Terms of Use, Privacy Policy & Cookie Policy

1. Introduction

Welcome to our AI-powered chat support platform (the "Platform"), integrated with WhatsApp Business Platform. These comprehensive Terms of Use, Privacy Policy, and Cookie Policy govern your use of our services. By using the Platform, you confirm that you have read, understood, and agree to all terms described herein.

We are committed to compliance with WhatsApp Business Platform policies and applicable data protection regulations including GDPR and LGPD. If you do not agree with these terms, please discontinue use immediately.

2. Terms of Use

2.1 Access and Use of the Services

1. Eligibility: To use the Platform you must possess full legal capacity or be duly assisted / represented under applicable law.
2. Registration: We may request personal data such as name, phone number, and e‑mail to create your account. You agree to provide true, up‑to‑date, and complete information and to keep it current at all times.
3. Responsibility for Use: You are solely responsible for all activity carried out through your account on the Platform, including actions taken and information provided.

2.2 Limitation of AI Usage

1. Monthly Quota: Each user has an AI usage limit per month. Once the limit is reached, access to AI resources may be suspended until the next billing cycle or restored upon additional payment, if that option is available.
2. Usage Monitoring: The Platform may track consumed credits and their monetary value to enforce this quota.

2.3 Failures, System Replacement & Interruptions

1. Errors & Failures: AI may make mistakes, produce incorrect or imprecise answers, or become temporarily unavailable. We assume no liability for losses, damages, lost profits, or any harm arising from such errors or interruptions.
2. Interruption or Discontinuation: The system may cease to operate—temporarily or permanently—at any time, without prior notice, for technical, security, or business reasons. We assume no responsibility for any loss caused by such discontinuation.
3. System Replacement: We may update or replace the current version of the Platform with a newer version at any time. To continue enjoying the service, you must migrate to the new version and accept any additional terms that may apply.

2.4 User Ban

1. Banning Accounts or Phone Numbers: We reserve the right to ban users or block phone numbers at any time, without prior notice, for any reason, including but not limited to:
   • Improper use of the Platform;
   • Fraudulent or illegal activities;
   • Violation of these Terms of Use or applicable law;
   • No specific reason, solely due to the risk model upon which the system is built.
2. Acceptance of Risk: By using our services you acknowledge and accept the risk that your phone number may be banned if you breach these guidelines—or for any discretionary reason determined by the Platform. We are not liable for any damages resulting from such ban.

2.5 User Conduct

1. Inappropriate Content: It is strictly forbidden to publish, send, transmit, or otherwise make available through the Platform any content that is illegal, abusive, defamatory, hateful, obscene, or infringes third‑party rights.
2. Accountability: You assume full civil and/or criminal liability for any content you create or share.
3. Copyright & Intellectual Property: You warrant that all content you submit (text, images, etc.) is your own work or that you hold the legal authorization to use it, and that it does not infringe third‑party intellectual property.

2.6 Disclaimer for AI‑Generated Answers

1. Informational Purpose Only: Answers generated by the AI are provided for informational purposes only, without any guarantee of accuracy or suitability for particular purposes.
2. No Liability for Decisions: Information obtained through the Platform does not replace professional advice. Any decisions made based on AI answers are solely the user's responsibility.
3. Limitation of Liability: We are not responsible for material or moral damages that may result from correct or incorrect use of AI‑generated answers.

2.7 Changes to the Terms

1. Updates: We may amend these Terms of Use at any time to improve our services, comply with legal requirements, or for other relevant reasons.
2. Notification: In the event of material changes we may notify users through the Platform or other communication channels. Continued use after publication of changes constitutes acceptance of the new terms.

2.8 WhatsApp Business Platform Compliance

1. Messaging Policy: All communications through WhatsApp comply with WhatsApp's Commerce and Business Policies. We do not send promotional content without explicit consent.
2. Opt-out: Users can opt-out of WhatsApp communications at any time by sending "STOP" through the chat interface.
3. Message Handling: Messages are processed through WhatsApp Business API and stored in encrypted format. We do not use WhatsApp for sensitive financial or health information transmission.
4. Commercial Communications: All promotional messages include clear opt-out instructions and are only sent during permitted hours (9AM-8PM local time).

3. Privacy Policy

3.1 Data Collected

1. WhatsApp-Specific Data:
   • WhatsApp business phone number
   • User profile name and WhatsApp identifier
   • Message content (text, media, files)
   • Message metadata (timestamps, delivery status)
   • User opt-in/opt-out preferences
2. Registration Data: When you create an account we collect information such as your name, e‑mail address, and phone number.
3. Usage Data: We record information about how you use the Platform, including chat interactions, timestamps, device type, IP address, and analytics data.
4. Sensitive Data: We recommend that you avoid sharing sensitive data (e.g. medical, religious, philosophical, or banking information) during your interactions with the AI. If you choose to share such data you do so at your own risk.

3.2 Purpose of Data Processing

1. WhatsApp Integration:
   • Deliver messages through WhatsApp Business API
   • Maintain conversation continuity
   • Process opt-out requests
   • Comply with WhatsApp message formatting requirements
2. Service Delivery: We use data to create and maintain your account and to provide AI chat functionality.
3. Improvements & Innovation: Usage data (stats, error logs) may be used to enhance the Platform, train and optimise AI models, and develop new features.
4. Communication: We may contact you about updates, new services, changes to these Terms or the Privacy Policy, or for customer support purposes.

3.3 Data Sharing

1. WhatsApp (Meta Platforms, Inc.):
   • Message content required for delivery
   • User identifiers necessary for routing
   • Metadata for service operation
   Note: WhatsApp's use of information is governed by their Privacy Policy. We recommend reviewing WhatsApp's Privacy Policy
2. Partners & Vendors: We may share your data with partners who provide essential services (data hosting, payment processing, technical support, etc.) provided they adhere to the same privacy and security obligations.
3. Legal Authorities: We may provide data to competent authorities when required by court order or to comply with legal obligations.

3.4 Information Security

1. Protection Measures: We implement administrative, technical, and physical safeguards to protect your information from unauthorised access, destruction, loss, or alteration.
2. WhatsApp Specific Security:
   • End-to-end encryption for WhatsApp messages
   • Role-based access to WhatsApp APIs
   • Regular security assessments
   • 72-hour breach notification protocol
3. Responsible Use: Although we strive to protect your data, no Internet transmission or storage system is 100% secure. You acknowledge and accept inherent risks in any online system.

3.5 Data Retention

1. WhatsApp Data:
   • Message content: 30 days maximum
   • Metadata: 90 days for operational purposes
   • Opt-out records: 5 years for compliance
2. Retention Period: We will keep your information while your account is active or as long as necessary to fulfil the purposes for which it was collected.
3. Data Deletion: If you request account closure we will delete or anonymise your data unless a legal or regulatory obligation requires us to retain it.

3.6 User Rights

1. Access & Portability: Request copy of your data
2. Correction: Update inaccurate information
3. Erasure: Delete account and associated data
4. Restriction: Limit processing of your data
5. Objection: Opt-out of specific processing
6. Withdraw Consent: Revoke permissions at any time
7. Exercise Rights: Contact our Data Protection Officer at [email protected]

3.7 International Data Transfers

1. WhatsApp Data: Transferred to Meta Platforms, Inc. in the United States under Standard Contractual Clauses
2. Other Data: Processed in Brazil with EU adequacy safeguards
3. Protections: All transfers include appropriate safeguards as required by GDPR Chapter V

3.8 Children's Privacy

1. We do not knowingly collect data from children under 13
2. WhatsApp requires users to be at least 16 years old
3. Parents may request deletion of children's data

3.9 Legal Basis for Processing

1. Performance of Contract: Necessary for service delivery
2. Consent: For marketing communications and cookies
3. Legitimate Interests: Service improvement and fraud prevention
4. Legal Obligation: Compliance with regulatory requirements

4. Cookie Policy

4.1 What Are Cookies?

Cookies are small text files stored on your device when you visit certain websites. They can be used to recognise you on future visits, personalise your experience, and collect information about your use of the site.

4.2 How We Use Cookies

1. Essential Cookies: Required for the basic operation of the Platform, enabling you to browse and access secure areas.
2. Performance Cookies: Collect information on how you use the site (e.g. most visited pages), allowing us to improve navigation.
3. Functionality Cookies: Allow the site to remember preferences (such as language or credentials) and personalise your experience.
4. Third‑Party Cookies: Partners may use cookies for analytics or advertising purposes. We do not control these cookies; users should review the partners' own cookie policies.

4.3 WhatsApp-Related Technologies

1. Browser Cookies: For web-based components
2. Device Identifiers: Used in mobile implementations
3. WhatsApp Cookies: Subject to Meta's Cookie Policy

4.4 Managing Cookies

You can disable or delete cookies through your browser settings. Note that blocking certain cookies may cause some Platform features to function improperly.

5. General Provisions

1. 5.1 Acceptance of the Terms: Continued use of the Platform implies full and unrestricted acceptance of these Terms of Use, the Privacy Policy, and the Cookie Policy, including any future updates.
2. 5.2 Intellectual Property: All rights relating to trademarks, logos, layout, content, software, and other elements of the Platform belong to us or our licensors and are protected by copyright and industrial property laws. Copying, reproducing, or modifying any element of the Platform without our prior written consent is prohibited.
3. 5.3 Warranty Limitations: The Platform and its contents are provided "as is," without any express or implied warranties. We do not warrant that the service will meet your specific needs or be free of errors or interruptions.
4. 5.4 Indemnification: You agree to defend, indemnify, and hold us harmless from any claims, lawsuits, losses, expenses, or damages arising from your violation of these Terms of Use or your conduct while using the Platform.
5. 5.5 Governing Law & Jurisdiction: These Terms are governed by Brazilian law. For any disputes, the court of your domicile—or, if more favourable, our domicile—shall have jurisdiction.
6. 5.6 Contact:
   • General Inquiries: [email protected]
   • Privacy Inquiries: [email protected]
   • Data Protection Officer: [email protected]
   • WhatsApp Compliance Officer: [email protected]
7. 5.7 WhatsApp Business Terms: Our use of WhatsApp Business Platform is subject to WhatsApp Business Terms of Service

6. Final Considerations

• Use of AI: You acknowledge that AI entails technical limitations and inherent risks, such as incorrect answers or data loss.
• Transfer of Usage Rights: If you wish to continue using the system after any replacement or update, you agree to migrate and accept any new terms or additional costs.
• Ban: You recognise that your phone number or account may be banned at any time, either for breaching these terms or for any other reason deemed pertinent by the Platform.
• WhatsApp Dependency: Service availability depends on WhatsApp API functionality and policy compliance

By using the Platform you declare that you have read, understood, and accepted—without reservations—all the provisions set forth in these Terms of Use, the Privacy Policy, and the Cookie Policy.

These Terms are valid from the date of their latest update and will remain in effect while the Platform is available or until a revised version is published.