Terms of Use

1.1 The use of PANDA's services is conditional upon the completion of registration through a specific form, in which the user must provide their personal identification data and valid payment information, such as date of birth, CPF (Individual Taxpayer Registry), email address, credit card details for payment, billing address, etc. Failure to provide this information will result in the registration being incomplete.

1.2 The services provided by PANDA are intended for individuals aged 18 (eighteen) years or older, or minors authorized or assisted by their legal representatives.

1.3 The user expressly consents, freely, spontaneously, and voluntarily, to the collection and processing of their personal data by PANDA, as outlined in the Privacy Policy, which is part of this document, in compliance with Law No. 13,709/2018 (General Data Protection Law - LGPD).

1.4 The user agrees to provide truthful and accurate information, as well as to keep their information up to date, notifying any changes that may occur, including possible alterations to the corporate structure or revocation of powers if the user is a legal entity. Failure to do so may result in the suspension and/or cancellation of their registration, with the user being held civilly and criminally liable for the accuracy of the information provided.

1.5 The affiliated user must provide a PIX key registered in their name to receive commission payments. The registration and/or transfer of amounts to bank accounts belonging to third parties through the platform is not allowed.

1.6 Upon receiving the registration request, PANDA will analyze the submitted information. In case of suspected fraud, PANDA may, at its sole discretion and at any time, request documentation to confirm the user's identity or other verification methods, reserving the right to deny the registration.

1.7 Once the registration is approved, the user will be solely responsible for safeguarding their login and password. Such confidential information must not be shared with third parties, under penalty of suspension and/or cancellation of the registration.

1.8 The user agrees to maintain their information and registration data updated, notifying PANDA of any changes. Failure to do so may result in liability for any damages caused due to omission.

1.9 PANDA may suspend or cancel the user's registration if they engage in conduct incompatible with these terms or use the platform for malicious or criminal purposes, including but not limited to the following scenarios:

a. creation of a fake profile;
b. committing fraud or scams;
c. sharing the account with third parties;
d. offensive behavior towards the rights of third parties.

1.10 To request the reactivation of their account, the user must contact PANDA through its official support channel, specifically the email address: privacidade@pandavideo.com.br, at which time they may be required to provide additional information to verify proper use of the account.

1.11 PANDA does not request documents, information, or payments unless through its official communication channels, which include the official website and application, email addresses under the "pandavideo" domain, or verified accounts.

2.1 The user is fully responsible for the content they host and is responsible for identifying, understanding, and complying with all applicable laws, rules, and regulations, including but not limited to civil, intellectual property, personal data protection, privacy laws, and the ways of using our technology, as well as regulatory measures, obtaining licenses, permissions, or authorizations from public bodies, professional registrations, and compliance with regulations issued by them. In addition, the user acknowledges and declares that:

a. Fully agrees to and undertakes to comply with the rules of these terms of use and to use PANDA's services in an ethical and honest manner, as well as to observe all other documents and policies of the Platform, subject to penalties for noncompliance;
b. Is the legitimate owner of all rights to the content, info-products, products, and/or services made available through Panda Video, or, even if not the owner, is authorized by the owner;
c. Is fully aware that, under no circumstances, will be indemnified for any kind of problem or damage arising from the use of the Platform;
d. Commits to honoring payment for the subscribed plan and to keeping their registration data up to date;
e. Must not attempt hacking, copying, or invading the Platform or any violation of copyrights, including the prohibition of publishing third-party content without express authorization;
f. Shall not host on the platform any illicit, fraudulent content or content authored by third parties without proper authorization, being aware that hosting content that violates these Terms will result in the immediate suspension of the account, and the user will be held civilly and criminally liable for their actions;
g. Is of legal age or, if a minor, is emancipated and has full legal capacity for all acts of civil life. It is the responsibility of parents or legal guardians to monitor and supervise the use of the account by a minor. If your minor child is using your account without permission, please contact us immediately so that we can disable access.
h. If a minor, has proper authorization from their parents to register and use the platform’s services, with parents or legal guardians being responsible for monitoring and/or supervising the minor’s activities on the platform.

2.2 The user is responsible for ensuring that any material uploaded to their site does not violate or infringe on the rights of third parties and does not contain defamatory or illegal content. It is prohibited for users to host content on the platform that:

a. Violates any third-party copyrights or other rights (e.g., video plagiarism, trademark infringements, copyrights, privacy rights, etc.);
b. Is defamatory, slanderous, or offensive to the honor of third parties;
c. Promotes or propagates illegal or abusive acts of any kind;
d. Contains discriminatory or hateful speech, and/or promotes violence and/or discrimination based on race, gender, religion, nationality, sexual orientation, or any other type;
e. Promotes or supports terrorism or hate groups;
f. Contains instructions on how to manufacture or produce explosive/incendiary devices or firearms, whether improvised or otherwise;
g. Exploits or threatens minors, is related to pedophilia, prostitution, and/or child pornography, contains scenes of nudity or sexual acts involving minors;
h. Depicts or encourages self-harm or suicide;
i. Depicts illegal acts involving extreme violence, acts of violence or brutality that are graphic or realistic, sexualized violence, including rape, torture, abuse, or humiliation, or extreme cruelty to animals or humans;
j. Promotes fraudulent or dubious profit schemes, proposes illegal transactions, or employs deceptive marketing practices;
k. Contains false or misleading allegations (fake news) about any subject intended to deceive or manipulate information and potentially harm individuals or groups;
l. Violates applicable laws.

2.3 Panda Video may, but is not obligated to, analyze, monitor, and remove User Content at any time, with the user aware that hosted material is subject to reports through a specific reporting channel.

2.4 Panda Video reserves the right to suspend or cancel, at any time, user access to the platform in case of violations of the platform’s terms of use, suspected fraud, and/or violations of third-party rights, or in compliance with a judicial decision. In such cases, no compensation will be owed to users, and Panda Video may pursue appropriate legal actions, if necessary, as well as take any other measures required to protect and safeguard its interests.

2.5 If someone believes that any content violates rights, they may file a complaint by completing the Form provided, along with the reason for the report.

• Report Copyright Infringement;

• Report Violation of Intimacy, Pornographic Content and the like;

• Other types of reports.

2.6 Once the Form is received, if immediate removal of the content is not required and further investigation is necessary, PANDA VIDEO, in compliance with applicable Brazilian legislation and in accordance with the Terms of Use, will forward the report to the User and grant a period of up to 10 days for a response and clarification.

2.7 Failure to respond within the aforementioned period will imply the User's agreement to the removal of the content.

2.8 If a response is provided, the submitted documentation will be reviewed by the conflict mediation team, which will deliberate on the permanent removal of the content, notifying the parties of its decision.

2.9 Any and all claims, whether judicial or extrajudicial, filed against Panda Video on the grounds of alleged violations of third-party rights or infringement of any legal or contractual provision directly or indirectly related to content provided by the User on the Panda Video platform, shall be the User's responsibility. The User hereby agrees to reimburse PANDA VIDEO for expenses related to the claim, including costs and attorney's fees, as well as any other amounts arising from a potential judgment against Panda Video, indemnifying to the fullest extent of the damages incurred.

2.10 The user is solely responsible for their login credentials and all activities that occur in their account, including unauthorized activities.

2.11 The user acknowledges that they will indemnify and hold Panda Video and its employees harmless from all complaints, claims, demands, damages, losses, costs, liabilities, and expenses from third parties, including attorney's fees, arising from or related to content shared through the Platform and allegations of actions or omissions that (regardless of being proven) would constitute a violation of the user’s obligations under these Terms of Use.

2.12 The user must comply with proper tax treatment for any sales of their products, as Panda Video is not responsible for collecting or managing any taxes owed by the user.

3.1 We may offer free trials or discounted subscriptions. Currently, our trial period lasts for 14 days, and the user can start the paid plan at any time. It is important to note that bandwidth is limited during the trial period, and the user is aware that the video should not be used in production during this period.

3.2 When the user subscribes through the paid plan, the subscription fee is charged immediately, and the next charge will be made always after 30 days from the plan activation and subsequently.

3.3 The user can upgrade and downgrade plans at any time; however, in the case of an upgrade, the proportional amount of the unused smaller plan will be deducted and added to the larger plan to be used until the next invoice.

3.4 Additional bandwidth/storage purchases will be added to the next invoice.

3.5 The user is responsible for managing the contracted and used bandwidth quantity. If the user exceeds the contracted bandwidth limit, post-paid bandwidth will be charged at ($ 0.06/GB), and the user can suspend and use pre-paid bandwidth at any time. It is important to note that, if the bandwidth limit is exceeded, the videos will continue to play, and post-paid bandwidth will be automatically charged.

3.6 In case of post-paid bandwidth consumption above the allowed limit of the account, the charge for that bandwidth will be made immediately (each account has a limit based on consumption). We inform that the charges in the subscription are related to the subscription itself and/or additional features and not to the actual usage.

3.7 Downloads via the platform, shared links, or the API are also counted toward the contracted bandwidth usage. Bandwidth usage is calculated based on the total file size downloaded. Exceeding the limit due to downloads will incur post-paid charges of $0.06/GB. Users must monitor total bandwidth consumption, including API-related downloads, to avoid additional charges.

3.8 If an invoice is overdue, the user will not be able to download existing videos from their account, as this action consumes the monthly allocated bandwidth, which will remain unavailable until payment is regularized.

3.9 If the user no longer wants to use the Platform's services, they must cancel the subscription. It is important to note that billing invoices will continue to be generated, regardless of usage, until the cancellation.

3.10 As soon as the user cancels their subscription, they will immediately lose access to their account, and hosted videos may be deleted at any time without prior notice. We strongly recommend that users back up all videos before requesting cancellation.

3.11 The subscription and additional fees are subject to annual adjustments based on official inflation indices or criteria set by Panda Video. Users will be notified at least 30 days in advance, and continued use of the services will imply acceptance of the new rates.

3.12 If you violate these Terms of Use, Panda Video may, at its discretion:
• Terminate this Agreement immediately, with or without prior written notice;
• Suspend, delete, or limit access to your account (and other accounts you control) or any content in it;

3.13 Acceptance of these Terms grants the user the non-exclusive use of the Platform, with features as they are but may be modified, replaced, or removed at any time without notice and without generating any right to compensation.

4.1 At Panda Video, we work to provide the best experience for the user entrepreneur, making every effort to ensure the delivery of innovative services with continuity and security. Occasionally, the Platform may experience some instabilities caused by technical issues. However, the majority of reported problems are related to issues caused by the user. Therefore, we inform you that:

a. Videos that experience minor instabilities (such as videos "freezing") are usually related to the connection between our servers and the user's device, with Panda Video bearing no responsibility for this event;
b. Some users may experience integration problems (when embedding videos incorrectly, impairing their proper functioning), with Panda Video bearing no responsibility for this event;
c. For infoproduct creators, it is important to note that integration problems with other platforms may occasionally occur. These issues are typically related to the possibility of integrating with competitor platforms, with Panda Video bearing no responsibility for this event.
d. Considering the provision of online services, PANDA is exempt from any responsibility for damage or harm caused due to Internet connection failures, network instability, or providers used by the user.
e. The user understands that it is inherent to online activities to occasionally experience interruptions in access for updates, performance improvements, and Platform security. In such cases, when updates and/or system upgrades are necessary, any access unavailability lasting up to a maximum of 72 hours will not be considered a defect or service failure. Once the necessary updates are completed, access will be restored immediately or as quickly as possible, without prejudice to users.

4.2 PANDA will not be held responsible for third-party actions, such as virus propagation, connection failures caused by the Internet provider, or hacking by third parties.

5.1 If you violate these Terms of Use, Panda Video may, at its discretion:

a. Terminate this Agreement immediately, with or without prior written notice;
b. Suspend, delete, or limit access to your account (and any other accounts you control) or any content within it.

5.2 Acceptance of these Terms grants the user a non-exclusive right to use the Platform, with features provided as they are, but which may be modified, replaced, or removed at any time without prior notice and without generating any right to compensation.

6.1 The court of São Paulo is elected as the sole competent forum to resolve any disputes regarding the interpretation and fulfillment of this Agreement, regardless of another, no matter how privileged.

Everyone who registers on the site and complies with the requirements for use and affiliation.

However, it is essential to remember that the minimum age for Users and Affiliates to register on the Platform is 13 (thirteen) years. Adolescents between 13 and 18 years old need specific and highlighted consent given by at least one parent or legal guardian, in accordance with Law No. 13,709/18 – General Data Protection Law. PANDA VIDEO must cancel the registration of a User under 18 (eighteen) years old at the request of the parents or legal guardian, and this does not give rise to any right to compensation or refund for products purchased by the minor during the validity of their registration.

Legal, I want to be a user or affiliate of Panda Video. What will be my obligations?

1: Understand your role
‍By using the Platform as a User or Affiliate, you are a contractor/intermediary of PANDA VIDEO services and do not become our employee, collaborator, representative, agent, partner, associate, or partner.

2: Accept our Terms and Policies
By using the platform, you declare that you are aware of and agree to its content and other applicable PANDA VIDEO Policies, including the Privacy Policy. PANDA VIDEO Policies are an integral part of these Terms and are incorporated by reference, even if presented in separate texts. In case of conflict, the rules of these Terms should prevail over the conditions established in other PANDA VIDEO Policies, except for specific provisions establishing that a particular Policy prevails. These Terms and their updates also prevail over all previous proposals, understandings, or agreements, verbal or written, that may exist between you and PANDA VIDEO.

3: Respect
Respecting the conditions of these Terms is essential for the legitimate use of the resources available on the Platform. If you use the Platform in a manner inconsistent with the Terms, PANDA VIDEO may apply different measures at any time, with or without prior notice. These measures may include, without prejudice to others