NEXTAR'S TERMS OF SERVICE (USE)

Last Updated: January 11th, 2022.

Welcome to NEXTAR ("Nextar Software Technology").

This Terms of Use is for you (USER), who accessed/registered on the NEXTAR website or via app stores/is a subscriber to the PRO, PREMIUM and TAX plans of Nex or Nextar POS (our commercial management software), and confirms the concern of NEXTAR Software Technology LTDA (https://www.nextar.com.br/), located at The InnovationCenter ACATE Primavera (Rodovia SC 401, Km 4 Bairro Saco Grande, Florianópolis - SC), registered with CNPJ under no 04.580.911/0001-96 (DEVELOPER)

with your protection, because it is for the success of our users that we are all and all working daily!

Introduction:

In compliance with the provisions of Law No. 13,709/2018 - General Law for the Protection of Personal Data - LGPD, we inform you that:

1. This Term governs the use of our commercial management software "NEX" and all features, applications, services and technologies made available by NEXTAR Software Technology LTDA.

2. You who are "Users" of NEXTAR products, must read and make sure that you understand this Terms of Use in order to accept the conditions set forth in it, being aware of all the information contained in its scope.

Be aware: You should read this Term carefully and carefully, as it contains important information about your rights and obligations regarding access to or use of our products/services.

3. To better meet your interests, it is indispensable to accept this Terms of Use (and other company policies and principles) when using NEXTAR products, so that you have access to all the features of our commercial management software.

Please note: By accessing/using our Nex commercial management software, you agree to be bound by these Terms and comply with all of its rules.

4. For your (and our) security, we comply with what civil laws determine about the ability to practice acts (necessary for your registration and for the contracting of our services):

a) You represent that you are over 18 years of age;

b) if you are absolutely (Article 3 of the CC) or relatively incapable (Article 4 of the CC), WE REQUIRE the specific consent and, in particular, given by at least one parent or legal guardian in your registration and in the contracting of our services.

c) If you are using our NEX commercial management software on behalf of an entity and/or legal entities under private law (Article 44 CC), you:

c.1) guarantees to be authorized to accept this Term on behalf of the respective entity and/or legal entity, as well as,

c.2) warrants that this entity and/or legal entity agrees to indemnify NEXTAR for any breaches of the obligations described in this Term.

Be aware: it is your responsibility to ensure the accuracy of the personal data provided for the contracting of our services and keep them up to date.

5. You, who are users of NEXTAR products,are fully responsible for any and all acts you practice in the use of this.

Staytuned: NEXTAR is not obliged to process Personal Data of users who

a) use themselves in bad faith;

b) if there is the possibility of being held liable by NEXTAR for legal or regulatory infringement; or

c) if we detect that the user is using our environments (physical/digital) for illegal, unlawful or immoral purposes.

6. If you (User) do not agree to any of the conditions set forth in this Term, you must not use the website and other Nextar product.

I - SUMMARY OF NEXTAR'S TERM OF USE:

We prepare this Summary to present to you the main conditions of this Term.

Staytuned: the reading of this summary does not replace the reading (and acceptance) of all the information contained in its scope, which are listed below, in item II (NEXTAR TERM OF USE).

Subject

Conditions of use

Support and Technical Support

To receive our technical service, you (user) need to have a stable Internet connection, and there is a possibility that there is a need to allow remote access to your computer, that is, to let one of our specialists remotely access the machine that should receive the support.

Software Update

To ensure the best functioning of ourcommercial management software, you (user)undertake to keep our software always up todate, using the latest available version.

Stay tuned: Normally, notices are displayed inNEXTAR's own software, oriented on the needfor updating, but we recommend that the uservisit our website frequently, to check fornew updates.

Exchange of Information between the Software and Nextar server

To ensure the correct functioning of theSoftware and enjoy all the advantages of ourservices, it is necessary to exchange datainformation from the software (and the userdatabase) with NEXTAR's servers. Thisexchange of information is carried outsecurely and anonymously.

NEXTAR may use this information in differentways, such as creating reports for the userhimself to access from other computers andcreating anonymous Sales statistics. Thisinformation may only be passed on to thirdparties anonymously.

NEXTAR will not disclose registration data(such as: cnpj, cpf, rg, address or email),of any establishment or user to thirdparties. This data will be kept on NEXTAR'sservers through the best security practices,and can be accessed only by the user himself,through his login and password (which wascreated by the user himself, who isresponsible for his/her security).

Features of the Software and our services

To ensure the quality of the software and the simplicity of its operation, new features may appear in the software with each version update, as well as old features may cease to exist or have limitations of use, both in the Free plan and in any of the paid plans. The same can happen with the offer of our services, such as support.

Except in the cases provided forin Law No.9,609/98, NEXTAR does not undertake tomaintain any functionality or service that has been offered in the past, regardless of whether they are charged or not.

Incompatibility of the Softwarewith other Programs

Due to the multitude of existing programs (and that may be being used on users'machines), it is possible that nextarsoftware may be incompatible with some other one already installed on your computer or mobile phone.

NEXTAR will do its best to ensure the correct functioning of our software when a mismatchis identified, but we cannot guarantee that the solution can be found.

Direct distribution(no representatives)

NEXTAR has CONSULTANTS, which can offer its services and indicate to our nex commercial management software, but without intermediary the commercial relationship between NEXTAR and the user.

NEXTAR has no commercial representative in any region of Brazil or abroad, the distribution of our software, and the subscription of our paid plans, are carried out exclusively through one of our websitesand via app store: www.programanex.com.brfor download and minhaloja.nextar.com.br for license subscription, as well as forsubscription to Mobile,

https://www.apple.com/br/app-store/ and

https://play.google.com/store

Stay tuned: NEXTAR is not responsible for anydamage caused by any individuals who presentthemselves as representatives of NEXTAR. Ifsomeone presents themselves as such, wesuggest that the user does not accept anyservice and product of this third party.

It is expressly forbidden for any individual to present himself as a commercial representative of NEXTAR and our NEX commercial management software.

Advertising

NEXTAR may use areas of the software at anytime, and without notice, to display advertising from advertisers.

NEXTAR will apply usability best practices to ensure the operation of the software in its integrity and in a simple way, always seeking to bring advertisers of interest to the user's establishment.

Reversal of Payments

NEXTAR will make payment reversal in relation to Nex Desktop due to withdrawal of usewithin 7 days after the signature, as provided for in Article 49 of the Consumer Protection Code (CDC) and Decree No.7,962/2013, within the monthly, semi annual or annual recurrence.

Regarding Mobile, U.S. laws are subject insome respects. The App Store and Google Playare solely responsible for the terms and payment processes. Refund requests or payment questions should be sent to those responsible for these services, i.e. Apple (App Store) orGoogle (Play Store)

For your peace of mind, in case of possible delay errors of NEXTAR (which may generate duplicate payments), NEXTAR is responsible for performing the reversal immediately.

Stay tuned: For a better user experience, weoffer 14 days of "free trial", and we suggest that the user use these days to make sure that our business management software meets their needs before purchasing the subscription to one of our plans.

Storage of data used by users

It is not in the scope of desktop services offered in our NEX commercial management software, the storage of data used by users, which means that we do not automatically store this metadata in the cloud (nor do we automatically back up your daily information)

In the case of the Mobile product, all registered data is saved in the cloud and can be redeemed only with login and password of any mobile phone, not requiring the backup.

Be aware: the user must back up daily, thus ensuring that all of their information is properly archived.


This version of NEXTAR's Terms of Use dates from: October1, 2021, but as we have evolved every day - to fulfill our mission of facilitating trade for all as efficiently as possible, this Notice may be adjusted at any time to adapt it to the evolutions of our services.

II - NEXTAR TERM OF USE

1. What's this term for?


1.1. The conditions of this Term apply to the products and services provided by THE COMPANY NEXTAR TECNOLOGIA DESOFTWARE LTDA, legal entity of private law, registered inthe CNPJ under no. 04.580.911/0001-96, with headquarters at Rodovia José Carlos Daux, nº 4150, block "C", room 8, in Florianópolis/SC, CEP 88.050-000, here in after referred toas "NEXTAR" and or "Developer".

1.1.1 It is important that you (User) know that thepersonal data you provide to access our products and services is your sole responsibility, and you have the right to suspend or delete them from our registrations.

1.2. This Terms of Use presents the main rules to be observed (and followed) by users of our products and services, including our NEX commercial management software (which allows merchants to have full control of inventory, sales, orders and budgets, Online Product Catalog), application, and other features provided at URL addresses:

https://www.nextar.com.br/

https://www.nextar.com.br/ ,

https://www.programanex.com.br/planos ,

https://minhaloja.nextar.com.br ,

https://ajuda.programanex.com.br/ ,

https://www.apple.com/br/app-store/ and

https://play.google.com/store

1.2.1 This Term does not create any form of link (other than licensing) between the User and NEXTAR, which means that its agreement will not generate limitation, company, mandate, partnership, association, joint venture, consortium, economic group formation, employment or similarbond. NEXTAR will remain an independent and autonomousentity.

1.2.2 In possession of this information, you represent that you are aware of and agree that the services provided by our NEX commercial management software depend on the purchased plan, which have different functionalities as described in the plan.

1.2.3 You represent that you are aware of and agree that all rights linked to nex commercial management software are owned and reserved for NEXTAR.

2. What information is available about the use of NEXTAR's website, products and services?

2.1 Our website, products and services, as a digital environment, allow the User to hire our management software, entitled "NEX", which provides the complete Commercial Management service: Online Product Catalog (exclusive to Nex Desktop), inventory control, sales, orders and budgets, in addition to having an intuitive POS.

2.1.1 WebSites are responsible for the dissemination and availability of Nextar Products, which in turn configure computer programs dedicated to the management of different types of trade, as detailed description sits on the Sites.

2.2 Our electronic platform, guarantees your access safely and easily, offering you a unique browsing experience, in which the services offered are displayed (together with your prices), as well as promotions, display of the forms of delivery and payment related to the services offered.

2.2.1 In order to access our electronic platform, in asecure manner, and fully use its functionalities, the User must have compatible electronic devices and equipment, Internet connection service with antivirus and firewall enabled, original /licensed software (and, duly updated), in addition to adopting cyber security measures, sufficient to avoid data breaches, such as the use of strong password.

2.2.2 Our Website and Nextar Products may not function properly because of network problems and/or because of connection problems of any of the parties involved (fortuitous case/force major), situations that are outside the developer's control and therefore will not be your responsibility.

2.2.3 You are aware that our Website and Nextar Products may not be compatible with other programs installed on your electronic devices and equipment; or present failures (still unknown to the Developer), which may eventually obstruct users' access, generate incorrect information and/or not properly store data from users'activities.

2.3 The User authorizes the Developer to display any typeof advertising on the website and/or the Nextar Products,as well as is aware that any remuneration arising from this advertising will be solely and exclusively up to Nextar.

2.4 Our website has some features, however, periodic improvements and updates may occur, as we are a company of people facilitating the lives of others through technology. In this way, NEXTAR undertakes to:

a) Preserve the proper functioning of our electronicplatform, with the use of functional links and layout that respects usability and navigability, whenever possible;

b) Display the functionalities in a clear, complete, accurate and sufficient way, so that our users have the exact perception of the operations performed; and

c) Ensure (through the state of the available technique) the confidentiality of the personal data that may becaptured, being accessible only by people authorized by NEXTAR and by whom the User consents, in addition tohimself.

2.4.1 NEXTAR also undertakes to guarantee you the right to use our website and/or our Products and services, provided that the conditions of this Term are respected. However, it is expressly prohibited:

a) reproduce or relay (in part, or in whole) nextar's websites and/or products and services;

b) use data mining device and/or similar to collectand/or extract data from NEXTAR websites and/or productsand services;

c) manipulate or display NEXTAR's websites and/or Products and services and/or their contents using framingor related navigation technology; and

d) reverse engineer on NEXTAR's websites and/or Products and Services.

2.5 The Company responsible for our electronic platform is NEXTAR itself.

3. How do I register with NEXTAR?

3.1 In order for the User to gain access to the exclusive"NEX" desktop client area, and create their Access Account,he must:

a) fill out the registration with some information that is strictly necessary for the provision of service (i.e., to achieve the purpose sought by the User). This data has its security guaranteed by the protection system installed on the NEXTAR website, especially for this purpose. Personal data such as telephone number, e-mail and CPF/CNPJ (informed in the register) will be associated with a single User/Registration Form. Regarding Mobile, simply access the app store, whether iOS or Android, download, and will only be required user and password.Stay tuned: Under no circumstances will we accept by our website the registration of new accounts, held by the same User.

b) create your login and password, which are unique,personal and non-transferableStay tuned: the User is responsible for the custody and confidentiality of his/her own password. If the user forgets his/her password, a new password can becreated to access our website, upon request to NEXTAR SUPPORT, informing the email address used in his initial registration.

3.2 From the moment you start using our electronic platform, you must also declare that you are solely and exclusively responsible, (including civilly andcriminally), for the correctness and accuracy of the information provided in your Registration.

Be aware: when necessary, we may verify your registration information, and if NEXTAR identifies any type of malicious and/or fraudulent attitude in the provision of incorrect or false information, which has been registered by any User, may suspend or cancel registrations that it considers violate the rules and guidelines established by NEXTAR.3.3 When you create your Access Account, you consent to

a) the collection, use and storage of your information,within the limits of our PrivacyNotice.

b) sending messages (e.g. usage guidelines, e-mail marketing, communications, et

c.) to the email provided bythe User.

d) the sharing of any information collected in accordance with our Privacy Notice.

3.4 Information collected through our electronic platform may be stored and processed in any country in which the Developer or its affiliates, subsidiaries, partners or agents maintain offices and, by using the Sites and/or the Nextar Products, you consent to the transfer of that information outside your country, within the limits of our Privacy Notice.

3.5 Your registration data is under our responsibility throughout its life cycle, and its use, access and sharingwith other processing agents (where necessary) are attached to the limits of the business described in our PrivacyNotice.

3.5.1 We are concerned about the security of our users, so in sharing data with other processing agents (when necessary), these agents will receive only the information necessary to provide the contracted service, and will be obliged to maintain the confidentiality of the shared information and may not use it for any other purpose.

3.5.2. Whenever possible and compatible with the functionalities of the WEBSITES and NEXTAR Products, the information processed by the developer will be anonymized in order to preserve the users' data in accordance with the provisions of our Privacy Notice.

3.5.3 The website and/or NEXTAR Products may use cookies or other technologies to help personalize your experience, within the limits of our Cookie Policy.

3.6 WITH RESPECT TO YOUR RIGHT TO INFORMATIVESELF-DETERMINATION, WE WILL REQUEST YOUR AUTHORIZATION (PRIOR AND EXPRESS) BEFORE USING YOUR INFORMATION FOR ANYPURPOSES OTHER THAN THOSE DEFINED IN THIS TERM.

4. How can I do and when can my registration be cancelledand suspended?

4.1 The User has the right to request the cancellation/suspension of his registration at any time.

Stay tuned: Any and all cancellation requests must necessarily be made directly with our Data Protection Officer-DPO bye-mail dpo@nextar.com.br .

4.1.1 The request to cancel the registration, it is important to delete all information about the User, including browsing history and personal data (however, some of this Data may be kept for a period of five (5) years, to comply with our legal and regulatory obligations).

4.1.2 The User is aware (and agrees) that the cancellation of registration implies the restriction of his access to the full functionalities of nextar's website and electronic platform.

4.1.3 NEXTAR is not responsible for any damage to the User, arising from the cancellation of the registration.

4.2 NEXTAR reserves the right to suspend or cancel, at anytime, the User's registration, as well as its access to and use of the Website and our electronic platform, in case of suspected fraud, falsehood in the content of thei nformation, obtaining benefit or advantage unlawfully, misuse or misuse of the services or use for illicit purposes, as well as failure to comply with any conditions set forth in this Terms of Use or in applicable legislation for the case.

Be aware: In such cases, no compensation will be due to the User, and NEXTAR may still use legal measures aimed at the liability of the infringer, as well as taking any other necessary measures to pursue and safeguard their interests.

4.3 NEXTAR reserves the right, at its discretion, at anytime and without any prior communication to the User, to permanently or temporarily discontinue the Services made available through the website and electronic platform, in which case, no indemnification will be due to the User.

5. How can I do and when can the portability of my registration occur?

5.1 The User has the right to request the portability of his registration upon express request.

Please be aware: Any and all such requests must necessarily bemade directly with our Data Protection Officer-DPO by e-mail dpo@nextar.com.br.

6. Who owns the solutions provided by NEXTAR?

6.1 You are aware that NEXTAR owns all rights and/or interests in relation to the solutions of the electronic platform, including all intellectual property rights related to them, without any caveat or exception, so that none of these rights will be conferred on our Users.

6.1.1 All intellectual property rights relating to our NEX commercial management software, as well as all its functionalities, are the exclusive property of NEXTAR, including with respect to its texts, images, layouts, software, codes, databases, graphics, articles, photographsand other similar content produced directly or indirectly by the developer.

6.1.2 This protection includes the ownership and use of the NEXTAR brand, nextar's business or domain name, as well as software, database, network and file programs.

6.2 You, by you and/or through any third party operating on your behalf (Customers or Partners), you agree to respect the intellectual and/or copyright rights of the materials, equipment, software (including their source codes), hardware, trademarks, technologies, names, patents, logos, programs, works, processes, procedures, applications, stored data, systems, methodologies, formulas, procedures, know-how and/or any other tangible assets or intangibles of exclusive ownership of NEXTAR, and there are no transfers of such rights, except as strictly necessary for the provision of our services, and, within the express limits of the Agreement signed for the use of our electronic platform, being agreed here in that they are protected by intellectual property and/or copyright rights.

6.3 It is sealed to the Usera) include in our electronic platform data that may modifyits content or its appearance.

b) create software that "copy the trade dress" thatintegrates our electronic platform.

c) use, copy, reproduce, modify, translate, publish, transmit, distribute, perform, upload, display, license, sell or reverse engineer our electronic platform, for any purpose, without our prior and express consent.

d) access our Services in order to:d.1) develop a competing Software or service or

d.2) copy any materialized ideas, elements, features,functions and/or graphics of our electronic platform.

e) use metamarks or any other kind of "hidden code" that contains the expressions "NEXTAR", "NEX", or any other expressions identical or similar to the trademarks, logos, slogans, domain names and business names relating to websites and NEXTAR Products, without the prior written permission of the Developer's legal representative, except for the cases expressly authorized in this Term.

6.4 All feedback, opinions, suggestions for improvements(or other ideas) provided by Users will not confer any ownership on their eventual implementation in our services and products.

Stay tuned: feedbacks, opinions, suggestions for improvements(or other ideas) in relation to nextar's goods and services are provided by the User free of charge, irrevocable, irrevocable, total, perpetual, without any remuneration, royalties, recognition or indemnification.THIS MEANS that: Any and all development, arrangement,improvement or alteration of the electronic platform, andits functionalities, carried out by NEXTAR, even at the suggestion (or request of the User), will be considered the exclusive title of NEXTAR; so that it can freely employ and adapt them, improve, transform, distribute, market them, take them to registration, cede and license them, in anyway and in its sole discretion, without limitation.

6.5 Our electronic platform is protected by copyright andindustrial property laws, which means that any unauthorizeduse of tangible or intangible assets owned by NEXTAR willbe considered a violation of copyright and industrial property, and will be subject to appropriate legal action.

6.6 NEXTAR reserves the right, at its discretion and at anytime, to change/remove features that are not aligned withits interests, as well as to add new features (which bring benefits to the use of our electronic platform), without any prior communication and without due to the User any indemnification.

6.6.1 NEXTAR may, in its sole discretion, during the term of this Terms of Use, update its electronic platform, with the aim of preserving/improving the functional characteristics to better serve it. In this case, temporary suspensions may occur on our Services, without due compensation to the User.

6.7 We may discontinue our Software and Service Licensing without due compensation to you in cases where you have been proven to:

a) causes damage to NEXTAR's intellectual property by misuse of the Software, as well as in cases of illegal (partial or full) reproduction of our programs.

b) alter our Software without our express and priorconsent, whether this change the withdrawal or replacementof excerpts or routines, or an addition or set of interspersed additions of routines developed by you or contracted third parties for the purpose of tampering with and making the original program unrecognizable.

7th. How do NEXTAR's license and technical support work?

7.1 Detailed information on the features of each plan canbe found in the links listed below: NEX: (www.programanex.com.br)

7.2 The Developer reserves for you all rights relating to NEXTAR Products that have not been expressly described inthis Term, and over which the User will not have anyrights.

7.2.1 In accordance with the provisions of this Term, users will also not have rights to NEXTAR Products that have not been expressly licensed to them, being delimited among other things, sublicense, modify, adapt or customize these Products, without the prior and express written permission of the Developer.

7.3 The Developer has no representatives, which means that: the distribution and licensing of NEXTAR Products, as well as the signing and contracting of any plans, whether paid or free, are carried out exclusively through one of the following websites:

https://www.nextar.com.br/

https://www.nextar.com.br/ ,

https://www.programanex.com.br/planos ,

https://minhaloja.nextar.com.br ,

https://ajuda.programanex.com.br/ ,

https://www.apple.com/br/app-store/ and

https://play.google.com/store

7.3.1 The Developer is not responsible for any damage caused by any third party, who presents himself as nextar's commercial representative.

7.6 To ensure the quality of NEXTAR Products, new features may be included in new versions of the programs, old features may cease to exist and/or suffer limitations.

Stay tuned: The Developer does not undertake to keep active anytool, functionality or service that has been offered in thepast, regardless of whether it was offered costly or free of charge.

7.7 Regardless of whether the plan is free or paid (PRO,PREMIUM and NEX OR NEXTAR POS TAX), the Desktop product does not store your company's data in the cloud, only the Nex Mobile product.

Stay tuned: it is necessary to back up daily, thus ensuring that all your daily information is properly archived.

8. How do NEXTAR Product Support and Updates services occur?

8.1 For your satisfaction and thinking about the best operation and performance of NEXTAR Products, we will provide information and online support.

8.1.1 The User must request support through the NEXTARSUPPORT help channels, and the Developer undertakes tore turn the request within 24 (twenty-four hours),counted from the receipt of his request.

Stay tuned: SUPPORT WILL BE RUN BY THE DEVELOPER ONLY FROM MONDAY TO FRIDAY, WITHIN BUSINESS HOURS.

8.2 To receive NEXTAR SUPPORT service, the User must have as table Internet connection and must allow NEXTAR technicians to remotely access the computer object of the support.

8.2.2 The User must be aware that the support methodology may be freely changed by the Developer, without any prior notice.

9. When does my license end?

9.1 The Developer may terminate (terminate) any licenses regulated by this Term, whether onerous or free, regardless of justification, provided that it communicates to the User in writing.

9.1.1 In these cases, the resilience will be effective30 (thirty) days after the sending of the complaint communication to the e-mail registered by the User.

9.2 Paid plans may be cancelled at any time by Users, regardless of any justification, through the website: minhaloja.nextar.com.br.

9.2.1 In this case, after the last period paid by theUser is exhausted, access to restricted functionality will be immediately and automatically interrupted.

9.2.2 Except, with regard to the right of repentance (specified below), in no case of cancellation, the amounts paid by the User will be returned.

9.2.3 The User has 7 (seven) calendar days to cancel the contracted plan, from the date of purchase of the NEXTAR Products, and the cancellation must be communicated through the Website: minhaloja.nextar.com.br,opportunity in which the amounts eventually spent will be returned to the User.

Stay tuned: The period of effective return of the amounts will depend on the form of payment adopted and the existing deadlines before the financial intermediaries and credit card operators.

9.3 In the event of violation by the User, of the conditions set forth in this Term, the Developer may, without the need for any prior request or notice, interrupt the User's access to our electronic platform, and the NEXTAR Products, as well as may permanently delete and/or delete any and all user data contained in or inserted in the NEXTAR Products, without due compensation to the User.

9.3.1 In the case of interruption of access and/ordeletion of data caused by violation by the User, from the conditions set forth in this Term, the User totally relieves the Developer of any and all liability arising from any damages or damages experienced by you and/or third parties.

10. What are NEXTAR's responsibilities?

10.1 In view of the characteristics inherent to the internet environment, the User acknowledges that NEXTAR is not responsible for the failures on the website arising from circumstances unrelated to his will and control, whether or not, caused by a fortuitous case or force greater force, such as:

a) hacking interventions and malicious software;

b) technical failures of any kind, including failures inaccess or navigation resulting from internet failures ingeneral, power outages, electronic and/or physicalmalfunction of any network, interruptions or suspensions of connection and software and/or hardware failures of the User;

c) scheduled outages for maintenance, update and configuration adjustments of our electronic platform;

d) human failure of any other type, etc. Stay tuned: For the cases described above, NEXTAR is exempt from liability.

10.2 NEXTAR may, at any time, assign any of its rights and obligations, provided for in this Term, to any person, physical or legal, upon simple prior notification to the User, being informed that the transferee will continue to comply with all obligations assumed by NEXTAR, as the case may be.

10.3 THE DEVELOPER DOES NOT GUARANTEE THAT:

a) THE SITES AND NEXTAR PRODUCTS WILL MEET ALL YOUR NEEDS;

b) THE SITES AND NEXTAR PRODUCTS WILL OPERATEUNINTERRUPTED, PUNCTUAL, SAFE OR ERROR-FREE;

c) THE CONTENT AVAILABLE OR GENERATED ON THE SITES AND INTHE NEXTAR PRODUCTS WILL BE ACCURATE OR RELIABLE;

d) THE QUALITY OF THE SITES AND/OR NEXTAR PRODUCTS WILLMEET YOUR EXPECTATIONS;

e) ANY ERRORS IN THE CONTENTS, ON THE SITES OR IN THENEXTAR PRODUCTS ARE EFFECTIVELY CORRECTED IN THE SHORTTERM;

f) THE CONTENTS OF THE SITES AND NEXTAR PRODUCTS ARE FREEOF CONTAMINATION BY VIRUSES OR OTHER CONTAMINANTS, HARMFULOR DESTRUCTIVE.

10.4 The DEVELOPER strives TO ENSURE THE RELIABILITY OF THECONTENT, BUT DOES NOT GUARANTEE THE ACCURACY, CORRECTION ORRELIABILITY OF THE SAME.

10.5 THE DEVELOPER, ITS DIRECTORS, EMPLOYEES OR AGENTSSHALL NOT BE LIABLE IN THE EVENT OF ANY DIRECT, INDIRECT,INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES ETC. (EVEN IFTHE DEVELOPER HAS BEEN WARNED OF THE POSSIBILITY OF SUCHDAMAGES), RESULTING FROM:

a) USE OR IMPOSSIBILITY OF USE OF THE SITES AND NEXTARPRODUCTS;

b) UNAUTHORIZED ACCESS, CHANGE OF TRANSMISSIONS OR USERS'DATA;

c) STATEMENTS OR ACTS OF THIRD PARTIES PRACTICED THROUGHTHE WEBSITES OR NEXTAR PRODUCTS;

d) USER CONFIDENCE IN ANY INFORMATION OBTAINED ON THE SITESOR PRODUCTS NEXTAR OR RESULTING FROM MISTAKES, OMISSIONS,INTERRUPTIONS, DELETIONS OF FILES, DEFECTS, VIRUSES, DELAYSIN OPERATION OR TRANSMISSION OR PERFORMANCE FAILURES,WHETHER THESE RESULTING FROM FORCE GREATER FORCE, FAILUREOF COMMUNICATIONS, THEFT, DESTRUCTION OR UNAUTHORIZEDACCESS TO THE RECORDS, PROGRAMS OR SERVICES OF THEDEVELOPER;

e) IMPOSSIBILITY OF USE OR LOSS OF DATA RELATED TO SITES,NEXTAR PRODUCTS OR USERS; OR

f) ANY OTHER PROBLEM RELATED TO NEXTAR SITES AND PRODUCTS.

10.6 NEXTAR will provide support through the NEXTAR SUPPORT help channels,to clarify doubts regarding the use of the website, and technical support, all in accordance with the licenses obtained by the user.

10.7 NEXTAR has guaranteed the right to modify, suspend or temporarily discontinue the functionalities available on its electronic platform in order to perform: maintenance, update and configuration adjustments there of.

11. What are my responsibilities as a user of NEXTAR products?

11.1 The User is aware and agrees that, in the use of the Site, it is strictly prohibited:

a) Distribute, modify, sell, rent or in any way exploit economically our commercial management software, the data and information related to it, as well as use it for purpose other than its own use;

b) Provide NEXTAR, at the time of registration made on our electronic platform, false, in accurate, outdated ori ncomplete information, as well as intentionally assume the personality of another person, physical or legal, underpenalty of liability;

c) Disseminate or install viruses or any other code, fileor malicious software for the purpose of interrupting, destroying, improperly accessing, limiting or interfering with the operation or security of the service offered by NEXTAR, as well as its information, data and equipment, its users or third parties; or, furthermore, for any other unlawful purpose; and

d) To perform any contrary act provided for in the Brazilian Legislation in force.

11.2 Regardless of the registration, the User is solely responsible for the way he makes the use of Nextar products, and must comply with the rules of this Terms of Use, as well as the rules and guidelines established by NEXTAR.

11.3 The User's responsibilities are:

a) Use the Site / the application in an appropriate and diligent manner, in accordance with this Terms of Use, the other rules and guidelines established by NEXTAR, as well as morals, good customs and public order;

b) Keep safe the environment of your devices access ing theSite / application, using specific tools for both, such asantivirus, firewall, among others, in order to contribute to the prevention of electronic risks;

c) Use up-to-date and efficient browsers and operatingsystems for the full use of our electronic platform;

d) Equip and take responsibility for the hardware devices necessary for access to the Site, as well as for their access to the Internet; and

e) keep your passwords confidential, whether personal andnon-transferable, which is why the User will be solely responsible for any damages caused to himself (or to thirdparties) for the disclosure and misuse and unauthorized use of the passwords.

11.3.1 In the event of violation of the rules set out above, the User may, in addition to being suspended or banned from our electronic platform, be legally liable.

11.4 Any damage caused by the User to NEXTAR, due to the non-compliance with the obligations set out in this Term, will be repaired exclusively by the cause of the damage, and there is no mention of subsidiarity of the obligation, nor in solidarity of NEXTAR.Please note: all expenses originating in or relating toany content you post, store and/or transmit on or throughwebsites AND NEXTAR Products will be your responsibility.

11.5 NEXTAR SITES AND PRODUCTS ARE PROVIDED "AS THEY ARE"AND "AS AVAILABLE". FOLLOWING THE LIMITS PERMITTED BY LAW,THE USE YOU MAKE OF THE SITES AND PRODUCTS NEXTAR IS YOURRESPONSIBILITY, YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS ORDAMAGE ARISING FROM SUCH USE.

12. About the collection of Nextar and Nex Mobile


12.1 For payment on Nex Desktop: a service platform called CloudAMQP is used that receives and passes on to NEXTAR data from payment gateways.

12.1.1 Therefore, the gateways themselves are also used as means to effect the payment, such as: Stripe, Ebanx, Paypal, Itaú, Vindi and Blupay.

12.1.2 Similarly, NEXTAR uses Mercado Pago for the Payment Link service.

12.1.3 In addition, NEXTAR also uses Nexxera, which isin charge of intermediation of the bank return file between Vindi and Itaú.

12.2 There will be free access to Nex Mobile indefinitely, and it is possible to increase value from extra features that the user chooses. After this period, if the customer chooses to remain enjoying its features, a charge will be made. That is, from the moment Nex Mobile is used with paid resources, a specific amount is charged for it.

12.2.1 There is a scenario in which the use of NexMobile, with all its features, already included at no additional cost, namely: when the customer is already a subscriber of Nex Desktop.

12.3 Nex Mobile must be downloaded directly from app stores (play store and apple store)

12.4 It should be emphasized that the app store's billing policy should be accessed for further clarification.

13. How can you contact us?

13.1 If your contact is related to feedback/questions about the operation of our electronic platform, our Website: https://www.nextar.com.br/, Monday to Friday, from 08 to 18hours.

13.1.1 If your contact is related to any content inserted in our electronic platform, which you believe violates rights owned by you or under your control, you may communicate to the Developer through NEXTAR SUPPORT.

13.1.2 You are aware that the Developer cannot be held liable for any damages arising from content generated or published by third parties, except in the cases expressly provided for in Law No. 12,965/2014.

Stay tuned: NEXTAR has the right to remove or maintain such content in accordance with the rules and guidelines of Law No. 12,965/2014.

13.2 If your contact is on any matter related to this Term,you (or your legal guardian) may contact our Data Protection Officer (DPO) via e-mail dpo@nextar.com.br.We created this contact channel, precisely so that our service and response are carried out as soon as possible because you are very important to us!

13.3 We emphasize that, for your complete security, our communications will be made in accordance with our PrivacyNotice:

a) by email: our emails are sent only by domains with end @nextar.com.br and when we send an email to users, we askfor notification of when they are opened;

b) by Whats App: Each of your conversations has a unique security code (found on the contact's data screen, in QRcode format or a 60-digit sequence), used to confirm thatthe calls and messages you send in the conversation are protected with end-to-end encryption.

12.3.1 NEXTAR is not responsible for receiving untruthful emails and messages sent by third parties, without any direct or indirect relationship with NEXTAR, and that are the same as members of the Company, and that are improperly opened by users.

14. Who is responsible for EXTERNAL LINKS?

14.1 Nextar products may contain links to third-partyportals and applications that do not belong to, and are not controlled by NEXTAR.

14.1.1 Despite the prior and regular checks carried out by the developer, NEXTAR does not endorse/warrant/have any connection with the owners of these third-partyportals/applications with which the User interacts through the Site; which is why you cannot be held responsible for your content, accuracy, practices or opinions (expressed inany of these third-party portals and applications) and policies.

14.1.2 NEXTAR has the right to withdraw (at any time) a link to third-party portals and applications if it finds that in the checks it performs that they do not comply withour terms and policies. Stay tuned: We recommend that you read the Terms of Useand Privacy Policies of each third-party website andapplication you visit or use, given that the responsibility for the user's security, in this case, is the owners of these portals/applications

14.2 As of the foregoing in the above paragraphs, you agree not to hold Developer liable for losses, damages (or other problems of any kind) that may arise from the use of sites that contain links to the Nextar Sites and/or Products, orwhose links are available on the Sites and/or the Nextar Products, and you are aware that any negotiation with such Sites does not involve, links and/or obliges the Developer.

14.3 With respect to their dignity (and the dignity ofevery Brazilian/foreign citizen), it will not be authorized to include pages that disclose any kind of unlawful, violent, controversial, pornographic, xenophobic, discriminatory or offensive information.

15. Will changes to the terms of this Term be made?

15.1 NEXTAR is always making updates on the electronic platform - to fulfill our mission of facilitating trade for all as efficiently as possible and improving the offer of our products and the provision of our Services. For this reason, this Terms of Use dated October 1, 2021 (as well as any other developer policy), may be adjusted at any time to reflect the evolution of our services.

15.1.1 Whenever there are substantial modifications to this Term, the User will be informed in advance and must agree with them to continue accessing our services.

15.1.2 If the User does not agree to the substantial modifications of the Terms of Use (described in item14.1.1), he may reject them, but this means that the use of NEXTAR's services may be restricted.

15.2 Any waiver or amendment of this Term will only take effect if submitted in writing and signed by the Developer's legal representative.

15.2.1 In order to preserve your user rights, if some of the provisions of this Term are voided or considered unenforceable, the other clauses, whenever possible, will remain valid and in force.

16. What for one will we resolve in any dispute?

16.1 If there is any controversy, the user may complain:

Who to complain to

subject/responsible

email

directly to NEXTAR

Electronic platformonline support

suporte@nextar.com.br

directly to NEXTAR

Term of useResponsible for theprocessing ofpersonal data/DataProtectionOfficer-DPO

dpo@nextar.com

Administratively

Term of use NationalData ProtectionAuthority (ANPD), afederal governmentbody, agencies thatmake up the NationalConsumer ProtectionSystem, i.e.:Consumer ProtectionAgency - PROCON;Public Prosecutor'sOffice; PublicDefender's Office;Consumer ProtectionPolice Stations;Civil ConsumerProtectionOrganizations; andRegulatory Agencies;

https://www.gov.br/anpd/pt-br/canais_atendimento/cidadao-titular-de-dados/reclamacao-do-titular-contra-controlador-de-dados


16.2 NEXTAR follows the guidelines of the Data Protection Act in order to comply with laws that protect all of us asa company, customers and partners. Thus, NEXTAR has an interest in harmony and partnership with customers users of our electronic platform, so we make ourselves absolutely a vailable to, in case of need, observed possible conflicta nd disagreement, controversy in the interpretation, compliance or execution of this Term and other documents related to it, to dialogue on any aspects.

16.2.1 The resolution may occur by mediation orarbitration, as necessary, under the administration of: COMPOR – Chamber of Negotiation, Mediation and Arbitration of Southern Brazil, in the form of its Rules and under the rules of Law No. 9,307/96. The procedure shall be conducted by an arbitrator appointed in the form of the procedure provided for in that Regulation.

16.3 This Term is governed by the laws of the Federative Republic of Brazil, and any legal action relating to its interpretation or application shall be prosecuted and judged by the Brazilian Judiciary.

16.3.1 All disputes, this Term will be resolved by the jurisdiction of the District of Florianópolis / SC to the exclusion of any other, however privileged it may be orwill be.

Be aware: only complaints submitted by end customers that fit the legal concept of consumers, may submit such complaints to the forum of their domicile.

16.3.2 In case of conflict of state or municipal laws,for the interpretation of any doubt or dispute, the legislation of the State of Santa Catarina shall always prevail.

NEXTAR, throughout the Globe!

NEXTAR is a Brazilian company focused on changing the way that small and medium-sized stores manage their businesses. We’ve been into the POS Software Business for 17 years now, and we have already helped several companies to grow. Our products are currently being used in

more than 50,000 stores over 190 countries!

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