Terms and Conditions

AUTHOR PLATFORM - GENERAL CONDITIONS

These GENERAL CONDITIONS are intended to regulate the contractual relationship to be established between BeBrightBook, Lda. and the Author, based on the Author’s identification – name, TIN and address – and on his express acceptance of the Contractual Proposal on the page bebrightbook.com through the command "I accept without reservation the present general conditions” (“I AGREE”).

1. Definitions

In the context of these General Conditions, the following terms have the following meaning and scope:

Author - A natural person, a group of natural persons or a legal person, of any nature, including public or private, and regardless of its nature, although having legal personality and full capacity to enter into legal business, responsible for the intellectual creation of a work and/or holder of the copyright incident thereon, and for its Public Availability through the BeBrightBook Platform under these General Conditions.

Client- End User, as defined below.

Public availability -Any act of placing the Work at the disposal of End Users on the BeBrightBook Platform, either on a free or onerous basis, governed by these General Conditions and by any contractual means herein provided for.

Work- It comprises any work, of an individual or collective nature, with multimedia characteristics, namely containing the text, photograph or image, sound or video components, created, edited or held by any Author, through the BeBrightBook Author Platform and intended for public availability, by the means provided for in these General Conditions.

BeBrightBook Platform - Web Marketplace solution integrated in bilingual format (Portuguese and English), comprising the following functionalities:

· An Internet portal, designated Access Portal, for registration, presentation of the Platform and connection to other platforms (Author and Reader), including a free access zone - BeBrightBook Bookstore (BrightStore) - for Public Availability of approved BeBrightBook Works for such purpose;

· Author Platform, from which the Author may present, produce, edit and sell his Works;

· Reader Platform, which legitimizes and enables the End User to access, file and enjoy the BeBrightBook Works whose access he comes to acquire.

Terms and Conditions - Set of contractual obligations to which End Users of the BeBrightBook Platform are bound, in this capacity, before BEBRIGHTBOOK.

End users - All clients, natural or legal persons, of any nature, including public or private, of the BEBRIGHTBOOK Platform, who have made their registration (login) and agreed to the Terms and Conditions, thus being entitled to enjoy the BeBrightBook Works from the Reader Platform.

2. Object

These General Conditions regulate the contractual relationship between BeBrightBook Lda and the Author in the scope of services provided by the first to the second, to promote, edit, sell and make available to the Public of Works held by the Author through the BeBrightBook Platform, specifically governing the subscription facility, contractual price and term of the contract.

3. Characterization of the BEBRIGHTBOOK service

3.1. BeBrightBook Lda. provides the Author, through the BEBRIGHTBOOK Platform, with a service for the production, edition, sale and public availability of works to a universe of End Users, against the receipt of a percentage of the price charged to Customers for fruition of those Works and the eventual payment by the Author of a Subscription.

3.2. The Author may directly upload Works or alternatively produce, adapt or otherwise modify them through the Author Platform. For this purpose, BeBrightBook makes a cloud hosting service available to the Author on this Platform, without storage limits, so that, by wanting, he may retain the Works intended to make available to End Users in the BeBrightBook Bookstore. BeBrightBook reserves the right at all times to limit the storage memory to be made available in this context by means of simple notification to the Author as well as to charge for storage services

3.3. The access of the Author to the Author Platform is subject to prior and complete formal acceptance by the latter of these General Conditions, considering the subscription facility and his registration on that Platform through his complete identification – name, TIN and address -, as well as to an access key provided by BeBrightBook Lda of a confidential, personal and non-transferable nature, composed of login and password to said Platform.

3.4. BeBrightBook Login confers access to the account that the Author will use throughout the BeBrightBook ecosystem. The Author is responsible for maintaining its confidentiality and security. BeBrightBook Lda. disclaims any liability for damages, losses or impairments resulting from unauthorized use of the login key. In all cases, the Author should contact BeBrightBook Lda.if he suspects that his login key has been lost, miscarried or by any means compromised in its security.

3.5. The minimum age to subscribe to any BeBrightBook Lda service and, accordingly, to create a BeBrightBook Lda login key is 16 years (or equivalent minimum age in the Country of Residence, as defined in the registration process). Those interested below the age stipulated above shall be represented, under the terms legally admissible and provided for in Portuguese Law.

3.6. The Author, maintaining the ownership of the Copyright on the Work, agrees to make it available for inclusion on the BeBrightBook Platform for a limited period of time, without territorial limits or restrictions, enabling BeBrightBook Lda to store, process, reproduce, make available and sell copies of the Work to the public through the BeBrightBook Platform, without limit of copies and in accordance with the subscription facility.

3.7. With the present Contract and during the term thereof, the Author grants BEBRIGHTBOOK Lda. the exclusive right to promote and disseminate the Work in a digital environment, within the scope and limits defined in 3.4. retaining, however, all other Author patrimonial rights outside said digital environment, in full and integral form.

3.8. The Author and BeBrightBook Lda. define the accession modality of the first to the BeBrightBook Platform, within the modalities which are detailed in 3.9.

3.9. The Author shall define, among the following set of preconfigured options, the concrete form or form(s) of Public Availability of his Work:

· Sale of the work for online view on devices with internet access associated with the possibility of full download of the Work by the End User on the Reader Platform through applications (APPs) available in the APPSTORE and GOOGLE PLAY;

· Access to the work by consumers through insertion of the codes generated on the platform, acquired by the author, which also allow online view on devices with internet access associated with the possibility of full download of the Work by the End User on the Reader Platform through applications (APPs) available in the APPSTORE and GOOGLE PLAY;

· Sale of a limited access time to the work -only online - by the End User, without download faculty, on the Reader Platform;

These forms of Public Availability correspond to the following types of subscription:

I. BrightStore Production and Sale Model:

The author produces his contents, publishes them on BeBrightBook’ platform and places them for sale on the Brightstore at a Fixed Price (the sale for a limited time will be calculated in each specific case and will only be accessible to BrightBooks who obtain BEBRIGHTBOOK’S authorization).

The modes of publication to be chosen by the author are as follows:

Free Author - author without subscription costs:

The Author publishes his work and sets the respective sale price.

The Author will be entitled to receive a portion of the sales value, which is calculated depending on the overall value of the sales of each work, considering all deductions, namely duties and taxes, to be made by BeBrightBook, as well as the part of the revenue which is due to BeBrightBook, Lda for the supply of the service of production, sale and provision of contents.

The author's basic remuneration amounts in this modality depend on the absolute values of sales, after deduction of VAT and other taxes and duties, according to the following table:

Sales value excluding VAT (EUROS)	Net percentage of sales to be earned by the Author
0-300	10
301-600	20
601-900	30
higher than 900	40

The table should read as follows:

§ Of the first 300 euros sold the author receives 10%;

§ Of the following 300 euros (from 300 euros to 600 euros) the author receives 20% of this amount;

§ Of the following 300 euros (from 600 euros to 900 euros) the author will receive 30% of this amount;

§ From 900 euros on the author will receive 40%.

BeBright Author - Author Modality with Subscription:

The author pays a single amount at the time of publication of € 80.00 (eighty euros), which will allow him to receive, regardless of the overall value of the sales, the percentage of 40% of the sales value of his work, after deduction of taxes and duties, namely VAT.

Special Conditions for Selected Authors.

The Author requests BeBrightBook special, more advantageous conditions (other than the general conditions), (by exercising the "Want special conditions? Talk to us" at the webpage bebrightbook.com), in particular as regards the amount to be received from the sale of his works.

BeBrightBook reserves the right to refuse the granting of special conditions to the Author.

II. Production Model and Disclosure with Purchase of BrightCodes Codes The author produces its contents, publishes them through the BeBrightBook platform, acquiring access codes (BrightCodes). The access to its contents will be done though the insertion of codes on the BeBrightBook platform. The contents made available through this modality may not be included in the BEBRIGHTBOOK catalog, depending on the author's will.

If the author only wishes to publish through access code he must exercise such option on the platform at the time of publication. In this case, BrightBooks will be restricted to those who possess BrightCodes.

However the Author may publish in the modalities of Free Author or BeBright Author, thus placing its works in the BeBrightBook catalog, and then acquire codes that will be sold by the BeBrightBook platform through the Author’s backoffice. In these cases, the author is free to resell or assign each of these codes free of charge.

The Author publishes the work and acquires the BrightCodes codes from BeBrightBook Lda., according to the following unit price table:

Number of Codes in Each Acquired Package (there are five different code packages)	Price per code (EURO)	Total cost (EURO)
10	0,5	5
50	0,3	15
100	0,25	25
500	0,22	110
1000	0,2	200

II. BrightBook Services On Demand

BeBrightBook offers, in this particular, to all interested parties, ancillary services for editing or full production of contents, which will be budgeted for according to the hours and services provided.

3.10. The Author shall have full autonomy to define the initial moment or date for Public Dissemination of the Work through the BeBrightBook Platform, defining the initial price for Public Availability at the time of subscription, considering the modalities provided in 3.9, always and in all cases with the subsequent approval by BeBrightBook, Lda.

3.11. Subsequently to prior control analysis for pre-approval purposes, BeBrightBook Lda. shall promote the Work on its Platform, charging the prices determined by the author, by the Public Availability modalities that come to be defined, retaining, as consideration for the services covered by this contract, a part of such amount considering the modalities provided in 3.9 and accepted by the Author, as well as all duties and taxes applicable in each territory or sale market, which are retained by BeBrightBook Lda. by legal requirement, undertaking the obligation to deliver the remaining amount to the Author, at the end of each cycle of sales, - with monthly, quarterly, bi-annually or annually frequency – or when a given minimum sales value is reached and only when the author has provided BeBrightBook Lda. with all the information necessary to transfer the applicable amounts – also to be defined by the parties during the subscription of the service.

3.12. From the moment of confirmation of the subscription by the Author of any service, BeBrightBook Lda. assumes full independence as to the promotion of the Work in BeBrightBook Bookstore, namely having the right to unilaterally withdraw the Work from the catalog and review the respective price for Public Availability, as well as to make it available again.

3.13. BeBrightBook Lda. reserves the right at all times and unilaterally not to authorize the publication of certain contents of the Author due to manifest lack of quality thereof, due to non-compliance with or non-observance of these General Conditions or due to internal management imperatives of BeBrightBook Lda.

3.14. BeBrightBook Lda. further reserves the right to withdraw any work, without prior notice and without right to indemnification or compensation to the Author.

3.15. The Author may promote the disclosure of the BeBrightBook Platform and its Works by its own means, for free or on an onerous basis.

4. Obligations and responsibility by BeBrightBook, Lda.

4.1. BeBrightBook Lda. undertakes to specifically and without prejudice to other obligations set forth in the present General Conditions, to:

· Ensure an adequate technical level of service of its Platform for the aims and purposes of the provision offered by both authors and end users,

· Maintain a level of security of its IT infrastructure according to the specifics of the service offered to the Author.

4.2. Without prejudice to the cases imperatively provided by law, BeBrightBook Lda. is not liable for the miscarriage of data or any damages, including loss of profits, arising or stemming from any failure or deficiency of the service object of this contract that is not directly attributable thereto, of deceit or gross negligence nature, in particular those resulting from unforeseeable circumstances or force majeure.

4.3. Without prejudice to the provisions in 4.2, BeBrightBook Lda. shall not be liable for acts, omissions or errors in the provision of the service that may result from acts of its representatives, agents, auxiliaries or any other persons that affect the fulfillment of its obligations, except in case of deceit or gross negligence.

5. Obligations of the Author

Without prejudice to the other obligations set forth in the present General Conditions and also below in section 6 concerning Intellectual Property Rights incident on the Works of the Author, the latter specifically undertakes to:

· Act in a responsible manner, promoting and Making Available to the Public through the BeBrightBook Platform only works which are non-discriminatory on the grounds of sex, race, religion, sexual orientation and generally in accordance with the law and not detrimental to the morality and good customs in force;

· Recognize and accept, without implying the right to any indemnity or compensation, the rights assigned to BeBrightBook, provided for in 3;

· Acknowledge and accept, without implying the right to any indemnity or compensation, that certain Works he promotes on the BeBrightBook Platform may, at any time, be subject to dissemination restrictions or blockages in certain territories, due to certain legal and/or cultural specificities;

· Use duly licensed and certified software for editing and creating Works, free from any viruses or non-conformities that may cause damage or disruption to the BeBrightBook computer infrastructure at the time of submission of any Work on the BeBrightBook Platform and/or its subsequent management;

· Be absolutely confidential with respect to the login Access Key to the Author Platform provided by BeBrightBook Lda., being the sole and exclusive responsible for any acts, infringements, damages or losses, caused to BEBRIGHTBOOK and/or any third party, motivated by illegitimate access through the use of such Access Key;

· Timely deliver to BeBrightBook Lda. the accounting and tax instruments legally required to support any payments, namely those provided in Sections 3.8 and 3.9;

· Inform BeBrightBook Lda of the respective banking coordinates and, at all times, of any changes that may occur thereto.

6. Intellectual Property Rights

6.1. The Author shall be responsible for, and is to warrant to BeBrightBook Lda. and End Users, that the unpublished character of the Work, and in particular that the Work made Available to the Public is free of any charges or duties and that it does not infringe any third party Intellectual Property Rights, namely that the Work does not result from usurpation or counterfeiting of copyright or that it results from (or comprises) infringement of any other intellectual property rights held by third parties.

6.2. BeBrightBook Lda. reserves the right at any time without notice to the Author to withdraw any Work from any of its Platforms in the event of any third parties’ inquiry regarding potential intellectual property right infringements, without prejudice to any direct responsibility of the Author, In civil and criminal proceedings, for such conduct, under the terms legally in force.

6.3. In the case provided for in 6.2., any and all payments due to the Author shall also be suspended.

6.4. The Author also undertakes to respect all Intellectual Property Rights owned by BeBrightBook Lda. and by any third party related therewith, under the fulfilment and within the scope of this contract.

7. Price and Billing

7.1. The applicable prices for the enjoyment of the BEBRIGHTBOOK service by the Author and all its special characteristics, namely regarding billing and deadlines for compliance with the price, are contained are included in number 3 and in other information media provided by the company.

7.2. The Author acknowledges and accepts that any payment due to him by BeBrightBook Lda. shall depend on the delivery thereto of the documentation required for the processing of such payment, as well as that the same amounts must be paid by means of payment defined by BeBrightBook Lda, namely by Paypal or bank transfer, the net amount to be paid being deducted from all costs of the transfer operations that fall on BeBrightBook Lda.

7.3. All pecuniary amounts due to the Author shall be those identified on the BeBrightBook platform under "Revenues and Prices", which may be altered due to third party country tax regulations, if applicable, even if they are not, for the moment, evidenced on the platform.

7.4. The delivery periodicity of the pecuniary amounts due to the Authors shall normally be quarterly, or as soon as the sales value of a certain work reaches 1.000,00 € (one thousand Euros) or equivalent value in foreign currency, if applicable, whereupon BeBrightBook Lda. shall in all cases be responsible for the decision as to the moment of transfer of the same payments.

7.5. All payments due to the Authors shall be subject to withholding of duties, taxes, or any amounts due to the tax, administrative or other authorities of each country where they are purchased, enjoyed or, if applicable, produced in accordance with national and international applicable laws.

8. Term, renewal and termination of contract

8.1. This contract as the term foreseen and accepted by the parties at the moment of the subscription.

This Contract shall automatically be renewed for an equal period unless notice of termination by either party is given at least 90 (ninety) days before the end of the contractual term.

8.2. The Author may terminate this Contract by giving sixty (60) days' notice in the event of a failure to pay any of the payments agreed upon with BeBrightBook Lda. under this Contract, without prejudice to the exercise of the right of Compulsory collection of all outstanding amounts and the maturity of the competent default interest.

8.3. BeBrightBook Lda. may terminate this Contract unilaterally or suspend the provision of the service, with simple notice of 8 (eight) days to take the respective effects, whenever BeBrightBook decides or the Author fails to fulfil the obligations, namely those that are contained in the General Conditions.

8.4. In any case of termination of the effects of this Contract, the exclusivity right provided for in 3.7. for the benefit of BeBrightBook Lda. also terminates.

8.5. The termination of this Contract by the Author outside the period and manner provided for in 8.2. determines the immediate payment to BeBrightBook Lda of a penalty equivalent to 10 times the contractual value accepted by the Author, which shall also be due by the Author in case of violation of the exclusive right provided for the benefit of BeBrightBook Lda.in 3.7.

8.6. In accordance with Decree-Law No. 269/98 of September 1, the parties are deemed to be domiciled for service in the event of litigation, as well as for billing purposes, at the addresses provided during the identification of the Author.

9. Notifications and Communications

9.1. Except when otherwise agreed by the parties and as provided for in 9.2., any communication shall be made by telephone or electronic mail, and BeBrightBook Lda. may also make communications through invoices issued to the Author, in a visible place and with due highlight.

9.2. In the event of a malfunction of the equipment or any interruption or anomaly in the BeBrightBook service, the Author undertakes to immediately notify these facts to BeBrightBook Lda. through the contacts provided during the identification of the Author.

10. Collection of personal data and privacy protection

10.1. The identification data provided by the Author are essential for the execution of this Contract, and therefore deceptiveness or inaccuracy thereof are grounds for refusal by BeBrightBook Lda.

10.2. The data collected in this context by BeBrightBook Lda. shall be processed automatically, in the terms and within the limits set by the applicable legislation.

10.3. BeBrightBook Lda. is obliged to respect the legislation on privacy protection of data related to the Author and to treat them exclusively for the purposes of this Contract, ensuring their adequate security and inviolability.

11. Settlement of disputes

11.1. Notwithstanding the provisions of the following paragraphs, the Author may at any time submit to BeBrightBook Lda. any claims resulting from its acts or omissions in relation to the obligations assumed in this Contract, and must do so within a maximum period of 30 days after acknowledging them.

11.2. In order to settle conflicts or disputes arising from this Contract, the court of the district of Braga has jurisdiction, within the scope of applicable law, without prejudice to the specific jurisdiction in the out-of-court settlement of consumer disputes, if applicable, in which cases the competent entity for the settlement of conflicts of this nature between BeBrightBook Lda. and the Author shall be a Centre for Consumer Conflict Arbitration to which it will accede, under the terms provided for in Law no. 144/2015 of 8 September.

12. Applicable Legislation

Without prejudice to all other applicable legal regulations, this Contract, in particular, observes compliance with the following legislation:

· Legal regime of the General Contractual Clauses (Decree-Law No. 446/85 of 25/10, considering the amendments to this legal document operated by Decree-Laws No.249 / 99 of 07/07 and 323/2001 of 17/12);

· Copyright and Related Rights Code.

READER PLATFORM - TERMS AND CONDITIONS

These TERMS AND CONDITIONS are intended to regulate the contractual relationship to be established between BeBrightBook, Lda. and the Reader or End User, based on the full acceptance by the later of the rights and obligations and in particular of the subscription modalities proposed by BeBrightBook, Lda..

1. Definitions

In the context of these TERMS AND CONDITIONS, the following terms have the following meaning and scope:

Author - A natural person, a group of natural persons or a legal person, of any nature, including public or private, and regardless of its nature, although having legal personality and full capacity to enter into legal business, responsible for the intellectual creation of a work and for its Public Availability through the BeBrightBook Platform.

Public Availability - Any act of placing a Work produced, edited, sold or made available from the platform managed by BeBrightBook at the disposal of the Readers on the BeBrightBook Platform, by the Author.

Reader - A natural person or legal person, of any nature, including public or private, and regardless of the nature thereof, although holding legal personality and full capacity to enter into legal business, which has made a registration (login) and adhered to these Terms and Conditions and that is thus entitled to enjoy the BeBrightBook Works from the Reader Platform.

BrightBook Work- It comprises any work, of an individual or collective nature, with multimedia characteristics, namely containing the text, photograph or image, sound or video components, made available on the BeBrightBook Reader Platform and intended for public fruition, by the means provided for in these Terms and Conditions.

BeBrightBook Platform - Web Marketplace solution integrated in bilingual format (PT and EN), comprising the following functionalities:

· An Internet portal, designated Access Portal, for registration, presentation of the Platform and connection to other platforms (Author and Reader), including a free access zone - BeBrightBook Bookstore - for Public Availability of approved BeBrightBook Works for such purpose;

· Author Platform, from which the Author may present, produce and edit his Works;

· Reader Platform, which legitimizes and enables the Reader to access, file and enjoy the BeBrightBook Works whose access he comes to acquire.

Terms and Conditions - A set of contractual obligations to which the Readers of the BEBRIGHTBOOK Platform are bound, in this capacity, to BeBrightBook Lda., in particular for adherence to the Reader Platform.

2. Object

These Terms and Conditions regulate the contractual relationship between BeBrightBook Lda and the Reader in the scope of services provided by the first to the second, for the access, enjoyment and fruition of Works through the BeBrightBook Platform.

3. Characterization of the BeBrightBook service

3.1. BeBrightBook Lda.provides to the Reader, through the BEBRIGHTBOOK Reader Platform, a service for the access, enjoyment and fruition of Works, against payment or insertion of a specific access key and according to the conditions described below and accepted.

3.2. The Reader may access the BeBrightBook Reader Platform upon registration and login, accepting the present Terms and Conditions. The access to the Reader Platform is subject to prior and complete formal acceptance by the Reader of these Terms and Conditions, upon his registration and login containing his complete identification, as well as to an access key provided by BeBrightBook Lda of a confidential, personal and non-transferable nature, composed of login and password to said Platform.

3.3. Login grants access to the account the reader shall use on the BeBrightBook Platform. The Reader is responsible for maintaining its confidentiality and security. BeBrightBook Lda.disclaims any liability for damages, losses or impairments resulting from unauthorized use of the login key. In all cases, the Reader should contact BeBrightBook Lda. if he suspects that his login key has been lost, miscarried or by any means compromised in its security.

3.4. The minimum age to subscribe to any BEBRIGHTBOOK Lda service and, accordingly, to create a BeBrightBook Lda login key is 16 years (or equivalent minimum age in the Country of Residence, as defined in the registration process). Those interested below the age stipulated above shall be represented, under the terms legally admissible and provided for in Portuguese Law.

3.5. The Reader shall have access to a copy of the Work, for his personal enjoyment and fruition, according to the subscription modality agreed upon and the limits inherent thereto.

3.6. The Reader and BeBrightBook Lda. define in the Contractual Proposal the subscription modality of the Work within the scope of the BeBrightBook Reader Platform, according to the following modalities:

· Online on the Reader Platform

· Online through the apps downloaded through the APP STORE or GOOGLE PLAY

· Offline through the apps downloaded through the APP STORE or GOOGLE PLAY (4 dowloads at maximum per brightbook)

· By limited access time, depending on the modality subscribed by the Reader and available for the works designated in the BrightStore.

Thus the Reader will pay a variable amount, depending on the modality of subscription.

The estimated values for purchases are those presented in each moment in the BrightStore for each work, according to the website bebrightbook.com.

4. Obligations and responsibility by BeBrightBook, Lda.

4.1. BeBrightBook Lda. undertakes to specifically and without prejudice to other obligations set forth in these Terms and Conditions:

· Ensure an adequate technical level of service of its Platform for the aims and purposes of the provision offered to the Reader;

· Maintain a level of security of its IT infrastructure according to the specifics of the service offered to the Reader.

4.2. BeBrightBook Lda. reserves the right to ensure the maintenance of the contents for a period of time it deems reasonable and appropriate, and may withdraw it from the platform and/or its catalog, at any time and by unilateral decision, without prior notice.

4.3. Without prejudice to the cases imperatively provided by law, BeBrightBook Lda. is not liable for the miscarriage of data or any damages caused by failure or deficiency of the service object of this contract that is not directly attributable thereto, of deceit or gross negligence nature, in particular those resulting from unforeseeable circumstances, force majeure, or related to loss of profits.

4.4. Without prejudice to the provisions in 4.2, BeBrightBook Lda.shall not be liable for acts, omissions or errors in the provision of the service that may result from acts of its representatives, agents, auxiliaries or any other persons that affect the fulfilment of its obligations, except in case of deceit or gross negligence.

4.5. Despite BeBrightBook Lda. assuming a responsible and ethical policy regarding the publication and availability of all the works included on the platform, subjecting any publication to a process of analysis and pre-approval, BeBrightBook Lda. declines all liability for any contents which may, however, offend or harm the public's susceptibilities, as well as violate any legal rule, including those relating to intellectual property, or others, including copyright.

5. Obligations of the Reader

Without prejudice to the other obligations set forth in these TERMS AND CONDITIONS, and also below in section 6 concerning Intellectual Property Rights incident on the Works made available, the Reader specifically undertakes to:

· Acknowledge and accept, without implying the right to any indemnity or compensation, that certain Works contained on the BeBrightBook Platform may, at any time, be subject to dissemination restrictions or blockages in certain territories, due to certain legal and/or cultural specificities in force which will make his access in such territories impossible;

· Be absolutely confidential with respect to the Access Key to the Reader Platform provided by BeBrightBook Lda., being the sole and exclusive responsible for any acts, infringements, damages or losses, caused to BeBrightBook and/or any third party, motivated by illegitimate access through the use of such Access Key.

6. Intellectual Property Rights

6.1. The Reader shall be responsible for the full respect for the Intellectual Property Rights incident on the Work to which Access is guaranteed by means of this Contract, as well as those owned by BeBrightBook Lda.and/or by any Author in respect of Works included on the BEBRIGHTBOOK Platform.

6.2. Accordingly, the Reader undertakes to benefit and enjoy the Work in a personal capacity, not being entitled to any reproduction, copying, alteration, transformation, dissemination in public or in general any form of commercial or profitable use of the Work, other than the specific limits of the subscription modality agreed upon. The assignment of the access credentials to the BeBrightBook platform by a particular user, to another user, be it private individual, company, or any other profit or non-profit entity, grants BeBrightBook the right to take legal action against the assignor or against the misuser or unauthorized user of such credential.

6.3. BeBrightBook Lda reserves the right at any time and by simple notice to the Reader to withdraw any Work from any of its Platforms in the event of third parties’ inquiries regarding potential infringements of intellectual property rights thereon.

7. Price and Billing

The applicable prices for the fruition of the BEBRIGHTBOOK service by the Reader and all its special characteristics, namely regarding billing and deadlines for compliance with the price, are contained in the above number 3.

8. Term, renewal and termination of contract

8.1. This contract as the term foreseen and accepted by the parties, considering the accepted subscription modality, the parties expressly agreeing that by the conclusion of the process of adhesion to the BeBrightBook Platform by the Reader, foreseen and described in 3, the performance of the Contract is effective, with the express consent of the Reader and that the latter hereby acknowledges and accepts the loss of the right for free termination of this Contract, within the meaning of Decree-Law No. 24/2014 of February 14, all without prejudice to the provisions of the following paragraph.

8.2. The Reader may terminate this Contract upon written prior notice eight (8) days in advance in the event of a proven breach of the obligations by BeBrightBook Lda. under this Contract.

8.3. BeBrightBook Lda. may terminate this Contract unilaterally or suspend the provision of the service with simple 24-hour prior notice whenever the Reader does not fulfil its contractually established obligations, namely those relating to payments due for the BeBrightBook service.

8.4. In accordance with Decree-Law No. 269/98 of September 1, the parties are deemed to be domiciled for service in the event of litigation, as well as for billing purposes, at the addresses which are provided at the moment of the subscription.

9. Notifications and Communications

9.1. Except when otherwise provided in this Contract and as provided for in 9.2., any communication between the parties shall be made by telephone or electronic mail, and BeBrightBook Lda. may also make communications through invoices issued to the Reader, in a visible place and with due highlight.

9.2. In the event of a malfunction of the equipment or any interruption or anomaly in the BEBRIGHTBOOK service, the Reader undertakes to immediately notify so to BeBrightBook Lda. through the contacts defined in the Particular Conditions.

10. Collection of personal data and privacy protection

10.1. The identification data indicated by the Reader in the Contract Proposal are essential for the execution of this Contract, and therefore deceptiveness or inaccuracy thereof are grounds for refusal by Be BrightBook Lda.

10.2. The data collected in this context by BEBRIGHTBOOK Lda. shall be processed automatically, in the terms and within the limits set by the applicable legislation.

10.3. BeBrightBook Lda. is obliged to respect the legislation on privacy protection of data related to the Reader and to treat them exclusively for the purposes of this Contract, ensuring their adequate security and inviolability.

11. Settlement of disputes

11.1. Notwithstanding the provisions of the following paragraphs, the Reader may at any time submit to BeBrightBook Lda. any claims resulting from its acts or omissions in relation to the obligations assumed in this Contract, and must do so within a maximum period of 30 days after acknowledging them.

11.2. In order to settle conflicts or disputes arising from this Contract, the Portuguese Courts are competent, within the scope of applicable law, without prejudice to the specific jurisdiction in the out-of-court settlement of consumer disputes, if applicable, in which cases the competent entity for the settlement of conflicts of this nature between BeBrightBook Lda. and the Reader shall be a Centre for Consumer Conflict Arbitration to which it will accede, under the terms provided for in Law no. 144/2015 of September 8.

For all matters arising from the general and particular conditions, the court of the district of Braga has jurisdiction with express waiver of any other.

12. Applicable legislation

Without prejudice to all other applicable legal regulations, this Contract, in particular, observes compliance with the following legislation:

· Reader Right and Related Rights Code.

· Decree-Law No. 24/2014 of February 14, on the Scheme of Contracts Held at a Distance and Contracts Held Outside the Establishment;

· Law 144/2015 of September 8, on the out-of-court settlement of consumer disputes.