Explore Close Platform Terms of Use

A. Acceptance of the Terms

Welcome to Explore Close! These Terms of Use ("Terms") govern your access to and use of the Explore Close platform, including its mobile app and any associated websites, content, products, and services (collectively, the "Platform"), offered by Explore Close.

By accessing or using the Platform, you ("User," "you," "your") agree to comply with all the conditions of these Terms and declare that you are legally able to accept and be bound by them and by our Privacy Policy, which is incorporated herein by reference.

If you do not agree with these Terms or with the Privacy Policy, you must not access or use the Platform.

Acceptance of these Terms takes place when you sign up or when you first use the Platform, and it is an essential condition for using our services. Signing up for or using the Platform is your unequivocal, explicit, and affirmative declaration of acceptance, confirming that you have read and agreed to the Terms and to the Privacy Policy referred to herein.

B. Description of Services

Explore Close is a digital platform that offers recommendation services for tourism and leisure activities. Our recommendations are personalized based on the following data provided by or collected from the User: your geographic location, the available time you provide, and your interactions and preferences related to points of interest (POIs).

C. User Accounts

To access most of the Platform's features, you will need to create a user account. By creating your account, you agree to:

Provide true, accurate, current, and complete information, as requested in the registration form.

Promptly maintain and update your registration data to keep it true, accurate, current, and complete.

Keep your password confidential and be fully responsible for all activities that occur under your account. You agree to notify Explore Close immediately of any unauthorized use of your password or account, or of any other security breach. The Platform is not intended for minors under 18 (eighteen) years of age, unless accompanied and supervised by a parent or legal guardian who agrees to these Terms. The processing of minors' data will follow the provisions of our Privacy Policy (Section M).

D. Permitted Use of the Platform

You agree to use the Explore Close Platform only for lawful purposes and in accordance with these Terms. You must not use the Platform:

In any way that violates any applicable national or international law or regulation.

To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material (spam).

To impersonate or attempt to impersonate Explore Close, an Explore Close employee, another user, or any other person or entity.

To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm Explore Close or users of the Platform or expose them to liability. In addition, you agree not to:

Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Platform.

Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any information or material on the Platform.

Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

Attempt to gain unauthorized access to, interfere with, exploit for unlawful or content-generating purposes, damage, or disrupt any part of the Platform, the server on which the Platform is stored, or any server, services, microservices, logs, computer, database, or other resources connected to the Platform.

Reverse engineer, decompile, copy, reproduce, disassemble, or attempt to discover the source code or algorithms of the Platform, for any purpose and whether in part or in whole.

E. Use of Data for Personalization

This clause is essential to the operation and improvement of Explore Close and requires your attention and agreement.

Explore Close uses your location data, available time, and point-of-interest information (as detailed in our Privacy Policy) to provide personalized recommendations and to continuously improve the relevance of our services.

By accepting these Terms of Use and our Privacy Policy when you sign up or first access the Platform, you agree that, by default, your data and stated preferences (including location data, available time, and interactions with POIs) will be used for the enhanced personalization of our recommendation algorithms. This default setting aims to offer you the best and most relevant experience possible on the Platform.

You have full control over this enhanced personalization feature. At any time, you may opt out of the use of your data for enhanced personalization through the privacy settings in your account on the Platform. Disabling this feature will not affect your access to Explore Close's core recommendation services; however, suggestions may become less personalized and, consequently, less aligned with your specific interests, reducing the effectiveness of recommendations when you request them.

Explore Close is committed to making this control option clear, accessible, and easy to use. A record of your choice (whether you keep the default or opt out of enhanced personalization) will be kept in accordance with the requirements of the LGPD.

For more details on how your data is collected, used, and protected for this and other purposes, please see our Privacy Policy.

By using the free version, you acknowledge and agree that Explore Close will provide limited features and usage time and that, to keep your access, you will be required to watch ads from sponsoring advertisers, which may be companies, organizations, and other people who pay us to advertise their products and services to fund the Platform. We do not sell your personal data to sponsoring advertisers, nor do we share with them information that directly identifies you (such as your name, phone number, email address, or other personal contact information) unless we have your specific permission. Nor will we use any information you make available on the Platform to generate recommendations targeted at sponsoring advertisers, except when it concerns an interest you have declared.

The way this clause is presented and accepted is crucial. Acceptance of the Terms of Use, which explicitly detail this default use for personalization and the opt-out mechanism, is the basis for this data processing. The user onboarding process on the platform must include a clear and unequivocal step for accepting these Terms and the Privacy Policy. Easy access to the opt-out mechanism reinforces the User's control and autonomy, a pillar of the LGPD that we value.

The LGPD guarantees the User, as the data subject, the right to request access to their personal data being processed by the Platform. In addition, the data subject may request confirmation of whether their data is being processed, as well as the correction of incomplete or inaccurate data and the blocking or deletion of data. The User may also request information about the sharing of their data and the withdrawal of consent, where applicable. For security reasons, the User agrees that, if such a request is made through any service channel other than the Platform's native features, they will need to prove their identity by providing proof of ownership of the data, formalized by sending a notarized, signed document together with a copy of an official ID document, or through a request or summons issued by a Brazilian judicial authority.

If the User deletes their own account through the Platform, or requests deletion through another service channel using the proof indicated above, they acknowledge that this action will result in permanent, irrevocable, and irreversible removal, whereby their personal data and sensitive personal data will be irreversibly deleted. All other data, since it does not identify the User or make them identifiable, will be irreversibly anonymized for statistical purposes.

F. Intellectual Property

The Platform and all its original content, features, and functionality (including, but not limited to, all software, text, displays, images, logo, slogan, video, audio, design, and the selection and arrangement thereof) are owned by Explore Close, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws, both in Brazil and internationally.

These Terms permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on our Platform, except as permitted by these Terms.

If the Platform allows you to submit or post content (for example, POI reviews or photos), you grant Explore Close a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with the Platform and Explore Close's business. You represent and warrant that you own or control all rights to the content you post and have the right to grant the license granted above.

G. Disclaimer of Warranties

The Explore Close Platform is provided "AS IS" and "AS AVAILABLE," without warranties of any kind, either express or implied. The User hereby waives all warranties, including, but not limited to, the availability and accuracy of the information provided by the Platform, and acknowledges that, due to the use of artificial intelligence and constant changes in the environment, weather, venues, and events, they may receive suggestions containing some type of error. Once notified by the User of any non-conformity, Explore Close will make its best efforts to expand controls that constantly improve the accuracy of the information presented.

Explore Close is committed to Brazilian law and to good information security practices and measures of integrity, availability, confidentiality, and non-repudiation. However, like any technology infrastructure, the Platform is not free from errors and vulnerabilities. Accordingly, Explore Close will always act diligently to monitor, mitigate, and address failures and defects within a reasonable time and, in critical scenarios where Explore Close is aware of a risk to User data or to the Platform's infrastructure, Explore Close reserves the right to temporarily disable any of its products or services until the issue is mitigated or definitively fixed, even if this affects the SLAs contracted by Users.

H. Limitation of Liability

To the fullest extent permitted by applicable law, in no event will Explore Close, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use of, or inability to use, the Platform, any websites or apps linked to it, or any content on the Platform or on such other websites or apps, including any direct, indirect, special, incidental, consequential, or punitive damages and loss of profits, including, but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data, whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

This limitation of liability does not affect any liability that cannot be excluded or limited under applicable law.

I. Changes to the Terms or Services

Explore Close reserves the right to revise and update these Terms of Use periodically, at its sole discretion. All changes take effect immediately when we post them and apply to all subsequent access to and use of the Platform.

Your continued use of the Platform after the revised Terms of Use are posted means that you accept and agree to the changes. Explore Close may, at its sole discretion, inform Users of changes to these Terms; however, it is the User's responsibility to check this page periodically to stay aware of any changes, as they are binding on you.

We also reserve the right to withdraw or change this Platform, and any service or material we provide on it, at our sole discretion and without prior notice.

J. Termination

We may terminate or suspend your access to all or part of the Platform, without prior notice, for any reason, including, without limitation, any breach of these Terms.

You may terminate your account at any time by discontinuing your use of the Platform and, if applicable, using the available account deletion feature. However, if you are a paying User or a Sponsoring Advertiser, amounts previously paid will not be refunded, and you will remain responsible for paying for any periods used but not yet paid.

Upon termination, your right to use the Platform will cease immediately. Provisions of these Terms that by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

K. Governing Law and Jurisdiction

These Terms of Use and any dispute or claim arising out of or related to them, their subject matter, or their formation (in each case, including non-contractual disputes or claims) will be governed by and construed in accordance with the laws of the Federative Republic of Brazil, without giving effect to any choice or conflict of law provision or rule.

Any legal action, suit, or proceeding arising out of or related to these Terms of Use or the Platform will be brought exclusively in the courts of the judicial district of São Paulo, State of São Paulo, Brazil, although we reserve the right to bring any action, suit, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

L. General Provisions

Entire Agreement: These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Explore Close regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.

Waiver: No waiver by Explore Close of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Explore Close to assert a right or provision under these Terms shall not constitute a waiver of such right or provision, but rather a mere courtesy from Explore Close to the User, and Explore Close may exercise such right at any time, as it sees fit.

Severability: If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent necessary so that the remaining provisions of the Terms will continue in full force and effect.

M. Contact

All other feedback, comments, technical support requests, and other communications relating to the Platform or these Terms of Use should be directed to: contato@exploreclose.com.

For specific questions about privacy and data protection, please see the contact details of our Data Protection Officer (DPO) in our Privacy Policy.