MyAlva Student App - Terms of Use

1. What information is included in these Terms of Use?

In these Terms of Use, users of the MyAlva App will find information about:

How the service works and the rules that apply to it;
The set of rules related to the provision of the service;
The user's responsibilities when using the service;
Contact information, in case you need to update your information or have questions;
The authority responsible for handling any complaints in the event that provisions of these Terms of Use have been violated.

In addition, in the Privacy Policy, users of the MyAlva app will find information regarding:

How personal data is processed and for what purpose;
The personal data required from users to provide this service;
Information about cookies;
How the data is processed;
What security measures are used to protect personal data;
Information about sharing data with third parties.

2. Acceptance of the Terms, Duration of Access, and Restrictions

These Terms of Use apply exclusively to the MyAlva App.

Use of the app is conditional upon the prior contracting or use of the services provided by the educational consultant selected by the user's legal guardian, as well as upon prior authorization granted for the processing of personal data necessary for the performance of the contracted services, in accordance with applicable personal data protection laws, including Law No. 13,709/2018 (General Personal Data Protection Law – LGPD) and any other applicable laws.

The legal guardian declares that they are aware that the educational consultant may act, depending on the nature of the established relationship, as a Controller or Processor of Personal Data, and that such processing must be carried out exclusively for legitimate, specific purposes related to the provision of educational services, including communication, document management, academic monitoring, organization of applications, and administrative support for the user.

By using the services provided by the MyAlva App, the user and/or their legal guardian acknowledge that personal data may be collected, used, stored, and shared as described in the applicable Privacy Policy, and expressly agree to the respective terms and conditions.

During the Subscription period, MyAlva grants you limited, non-exclusive, and non-transferable access to use the App solely for your personal use in connection with the educational consulting services provided by the Consultant, subject to the terms and conditions of these Terms. All rights not expressly granted herein are reserved by MyAlva.

With respect to the Services and the MyAlva App, the User may not: (i) sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to third parties in any manner (except that the User may allow its representatives and Consultants to access the Services, as necessary, to fulfill their obligations to the User); (ii) knowingly send or store material containing software viruses, worms, Trojan horses, or other harmful computer codes, files, scripts, agents, or programs, nor upload, publish, promote, or transmit any illegal, harassing, defamatory, abusive, harmful, or otherwise objectionable material of any kind or nature; (iii) interfere with or disrupt the integrity or performance of the Services or the data contained therein; (iv) attempt to gain unauthorized access to the App or its related systems or networks; (v) copy any ideas, features, functions, or graphics from the App or any Content, except for your own internal use; or (vi) reverse engineer, decompile, or disassemble MyAlva's tools, except as expressly permitted by applicable mandatory law that cannot be overridden.

3. Description of the Service

MyAlva App consists of a digital platform designed for communication, organization, document management, and the secure transfer of information between the contracted educational consultant and the user, in the context of guidance and support services for application and admission processes at national and international higher education institutions.

The platform acts exclusively as a technological support tool to facilitate interaction between the parties, enabling the sending, receiving, storing, and tracking of information, documents, and communications related to the university application process.

MyAlva does not directly provide educational services, academic consulting, or university counseling; such services are the sole responsibility of the educational consultant hired by the user and/or their legal guardian.

4. Intellectual Property

Alva Futures holds all rights, titles, and interests, including all intellectual property rights related to the MyAlva App, the Content, and Alva Futures' Technology, as well as any suggestions, ideas, requests for improvements, comments, recommendations, or other information provided by you or any other party related to the Services.

You hereby acknowledge that Alva Futures' technology is highly confidential and agree, at all times, to treat and maintain the MyAlva Technology as confidential, keeping it secret and strictly confidential, using the same degree of care that you use to protect your own confidential information, but in no event less than a reasonable degree of care.

5. What are the obligations of users who use the Services?

While using the service, in order to preserve and protect the rights of third parties, the user agrees to provide only their own personal data, and not that of third parties.

Access credentials (username and password) may only be used by the registered user. The user agrees to keep their password confidential, as it is personal and non-transferable, and is responsible for any misuse resulting from the disclosure of access credentials.

The user of the service is responsible for updating their personal information and for any consequences arising from negligence or errors in the registered personal information.

Alva Futures cannot be held liable for the following events, as they do not result from the use of the MyAlva App service:

Equipment infected or compromised by attackers;
Equipment damaged at the time of service use;
Computer security;
Protection of information stored on users' computers;
Misuse of users' computers;
Illegal monitoring of users' computers;
Existing vulnerabilities or instabilities in users' systems;
Insecure perimeter.

Under no circumstances will Alva Futures be liable for the installation of malicious code (viruses, Trojans, malware, worms, bots, backdoors, spyware, rootkits, or any others that may be created) on the user's or a third party's equipment as a result of the user's Internet browsing.

6. What are Alva Futures' responsibilities regarding personal data?

Alva Futures is committed to complying with all obligations arising from legislation regarding the protection of personal data, as well as to ensuring all users' legal rights and safeguards. It is Alva Futures' responsibility to implement security controls to protect users' personal data.

Alva Futures may, in response to court orders requesting information, share information necessary for investigations or take measures related to illegal activities, suspected fraud, or potential threats against individuals, property, or systems that support the Service, or as otherwise necessary to comply with our legal obligations. In such cases, Alva Futures will notify users, unless the proceedings are under judicial secrecy or such communication is not permitted by law.

You acknowledge that, in order for Alva Futures to provide the services, it will be necessary to collect personal data. Alva Futures does not own any of the user's personal data, nor any information or materials that you may submit to Alva Futures or that Alva Futures may store during your use of the Services.

Alva Futures will not share, publish, disclose, sell, or otherwise transfer personal data to third parties. Alva Futures will not sell, rent, or disclose any personally identifiable information to third parties without your prior and explicit consent, except in any of the following instances:

You are solely responsible for the accuracy, quality, integrity, legality, reliability, suitability, and intellectual property or right of use of all personal data entered into the MyAlva App, and Alva Futures shall not be liable for the deletion, correction, destruction, damage, loss, or failure to store any Personal Data. Your data will be stored with Google Brazil, with whom we have entered into a Data Protection Agreement.

Alva Futures may, however, use personal data to aggregate, publish, or disclose, in an anonymous manner, performance benchmarks or other data metrics regarding the use of the Service.

7. Disclaimer

THE SERVICES, ALVA FUTURES' TOOLS, AND THE CONTENT ARE PROVIDED TO THE USER STRICTLY “AS IS.”

ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS WITH RESPECT TO THE SERVICE, ALVA FUTURES' TOOLS, OR THE CONTENT, ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW BY ALVA FUTURES (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNS) AND ITS LICENSORS. WITHOUT LIMITING THE FOREGOING, ALVA FUTURES MAKES NO REPRESENTATIONS, WARRANTIES, OR PROMISES REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTHFULNESS, AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE SERVICES, ALVA FUTURES' TOOLS, OR ANY CONTENT. ALVA FUTURES (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNS) DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICES OR ALVA FUTURES' APPS WILL BE TIMELY, UNINTERRUPTED, OR ERROR-FREE, OR THAT THEY WILL WORK IN CONJUNCTION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA, (B) THE ALVA FUTURES SERVICES AND TOOLS AND/OR OR THEIR QUALITY WILL MEET YOUR NEEDS OR EXPECTATIONS, (C) ANY CONTENT WILL BE ACCURATE OR RELIABLE, (D) ERRORS OR DEFECTS WILL BE CORRECTED, OR (E) THE SERVICES, ALVA FUTURES' TOOLS, OR THE SERVER(S) THAT HOST THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Internet Delays

THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS.

ALVA FUTURES IS NOT LIABLE FOR ANY DELAYS, FAILURES IN DELIVERY, OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS.

8. Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL ALVA FUTURES' TOTAL LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY YOU DURING THE BILLING PERIOD IN WHICH THE EVENT GIVING RISE TO SUCH CLAIM OCCURRED. UNDER NO CIRCUMSTANCES WILL ALVA FUTURES BE LIABLE TO ANY PERSON FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC BENEFIT) ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE THE SERVICES, OR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICES, ANY INTERRUPTION, INACCURACY, ERROR, OR OMISSION, EVEN IF YOU HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Term and Termination

The service provided through the MyAlva App is paid for by the Consultant. Users are granted access to the App through their Consultant and are not required to pay a separate fee to Alva Futures to download or use it. The licence is made available to the Consultant for a single university application cycle (being the university entry intake for which the User is registered by the Consultant), and the User may access the service only by invitation from the Consultant. If the User is subsequently registered by the Consultant for a different university entry intake, this shall constitute a new university application cycle. Use of the service may be suspended, or the User's authorization to access the App revoked, if the Consultant fails to make the required payment, withdraws the User's authorization, or upon completion of the applicable university application cycle. No refund will be issued as a result of such suspension or revocation.

Any breach of your payment obligations, unauthorized use of the Service, or other failure to comply with the terms of this Agreement shall be considered a material breach of this Agreement and shall entitle Alva Futures, without prejudice to any other remedies available to it, to immediately suspend or terminate this Agreement without the right to any refund.

10. Miscellaneous Provisions

These Terms of Use shall be governed exclusively by the laws of the Federative Republic of Brazil.

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be interpreted, to the extent possible, to reflect the intentions of the invalid or unenforceable provision, with all other provisions remaining in full force and effect.

Alva Futures' failure to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by Alva Futures in writing.

This Agreement may not be assigned by you without the prior written approval of Alva Futures, and any assignment without such prior written consent shall be null and void.