Terms of Use

ENFORM SERVICOS DE TECNOLOGIA LTDA., a limited liability company (sociedade limitada), enrolled with the CNPJ (Brazilian National Registry of Legal Entities) under No. 35.550.780/0001-28, headquartered in the City of Rio de Janeiro, State of Rio de Janeiro, at Avenida Ataulfo de Paiva 1079 SAL 601, Leblon, CEP: 22440-034 (hereinafter referred to as “Enform”), whose services are made available through the website https://app.enform.ai, hereby establishes these conditions of use of the website, to govern the relationship between Enform and the users of the Site (“Terms of Use”):

I. DEFINITIONS

1.1 For all purposes of these Terms of Use, the following capitalized expressions and defined terms shall have the meanings indicated below, whether in the plural or singular, masculine or feminine:

Accept or Acceptance: means the act of the User clicking the box “I have read and agree to the Terms and Conditions of Use” displayed on the Site. Such act implies the User’s prior, express and informed consent to everything set forth in this document.Enform Account: means the User’s access account to Enform, created by registering on the Site.Content: means any and all information made available by and through the Site to the User, including information relating to the Carbon Inventories received through Enform’s emission forms, including the source codes used to display such content, such as those in HTML, CSS, Next.js, NestJS and any others that may be used or created to make information available through the Site.Data: means, when referred to together, the User’s Access Data and Personal Data.Access Data: means the information collected from Users through access to and use of the Site, including, but not limited to, data regarding the browser used for access, information about the computer’s resolution, Internet Protocol (IP) address, average time spent, and date and place/region of access.Personal Data: means any data entered by the User in its Enform Account, including name, Cadastro Nacional de Pessoa Jurídica (Brazilian National Registry of Legal Entities) number, address, telephone number and e-mail address, in addition to information that Enform may request from the User from time to time. Carbon Inventory: means any data related to carbon and greenhouse gas emissions reported by the User in relation to its company and received by Enform through the forms accessible through the Website, grouped by year. Service Packages: means the Enform service package contracted by the User from among the options available on the Site (i.e. “Lite”, “Pro”).In-app purchases: Clients may make purchases within the application that are not part of the service package.Platform: means the software exclusively owned by Enform in which the User’s Carbon Inventories and Personal Data will be received, managed and stored in an automated manner, and through which reports and summaries will be generated so that the User can compare its progress and results with those of its sector.Privacy Policy: means the privacy policy governing the provisions on the use of the Carbon Inventories, as well as of the Data provided by the User, including the set of rules created by Enform in this document and in any other documents that may become part of it for this purpose, which, together, constitute the rigorous information protection standards of Enform’s systems.Site: means the electronic addresses https://enform.ai and https://app.enform.ai or any other that may replace them, Enform being the sole and exclusive owner of the trademarks and domains associated with them.Terms of Use: has the meaning assigned in the Preamble.User: means any legal entity or group of legal entities registered through a single administrator representative, with full capacity to contract, that completes a registration on the Site in order to enjoy the features offered by Enform, thereby automatically adhering to the Terms of Use. The representative of the legal entity or group of legal entities may, under its sole and strict responsibility, grant other new users access to the information of the legal entity or group of legal entities, as the case may be.

II. ENFORM AND THE USE OF THE PLATFORM

2.1. The Enform Site offers an independent Platform for identified third parties to report and submit Carbon Inventories, processing such data and using it, in a generic and anonymous manner, to calculate the average emissions of the economic sector of the User’s company for the year of the Inventory.

2.2. Upon creating the Enform Account, the User will provide Enform with its Personal Data and will choose, from among the available options, (i) the Service Package best suited to it; and (ii) a username and password to be used to access its Enform Account.

2.2.1. The password and username created by the User to access its Enform Account are confidential and the sole responsibility of the User, who must contact Enform immediately, at the electronic address indicated in Clause 4.1. below, in the event their confidentiality is compromised.

2.3. The User shall be responsible for the truthfulness, validity and accuracy of the Personal Data it provides in its registration, including with respect to providing a valid e-mail address held by it, and it is also the User’s responsibility to keep such registration always up to date. Enform shall have no obligation to monitor the Personal Data provided by Users, but may, at its sole discretion, delete information that appears to it to be untrue or offensive.

2.4. Acceptance of the Terms of Use and payment of the price of the respective Service Package, as indicated on the website, grant the User a personal, revocable, non-exclusive and non-transferable license to use the Platform, exclusively as provided for in this instrument, it being understood that the User may not use, or allow the use of, the Platform for any other purpose not expressly provided for in these Terms of Use. Accordingly, the User shall not, without any limitation, copy, modify, distribute, sell or rent the services made available by Enform originating from the Platform and the Site, or carry out any kind of decompilation, decompression, reverse engineering or access to the source code of the Platform.

III. REGISTRATION

3.1. To use the features offered by Enform, the User must register by creating an Enform Account, subject to the mandatory reading and Acceptance of these Terms of Use and payment of the price of the contracted Service Package (if applicable), as provided on the Site.

3.2. Upon Acceptance, the User will immediately be subject to the provisions contained in these Terms of Use, and such provisions will fully govern the relationship between the User and Enform, as will any manuals, rules or policies in force that may be published from time to time in connection with the Terms of Use and/or the relationship between the User and Enform.

3.3. ENFORM RESERVES THE RIGHT, AND THE USER EXPRESSLY AGREES, TO DEFINE, AT ANY TIME, LIMITS AND/OR CONDITIONS FOR THE USE OF THE SITE AND THE PLATFORM AND/OR FOR THE STORAGE OF USER CONTENT ON ENFORM’S EQUIPMENT.3.4. BY ACCEPTING, THE USER AGREES TO THE PRICES CHARGED FOR CREATING AN ENFORM ACCOUNT AND USING THE FEATURES OFFERED BY ENFORM ON THE SITE, AND ENFORM MAY, WITH AT LEAST 30 (THIRTY) DAYS’ PRIOR NOTICE, CHANGE THE PRICES CHARGED FOR THE SERVICE, NOTIFYING THE USER OF SUCH CHANGE BY MEANS OF THE E-MAIL ADDRESS PROVIDED BY THE USER IN ITS ENFORM ACCOUNT.

IV. COMMUNICATION WITH ENFORM

4.1 For any matter related to the conditions of these Terms of Use, as well as to the Site or the Platform, the User must contact Enform by e-mail at support@enform.ai.V. USE LIMITATIONS AND INTERFERENCE5.1. Enform may modify, cancel or suspend, in whole or in part, the User’s Enform Account, in addition to applying any appropriate legal measure, when the User:(i) when using the Site and/or the Platform, violates rules applicable in Brazil, the Terms of Use, or property rights of Enform and/or third parties, including, without limitation, the violation of intellectual property rights, copyrights and privacy rights, or the production and dissemination of illegal, unlawful, inappropriate or offensive content;(ii) copies, assigns, sublicenses, sells, leases or pledges, reproduces, donates, disposes of, or in any way transfers, in whole or in part, in any form, free of charge or for consideration, temporarily or permanently, the Platform, as well as its modules, parts, manuals or any information relating thereto, to third parties;(iii) employs software, techniques and/or devices with the intention of improperly using the Site and/or the Platform for practices harmful to Enform or to third parties;(iv) reproduces, duplicates, copies, modifies, sells and/or uses, in whole or in part, for any purpose, the Platform or any Content of the Site without Enform’s prior and express authorization;(v) publishes or transmits any file containing viruses or any other contaminating or destructive program, or that may otherwise interfere with the proper functioning of the Site and/or the Platform or that may cause damage to its recipient or to third parties;(vi) uses the Platform for a purpose other than that for which it was made available by Enform;(vii) improperly discloses, uses or modifies the data of other Users;(viii) uses the Platform, or allows its use, for the benefit of third parties;(ix) the Enform platform, as well as its packages, may be discontinued upon 30 (thirty) days’ prior notice.VI. CONFIDENTIAL INFORMATION AND PRIVACY POLICY

6.1. By registering with Enform, the User agrees to its Privacy Policy. Acceptance of the Terms of Use will authorize Enform to use the User’s Data as provided herein.

6.2. The User is responsible for maintaining the confidentiality of its Access Data and must not provide it to third parties, for which reason Enform is not responsible for any unauthorized handling of such information by third parties.

6.3. Enform will not provide sensitive information received or User Data to third parties without the User’s prior authorization, except upon judicial request or in other cases expressly provided for in these Terms of Use.

6.4. By providing its Personal Data, the User allows Enform to use it to develop and improve the services and features offered by Enform and to solve Platform problems related to errors, fraud or against any electronic crime, in addition to allowing its use to calculate, anonymously, the average emissions related to the economic sector of the User’s company.

6.5. Enform is not responsible for the protection of the User’s Personal Data when the User clicks on an advertising banner or in any way agrees to be redirected to an advertiser’s website, in which case the User will become subject to that advertiser’s terms of use and privacy policy.

6.6. Enform is authorized to use “cookies”, “tags” and other similar technologies.

6.6.1 Cookies may be placed on the User’s access terminal when the User accesses its Enform Account for the purpose of storing Access Data so as to facilitate the User’s future access to the Site, in addition to temporary cookies, unless the User disables the collection of cookies in its browser.

6.7. The User authorizes Enform to send e-mails, notices or alerts for the purpose of guiding the User toward better use of the Platform’s features, unless the User expressly requests otherwise.

6.8. If the User deletes its Enform Account, at the time of deletion it must choose between the deletion of all Data provided or the retention of the Data in Enform’s system. If it chooses to retain the Data in Enform’s system, its Data will continue to be used in a generic and anonymous manner as provided for in Clauses 6.3. and 6.4. above.

6.8.1. Enform reserves the right to, where applicable, keep the User Data for the purpose of complying with an order from a public and/or governmental authority, by means of a court decision, and to make it available to its legitimate requester.

6.8.2. If the Enform Account is deleted for non-payment, Enform will continue to use the User’s Data in a generic and anonymous manner as provided for in Clauses 6.3, and 6.4. above, unless expressly instructed otherwise by the User.

6.9. In the event of a transfer of Enform or the Platform by acquisition, sale, merger, corporate reorganization, or any change of control of Enform, the protection of the Users’ Data shall be guaranteed.

6.10. The User may, at its own expense and risk, make access to its personal account on the website available to third parties. IF THE INFORMATION INCLUDED ON THE WEBSITE CAUSES DAMAGE TO THIRD PARTIES AND ENFORM IS COMPELLED TO INDEMNIFY FOR SUCH DAMAGE, THE USER SHALL BE RESPONSIBLE FOR REIMBURSING SUCH CONTINGENCY.

VII. INTELLECTUAL PROPERTY

7.1. The User does not acquire, through these Terms of Use, any intellectual property rights or other exclusive rights, including patents, designs, databases, trademarks, copyrights and economic rights, or rights over confidential information or trade secrets, over or related to the Platform and/or the Site, which are exclusively owned and held by Enform.

7.2. If the User develops a new module or product that constitutes a copy, in whole or in part, of the Platform, it shall be considered part of the Platform, and its ownership shall therefore be incorporated by Enform and its use shall be subject to these contractual clauses.

7.3. The Content made available on the Site, including texts, images, graphics, tables, data and any other material, belongs to Enform and is protected by Brazilian legislation on intellectual property and copyright, and may only be used by the User for personal use; any other form of use of the Site Content, other than under these Terms of Use, is prohibited without Enform’s prior written consent.

7.4. Enform may, at its sole discretion, at any time, without the need for prior notice to the User, add, delete or modify the Content offered on Enform.

7.5. Enform may, at its sole discretion, modify, suspend or terminate its activities and/or the Site, upon prior notice to the User at the e-mail address provided in the Enform Account and/or by means of a notice on the Site, except in cases of acts of God (caso fortuito) or force majeure, in which notice shall be waived.

VIII. LIMITATION OF LIABILITY

8.1. The information and monthly reports generated by Enform and transmitted to Users are merely informative in nature and are no more than mere suggestions, THEIR INTERPRETATION AND APPLICATION, AND ANY LOSSES THAT MAY RESULT THEREFROM, BEING AT THE SOLE DISCRETION AND RESPONSIBILITY OF THE USERS.8.2. THE PLATFORM PROCESSES DATA AUTOMATICALLY, IT BEING UNDERSTOOD THAT ENFORM IS NOT RESPONSIBLE FOR MANAGING THE USER’S COMPLIANCE CRISES OR FOR ACHIEVING RESULTS THAT MAY BE EXPECTED BY THE USER AFTER IMPLEMENTING SUGGESTIONS PRESENTED BY ENFORM WITH RESPECT TO THE INVESTIGATION OF REPORTS AND THE CONDUCT OF INVESTIGATIVE PROCEEDINGS. The suggestions presented by Enform are provided solely on the basis of the content of the information received and made available by Users, and Enform therefore has no way of guaranteeing that all relevant information has been provided or that such information is truthful. 8.3. ENFORM SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, EVEN ON A JOINT OR SECONDARY BASIS:

(i) for the accuracy, authenticity, validity and timeliness of the Carbon Inventories and the Data provided by Users, it being the User’s responsibility to verify, on its own, whether such information is true and complete before making any decision based on it;

(ii) for the services or products offered on the Site by advertisers or any third parties, including with respect to their availability, quality, quantity, essential characteristics, offers, prices, payment methods or any other elements relating to them;

(iii) for any losses suffered by Users as a result of making decisions based on the Reports and/or information made available on the Site, no warranty of satisfactory quality being applicable to the service;

(iv) for any losses suffered by Users as a result of failures in the computer system or servers that are not attributable to Enform’s fault, or in its connectivity with the internet in general, it being the full and exclusive responsibility of the User to obtain, independently and at its own expense, the equipment, software and services necessary to ensure its connection to the internet;

(v) for situations of acts of God (caso fortuito), force majeure or acts performed by the User itself, under article 393 of the Código Civil Brasileiro (Brazilian Civil Code);

(vi) for compensation for damages of any nature caused by a breach of the User’s privacy or data security while its computer is connected to the internet through third parties;

(vii) for losses caused by programs harmful to the User’s equipment (such as, but not limited to, viruses and trojans), even if such files and programs have been received through a User e-mail account registered under this instrument;

(viii) for any failure in the e-mail system, even if for a reason attributable to it, it being established that access to the e-mail service, when available, will be provided as is; and

(ix) for uninterrupted, secure or error-free service, including non-delivery of or failure to archive any Reports, Data or information registered by the User, for any feature remaining available, for defects in the Platform being corrected or for the Platform being compatible or working with any third-party software, applications or services, no support, customer service or technical assistance services being provided by Enform.

8.5 As provided for in Clause 6 of these Terms of Use, Enform will use its best efforts and all means at its disposal to protect the Users’ Data in a manner compatible with its nature; however, Enform does not guarantee that the measures adopted to safeguard the Users’ Data are error-free or that they are not subject to interference from third parties, such as hackers. BY ACCEPTING THE TERMS OF USE AND USING THE SITE AND THE PLATFORM, THE USER UNDERSTANDS AND EXPRESSLY ASSUMES THE RISK THAT ITS DATA MAY BE DISCLOSED TO THIRD PARTIES DUE TO FACTORS BEYOND ENFORM’S CONTROL AND AGREES THAT ENFORM SHALL NOT BE LIABLE FOR SUCH DATA LEAKS.

IX. INDEMNIFICATION

9.1. User agrees to defend, indemnify and hold harmless Enform and its affiliates, directors, partners, employees and agents from and against any charges, actions or claims, including, but not limited to, attorneys’ fees, resulting from: (i) any improper use by the User of the Reports, the Site, the Platform and/or their Content; or (ii) the breach of the conditions agreed herein.

9.2. IN NO EVENT SHALL ENFORM BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFIT, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGE OR LOSS, ARISING FROM OR RELATED TO THE USE OF THE PLATFORM.

9.3. In the event that Enform is compelled, by a court decision, to indemnify or reimburse the User for damages suffered, notwithstanding the provisions of Item 9.2 above, the amount owed to the User shall be limited to the total amount actually paid by the User to Enform, according to the contracted Service Package, for the enjoyment of the features offered by the Site and the Platform.

X. TERM AND TERMINATION

10.1. These Terms of Use shall remain in force for an indefinite period as from the User’s Acceptance, and may be modified or terminated unilaterally, at any time, by Enform, without any charge, upon simple notice through the Site itself or by the e-mail address indicated in the User’s Enform Registration.

10.2. The User may, at any time, request the cancellation of its Enform Account, by means of a cancellation request submitted through support@enform.ai. In this case, the User’s data will be processed as provided for in Clause 6.9 of these Terms of Use.

10.3. Enform may, at any time, amend the Terms of Use, at its sole discretion. Any amendments to these Terms of Use will be announced by means of a notice on the Site, or, whenever the amendments to the conditions of these Terms of Use imply limitations on the User’s use of the services, Enform undertakes to inform the User of such modifications by e-mail. If the User does not agree with the amendments, it shall be up to the User to cancel its Enform Account, under clause 10.2. above. If the User continues to use the services made available through the Site, it shall be deemed to agree with the amendments.

10.4. The date of the last update made by Enform to these Terms of Use will always be indicated.

10.5. The User understands and agrees that, as soon as an amendment to these Terms of Use is published on the Site, the use of the Site and the Platform and the relationship with Enform will become subject to the updated Terms of Use.

XI. GENERAL PROVISIONS

11.1. These Terms of Use do not create any partnership, franchise or employment relationship between Enform and the User, its partners and/or advertisers.

11.2. If any provision of these Terms of Use is deemed illegal, null or unenforceable for any reason, the remaining provisions shall not be affected and shall remain valid and enforceable to the fullest extent possible.

11.3. The Terms of Use constitute the entire agreement on the conditions of use of the Site and the Platform. The User declares that it is aware of the rights and obligations arising from the Terms of Use, having read, understood and accepted all of the terms and conditions.

11.4. Any failure by Enform to enforce or exercise any provision of the Terms of Use or related rights shall not constitute a waiver of such right or provision.

11.5. The User confirms and warrants to Enform that it has all the rights, powers and authority necessary to enter into this instrument and to perform all of the obligations provided for herein.

11.6. The User may not, in any way or under any circumstances, assign the rights arising from the Acceptance of these Terms of Use to any third party without Enform’s prior and express consent. On the other hand, Enform may, at any time, assign the rights and obligations provided for in this agreement to any of its partners, as well as to any affiliated company, as well as in the event of an acquisition, sale, merger, corporate reorganization or any other change that alters the control of Enform, regardless of any notice to the User.

11.7. These Terms of Use shall be construed exclusively in accordance with the laws of the Federative Republic of Brazil.

11.8. The parties elect the courts of the Judicial District (Foro da Comarca) of Rio de Janeiro, State of Rio de Janeiro, as the sole competent venue to settle any dispute arising from the Terms of Use, waiving any other, however privileged it may be.