring the provision of services offered, service and sending information to its users;


c) Maintain a cordial and professional relationship with customers, valuing good service and clarifying their doubts regarding the Website's services;


d) Refrain from carrying out acts that may cause any type of damage or harm to the business or reputation of users;


e) Maintain absolute confidentiality with respect to users and contracted services, committing to correctly store and not disclose users' personal data; 


f) Be exclusively responsible for hiring labor, employing qualified labor in sufficient numbers to perform the services. Furthermore, the Site ensures that it will only use employees, agents and/or third parties who are duly qualified and suitable, and with regularly registered employment contracts, correctly remunerated in accordance with the law, ensuring their respective labor and social security rights;


g) Assume and be responsible for the tax, fiscal and social security payments corresponding to the provision of services contracted here, including all other charges that may fall on the activities carried out during the provision of services that have any connection or incidence with the Website, being This includes labor, civil and criminal responsibilities and burdens on your service, your employees, agents and/or appointed third parties.


h) Guarantees and exemption from liability. The Habitat Languages service is provided “as is” without specific warranties or conditions. Our service may not be free from interruptions or errors.


III – Customer Obligations:


a) Pay Habitat for the provision of services in accordance with the price and payment method published on the Website;


b) Present to the Website, when requested, all documents and information requested for the good and faithful fulfillment of this contract;


c) Notify, in writing, the Website of any irregularities in the services so that it can correct them; It is


d) Comply with the rules and regulations of the Website informed when contracting the services;

e) Do not contract with the Site's professionals directly, other than through the Site, under penalty of immediate exclusion from the Site and suspension of contracting for new plans for a period of two years;

f) The Customer may only approach, negotiate and/or directly hire the professional presented by Habitat after 12 (six) months of the end of their plan with the Site, under penalty of a fine in the amount of 20 (twenty) times the value of the contracted plan.


IV – Obligations common to the PARTIES:


a) Do not use the name and/or image of the other party in any way other than strictly for the performance of services, mainly for commercial purposes, unless authorized in writing by the other party;


b) Do not register with false data, nor send or publish offensive, discriminatory, pornographic or profane content, under penalty of a fine of R$ 1,000.00 (one thousand reais) for each act, deletion of the content and deletion of the profile on the Website;


c) Do not use the Site to: (I) send spam or messages that in any way violate applicable legislation; (II) send or store infringing, obscene, threatening, defamatory, or illegal material, including material that is harmful to children or violates the privacy rights of others; (III) send or store material that contains viruses, worms, Trojan horses or other codes, files, scripts, agents or programs that threaten the security of the software and its users; (IV) interfere with or disrupt the integrity or performance of the services or the data contained therein; (V) attempt to gain unauthorized access to the Services or their related systems or networks; 


d) Do not use the other party's contact details to send unauthorized materials, such as spam, nor transfer them to third parties;


e) Treat all information exchanged between the parties with secrecy and confidentiality. Information and data (I) that were already in the public domain when this agreement was signed will not be considered confidential; (II) that were publicly disclosed by third parties other than either Party; (III) that were legally obtained by one of the Parties through third parties other than the other Party; (IV) whose disclosure is required due to a request from public authorities or a court order;


f) The Parties, directly or indirectly, will not make or authorize the use of brands, logos, jargon or any type of intellectual property (including industrial property rights, such as patents, company secrets, know-how, processes and innovations, registrable or not) of the other Party (the “Intellectual Property”), except for the execution, if necessary, of this Agreement and, exclusively, during its term, and provided that they obtain express approval to do so;


g) The Parties mutually declare and guarantee, including to their suppliers of goods and services, that: 


g.1- do not use illegal labor, and undertake not to use labor practices similar to slavery, or child labor, except for the latter as an apprentice, observing the provisions of the Consolidation of Labor Laws, whether directly or indirectly, through their respective product and service suppliers; 


g.2- do not employ minors up to 18 (eighteen) years of age, including apprentice minors, in places that are harmful to their training, physical, psychological, moral and social development, as well as in dangerous or unhealthy places and services, at times that are not allow attendance at school and also at night, considering this to be the period between 10pm and 5am;


g.3- do not use practices of negative discrimination, which limit access to the employment relationship or its maintenance, such as, but not limited to, reasons of: sex, origin, race, color, physical condition, religion, status marital status, age, family situation or pregnancy status;


g.4- adopt a policy to prevent and combat corruption, money laundering and terrorist financing, drawn up in accordance with applicable legislation, as well as carrying out their activities in strict compliance with these policies, not adopting any practice prohibited by Applicable legislation or using in its activities any values, assets or rights arising from a criminal offense;


h) Each party is irrevocably and irrevocably responsible for any labor claims or any act of an administrative or judicial nature, including arising from a work accident, that may be brought by its employees, agents, collaborators or subcontractors, against the other party, at any time, for whatever reason, being fully responsible for the payment of any convictions, indemnities, fines, legal fees, procedural costs and other charges that may exist, as well as excluding the other party from being a possible defendant;


i) Each party will be exclusively responsible for all taxes, fees and contributions of any nature, in force or to be in force, the triggering event of which is linked to its activities. Under no circumstances will solidarity, tax, social security, insurance or compensation be permitted between the parties or the liability of one party for a triggering event linked to the other;


j) Do not transfer the rights and obligations of this contract to third parties, except with the express consent of the other party. If, due to the nature of the activity, part of the obligation is performed by a third party, the party that transferred the obligation to a third party will be solely and exclusively responsible to the other party and to the Site;


k) Each party guarantees that it has all the necessary licenses and legal authorizations to carry out its activity.


V – Scheduling Policy


a) Deadlines and Advance

a.1- Sessions must be scheduled at least 12 hours in advance.
a.2- Cancellation or rescheduling of sessions must be done at least 24 hours in advance.

a.2.1- If the customer is unable to schedule, cancel or reschedule a session in a timely manner, the session will be considered lost and the credit used.

b) Validity Period of Credits

b.1- Session credits are valid for 30 days from the date of purchase or renewal of the subscription.
b.2- Upon expiration, unused credits will be considered lost and cannot be recovered.


c) Pause Policy

c.1- The client may request up to three breaks in sessions as long as the sum of the suspension periods does not exceed 30 days per calendar year.

c.2- To request a break, the subscriber must formally communicate to our support team at least 5 business days in advance, informing the start and return date of the break, respecting the maximum limit.

c.3- The support team will confirm the pause and resumption date of the sessions through Habitat Languages' official communication channels.

c.4- Credits not used before the break will be maintained and may be used after the sessions resume.


d) Subscription Renewal and Cancellation

d.1- The subscription is automatically renewed at the end of each contracted cycle, unless the customer cancels the automatic renewal via the Habitat Languages website.

d.2- The customer can cancel automatic renewal at any time before the next subscription renewal date.

d.3- The customer will have access to the services until the end of the contracted cycle, even if they cancel the automatic subscription renewal.


e) Payment Options

e.1- For recurring plan customers, payment will only be made by credit card through our page or app.

e.2- For clients who purchase session packages, payment can be made by credit card or pix through our page or app.


f) Responsibilities and Communication

f.1- Habitat Languages is responsible for ensuring that the scheduling system is working correctly and that customers receive appointment reminders via email.


f.2- It is the client's responsibility to schedule, cancel and reschedule their sessions via the scheduling system provided by Habitat. 


f.3- It is the client's responsibility to schedule sessions at least 24 hours in advance and cancel or reschedule at least 12 hours in advance.


f.4- It is the customer's responsibility to be aware of policy changes through the communication channels provided by Habitat Languages.

f.5- Under no circumstances may the client schedule sessions directly with the Helper or in any other way than through means made available by Habitat Languages, under penalty of a fine of 20 (twenty) times the value of the contracted plan.

g) No-Show Policy

g.1- Failure to attend a scheduled session without adequate prior notice will result in the loss of credit for that session.

g.2- The client will not be able to reschedule the missed session and will not be refunded the session fee.

g.3- In case of absence of the Helper in the scheduled session, the credit will be reinstated for a new appointment, plus 15 minutes with the same Helper, or with another Helper from your choice, for the same period without the addition of 15 minutes.


VI – DATA Processing and Protection:


a) In accordance with Law 13,709/2018 – General Data Protection Law, to fulfill the purpose of this contract, the Parties may only collect, conserve and process data from the other party solely to fulfill the Contract, and provided that with your consent, the data holder being responsible for the due protection of the data in its possession;


b) Data processing will be for the following purposes: execution of services, economic and accounting, tax, administrative management, customer management, supplier management and history of commercial relationships, human resources management, collections and payments;


c) The party receiving the data will only communicate or transfer in part or in full the personal data of the other party to public and/or private entities if it arises from a legal obligation, or even if this is necessary to comply with this Agreement;


d) Either party may request the other party to access personal data concerning them, as well as their rectification or deletion, limitation of processing, as well as the right to data portability;


e) The party that incorrectly treats the other party's data will be subject to the sanctions provided for in Law 13,709/2018 – General Data Protection Law


VII – Duration of the Contract and TERMINATION:


a) Your subscription will continue until canceled, with the exception of non-recurring payment plans. Unless you cancel your subscription before the billing date, you authorize us to charge the subscription fee for the next billing cycle using your payment method (see “V – Scheduling Policy”).


b) If the Customer terminates (cancels) the contract within the first seven days of contracting (when they will have access to a tasting of the services), the amount paid will be 100% refunded. If cancellation occurs after seven days, refunds will be made as follows:


b.1. If the client enjoyed up to 50% of the contracted sessions: 50% refund of the amount paid;


b.2. If the client enjoyed 51% or more of the contracted sessions: there will be no refund of any amount paid.


c) Price changes and subscription plans. From time to time, we may change our subscription plans and prices for our service. Subscription prices may be revised periodically to better adapt to the continuous improvement of our service. We may also adjust the price of your subscription annually, or more frequently, as permitted by applicable law. Any price changes or changes to your subscription plans will only apply 30 days after notification is sent to you.


d) Habitat may assign or transfer our contract in the event of corporate transactions, including our associated rights and obligations. You agree to cooperate with Habitat in any such assignments or transfers.


VIII – Closing


a) By using the Site, the Parties declare that they have read and agreed to these Terms and Conditions. 


b) The Parties declare, for all legal purposes and effects, that they have the powers to properly represent their company in this document and that the lack of powers to represent cannot be considered as an argument that invalidates the enforceability of this document. Furthermore, the signatories agree that they are civilly and criminally responsible in the event of a lack of powers to sign this document, which will be subject to its acceptance on the Site.


c) The parties elect the forum of the District of Florianópolis - SC as competent to resolve any conflicts.


Habitat Languages reserves the right to change this policy at any time without prior notice.

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