Terms and Conditions of Use

1. Definitions

For greater clarity, the following terms have the meanings below:

2. Agreement with Terms

By using Sendbot, you declare that:

3. License of Use

Sendbot operates based on the open-source project Bot.io, under the GNU Affero General Public License v3 (AGPL v3). Access the full license at sendbot.co/LICENSE.txt.

Users have limited permission to download or view materials made available on the site for personal, non-commercial use. It is strictly prohibited to:

• Alter or remove copyright or proprietary notices.
• Redistribute materials without express authorization.
• Modify, copy, or create derivative works from the platform content.
• Use reverse engineering, decompilation, or disassembly techniques on the software.
• Remove or bypass any security measures implemented on the platform.

The granted license will be automatically revoked if you violate any of these restrictions and may be revoked by Sendbot at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

4. User Responsibility

The user is entirely responsible for:

• Providing accurate information when creating an account or contracting a plan.
• Managing and canceling their subscriptions directly through the customer portal.
• Not using the platform for illicit, fraudulent, or unethical practices.
• Maintaining the security of their account, including passwords and access data.
• All content generated, shared, or stored through the platform.
• Ensuring that their use of the platform does not violate copyrights, trademarks, patents, or other intellectual property rights of third parties.
• Complying with all applicable laws and regulations, including those related to data privacy, electronic communications, and data export.
• Immediately notifying Sendbot of any unauthorized use of their account or any other security breach.

The user agrees to indemnify and hold harmless Sendbot, its directors, employees, and partners, from any claim, demand, liability, damages, or expenses, including reasonable attorneys' fees, arising from: (i) violation of these Terms; (ii) use of the platform; (iii) violation of third-party rights; or (iv) conduct harmful to other users or third parties.

5. Disclaimer

The services are provided 'as is' and 'as available'. Sendbot does not guarantee:

• The continuity or uninterrupted availability of services.
• That the services will be free of errors or technical failures.
• Compatibility with all systems or browsers.
• That defects will be corrected or that the site or the server that makes it available are free of viruses or other harmful components.
• The accuracy, reliability, or timeliness of any information or content provided through the service.
• Specific results derived from the use of the platform.

IN NO EVENT SHALL SENDBOT, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the service;
• Any conduct or content of any third party on the service;
• Content obtained from the service; and
• Unauthorized access, use or alteration of your transmissions or content.

This limitation of liability applies regardless of the legal basis of the claim and even if Sendbot has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above limitations may not apply to you.

6. Subscription Policy

Sendbot subscriptions are applicable per Workspace and include free and paid options. It is the user's responsibility to review plan descriptions before contracting them.

Changes or cancellations must be made through the customer portal. Sendbot does not perform cancellations or plan changes via other channels, such as email or phone.

6.1. Unlimited Plan and Usage Charges

The Sendbot Unlimited plan offers unlimited chats included in the base subscription value. This plan is considered 'unlimited' because:

• There is no technical restriction preventing usage.
• Your service will never be interrupted for exceeding the usage limit.
• You will have access to unlimited resources in terms of chats, members, WhatsApp connections, folders, and domains.

Note: The Unlimited plan uses all available resources of our dedicated servers, services, and technical team, on which the platform itself operations, for this reason it is treated as dedicated and has a high cost.

If the subscribed plan value becomes obsolete, Sendbot reserves the right to increase the subscription value, with 30 days prior notice. The user will be notified by email and may choose to update their plan to a lower one, cancel the subscription, or accept the new value.

• truly unlimited chats.
• There is no maximum limit of chats that can be used.

Unlimited storage of data, messages, and files, without usage restrictions.

This policy aims to ensure transparency in charges and allows your business to operate without restrictions, paying only for what effectively uses beyond the base limit.

6.2. Other Plans and Overage Charges

All plans: Core, Scale, and Dedicated of Sendbot have defined monthly usage limits, as well as specific policies for overage consumption:

• Hobby Plan: Limited to 20 chats per month, without possibility of overage use.
• Core Plan: Includes 2,000 chats per month, with a charge of R$0.10 per additional chat up to the limit of 4,000 extra chats.
• Scale Plan: Includes 10,000 chats per month, with a charge of R$0.06 per additional chat without maximum usage limit.
• Dedicated Plan: Includes 100,000 chats per month, with a charge of R$0.01 per additional chat without maximum usage limit.

These overage charges will be automatically added to the next month's invoice. The user receives alerts when reaching 80% and 100% of the limit included in their plan, for better control and financial planning.

By using any paid plan of the Sendbot platform, the user expressly agrees to these overage charge policies.

6.3. Plan Updates and Changes

Sendbot reserves the right to update plan values and features periodically for reasons of business sustainability or platform improvements. In case of changes:

• Automatic Migration: When a plan becomes deprecated or is discontinued, Sendbot will automatically migrate the user to the plan with value closest to their current subscription, aiming to minimize financial impact on the next invoice.
• Communication: Sendbot may, at its discretion, send communications about plan changes by email and/or notification on the platform, however the user acknowledges and accepts that such communication does not constitute a legal obligation, and its eventual absence does not invalidate the changes made nor generate right to compensation.
• Freedom of Choice: After any automatic migration, the user may, at their discretion and at any time, change their subscription to any other available plan, accepting the values in force on the date of change.
• Guarantee of Continuity: Under no circumstances will the service be interrupted during the period already paid, even in case of discontinuation of the contracted plan.

This policy aims to ensure that Sendbot services remain functioning without interruptions for the user. Since plan changes do not impact the use of already contracted functionalities, Sendbot reserves the right to make such changes without prior communication, although it typically seeks to keep its users informed about relevant changes.

7. Refund Policy and Right of Withdrawal

Sendbot follows the guidelines of the Consumer Defense Code of Brazil, except in cases where the use of services implies immediate costs for the platform with third parties.

• Hobby Plans: We provide a free plan for testing.
• Refund Conditions: Refunds will be granted only if the service is not made available within 2 business days after subscription.
• Usage Refunds: Refunds will not be granted for services already used, as they involve immediate costs with third parties that are not recoverable.

By contracting any paid plan, the user expressly acknowledges that they are starting immediate use of the services and that, therefore, the right of withdrawal may be limited as provided in Art. 49, sole paragraph of the Consumer Defense Code.

8. Intellectual Property

All intellectual property rights related to Sendbot, including but not limited to copyrights, trademarks, trade names, software code, images, texts, graphics, logos, button icons, sounds, and the arrangement and selection thereof, are the exclusive property of Sendbot or its licensors.

No provision of these Terms transfers or assigns to the user any intellectual property rights. The use of the platform does not grant the user any implied license on intellectual property beyond that strictly necessary for the use of the services under these Terms.

9. Privacy and Data Protection

Sendbot is committed to the protection of users' personal data in compliance with applicable laws, including the General Data Protection Law (LGPD) of Brazil when applicable.

By using our services, you consent to the collection, processing, storage, and use of your data as described in our Privacy Policy, which is an integral part of these Terms.

The user is responsible for obtaining all necessary consents from data subjects whose personal information is processed through the Sendbot platform, ensuring compliance with applicable data protection laws.

10. Changes to Terms

Sendbot reserves the right to modify these Terms at any time, at its sole discretion. Changes will take effect immediately upon their publication on the site.

It is the user's responsibility to periodically review these Terms to be aware of any changes. Continued use of the platform after the publication of changes constitutes acceptance of those changes.

If you do not agree with the modified Terms, you must immediately cease using the platform and cancel any active plans.

11. Applicable Law and Jurisdiction

12. General Provisions

• Entire Agreement: These Terms constitute the entire agreement between the user and Sendbot regarding the use of the platform and supersede all prior agreements.
• Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be modified and interpreted to achieve the objectives of the original provision to the fullest extent possible, and the remaining provisions shall remain in full force and effect.
• Assignment: The user may not assign or transfer these Terms without Sendbot's prior written consent. Sendbot may assign or transfer these Terms without restrictions.
• Force Majeure: Sendbot shall not be liable for any failure or delay in the fulfillment of its obligations resulting from causes beyond its reasonable control, including, but not limited to, acts of force majeure, natural disasters, pandemics, strikes, blockades, riots, acts of war, terrorism, epidemics, power failures, telecommunications or internet, or government actions.

Contact

For questions about these Terms, contact us via email: [email protected]