Terms of Service
1. Introduction
These Terms of Service ("Terms") govern your access to and use of the OnCheckout platform, websites, dashboards, APIs, and related services (collectively, the "Services"), operated by ONCHECKOUT LTDA. These Terms apply to all users of the Services, including Vendors who list products and Cardholders who purchase them.
Transaction-specific terms are set forth in our Terms of Sale. These Terms apply alongside, and not in lieu of, the Terms of Sale.
2. Acceptance and Changes
By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you must not use the Services.
We may modify these Terms from time to time. Material changes will be communicated through the Services or by email at least fifteen (15) days before they take effect. Continued use of the Services following the effective date constitutes acceptance of the revised Terms.
3. Account Registration
Vendors must create an account to list products. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date. You are responsible for safeguarding your credentials and for all activity that occurs under your account.
Cardholders are not required to register an account to make a purchase but may use the customer portal to manage subscriptions and review purchase history.
4. Payment Processing and Merchant of Record
OnCheckout acts as the Merchant of Record for all transactions processed through the Services. OnCheckout contracts with regulated payment service providers (including Stripe and other licensed processors) to settle transactions. OnCheckout is the seller of record vis-à-vis the Cardholder and is responsible for refund and chargeback handling.
Vendors authorize OnCheckout to collect funds on their behalf, deduct applicable platform fees, processing fees, taxes, and refund reserves, and remit net proceeds in accordance with the Vendor agreement.
5. Prohibited Products and Conduct
The following categories of products and conduct are strictly prohibited on the Services:
- Illegal goods or services under Brazilian, United States, European Union, or other applicable law.
- Hate speech, content promoting violence, terrorism, or discrimination.
- Weapons, ammunition, explosives, and related accessories.
- Adult content, pornography, and sexually explicit services.
- Gambling, lotteries, sports betting, and games of chance.
- Multi-level marketing schemes, pyramid schemes, and other unsustainable income programs.
- Controlled substances, drug paraphernalia, and unregistered pharmaceuticals.
- Counterfeit goods, pirated software, and infringing intellectual property.
- Financial products requiring a license that the Vendor does not hold.
- Health, medical, or treatment claims unsupported by competent regulatory authority.
- Schemes designed to evade card-network rules, sanctions, or anti-money-laundering laws.
OnCheckout reserves the right to suspend or terminate any account, withhold payouts, and report violations to relevant authorities.
6. Intellectual Property
All trademarks, logos, software, and platform content owned by OnCheckout are the exclusive property of OnCheckout and may not be copied, modified, or used without prior written authorization.
Cardholders who purchase a product receive a limited, non-exclusive, non-transferable, single-user license to use the product for personal, non-commercial purposes, unless a broader license is expressly granted by the Vendor at the point of sale. Reselling, redistributing, or sublicensing purchased content is prohibited unless explicitly authorized.
Vendors retain ownership of their own products and grant OnCheckout a non-exclusive license to host, market, and distribute the product through the Services for the duration of the listing.
7. Disclaimers
The Services are provided "as is" and "as available" without warranties of any kind. OnCheckout does not warrant that the Services will be uninterrupted, error-free, or secure against unauthorized access. OnCheckout does not endorse or guarantee any Vendor or product, and does not warrant the accuracy of any claims made by Vendors or Authors.
8. Limitation of Liability
To the maximum extent permitted by law, OnCheckout's aggregate liability for any claim arising out of or relating to the Services shall not exceed (a) for Cardholders, the amount paid for the specific transaction giving rise to the claim; or (b) for Vendors, the platform fees received by OnCheckout from the Vendor in the three (3) months preceding the event giving rise to the claim. OnCheckout shall not be liable for indirect, incidental, special, consequential, or punitive damages.
9. Indemnification
You agree to indemnify, defend, and hold harmless OnCheckout, its directors, officers, employees, and affiliates from and against any claim, demand, loss, liability, damage, fine, or expense (including reasonable legal fees) arising from (a) your use of the Services; (b) your breach of these Terms; (c) your violation of any law or third-party right; or (d) in the case of Vendors, the products you list on the platform.
10. Termination
You may terminate your account at any time by submitting a request through support@oncheckout.com.br. OnCheckout may suspend or terminate any account at its discretion for breach of these Terms, suspected fraud, prohibited conduct, or to comply with legal obligations.
Termination does not affect transactions completed before the termination date, which remain governed by the applicable Terms of Sale and Refund Policy.
11. Governing Law and Arbitration
These Terms are governed by the laws of the Federative Republic of Brazil. Any dispute arising out of or relating to these Terms shall be submitted to binding arbitration seated in Florianópolis, Santa Catarina, Brazil, under the rules of a recognized arbitral institution agreed by the parties. The arbitral award shall be final and enforceable in any court of competent jurisdiction.
The parties waive any right to participate in a class action or representative proceeding to the maximum extent permitted by law.
12. Severability and Entire Agreement
If any provision of these Terms is held unenforceable, the remaining provisions shall remain in full force. These Terms, together with the Terms of Sale, Refund and Return Policy, Subscription Cancellation Policy, and Privacy Policy, constitute the entire agreement between you and OnCheckout.
13. Contact
Questions regarding these Terms may be directed to support@oncheckout.com.br or submitted through the ticket form.