Terms of Use

1. Acceptance of the Terms

By accessing or using the HomeMarket app ("App"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree with any part of these terms, you may not access or use our services.

HomeMarket is operated by HOME MARKET CONSULTORIA E TECNOLOGIA LTDA., registered under CNPJ No. 61.837.796/0001-26, with its head office at Av. Eng. Luiz Carlos Berrini, 1748, Cj 1710 e 1 Vg, São Paulo, SP, ZIP code 04.571-000, Brazil ("HomeMarket", "we", "our").

2. Description of the Service

HomeMarket is a technology platform that connects consumers ("Buyers") to independent sellers ("Sellers") for the purchase and delivery of grocery and convenience products. HomeMarket acts as a technological intermediary, facilitating the connection between the parties.

2.1. HomeMarket is NOT a supermarket, grocery store, or commercial establishment that sells products. We do not own the products sold through the platform.

2.2. Sellers are independent individuals or legal entities who use our platform to sell products, being solely responsible for the quality, origin, storage, and expiration of the products offered.

2.3. Legal nature of the relationship with HomeMarket

Access to and use of the App establish between you and HomeMarket a relationship of a strictly civil and commercial nature, governed by these Terms and by the legislation applicable to the provision of technological intermediation services. Under no circumstances shall such relationship be interpreted as constituting an employment relationship, subordinate labor, mandatory social-security relationship with HomeMarket or any relationship that grants labor rights set forth in the Brazilian Consolidated Labor Laws (CLT) or equivalent rules as against HomeMarket, including with respect to vacations, severance fund, prior notice, statutory bonuses, or other amounts of a salary nature. Likewise, there is no, solely by reason of the use of the platform, corporate, exclusive-representation, or agency relationship that implies the legal subordination typical of employment between users and HomeMarket.

2.3.1. Buyers acknowledge that the acquisition of products gives rise to a consumer and/or civil relationship directly with the Seller regarding the goods, and a relationship with HomeMarket limited to technological intermediation and to the platform services described in these Terms, without employment or labor relationship with HomeMarket.

3. Registration and Account

3.1. To use the App, you must create an account by providing true, complete, and up-to-date information. You are responsible for maintaining the confidentiality of your password and for all activities carried out in your account.

3.2. You must be at least 18 (eighteen) years of age to create an account and use our services.

3.3. We reserve the right to suspend or cancel your account at any time if a violation of these Terms or misuse of the platform is found.

4. Use of the Service by Buyers

4.1. By placing an order, you agree to pay the indicated price of the products, plus the applicable service and delivery fees.

4.2. Product prices and availability may vary according to the Seller and the location.

4.3. The estimated delivery time of 15 (fifteen) minutes is a goal and not a guarantee. Actual delivery time may vary depending on traffic conditions, weather, Seller availability, and other factors.

4.4. You undertake to be available at the delivery address provided at the time the order is received.

4.5. The Buyer acknowledges that using the App to place orders constitutes a relationship of a civil and consumer nature with the Seller regarding the products, and a civil and commercial relationship with HomeMarket limited to technological intermediation, without any employment or labor relationship with HomeMarket.

5. Use of the Service by Sellers

5.1. Sellers are autonomous economic agents, acting on their own account and risk, and have no employment, labor, or social-security relationship with HomeMarket. Likewise, solely by reason of the use of the platform, no corporate, exclusive commercial representation, or legal subordination relationship typical of employment is created. Amounts charged for the use of the technological services (including commissions) constitute consideration for intermediation and platform services, and do not constitute salary, labor remuneration, or amounts of a similar nature.

5.1.1. The Seller represents and warrants that it holds all licenses, permits, authorizations, and permissions required by applicable legislation — federal, state, and municipal — for the exercise of the activity of acquiring and reselling products at the location where it operates, including the relevant sanitary and tax rules. When the activity is carried out on a property subject to a condominium or equivalent entity, the Seller is solely responsible for complying with internal bylaws, conventions, administrative or assembly rules, and for obtaining the required consents or authorizations, releasing HomeMarket from any duty to obtain, validate, or oversee said permissions on its behalf.

5.1.2. The Seller uses the platform to advertise, promote, and enable the sale of products that it acquires with a view to resale, in a civil and commercial relationship with Buyers. HomeMarket does not employ the Seller, does not supervise the Seller's commercial conduct outside the use of the platform, and does not replace the Seller's legal obligations toward third parties or public bodies.

5.2. The Seller is fully responsible for:

• Keeping products under adequate storage and conservation conditions;
• Ensuring the origin and quality of the products sold;
• Complying with all applicable sanitary rules and regulations;
• Keeping product information up to date and truthful;
• Making deliveries within the agreed timeframe;
• Issuing tax documents when applicable;
• Complying with the Consumer Protection Code (Lei nº 8.078/90).

5.3. HomeMarket will charge a commission on each sale made through the platform, according to the percentages informed at the time of the Seller's registration.

5.4. Suspension, deactivation, and banning of Seller accounts. HomeMarket may, at its sole discretion and without prior notice, suspend, deactivate, or ban the account of any Seller whenever it understands, on reasonable grounds, that the account is not being used in compliance with these Terms or that its conduct compromises the security, trust, or proper functioning of the platform. The following constitute grounds for such measures, by way of example and not exhaustively:

• Advertising, promoting, or encouraging sales outside the App or through other platforms, channels, or applications, as well as enticing Buyers to transact outside HomeMarket with the purpose of circumventing the payment of the commissions and fees due;
• Violating these Terms, the applicable legislation, or third-party rights;
• Selling prohibited, illicit, counterfeit, expired, adulterated products, or products unfit for consumption;
• Providing false, misleading, or outdated information about identity, location, products, or prices;
• Engaging in fraud, payment manipulation, creation of fictitious orders, or any attempt to circumvent the platform's mechanisms;
• Operating without the licenses, permits, sanitary authorizations, or condominium permissions required for the activity;
• Accumulating repeated complaints from Buyers, recurring negative reviews, or habitually failing to meet delivery deadlines and conditions;
• Engaging in abusive, disrespectful, discriminatory, or threatening conduct toward Buyers, other Sellers, or the HomeMarket team;
• Creating or maintaining multiple accounts for fraudulent purposes or to circumvent prior suspension or banning measures.

5.4.1. Suspension, deactivation, or banning does not relieve the Seller of the obligations undertaken up to the date of the measure, nor does it give rise to a right to compensation. Whenever possible and appropriate, HomeMarket may notify the Seller of the reason for the measure and, at its discretion, grant a period for remediation before applying it definitively.

5.5. Demotion and reduced visibility. Regardless of the measures provided for in clause 5.4, HomeMarket reserves the right, at its sole discretion, to demote, reduce the prominence, visibility, or positioning of Seller accounts in search results, storefronts, recommendations, and other promotional spaces of the App, as well as to cease promoting them, whenever the experience offered to Buyers compromises the growth, reputation, or proper functioning of the platform. The following are factors that may give rise to such measures, by way of example and not exhaustively:

• Excessively long delivery times or times well above the average;
• Delivery of orders after the expected timeframe or recurring failure to meet the agreed schedules;
• Products delivered in unsatisfactory condition, damaged, with tampered packaging, or not in accordance with the order;
• Poor user experience for the Buyer, including deficient service, inadequate communication, or lack of courtesy;
• Low ratings, repeated complaints, or high rates of cancellation, refusal, or no-show by the Seller;
• Listing products with inaccurate information, low-quality photos, outdated prices, or inconsistent stock;
• Low order acceptance rate, frequent unavailability, or high response times;
• Any conduct that harms Buyers' trust in the platform or discourages new purchases.

5.5.1. Demotion measures are operational in nature and aim to preserve the quality of the platform experience. They do not constitute a penalty nor give rise to a right to compensation, and they may be reversed at HomeMarket's discretion as the Seller's quality indicators are restored.

6. Payments

6.1. HomeMarket uses third-party payment processors to process transactions. By providing payment information, you authorize the charging of the amounts due.

6.2. We accept the following payment methods: PIX and credit card.

6.3. Sellers will receive the value of the sales, less HomeMarket's commission, according to the transfer schedule established in a specific contract.

7. Cancellations and Refunds

7.1. Orders may be canceled by the Buyer before confirmation by the Seller, at no cost.

7.2. After the order is confirmed, cancellation is subject to review and may incur a partial or full charge of the amount.

7.3. In the case of defective, damaged products, or products not in accordance with the order, the Buyer may request a refund or replacement within 7 (seven) days after receipt, as provided for in the Consumer Protection Code.

7.4. Refunds will be processed using the same payment method used in the purchase, within 10 (ten) business days after approval.

8. Intellectual Property

All content of the App, including but not limited to texts, graphics, logos, icons, images, audio clips, digital downloads, and data compilations, is the property of HomeMarket or its licensors and is protected by Brazilian copyright and intellectual property laws (Lei nº 9.610/98 and Lei nº 9.279/96).

9. Limitation of Liability

9.1. HomeMarket is not responsible for:

• The quality, safety, or legality of the products offered by Sellers;
• The truthfulness of the information provided by Sellers;
• Damages arising from delivery delays caused by factors beyond the platform;
• Temporary unavailability of the App due to maintenance or technical failures;
• Acts of third parties or force majeure.

9.2. Our total liability to you, for any claim arising out of or related to the use of the App, will be limited to the amount you paid in the transactions that gave rise to the claim.

10. User Conduct

You agree NOT to:

• Use the App for illegal or unauthorized purposes;
• Violate any applicable laws;
• Provide false or misleading information;
• Interfere with or disrupt the integrity or performance of the App;
• Attempt to gain unauthorized access to the App or its systems;
• Use the App to send spam or unsolicited content;
• Create multiple accounts for fraudulent purposes.

11. Modifications to the Terms

We reserve the right to modify these Terms at any time. Significant changes will be notified through the App or by email. Continued use of the App after the modifications constitutes acceptance of the new Terms.

12. Governing Law and Jurisdiction

These Terms are governed by the laws of the Federative Republic of Brazil. The courts of the Judicial District of São Paulo, SP, Brazil, are hereby elected to settle any disputes arising from these Terms, with express waiver of any other, however privileged it may be.

13. General Provisions

13.1. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force.

13.2. HomeMarket's failure to exercise any right provided for in these Terms will not constitute a waiver of such right.

13.3. These Terms constitute the entire agreement between you and HomeMarket regarding the use of the App.

14. Contact

For questions, complaints, or suggestions about these Terms of Use, contact us:

Email: contato@homemarketapp.com.br