Acceptable Use Policy

This Acceptable Use Policy ("AUP") governs the conduct of all users of the HireInBrazil platform (the "Platform"). It is incorporated by reference into the Platform Terms of Service (docs/legal/PLATFORM_TERMS_OF_SERVICE.md), the Master Services Agreement (docs/legal/MASTER_SERVICES_AGREEMENT.md), and the Independent Contractor Agreement (docs/legal/INDEPENDENT_CONTRACTOR_AGREEMENT.md).

Violations may result in immediate suspension of access, termination of active SOWs, and where appropriate referral to law enforcement.

1. Prohibited uses

You may not use the Platform to:

1.1 Illegal or sanctioned activity

• Engage contractors located in OFAC-sanctioned jurisdictions or otherwise designated on US, Brazilian, EU, or UN sanctions lists;
• Process payments to OFAC-listed Specially Designated Nationals (SDNs);
• Conduct any activity in violation of the US Foreign Corrupt Practices Act (FCPA) or the Brazilian Anti-Corruption Law (Law 12.846/2013);
• Launder money, finance terrorism, or facilitate any other criminal financial activity;
• Engage in human trafficking, forced labor, or any activity that would violate Brazilian Decree 5.017/2004 (Palermo Protocol) or analogous US law;
• Use the Platform to circumvent immigration law (e.g., misrepresenting work location to evade US visa requirements);
• Evade taxes lawfully due in either the US or Brazil.

1.2 Worker misclassification

• Direct or pressure a contractor to behave as an employee (fixed hours, mandatory presence, exclusivity beyond what is contracted, integration into Tenant org charts as a permanent employee);
• Pay a contractor outside the Platform's rails to avoid Platform Fees or to evade IRS / Brazilian tax recordkeeping;
• Engage a contractor through the Platform whose actual working relationship would, on Brazilian-labor-law substance, constitute CLT employment (subordination + economic dependency + personal performance + non-eventuality);
• Coerce a Brazilian Contractor to maintain PJ status when CLT would be the lawful classification.

1.3 Platform abuse

• Reverse-engineer, decompile, disassemble, or attempt to derive source code from the Platform;
• Bypass or attempt to bypass any access control, rate limit, sandbox boundary, or security feature;
• Use automated tools (bots, scrapers) to access Platform pages without authorization;
• Submit malware, viruses, exploits, or any code intended to harm the Platform or other users;
• Interfere with the Platform's operation, infrastructure, or other users' use of the Platform;
• Misrepresent your identity, employer affiliation, or authority to bind any entity;
• Create fictitious or duplicate accounts to evade fee or compliance controls;
• Use the Platform to test/research vulnerabilities without prior written authorization (responsible disclosure: security@hireinbrazil.com).

1.4 Content abuse

• Upload, transmit, or store content that infringes any third party's intellectual property rights;
• Upload, transmit, or store content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, or hateful;
• Use the Platform to send unsolicited commercial communications (spam);
• Use Platform email/messaging features to harass any user.

1.5 Data abuse

• Use Personal Data accessed via the Platform for any purpose beyond the engagement for which it was shared;
• Re-sell or transfer Personal Data to any third party except as authorized in the DPA;
• Re-identify any de-identified or anonymized data;
• Attempt to access another Tenant's data;
• Export Brazilian Contractor Personal Data outside Brazil via channels other than the Platform.

2. Compliance with HireInBrazil controls

You acknowledge and agree to comply with:

• Sanctions screening: every Contractor engagement is screened against OFAC and equivalent lists before approval. If a screen returns a hit, the engagement is denied; you may not attempt to work around this control.
• KYB documentation: Tenants must complete the verification flow (company-registration documents, beneficial-ownership disclosure where applicable). Refusal to complete KYB or submission of false documents is grounds for termination.
• Per-hire admin approval: Once Phase 4 of the roadmap is live, every hire passes through HireInBrazil platform-admin review. You may not pressure HireInBrazil staff to bypass this review.
• Tax-form discipline: W-8BEN is mandatory for every Brazilian Contractor. NFS-e issuance per payout is mandatory for the Contractor. Failure to comply suspends payouts.

3. Enforcement

HireInBrazil may, in its sole discretion, take any of the following actions in response to an AUP violation (alone or in combination):

• Issue a written notice (in-Platform or by email);
• Suspend access pending investigation;
• Terminate the offending account, SOW, ICA, and/or MSA;
• Withhold contractor payouts pending compliance correction;
• Refer the matter to law enforcement;
• Report the matter to the IRS, ANPD, OFAC, or other relevant regulator.

For Tenants, repeated or material AUP violations are also a material breach of the MSA per Section 5.3.

For Contractors, repeated or material AUP violations are also a material breach of the ICA per Section 8.3.

4. Reporting violations

Suspected violations: abuse@hireinbrazil.com (alias to be set up). Security vulnerabilities: security@hireinbrazil.com. Law-enforcement requests: legal@hireinbrazil.com.

5. Changes

We may update this AUP. Material changes will be notified per the ToS Section 13 process. Continued use after the effective date constitutes acceptance.