1. BRIEF HISTORY OF HAMPASS
HamPass was born from observing a gap in Brazilian amateur radio: the extreme difficulty and exhausting manual work involved
in contest adjudication processes, which often produced incorrect results and lacked transparency. The platform was created
to automate complex processes and ensure the continuity of competitions that were at risk of disappearing due to the lack
of adjudication capacity. Today, HamPass is a complete tool that offers contact management, digital certificates, club
directories, and even streaming for expeditions, such as the historic operation on Martim Vaz Island or live events such as
sprints and events celebrating special dates.
2. FREE FUN FOR COMPETITORS AND ORGANIZERS
HamPass operates under a self-sustaining cycle model. So that amateur radio operators can participate in contests and other
events for free and organizers can access state-of-the-art technological adjudication at no cost, the platform uses targeted
advertising.
The platform’s viability is ensured by sponsors who believe in amateur radio. In exchange for investing in technology and
servers, these partners seek visibility. Thus, when user traffic is directed to HamPass for reading rules, submitting logs,
and accessing events, we ensure the revenue that “pays for our fun.” Generating these audience numbers is the essential
counterpart so that we can continue providing high-performance services at no financial cost to organizers.
2.1 NATURE OF THE SERVICE – TECHNOLOGICAL COURTESY
The hosting of events, processing of logs, contact management, and availability of adjudication tools offered by HamPass
constitute a TECHNOLOGICAL COURTESY SERVICE, provided free of charge to organizers, with the purpose of
fostering amateur radio and radio sport practice.
Making this infrastructure available does not constitute paid service provision, the hiring of a specific SLA, a guarantee
of continuous availability, or a commitment to any specific result.
HamPass assumes an obligation of means, committing to employ reasonable technical diligence compatible with market best
practices to keep the platform operating. HamPass shall only be liable for severe and proven structural failures that
completely prevent the technical operation of the platform, provided that gross negligence is characterized.
3. PARTNERSHIP TERMS AND RULES OF USE
For this partnership to be beneficial for both sides, some rules must be strictly followed by the organizers. These terms
ensure proper platform visibility and sustainability, enabling us to reach increasingly higher goals.
A) ASSIGNMENT OF IMAGE AND TRADEMARK RIGHTS
By registering an event, the Organizer grants HamPass the right to use its brand, logos, and images related to the event for
purposes of promotion, interface composition, and advertising materials within the platform. This assignment is necessary
to ensure the platform’s visual legitimacy and protection against allegations of improper use of intellectual property. By
hosting the event, the organizer declares it is the legitimate holder of the brand or has authorization to do so, holding
HamPass harmless from any third-party disputes.
B) PREFERENTIAL TRAFFIC REDIRECTION AND COUNTERPART
The Organizer undertakes to:
I – Make available, on its official channels, a direct link to the rules hosted on HamPass;
II – Indicate the platform as the official means for contact logging, log submission, rules publication,
and results tracking and/or event operation/development.
Providing a summarized version or a summary PDF of the rules does not constitute a breach, provided it contains an active
link to the event’s official page on HamPass.
1. Platform Counterpart
As a counterpart, HamPass shall:
I – Guarantee free hosting of the event;
II – Provide technological infrastructure for automated adjudication;
III – Maintain a dedicated event page throughout its effective period;
IV – Provide digital reports and certificate issuance.
C) LIVE EVENTS
For organizers of in-person events or expeditions: it must be stated explicitly in the rules and promotional materials that
the official hosting and logging platform is HamPass Live Events.
The event access link must be placed prominently and in a highlighted manner in all communications, publications, pages on
other platforms, and similar channels so that traffic is redirected to HamPass.
D) MODERATION MEASURES AND NOTICE PROCEDURE
HamPass may adopt moderation measures in the event of:
I – Violation of these terms;
II – Practice of illegal acts;
III – Risk to the platform’s technical integrity;
IV – Non-compliance with legal rules.
1. Prior Notice
Except in cases of imminent security risk or manifest illegality, HamPass will notify the Organizer, granting a minimum
period of 5 (five) business days to remedy the irregularity.
2. Emergency Measures
In serious situations, such as infrastructure attacks, proven fraud, or a court order, suspension may occur immediately,
with subsequent reasoned communication.
3. Proportionality
Measures will be proportional to the severity of the infraction and may include warning, temporary suspension, or
definitive exclusion.
E) PERSONAL DATA PROTECTION (LGPD) – JOINT CONTROLLERSHIP
HamPass and the Organizer acknowledge that, in the context of events hosted on the platform, they may act as joint
controllers under Brazil’s General Data Protection Law (Law No. 13.709/2018 – LGPD), since both participate in decisions
regarding the purposes and means of processing participants’ personal data.
1. Purposes of Processing
Personal data processing shall occur exclusively to:
I – Enable registration and participation in events;
II – Process logs and results;
III – Issue certificates and rankings;
IV – Maintain radio sport history;
V – Comply with legal and regulatory obligations;
VI – Ensure security, fraud prevention, and platform integrity.
2. Legal Bases
Processing is based on the following legal bases:
Art. 7, V – contract performance or preliminary procedures;
Art. 7, II – compliance with a legal obligation;
Art. 7, IX – legitimate interest, observing the rights of the data subject;
Art. 7, I – consent, when applicable.
3. Responsibilities
Each party shall be responsible for the processing acts it performs directly.
HamPass shall be responsible for:
- The security of the technological infrastructure;
- The technical protection of the database;
- The implementation of adequate administrative and technical measures.
The Organizer shall be responsible for:
- Defining the rules;
- Collecting data outside the platform;
- The accuracy of the information entered.
4. Cooperation and Incidents
In case of a security incident involving personal data, the parties undertake to cooperate to ascertain the facts, share
necessary information, notify the ANPD and data subjects when required, and adopt mitigating measures.
5. Data Sharing
Data sharing between the parties shall be limited to what is strictly necessary for event execution. The use of data for
autonomous commercial purposes without an adequate legal basis is prohibited.
F) PREMIUM SERVICES AND DIRECT TRANSACTIONS WITH USERS
HamPass reserves the right to offer value-added services to platform users, regardless of hosted events, including premium
accounts or additional service modules such as personalized support, advanced features, analytics, expanded storage, or
other parallel services. Such services arise from a direct commercial relationship between HamPass and the end user and do
not create any right to commissions or credits to organizers. HamPass has full autonomy to define pricing, payment methods,
and validity terms for premium services.
G) TECHNICAL LIABILITY LIMITATION (SLA)
HamPass will make its best efforts to keep the platform operational “24/7.” However, as a digital ecosystem, the platform
is not responsible for temporary interruptions due to urgent maintenance, third-party service failures (hosting, internet),
or force majeure events. The Organizer accepts that momentary instabilities do not generate a right to indemnification or
compensation.
H) STORAGE PERIOD AND “RIGHT TO BE FORGOTTEN”
HamPass reserves the right to archive or permanently delete data for infrastructure optimization purposes, and the Organizer
is responsible for backing up its results if it wishes to keep them perpetually—limited to internal and private use,
refraining from publishing data that already appears on the HamPass platform. After removal from the platform, if it
occurs, the organizer may make such data public in the manner it deems most convenient.
I) ETHICAL CONDUCT AND RESPECT FOR THE COMMUNITY
HamPass is a technical and sporting environment. It is expressly prohibited to use the platform for partisan political
propaganda, dissemination of hate speech, or personal attacks against other amateur radio operators or organizations.
Non-compliance authorizes HamPass to remove the event or the organization from the platform immediately.
J) SOFTWARE INTELLECTUAL PROPERTY
Use of the platform and hosting events do not grant the Organizer rights of ownership, licensing, or access to source code,
proprietary adjudication methodologies, database architecture, or algorithms developed by HamPass. Reverse engineering,
decompilation, feature copying, or unauthorized extraction of structured platform data is expressly prohibited. All
technological development is the exclusive asset of NSEC PARKEER TECNOLOGIA E SISTEMAS, and violations may be subject to
civil and criminal sanctions.
K) EXCLUSIVE RESPONSIBILITY FOR PHYSICAL AWARDS
HamPass is exclusively a platform providing infrastructure for adjudication and digital event management and has no
connection to the production or logistics of material items. The manufacturing, funding, shipping, and any reverse
logistics of trophies, medals, plaques, or any other type of physical award are the integral and exclusive responsibility of
the Organizer. The Organizer undertakes to deliver awards within an acceptable period, not exceeding 6 (six) months after
final results are approved. Failure to deliver prizes is entirely the Organizer’s responsibility; HamPass may publish a
clarification notice or suspend the defaulting organizer if it receives substantiated complaints affecting the ecosystem’s
credibility.
L) USE OF NATIVE FEATURES AND CUSTOMIZATION LIMITATION
HamPass is a platform with standardized features designed to serve amateur radio globally. The Organizer acknowledges that
event rules, log adjudication, and certificate issuance must be configured strictly within existing features and templates.
The developer reserves the right not to alter source code, not to create new fields, not to modify adjudication algorithms,
and not to develop new features solely to satisfy organizer-specific demands.
4. LEGAL ACTIONS, SUSPENSION, AND VENUE
HamPass may update these Organizer Terms periodically to reflect technical improvements or legal changes. The Organizer will
be notified via the platform or email about substantial changes. Continued use after an update will be deemed acceptance.
4.1 LIMITATION OF LIABILITY
Due to the free-of-charge and courtesy nature of the service, HamPass’s liability shall be limited exclusively to direct
damages proven to result from willful misconduct or gross negligence in maintaining its technological infrastructure.
The following are expressly excluded:
I – Loss of profits;
II – Indirect or consequential damages;
III – Losses arising from sporting or institutional expectations;
IV – Disagreements regarding interpretation of rules;
V – Revisions or corrections of results;
VI – Damages arising from instability of third-party services.
Any eventual need to correct or republish results shall not, by itself, constitute a compensable failure and shall be deemed
a normal technical adjustment measure in a digital environment.
4.2 RESTRICTIVE MEASURES
In the event of litigation, extrajudicial notices, or substantiated indications of irregularities promoted by organizers,
users, or third parties—whether directed at a specific event or the platform itself—HamPass may suspend, as a precautionary
and immediate measure, events, services, or accesses linked to the responsible organization until legal, technical, and
ethical security is restored.
4.3 ABSENCE OF CONSUMER RELATIONSHIP
The parties acknowledge that the relationship established is of an associative and technological nature between legal
entities or organizing entities and does not constitute a consumer relationship under the Brazilian Consumer Defense Code.
4.4 HOLD HARMLESS (INDEMNITY)
The Organizer undertakes to hold HamPass harmless from claims, liabilities, and lawsuits arising from the Organizer’s event,
including rules, awards, organizer communications, and conduct under its direct management, reimbursing HamPass for
reasonable legal costs and proven direct damages caused by the Organizer.
4.5 CHOSEN VENUE
To settle any issues, controversies, or disputes arising from these Organizer Terms or from the use of the platform, the
parties elect, to the exclusion of any other, however privileged, the Courts of the District of Pelotas, State of Rio
Grande do Sul, Brazil.