Terms of Use and Conditions of Navigation

Terms of Use and Browsing Conditions

Nuuvem Platform

Welcome to the Nuuvem Platform. Below, we present the Terms of Use and Browsing Conditions, a document that lists the main rules to be observed by all who access this site or use its tools.

By visiting or using this site, it is assumed that you have read and agree to all the terms below.

1. Definitions

1.1  For the purposes of this document, the following definitions and descriptions should be considered for better understanding:

Anti-Spam: System that prevents unwanted correspondence, such as mass advertising, by blocking messages or moving them to a specific folder.

Activation: Validation of information regarding usage licenses, occasionally required for access to certain Games on the platform of the license-holding companies of the Games or, occasionally, on the Nuuvem Platform.

Access Account: Restricted area for exclusive use of the User accessible through login and Password, through which the User interacts, performs transactions, and exchanges personal information with the Platform.

Balance: The amount available in the User’s Nuuvem Wallet for use as a means of payment, subject to the rules in Section 10 (including 5-year validity renewed by each movement).

Digital Content: Music, soundtracks, movies, Games, and other similar content available on the Nuuvem Platform.

Crawler / Spider: Program developed to act or obtain information automatically on websites.

Game(s): Type of Digital content available on the Nuuvem Platform for download to Users.

Gift Card: A digital instrument that may be used to load Nuuvem Wallet, subject to the specific conditions of Section 10 and the product.

Layout: Set comprised between appearance, design, and flows of the Platform.

License(s): License(s) for use of Digital Contents or Games acquired through the Nuuvem Platform. Nuuvem intermediates the sale of Licenses between Publishers and Users. Licenses confer to the User a non-exclusive, limited, and revocable right and license to use the Digital Content for personal and non-commercial use (except as expressly permitted by Nuuvem in specific cases, at its sole discretion). The acquired license does not confer any title or ownership over the purchased Digital Content.

Link: Terminology for internet address.

Login: User's identification name on the Nuuvem Platform.

Nuuvem: NUUVEM LTDA., enrolled with CNPJ/MF under No. 17.126.332/0001-10, headquartered at Rua Lauro Muller, 116, Sala 503 (part), Botafogo, in the city of Rio de Janeiro/RJ, ZIP Code 22290-160.

Nuuvem Wallet (or “Wallet”): A virtual prepaid balance wallet maintained by the User on the Platform, which can be loaded via credits, gift cards, or other methods made available by Nuuvem, and used as a payment method pursuant to Section 10 of these Terms. The balance is personal, non-transferable, and subject to a maximum limit, validity, and other rules in Section 10.

The maximum allowed balance in the Nuuvem Wallet can be verified through this link.

Platform: Virtual environment where the services, Games, and Digital Content that are part of the sales catalog intermediated by Nuuvem are available, offered to Users through the website accessible via the domain “www.nuuvem.com”.

Publishers: companies that own the rights to economic exploitation or licensing of Licenses. Nuuvem intermediates the sale of Licenses by Publishers to Users. Publishers can be companies located in Brazil or abroad.

Password: Set of characters that serves as proof of the User's digital identity, the knowledge of which must be exclusive and unique.

Saved Card: An optional checkout feature that allows the User to authorize the storage of credit card data for future use.

Website: Denomination for an internet page.

User(s): Person(s) who have a valid account on the Platform and who access or interact with the activities offered Every User must necessarily be an end consumer, and any purchase for the purpose of commercial resale or commercial exploitation is prohibited.

Visitor: Any person who accesses the Platform.

2. Access and Functionality Restrictions

2.1  This Platform is dedicated to hosting the Nuuvem virtual environment, whose activity is to allow Users to acquire Licenses to download Digital Content, especially Games, also allowing User interaction through social tools. Digital Content is downloaded directly from the websites of the License-holding companies, the Publishers, from other platforms authorized by the Publishers, or, in some cases, from the Nuuvem Platform itself, depending on each specific License acquired.

2.1.1  Nuuvem Wallet will, by default, be available to Users with an active Access Account, pursuant to Section 10, without prejudice to any KYC/antifraud checks, limits, and controls, which may, including, culminate in the removal of this functionality.

2.2  Nuuvem is a company dedicated to facilitating the sale of Licenses by Publishers to Users through the Platform. Nuuvem does not purchase Licenses from Publishers for subsequent resale to Users.

2.3  Nuuvem is committed to providing its Users with an easy, practical, and quick way to access Games on computers, consoles, or smartphones.

2.4  This Platform is aimed at Users located worldwide, although there may be differences in the catalog of Games offered depending on the User's location.

2.4.1  In the case of Games with regional restrictions, the User will be guaranteed access to the Game only in the country where the purchase was made, even though there may be the possibility of accessing it in a country different from where the purchase was made.

2.4.2  In the event of access restrictions described in item 2.4.1 above, the use of any technological tool, such as, but not limited to, Proxy and VPN, to access Games in a country other than where the License was acquired by the User, is prohibited.

2.5  The purchase of Licenses for commercial resale or for commercial exploitation, such as, but not limited to, the economic activity of paid License rental, is prohibited.

2.6  Nuuvem may suspend, limit, or cancel access to Nuuvem Wallet in case of registration irregularities, indications of fraud, violations of these Terms, or due to legal/regulatory requirements, without prejudice to the measures provided in Section 10.4.

3. Platform Operation and Conduct

3.1  This Platform is presented to the web public as it is available, and may undergo constant improvements and updates, with Nuuvem not being obliged to maintain a structure or Layout, except for its own convenience.

3.2 Users interested in acquiring Digital Content must create an account, providing their email and a Password.

3.2.1  Each Access Account is limited to acquiring only one License for each Game for personal use, with any commercial use of this License being prohibited. Nuuvem will not provide repeated Licenses for the same Game to the same User.

3.2.2  The acquisition of item packs for Games is conditioned to a single price offered at the time of purchase, regardless of whether the User already owns one or more items in that pack. The User will not receive the same item again if they already own it, receiving only the other items in the pack that they do not possess.

3.2.3  To make the purchase, the User must also provide other personal data according to the chosen payment method, such as, but not limited to, full name, Login, display name for the public profile, identification document number in their country, Individual Taxpayer Registry number - CPF, credit card number, telephone number, and address, as well as other identification elements that Nuuvem may require to prove compliance with the rules of these Terms of Use and applicable legislation (especially the requirements of tax law, consumer protection law, and child and adolescent protection law).

3.2.4  Nuuvem reserves the right to request from the User the submission of additional information and possible copies of documents, solely and exclusively to confirm the buyer's identity and the authenticity of their documents.

3.3  All Licenses marketed may require the creation of an Access Account on a different platform (the platform from which the Games will be downloaded). In cases where Activation is necessary, a key will be provided in a specific location in the User's Access Account on Nuuvem.

3.3.1  Due to variations in the distribution method of some Games, it may be necessary for Activation, download, installation, and/or access to the Game to occur through an Access Account on a platform other than Nuuvem. In these situations, there will be information in a visible and appropriate location on the Game's descriptive page, before finalizing the purchase.

3.3.2  The platform described in the item above for accessing the purchased Games may be changed at any time, regardless of the information described at the time of purchase. If there is a change, the download, installation, and/or access to the Game must be done through the substitute platform.

3.4  Nuuvem may, at any time, change the payment methods available on the Platform, as well as any companies responsible for their intermediation, clearly informing the User of the available payment method.

3.4.1  The availability, change, or discontinuation of Nuuvem Wallet as a payment method may occur at any time by updating these Terms, without prejudice to any existing Balance and the rules in Section 10.

3.4.2  Saved Credit Card. The "Save Card" feature is optional and requires the User's consent at checkout. By choosing to save a card, the User authorizes payment intermediaries to store the data, while only non-sensitive information (e.g., flag/network and the last four digits) remains with Nuuvem for identification purposes. The User may manage and delete "Saved Cards" in their Access Account. Deletion does not invalidate already authorized transactions, nor does it prevent legal retention for fraud prevention, chargebacks, and compliance with legal obligations.

3.5   Users who make purchases on the Platform may exercise their right of withdrawal within 07 (seven) days counted from the receipt of the product, using the contact methods available on the Platform, with the official channels being the email support@nuuvem.com or contact form, to initiate the procedure. There will be no right of withdrawal for purchases made in breach of these Terms of Use and, in particular, for purchases made for resale or commercial exploitation.

3.5.1  Nuuvem guarantees to consumers that it will confirm in writing the receipt of their cancellation requests made based on the right of withdrawal. Nuuvem will honor all cancellation requests made based on the right of withdrawal carried out in accordance with national legislation and these Terms of Use. After the cancellation request is made, Nuuvem will block the viewing of the Activation Key, if it has not been viewed until then.     

3.5.2  Payment refund can only be made if the User has not used their License, which is considered the viewing of the Activation key in the Access Account and/or completion of the download. In case of purchases for gifting, the Access Account to be considered will be that of the gifted User.

3.5.3  If the absence of the above requirements is found, Nuuvem reserves the right not to accept the return and not to refund the amount paid, being able to make the product available to the User without prior consultation. For greater security of Users, we recommend verifying all information available on Nuuvem about a particular product before making a purchase.

3.5.4  Nuuvem will refund the amounts paid using the same payment method chosen in the purchase process. It is worth mentioning that, in purchases made with a credit card, the refund will be made through a credit to the invoice (refund). n the case of purchases made with the Nuuvem Wallet, the refund will be carried out by crediting the amount to the User's Nuuvem Wallet account itself."

3.6  In addition to these Terms of Use and Browsing Conditions and the Privacy Policy, the Platform has specific regulations focused on its services provided, functionalities available, procedures, and policies adopted by Nuuvem to regulate forms of payment and use of the forum, for example.

3.6.1  The User understands that for the full use of the Platform, its functionalities, services, and products, it is necessary to read and agree to all terms, policies, and regulations of Nuuvem and the owners of the Digital Content, as applicable.

3.6.2  In case of any discrepancies between the provisions of these Terms of Use and Navigation Conditions, the Privacy Policy, or the regulations of the Platform, the provision in the most specific norm shall prevail.

3.7  Nuuvem reserves the right to suspend a User's access without prior notice if it deems their registration to be irregular or if they violate, directly or indirectly, these Terms of Use and Browsing Conditions of the Platform or any legal provision.

3.7.1  Suspension may cover the Access Account and/or Nuuvem Wallet, depending on the severity and nature of the violation, pursuant to Section 10.4.

3.8  Nuuvem makes every effort to ensure the continuous and permanent availability of the Platform, but is subject to extraordinary events, such as natural disasters, failures or collapses in central communication systems and internet access, or third-party actions, which are beyond its sphere of surveillance and responsibility.

3.9  It is the duty of Users to read the Terms of Use and Navigation Conditions, the Privacy Policy, and other regulations of the Platform whenever accessing it, and to commit to acting in accordance with the provisions of these documents.

3.10  Only Users over 18 (eighteen) years old are allowed to use the Platform. Individuals under 18 (eighteen) years old must be assisted or represented by their legal guardians throughout their navigation on the Platform.

3.10.1  By indicating the date of birth on the Platform, the User declares the accuracy of this information and will be fully responsible for all acts performed therein.

3.10.2  Nuuvem cannot be held responsible for acts committed by individuals under 18 (eighteen) years of age or Users who are incapable of entering into legal relationships under Brazilian law.

3.11  User registration is free of charge and will provide access to the Platform's functionalities.

3.12  Nuuvem may change the eligibility criteria for accessing the Platform or performing activities therein at any time, without the need for any communication or notice to the User. Nuuvem also has the right to refuse to grant Access Accounts to anyone who fraudulently uses or in any way violates or attempts to violate the Platform's Terms of Use and Browsing Conditions or any legal document made available by Nuuvem on the Platform or any law or regulatory act issued by an authority.

3.13  Users may use the contact channels, with the official channels being the email support@nuuvem.com or the contact form on the Support page, to report whenever they witness or find inappropriate content on the Platform.

3.13.1  The report will be confidential and will preserve the User's identity.

3.14  Nuuvem may restrict the number of Licenses for the same Product or different Products that can be acquired by the same User if it deems that the purchase of the same License or multiple Licenses may constitute purchases for resale or commercial exploitation.

4. Platform Communication with Users

4.1  Nuuvem may use all communication channels provided and authorized with its Users, in their various modalities, including but not limited to email, telephone calls, SMS messaging, WhatsApp, or any other form of instant electronic messaging. Communications will be made exclusively to meet purchase requests made on the Platform, to verify compliance with these Terms of Use, or to prevent fraud committed with consumer data.

4.1.1  The responsibility for receiving communications lies exclusively with the Users, so it is essential that they always provide correct and accurate data, and keep it updated whenever they navigate the Platform.

4.1.2  It is also the responsibility of Users to configure their anti-spam systems so that they do not interfere with the receipt of communications and materials sent by Nuuvem or any notices sent by the Platform. No excuse will be accepted if access to any email is not received due to such blocking or similar filtering. 

5. User Privacy on the Platform

5.1  The Platform has its own document, called the Privacy Policy, which regulates the treatment given to registration information and other information and data collected.

5.2  The Privacy Policy is an integral and inseparable part of the Terms of Use and Navigation Conditions of the Platform and can be accessed through the link found in its baseboard.

5.3  If any provision of the Privacy Policy conflicts with any other provision of this document, the provision described in the more specific norm shall prevail. 

5.4 Nuuvem Wallet does not store users’ debit/credit card data or other bank data, subject to the policies of payment intermediaries.

6. Platform Obligations

6.1  Nuuvem undertakes to its Users:

a) Maintain a secure virtual environment, such as its management operations and registered data for this purpose;

b) Preserve the functionality of the site, with unbroken links, using a Layout that respects usability, security, and navigability, facilitating navigation whenever possible and ensuring a reliable environment to process its operations;

c) Display the functionalities clearly, completely, accurately, and sufficiently so that there is an exact perception of the operations carried out; and

d) Ensure, through the available state of the art, the confidentiality of data entered into the functionalities offered on its Platform, only being accessible to those whom the User discloses, in addition to themselves.

6.1.1  Nuuvem may perform preventive or emergency maintenance on the Platform, and therefore, any stoppages, unavailability, or inability to access may occur in these situations. Preventive maintenance will not require notice to Users when it causes any unavailability.

6.1.2  The unavailability of the Platform caused by force majeure or resulting from the maintenance described in this item 6.1.2 will not result in any right to compensation or damages for the time it remains out of use, regardless of the motivation.

7. Users Obligations

7.1  Users undertake to:

a) Navigate ethically, always respecting the conditions governing the use of the Platform, taking responsibility for all actions taken in such environments and outside of it involving the Platform, directly or indirectly;

b) Provide data and information always with a commitment to truthfulness and authenticity, under penalty of legal consequences, the duty to indemnify anyone harmed, and the possibility of having their Access Account to this Platform deleted and their access blocked;

c) In the event of damage to the Platform or third parties, bear all obligations to indemnify Nuuvem itself or any potentially injured party, with Nuuvem not being liable for such losses;

d) Use the resources of this Platform for the purposes for which it was established, subject to the penalties provided by law, the duty to indemnify anyone who may suffer damage, without prejudice to having the Access Account excluded and any and all related benefits lost;

e) Maintain the confidentiality of their Access Account data, password, and other authentication devices in relation to third parties, not disclosing or sharing them with anyone, under penalty of exclusion of the Access Account to the Platform, as well as the duty to compensate for any damages resulting from such improper disclosure; and

f) If they suspect that the confidentiality of their password has been violated or that any authentication device has been compromised, proceed to change or update it as soon as possible.

g) Use Nuuvem Wallet in a personal and non-transferable manner, prohibiting balance transfers or sharing between accounts, as well as any fraudulent or illegal use, pursuant to Section 10.4., regardless of any bugs or platform issues;

h) Save and use only cards owned by the User or for which the User has legitimate authorization; keep data up to date and do not share credentials;

i) Cooperate with security verifications (e.g., 3-D Secure/additional validations) when requested, do not bypass antifraud controls, and promptly report suspected misuse or compromise.

7.2  Users shall use the social interaction and content publishing tools provided by Nuuvem, such as, but not limited to, Forums, Blogs, and comment and review systems, in accordance with their specific rules of use, a commitment expressly accepted by accepting these Terms of Use and Conditions of Navigation. Nuuvem reserves the right to remove any content that violates the Terms of Use and Conditions of Navigation, the specific rules of use of each tool, and other legal documents.

7.2.1  Content that violates the privacy of third parties, such as, but not limited to, materials containing scenes of nudity or private sexual acts, will be removed immediately upon Nuuvem's knowledge regardless of request, with the responsibility for such content solely lying with the User who made it available.

7.3 Users, when using platforms other than Nuuvem, will be subject to the acceptance of the Terms of Use of those platforms.

8. Copyright and Intellectual Property Rights of the Platform

8.1  The commercial use of the expression "Nuuvem" or similar words, even with different spelling, such as trademarks, business names, or domain names, as well as the contents of the Platform screens, computer programs, both proprietary and third-party, databases, networks, and their files, are the property of Nuuvem and/or its partners and are protected by international laws and treaties protecting intellectual property, including, but not limited to, Federal Laws 9.609/98, 9.610/98, 9.279/96, and 10.406/2002.

8.2  By accessing this Platform, Users declare that they will respect all intellectual property rights of Nuuvem and its partners, including, but not limited to, computer programs, copyrights, and industrial property rights over trademarks, patents, domain names, corporate names, and industrial designs, deposited or registered in the name of Nuuvem, as well as all rights related to third parties that may be, or have been, in any way available on the Platform. Accessing or using the Platform's functionalities does not grant Visitors or Users any rights to use names, titles, words, phrases, trademarks, patents, domain names, corporate names, literary, artistic, literary-musical works, images, illustrations, legal documents, data, and information, among others, that may be or have been available therein.

8.3  Reproduction of the aforementioned contents is prohibited, except with prior written authorization from Nuuvem or if intended for strictly personal use without Users acquiring any rights over such content under any circumstances.

8.4 The use of this Platform for commercial, advertising, or any other purposes contrary to the reality for which it was designed, as defined in this document, is prohibited, as well as the reproduction, distribution, and dissemination, in whole or in part, of the texts, figures, and graphics that compose this Platform, without prior express authorization from Nuuvem.

8.5 Users assume all and any responsibility, whether civil and/or criminal, for the misuse of the information, texts, graphics, trademarks, patents, domain names, works, images, logos, in short, of all and any intellectual or industrial property rights existing on this Platform or owned by Nuuvem.

8.6  Any other type of use of authorized material, including for editorial, commercial, or advertising purposes, may only be done with prior express consent from Nuuvem. Unauthorized commercial use may incur civil and criminal infractions.

8.6.1  Any reuse of authorized material must be subject to new authorization from Nuuvem.

8.6.2  The authorization granted for the use of the requested material may not be transferred to third parties, even if linked to the authorized subject.

8.7  The eventual removal of any content or functionality from this Platform due to a complaint should always be understood as a demonstration of the intention to avoid damages and losses and cannot be admitted as an assumption of guilt or violation by Nuuvem of third-party rights.

8.8  Unless specifically provided in an existing contract between Users and Nuuvem, Users retain copyrights to the content submitted to the Platform, such as comments and their content, granting an irrevocable, perpetual, worldwide, unrestricted, royalty-free, and non-exclusive license for reproduction, adaptation, modification, translation, publication, distribution, or display on the Platform itself for the purpose of better using the tool, greater promotion of any product, service, or activity related to the Platform.

8.9  The submission by the User to Nuuvem, through the Platform or through the disclosed channels, of content related to ideas for new products, improvements to existing ones, advertising campaigns, or any other marketing action, will imply authorization for the use of the content by Nuuvem, with it being at the exclusive discretion of Nuuvem to offer any kind of pecuniary reward or non-financial compensation for what was submitted, and the User may not claim anything in this regard.

9. Orders and Payment 

9.1  Users can find the products available on the Platform through the search tool or in the "Games" option, available in a specific and visible location on the Platform.

9.2  Upon locating the desired product(s), the User can click on the available image, and the product information will be displayed, such as a game summary, system requirements, age rating, and additional information. To proceed with the purchase, the User must add the desired items to the cart and then choose the payment method and enter any discount coupons, if available. Upon completing the order, the User must provide the necessary information for payment.

9.3  Payment for orders can be made through the available methods on the Platform, including credit card, bank slip, and electronic transfer and Nuuvem Wallet. The User may combine Nuuvem Wallet with other methods when such functionality is available at checkout. New methods may be made available, and the User can choose their preference based on the Platform's availability at the time of payment.

9.3.1  Nuuvem reserves the right to change billing methods, payment platform partners, services provided, additional registration fields, and anything else deemed necessary for the correct development and operation of the Platform.

9.3.2  Benefits, discounts, or campaigns tied to a specific payment method apply only when 100% of the purchase is settled using that method; in split payments involving Nuuvem Wallet, such benefits do not apply, pursuant to Section 10.4.

9.3.3  Saved Card at checkout. By checking the “Save Card” option at checkout, the User consents to the future use of that payment token to facilitate subsequent purchases. Nuuvem will not run unauthorized automatic charges, and no subscriptions/recurring charges occur without express consent.

9.3.4  Authentication and declines. Transactions with “Saved Cards” may require additional authentication (e.g., 3-D Secure) and remain subject to approval by Payment Intermediaries. Nuuvem may decline or block “Saved Card” use in case of suspected fraud, elevated risk, legal/regulatory order, or breach of these Terms.

9.4  Nuuvem protects its payment pages and Account pages through digital certification, increasing Visitors' security by guaranteeing that all information transmitted between the Visitor's Internet browser and the Platform will be encrypted.

9.5  The following rules apply to refunds for customers requesting refunds based on the right of withdrawal: (a) refunds for payments made by credit card will be made by chargeback on the same card; (b) for purchases with Pix or bank slip, the refund will be made to the consumer's bank account, as informed to Nuuvem (c) Orders paid, in whole or in part, with Nuuvem Wallet: the corresponding amount will be credited back to the User’s Nuuvem Wallet, subject to Balance validity and the other rules of Section 10.

9.6  All transactions will be initiated in the currency indicated in the shopping cart according to Nuuvem’s definitions for the User’s country of access; payment via intermediaries may occur in a different currency, according to the applicable exchange rate and fees for the User’s country of access or intermediary account.

9.6.1 Where distinct regional wallets exist, Balances will be independent per region/currency and will not be converted, offset, or transferred between them, pursuant to Sections 10.4 and 10.5., regardless of any bugs or platform issues.

9.7  Purchased products will be made available to the User once payment confirmation and internal approval by Nuuvem are obtained, except for products purchased on pre-order, which will only be available on the scheduled release date of the game, and the confirmation period may vary depending on the User's chosen payment method. For example, bank slip confirmation may take about 3 (three) business days.

9.8  Nuuvem reserves the right to change the price and availability of any product at any time without prior notice. Price and availability changes will not affect transactions already completed and awaiting payment confirmation or internal approval by Nuuvem.All transactions will be initiated in the currency indicated in the shopping cart, according to Nuuvem's definitions for the User's country of access, and payment through payment intermediaries may occur in a different currency, according to the exchange rate and fees for the User's country of access or account in the intermediary.

9.9  Nuuvem provides Users with a loyalty and rewards program for orders and payments made on the platform, with its own regulations accessible at the webpage https://www.nuuvem.com/drops-program

9.10  Users must provide truthful identification documents, such as their registration number in the Individual Taxpayer Registry - CPF, for the purchase to be validated. The presentation of false documents may constitute criminal misrepresentation.

9.11  Every Order must be placed by the User as an end consumer. Nuuvem reserves the right not to mediate the sale of Licenses if it finds that the User is making the purchase with the intention of resale or commercial exploitation.

10. Nuuvem Wallet

10.1 Acceptance

By registering for and using Nuuvem Wallet, the user agrees to these Terms and Conditions.

10.2. Service

Nuuvem Wallet is a virtual prepaid balance wallet that can be loaded via credits, gift cards, or other methods that may be made available by Nuuvem from time to time. The available balance may be used as a means of payment to purchase products on nuuvem.com or anywhere else Nuuvem Wallet is accepted.

Nuuvem Wallet may be used together with other payment methods offered at checkout, including credit card, debit, coupons, and Drops.

Nuuvem Wallet does not store users’ debit/credit card data or any other bank data.

10.3. Eligibility

Use of Nuuvem Wallet requires an active Nuuvem account and internet access. By default, the wallet will be available to all registered users.

10.4. Use

The Nuuvem Wallet balance is for personal and non-transferable use. Balance transfers between different users’ accounts are not permitted.

The use of Nuuvem Wallet for illegal or fraudulent purposes is prohibited.

Nuuvem Wallet does not issue cards or process financial transactions; such activities are the exclusive responsibility of banks, issuers, and payment methods.

The maximum allowed balance in the Nuuvem Wallet can be verified through this link.

Nuuvem may cancel or suspend Nuuvem Wallet in cases of suspicious transactions, fraudulent behavior, unauthorized resale, exploitation of system flaws, upon the user’s express request, or any violation of these Terms.

Benefits or discounts tied to certain payment methods only apply when 100% of the purchase is paid with that method; if Nuuvem Wallet is used partially, such benefits do not apply. (Example: In a campaign offering a 10% discount exclusively for payments made entirely via credit cardPIX, if the user chooses to split the purchase amount between credit cardPIX and Nuuvem Wallet, the discount will not be applied. This applies even if the Nuuvem Wallet balance was originally loaded using a gift card purchased via credit cardPIX.)

The user may have a distinct wallet for each region where Nuuvem operates, each wallet being linked to the respective local currency. Balances held in wallets from different regions are independent and may not be transferred, converted, or offset between them.

10.5. Assignment/Transfer

As stated in item 10.4, the user may not assign or transfer the rights and obligations related to Nuuvem Wallet, nor share, transfer, or move balances between different users’ accounts.

The user may have a distinct wallet for each region where Nuuvem operates, linked to the respective local currency, and balances held in wallets from different regions are independent and may not be transferred, converted, or offset between them.

Nuuvem may assign these Terms, in whole or in part, at any time, upon notice to the user.

10.6. Balance Validity

The balance available in Nuuvem Wallet is valid for 5 (five) years, automatically renewed from the last incoming or outgoing movement.

In case of inactivity or account closure, the user will have 5 (five) years to use any remaining balance for purchases.

After this period, Nuuvem may allocate the amounts as it deems most appropriate, including converting them into operating revenue.

11. Taxes

11.1 Nuuvem is a company dedicated to facilitating the sale of Licenses between Publishers and Users. Publishers are located in Brazil and other countries.

11.2 Therefore, Nuuvem is not responsible for withholding any taxes that may be imposed on the purchase and sale of Licenses. All taxes required from end customers or Publishers on the Licenses/rights of use acquired must be collected or withheld by the respective taxpayers or responsible parties if there is a requirement for withholding or collection when the purchase is made from a Publisher located outside Brazil.

12. Platform Support

12.1  In case of any doubts about the conditions established in this agreement or any document of the Platform, the User should contact the official channels, either via email at support@nuuvem.com or through the contact form available on the Platform, at address http://secure.nuuvem.com/support

13. Modifications of these Terms and Conditions

13.1  These Terms of Use and Navigation Conditions of the Platform are subject to constant improvement and enhancement, resulting in constant changes and adjustments to their terms. Therefore, Nuuvem reserves the right to unilaterally modify this document at any time, as well as the respective Privacy Policy. Therefore, it is recommended that the User, whenever accessing the Platform, verify the version of the Terms of Use and Navigation Conditions of the Platform made available.

13.2  By browsing the Platform and using its features, Users and Visitors agree to be guided by the Terms and Conditions of Use of the Platform and the Privacy Policy that are in effect on the date, and therefore, they must check them each time they access the Platform.

14. General Provisions

14.1  Users are not permitted to access the programming areas of the Platform, its database, or any other set of information that is part of Nuuvem's activity, to perform or allow reverse engineering, translation, decompilation, copying, modification, reproduction, leasing, subleasing, sublicensing, publication, disclosure, transmission, lending, distribution, or in any other way, make available tools for querying this Platform and its functionalities to third parties without the prior and express authorization of Nuuvem, and any User who does so shall be subject to Brazilian law, without prejudice to the obligation to repair the damages caused.

14.2  The use of spider/crawler programs or data mining, aimed at breaking security systems, passwords, CAPTCHA, or any other similar type or species, as well as any other not typified here, but that acts in an automated manner, either to perform mass operations or for any other purposes, is prohibited, under penalty of the application of related legislation protecting Nuuvem's interests, without prejudice to the obligation to repair any losses and damages eventually determined and/or borne by Nuuvem resulting from this improper use.

14.3  The Platform and the website were developed and made available to be manipulated by individuals, for the specific purpose of commercializing products. Any use outside of this standard must be previously authorized by Nuuvem, and any results from unauthorized use or outside the established standards cannot be used or made available to any individuals without Nuuvem's prior and express authorization.

14.4  The tolerance of any breach of the clauses and conditions of this instrument will not constitute novation of the obligations stipulated herein, nor will it prevent or inhibit their enforceability at any time.

14.5  All records and data storage performed in the Platform environment will be carried out and cataloged based on the UTC/GMT reference time.

14.6  If any provision of these Terms of Use and Browsing Conditions of the Platform is considered illegitimate by the authority of the location where the User accesses the Platform or maintains a connection, the remaining conditions shall remain in full force and effect until further notice.

14.7  To resolve any omissions or specific conflicts concerning Nuuvem Wallet, the rules in Section 10 shall prevail over general payment and usage provisions, as a more specific rule (complementing Section 3.6.2).

15. Applicable Law and Jurisdiction

15.1  These Terms and Conditions of Use described herein are interpreted according to Brazilian law, in the Portuguese language, with the Forum of the District of Rio de Janeiro, State of Rio de Janeiro, Brazil, being elected to settle any dispute, question, or subsequent doubt, with express waiver of any other, no matter how privileged. For legal actions initiated by consumers, the consumer may choose to file the action in the Forum of the District of Rio de Janeiro, or in the forum of the consumer's domicile, according to article 101 of the Consumer Protection Code, for civil liability actions of Nuuvem as a supplier of products and services.

16.  Terms and Conditions of Use for Campaign Supporter

This term applies to you, a user of the service, in the capacity of a "supporter of a campaign" ("User" "Supporter"). From the moment you start the registration and support a campaign, you will be bound by the rules described here, agreeing and committing to faithfully respect them.

If, for any reason, it becomes necessary to modify the rules, you may view them through the same link "Terms and Conditions of Use."

If you do not agree with this term, do not register on Nuuvem to support a campaign.

Nuuvem, through the campaigns launched by companies, seeks to collectively raise funds ("Crowdfunding") for the financing of electronic game projects. Through the platform, it is possible to raise funds from users ("Supporters") interested in financing projects ("support") and, in return, receive the Rewards defined by the Launcher. Thus, Nuuvem acts as an intermediary between the Launcher and the Supporter.

The Launcher, understood as the individual or legal entity intending to launch a campaign, is responsible for the Campaign and for the development of the games. Nuuvem only acts as a platform that connects the Launcher of a campaign and its supporters, having no interference or responsibility in the development of the games that are the subject of the campaigns.

The use of the platform does not generate an employment relationship, employment bond, association, partnership between any Users and Nuuvem. Nuuvem is not a supplier of the products that are the subject of the Campaign.

By accepting these "Terms and Conditions of Use" and using the services of the platform, you declare that you can do so under the terms of current Brazilian legislation.

16.1    Definitions of Terms present in these Terms of Use

Support: It is the amount that the Supporter will contribute to the Campaign of a Launcher, and may involve receiving Rewards in return.

Supporters: They are the users of the platform who will financially collaborate and support a campaign through Crowdfunding. Only individuals over 18 years of age, or emancipated, may be supporters of projects. In the case of minors, support must be provided by their legal representatives.

Project Campaign or Campaign: Set of actions and planning to raise the necessary resources for the execution of the Project.

Successful Campaign: When a Project Campaign reaches the predetermined amount ("Amount") within the deadline ("Deadline"), both established by the Launcher.

Unsuccessful Campaign: When a Project Campaign does not reach the Amount within the Deadline.

Incentives/Rewards: Bonus(es) developed by the Launcher, which may be attributed to contributions made by the Supporter(s), directly linked to them. It is the sole and irrevocable responsibility of the Launcher to fulfill them, in the case of a Successful Campaign. Financing participants of the general project cannot have disposition of trademarks or CNPJ, and cannot be used as Branding. The game's rhymes will need to be approved by the developers before being closed for the rhyme book. CNPJ and trademarks can only participate through negotiations and commercial categories that may be created during the financing project or through a formal agreement with the developers.

Launchers: They are individuals who will create Project Campaign(s) to raise financial resources through Crowdfunding.

Payment Methods: They are service providers aimed at allowing (i) Supporters to collaborate with Projects through Crowdfunding, (ii) Launchers to receive the Amount, (iii) Nuuvem to receive its commission, and (iv) Supporters to be reimbursed within a period of up to 90 days in cases of Unsuccessful Campaign.

Platform: It is the electronic address of Nuuvem, located at the URL www.nuuvem.com.br and its subdomains.

Project: Set of information and actions aimed at creating a product or executing a service. The Launcher is responsible for the project, and Nuuvem has no interference in the project, dates, and deadlines.

Rewards: They are the incentives defined by the Launcher within the Project, which may be offered when the Supporter contributes, and the Supporter may choose whether or not to receive them. Nuuvem is not responsible for fulfilling the Rewards, as they are the responsibility of the Launcher.

Users: Any individual who has registered in their own name, for which they have the authority to do so, and navigates the website www.nuuvem.com.br, agreeing to these Terms and Conditions of Use, whether they are a Supporter, Launcher, or Professional;

16.2  Registration

To register on Nuuvem and have access to campaigns, you must provide the information requested by Nuuvem and fit into the figure of a Supporter. The Supporter declares, under penalty of law, to provide true information.

Banking information or credit card data of Users will also be requested, as appropriate, for making contributions, reimbursements, and transferring funds to Launchers.

We remind you that our Privacy Policy protects all the data you will provide us with and complies with applicable law.

16.3    Password

The access password you register must be kept strictly confidential. This confidentiality is the responsibility of the account holder, and Nuuvem is not responsible for any activities that occur using your password.

16.4    Launched Campaigns

Once the Campaign is launched, the process of raising the necessary funds for its realization will begin. Before supporting a campaign, carefully read the project's rules and these terms of use.

Nuuvem has no responsibility or obligation to promote your Campaign, attract Supporters, and/or ensure that it is Successful.

Nuuvem has no responsibility in cases where the Campaign does not reach the minimum Amount required within the Deadline set by the Launcher.

The campaign will be considered Successful when the predetermined amount ("Amount") is raised within the deadline ("Deadline"), both set by the Launcher.

On the other hand, the Campaign will be considered Unsuccessful when the Amount is not reached within the Deadline.

16.5    Service Availability

Nuuvem does not guarantee that the system will be uninterrupted or free from defects, inaccuracies, interference, security breaches, errors, viruses, or failures ("Inaccuracies"). We do ensure that we will make our best efforts to keep it always available.

16.6    Responsibilities

Nuuvem: Nuuvem shall be responsible as determined by applicable law. As a platform that also offers crowdfunding services, Nuuvem has no control over the acts of the Launcher.

Nuuvem owns the intellectual property rights related to its own service, which are protected by Brazilian laws and international treaties.

The Launcher holds the intellectual property rights to their own Projects and enjoys full protection under the Brazilian legal system, particularly Law No. 9,610/98 - Copyright Law and the Industrial Property Law (Law No. 9,279/96).

Launcher: The Launcher is responsible for the development of the games that are the subject of the campaign and responsible for the Rewards.

The Supporter is aware that they are financing a new project, which may undergo changes, delays, or even unforeseen events that may make the execution of what was planned during the Campaign or even the delivery of Rewards unfeasible, without any liability on the part of Nuuvem, as it is only an intermediary in the relationship between the Supporter and the Launcher for the financing of the Project.

16.7    Final Conditions

If any part of this instrument is deemed invalid or unenforceable, it shall be interpreted in accordance with applicable law to reflect, as closely as possible, the original intentions of the parties, and the remainder of the contract shall remain valid and effective.

Nuuvem shall not be liable for non-compliance with any obligations due to fortuitous events, force majeure, exclusive liability of third parties, or any other exclusion of liability.

The refund scenarios are provided in the Project description, and the User must read them carefully before providing support.

The User may not assign this Agreement or any rights or obligations without the prior written consent of Nuuvem.

 

Update: 10.28.2025

 

Terms of Use and Browsing Conditions for US Users

Nuuvem Platform

Welcome to the Nuuvem Platform. Below, we present the Terms of Use and Browsing Conditions, a document that lists the main rules that must be observed by everyone who accesses this site or uses its tools.

By visiting or using this site, it is assumed that all the terms below have been read and agreed to.

1. Definitions

1.1  For the purposes of this document, the following definitions and descriptions should be considered for a better understanding:

Anti-Spam: System that prevents unwanted correspondence, such as mass advertising, by blocking messages or moving them to a specific folder.

Activation: Validation of information regarding usage licenses, eventually necessary to access certain Games on the platform of the companies that own the Game licenses or, eventually, on the Nuuvem Platform.

Saved Card: Optional checkout feature that allows the User to authorize the storage of a payment token or credential for future use, subject to the rules of the applicable payment processors.

Access Account: Restricted area for the exclusive use of the User, accessible through login and Password, through which the User interacts, carries out transactions, and exchanges personal information with the Platform.

Digital Content: Music, soundtracks, movies, Games, and other similar content available on the Nuuvem Platform.

Crawler / Spider: Program developed to act or obtain information in an automated manner on websites.

Game(s): Type of Digital Content made available on the Nuuvem Platform for download, activation, redemption, or access by Users.

Nuuvem Gift Card: Digital instrument that can be used to load the Nuuvem Wallet or make purchases on the Platform, subject to the specific conditions of these Terms and the rules applicable to the US Store.

Layout: Set comprising the appearance, design, and flows of the Platform.

License(s): License(s) for the use of Digital Content or Games acquired through the Nuuvem Platform. Nuuvem intermediates the sale of Licenses between Publishers and Users or acts in accordance with the commercial model applicable to the US Store. The Licenses grant the User a right and a non-exclusive, limited, and revocable license to use the Digital Content for personal and non-commercial use, except when expressly permitted by Nuuvem in a specific case, at its sole discretion. The acquired license does not confer any title or ownership over the acquired Digital Content.

Link: Terminology for an internet address.

Login: User identification name on the Nuuvem Platform.

Nuuvem: NUUVEM INC., a company incorporated under the laws of the State of Delaware, United States of America, with address at 848 Brickell Avenue, Penthouse 5-G46, Miami, FL 33131, United States of America, registered under Tax ID/EIN No. 99-0376355, herein represented in accordance with its constitutive acts.

Nuuvem Wallet (or “Wallet”): Virtual prepaid balance wallet held by the User on the Platform, when available in the US Store, which can be loaded with credits, gift cards, or other means eventually made available by Nuuvem, and used as a means of payment in accordance with these Terms. The balance is personal, non-transferable, and subject to limits, validity, region, currency, and other applicable specific rules.

The maximum balance allowed in the Nuuvem Wallet, when the feature is available, may be verified through a link, notice, or specific page made available by Nuuvem.

Platform: Virtual environment where the services, Games, and Digital Content that are part of the catalog of sales intermediated or made available by Nuuvem in the US Store are arranged, being offered to Users through the site accessible via the domain “www.nuuvem.com” or other domains, subdomains, or interfaces linked to the US Store.

Publishers: These are the companies that own the rights to the economic exploitation or licensing of the Licenses. Nuuvem intermediates the sale of Licenses by the Publishers to the Users or acts in accordance with the commercial model applicable to each Digital Content. The Publishers may be companies located in the United States or abroad.

Balance: Amount available in the User’s Nuuvem Wallet for use as a means of payment, in accordance with specific rules of region, currency, validity, limits, and availability of the feature in the US Store.

Password: Set of characters that serves as proof of the User’s digital identity, whose knowledge must be exclusive and unique.

Site: Denomination for an internet page.

User(s): Person(s) who has (have) a valid account on the Platform and who accesses (access) or interacts (interact) with the activities offered. Every User must necessarily be an end consumer, with any purchase for the purpose of commercial resale or commercial exploitation being prohibited.

Visitor: Any person who accesses the Platform.

2. Access and Feature Restrictions

2.1  This Platform is dedicated to hosting the Nuuvem virtual environment, whose activity is to allow Users to acquire Licenses to download, activate, redeem, or access Digital Content, especially Games, also allowing the interaction of Users through social tools, when available. The Digital Content is downloaded, activated, or accessed directly from the sites or platforms of the companies that own the Licenses, the Publishers, from other platforms authorized by the Publishers or, in some cases, from the Nuuvem Platform itself, varying according to each specific License acquired.

2.1.1  The Nuuvem Wallet will, when available, be conditioned to Users with an active Access Account, without prejudice to any registration verifications, age verifications, limits, eligibility rules, and anti-fraud controls that may, including, result in the removal or limitation of this feature.

2.2  Nuuvem is a company dedicated to promoting the intermediation, availability, sale, or facilitation of the sale of Licenses by the Publishers to the Users through the Platform, in accordance with the commercial model applicable to the US Store and to each Digital Content.

2.3  Nuuvem is committed to offering its Users an easy, practical, and fast way to have access to Games on the computer, consoles, or smartphones.

2.4  This Platform is directed at Users located in the United States or who access the US Store experience, however, there may be differences in the catalog of Games offered according to the location where the User is situated, regional restrictions, Publisher rules, means of payment, currency, technical availability, or applicable legislation.

2.4.1  In the case of Games in which regional restrictions apply, the User will be guaranteed access to the Game only in the country, region, or territory in which the License is valid, even if there is a technical possibility of access in a different location.

2.4.2  In the event of the access restriction described in item 2.4.1 above, the use of any technological tool, such as, but not limited to, Proxy and VPN, to access Games in a country or region different from the one in which the License was acquired or authorized to the User, is prohibited.

2.5  The purchase of Licenses for commercial resale or for their commercial exploitation is prohibited, such as, for example, in a non-exhaustive manner, the exercise of the economic activity of paid rental of a License, resale of keys, commercial arbitrage, bots, or mass acquisition for non-personal purposes.

2.6  Nuuvem may suspend, limit, or cancel access to the Nuuvem Wallet, the Access Account, purchases, or Platform features in the event of registration irregularities, indications of fraud, violation of these Terms, violation of age rules, legal/regulatory determination, or risk to the security of the Platform.

3. Operation and Conduct of the Platform

3.1  This Platform is presented to the web public in the way it is available, and may undergo constant improvements and updates, with Nuuvem not being obligated to maintain a structure or Layout, except for its own convenience.

3.2  The User interested in acquiring the Digital Content must create an account by providing their e-mail, a Password, and other information requested in the applicable flow.

3.2.1  Each Access Account is limited to acquiring only one License for each Game for personal use, with any commercial use of such License being prohibited. Nuuvem will not provide duplicate Licenses for the same Game to the same User, except where permitted in campaigns, bundles, gift purchases, or specific rules.

3.2.2  The acquisition of item packs for Games is subject to a single price offered at the time of purchase, regardless of whether the User already owns one or more items from that pack. The User will not receive again the same item they already own, receiving only the remaining items in the pack they do not own, when technically applicable and in accordance with the Publisher’s rules.

3.2.3  To complete the purchase, the User must also provide other personal data in accordance with the chosen payment method, such as, but not limited to, full name, Login, display name for the public profile, billing address, phone number, e-mail, payment data, transactional data, information necessary for the calculation or collection of taxes, anti-fraud identification, age verification, and other identification elements that Nuuvem may require to prove compliance with the rules of these Terms of Use and applicable legislation, in particular consumer protection, privacy, protection of children and adolescents, fraud prevention, payments, and taxes applicable to the US Store legislation.

3.2.4  Nuuvem reserves the right to request the User to submit supplementary information and any documents or evidence, in order to confirm the buyer’s identity, the authenticity of their documents, the ownership of the payment method, the User’s age or eligibility, and the legitimacy of the purchase.

3.3  All Licenses marketed may require the creation of an Access Account on a different platform, that is, the platform from which the download, installation, activation, or access to the Games will be made. In cases where Activation is required, a key, link, code, or instruction may be provided in a specific location within the User’s Access Account on Nuuvem.

3.3.1  Due to variations in the distribution method of some Games, it may be necessary for Activation, download, installation, and/or access to the Game to occur through an Access Account on a platform other than Nuuvem. In these situations, information will be provided in a visible and appropriate location on the Game’s description page, before completing the purchase, whenever possible.

3.3.2  The platform described in the item above for accessing the acquired Games may be changed at any time, in accordance with the Publisher’s rules, technical availability, contractual obligations, or third-party circumstances. In the event of a change, the download, installation, and/or access to the Game must be carried out through the replacement platform.

3.4  Nuuvem may, at any time, change the payment methods made available on the Platform, as well as any companies responsible for their intermediation, making it clear to the User which payment methods are available at checkout.

3.4.1  The availability, modification, or discontinuation of the Nuuvem Wallet as a payment method may occur at any time, through an update to these Terms or a specific notice, without prejudice to the respect for the User’s existing Balance, when applicable, and to the specific rules of the feature.

3.4.2  Save card or payment method. The “Save card” feature or equivalent functionality is optional and depends on the User’s consent at checkout. By choosing to save a card or payment instrument, the User authorizes the storage of the applicable token or credential by payment intermediaries, such as Stripe or other processors, with only limited and non-sensitive information remaining at Nuuvem for identification and operation, such as brand, last digits, token, status, and transactional history. The User may manage and delete “Saved Cards” or saved payment methods in their Access Account, when this functionality is available. Deletion does not invalidate transactions already authorized, nor does it prevent legal retentions for fraud prevention, refunds/chargebacks, support, auditing, and compliance with legal obligations.

3.5  Users who make purchases on the Platform will be subject to the refund, cancellation, and support policy applicable to the US Store, as described in these Terms, on the product page, at checkout, in a specific regulation, or as required by applicable legislation. Digital Content, keys, licenses, credits, and digital items may have refund restrictions after viewing, redemption, activation, download, consumption, transfer, or availability to the User.

3.5.1  Nuuvem may confirm in writing the receipt of cancellation, refund, or support requests made through official channels. Nuuvem will analyze such requests in accordance with the applicable policy, the Publisher’s rules, the activation or use status of the Digital Content, the payment rules, and the applicable legislation.

3.5.2  The refund of the payment may only be made if the User meets the requirements of the applicable policy, observing the characteristics of the Digital Content acquired. There may be no refund when the Activation key has been viewed, the content has been activated, redeemed, downloaded, consumed, used, or when there are indications of fraud, abuse, improper chargeback, violation of these Terms, or use for resale.

3.5.3  If the absence of the requirements described above or provided for in the applicable policy is found, Nuuvem reserves the right not to accept the return and not to refund the amount paid and may maintain the availability of the product to the User without prior consultation. For the greater security of Users, we recommend verifying all information available on Nuuvem about a given product before making the purchase.

3.5.4  Nuuvem shall refund the amounts paid, when due, preferably using the same payment method chosen in the purchase process or another method permitted by the payment processor. The timeframe for the refund to become available may vary according to the payment method, processor, issuer, bank, brand, anti-fraud, and applicable rules.

3.6  In addition to these Terms of Use and Browsing Conditions and the Privacy Policy, the Platform may have specific regulations aimed at its services rendered, features made available, procedures, and policies adopted by Nuuvem to regulate payment methods, gift cards, Wallet, campaigns, forums, reviews, loyalty programs, support, anti-fraud, or other services.

3.6.1  The User understands that for the full use of the Platform, its features, services, and products, it is necessary to read and agree to all terms, policies, and regulations of Nuuvem and of the owners of the Digital Content, as applicable.

3.6.2  In the event of any discrepancies between the provisions of these Terms of Use and Browsing Conditions, the Privacy Policy, or the Platform’s regulations, the provisions of the more specific rule shall prevail.

3.7  Nuuvem reserves the right to suspend a User’s access without prior notice if it understands that their registration is irregular or that it violates, directly or indirectly, these Terms of Use and Browsing Conditions of the Platform, the Privacy Policy, age rules, anti-fraud rules, payment rules, or any applicable legal or regulatory provision.

3.7.1  The suspension may cover the Access Account, pending purchases, Licenses, Nuuvem Wallet, credits, Saved Cards, or other features, according to the severity and nature of the violation.

3.8  Nuuvem makes its efforts for the continuous and permanent availability of the Platform, being subject, however, to extraordinary events, such as natural disasters, failures or collapses in central communication systems and internet access, interruptions of providers, payment processors, activation platforms, third-party services, or facts that fall outside its sphere of surveillance and responsibility.

3.9  It is the duty of Users to read the Terms of Use and Browsing Conditions, the Privacy Policy, and other regulations of the Platform whenever they access it, and they must maintain the commitment to act in accordance with what is determined in these documents.

3.10  The US Store is not intended for children under 13 years of age. Currently, Nuuvem does not implement a verifiable parental consent flow for children under 13 years of age. Therefore, Users under 13 years of age may not create an Access Account, make purchases, maintain an active account, access logged-in features, or provide personal data to Nuuvem in the US Store.

3.10.1  By indicating their date of birth, age range, or other eligibility information on the Platform, the User declares the truthfulness of such information and shall be responsible for all acts performed based on it.

3.10.2  Users aged 13 or older, but under 18 years of age, must use the Platform with the knowledge and authorization of their parents or legal guardians, when required by applicable legislation, and remain subject to restrictions on content, age, purchase, payment, and use of third-party platforms.

3.10.3  If the User indicates that they are under 13 years of age, Nuuvem may prevent the creation of an account, block the purchase, limit logged-in features, and cease collecting new personal data, unless it implements a valid verifiable parental consent flow.

3.10.4  If Nuuvem becomes actually aware that an Access Account belongs to a user under 13 years of age, through contact from parents or guardians, support, complaint, information from the User themselves, or other objective data, Nuuvem may restrict, block, suspend, or terminate the account, prevent new purchases or personal data collection, and retain only the data strictly necessary for compliance with a legal, fiscal, accounting, regulatory, anti-fraud, chargeback, support, security, or defense of rights obligation.

3.11  User registration is free of charge and will grant access to the Platform’s features made available for the respective Access Account, subject to the requirements of age, region, eligibility, security, anti-fraud, and applicable legislation.

3.12  Nuuvem may change the eligibility criteria for accessing the Platform or for performing activities therein at any time, without having to make any type of communication or notice to the User, except when required by applicable legislation. Nuuvem also has the option to refuse to grant an Access Account or to restrict an existing account to any person who fraudulently uses or in any way violates or attempts to violate these Terms, the Privacy Policy, any legal document of Nuuvem made available on the Platform, or any law, regulation, order, or normative act issued by a competent authority.

3.13  Users may make use of the contact channels, with the official channels being the e-mail support@nuuvem.com or the contact form on the Support page, to report whenever they witness or verify inappropriate content, irregularity, fraud, misuse, age issues, security, or violation of these Terms on the Platform.

3.13.1  The complaint will be treated with reasonable confidentiality, to the extent permitted by law and by the need for investigation, and Nuuvem may take measures to preserve the security of the Platform, of the Users, and of third parties.

3.14  Nuuvem may restrict the number of Licenses of the same Product or of distinct Products that may be acquired by the same User if it understands that the purchase of the same License or of several Licenses may constitute purchases for resale, commercial exploitation, fraud, promotion abuse, evasion of regional controls, age circumvention, or any other purpose not permitted.

4. Communication of the Platform with Users

4.1  Nuuvem may use all communication channels provided and authorized by its Users, in their most diverse modalities, including, but not limited to, e-mail, telephone, SMS, platform notifications, or another form of electronic message. Communications may be made to fulfill purchase requests, support, security, authentication, age verification, compliance with these Terms, fraud prevention, operational notices, product changes, legal compliance, or other purposes described in the Privacy Policy.

4.1.1  The responsibility for receiving the communications lies exclusively with the Users, which is why it is essential that they always provide correct and accurate data, in addition to keeping it updated, whenever they browse the Platform.

4.1.2  It is equally the responsibility of Users to keep their anti-spam systems configured so that they do not interfere with the receipt of the communications and materials sent by Nuuvem or any notices sent by the Platform, no excuse being acceptable if they have not had access to an e-mail due to such blocking or similar filter.

5. Privacy of Users on the Platform

5.1  The Platform has its own document, called the Privacy Policy, which regulates the treatment given to registration information and other information and data collected in the US Store.

5.2  The Privacy Policy is an integral and inseparable part of the Terms of Use and Conditions of Navigation of the Platform and may be accessed through the link found in its footer or in a location indicated by Nuuvem.

5.3  Should any provision of the Privacy Policy conflict with any other provision of this document, the more specific rule shall prevail.

5.4  The Nuuvem Wallet and the Platform do not store sensitive debit/credit card data or other complete banking data of the User, subject to the policies of payment intermediaries and processors. Nuuvem may store tokens, identifiers, last digits, card brand, status, transaction history and other limited data necessary for operation, security, support, anti-fraud and legal compliance.

5.5  Nuuvem may process personal data of Users under 16 years of age, when it becomes aware of such condition, in accordance with the applicable restrictions of United States privacy legislation, including state rules on sale, sharing, behavioral advertising, opt-in and protection of children and adolescents. For those under 13 years of age, in the absence of verifiable parental consent, Nuuvem may restrict the account, purchase and new collection of personal data.

6. Obligations of the Platform

6.1  Nuuvem undertakes to its Users to:

a) Keep the virtual environment secure, such as its management operations and data recorded for such purpose;

b) Preserve the functionality of the site, with unbroken links, using a Layout that respects usability, security and navigability, facilitating navigation whenever possible and ensuring a reliable environment to process its operations;

c) Display the functionalities in a clear, complete, precise and sufficient manner so that there is an exact perception of the operations carried out; and

d) Ensure, by means of the available state of the art, the confidentiality and reasonable protection of the data entered in the functionalities offered on its Platform, subject to the rules of the Privacy Policy and the applicable technical and legal limits.

6.1.1  Nuuvem may carry out preventive or emergency maintenance on the Platform, and, to such end, any stoppages, unavailability or impossibility of access may occur in these situations, whereby preventive maintenance may dispense with notice to Users when it causes any unavailability. Such notices may not be sent to Users in the event of emergency maintenance that eventually causes unavailability.

6.1.2  The unavailability of the Platform caused by force majeure or resulting from the maintenance described in this item shall not result in any right to indemnification or compensation for damages for the time it remains out of use, regardless of the reason, to the maximum extent permitted by applicable law.

7. Obligations of the Users

7.1  The Users undertake to:

a) Browse with ethical integrity, always respecting the conditions governing the use of the Platform, being responsible for all their actions carried out in such environments and outside them that involve the Platform, directly or indirectly;

b) Provide data and information always with a commitment to truthfulness and authenticity, including age, date of birth or age range when requested, under penalty of application of the appropriate measures, of the duty to indemnify whoever they cause damage to and of having the Access Account deleted, suspended or blocked;

c) In the event of damages to the Platform or to third parties, bear all obligations to indemnify Nuuvem itself or any party eventually harmed, with Nuuvem not being liable for such losses;

d) Use the resources of this Platform for the purposes for which it was constituted, being subject to the application of the measures provided for by law, to the duty to indemnify whoever eventually ascertains damage, without prejudice to having the Access Account deleted and all and any benefits related to it lost;

e) Maintain the confidentiality of the data of their Access Account, their password and other authentication devices with respect to third parties, not disclosing or sharing them with anyone whatsoever, under penalty of deletion of the Access Account to the Platform, in addition to the duty to compensate the damages arising from such undue disclosure;

f) Should they suspect that the confidentiality of their password has been breached or that any authentication device has been compromised, proceed with its change or update as quickly as possible;

g) Use the Nuuvem Wallet, credits, gift cards or benefits, when available, in a personal and non-transferable manner, with the transfer or sharing of Balance between accounts being prohibited, as well as any fraudulent use or use for illegal purposes, regardless of any bugs or occurrences of the platform;

h) Save and use only cards, payment methods or credentials of their ownership or for which they have legitimate authorization; keep their data updated and not share credentials; and

i) Cooperate with security, age, eligibility, authentication or anti-fraud verifications when requested, not circumvent the Platform’s controls and immediately report suspicions of misuse or leakage.

7.2  Users must use the social interaction and content publishing tools provided by Nuuvem, such as, but not limited to, Forum, Blog and comment and review systems, in accordance with their specific rules of use, a commitment expressly accepted by accepting these Terms of Use and Conditions of Navigation. Nuuvem reserves the right to remove any content that violates the Terms of Use and Conditions of Navigation, the specific rules of use of each tool, the Privacy Policy and other legal documents.

7.2.1  Content that violates the privacy of third parties, includes private sexual content, contains improper personal data, is abusive, fraudulent, illegal, violates the rights of third parties or inappropriately exposes minors may be removed upon Nuuvem becoming aware of it, regardless of request, with responsibility for such content lying exclusively with the User who made it available.

Users, when using platforms other than Nuuvem, shall be subject to the acceptance of the Terms of Use of said platforms.

8. Copyright and Intellectual Property of the Platform

8.1  The commercial use of the expression “Nuuvem” or of words that resemble it, but with a differentiated spelling, as trademarks, business names or domain names, in addition to the contents of the Platform’s screens, as well as the computer programs, both proprietary and of third parties, databases, networks and their files, are the property of Nuuvem or its partners and are protected by international laws and treaties for the protection of intellectual property, including copyright laws, trademarks, trade secrets, software and other applicable rules in the United States and internationally.

8.2  By accessing this Platform, Users declare that they will respect all intellectual property rights of Nuuvem and its partners, including, but not limited to, computer programs, copyright, trademark rights, patents, domain names, corporate name and industrial designs, filed or registered in the name of Nuuvem or third parties, as well as all rights relating to third parties that may be, or have been, in any way, available on the Platform. The access to or use of the functionalities of the Platform does not grant Visitors or Users any rights to the use of the names, titles, words, phrases, trademarks, patents, domain names, corporate name, works, images, illustrations, legal documents, data and information, among others, that are or have been available therein.

8.3  The reproduction of the contents described above is prohibited, except with prior written authorization from Nuuvem or if intended for exclusively personal use and provided that under no circumstances do Users acquire any right over such content.

8.4  The use of this Platform for commercial, advertising purposes or any other that contradicts the purpose for which it was conceived, as defined in this document, is prohibited, as well as the reproduction, distribution and dissemination, in whole or in part, of the texts, figures and graphics that make up this Platform, without prior and express authorization from Nuuvem.

8.5  Users assume any and all liability, of a civil and/or criminal nature, for the improper use of the information, texts, graphics, trademarks, patents, domain names, works, images, logos, in short, of any and all intellectual or industrial property rights existing on this Platform or owned by Nuuvem or third parties.

8.6  Any other type of use of authorized material, including for editorial, commercial or advertising purposes, may only be made in the manner and upon prior and express consent from Nuuvem. Unauthorized commercial use may incur civil and criminal infractions.

8.6.1  Any reuse of authorized material must be subject to a new authorization from Nuuvem.

8.6.2  The authorization granted for the use of the requested material may not be transferred to third parties, even if linked to the authorized party.

8.7  The eventual removal of any content or functionality of this Platform because of any complaint shall always be understood as a demonstration of the intention to avoid damages and losses and may not be admitted as an assumption of guilt or of violation by Nuuvem of a third party’s right.

8.8  Except for a specific provision in a contract existing between the Users and Nuuvem, they retain the copyright of the content submitted to the Platform, such as comments and their content, granting an irrevocable, perpetual, worldwide, unrestricted, royalty-free and non-exclusive license to reproduce, adapt, modify, translate, publish, distribute or display on the Platform itself for the purposes of better use of the tool, greater dissemination of any product, service or activity linked to the Platform, to the maximum extent permitted by applicable law.

8.9  The submission by the User to Nuuvem, through the Platform or through the disclosed channels, of content concerning ideas for new products, improvements to existing ones, advertising campaigns or any other marketing action, shall imply the authorization for the use of the content by Nuuvem, it being at Nuuvem’s exclusive discretion to offer any type of monetary reward or non-financial compensation for what was submitted, with the User having nothing to claim in this regard, to the maximum extent permitted by applicable law.

9. Orders and Payment

9.1  The User may find the products made available on the Platform through the search tool or in the “Games” option, available in a specific and visible location on the Platform.

9.2  Upon locating the desired product(s), the User may click on the available image, thereby making the product information available, such as a Game summary, system requirements, content rating, regional restrictions, activation platforms, and additional information. To proceed with the purchase, the User must add the desired items to the cart and then choose the payment method and enter a discount coupon, if applicable. When finalizing the order, the User must provide the information necessary for registration, payment, age verification, fraud prevention, delivery, and legal compliance.

9.3  Payment for orders may be made through the means available on the Platform, including credit cards, debit cards, digital wallets, gift cards, credits, Nuuvem Wallet, means provided by Stripe or other payment processors, when available at checkout. New means may be made available, and the User may choose their preferred one according to availability on the Platform at the time of payment.

9.3.1  Nuuvem reserves the right to change billing methods, payment platform partners, services provided, additional registration fields, and anything it deems necessary for the proper development and operation of the Platform.

9.3.2  Benefits, discounts, or campaigns tied to a specific payment method only apply when the purchase is settled in accordance with the rules of the campaign, the payment method, and the Platform. In payments combined with Wallet, credits, or gift cards, specific benefits may not apply, unless expressly stated otherwise.

9.3.3  Saved Card at checkout. By selecting the “Save card” option or equivalent at checkout, the User consents to the future use of that payment instrument’s token to facilitate subsequent purchases. Nuuvem will not carry out unauthorized automatic charges, and there are no subscriptions/recurring charges without express consent.

9.3.4  Authentication and refusals. Transactions with “Saved Cards” or equivalent payment means may require additional authentication and are subject to approval by the intermediaries, processors, issuers, and anti-fraud mechanisms. Nuuvem may refuse or block the use of “Saved Cards” in the event of indications of fraud, elevated risk, legal/regulatory order, age restriction, or violation of these Terms.

9.4  Nuuvem protects its payment pages, and the Access Account pages through a digital certificate and other security measures, which increases the protection of Visitors and Users through the encryption of information transmitted between the Visitor’s Internet browser and the Platform, without prejudice to the security measures adopted by payment processors.

9.5  The rules applicable to cancellations, refunds, and returns shall be those set forth in these Terms, on the product page, in the US Store’s refund policy, in the terms of the payment processors, and in the applicable legislation. The refund of payments, when due, will preferably be made through the same payment method used in the order, except in cases of technical impossibility, processor rule, legal requirement, or an alternative accepted by Nuuvem.

9.6  All transactions will be initiated in the currency indicated in the shopping cart, according to Nuuvem’s definitions for the US Store and for the User’s country of access, whereby the charge through payment intermediaries may occur in a different currency, in accordance with exchange rates, taxes, fees, and rules specific to the country of access, the User’s account, or the intermediary.

9.6.1  When there are distinct regional wallets, the Balances in the Nuuvem Wallet will be independent by region and currency and will not be converted, offset, or transferred between each other, regardless of any Platform failure or bug, unless expressly stated by Nuuvem.

9.7  The purchased products will be made available to the User once payment confirmation and internal approval by Nuuvem have occurred, with the exception of products acquired in pre-sale, which will be made available only on the expected release date of the game, whereby the confirmation period may vary according to the means chosen by the User, anti-fraud analysis, payment processor, Publisher, stock, activation platform, or applicable verification.

9.8  Nuuvem reserves the right to change the price and availability of any product at any time, without prior notice. The change in price and availability will not apply only to transactions already completed and approved, except in cases of obvious error, fraud, violation of these Terms, impossibility of supply, or legal requirement.

9.9  Nuuvem may make loyalty programs, rewards, credits, drops, or benefits available to the User for orders and payments made on the Platform, subject to its own regulations, accessible at an address, notice, or specific page.

9.10  Users must provide truthful identification documents, billing data, age, address, payment, and other information requested for the purchase to be validated. The presentation of false documents or information may constitute a violation of these Terms and of the applicable legislation.

9.11  Every Order must be made by the User as an end consumer. Nuuvem reserves the right not to carry out the intermediation of the sale of a License if it determines that the User is making the purchase with the intent of resale, commercial exploitation, fraud, circumvention of regional rules, circumvention of age, or any other purpose not permitted.

10. Nuuvem Wallet

10.1 Acceptance

By registering for and using the Nuuvem Wallet, when available in the US Store, the User agrees to these Terms and Conditions and to any specific rules of the functionality.

10.2 Service

The Nuuvem Wallet consists of a virtual prepaid balance wallet, which may be loaded through credits, gift cards, or other forms possibly made available by Nuuvem. The available balance may be used as a means of payment for the acquisition of products on Nuuvem or at any other locations where the Nuuvem Wallet is accepted, subject to the rules of region, currency, eligibility, validity, age, and availability.

The Nuuvem Wallet may be used in conjunction with other payment methods offered at checkout, including cards, coupons, credits, and benefits, when this functionality is available.

The Nuuvem Wallet will not store data of debit cards, credit cards, or any other complete banking data of Users, subject to the policies of the payment intermediaries and processors.

10.3 Eligibility

Use of the Nuuvem Wallet requires an active Access Account and internet access. The wallet may be available to registered Users who meet the requirements of age, region, security, anti-fraud, and other applicable rules.

10.4 Use

The Nuuvem Wallet balance is for personal and non-transferable use. It will not be possible to transfer the balance between accounts of other Users, unless expressly permitted by Nuuvem.

The use of the Nuuvem Wallet for illegal or fraudulent purposes is prohibited.

The Nuuvem Wallet does not issue cards nor process financial transactions, activities that are the responsibility of the respective banks, issuers, processors, and payment methods, when applicable.

Nuuvem may cancel or suspend the Nuuvem Wallet in the event of suspicious transactions, fraudulent behavior, unauthorized resale, exploitation of system flaws, express request by the User, age violation, or any violation of these Terms.

The maximum balance allowed in the Nuuvem Wallet, when applicable, may be verified through a link, notice, or specific page.

Benefits or discounts linked to certain payment methods only apply when the purchase is made in accordance with the rules of the specific campaign or method. Should there be partial use of the Nuuvem Wallet, credits, or gift cards, such benefits may not apply, unless expressly stated.

The User may have a distinct wallet for each region in which Nuuvem operates, with each wallet linked to the respective local currency. The balances existing in wallets of different regions are independent and may not be transferred, converted, or offset between each other, unless expressly ruled by Nuuvem.

10.5 Transfer

As set forth in item 10.4, the User may not transfer or assign the rights and obligations relating to the Nuuvem Wallet, nor may they share, transfer, or move balances between accounts of different Users, unless expressly authorized by Nuuvem.

The User may have a distinct wallet for each region in which Nuuvem operates, linked to the respective local currency, whereby the balances existing in wallets of different regions are independent and may not be transferred, converted, or offset between each other.

Nuuvem may assign these Terms, in whole or in part, at any time, upon notice to the User, when required by the applicable legislation.

10.6 Balance validity

The balance available in the Nuuvem Wallet may have a validity, expiration period, or specific rules of use as indicated by Nuuvem at the time of acquisition, loading, or use, subject to the applicable legislation.

In case of inactivity or account closure, the use of any remaining balance shall be subject to the Wallet rules, applicable laws on unclaimed property, gift cards, prepaid credits, expiration, refund, fraud, and to the support channel made available by Nuuvem.

Once the applicable term has elapsed or a legal or contractual hypothesis of expiration, fraud, chargeback, restriction, or closure has been established, Nuuvem may handle the balance as permitted by applicable law and by the specific rules of the feature.

11. Taxes

11.1  Nuuvem is a company dedicated to performing the intermediation, provision, or facilitation of the sale of Licenses between Publishers and Users, or another commercial model applicable to the US Store. Publishers may be located in the United States or in other countries.

11.2  Taxes, sales tax, use tax, VAT, GST, fees, charges, tariffs, or governmental levies applicable to the purchase, sale, licensing, intermediation, delivery, or use of Digital Content may be calculated, charged, withheld, or collected in accordance with applicable law, the User’s location, the place of charge, the processor’s rules, the Publisher’s rules, and Nuuvem’s criteria. Where Nuuvem is not required to collect a given tax, the User may be responsible for complying with the tax obligations applicable in their jurisdiction.

12. Platform Support

12.1  In case of doubt regarding the conditions established in these terms or any Platform document, the User must contact the official channels, whether via email at support@nuuvem.com or the contact form available on the Platform, at http://secure.nuuvem.com/support or another channel indicated by Nuuvem.

13. Modifications to these Terms and Conditions

13.1  These Terms of Use and Conditions of Navigation of the Platform are subject to constant improvement and enhancement, resulting in constant changes and adjustments to their terms. Thus, Nuuvem reserves the right to modify, at any time and unilaterally, this document, as well as the respective Privacy Policy, subject to the communications or consents required by applicable law. Therefore, it is recommended that the User, whenever accessing the Platform, verify the available version of the Terms of Use and Conditions of Navigation of the Platform.

13.2  By navigating through the Platform and using its features, Users and Visitors agree to be guided by the Terms and Conditions of Use of the Platform and by the Privacy Policy in effect on the date and, therefore, must verify them each time they access the Platform.

14. General Provisions

14.1  Users shall not be permitted to access the programming areas of the Platform, its database, or any other set of information that is part of the activity developed by Nuuvem, to perform or allow to be performed any type of reverse engineering, translation, decompilation, copying, modification, reproduction, rental, sublease, sublicensing, scraping, publication, disclosure, transmission, lending, distribution, or, in any other way, to make consultation tools of this Platform and its features available to third parties without the prior and express authorization of Nuuvem, and the User who does so shall be subject to applicable law, without prejudice to the obligation to repair the damages caused.

14.2  The use of spider/crawler programs, data mining tools, bots, automation, scraping, security bypass tools, password bypass tools, CAPTCHA bypass tools, age gate bypass tools, anti-fraud limitation bypass tools, or any other similar type or category of tool, as well as any other tools not specifically listed herein that operate in an automated manner, whether to perform large-scale operations or for any other purpose, is prohibited. Any violation may result in the application of the appropriate legal and contractual measures, without prejudice to the obligation to indemnify Nuuvem for any losses and damages that may be determined and/or incurred.

14.3  The Platform and the website were developed and are made available to be operated by people, with the specific purpose of commercializing, providing, or intermediating Digital Content. Any use outside this standard must be previously authorized by Nuuvem, and any result arising from unpermitted use or outside the standards established herein may not be used or made available to any persons without the prior and express authorization of Nuuvem.

14.4  Tolerance of any breach of any of the clauses and conditions of this instrument shall not constitute novation of the obligations stipulated herein nor shall it prevent or inhibit the enforceability thereof at any time.

14.5  All records and data storage carried out in the Platform environment shall be performed and cataloged based on the reference time defined by Nuuvem, and UTC/GMT or another standardized technical time zone may be used.

14.6  Should any provision of these Terms of Use and Conditions of Navigation of the Platform be deemed illegitimate, invalid, or unenforceable by a competent authority or by the locality from which the User accesses the Platform, or maintains a connection, the remaining conditions shall remain in full force and effect until further notice.

14.7  To resolve any omissions or specific conflicts regarding Nuuvem Wallet, payment methods, gift cards, credits, campaigns, loyalty programs, or specific features, the specific rules of the feature shall prevail over the general provisions of these Terms, in the event of any conflict.

14.8  The User may not assign, transfer, or delegate these Terms, the Access Account, Licenses, Wallet, credits, benefits, or any rights or obligations hereunder without Nuuvem’s prior express written consent. Nuuvem may assign or transfer these Terms, in whole or in part, to companies within its corporate group, successors, acquirers, affiliates, operational partners, or third parties, subject to applicable law.

15. Applicable Law and Jurisdiction

15.1  These Terms of Use and Conditions of Navigation shall be interpreted in accordance with the federal laws of the United States of America and, where applicable, with the laws of the State of Florida, United States of America, without prejudice to mandatory consumer protection rules, privacy, or other mandatory laws applicable to the User in their jurisdiction.

15.2  Any dispute, claim, or controversy arising from these Terms, the Platform, or the US Store must be submitted to the competent courts located in the State of Florida, United States of America, unless applicable law ensures the consumer a different forum or a specific mandatory procedure.

15.3  Should Nuuvem adopt an arbitration clause, class action waiver, mandatory mediation, or alternative dispute resolution mechanism, such rule must be presented in a specific version of these Terms and shall be subject to the validity requirements of applicable law.

16. Terms and Conditions for Campaign Backers

These Terms apply to the User of the Service in the capacity of a campaign backer (“User” or “Backer”) whenever collective funding, crowdfunding, pre-sale, support, or reward campaigns are made available in the US Store. By registering and pledging to any campaign, the User shall be bound by the rules set forth herein and agrees and undertakes to comply with them faithfully.

Should these rules need to be amended for any reason, the User may review the updated version through the same “Terms and Conditions of Use” link or on the specific campaign page.

If, for any reason, the User does not agree with these Terms, the User should not register with Nuuvem to back a campaign.

Through campaigns launched by third parties or companies, Nuuvem may seek to collectively raise funds for the financing of electronic game projects. Through the Platform, Users interested in financing projects may contribute funds and, in return, receive Rewards established by the Creator. Accordingly, Nuuvem may act as an intermediary between the Creator and the Backer.

The Creator, defined as the individual or legal entity intending to launch a campaign, is solely responsible for the Campaign and for the development of the games. Nuuvem merely operates as a platform connecting Campaign Creators with their Backers and shall have no control over, involvement in, or responsibility for the development of the games that are the subject of the Campaigns, except as expressly provided in specific Campaign rules.

Use of the Platform does not create any employment, labor, agency, partnership, joint venture, or similar relationship between any User and Nuuvem. Nuuvem is not the supplier of the products that are the subject of a Campaign, unless expressly indicated in specific Campaign rules.

By accepting these Terms and using the Platform’s services, the User represents that the User is legally entitled to do so in accordance with applicable law and the applicable requirements regarding age, eligibility, payment, and participation in the Campaign.

16.1 Definitions of Terms Used in these Terms of Use

Pledge: The amount contributed by a Backer to a Creator’s Campaign, which may entitle the Backer to receive Rewards in return.

Backers: Users of the Platform who financially support a Campaign through crowdfunding. Only individuals who satisfy the applicable age, eligibility, payment, and legal capacity requirements may back Projects. In the case of minors, any Pledge must be made by their parents, legal guardians, or as otherwise required by applicable law.

Project Campaign or Campaign: The set of activities and planning undertaken to raise the funds necessary for the execution of a Project.

Successful Campaign: A Project Campaign that reaches the pre-established funding goal (“Funding Goal”) within the established campaign period (“Campaign Period”), both determined by the Creator.

Unsuccessful Campaign: A Project Campaign that fails to reach the Funding Goal within the Campaign Period.

Rewards: Incentive(s) created by the Creator that may be granted according to the amount contributed by the Backer(s), to which they are directly linked. In the event of a Successful Campaign, the Creator shall have the sole and irrevocable responsibility for fulfilling such Rewards, unless otherwise provided in specific Campaign rules.

Creators: Individuals or legal entities that create Project Campaign(s) for the purpose of raising funds through crowdfunding.

Payment Providers: Service providers engaged to enable (i) Backers to contribute to Projects through crowdfunding, (ii) Creators to receive the Funding Goal amount, (iii) Nuuvem to receive its commission or other remuneration, and (iv) Backers to receive refunds, when applicable, in the event of an Unsuccessful Campaign or in any other circumstances provided for under specific Campaign rules.

Platform: It is Nuuvem’s electronic address, located at the URL www.nuuvem.com and its subdomains or other interfaces of the US Store.

Project: A set of information and activities intended to create a product or carry out a service. The Creator is solely responsible for the Project, and Nuuvem shall have no control over the Project, including its schedule or deadlines, except as expressly provided in specific Campaign rules.

Rewards: The incentives established by the Creator within a Project, which may be offered in connection with a Backer’s Pledge. The Backer may choose whether or not to receive such Rewards. Nuuvem shall bear no responsibility for the fulfillment of any Rewards, which shall remain the sole responsibility of the Creator, unless otherwise provided in specific Campaign rules.

Users: Any individual who has registered in their own name, or on behalf of another person with the proper authority to do so, and who accesses www.nuuvem.com or the US Store interfaces after accepting these Terms and Conditions of Use, whether acting as a Backer, Creator, or Professional.

16.2 Registration

To register with Nuuvem and gain access to Campaigns, the User must provide the information requested by Nuuvem and qualify as a Backer. The Backer represents that all information provided is true, complete, and up to date.

Nuuvem may also request payment, billing, identity, age, address, or credit card information, as applicable, for the purpose of processing Pledges, refunds, and the transfer of funds to Creators.

The Privacy Policy protects the information provided and describes how such information will be processed, shared, and stored.

16.3 Password

The registered access password must be kept in absolute secrecy. This confidentiality is the responsibility of the holder, with Nuuvem having no liability for activities that occur through the use of your password, except when required by applicable law.

16.4 Launched Campaigns

Once a Campaign has been launched, the process of raising the funds necessary for its completion shall begin. Before making a Pledge to a Campaign, please carefully read the Project rules and these Terms of Use.

Nuuvem shall have no obligation or responsibility to promote any Campaign, solicit Backers, or guarantee that a Campaign will be Successful.

Nuuvem shall have no responsibility if a Campaign fails to reach the minimum Funding Goal within the Campaign Period established by the Creator, unless otherwise provided in specific Campaign rules.

A Campaign shall be deemed Successful when the pre-established funding goal (“Funding Goal”) is reached within the established campaign period (“Campaign Period”), both determined by the Creator.

Conversely, a Campaign shall be deemed Unsuccessful if the Funding Goal is not reached within the Campaign Period.

16.5 Service Availability

Nuuvem does not warrant that the Platform will operate uninterruptedly or that it will be free from defects, inaccuracies, interference, security breaches, errors, viruses, or failures (“Inaccuracies”). However, Nuuvem undertakes to use commercially reasonable efforts to keep the Platform available.

16.6 Responsibilities

Nuuvem: Nuuvem shall be liable only to the extent required under applicable law. As a platform that may also offer crowdfunding services, Nuuvem has no control over or involvement in the acts or omissions of the Creator, except where expressly provided otherwise in specific Campaign rules.

Nuuvem owns the intellectual property rights relating to its own services, which are protected under applicable laws and international treaties.

The Creator owns the intellectual property rights relating to its own Projects and is entitled to all protections afforded under applicable law.

Creator: The Creator is solely responsible for the development of the games that are the subject of the Campaign and for the fulfillment of the Rewards.

The Backer acknowledges that they are funding a new Project, which may be subject to changes, delays, or unforeseen circumstances that may prevent the Project from being completed as originally contemplated during the Campaign or may affect the delivery of the Rewards. Such circumstances shall not give rise to any liability on the part of Nuuvem, since Nuuvem acts solely as an intermediary between the Backer and the Creator for purposes of financing the Project, unless otherwise required by applicable law or expressly provided in specific Campaign rules.

16.7 Final Conditions

If any part of this instrument is deemed invalid or unenforceable, it shall be interpreted in accordance with applicable law so as to reflect, as closely as possible, the original intentions of the parties, with the remainder of the contract remaining in force and effect.

Nuuvem shall not be liable for the breach of any obligations resulting from acts of God, force majeure, exclusive third-party liability, or any other exclusion of liability admitted by applicable law.

The circumstances under which a refund may be issued shall be set forth in the Project description, the applicable policy, or the Campaign rules. The User is responsible for carefully reviewing such terms before making a Pledge.

The User may not assign this Term or any right or obligation without the prior written consent of Nuuvem.

 

Update: 07.14.2026