Terms of Use and Conditions of Navigation – UNDERFIT

By this instrument, the individual or legal entity qualified in the Registration System, which is an integral part of this Agreement, and UNDERFIT LTDA, a private legal entity registered under CNPJ No. XX.XXX.XXX/XXXX-XX, hereby agree to this Agreement upon approval of their registration in the System, under the terms and conditions below:

By electronically filling out or signing the Registration Form, the USER will be automatically agreeing to and accepting the terms and conditions of this Agreement.

UNDERFIT may modify the conditions of this Agreement at any time. If the USER does not agree with such modifications, they may terminate the Agreement without penalty.

For the purposes of these Terms of Use, the following definitions apply:

(Translations of legal/technical definitions remain unchanged for clarity, like “Spider Application”, “Account Access”, etc.)

1 – Access and Functionality Restrictions

  1. This Portal is dedicated to the sale of general products. To make a purchase, the visitor must enter their personal, banking, and shipping information in the Cartpanda Pay platform, which processes all orders on behalf of UNDERFIT.

  2. Visitors and users are strictly prohibited from accessing programming areas of the Portal, its databases, or any part of the webmastering infrastructure, under penalty of law.

  3. Reverse engineering, decompilation, translation, reproduction, or modification of this Portal’s structure or content is prohibited.

  4. Use of spiders, bots, data mining, or similar automated tools is forbidden and subject to civil and criminal penalties.

  5. Visitors and users are responsible for ensuring their own access to the internet and navigation capabilities.

2 – General Site Information

  • The Portal is provided to the public "as-is" and may be updated or changed at any time at UNDERFIT’s discretion.

  • Access to the site and all activities conducted within it are governed by these Terms of Use, binding all Visitors and Users.

  • Users accept full responsibility for any action taken on the site.

  • UNDERFIT endeavors to ensure the availability of the site, but is not liable for outages caused by force majeure or third parties.

  • UNDERFIT is not responsible for damages caused to devices or data of Visitors or Users due to internet failures or malicious software.

  • UNDERFIT is not responsible for the content of external links or for actions taken by users on third-party sites.

  • UNDERFIT may, at its sole discretion, suspend or delete accounts suspected of fraud or false data.

3 – User Registration

  1. Registration is made during checkout when purchasing a product or service.

  2. Users must provide accurate personal and contact information.

  3. False information will result in legal consequences and account suspension.

  4. Registration is free and available to individuals over 18 years old or legally capable.

  5. By registering, Users agree to these Terms and the Privacy Policy.

  6. Users may leave testimonials or reviews; these may be used by UNDERFIT in marketing materials.

  7. Users may opt-in to receive newsletters from UNDERFIT and may unsubscribe at any time.

  8. Cancellations must be requested through the Portal directly.

4 – Communications with Users

  • UNDERFIT will communicate primarily via email, on-site messages, and WhatsApp listed on the site.

  • Users must ensure their contact info is correct and spam filters are properly configured.

  • UNDERFIT is not responsible for missed communications due to spam blocking.

5 – Privacy of Visitors and Users

  • UNDERFIT respects the privacy of all Users and handles personal data according to applicable laws.

  • The Privacy Policy governs how information is collected and handled.

  • In case of conflicts between documents, the more specific rule will prevail.

6 – Responsibilities of UNDERFIT

  1. UNDERFIT will maintain a safe environment to the best of its ability.

  2. UNDERFIT ensures usability, accessibility, and up-to-date functionality.

  3. Information provided will be complete and clearly displayed.

7 – User Responsibilities

  • Users must behave ethically while navigating the Portal.

  • Users must provide and maintain accurate information.

  • False or misleading data will result in civil or criminal liability and may lead to account termination.

8 – Intellectual Property

  • All content on this Portal, including branding, design, and databases, is the property of UNDERFIT and protected by intellectual property law.

  • Reproduction, modification, or unauthorized use of content is prohibited.

  • Temporary storage (caching) is permitted for personal use only.

  • Any unauthorized use will be considered copyright infringement under Law No. 9610/98 (Brazil).

  • Testimonials submitted by users grant UNDERFIT a non-exclusive, worldwide, royalty-free license for usage.

9 – Online Store

  1. UNDERFIT offers an e-commerce platform for various products and content interaction.

  2. A Return & Refund Policy is publicly available and must be followed by users making purchases.

  3. Abuse or inappropriate content (e.g., hate speech, explicit content, illegal activity, spam) is strictly prohibited.

  4. UNDERFIT reserves the right to delete or modify such content at any time without prior notice.

10 – Support and Contact

11 – Modifications to the Terms

  1. These Terms may be updated at any time by UNDERFIT.

  2. Continued navigation of the Portal implies acceptance of any changes.

  3. Users should review these Terms regularly and keep a copy for reference.

12 – General Provisions

  • Tolerance of any breach of these Terms does not constitute waiver.

  • The official time zone for this site is Brasília Time (GMT-3).

13 – Governing Law and Jurisdiction

  • These Terms are governed by Brazilian law.

  • Any disputes will be resolved in the Courts of São Paulo/SP, with express waiver of any other jurisdiction.

Last updated: January 1, 2025
UNDERFIT LTDA