License Terms for the Use of an Audiovisual Work

Courtesy translation. The binding text is the original Portuguese version; in case of any discrepancy, the Portuguese version prevails.

1. PARTIES AND ACCEPTANCE

1.1. These Terms are entered into by RUDOLFO AUFFINGER TECNOLOGIA DA INFORMAÇÃO LTDA, trading as PUPILO DIGITAL, Brazilian company registration (CNPJ) 39.772.927/0001-85, with headquarters at Rua Bernardo Rosenmann, 437, Tingui, Curitiba/PR, Brazil, postal code 82600-130 ("PUPILO") and the individual or legal entity identifying itself as the rights holder of the registered audiovisual work ("RIGHTS HOLDER").

1.2. The RIGHTS HOLDER accepts these Terms through electronic acceptance on the platform, which records name, email, date, time and IP address. This acceptance has the same validity as a signature.

1.3. If the RIGHTS HOLDER does not agree with any provision, they should not accept these Terms.

2. THE PLATFORM

2.1. The PUPILO educational platform (pupilo.tv.br) brings together films, mostly short films, with teaching guides aligned with Brazil's National Common Curricular Base (BNCC), for use by registered teachers, educators and curators ("USERS").

2.2. Access to the full works is restricted to USERS with an active account. The work's credits, synopsis, images and trailer may be shown publicly on the website.

2.3. PUPILO may, in the future, charge USERS a subscription. In that case, the remuneration rules in section 6 apply.

3. REGISTRATION AND DECLARATIONS OF THE RIGHTS HOLDER

3.1. The RIGHTS HOLDER declares that: (a) they are at least 18 years old or legally emancipated; (b) if a legal entity, the person accepting has the power to represent it; (c) the registration information is true and will be updated whenever it changes.

3.2. The RIGHTS HOLDER declares that they hold the economic rights to the work required to grant this license, or have authorization from whoever holds them, and that there is no encumbrance or contractual restriction preventing the license.

3.3. The RIGHTS HOLDER is solely responsible for rights, fees and credits owed to the people and companies involved in producing the work, except for public performance rights for music, which by law are the responsibility of whoever carries out the public screening.

3.4. The RIGHTS HOLDER will state the work's age rating, in accordance with Brazilian law.

3.5. PUPILO may request documents proving the information and ownership. If they are not sent within 10 (ten) business days, the work may be removed until the matter is resolved.

4. THE LICENSE

4.1. The RIGHTS HOLDER grants PUPILO a NON-EXCLUSIVE, FREE and REVOCABLE license, valid in all territories, to:

a) make the work available by streaming, without download, to the platform's USERS;

b) allow USERS to screen the work in class and in educational activities, in person or remotely, without an admission fee;

c) include the work in free in-person Cineclube Pupilo screenings and PUPILO festivals, with prior notice to the RIGHTS HOLDER, who may decline the specific screening;

d) present the work together with a synopsis, reviews, teaching guides, BNCC codes and skills, and lesson plans prepared by PUPILO, its curators or USERS, and allow USERS to comment on and suggest teaching content about the work;

e) use clips of up to 60 (sixty) seconds, photos, the poster, the trailer and registration data to promote the work and the platform, in any medium.

4.2. PUPILO may include its ident before the work, without altering the work itself.

4.3. Screenings with admission fees, individual sales (TVOD) or licensing to third parties are NOT included in this license and require a specific agreement with the RIGHTS HOLDER.

5. TERM AND WITHDRAWAL

5.1. The license is valid for an indefinite period, from acceptance, until the RIGHTS HOLDER requests withdrawal.

5.2. The RIGHTS HOLDER may withdraw the work at any time, without penalty or justification: (a) through their account on the platform, in which case access to the full work is blocked immediately; or (b) by email to licenciamento@pupilo.tv.br, in which case PUPILO will block access within 5 (five) business days.

5.3. Withdrawal does not affect in-person screenings already held, nor the history, credits and teaching guides already published, which remain on the website as a record of the collection, unless the RIGHTS HOLDER expressly requests their removal.

5.4. PUPILO may, at its discretion, stop showing the work at any time, notifying the RIGHTS HOLDER.

6. REMUNERATION

6.1. At this time the license is free. The RIGHTS HOLDER acknowledges that the platform is maintained by PUPILO with its own resources and funding from cultural projects, and that there is currently no revenue from showing the works.

6.2. If PUPILO starts charging USERS a subscription, the revenue will be used primarily to cover the platform's structure (servers, streaming, staff, curation and development) during the first 5 (five) years of active billing.

6.3. After 5 (five) years of active billing, PUPILO will allocate 25% (twenty-five percent) of net subscription revenue to a fund shared among the RIGHTS HOLDERS of the available works, in proportion to each work's views in the period, with an annual report and payment within 30 (thirty) days of the report, upon an invoice or receipt from the RIGHTS HOLDER.

6.4. Net revenue is the amount actually received by PUPILO from subscriptions, minus taxes, payment fees and streaming costs.

6.5. Before that period, PUPILO may propose per-work remuneration in projects with a specific licensing budget, under a separate agreement.

7. PROTECTION OF THE WORK

7.1. The work is hosted on a streaming server contracted by PUPILO, with no download option and accessible only to USERS with an account.

7.2. USERS accept the platform's Terms of Use, which prohibit copying, recording, sharing or screening the work for a fee. PUPILO is not liable for violations committed by USERS, but will block access for anyone who breaks the rules, once it becomes aware.

8. CONTENT NOT ACCEPTED

8.1. Works will not be made available if they: violate third-party rights or the law; contain explicit sex, pornography or extreme violence out of context; incite discrimination or hatred; or are inappropriate or offensive to children and teenagers.

8.2. PUPILO's curators decide which works join the collection and may remove any work at any time.

9. THIRD-PARTY CLAIMS

9.1. If a third party claims an irregularity in the rights to the work, PUPILO may suspend the work as a precaution and will notify the RIGHTS HOLDER, who must provide documents proving ownership.

9.2. The RIGHTS HOLDER is liable for damages caused to PUPILO or USERS due to false information about ownership of the work.

10. PERSONAL DATA (LGPD)

10.1. PUPILO processes the RIGHTS HOLDER's data (name, email, phone, documents and data about the work) to carry out this license, promote the work, send reports and share platform news, on the basis of contract performance and legitimate interest, in accordance with Brazilian Law 13,709/2018.

10.2. The RIGHTS HOLDER may request access to, correction of or deletion of their data by email at licenciamento@pupilo.tv.br. Data required to record the license and payments will be kept for the legal period.

11. PREVIOUS TERMS

11.1. For works licensed under the 2023 terms, those terms remain valid until the end of their period, unless the RIGHTS HOLDER accepts these Terms, which then apply to the work.

12. CHANGES AND JURISDICTION

12.1. PUPILO may update these Terms. Changes affecting the license (section 4), remuneration (section 6) or withdrawal (section 5) only apply to the work if the RIGHTS HOLDER accepts the new version.

12.2. Brazilian law applies. The courts of Curitiba/PR, Brazil, are chosen to resolve any matters arising from these Terms.