PHIZ LIVE FUNCTIONAL AGREEMENT

LAST UPDATED: 15/12/2023

Welcome to the Phiz Live service!

To use Phiz Live and its associated features (hereinafter referred to as "Live"), you must read and agree to the terms of the Phiz Live Function Usage Agreement (hereinafter referred to as "this Agreement"). This Agreement constitutes a specific service contract that supplements the Phiz User Agreement.

We kindly ask that you carefully read and fully understand the contents of the Phiz User Agreement, the Phiz Privacy Policy, the Code of Conduct for Live Streaming on PhizLive (hereinafter collectively referred to as the "related agreements"), and this Agreement—especially the clauses that limit or exempt Phiz from liability. These clauses may be highlighted in bold, underlined, or formatted in other ways to draw your attention.

1.1 Live Streaming Function: Refers to the feature provided by Phiz through which Phiz users can broadcast live streams in a live room environment to other users. Hereinafter referred to as the "streaming function" or simply "live."

1.2 Streaming-Related Features: Refer to one or more additional features offered by Phiz based on the live streaming function. Abbreviated as "related features" or "related resources." In this Agreement, both the streaming function and related features are collectively referred to as "streaming and related features" or "this functionality."

1.3 Streamer: Refers to a user over 18 years old who has completed identity verification and uses the streaming and related features to broadcast real-time content via video, audio, images, and text to other Phiz users. Hereinafter referred to as "streamer" or "broadcaster."

1.4 Viewer: Refers to a Phiz user who watches live streams and interacts through the related features. Hereinafter referred to as "viewer."

2.1 Unless otherwise specified, this Agreement applies to users, streamers, and viewers, all of whom are hereinafter referred to as "you." This Agreement is entered into between you and Phiz to govern your use of this functionality.

2.2 Currently, this functionality is not available to individuals under 18 years old in the role of streamers.

3.1 Phiz reserves the right to determine which users may enable this functionality, as well as the criteria required for activation.

3.2 To activate the functionality, you must comply with all applicable laws and regulations and possess the necessary legal qualifications or have obtained approval from relevant government authorities when required.

3.3 If a streamer acts on behalf of a legal entity or has express authorization from one, that entity will be responsible for supervising and regulating the authorized streamer's conduct.

3.4 You should be aware that if your Phiz account is linked to PhizPay, you may use PhizPay's payment services within the related functionalities.

3.5 Phiz provides technical support only for this functionality. You must understand that activating and using this function does not establish any employment, service provision, or labor relationship between you and Phiz.

4.1 You represent that you have full legal capacity and the necessary qualifications to use this functionality.

4.2 You understand and agree that the use of your Phiz account linked to this functionality is solely your responsibility.

4.3 You are responsible for keeping your account username and password secure.

4.4 You must cooperate with Phiz in the identity verification process (real-name verification).

4.5 Your use of this functionality must be lawful and comply with all applicable laws and regulations.

When using the live streaming functionality and its related features, streamers must comply with the following specific rules:

5.1 The streamer understands and agrees that they are directly responsible for the content of their broadcasts.

5.2 If the streamer becomes aware that the company they represent is ordering or encouraging broadcasts that violate this Agreement, they must refuse to comply.

5.3 The streamer must ensure the personal and property safety of themselves and others during the broadcast.

5.4 The streamer acknowledges that Phiz has the right to establish a reputation evaluation system and blacklist for streamers.

5.5 The streamer must comply with local laws and regulations, as well as respect the customs and cultural values of the region where they are located.

5.6 Both streamers and viewers must understand and agree to fully comply with the rules set forth in the "Phiz Live Streaming Conduct Policy."

6.1 You understand and agree that the intellectual property rights over the content provided by Phiz in this functionality belong to Phiz.

6.2 Phiz, based on currently available technology, will make its best efforts to ensure the normal operation of the functionality.

6.3 Phiz reserves the right to adjust, modify, improve, optimize, update, or discontinue this functionality according to its business strategies.

6.4 To meet business purposes and ensure operational security, Phiz has the right to independently define the criteria and eligible audience for feature activation.

6.5 You understand and agree that, as required by laws and regulations, Phiz will store live stream content.

This functionality will follow the provisions of the Phiz Privacy Policy regarding the protection of personal data. Likewise, you agree to fully comply with such provisions.

8.1 If Phiz identifies on its own or receives reports or complaints from third parties about behaviors or content that violate laws and regulations, Phiz shall have the right to take immediate action.

8.2 You understand and agree that Phiz has the right to take appropriate measures against behaviors that violate laws and regulations or this Agreement.

8.3 You understand and agree that if your conduct during the use of this functionality violates this Agreement, you commit to protecting and indemnifying viewers, Phiz, its employees, affiliated companies, agents, and contractors.

During the provision of technical services, it is inevitable that Phiz will incur operational and technical costs related to the channels. Phiz reserves the right to charge technical service fees for the use of this functionality.

10.1 You understand and fully agree that you are solely responsible for all your actions while using this functionality.

10.2 You understand and agree that service interruptions may occur due to force majeure events.

10.3 You understand and agree that Phiz shall not be legally liable for service failures or interruptions caused by certain circumstances.

11.1 The content of this Agreement also includes Phiz's internal regulations and any other relevant agreements.

11.2 Phiz reserves the right to unilaterally modify this Agreement whenever necessary.

11.3 The place of execution of this Agreement is the Court of the District of Rio de Janeiro - RJ.

11.4 The formation, validity, execution, interpretation, and dispute resolution related to this Agreement shall be governed by Brazilian law.

11.5 If any controversy or dispute arises between you and Phiz, both parties shall first seek to resolve it through amicable negotiation.

11.6 All clause titles in this Agreement are for reading convenience only, have no legal meaning of their own, and may not be used as a basis for interpreting the content of this Agreement.

If you have any questions or concerns regarding our Functional Agreement, please contact us.