1. Contractual Relationship

These General Terms of Use ("Terms") govern Your access and use, as an individual ("You"), within Brazil, of the applications, websites, content, and services (the "Services") provided by BOX 24/7 Comércio e Serviços de Vending Ltda., a limited liability company established in Brazil, headquartered in the City of São Paulo, State of São Paulo, at Avenida Cardeal Santiago Luiz Capello, 782, Vila Ribeiro de Barros, CEP 05308-000, registered under CNPJ No. 30.397.503/0002-94 ("EXPRESSO BOX") or any of its Affiliates. For the purposes of these Terms, "Affiliate" refers to an entity that, directly or indirectly, controls, is controlled by, or is under common control with EXPRESSO BOX. "Control" means holding more than 50% (fifty percent) of the voting capital or other equity interest, or the majority of the voting rights of such entity, the ability of the entity to ensure that the activities and business of the Affiliate are conducted in accordance with the wishes of this entity, or the right of the entity to receive the majority of the profits of this Affiliate in case of distribution of all its income or the majority of its assets in case of dissolution.

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PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

By accessing and using the Services, you agree to these Terms, which establish the contractual relationship between you, as a user, and EXPRESSO BOX. If you do not agree to these Terms, you may not access or use the Services. Upon such access and use, these Terms immediately terminate, replace, and supersede all prior agreements, Terms, and arrangements between you and any Affiliate of EXPRESSO BOX. EXPRESSO BOX may immediately terminate these Terms or any Services concerning you or, generally, cease offering or deny access to the Services or any part thereof at any time and for any reason.

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Supplementary terms may apply to your use of the services, such as policies or terms of use related to certain features and functionalities, which may change at any time, terms of use and policies of EXPRESSO BOX stores, and conditions for a particular event, activity, or promotion may apply, and these supplementary terms will be disclosed concerning the respective Services ("Supplementary Terms"). Supplementary Terms are complementary and considered an integral part of these Terms for the purposes of the respective Services. Supplementary Terms will prevail over these Terms in case of a conflict concerning the said Services.

EXPRESSO BOX may change the Terms related to the Services at any time. Amendments will take effect when EXPRESSO BOX publishes the updated version of the Terms at this location or the updated conditions or Supplementary Terms on the respective Service. Your continued access or use of the Services after this publication represents Your consent to be bound by the amended Terms.

 

2. Services

The Services comprise electronic services provided by EXPRESSO BOX or an Affiliate via EXPRESSO BOX's digital technology platform, including mobile apps or EXPRESSO BOX's website (herein defined simply as "App"), or through third-party apps authorized by EXPRESSO BOX, offering on-demand intermediation and related services that allow you, via your mobile device, tablet, or computer, to request goods or products, make purchases of certain goods or products to be delivered to you, or request other services available on the App, to be provided by independent third-party providers of these services, including independent third-party suppliers, through a contract with EXPRESSO BOX or certain Affiliates of EXPRESSO BOX ("Independent Partners"). Unless otherwise agreed by EXPRESSO BOX in a separate written agreement with you or in Supplementary Terms, the Services are made available for your personal, non-commercial use.

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2.1. License

Subject to compliance with these Terms, EXPRESSO BOX grants you a limited, non-exclusive, non-sublicensable, revocable, and non-transferable license to: (i) access and use the Apps on your personal device, solely for your use of the Services; and (ii) access and use any content, information, and related materials that may be made available through the Services, in each case, for your personal, non-commercial use. Any rights not expressly granted by these Terms are reserved by EXPRESSO BOX and its licensing Affiliates.

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2.2. Restrictions

You may not: (i) remove any copyright, trademark, or other proprietary rights notices from any part of the Services; (ii) reproduce, modify, create derivative works based on, distribute, license, rent, sell, resell, transfer, display, broadcast, transmit, or otherwise exploit the Services, except as expressly permitted by EXPRESSO BOX; (iii) decompile, reverse engineer, or disassemble the Services, except as permitted by applicable law; (iv) link, mirror, or frame any part of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any part of the Services, or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

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2.3. Service Provision

Expresso Box's service consists of offering, through the website and the APP, registered USERS a range of products in an autonomous minimarket, delivery, and other services that may be made available, allowing USERS to make purchases, as well as serve themselves at the unit itself, grab'n go system and self-service, where the USER selects the products, registers them with their cell phone online or at the self-service kiosk, and makes the payment in a fast, secure, and practical way. For other delivery products or services offered, they will be delivered or made available according to the conditions offered at the time of purchase.

You acknowledge that the Services may be made available under different EXPRESSO BOX brands or different request options associated with product purchase or logistics services provided by Independent Partners, which may include distinct request brands.

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2.4. Ownership

The Services and all rights therein are and shall remain the property of EXPRESSO BOX or EXPRESSO BOX's Affiliates, or their respective licensors, as the case may be. These Terms and the use of the Services do not grant or convey to you any rights: (i) in or to the Services, except for the limited license granted above; or (ii) to use or reference in any manner EXPRESSO BOX's company names, logos, product and service names, trademarks or service marks, or those of EXPRESSO BOX's Affiliates or any of EXPRESSO BOX's licensors.

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3. Use of Services

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3.1. User Accounts and Personal Data

To use most of the Services, you must register and maintain a personal user account for the Services ("Account"). You must be at least 18 years old to purchase controlled products such as alcoholic beverages, which may limit access to such products. Users under the age of 18 may register and maintain an Account, provided they are duly represented or have obtained the consent of their legal guardian(s), as per the applicable registration procedure in each case.

Account registration requires EXPRESSO BOX to collect certain personal data, which may include your name, CPF, address, mobile phone number, and date of birth, as well as at least one valid payment method. You agree to maintain accurate, complete, and up-to-date information in your Account. If you do not maintain accurate, complete, and up-to-date information in your Account, including having an invalid or expired payment method, you may not be able to access or use the Services, or EXPRESSO BOX may terminate these Terms. You are responsible for all activities conducted through your Account and agree to maintain the security and confidentiality of your Account username and password at all times. Unless otherwise permitted by EXPRESSO BOX in writing, you may only possess one Account. Entering false data may be construed as ideological falsehood or digital embezzlement crime, where the user understands that if there is suspicion, EXPRESSO BOX may share the data with law enforcement authorities or with the primary contract holder of the location to validate information and address the occurrence.

The collection and processing of personal data by EXPRESSO BOX are done in accordance with EXPRESSO BOX's Privacy Notice, which can be consulted at www.expressobox.com.br

Let me know if you need further assistance!

 

3.2. User Conduct and Obligations

You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws, these Terms, and any applicable Supplementary Terms when using the Services and may only use the Services for legitimate purposes. You may not, when using the Services, cause nuisance, annoyance, inconvenience, or property damage to Independent Partners or any other third party or engage in any conduct that violates these Terms of Use and Services. In certain situations, you may be required to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or provide incorrect or invalid proof of identity.

At the sole discretion of EXPRESSO BOX, your account may be suspended or deactivated in case of violation of these Terms, Supplementary Terms, and/or any other terms, policies, or notices referred to in these Terms and/or posted on the EXPRESSO BOX website, including but not limited to cases of inability to make payments and/or financial pending issues with EXPRESSO BOX.  

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3.3. Messages

By creating an Account, and as set forth in the EXPRESSO BOX Privacy Notice, you agree that EXPRESSO BOX and its Affiliates may send you text messages (SMS) or WhatsApp messages (when the EXPRESSO BOX Service is accessed through this channel - subject to availability in your region) as part of the regular business operations for the use of the Services. You may opt out of receiving text messages (SMS) from EXPRESSO BOX and its Affiliates at any time by following the instructions provided at www.box247.com.br. You acknowledge that opting out of receiving text messages may impact your use of the Services.

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3.4. Promotional Codes

EXPRESSO BOX may, in its sole discretion, create promotional codes that may be redeemed for Account credit or other features or benefits related to the Services and/or services of Independent Partners, subject to any Supplementary Terms that EXPRESSO BOX may establish for each of the promotional codes ("Promotional Codes"). You agree that Promotional Codes: (i) must be used legally for the intended audience and purpose; (ii) may not be duplicated, sold, transferred, or made available to the public (whether posted to a public form or otherwise), unless expressly permitted by EXPRESSO BOX; (iii) may be disabled by EXPRESSO BOX at any time for legally legitimate reasons, without any liability to EXPRESSO BOX; (iv) may only be used in accordance with the specific terms that EXPRESSO BOX establishes for these Promotional Codes; (v) are not valid for cash; and (vi) may expire before use. EXPRESSO BOX reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promotional Codes by you or any other user if EXPRESSO BOX determines or believes that the use or redemption of the Promotional Codes was in error, fraudulent, illegal, or in violation of the terms applicable to the Promotional Codes, the Terms, or the Supplementary Terms.

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3.5. User-Provided Content

EXPRESSO BOX may, in its sole discretion, allow you or any person to submit, upload, publish, or otherwise make available to EXPRESSO BOX through the Services, content and information, including text, audio, or video content, such as comments and feedback related to the Services, support requests, and entries in contests and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to EXPRESSO BOX, you grant EXPRESSO BOX and its Affiliates a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works, distribute, publish, display, perform in public, and otherwise exploit such User Content in all formats and distribution channels now known or hereafter developed (including in connection with the Services and EXPRESSO BOX's business and on third-party sites and services), without further notice to or consent from you and without the need for payment to you or any other person or entity.

You represent and warrant that: (i) you are the sole and exclusive owner of all User Content or have all rights, licenses, consents, and releases necessary to grant EXPRESSO BOX the license to the User Content as stated above; and (ii) neither the User Content nor your submission, uploading, publishing, or otherwise making available of such User Content, nor EXPRESSO BOX's use of the User Content as permitted herein, will infringe, misappropriate, or violate a third party's intellectual property rights or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree not to provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by EXPRESSO BOX in its sole discretion, whether or not such material may be protected by law. EXPRESSO BOX may, but is not obligated to, review, monitor, or remove User Content, at EXPRESSO BOX's sole discretion, at any time and for any reason, without notice to you.

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3.6. Network Access and Devices

You are responsible for obtaining the necessary data network access to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device, and you will be responsible for such rates and fees. You are responsible for acquiring and updating the hardware and devices necessary to access and use the Services and Apps and any updates thereto. EXPRESSO BOX DOES NOT GUARANTEE THAT THE SERVICES, OR ANY PART THEREOF, WILL FUNCTION ON ANY PARTICULAR HARDWARE OR DEVICE. In addition, the Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.

 

4. Payment

you understand that the services, goods, or products you receive, contracted through the Services, may be charged (“Price”). After you have received services, goods, or products obtained through the use of the Service, EXPRESSO BOX will facilitate your payment of the respective Price through the payment methods available at the self-service kiosk or app.

The Price paid by you is final and non-refundable unless otherwise determined by EXPRESSO BOX. To the fullest extent permitted by applicable law, EXPRESSO BOX reserves the right to limit the Prices charged in cash. Once the cash payment limit is reached, you must provide an alternative payment method.

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The Price is due upon the actual provision of the service, collection of the good, or delivery of the good or product, and payment will be facilitated by EXPRESSO BOX through the payment method indicated in your Account. The charge may be made in advance, and EXPRESSO BOX will provide a receipt in the app. Furthermore, EXPRESSO BOX may, at its sole discretion, offer the option of cash payment. If it is found that the payment method indicated in the Account has expired, is incorrect, outdated, or invalid, or cannot be charged, or if you have not made the payment, you agree that EXPRESSO BOX may use a secondary payment method in the Account, if available. If payment cannot be completed or there are any outstanding financial obligations, your account may, at EXPRESSO BOX's sole discretion, be suspended or deactivated, and a negative record may be added to a debtor database such as SPC, Serasa, or others.

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In the relationship between you and EXPRESSO BOX, EXPRESSO BOX reserves the right to establish, remove, and/or revise the Price for all services, goods, or products obtained through the use of the Services at any time, at EXPRESSO BOX's sole discretion. Furthermore, you acknowledge and agree that EXPRESSO BOX may charge for services provided directly to you and that the applicable Price in certain geographic areas may include charges, fees, taxes, and/or government contributions due on your behalf. EXPRESSO BOX may, at any time, provide certain users with promotional offers and discounts that may result in different prices being charged for identical or similar Services to those obtained through the use of the Services, and you agree that these promotional offers and discounts, unless also offered to you, will not influence the Prices applied.

 

4.1. Repair or Cleaning Free

You will be responsible for the costs of repairs for damages or cleaning due to littering or causing pollution directly in the store. Such events may be recorded to assess such behaviors. In the event of an accident, the user is immediately responsible for removing the litter/waste caused immediately since the store does not have a staff member on-site, which could attract insects and adversely affect the experience of other users. The charge for unperformed cleaning will be in accordance with the severity and may be charged directly from a registered payment method in the app.

 

5. Garantia; Limites de Responsabilidade; Indenização

 

5.1. Warranty

THIS CLAUSE APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND DOES NOT REPLACE, NOR IS INTENDED TO REPLACE, ANY RIGHTS YOU MAY HAVE UNDER APPLICABLE LAW. EXPRESSO BOX AND ITS AFFILIATES PROVIDE THE SERVICES "AS IS" AND "AS AVAILABLE." EXPRESSO BOX MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE AVAILABILITY OF THE SERVICES OR ANY SERVICES, GOODS, OR PRODUCTS REQUESTED THROUGH THE USE OF THE SERVICES, NOR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

 

5.2. Limitations of Liability

EXPRESSO BOX WILL NOT BE LIABLE FOR ANY DAMAGE, OBLIGATION, OR LOSS ARISING FROM YOUR USE OF THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES. EXPRESSO BOX WILL NOT BE LIABLE FOR FAILURES RESULTING FROM CAUSES BEYOND EXPRESSO BOX'S REASONABLE CONTROL, NOR FOR THE QUALITY AND INTEGRITY OF SERVICES, GOODS, OR PRODUCTS PROVIDED BY INDEPENDENT PARTNERS.

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EXPRESSO BOX'S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE THE PURCHASE OF GOODS OR PRODUCTS OR OTHER SERVICES THAT MAY BE OFFERED IN THE APP, WHICH WILL BE PROVIDED BY INDEPENDENT PARTNERS, BUT YOU AGREE THAT EXPRESSO BOX HAS NO RESPONSIBILITY TOWARD YOU FOR ANY SERVICE PERFORMED BY INDEPENDENT PARTNERS, UNLESS EXPRESSLY PROVIDED FOR IN THESE TERMS.

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THE LIMITATIONS OF LIABILITY CONTAINED IN THIS CLAUSE 5 ARE NOT INTENDED TO LIMIT LIABILITIES OR ALTER CONSUMER RIGHTS THAT, UNDER APPLICABLE LAW, CANNOT BE LIMITED OR ALTERED

 

5.3. Indemnification

You agree to indemnify and hold EXPRESSO BOX, its Affiliates, its directors, officers, employees, and agents harmless from all and any claims, charges, losses, liabilities, and expenses (including attorneys' fees) arising out of or related to: (i) your use of the Services and/or services, goods, or products obtained through the use of the Services; (ii) breach or violation of any provision of these Terms; (iii) EXPRESSO BOX's use of User Content; or (iv) violation of the rights of third parties, including Independent Partners.

 

6. Data Processing

You acknowledge that in the registration or purchase process without identification, you will be providing information to EXPRESSO BOX such as name, date of birth, CPF, email, payment method data, purchased products, telephone, geolocation, document registration, and any other data that may be requested or provided through conversations with official support channels. These data will be stored on a private server with limited access and in compliance with the General Data Protection Law and may be shared among EXPRESSO BOX's Affiliates to promote improvements in offers and services.

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At any time you wish, you can delete some data directly through the mobile app in the "Profile" tab. If you are unable to delete a specific piece of data there or wish to delete all data, you can request this deletion through our support channel via email at suporte@box247.com.br.

In addition to the recorded data, the customer understands that the store environment has recording and audio capture systems that will be stored by EXPRESSO BOX for the evaluation of its products and services or verification of security against fraud or theft. You understand, agree, and authorize EXPRESSO BOX to share these images with the responsible parties of the store contract, which may include the residential condominium, commercial condominium, company, or institution where the store is located, as well as police or judicial authorities. The sharing of images is done solely and exclusively to identify users who may have committed an infraction, as an initial investigative process and does not necessarily mean that such an infraction has actually been committed.

 

7. Violation of Terms of Use and Fines

In the event of an identified infraction, you understand and agree that EXPRESSO BOX may apply a fine at its sole discretion in amounts ranging from R$100.00 (one hundred reais) to R$2,000.00 (two thousand reais) depending on the severity or recurrence of the event, which is certain and due, and you even authorize the charge to be made directly to the card registered in the app account.

 

8. Dispute Resolution

EXPRESSO BOX provides a comprehensive support structure, consisting of contact tools and a specialized support team for handling complaints via WhatsApp or email, to avoid the judicialization of disputes that may arise from your use of the Services.

Therefore, you agree to use the support tools provided by EXPRESSO BOX as the first means of resolving disputes arising from your use of the Services.

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You can also seek dispute resolution through the service Consumidor.gov.br, maintained by the National Consumer Secretariat (SENACON) of the Ministry of Justice and Public Security, which is available free of charge to consumers throughout the country to prevent and reduce the number of judicialized disputes.

 

9. Applicable Law; Jurisdiction

These Terms will be governed and interpreted exclusively in accordance with the laws of Brazil. Any claim, dispute, or controversy arising from or relating to these Terms, including regarding their validity, interpretation, or enforceability, will be resolved exclusively by the courts of your domicile jurisdiction.

 

10. Other Provisions

10.1. Claims of Copyright Infringement

Claims of copyright infringement should be directed to the designated representative of EXPRESSO BOX. Please refer to the EXPRESSO BOX website at www.box247.com.br for the designated address and other information.

 

10.2. Notices

email address on your Account, or by written communication sent to the address provided in your Account, and through push notifications directly from the app. You may notify EXPRESSO BOX through the App, via customer service channels available in the app, by email to suporte@box247.com.br, or by written communication to EXPRESSO BOX's address at Avenida Cardeal Santiago Luiz Capello, 782, Vila Ribeiro de Barros, CEP 05308-000, São Paulo, SP, Brazil.

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10.3. General Provisions

You may not assign or transfer these Terms, in whole or in part, without prior written approval from EXPRESSO BOX. You agree that EXPRESSO BOX may assign or transfer these Terms, in whole or in part, including: (i) to a subsidiary or Affiliate; (ii) to an acquirer of EXPRESSO BOX's equity, business, or assets; or (iii) to a successor due to any corporate transaction. There is no joint venture, partnership, employment, or agency relationship between you, EXPRESSO BOX, or any Independent Partners as a result of the contract between you and EXPRESSO BOX or your use of the Services.

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If any provision of these Terms is deemed illegal, invalid, or unenforceable in whole or in part, by any legislation or judicial determination, that provision or part of it will, to that extent, be considered non-existent for the purposes of these Terms, but the legality, validity, and enforceability of the remaining provisions of these Terms will not be affected. In such a case, the parties will replace the illegal, invalid, or unenforceable provision, or part thereof, with another that is legal, valid, and enforceable and that, to the maximum extent possible, has a similar effect to the provision deemed illegal, invalid, or unenforceable for the content and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties regarding this subject and supersede and prevail over all previous understandings and commitments on this subject. In these Terms, the words "including" and "includes" mean "including, without limitation."

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Finally, you acknowledge and give full probative value to: (i) the system screens of the EXPRESSO BOX app, including screenshots collected from mobile devices; and (ii) the reports and data extracted from the EXPRESSO BOX internal platform, agreeing that such documents constitute valid means of evidence for all purposes, under Article 190 of the Civil Procedure Code and Article 18, I, of Federal Law 13.874/2019.

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11. Other Provision

The parties elect the court of São Paulo, SP, as competent to resolve any disputes that may arise from the interpretation and fulfillment of this AGREEMENT, waiving any other forum regardless of the user's domicile.