Effective from May 28, 2020
Hello. Welcome to the terms and conditions for using Obvia Edutech's digital platform, website
and application ("Terms"). These Terms govern your use of Obvia's services.
Important: the contents of Obvia Edutech, including all features and functionalities, can be
found on website and/or on the interfaces of the user, as well as all the books and software
associated with the service.
1 - Introduction
1.1. Obvia Edutech provides a service of subscription that allows our subscribers to access the
content of digital books of the Obvia teaching method, without permanent assignment, and for
the time of hiring agreeded upon, as well as to access the site with several features of class,
student and teacher management. When you purchase a plan from Obvia Edutech and accept
the Terms and Conditions of Use and the Privacy Policy, you automatically enter into a binding
contract with the legal entity Obvia Editora Ltda.
1.2. Your contract with us includes these Terms and any additional terms that you agree to
through acceptance or any other mechanism. Thus, you certify that you have read and
understood the Terms, accept and agree to be bound by them. If you do not agree or cannot
comply with them, then you will not be able to use the service provided by Obvia Edutech or
access any book or material.
1.3. Here you will have the conditions relating to: a) future changes to the Terms and
Agreements; b) export controls; c) automatic renewals; d) limitations of liability, privacy; e)
waiver of collective actions; f) resolution of disputes by arbitration instead of a common court.
1.4. Whenever you need to review or read the latest version of the Terms, Policy and Privacy
and Agreements, all you need to do is access the Obvia Edutech website.
1.5. To use Obvia Edutech's services and access any content, you need:
a) to have the power to enter into a binding contract with us and not be prevented from
doing so by the laws applicable in your country;
b) to reside in a country where internet services are available;
c) to respect the rules and conditions established for the Copyright involved in the services
provision and content of books and materials;
d) to declare as true, accurate and complete all information that you register or send to
Obvia Edutech, agreeing to keep it that way at all times while your subscription is active.
2 - Subscription
2.1 Your subscription with Obvia Edutech will remain active until it is canceled.
2.2. To access Obvia's services, you will need to have access to the internet and a device
(computer, notebook, tablet, cell phone) compatible with the platform (website, application and
other supports), as well as providing one or more Payment Methods at the time of subscription
purchase (see item dealing with the Conditions and Payment Method in this document).
2.3. We offer different subscription plans and there may be opportune promotional campaigns or
promotional plans. It is up to the subscriber to choose the plan of interest at the time of
purchase directly on the Obvia Edutech website.
2.4. In the area of the user you can afterwards access the plan and the conditions contracted,
the term of validity and make an upgrade of the plan, if it is to your interest. Opting for the
upgrade - change of plan, the difference in values between the plans will be charged using the
form of payment already registered.
3 - Conditions and Payment Method, cancellations and retraction
3.1. "Form of Payment" refers to one (1) form of payment which is current, valid and acceptable
and may be updated periodically by the subscriber.
3.2. Obvia Edutech will charge you in advance (prepaid period) and monthly the price of your
plan subscription for the prepaid use cycle, according to your chosen form of payment. To
consult the price of the subscription your plan, the end date of the plan and the period of the
paid cycle, visit the Obvia Edutech website and access the user area.
3.3. Here, you expressly authorize us to charge the subscription fee for the contracted plan for
the next cycle using the registered Payment Method, as well as the termination penalty, if you
cancel the plan before its term ends. If credit card is used as a form of payment, we inform you
that its data will not be saved on our platform or website, the payment being processed by third
parties, who are expressly authorized to carry out the transaction.
3.4. Obvia Edutech, from time to time, may adjust the plan values, change the price, institute
recurring fees, change the Terms, Privacy Policy and others, for periods not yet paid, being
certain that you will be notified of any changes to price in advance and, if applicable, what you
should do to accept the changes in question.
3.5. Price changes will take effect only at the beginning of the next subscription period or term
of the plan, after the date of the price change. You will be subject to the applicable legislation,
and you must accept the new price to continue using Obvia Edutech's services and books, after
the price change takes effect. If you do not agree with the price change, you have the right to
reject the change by canceling your plan / subscription before the price change takes effect.
3.6. As the payment is made in advance, if you cancel, you can continue using the services until
the end of the cycle already paid. The cancellation must be requested by e-
mail:contact@obvia.io - containing in the subject of the e-mail “Cancellation”.
3.7. You will have a period of cancellation of 7 (seven) days from the day you accepted to
cancel your plan without penalty and with a refund of the amount already paid. After this period,
if cancellation is effected , the cycle already paid for can be used normally until expiration and if
requested cancellation of the plan before the end of the term contracted (monthly, quarterly,
biannual or annual) there will incur a termination penalty of 20% of the remaining ( maturities)
installments, which will be charged according to the registered payment method.
3.8. Should refund of amounts be necessary, which will only occur if the cancellation is made
during the cancellation / repentance period, it will occur in the same form and conditions as
those in which the payment was made (in cash or in installments). If the subscriber carries out
the acquisition of quarterly, biannual or annual plan performing cash payment, in case of
cancellation, the amount will not be refunded even if the subscriber chooses not to use the
services that will be available for a hired period.
3.9. In the event of default, for any reason, the subscription will be automatically canceled after
30 (thirty) days without due settlement of payment, without prejudice to the collection of late
charges and termination penalty.
4 - Renovation
4.1. Unless the cancellation occurs, your subscription plan will be automatically renewed, for the
same period at the end of the first contracted period. You will receive an email with the renewal
information 30 (thirty) days before the end of the term.
5 - Copyright
5.1. The books and contents of the Obvia Edutech application, platform and website are the
property of Obvia Editora Ltda or its licensors. When hiring, we grant you a limited, non-
exclusive and revocable permission to use the books, services, content and materials, texts and
exercises to support the training on your platform. Since the copying, reproduction, storage,
prorating, assignment and transmission of any content is expressly prohibited, and it cannot be
passed on, reproduced, distributed, transmitted, disseminated, displayed, sold, licensed,
adapted or otherwise exploited for any purpose, without Obvia Edutech's prior express and
written consent, under penalty of infringement of intellectual property.
5.2. Thus, it is expressly prohibited to copy, redistribute, reproduce, "rip", record, transfer,
perform or display to the public, publicize or make available to the public, any part of Obvia
Edutech's content, books, teaching method or materials, as well as how to make any use of the
Content that is not expressly permitted by the Terms or by applicable law or which in any way
violates intellectual property rights (such as copyrights) relating to Obvia Edutech or the content
or any part thereof; use Obvia Edutech's platforms to import or copy any local files that you do
not have the right to import or copy in this way; transfer copies of cached content from an
authorized device to any other device through any medium; perform engineering reverse,
decompile, disassemble, modify or create derivative works of the platforms or services Obvia
Edutech, the content or any part thereof except to the extent permitted by applicable law;
circumvent any technology used by Obvia Edutech, its licensors or third parties to protect the
content, teaching method or service; sell, rent, sublicense or lease any part of the contents,
books and materials; remove or change any copyright, trademark or other intellectual property
contained in the content or service (including the purpose of concealing or changing any
indication of the ownership or source of any Content); provide your password to anyone else to
use the username and password of any other person; perform "crawling" the Obvia Edutech or
otherwise use any automated means (including bots, scrapers and spiders) to view, access or
collect information from Obvia Edutech or its services, content, books and materials, which may
violate the rights of Obvia Edutech or third parties.
5.3. Unauthorized reproduction, in whole or in part, of any and all content made available by
Obvia Edutech on its access platforms (website, application, etc.) is considered counterfeiting.
5.4. When verifying that its content or that of its licensors has been fraudulently reproduced,
disseminated, used, marketed or acquired, Obvia Edutech may request the suspension of
disclosure by the person responsible, without prejudice to the adoption of injunctive, indemnity
and repressive measures, in the civil and criminal context.
5.5. If the content made available by Obvia Edutech is improperly reproduced and or used in
applications, websites, social networks and the like, it will be up to the person responsible for
counterfeiting and or plagiarism to indemnify Obvia Edutech, under the terms of the applicable
5.6. All trademarks, trade names, logos, Obvia Edutech domain names and any other
characteristics of the brand, are the exclusive property of Obvia Edutech or its licensors and
partners, and as such do not give you any rights to use the brand or its features in a
commercial or non – commercial manner, without the prior written consent of Obvia Edutech.
5.7. Third-party software made available in the provision of Obvia Edutech services is allocated
to you strictly in accordance with the licenses acquired from Obvia Edutech, and Obvia has no
responsibility for the presence of errors, bugs or for the compatibility of such software with the
devices of the subscribers.
6 - Content generated and fed by the subscriber
6.1. In the user area, the subscriber will be able to manage his / her entire account / plan with
Obvia Edutech. There, he / she can include classes, students and teacher registrations, class-
specific information, access to exercises and other important features for managing and using
the subscription.
6.2. Student and teacher registration:
a) When registering the student or teacher in the user area, you must enter his personal
data (name, id, address, phone and e-mail);
b) The subscriber may register up to the total number of students or teachers available for
your plan;
c) After completing the registration, the student or teacher will receive an email with the
login and password for access;
d) The subscriber will be able to insert and remove students and teachers from the
management area at any time, limited to the number of content availability licenses
6.3. Obvia Edutech can, but does not have an obligation to monitor, review or edit the content
inserted by the user, when it is found that this content violates the Terms and the current
legislation. In all cases, Obvia Edutech reserves the right to remove or disable access to any
user content, for any reason, which, at the sole discretion of Obvia Edutech, violates the agreed
terms. Obvia Edutech may take these actions without notice to you or any third party.
6.4. The passwords and logins of the subscriber, as well as of teachers and students is
confidential and for that person only. In order to protect the user, and to this end all the users
should keep their logins and passwords in secret and secure. If you need to change the
password or login, you must enter in contact with Obvia Edutech immediately.
7 - Assigned Rights
7.1. If you provide feedback, ideas or suggestions to Obvia Edutech related to services,
materials, books, teaching method, you recognize that the feedback is not confidential and you
authorize Obvia Edutech to use that feedback without restrictions, without obtaining copyright
or intellectual property and no payments to you. We consider feedback to be a type of user
generated content.
8 - Service Limitations and Modifications
8.1. Obvia Edutech will use reasonable efforts to keep its service and platform operational.
However, certain technical difficulties, maintenance, testing or necessary updates to reflect
relevant changes in legislation and regulatory requirements, may, from time to time, result in
temporary interruptions. Obvia Edutech reserves the right, periodically and at any time, to
modify or discontinue, temporarily or permanently, functions and resources, with prior notice
whenever possible, without incurring liability to you, except when prohibited by law, for valid
reasons, as in the case of genuine interruption, modification or discontinuation of the services
provided by it or any function or feature thereof, or the need to repair, maintain or improve
existing functions or features, or to add new features or resources to the service, or to
implement scientific and technological advances or to guarantee the operability or security of
the service, all for legal and regulatory reasons.
8.2. If the services are interrupted for more than one day, the suspended or interrupted period
will be added to the end of the period contracted by the subscriber.
8.3. Obvia Edutech reserves the right, from time to time, to remove or change any content
without prior notice.
9 - Warranty notice
9.1. Obvia Edutech believes in the potential and the effectiveness of its method of teaching and
of its books, content and materials. However it does not guarantee the success or learning of
the subscriber or student. The subscriber has to be aware that learning involves other elements
besides books and teaching method, such as teacher training, correct application of method
procedures and steps, performance monitoring, among other aspects.
9.2. Furthermore, you understand and agree that the service, materials, content and books are
provided “in their existing state” and “as available”, without any expressed or implied
guarantees or conditions of satisfactory quality, commerciality or other, thus, Obvia Edutech is
exempt from any responsibility.
10 - Obvia Rewards (Rewards Program)
10.1. Obvia Edutech strongly believes in its customers and partners, so it has created a Rewards
Program - Obvia Rewards. This program is based on referrals, a current customer of Obvia is
rewarded when referring a new client, as long as that client has an educational institution with
several students. The program does not cover the indication of individual students by another
student using the Obvia Method application.
10.2. The program gives a commission of 5% (five percent) to the indicator on subscription
sales of the Obvia Method to the client indicated by him / her (level 1). Besides this, Obvia
commissions the first indicator in 5% (five per cent) on the subscription sales of Obvia Method
we perform for a client that the referee indicates (level 2).
10.3. The commission is valid as long as the referral is active with your plan, that is, if the plan
is canceled by the referral, the Rewards Program commission automatically ceases. Thus,
coming into effect the cancellation of the subscription plan by the indicator or as indicated, the
indicator automatically loses the right of receipt of any value relating to the Rewards Program.
10.4. The commission will be paid for the indicator, only while he / she is active with an Obvia
Edutech subscription plan, in the same form and conditions that Obvia Edutech receives from
the client (in cash, in installments, etc.) within a maximum period of 30 (thirty) days from the
actual receipt, as follows:
10.4.1. Primarily by reduction in the debts of the indicated with Obvia Edutech concerning
the plan for him / her contracted;
10.4.2. If the indicator has no debts with Obvia Edutech, the commission amount will be
used to settle / write off future installments/monthly fees. Having canceled the plan,
before using the following months and repaid the termination fine, the amount of the
commission obtained until the time of cancellation, will be paid in the manner described in
Section 10.4.3.
10.4.3. In the latter case, the indicator must designate a valid checking account of his /
her ownership, mandatorily, so as to carry out the bank transfer of the commission
amount. All charges (taxes, fees, bank transfer costs and others) with the transaction,
whether national or international, must be borne by the indicator. When possible, the
charges will be paid directly by the indicator/receiver of the commission, if this is not
possible the amount of the charges will be deducted from the amount to be transferred to
the indicator, with only the final net amount being transferred.
10.5. The fact that the indicator client participates in this program does not establish any kind of
bond with Obvia Edutech, especially with regard to employment, insurance or social security.
11 - Customer Support
11.1. For customer support with account and payment issues, please submit a ticket to our
Customer Service department using the contact form on our website. We will make every
reasonable effort to respond to all customer queries within a reasonable time, but we do not
promise that support queries to the client will be answered within the any period of time
determined and or that we will be able to resolve such queries.
12 - Export Control
12.1. Obvia Edutech products may be subject to the export and re-export laws of the Federative
Republic of Brazil or similar laws applicable in other jurisdictions.
13 - Term and Termination
13.1. The term of the subscription will meet the plan contracted and only be terminated if
cancellation is requested by you or Obvia Edutech.
13.2. We emphasize that you acknowledge and agree that the perpetual license granted by you
in relation to the user's content, including feedback, is irrevocable and will therefore continue
after the expiration or termination of any contract and relationship between the parties, for any
reason whatsoever occasioned the end there of.
13.3. Obvia Edutech may terminate the contracts or suspend your access to the services at any
time, including in the case of unauthorized, actual or suspected use of the service provided
and/or the content, non-compliance with the contracted Terms or in the case of removal of the
services and/or Content, in the last case, with due notice.
13.4. If you or Obvia Edutech terminate the Terms, or if your access to services is suspended,
you agree that Obvia Edutech will have no obligation or responsibility towards you, and that
Obvia Edutech does not refund any amounts that you already have paid, to the extent permitted
by applicable law. You can terminate your contract at any time. To find out how to close your
contract, please contact us at contact@obvia.io.
13.5. Further details are found in the cancellation section of this document.
13.6. It is worth mentioning that the rules regarding the abusive use or copyright of this
document, as well as any other rules and conditions of the Terms and Policies that, explicitly or
due to their nature, must remain in force, even after the termination of the contract or
relationship between the parties, will survive termination of contract.
14 - Third Party Rights
14.1. You acknowledge and agree that content owners and certain distributors (such as app
store providers) are beneficiaries of the Terms and agreements and have the right to enforce
these directly against you. Unlike what is provided for here, the agreements are not intended to
grant rights to anyone except you and Obvia Edutech, and in no case will the Terms or
agreements create any rights for third party beneficiaries. In addition, the rights to terminate,
revoke or agree to any variation, waiver, or settlement of the Agreements are not subject to the
authorization of any other person.
14.2. If you have downloaded the App from the App Store from Apple, Inc. ("Apple") or if you
are using the app on an iOS device, you acknowledge that you have read, understood and
agreed to the following notice about Apple. “This Agreement is celebrated only between you and
Obvia Edutech, not with Apple, and it is certain that Apple is not responsible for the Service or
its content. Apple is under no obligation to provide any maintenance and support services in
connection with the Service. In the event of any failure of the Service, in accordance with any
applicable warranty, then you can notify Apple and Apple will refund you for any applicable
purchase price for the Application; and, to the extent permitted by applicable law, Apple does
not have any other obligation of guarantee in relation to the Service. Apple is not responsible for
responding to any claims made by you or any third party relating to the Service or your
possession and/or use of the Service, including: (1) product liability actions; (2) any claim that
the Service is not in compliance with any applicable legal or regulatory requirement; and (3)
claims arising from the consumer protection law or similar legislation. Apple is not responsible
for the investigation, defense, settlement and discharge of any third party claim that the Service
and/or your possession and use of the application infringe the rights of ownership intellectual of
third party in question. You agree to comply with any applicable third party terms when using
the Service. Apple and the subsidiaries of Apple are the 3rd beneficiaries of this Agreement and,
by its acceptance of this Agreement, Apple will have the right (and will be deemed to have
accepted the right) to enforce this Agreement against you as a third party beneficiary of this
Agreement. You hereby represent and warrant that (1) you are not located in a country that is
subject to a US government embargo or that you have been designated by the US Government
as a country that "supports terrorists"; and (2) you are not listed on any Governmental list of
USA of prohibited or restricted parties.”
15 - Entire Agreement
15.1. The present Terms of Conditions of Use and Copyright Law, as well as the Policy of
Privacy and Data Table of Pricing and conditions and descriptions of plans are all agreed terms
and conditions between you and Obvia Edutech and supersede any prior agreements with
respect to the object of these Agreements, whether written or verbal.
16 - Interpretation of the provisions
16.1. Except as otherwise provided in the Terms, if any provision is considered void or
unenforceable for any reason or to any extent, such nullity or enforceability will not in any way
affect or render the other provisions of the Terms, Policies or Agreements invalid or
unenforceable. The application of the provision in question must be applied to the maximum
extent permitted by law.
16.2. Any failure by Obvia Edutech or any third party beneficiary to enforce the Terms or any of
its provisions will not waive the right of Obvia Edutech or the respective third party beneficiary
to do so.
17 - Assignment
17.1. Obvia Edutech may assign the Terms and Agreements and any of its rights in whole or in
part to third parties. Obvia Edutech may delegate any of its obligations to third parties. You may
not assign the Terms and Agreements, in whole or in part, or transfer or sublicense your rights,
to any third party.
18 - Indemnity
18.1. You agree to indemnify and hold Obvia Edutech harmless against all the damages, losses
and expenses of any kind (including reasonable costs and attorneys' fees) arising out of or
related to: (1) violation, on his part, the Terms or any agreed deal with Obvia Edutech; (2)
breach, on his part, of any law, copyright or third party rights.
19 - Election of the forum, mandatory arbitration and court
19.1. These Terms of Use must be governed by and interpreted in accordance with Brazilian
19.2. Also, you and Obvia Edutech agree with resignation of others, however privileged they
may be, in electing as forum for processing and resolution of any issue arising from this
contract, the Arbitration Institution called CAESP - Council Arbitration of the State of São Paulo -
Brazil, which will be responsible for deciding the issue by instituting arbitration in accordance
with the procedures provided for in its regulations, whose rules the parties declare in advance to
know, agree and integrate this instrument, and which are available on the website
19.3. Both you or us can start the arbitration process. Any arbitration between you and Obvia
Edutech will be settled according to the Arbitration Rules of CAESP - Council of Arbitration of the
State of São Paulo - Brazil that are available on site www.caesp.org.br.
20 - Resignation of class action
21.1. When permitted by law applicable, you and Obvia Edutech agree that each one can move
actions against the other only in their individual capacity and not as one author or a member of
one class in any action collective or representative. Unless you and Obvia Edutech agree, no
arbitrator or judge may consolidate claims of more than one person or preside over any form of
representative process or class.
21 - Contact Us
21.1. If you have any questions about the services, plans or terms, please contact our Customer
Service Department at contact@obvia.io.
22 - General Provisions
22.1. No device present here affects your legal rights as a consumer.
22.2. Occasionally, we may make changes to the Terms for valid reasons, such as improving the
functions or features existing or add new functions or features to the service, implement
scientific and technological advances, and reasonable technical adjustments, ensuring the
operability or security, for legal reasons or regulatory requirements. When we make material
changes to the Terms, we will give you a warning according to the circumstances, for example,
displaying one prominent notification or seeking your confirmation within the service or by
sending an email to you. In some cases, we will notify you in advance and your continued use of
the service, after the changes have been made, will constitute your acceptance of the changes.
Therefore, please be sure to read any notification carefully. If you do not want to continue to
use the service under the new version of the Terms, you may terminate your subscription plan
by contacting us.
22.3. Contracted Company:
Obvia Editora Ltda
CNPJ / MF under No. 15.699.096 / 0001-03
Headquarters: 4175 Rondon Pacheco Avenue - Lídice, Uberlândia - Minas Gerais - Brazil.
Post Code: 38400-050