Terms and Conditions of Use
Hello Alumni, how are you? This document is for you who have hired or want to hire PM3 for your personal study.
Here are our terms and conditions of use, some things you need to know before you start using our Platform to make everything run smoothly.
Last updated: 16/05/2024
Who are we
Corporate Name: SOMOS 3 INTERNET S.A.
CNPJ: 30.904.079/0001-46
Address: Rua Vergueiro nº3.195, conjunto 58, Vila Mariana, São Paulo/SP, CEP: 04101-300
What do we offer?
Through our Platform, we make content developed by us and our partners available to the Alumni, through individual Plans contracted by him.
What is the purpose of these Terms of Use?
Inform the Alumni and any visitor of the rules of use of our Platform and obtain their acceptance, which is essential for use and contractually binding. Therefore, the Alumni must make sure to read, understand and agree with these Terms and Conditions of Use when making a purchase, otherwise they will not be able to access and use the Platform.
In summary, by accessing the PM3 Courses website, you agree to comply with these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with all applicable local laws. If you do not agree to any of these terms, you are prohibited from using or accessing this website.
The materials contained on this website are protected by applicable copyright and trademark laws.
If, for any reason, the Alumni does not meet any of the requirements set forth above, they must contact PM3 through the following e-mail: [email protected]
Definitions
Throughout these Terms of Use, the Alumni will find some words beginning with a capital letter, which will correspond to the definitions below, both in the plural and singular:
Alumni: an individual who has purchased any product from the company for his or her personal, individual and exclusive use
and who has created the Alumni Account to use the services and functionalities offered by PM3 through its Platform. Also identified in these terms as "You".
Alumni Account: registration and identification of the Alumni with username/login and password to access
the Platform
Content: Activities, graphs, tables, services or support materials, which
include, but are not limited to, video lessons, quizzes, presentations, images, texts, layouts, diagrams, illustrations, documents, audio and video clips, forms for generating electronic documents and other files available on the Platform.
Courses: Video classes, teaching materials and activities made available through the Platform by PM3 for the Alumni, in virtual and/or face-to-face mode. Our courses currently have two categories: Training and Sprints.
Training: Long-term courses (between 3 pm and 60 hours), available in the category of the same name on our website, which can be purchased individually or in packages of 2 or more Trainings, with limited access time of at least 12 months (the term may be renewed upon new purchase).
Sprints: Set of short courses (between 2h and 15h), available in the category of the same name on our website, which can be purchased in the Annual Subscription format, with a minimum access time of 12 months, with automatic renewal for the same period if the Alumni does not express a contrary wish.
Alumni Data: Any data that, under the LGPD, is considered the Alumni's personal data
Personal Data: Information related to an identified or identifiable natural person, under the terms of the LGPD
Unauthorized Information: Information or activities that the Alumni must not make available, submit, upload, transmit or perform through the Platform
Digital Infrastructure: All software, servers, services, databases and other components that enable the operation and functioning of the Platform, as defined below, by PM3
LGPD: General Data Protection Law, Law No. 13,709, of August 14, 2018, Brazil
Notifications: Communications, notices and messages sent to the Alumni, either via email, whatsapp or via the Platform's electronic messenger
Plan: format chosen and contracted to access the classes and teaching material that are on the Platform, contracted individually by each Alumni
Platform: Interactive interface that PM3 uses to make available all services and functionalities available to the Alumni, which may be made available in the form of a website or other means, depending on the technical feasibility and at the discretion of PM3
Privacy Policy: Document containing the description of how PM3 collects and processes the Personal Data of Alumnis, available at the following link: https://pm3.com.br/politica-de-privacidade/ (Portuguese only)
Website: A set of hypertexts managed by pm3 and accessible via the world wide web from the following link: https://pm3.com.br/ and https://pm3.framer.website/courses/product-management
Data Processing: Any operation carried out with Personal Data, such as those
referring to the collection, production, reception, classification, use, access, reproduction, transmission, distribution, processing, filing, storage, elimination, evaluation or control of information, modification, communication, transfer, dissemination or extraction. This definition for Personal Data Processing coincides with the definition provided by the LGPD.
Acceptance of the Terms and Conditions of Use
By accessing and using the Platform, the Alumni agrees to the conditions of these Terms and Conditions of Use, PM3's Privacy Policy and the applicable laws, rules and regulations. If any changes to our Terms or Policies are made, they will be effective immediately upon posting on the Site.
Continued use of the Platform after publishing the updated version of the Terms and Conditions of Use, with or without notification, constitutes the Alumni's acceptance. Thus, the Alumni undertakes to periodically check for updates. How to give acceptance? The Alumni's acceptance may be considered expressly, through the purchase of the Courses, or tacitly, that is, without any selection, as long as the Alumni continues to use the Platform and make the payment corresponding to their hiring.
Alumni Account
Identity verification
PM3 will not be responsible, under any circumstances, for the veracity of the information provided by the Alumni when creating the Alumni Account. PM3, however, may subject the verification and access to the Platform to the submission, by the Alumni, of certain documents to prove their identity and other Alumni Data.
PM3 also reserves the right to accept or reject any type of Alumni or Company in our base and is not obliged to maintain business relationships with Alumni or Companies in which we have no interest.
Use of the Platform
The Alumni is responsible for all activities carried out in their Alumni Account and agrees to always maintain the security and confidentiality of the Alumni Data, the passwords used, and any other credentials necessary for browsing and using the Platform.
PM3 will not be responsible for the use of the Alumni Account by any person other than the Alumni, nor for any acts, facts, actions, omissions, and any damages, direct or indirect, that arise from such use.
The Alumni also declares that their Alumni Account is personal and non-transferable, and its commercialization or sharing with third parties is expressly prohibited. That is, only the Alumni can use their Alumni Account, and it is not allowed to share it with other Alumni. Regardless of whether the Plan chosen for the purchase of the Course has been unitary or in a bundle of Courses.
To use the Platform, PM3 allows you to use up to 4 (four) devices, believing that it is enough for a single person as it allows you to use smartphones, tablets, and different computers (work and personal).
If PM3 detects, through its algorithms, that more than one person is using the same Alumni Account, it reserves the right to remove access to the platform at any time, without the obligation to reimburse the buyer.
The Alumni acknowledge that the Platform and any of its elements are the exclusive property of PM3. Therefore, the Alumni cannot, under any circumstances, appropriate any of these elements to use them outside the Platform, for any purposes, through the use of any means or techniques, such as reverse engineering, cyber-attacks, sale, public display or unauthorized licensing, among others. Some examples of elements are images, texts (excluding texts produced by the Alumni), logos, features, content and tools.
PM3 may make available on its Platform links to access third-party platforms, always aiming at the best learning of the Alumni. If this occurs, the Alumni understand that PM3 does not offer guarantees of any kind and is not responsible for any content or practices of the third-party platforms or their respective users. If you wish to use third-party platforms, PM3 recommends that the Alumni carefully read the terms and policies of these platforms. The provision of links by PM3 does not constitute any type of affiliation between PM3 and the third-party platform
Interruption or Restriction of Access
PM3 may, at any time and its sole discretion, without any liability indemnify the Alumni for any damages, restrict or interrupt the Alumni's access to the Platform, provided that there is a well-founded risk that the Alumni is in breach of any provision of these Terms and Conditions of Use.
The Alumni recognizes that some of the hypotheses of non-compliance, for example, maybe the following:
- changes not expressly authorized by the Alumni to the Platform;
- the performance of any acts, by the Alumni, that incite, favor, represent, and/or facilitate any improper or illicit activities or practices, such as racism, discrimination of any kind, non-compliance with any fundamental rights or legal obligations, commission of crimes against honor, life or property;
- sharing of the Alumni Account to make the Content available to more than one Alumni.
Notifications
PM3 may contact the Alumni through the Notifications services.
The Alumni expressly agrees to receive messages, communications, documents, and disclosures, from PM3, including, but not limited to, letters, e-mails, telephone calls, text messages, images on the mobile phone, or through instant messaging software, such as Whatsapp, Telegram and Facebook Messenger, which may include information and recommendations about the Platform, promotion, marketing or advertising that PM3 believes to be of interest to the Alumni.
If the Alumni do not want to receive Notifications, they may, at any time, opt out of receiving promotional, marketing, or advertising emails, notice,s and communications from PM3. Even so, PM3 may send urgent and necessary notifications, as long as they are based on its legitimate interest per the applicable legislation, including, among others, information about the Alumni Account, services performed, payment receipts, progress information, or other services that are necessary for the Alumni's access to the Platform.
PM3 may share Alumni Data with its affiliates, partners, administrators, employees, third-party service providers, parenting, affiliate,d and controlled companies, as well as all other persons or entities that, at the sole and reasonable discretion of PM3, contribute to the operation of the Platform, including customer service, billing or collection companies, that PM3 has contracted, always per PM3's Privacy Policy and the LGPD.
How should I act concerning the Platform?
O Alumni declares that:
will not provide false information;
will not defraud any activities, services, or Content of the Platform;
will not reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, in whole or in part, the activities or services of the Platform, unless expressly authorized in these Terms and Conditions of Use;
you will not use the PM3 name, trademarks, or other Content for any purposes other than those expressly authorized herein;
will not use automated means to access the Platform;
will not falsely state, pretend to be another person, or otherwise misrepresent your identity, pseudonymize, or otherwise misrepresent your affiliations with a person or entity;
will not interfere with the activities or services of the Platform, servers, or networks connected to the Platform;
will not interrupt the activities and services of the Platform or fail to comply with any requirements, procedures, police,s or regulations of servers or networks connected to the Platform;
will respond to the questionnaires, tests, evaluations, and exams of the Platform to enable the operation and offer of the functionalities of said Platform;
will access the Platform in appropriate places, respecting the time limit of exposure to the screen of the device used (for example computers, tablets, smartphones, among others), as well as the minimum recommended distance between the screen and the Alumni;
will periodically check for updates to the Terms and Conditions of Use and the Privacy Policy.
The Alumni shall not post, upload, transmit, or otherwise make available through the Platform any content, communications, or other information that:
are obscene, false, disrespectful, defamatory, libelous, libelous, or that embarrass, discriminate, or threaten any person;
have viruses, trojans, worms, time bombs, cancellation robots, other malicious devices, or harmful components that may damage, negatively interfere with, surreptitiously intercept, or expropriate any system, data, or Alumni Content;
is not authorized to disclose or make available under any law or contractual or fiduciary relationships (such as insider, proprietary, and confidential information learned or disclosed as part of employment or under nondisclosure agreements);
consist of automated means to access the Platform;
infringe copyrights, patents, trademarks, trade secrets, right of publicity, or any other intellectual property rights or proprietary rights;
violate the rights of other Platform Alumni; or
violate any applicable local, state, national, or international laws or advocate or encourage illegal activity.
Internet Access, Equipment, and Accessory Devices
It is the responsibility of the Alumni to use the appropriate equipment and devices to access and use the Platform per the required technical specifications.
The Alumni must comply with the recommendation of the manufacturer of the equipment and accessory devices. PM3 does not guarantee that the Platform will work on any equipment or device.
The Platform may be subject to malfunctions and delays inherent to access to the internet and the electronic communications network.
Courses
Each Course will follow a syllabus predetermined by PM3, whose topics can be found on the Platform, as well as on the company's website.
The Alumni declares to be aware that the syllabus of each of the Courses may be changed, restricted, suppressed or expanded, without prior notice and without this representing a change in the object herein contracted, nor in the amount adjusted at the time of contracting. Therefore, the courses may be changed both in structure and content, always seeking to offer the best possible service to the Alumni.
The estimated duration of each Course is based on the hours of each of the videos made available in each Course, the number of exercises, and possible discussions in the PM3 Community.
Individual access to the Platform allows the Alumni to attend the Courses and perform the available exercises, as well as to participate in the Community during their access period.
The materials displayed in the Course, as well as on the Website, of PM3 may include technical, typographical or photographic errors, but undertakes to correct the Contents when any error is identified that it considers subject to revision. However, PM3 is not obliged to update the materials, much less will it have a specified deadline for doing so.
The data generated during the Alumni's access period will remain on the Platform even outside the validity period stipulated below and can be accessed again with the renewal of the Plan, respecting PM3's Privacy Policy.
Certificates of completion of the Courses, where applicable, will be made available by email upon completion of the Course. Certificates will only be awarded to those Alumni who participate in at least 70% (seventy percent) of the activities of the Course.
In the unlikely event of termination of the Platform, the Parties agree that the content will be available for access, as contracted, until the end of the contractual term and without any amounts due as compensation.
Intellectual Property Rights
The Alumni agrees that PM3 is not responsible for any modifications, suspensions, or discontinuance of the Platform or any part of it.
During the term of these Terms and Conditions of Use, no clause set forth herein shall be construed to oblige PM3 to keep accessible and offer the Platform or any part thereof.
The Content or any material available on the Platform, such as graphics, infographics, tables, graphic design, video lessons, quizzes, presentation materials, activities, programs, codes and other images, texts, layouts, schemes, exhibitions, illustrations, documents, materials, audio and video clips, HTML and files, are the property of PM3 or its licensors, being protected by copyrights, patents and/or other intellectual property rights, per Brazilian laws.
The Alumni may not copy, sell, resell, display, reproduce, publish, modify, create, transfer, distribute, or otherwise commercially exploit the Platform or any Content, or create derivative works from it. Nor may the Alumni unpack, disassemble, access, or reverse engineer the source code of any software that may be used to administer the Platform.
PM3 may periodically include software, code, instructions, or other information in the Content or materials on the Platform. All information is provided as is and is exclusively intended for educational purposes, subject to the provisions outlined in these Terms and Conditions of Use. Use of such Content for commercial purposes is strictly prohibited.
PM3 reserves the right to remove from the Platform, without prior notice, any content that violates the copyrights, patents, trademarks, trade secrets, right of publicity, or any other intellectual property rights of PM3 or third parties. The removal of content due to allegations of copyright infringement may occur from a request made through the contacts indicated in these Terms and Conditions of Use.
In no event shall PM3 or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit or due to business interruption) arising out of the use or inability to use PM3's materials, even if the company or an authorized representative of the company has been notified orally or in writing of the possibility of such damage.
License to Use the Platform
PM3 hereby grants the Alumni a personal, limited, global, non-exclusive, non-transferable, revocable, and non-sublicensable right and license to use the Platform. Thus, the Alumni have the right to use the Platform to take the courses and are not authorized to share their access data with other people.
The Alumni may download portions of the Content, where available, for personal, non-commercial use so that they can exercise the rights granted to them. The use of the Platform does not grant the Alumni any intellectual property rights over the Platform and its Contents.
The Alumni must comply with all copyright notices or restrictions contained on the Platform. The Alumni may not alter any attributions, legal notices, or proprietary rights of the Platform.
Platform Community Features
The Platform may contain or have associated with interactive social media features, such as discussion forums. The Alumni agrees to use these features only to send messages, content, and text, audio, or video information, including comments and feedback related to the purpose for which PM3 provided the means of communication.
PM3 may provide services that allow alumni to communicate with PM3 employees or other alumni, such as chat rooms.
The Alumni acknowledges and agrees that such services may be monitored or recorded for quality control purposes per these Terms and Conditions of Use and the Privacy Policy.
PM3 may, at its discretion and in compliance with a legal order (such as a court decision, for example), promote the removal of content considered contrary to these Terms and Conditions of Use, whether messages, text, audio, or video information, including comments or feedback formulated and presented by the Alumni on the Platform.
The content of any texts, messages, photographs, videos, and files in general published by the Alumni on the Platform is the sole and exclusive responsibility of the Alumni himself and the author of said post.
Alumni Activities
PM3 may offer the Alumni the possibility to present, upload, publish or in any way make available text, audio or video content and information, including comments and feedback related to the Platform in discussion groups and public forums ("Forums"), chat rooms or any other similar environments.
PM3 does not claim ownership of any Alumni Data that may be presented or made available by the Alumni on the Platform. The Alumni shall be the sole and exclusive owner of all rights, titles, and interest in and to the Alumni Data. The Alumni are solely responsible for the Content they share.
The Alumni hereby grants PM3 an irrevocable, worldwide, perpetual, royalty-free, non-exclusive license to: (a) use, distribute, reproduce, modify, adapt, perform, create derivative works from, and publicly display any of the activities and content produced, displayed, or made available to PM3; or (b) otherwise exploit them, with the prerogative to sublicense those rights for any purpose
PM3 reserves the right to remove or modify any activities produced by the Alumni for any reason.
The Alumni declare that, concerning the activities carried out and content produced from the use of the Platform, they enjoy all the rights, licenses, and authorizations necessary to carry them out and produce them.
The Alumni further agrees to comply with all applicable local standards, including those about online conduct and acceptable content.
Authorization to Use Alumni Data
PM3 provides information on how PM3 collects, uses, stores, protects, discloses, and processes Alumni Data through its Privacy Policy, which is, hereby, incorporated into the Terms and Conditions of Use for reference purposes.
The Alumni should read the privacy policy carefully.
The Alumni will be ensured, when requested upon specific request through the channels indicated in the privacy policy, the elimination of their data stored by PM3, under the terms of the Privacy Policy. If the Alumni's data cannot be deleted, he will be notified and will receive the respective justification for doing so.
The deletion of data will result in the automatic cancellation of the Alumni account and cannot be recovered.
PM3 PRIVACY POLICY
https://pm3.com.br/politica-de-privacidade/ (Portuguese only)
CONTACT FOR PRIVACY AND DATA PROTECTION QUESTIONS
This is the contact to be used to request the deletion of your data or exercise the other rights provided for in the LGPD, as well as for any other issue related to these Terms and Conditions of Use.
Price
By signing up for the Course, the Alumni commits to the amounts and payment terms agreed upon at the time of contracting via the website (https://pm3.framer.website/courses/product-management).
PM3 reserves the right to change the prices on the website, at its discretion and without any prior notice, and is not subject to change or refund any amount that may have been paid for the same Course at another time.
In the case of Sprints, the prices foreseen in the initial 12-month contract may be readjusted after the expiration of the contracting period, at the discretion of PM3 and according to market conditions.
As for the Product Management Certification, international version, PM3 reserves the right to set pricing independently.
Disclaimer and Limitation of Warranties
The Platform and its content are provided "as is". PM3 does not provide guarantees about accessibility, non-violation, or suitability for a specific purpose of the Platform or its content and freely disposes of the production and updating of the content allocated on its Platform.
No customizations or personalizations will be made on the Platform.
PM3, despite always working to ensure that the Platform is constantly improving, does not make any representation, nor does it give any guarantee about the reliability, timeliness, quality, adequacy, or availability of any services or functionalities related to the use of the Platform, nor that the Platform will be uninterrupted, free of errors or any other malicious software or codes that may have contaminating or destructive properties.
Limitation of Liability
PM3 shall not be held liable for any damage, including, but not limited to, direct, indirect, consequential damage, loss of profits, for the loss of a chance, reflex, and/or moral related to, associated with, or arising out of access to, the use of, the inability to use, reliance on, or any cyber attack or hacking into the Platform, even though PM3 was alerted to the possibility of this damage.
The Alumni acknowledges that the above demonstrates the allocation of risks agreed between the parties and that PM3 would not enter into these Terms and Conditions of Use or make the Platform available to the Alumni without these limitations of liability. This limitation of liability applies regardless of whether or not any remedy provided herein serves its basic purpose.
Deactivation, Suspension, Termination of Alumni Account
PM3 may, in its sole discretion and at any time, deactivate, suspend, or delete an Alumni Account or otherwise invalidate an Alumni's access to the Platform if it deems, in its sole discretion, that there are indications that the Alumni:
infringed intellectual property rights;
made available, uploaded, or transmitted Unauthorized Information on the Platform; and/or
violated or acted inconsistently with these Terms and Conditions of Use or the Privacy Policy.
PM3 may terminate these Terms and Conditions of Use at any time and without prior notice or notification if any of the above hypotheses occur or if it has any suspicion of practicing an act of corruption or any act that violates PM3's integrity policy, as well as the anti-corruption laws of Brazil or other countries, if applicable.
Any deactivation, suspension, or deletion of an Alumni Account may be carried out preventively by PM3, without prior notification, without PM3 being in any way responsible for such deactivation, suspension, or exclusion, and deactivations and suspensions will be maintained for the period necessary for PM3 to be able to evaluate the Alumni's conduct on the Platform and verify if any of its rules have been violated.
If the Alumni or PM3, per the provisions herein, deletes the Alumni Account or these Terms and Conditions of Use are terminated for any reason, PM3 may continue to process the Alumni Data, as well as any other personal data related to the Alumni, provided that such processing is necessary for PM3 to comply with a legal or regulatory obligation. under the terms of the Privacy Policy.
The termination of the Alumni Account or the extinction, for any reason, of these Terms and Conditions, will automatically revoke all licenses and authorizations granted herein by PM3 to the Alumni, who will no longer be able to use the Platform for any purposes. All provisions of these Terms and Conditions relating to the protection and restriction of the use of PM3's intellectual property rights shall remain in force even after the termination of the Alumni Account or the termination of these Terms and Conditions of Use.
Term and Termination of Contract
These Terms and Conditions of Use will be in force for 12 (twelve) months from the date of contracting.
The Alumni who have personally and individually hired a Course may cancel such hiring within 7 (seven) days after the date of acquisition, in which case he will be entitled to full reimbursement of the amounts that he or she may have already paid due to the contract to be canceled.
After 7 (seven) days, the cancellation will only be valid after the expiration of the 12 months of the validity of the contracted Course, and no amount related to the payment will be refunded. There will also be no interruption of future installments or refund of amounts referring to the remaining period of use.
In the case of PM3 Sprints, upon cancellation request within or after 7 days, automatic renewal will not take place.
Acceptance of cancellations or refunds outside of the Terms set out herein in any other period does not oblige PM3 to adopt the same practice in future cases.
Force Majeure Events
Neither party shall be deemed to be in default against the other if the delay or breach of contract arises from an event the effects of which the affected party could not foresee, avoid, or prevent ("Force Majeure Events"), provided that the affected party notifies the other party of such Force Majeure Event and uses its best efforts to avoid and/or mitigate its effects on the obligations assumed hereunder
That is, neither the company nor the Alumni will owe each other anything if something happens that no one could have predicted.
General Provisions
PM3 may transfer or assign part of its rights free of charge or delegate its obligations per these Terms and Conditions of Use. The Alumni may not transfer or assign any part of its rights or delegate the obligations outlined in these Terms and Conditions of Use without the prior written consent of PM3.
The non-exercise, by the parties, of rights guaranteed by law or by these Terms and Conditions of Use, as well as the tolerance of one party with the other, concerning any violation or non-compliance with any obligations herein assumed, will not be considered as a waiver, novation or forgiveness, constituting mere liberality and the clauses of these Terms and Conditions of Use remaining in full force and effect, in the manner provided herein
If any clause or condition of these Terms and Conditions of Use is found to be illegal, invalid or unenforceable under Brazilian law, the remaining clauses and conditions shall continue in full force and effect. If the aforementioned illegality, invalidity, or unenforceability is temporary, the affected provision will have its effects suspended until the moment the conflict with Brazilian law ceases. If the aforementioned illegality, invalidity, or unenforceability is permanent, the parties, by mutual agreement, will stipulate a new provision that replaces the previous one and preserves the content of these Terms and Conditions of Use.
The clauses and conditions of these Terms and Conditions of Use oblige the parties, their heirs, and successors for all rights, obligations, and responsibilities contained therein.
In the event of the occurrence of government measures that prevent or excessively burden the fulfillment of the obligations set forth herein, as well as any other fact beyond the control of the parties, they will seek to negotiate to maintain the economic balance of these Terms and Conditions of Use. These Terms and Conditions of Use shall be governed by and construed per the Brazilian legislation in force.
The parties elect the Court of the District of São Paulo, State of São Paulo, Brazil, to settle disputes arising from these Terms and Conditions of Use.
Contact
If You have any questions about these Terms and Conditions of Use, please contact PM3 through the channels below:
OFFICE HOURS
Monday to Friday from 9:00 am to 6:00 pm. (GMT-3)
