Last modified: 10/20/2022

PLATFORM TERMS OF USE

Welcome to Luby. Thank you for using our content sharing platform. By using the platform, you are agreeing to these terms. Read them carefully.

HOW TO USE OUR SERVICES

You are required to follow the policies made available to you within Luby. Do not misuse our Services. For example, please do not interfere with our Services or attempt to access them by a method other than the interface and instructions we provide. You may use our services only as permitted by law, including export and re-export control regulations. We may suspend or stop providing our Services if you fail to comply with our terms or policies or if we are investigating suspected misconduct.

Your use of our Services does not give you ownership of any intellectual property rights in our Services or the content you access. These terms do not give you the right to use any brands, content or logos used on our Services. Do not remove, obscure or alter any legal notices displayed on or alongside our Services. Our Services display some content that is not designed or provided by Luby. These contents are the sole responsibility of the entity and users who make them available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But this does not necessarily mean that we will review all content, so please do not assume that we will, and Luby will not be held responsible for the content shared.

In connection with your use of the Services, we may send you service announcements, administrative messages and other information. You can opt out of these communications at any time. Some of our Services are available on mobile devices. You must not use such Services in a way that distracts you or prevents you from complying with traffic or safety laws.

YOUR ACCOUNT

To use any of our Services, you need to create an Account through account registration on the platform, being necessary to inform, among other data, e-mail address and personal and non-transferable password, or through access through social networks or platforms already logged into your computer, such as Facebook, Gmail, etc. The registration authorizes the sending of platform updates.

The USER is solely responsible, for all purposes, for the operations carried out on its account. To protect your Account, you must keep your password confidential or log out after each session. The activity carried out on or through the Account is the responsibility of the user. We do not recommend that the Account password be reused on third-party applications or public computers. If you become aware of unauthorized use of your password or Account, you must notify Luby for immediate cancellation.

CONSENT AUTOMATIC RENEWAL

For the total convenience of the user, the subscription carried out by means of the credit card constitutes a subscription contract that is renewable monthly for an indefinite period, with MONTHLY CHARGES carried out automatically on the indicated credit card, until the user cancels it – in which case all future charges will cease and the user will lose access to the platform.

COPYRIGHT

By using our Services, you agree to respect our privacy policies. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers. We provide information to help copyright holders manage their intellectual property online. If you understand that someone is violating your copyright and you want to notify us, you must notify Luby at marketing@luby.com.br.

CONTENT IN OUR SERVICES – AUTHOR LICENSE

Some of our Services allow you to upload, submit, store, send, publish or receive content. When you upload, submit, store, send, publish or receive content on or through our Services, you grant Luby (and those we work with) a worldwide, no-charge license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations, or other changes we make to make your content better suited to users’ needs), communicate, publish, publicly perform and display, and distribute such content.

This license allows Luby to use its content commercially to attract users, which may reflect financial benefits to Luby through advertising, selling subscriptions, charging for specific resources such as viewing or downloading its content in different formats, among others. forms of compensation that Luby deems appropriate, without you being entitled to any compensation, and continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided for that Service. In addition, in some of our Services, there are terms or settings that restrict the scope of our use of content submitted on those Services.

Please ensure that you have the necessary rights to license any content you submit to our Services to us. By making your content available, you expressly agree to the wide dissemination and use by Luby users, without any financial consideration, granting Luby a perpetual, unrestricted and irrevocable, internationally valid, royalty-free license to use, distribute, display, modify, edit, perform, sell, reproduce, publish, adapt, translate and create other texts derived from your content in any type and format, media or technology. In this regard, it is up to the account holder to register his personal data correctly, in particular to declare that the content made available is his Authorship, being fully responsible for actions and reports of plagiarism. Any information available on Luby is automatically extracted from various sources on the internet or is published on Luby by its users, who do not maintain any kind of link with the platform.

OPERATION OF THE PLATFORM

Luby will not be liable under any circumstances for any interruptions caused by the website hosting service or maintenance, power outages or the communication system, unforeseeable circumstances or force majeure.

USE OF THIS CONTENT

All content made available on Luby, authored by the Luby team or users, can be used solely and exclusively for professional purposes in the exercise of Law (use in the procedural scope), being expressly PROHIBITED the reproduction or storage in a database of the content of this page in any media, electronic or printed, without written authorization from the author.

The material posted on this platform is about references made available by the Luby team or by the users themselves, not exhausting the subject, on the contrary, it only serves as a route for the legal professional to be oriented. Therefore, it must certify about the validity of the indicated norms, adequacy of the jurisprudence as well as about the correct applicability of the material to the specific case.

USE RESTRICTIONS

Who can use the platform: any and all access to the contents of this platform must be made exclusively by real people, whether free or paid. Access to the content by robots or any other automated or semi-automated method is prohibited. Access to the platform through anonymous VPNs or from sources not consistent with human activity (eg data centers, etc.) is prohibited. Only one registration is allowed per natural person or entity, and this registration must be made, paid, accessed and managed by the person or legal guardian of the entity. A person cannot have a registration as an individual and another as a legal entity, even if he is legally responsible for such entity. By accepting these terms, you authorize the contact by the Luby team to certify this information.

Dual accounts belonging to the same person, use of false, incomplete or third-party data, use of VPNs, content blockers, plugins that change the basic functionality of the platform, behaviors or access from sources outside the normal human standard, or with mechanized access, will be suspended, which may lead to exclusion and banishment of the user from the platform.

User ID. Each registered natural person must uniquely identify himself using:

Your real and full name and correct date of birth, as shown in your CPF record.

Your professional email or that is used for professional contacts. Temporary e-mails created for the specific purpose of registering on the site or for non-personal use will not be accepted under any circumstances. E-mails from domains whose ownership is not identifiable or whose website does not exist or used solely to create mailboxes will also not be accepted.

Your complete and current business or residential address.

Failure to comply with the above rules jeopardizes the integrity of our services and may result in the user being blocked and/or banned from the platform.

For what purpose can the platform be used. Accesses, consultations, copies and downloads of any content on the website, whether free of charge or paid, must be made exclusively with the aim of exercising the activity of a duly qualified lawyer or professional in real and concrete cases with the end customer or directly with the body/entity/person of final destination of the documents. It is forbidden to use the platform to create parallel petition banks, whether private, shared, public, paid or free. All services and content must be used exclusively for the direct and immediate practice of each case, and the long-term storage of the content is prohibited.

How often the platform can be used. Each user has a daily or weekly limit of petitions that can be downloaded. To ensure the security, stability, performance and purpose of using our services, we may limit the number and frequency with which each user can access or download petitions per hour, without in any way impairing the total daily limit contracted by the user. . We may also limit how often each user accesses other pages on the system, including but not limited to: case law inquiries, legislation, news and articles.

Non-compliance. Any activity carried out not consistent with such premises may be blocked and the user banned from the system.

CHANGES TO THE PLATFORM

We are constantly changing and improving our Services. We may add or remove functionality or features and we may suspend or terminate a Service altogether. You may stop using our Services at any time. Luby may also stop providing the Services, add or create new limits to our Services at any time. We believe that you own your data and that it is important to preserve your access to that data.

OUR WARRANTIES AND DISCLAIMERS

We provide our Services using a commercially reasonable level of skill and care, and we hope that you enjoy their use. But there are some things we don’t promise about our Services. Except as expressly provided in these terms or in additional terms, neither Luby nor its suppliers or distributors make any guarantees about the services or their continuity. For example, we are not responsible for the content in the services, for specific functionality of the service, or for the reliability, availability or ability to meet your needs. We provide the services “as is”.

Luby and its users will not be liable for lost profits, lost revenue, lost data, financial loss or indirect, special, consequential, exemplary or punitive damages. The models available on Luby are only a suggestion for the content to be prepared by the qualified professional, respecting their peculiarities. The legislation, jurisprudence and doctrine cited in this database are used only by way of example, being the full responsibility of those who use it.

ETHICAL AND COMPLIANCE POSTURE

Under no circumstances are the materials compiled and made available on this platform by professionals or students intended or intended to replace professionals qualified to exercise the profession. Therefore, they do not serve to guide, advise or replace the exclusive attributes of Lawyers. None of the data collected, made available or published by users will be used to attract customers for the Luby Team. Any and all disclosure of the material will be previously authorized by the Author, reviewed by the team and disseminated among registered users. Any charges will be made solely for system support maintenance.

PLANS AND CONSUMPTION

Luby does not undertake to adapt the plans, functionalities or tools of its services to meet specific objectives or achieve results defined by the USER. Luby’s features and tools available to the USER are linked to their service registration account and are non-transferable.

The models existing on the platform are previously known to the USER, and no other part may be required regardless of the subject.

No grace period applies to the plans. The USER is entitled to change the plan to which he subscribes at any time during the term of the relationship. a) In the event that the USER chooses to subscribe to a plan with a value higher than the plan in force at the time of the change, the availability of the tools and functionalities of the new plan is immediate; b) In the event that the USER chooses to subscribe to a plan with a value lower than the plan in force at the time of the change, the availability of tools and functionalities will remain unchanged until the end of the current billing cycle. The features and tools of the new contracted plan will be available from the beginning of the next billing cycle. Once plans or packages have been changed, a new change will only be possible: (i) to a higher value plan; (ii) when the current billing cycle is completed.

The functionalities, Luby tools and consumption limits available to the USER are not cumulative and are reset each day. Plans and packages are not cumulative; only one plan can be contracted for each account registered on the platforms operated by Luby. Subscription plans are for an indefinite period and may be terminated unilaterally without consent or indemnification by either party. In addition to the modifications or changes mentioned in the previous item, Luby also reserves the right to unilaterally readjust the values ​​of new packages or plans.

The provision of the service is subject to the acceptance, by the USER, of the terms of use of Luby. If you do not agree with any changes or modifications in this instrument or in any other term or policy of the services operated or maintained by Luby, the USER may choose to interrupt the provision of the service without reimbursement of amounts that have already been paid.

BILLING AND PAYMENTS

The provisions of this section govern payments, refunds and other transactions carried out between the parties arising from the contracting, use and payment. Only payments made through the means chosen by Luby for this purpose will be accepted, transactions carried out by other methods being void. The USER may choose any of the indicated payment methods at any time during the term of the relationship. The charge by credit card will take the form of indivisible cycles of 30 (thirty) days from the date of contracting; the expiration day will always coincide with the anniversary in cycles of 30 (thirty) days of the contract.

In the event of cancellation of the service by the USER, the availability of tools and functionalities will last until the end of the cycle. If the USER provides credit card information for the payment of amounts for the use of Luby, the USER represents and guarantees that he is authorized to provide such information and hereby authorizes Luby to use this data to charge the respective credit card. payment of amounts due.

VALUES AND ADJUSTMENTS

Luby may charge for access to specific features (PRO). These values, when in the form of subscriptions with recurring billing, may be readjusted according to the variation of the IGPM without prior notice to users.

If for any reason Luby needs to make price adjustments due to increases in operating costs, tax variations, implementation of new features and/or other relevant reasons, all users will be notified by email at least 30 days in advance. , so that they are aware of the changes and, if they wish, can cancel their subscriptions in a timely manner. All users who do not cancel their subscriptions after notification will have their subscriptions automatically reset after 30 days.

NON-COMPLIANCE WITH THESE TERMS

If any of the items present in these terms is not fulfilled by an individual, company, device, email, domain or IP, we reserve the right of immediate, compulsory and without prior notice cancellation of the provision of services, whether of a paid or free, as well as blocking access from the individual, company, device, domain, email, IP or any other source directly or indirectly linked to you, temporarily or permanently.

It is the user’s responsibility to comply with all clauses agreed in these terms to avoid canceling or blocking the service.

ABOUT THESE TERMS

If you do not agree to the amended terms of a Service, you must discontinue using that Service.

In the event of a conflict between these terms and the additional terms, the additional terms will prevail with respect to that conflict. These terms govern the relationship between Luby and you. They do not create any rights for third parties. If you do not comply with these terms and we do not take immediate action, this does not mean that we are waiving any rights we may have (such as taking future action). If a specific condition of these terms is not enforceable, this will not affect any other terms.

VIOLATIONS TO THE TERMS OF USE

The USER may only access the products and services for lawful purposes. The USER is fully responsible for knowing and adhering to any and all laws, regulations and rules pertaining to the use of the products and services covered by this term. If the contractual termination is due to non-compliance or violation by the USER of the provisions of this term, as well as non-compliance or violation of applicable law, there will be no refund of amounts already paid.

The USER may not reproduce, distribute, transmit, display, sell, license, dispose of in any way or exploit any content accessed on Luby for any purpose, whether onerous or not. At

In the event of any action, whether judicial or not, taken by third parties against Luby due to any content posted, published or otherwise made available by the USER on the services, Luby may take such action against the USER.

Any attempt to circumvent the rules of this term, such as, but not limited to, the use of false or incomplete registration information, the use of plugins or debug tools or source code inspection, attempt to reverse engineer or alter the source code, use of tools or plugins that modify the standard functionality of the browser or website, use of automated or semi-automated access tools, attempts to copy, print, access, export or use the services differently from the functionalities already provided by the system or identification of repetitive usage patterns that may signal use outside the normal pattern of the platform, constitute threats to these terms of use and sufficient reasons for definitive exclusion and banishment of the user from the platform and/or implementation of limitations of resources that the user has access to. on the platform, both paid and free plans.

The use of the platform in patterns other than the purposes of direct petition in a specific case (such as, but not limited to, downloading or searching for models in a pattern not consistent with the existence of a specific case for its use) constitutes a violation of these terms of use and sufficient reasons for definitive exclusion and banishment of the user from the platform and/or implementation of limitations of resources that the user has access to on the platform, both for paid and free plans.

We may contact you to request additional information about your registration, in order to ensure the integrity of the platform. Failure to comply with such request or the provision of false or incomplete information constitutes a violation of the terms of use and will result in immediate and definitive cancellation of the contract, whether free or paid, and banishment of the user from the platform indefinitely and without prior notice.

Luby registers all its intellectual works regularly in the relevant copyright protection media. The act of sharing, publishing, selling or distributing a model to third parties outside the situations provided for in these Terms of Use constitutes a crime of piracy comfort Art. 184 of the Penal Code and violation of Law 9,610 of 1998 (Copyright Law).

FINAL DISPOSITIONS

Luby may change these terms at any time, without prior notice.

Luby is not responsible for: (i) the availability or accuracy of models or features expected by the user, and; (ii) the content, products or services contained on or made available on such sites or resources.

Luby does not check the data or content entered by the USER, it is up to the USER to verify the regularity of this information with the competent bodies, as well as other sources that may serve as a means of attesting to the veracity and copyright of the same. In this case, Luby reserves the right to terminate the subscription in the event of knowledge of the falsity or bad faith employed by the USER, and may prevent its subsequent return to the services offered, without the right to any type of compensation. The termination will be previously communicated to the USER.

UNDER NO EVENT will legal advice be provided, clarifications about the content of any publications made available on Luby. Luby will not provide any legal advisory and/or consultancy services. All contact between the USER and Luby through the channels for this purpose will be solely and exclusively intended to answer requests or technical questions about the use and operation of the service in question. Luby does not use the personal data of its Users for commercial purposes, that is, the stored data are not made available to third parties, either free of charge or for a fee.

Although Luby pursues perfection and excellence in the services it provides, it cannot guarantee:

(i) that will meet specific expectations or results,
(ii) that is tamper-proof, tamper-proof or error-proof,
(iii) that any errors detected will be resolved, or
(iv) that the resolution will conform to any expectations of the USER;
(v) that the models are up to date or in accordance with prevailing jurisprudence.

Luby will not be held responsible for any damage that may occur as a result of alteration, suspension or temporary discontinuation of any of its services.

The parties hereby elect the forum of São Paulo to settle any dispute regarding the use of the services of this platform.

BY REGISTERING ON THE PLATFORM, THE USER DECLARES HAVING READ AND UNDERSTOOD THE TERMS AND PROVISIONS OF THIS USE AGREEMENT AND THAT HE IS AWARE OF ITS ENTIRE CONTENTS, ACCEPTING ALL ITS CONDITIONS.

HOW TO CONTACT US:
contato@luby.com.br