Terms of Use

General Terms of Use of the App

These terms and conditions (hereinafter referred to simply as "Terms") apply to your use of Our App "Ecomiles".

Our App, "Ecomiles", is maintained by Ecomiles TECNOLOGIA LTDA ("Ecomiles"), CNPJ no. 46.740.714/0001-37, email: contato@Ecomiles.me, headquartered at: Alameda Vicente Pinzon, no. 54, Vila Olímpia, ZIP: 04547-130, São Paulo/SP.

By registering on the "Ecomiles" App or otherwise using it, you agree to these Terms. If you do not agree to these Terms, you should not use the "Ecomiles" App nor access any Content.

TERMS AND NOMENCLATURE

"We", "Our": Reference to the Ecomiles App or ECOMILES Company.

"Ecomiles App", "App" or simply "Ecomiles": Ecomiles’s App.

ECOMILES: Refers to ECOMILES TECNOLOGIA LTDA Company.

Ecomiles: currency used to exchange for discounts or cash in the App.

Journey(s): routes traveled by users and mapped by the App.

Redemption(s): cash payment or discount redemption made by the user.

Payment Wallet or Wallet: place where all redemptions made by the user are concentrated.

Green Card: Ecomiles paid subscription.

Modal: means of transportation.

USAGE CONDITIONS

Only individuals over 18 years of age (or the equivalent minimum age in their country of origin) may register on Our App.

Additionally, you must have the legal capacity to enter into a binding contract with us and not be prevented from doing so by any applicable legislation.

The "Ecomiles" App must also be available for use in your location or address.

If any of the age or eligibility rules listed above are not met, "Ecomiles" will not be able to register you as a user, and any registration made outside the rules established above will be null and void.

SERVICES PROVIDED BY US

General Service Provisions

We offer two categories of services to users: Ecomiles for Discounts (Freemium or free) and Ecomiles for Cash (Green Card paid subscription).

Regardless of the service modality chosen by the user, the premise is the same: you, as a user, complete journeys through the modals accepted by the App and receive Ecomiles - a type of currency - for the kilometers traveled. These Ecomiles, depending on the service chosen, can be exchanged for discounts at partner stores or for cash.

By using the App, regardless of the service modality chosen, you are subject to all conditions of approval and rejection of journeys, Ecomiles values per kilometer traveled, modal options available in the App, and all other business rules provided in these Terms of Use and other related documentation made available by Ecomiles.

Below is an algorithm table that guides users regarding the approval or rejection of their journeys, containing all modals accepted by the App, except for modal restrictions available only to corporate users:

Journey rejection will occur whenever one of the three criteria is exceeded by more than 100%, with the second criterion also being exceeded by more than 50% of the values defined by the algorithms.

There may also be technical issues involved that hinder the submission or make it impossible to approve the journey. In any case, if it is not possible to validate a journey made by the user due to the non-existence of the route or total or partial mischaracterization of the route, the journey cannot be approved, in which case Ecomiles will be exempt from any responsibility, once the non-existence or mischaracterization of the route is proven.

Ecomiles for Discounts

We offer two categories of services to users. The first is provided free of charge and is known as "Ecomiles for Discounts". Through this service modality, once Ecomiles are accumulated by submitting journeys, the user can exchange them for discounts on products from our partner stores.

We are not responsible for sending the discount or its completion with the partner store, and the rules for using the discount are determined by the third-party store itself and must be followed by the user to avoid losing the benefit.

We are also not responsible for the quality or quantity of products and services offered by partner stores, it being entirely their responsibility to fulfill what is offered to the user. Likewise, it is the user's responsibility to enjoy the granted benefit within the time limits informed by the partner store.

Green Card Subscription or Ecomiles for Cash

The second service modality offered is paid and known as "Green Card". In this modality, the user pays an annual amount to Us and has access to exchanging "Ecomiles for Cash". Thus, once Ecomiles are accumulated by submitting journeys, the user can exchange them for cash (transfers via PIX), according to the conditions specified below:

Only one redemption per day is allowed.

Transfers via Pix are made on the 10th of each monthly period, with a limit of 5 business days for bank clearance. The user's PIX key must be correctly registered in Our App and in a Banking Institution.

Values Available for Redemption

The values made available for redemption depend on "Ecomiles" partnerships with partner companies that have carbon emission neutralization or reduction policies. "Ecomiles" reserves the Right to make these exchange options available according to its negotiations and will not be held responsible for any unavailability of redemption options under any circumstances.

Wallet Closing

The wallet closes at midnight on the 10th (tenth) of each monthly period, which means that any redemptions made after this time and on this date will only be transferred in the next monthly period.

Tests

Occasionally, We may offer a Green Card subscription trial without payment or at a reduced rate. On this occasion, you will agree to all conditions offered at the time the trial is granted, including the maximum time limit of the trial, which under no circumstances may exceed a period of one year of Green Card.

Ecomiles Value

The value of each ecomilha, which is the exchange currency available in Our App, is variable and depends on carbon credit trading rates in the market. Currently, in the shop, we have one ecomilha worth, on average, 10 cents.

For each modal, we have a different number of km to earn 1 (one) ecomilha. When it varies, users are notified.

The values above are rounded and there may be small variations from month to month. Ecomiles is not responsible for variations in the value of Ecomiles and has complete freedom in choosing the price in reais of the Ecomiles currency, as long as users are informed of each change.

Green Card - Corporate Subscription

Users may have their "Green Card" service paid for by their company or a partner company. In this case, We are not responsible for users who are part of such companies and do not receive the benefit. Any such situation must be handled directly between the User and their contracting or partner Company.

The Company that holds a Green Card contract with Ecomiles is responsible for releasing the list of users who should benefit from the Green Card Subscription.

Any termination or breach of contract with the Company is subject to loss of the Green Card benefit by the users linked to it.

USE OF THE App BY THE USER

User Registration

For registration to be completed, the User must fully provide the required data. All information provided by the User must be accurate, truthful, and up-to-date so that we can, above all, maintain contact with you whenever necessary. In any case, the User may be held civilly and criminally liable for the veracity, accuracy, and authenticity of the information provided.

The user will provide their First Name, Last Name, Email, CPF, and Password to register in the App.

The user may register in the App through Social Login with the following platforms: Strava, Google, Apple, and Facebook. Ecomiles does not guarantee that third-party Apps and Devices are compatible with Our App.

The User must provide a valid email address through which all contacts will be made. All communications sent to that address will be considered read by the user, who therefore undertakes to regularly check received messages and respond to them, if necessary, within a reasonable time.

After confirming their registration, the user will have a personal login and password, which must be used to access their account in the App. This data should not be shared with third parties by the User, and they are entirely responsible for any use made of it. The user must immediately notify Us if they suspect any suspicious or unexpected activities in their account.

It will not be permitted to transfer, sell, rent, or otherwise assign a User account, which is personal and non-transferable.

Whenever the registration data is outdated, the User must correct it through the data modification tools available on the Profile screen.

Each User may maintain only one account with Our App.

The User who fails to comply with any of the rules contained in this instrument will have their account(s) suspended and will be notified to justify themselves. If no justification is presented within the specified period or if the justification is not accepted, their registration will be deleted. In the case of duplicate accounts, the account without a Green Card subscription or, if there is no subscription in either or both have one, the account with the lowest Ecomiles balance will be deleted. In case of identical Ecomiles balance, the most recent account will be deleted.

Account Cancellation or Deletion

The user may, at any time and without the need for justification, request the cancellation of their registration with the App. Their deletion from the platform will be carried out as quickly as possible.

Whether in case of a registration cancellation request or in case of deletion for non-compliance with the rules provided herein, the User's personal data will be treated in accordance with our Privacy Policy.

Green Card Payments and Cancellation

Ecomiles may occasionally change the price of the Green Card Subscription and will communicate any price changes to you in advance with reasonable prior notice. Price changes will take effect at the beginning of the next subscription period after the date of the price change. Under applicable law, by continuing to use the Ecomiles App after the price change takes effect, you will have accepted the new price. If you do not agree with a price change, you may reject it by canceling the applicable paid Subscription before the price change takes effect.

Your payment to Ecomiles for the use of Green Card will be valid for a period of one year from the date of your subscription and will automatically expire at the end of the term, without automatic renewal.

If during the use of Green Card benefits you choose to cancel the subscription, you understand that no amount paid or to be deducted for any installment payment option will be refunded or canceled, since the payment is Annual and not Monthly.

Other User Duties

The User must use the App's functionalities for purposes that do not violate the law, morals, or good customs. Specifically, they must limit themselves to using them in accordance with the purposes for which they were created.

The User may not use crawlers, robots, or any computer programs, algorithms, equipment, or automated methodologies to access, copy, read, monitor, browse, fill out forms, or publish content in the App.

The User may not use any automated or manual means or tools to access any content or information that has not been intentionally made available to them by Us, including information contained in sections of Our App and those stored or trafficked within the Information Technology infrastructure used by Us, which includes equipment, networks, and servers.

The User may not violate or test the vulnerabilities of the App's security mechanisms or the Information Technology infrastructure used by Us.

The User may not use any content or information made available in Our App for the purpose of identifying other Users or other people, unless the content or information is lawfully disclosed for this purpose.

The User may not overload the Information Technology infrastructure that maintains the App with an excessive or unreasonable number of requests.

The User may not hide their identity or the origin of their connection, nor may they impersonate another person. In this sense, among other possible conduct, the User may not use any tools or mechanisms to manipulate or mask the origin of any message sent to Us or to Our Information Technology infrastructure through Our App or any of its functionalities.

The registered User will be responsible for the use made of their user accounts and must ensure that their access credentials (login and password) are not shared with third parties.

The User has the responsibility to ensure the security of the electronic equipment and systems they use to access the App.

The User will be responsible for any content or information they may publish in Our App.

The inclusion of pages that disclose any types of illegal, violent, controversial, pornographic, xenophobic, discriminatory, or offensive information will not be authorized.

OUR RIGHTS AND DUTIES

Limitation, Interruption, or Suspension of the App

We are committed to using all technical solutions at our disposal so that the App can be accessed 24 (twenty-four) hours a day, every day. However, we may, at any time, interrupt, limit, or suspend access to the App or some of its pages or features in order to perform updates, modifications, corrections, or any other action we deem necessary to ensure the App functions properly.

For proper management, we may, at any time:

Suspend, interrupt, or limit access to all or part of the App to a specific category or all Users;

Remove any information that may disturb the App's operation or that conflicts with Brazilian or international law;

Suspend the App in order to perform updates and modifications.

External Links

Our App may contain external links that redirect Users to other internet pages over which we have no control.

Despite the prior and regular checks we perform, we disclaim any responsibility for the content found on pages and Apps that may be accessed through these links.

Our Duties and Responsibilities

Although we adopt everything within our reach to keep our App fully and correctly functioning, we will be responsible for defects or flaws eventually found in the computer program that makes up our App and that were caused by us, provided there is proven damage.

Defects or problems arising within or as a result of the systems or equipment used by the User to access and use our App will not be our responsibility.

We are also responsible, within the limits and terms of the law, for our Content. However, we do not assume any responsibility for Third-Party Content.

We are not responsible for the uses that Users make of our App, and they are personally and exclusively responsible for their own actions.

We will not be held responsible for any damages arising from acts of God, force majeure, or those resulting from the actions of third parties.

Intellectual Property Rights over Computer Programs and Our Content

The computer programs that make up the App and our Content available on the App are our property, unless we expressly mention otherwise.

Our computer programs and our Content that are protected by copyright may not be, in whole or in part, copied, reproduced, represented, adapted, or in any way altered, by any means and for any purpose, without our prior, express, and written authorization. In case of violations of our intellectual property rights, we reserve the right to adopt all applicable judicial and extrajudicial measures.

Access to the App does not grant the User any intellectual property rights relating to elements of the App.

PERSONAL DATA PROTECTION

We process Users' personal data in accordance with Federal Law No. 13.709/2018 (General Personal Data Protection Law) and other related regulations applicable to us. More information on this subject can be found in our Privacy Policy.

In that Policy, we identify the personal data we process and provide information about how, why, and on what legal basis we do so, as well as how Users can exercise their rights related to the protection of their personal data and how they can contact our Personal Data Protection Officer.

Requests for alteration, rectification, or deletion of personal data should be directed to us in accordance with the provisions of that Policy.

USER SUPPORT SERVICE

In case of questions, suggestions, or problems with using the App, the User may directly contact our support service via email: contato@Ecomiles.app or WhatsApp: +55 19 996496618. These User support services will be available on the following days and times: Monday to Friday, from 9 am to 6 pm.

The User may also choose to send correspondence to the App's headquarters address, provided at the beginning of this document.

SANCTIONS

Without prejudice to other applicable legal measures, we may, at any time, warn, suspend, and cancel the User's account if they:

Fail to comply with any of the provisions contained in this instrument;

Fail to fulfill their duties as a User;

Engage in fraudulent, illegal, or immoral acts;

Provide any incorrect information;

Engage in behavior that constitutes or may result in offense or harm to a third party or the App itself.

AMENDMENTS

The current version of these general terms and conditions of use was last updated in June 2023.

We reserve the right to modify the App and services, as well as these rules, at any time, especially to adapt them to the evolution of the App, whether through the availability of new features or the removal or modification of existing ones.

Users will be explicitly notified of any changes to these terms through the App itself and may only continue using it by agreeing to the new version.

APPLICABLE LAW AND JURISDICTION

Brazilian law will be fully applied to resolve disputes arising from this instrument.

Any disputes must be presented in one of the courts of the district of São Paulo/SP.

Welcome!

The Ecomiles team wishes you an excellent experience!