Terms of Use

1.1. The service covered by these Terms allows Users using the Platform to freely purchase Supply from Serena for their commercial establishments. 1.2. The conclusion of the Supply agreement will occur after the proposal is accepted by the Buyer. All information provided on the Platform will only materialize with the Buyer's acceptance of the proposal presented by Serena. 1.3. By accepting these Terms, Users agree and consent to the pre-established terms and conditions in the Electricity Purchase and Sale Agreements. 1.3.1. Express acceptance in the commercial proposal binds Users to comply with the terms and conditions of the respective Agreement, regardless of the physical signature of such document. 1.3.2. In the event that the BUYER does not sign the AGREEMENT within 5 days, the SELLER, at its discretion, may update the commercial conditions. The BUYER's initial obligation to sign will remain in effect if the commercial conditions are maintained.

2.1. Supply by Serena is available only to legal entities regularly registered in the federal and state tax registers that have legal capacity to contract them and are not disqualified by Serena (temporarily or definitively). 2.2. The creation of more than one registration per User is prohibited. In case of multiple registrations created by a single User, Serena reserves the right, at its sole discretion and without prior consent from or communication to Users, to disable all existing registrations and prevent any future registrations linked to them. 2.3. Serena may unilaterally delete the registration of Users when it is verified that the User's conduct is or will be harmful or offensive to other Users, Serena, its employees, or third parties.

3.1. Complete completion of all data required by Serena is necessary for the User to be eligible to contract the Supply. 3.2. It is the sole responsibility of Users to provide, update, and ensure the veracity of registration data, and Serena shall not bear any civil or criminal liability resulting from untrue, incorrect, or incomplete data provided by Users. 3.3. Serena reserves the right to use all valid and possible means to identify its Users, as well as to request additional data and documents deemed pertinent to verify the information entered. 3.4. If Serena considers a registration, or the information contained therein, suspicious of containing erroneous and/or untrue data and/or misaligned with Serena's internal guidelines, Serena reserves the right to suspend, temporarily or definitively, the User responsible for the registration, and/or the company linked to the registration, as well as prevent and block any registration performed by them, without prejudice to other measures deemed necessary and appropriate. In the event of applying any of these sanctions, Users or companies shall not be entitled to any compensation or reimbursement for losses and damages, lost profits, or moral damages. 3.5. The User will access their account using email and password, undertaking not to disclose these data to third parties, taking full responsibility for any use made of them. 3.6. The User undertakes to notify Serena immediately, through the contact channels maintained by Serena on the Platform, of any unauthorized use of their account. The User will be solely responsible for operations carried out in their account, since access will only be possible through the use of a password known exclusively to them. 3.7. Under no circumstances will the assignment, sale, rental, or other form of transfer of the account be permitted. The creation of new registrations by persons whose original registrations were canceled due to violations of Serena's policies will also not be permitted.

4.1. Serena may change these Terms at any time and at its sole and exclusive discretion. 4.2. In the event of any changes to the Terms, the new Terms will take effect 10 (ten) days after being published on the Platform. Within 5 (five) days of publication of the modifications, the User must express their disagreement through the contact channels if they do not agree with the amended terms. If there is no manifestation within the stipulated period, it will be understood that the User tacitly accepted the new Terms, and the contract will continue to bind the parties. 4.3. Changes will not apply to negotiations between Supplier and Buyer already finalized at the time such changes are published. Only for these, the Terms will remain valid under the previous wording.

5.1. Users are strictly prohibited, among other attitudes provided for in these Terms, from directly or indirectly manipulating announced Supply prices. 5.2. Users may not: (i) obtain, store, disclose, market, and/or use personal data about other Users for any purpose; (ii) use automated means, including spiders, robots, crawlers, data harvesting tools, or similar to download site data (except internet search tools and non-commercial public archives); (iii) circumvent, or attempt to circumvent, in any way, the system, mechanism, and/or platform of the site.

6.1. The use of any device, software, or other resource that may interfere with Platform activities and operations, as well as ads, descriptions, accounts, or databases, is prohibited. Any intrusion, attempt to, or activity that violates or contradicts intellectual property laws and prohibitions stipulated in these Terms will make the responsible party liable to legal actions and sanctions provided herein, also remaining responsible for indemnifying Serena or its Users for any damages caused.

7.1. Without prejudice to other measures, Serena may, at its sole discretion and without prior consent from or communication to Users, warn, suspend, or cancel, temporarily or permanently, the User's registration, and may apply sanctions that negatively impact their reputation, at any time, initiating appropriate legal actions and suspending the provision of its Supply, if: (i) the User fails to comply with any provision of these Terms and other Serena policies; (ii) fails to fulfill User duties; (iii) engages in unlawful or criminal acts; (iv) User identity cannot be verified, any information provided is incorrect, or information provided leads to believe that the registration is false or belongs to another person; (v) Serena understands that contracting or any other attitude of the User has caused or has the potential to cause damage to third parties or Serena. 7.2. Serena reserves the right, at any time and at its sole discretion, to request the submission of any document verifying the authenticity of registration information. 7.3. In the event of a document request, any deadlines determined in these Terms will only apply from the date of receipt of documents requested from the Supplier by Serena.

8.1. In no event will Serena be liable for lost profits or any other damage and/or loss that the User may suffer due to negotiations not concluded through the Platform. 8.2. Serena reserves the right to assist and cooperate with any judicial authority or government agency, being able to send registration or transactional information of its Users when considering that assistance or cooperation is necessary to protect its Users, employees, partners, directors, partners, or any person who may be harmed by the challenged act or omission. 8.3. These Terms do not create any partnership, agency, franchise, commercial representation, or employment relationship between Serena and the User.

9.1. Serena is not responsible for any damage, defect, technical/operational glitches, loss, or damage suffered by the User due to external acts or facts.

10.1. If Users are linked on the Platform to an independent consulting firm (“Consultancy”), they hereby grant special and specific powers for the respective company to represent them on the Platform, under the terms of Art. 653 et seq. of the Brazilian Civil Code. 10.2. Where clause 10.1 above applies and if the “Full Management” permission level is authorized by Users, the Consultancy may execute short-term electricity purchase and sale transactions on behalf of its respective Users.

11.1. Commercial use of the expression “Serena” as a trademark, business name, or domain name, as well as logos, badges, screen contents relating to Platform Supply, and software sets, databases, networks, and files allowing the User to access and use their account, are property of Serena and protected by international copyright, trademark, patent, and industrial design laws and treaties. Unauthorized use and total or partial reproduction of said contents are prohibited, except with express authorization from Serena.

12.1. All items of these Terms are governed by laws in force in the Federative Republic of Brazil. For all matters relating to interpretation, compliance, or any other query related to these Terms, the parties agree to submit to the Courts of the Judicial District of São Paulo.