Effective from 11/01/2018.
Last change on 02/16/2022
The acceptance of this Term is absolutely essential for the use of the Licensor Software. Before proceeding with the subscription to the Software, you, hereinafter referred to as “Customer”, must read, make sure that you have understood and agree to all the conditions established in these Terms.
1. REGISTRATION AND ACCESS TO THE SOFTWARE
1.1. The Software will only be made available to Customers who have the legal capacity to contract under Brazilian law. Customers who do not have this capacity, minors or Customers whose registration is suspended or canceled may not use the Software.
1.2 To be a Customer registered in the Software, it is necessary to complete the registration in all its fields with valid data, in an exact, precise and true way. The Client must provide documents and information that prove its identity and ability to contract, directly or through the legal representative on behalf of the respective legal entity, as requested to perform the registration. Other documents and additional information may be requested by the Licensor. The Customer undertakes to keep the information included in the registration up to date.
1.3. The documentation provided by the Customer in the registration must be legal and current. The Licensor does not assume any responsibility for the active supervision of the Customers. Damage resulting from false or inaccurate information will be the sole responsibility of the Customer.
1.4. Access to the Software will be granted to the Customer after the identification of the payment related to the contracted plan, and the access data will be sent by the Licensor to the Customer's email informed at the time of registration, containing a password that may be later changed by the Client. If the email is not successfully sent immediately after the payment is identified by the Customer, there will be another 4 (four) attempts to send it, as follows:
a) 30 (thirty) minutes after payment identification;
b) 2 (two) hours after the first attempt;
c) 4 (four) hours after the second attempt;
d) 24 (twenty-four) hours after payment has been identified.
1.4.1. Licensor will not ask for your password by any other means, or for any reason other than accessing the Software.
2. USE OF THE SOFTWARE
2.1. Upon completion of its registration and adherence to this Term, the Customer may use the Software for different services and functionalities according to the contracted plan, as provided for in this Term.
2.2. When using the Software, Customers will receive the right of onerous and non-exclusive use of the features made available by the Software, for use limited to contracting, as well as other purposes provided for in this Term.
2.3. In order for Customers to have access to new services or features, they must request the upgrade of the contracted plan, by selecting through the Software itself and providing the information necessary or requested by the Licensor. Aspects related to plan "upgrade" and "downgrade" are disciplined in Clause 4 below.
2.4. The Customer will be responsible for any and all access to the Software made through their respective access data, including registration e-mail and password, being responsible for all losses and damages eventually caused as a result of such accesses.
2.5. The Client is absolutely prohibited from any action or use of a device, software, or other means with the purpose of interfering with the activities and operations of the Platform. Any intrusion, activity or attempted violation that is contrary to the laws, including, without limitation, those dealing with intellectual property rights, and/or the prohibitions stipulated in this Term, will be subject to the adoption of the relevant legal measures, including those of a criminal nature.
3. DEVELOPMENT, CONNECTION AND MAINTENANCE OF THE SOFTWARE
3.1. It is up to the Licensor to develop and keep the Software updated, so that Customers can access and enjoy the services and features offered under the contracted plan. Licensor may interrupt the availability of the Software, at any time, in scheduled shutdowns, without prior notice to Customers, making an effort, however, for such shutdowns to be carried out outside business hours. Licensor is not obligated to keep the Software available indefinitely, and there is no liability to Customers in the event of any unavailability or need for unscheduled maintenance.
3.2. In order to enjoy the services and functionality offered through the Software, the Customer must ensure a continuous and fast connection to the Internet. The Customer is solely responsible for the quality of its Internet connection.
3.3. The Customer acknowledges that the quality of the Internet connection depends, among other things, on the Internet access provider and the Internet infrastructure provider, the volume of other uses that the Customer makes of the available bandwidth at any given time and the quality of the connecting equipment. in its possession, and the Licensor does not have any interference or responsibility regarding the Client's Internet connection.
3.4. Licensor shall not be responsible for any virus that may infect any of Customer's equipment as a result of accessing, using or checking the Software or any transfer of data, files, images, texts, or audio contained therein. The Customer may not impute any liability to the Licensor, nor demand payment for direct material damages, moral damages, indirect damages or loss of profits, due to losses resulting from non-compliance with the provisions contained herein, resulting from technical difficulties or failures in the Software or in the Internet. Licensor does not guarantee continued or uninterrupted access and use of the Software. The Software may eventually not be available due to technical difficulties or Internet failures, or for any other circumstance beyond the control of the Licensor and, in such cases, the Licensor will seek to restore accessibility to the Software as soon as possible, without this being able to impute any kind of responsibility.
3.5. Customers are absolutely prohibited from taking any action or use of a device or other means for the purpose of interfering with the activities and operations of the Software. Any intrusion, activity or attempted violation that is contrary to the laws, including, without limitation, those dealing with intellectual property rights, and/or the prohibitions stipulated in this Term, will be subject to the relevant legal actions by the Licensor.
3.6. Licensor's technical support to the Customer regarding the Software will be provided from Monday to Friday, during business hours, preferably through the online chat available on its website (leadlovers.com). Alternatively, technical support may be provided through teleservice or by e-mail also on the Licensor's website.
3.7. Considering the nature of the service provided by Licensor, and in order to always provide the best customer service, Customer service and support will only be provided through the ZenDesk platform.
4. PLANS, UPGRADE AND DOWNGRADE
4.1. When contracting the use of the Software, the Customer must choose one of the plans available on the Licensor's website, at which time he will be able to verify the characteristics and differences between the respective plans.
4.2. The plan improvement ("Upgrade") can only be requested by the Customer if payments for the current plan are being made on a regular basis, otherwise, the Customer will have to regularize their condition before purchasing a plan with greater capacity.
4.3. The "downgrade" of the contracted plan may be requested by the Customer at any time, being effective on the next monthly payment recurrence. Until the effectiveness takes place, the Customer may enjoy the benefits of the previously contracted plan.
4.4. The values of the plans may be monetarily corrected, annually, every 12 (twelve) months, counting from the date of the Client's adhesion to this Term and contracting the Platform, based on the IGP-M/FGV.
5. AUTOMATIC SUBSCRIPTION RENEWAL
5.1.Contracting (subscription) of the software will be renewed automatically, at the end of the term of validity of the respective contracted plan, except upon communication by the customer within 48 (forty-eight) hours prior to the renewal of the respective plan.
5.2. The customer declares, from now on, to be in agreement with the automatic renewal of the subscription of the contracted plan. If the customer does not object to the renewal within the period mentioned in clause 5.1 above, the customer shall bear the amounts related to the renewed plan.
6. CANCELLATION AND DELETION
6.1. Contracts for the Software and the respective plans may be canceled at any time, at the initiative of either side.
6.2. The collection of amounts due as a result of the contracted plan will be interrupted upon request for cancellation, at the Customer's request, of the subscription of the respective plan with the Licensor team.
6.2.1. With the request to cancel the subscription, the Customer's access to the Software will be immediately blocked, and the automatic charge per period by the Licensor, and by the Hotmart platform, in the subsequent period, will cease, with no refund of the amounts already paid by the Customer.
6.2.2. The request for early termination by the Customer will imply the incidence of a fine corresponding to 50% (fifty percent) of the remaining amount of the contracted period, and the respective Customer will have its access to the Software blocked immediately.
6.2.3. The Customer will only receive a full refund of the amount paid if the cancellation of his subscription occurs within 15 (fifteen) days after the first purchase.
6.2.4. Additional plans contracted later, such as dedicated IP, SMS, as well as the “deliverability test” plan will not be refunded.
6.2.5. In the case of a cash purchase, via credit card, the purchase amount will be refunded to the Customer on the next credit card invoice, or on the invoice of the following month, within a period of 30 (thirty) to 60 (sixty) days , depending on the closing date of your invoice and the internal procedures adopted by the credit card company.
6.2.6. The refund of the amount paid, via bank slip, will be carried out through a checking account. As soon as the refund is made in the Hotmart system (an independent platform used by the Licensor to make and manage payments), the Customer will receive an email to register the bank account where the refund will be made.
6.2.7. In the case of payment in installments, via credit card, the amount paid will continue to be debited from the successive invoices of the respective card, without a reversal, given that the refund due will be made by the Licensor by means of bank transfer (TED) or PIX to the bank account informed by the Customer via contacting the Licensor's support area, pursuant to Item 3.6. of this Term. The bank account data informed must be the same as those contained in the invoice/invoice issued by the Licensor relating to the subscription of a certain Platform plan by the Client, under penalty of withholding the amounts by the Licensor until due clarification.
6.2.8. Plans belonging to banned accounts will not be refunded for violating this Term. The platform's 15 (fifteen) day trial period guarantee is not valid for ban cases.
6.2.9. The amounts paid for any charge subsequent to the first purchase will not be refunded, even if it is within 7 (seven) days of said charge, given that the trial and repentance period applies only to the first 15 (fifteen) days, from the date of the Customer's first subscription.
6.3. The Licensor may exclude Customers who do not act in accordance with this Term or the applicable Brazilian legislation, especially in the cases defined in Clause 9 below, regardless of prior notification, in which case the Customer's registrations and access to the Software will be immediately suspended, without prejudice to the collection of all amounts due by the Customer as a result of this Term and the use of the Software and contracting the respective plan.
7. REMUNERATION AND METHOD OF PAYMENT FOR THE USE OF THE SOFTWARE
7.1. The Customer, after contracting and subscribing to the Software, must make the payments through a monthly charge made by the Licensor, through one of the means of payment made available by it, at its sole discretion.
7.2. The non-access to the Platform and/or non-use of the services and features offered through the Software will not exempt the Customer from the payment of the monthly fee, the payment being due for the simple provision of such services.
7.3. The purchase via credit card will entail automatic payment of the subscription, upon monthly recurrence, which will appear on the invoice of the respective card used.
7.4. The purchase via bank slip will result in the recurring and monthly sending of the slip to the e-mail address registered by the Customer at the time of contracting.
7.5. The relevant Invoice will be generated within 30 (thirty) days after payment confirmation, and sent by email to the Customer.
7.6. Any discount coupon delivered by the Licensor and its partners to the Customer may be used only 1 (once) time, limited to a single ID/Tax ID, being non-transferable and non-cumulative.
7.6.1. A new discount coupon can only be activated upon new subscriptions, and the validity of discount coupons is a maximum of 2 (two) months.
8. DEFAULT BY CUSTOMER
8.1. Failure to pay the monthly fee by the Customer for a period equal to or greater than 7 (seven) days will result in the blocking of his account and, consequently, in the blocking of access to the Software. Hotmart (an independent platform used by the Licensor for making and managing payments) will notify Customers via e-mail about delays in the monthly fee, before the Licensor blocks the respective Customer's account.
8.2. The release of access by the Customer to his account will only occur upon payment of all overdue monthly payments, including monetary correction by the IGPM/ FGV, levied from the day after the due date for payment, and the applicable legal default interest, which will be 1% (one percent) per month.
8.3. After being informed about the blocking of the account due to non-payment, the Customer will have an additional period of 3 (three) days to settle the late payment. Failure to settle the payment within the additional period will result in the cancellation and total exclusion of the Customer's account, without prejudice to the adoption, by the Licensor, of the appropriate judicial and extrajudicial measures.
8.4. If it is verified that the Software has been used by the Customer without due payment, and if there is no request to cancel the subscription, the amount referring to the period used may be charged by the Licensor, through the appropriate means, with the addition of monetary correction and late payment interest, under the terms of Clause 8.2 above, without prejudice to the collection of any legal fees and court costs.
9. CONTRACTUAL BREACH
9.1.Without prejudice to other measures, the Licensor may warn, suspend or cancel, temporarily or permanently, a Customer's account and access to the Software, at any time and regardless of prior notice or notification, and even within the legal period of 7 ( seven) days provided for in article 49 of Law No. 8,078/1990 ("Consumer Defense Code"), and may also initiate appropriate legal actions, in the following cases:
- if Customer: (i) violates any provision of these Terms; (ii) delay the payment of the monthly fee, according to Clause 8 of this Term; (iii) fails to comply with its duties as a Client with Licensor; or, (iv) perform fraudulent or intentional acts;
- if the Customer purposely carries out the Chargeback practice, contracting and using the Software, but canceling, in bad faith, said contracting within the legal cancellation period mentioned in Item 8.1 above, only to obtain a refund of the amount paid, event in which said refund will not be due;
- if any information provided by the Customer is incorrect; or,
- if the Licensor understands that any attitude of the Customer has caused any damage to third parties or to the Licensor, including its image and reputation in the market, or has the potential to do so
9.2. The Customer will indemnify Licensor for any claim made by other Customers or any third parties, arising from its activities in the Software, for its failure to comply with this Term, or for the proven violation of any law or third party rights.
10. ILLEGAL, UNETHICAL OR PROHIBITED USE OF THE SOFTWARE BY CUSTOMER
10.1. It is prohibited to use the Software for the publication, creation, storage and/or dissemination of illegal or abusive content, as well as texts, photos and/or videos that are defamatory, xenophobic, discriminatory, obscene, offensive, threatening or that encourage these conducts, inappropriate, abusive, fraud, that harms, interrupts or interferes with the services, vexatious, harmful, that contains expressions of hatred against people or groups, or that contains child pornography, explicit or violent pornography, content that may be harmful to minors, that contains religious or racial insults or threats, or that encourage moral (including bodily harm) and property damage, or that may violate any third party's right, including their privacy and intellectual property rights, for acts related to the creation, dissemination and dissemination of false information ("Fake News"). Therefore, the use of the Software for any of the activities mentioned herein is considered serious misconduct, subject to the immediate termination of the services provided by the Licensor and the availability of access to the Platform.
10.2 It is also prohibited to use the Software to spam (abusive) e-mails. In the event that Customer is identified as using the Software to spam, Licensor reserves the right to block Customer's account.
10.3. Licensor uses the following bases for spam checking:
- Minimum delivery rate of 98% (Regarding the amount of emails sent);
- Minimum opening rate of 10% (Regarding the amount of emails sent);
- Hard bounces (recent) maximum of 2% (Regarding the number of bounced messages in the last 15 days);
- Hard bounces (total) maximum of 30% (In relation to the total number of contacts).
10.4. The Customer declares that he is aware that the “HARD BOUNCES'' mentioned in Clause 10.3 above are errors that occur when the recipient is permanently prevented from receiving the e-mail, and that they must be treated more rigorously than temporary errors. Such errors can appear for several reasons, such as the fact that the destination emails do not exist (spamtraps), and/or because they are undergoing a long period of inactivity (5 months, as a rule). This type of response damages more intensely the delivery of the Client's campaigns because they receive an immediate rejection of the provider. The most common responses are related to non-existent accounts or domains.
10.5. If the Client intends to carry out "cleaning the cold list" (importing a list of cold leads into the system with the objective of removing the leads that still relate to the Client, thus making successive imports), he must acquire a "DEDICATED IP " for the act. The list of leads that meet the characteristics set out in Clause 10.8.2 below will be considered a “cold list”.
10.6. If the Licensor identifies that the Customer is carrying out successive exports and imports above 2 (two) times the current account limit, having a box greater than 2% (two percent) of leads with Hard Bounce status and or account reputation shots is below 90% (ninety percent), it can be blocked. The Customer will be informed, prior to blocking, via email.
10.7. If Licensor identifies a high number of successive imports performed by Customer in a short period of time, Licensor may, in its sole discretion, block future Customer imports indefinitely. The Customer will be informed, prior to blocking, via email.
10.8. The sending of emails by the Customer will be limited to a certain monthly amount, according to the plan contracted when subscribing to the Software.
10.8.1.It will be considered a hypothesis of bulk sending when it is verified, by the Licensor, that the sum of the total e-mails sent in the last 7 (seven) days is equal to or greater than the amount corresponding to 3 (three) times the balance total number of active plans contracted.
10.8.2 Disengaged and/or cold leads will be those leads that:
- They were not registered on the platform through the appropriate opt-in mechanism;
- They were registered on the platform by importing a list of leads;
- They do not have any opening tags found in the last 10 emails sent.
10.9. The Customer is also aware that the Licensor, when identifying a very large volume of e-mails sent, at any time, may perform an automatic cleaning of the Customer's account, regardless of request, authorization or prior notice to the Customer, removing all leads that did not open or access the last 30 (thirty) emails sent, thus freeing up space in the Software for the acquisition of new leads, preserving the reputation and indicators of the Software, as well as mischaracterizing the typical behavior of SPAM. In this case, the Customer will be duly informed, via email, about the process and number of disengaged leads removed. The Customer may request, through Licensor's respective support channels, a list containing the leads that are removed through this process, to be made available by Licensor.
10.11. In addition, Customer agrees that, in using the Software, it will not:
- Practice or propagate falsehoods/fake news, understood as false information (i.e., deliberate and voluntary disclosure of information that Licensee knows to be false or is notoriously false) and misrepresentation;
- Post or transmit any abusive or offensive content in the comments;
- Commit fraud;
- Violate or infringe any third party's intellectual property rights, fiduciary or contractual rights, privacy or publicity rights;
- Propagating, distributing or transmitting destructive code, whether or not it has caused actual harm;
- Gather personal or business data, including (but not limited to) email addresses and/or names of any Internet resource, whether managed by Licensor or third parties, for commercial, political, charitable or other purposes, without the consent of the owners of such data;
- Reproduce, replicate, copy, alter, modify, sell, resell or create derivative works from any of Licensor's services or any part thereof, including websites and web pages, or the information or data contained in the Software services;
- Transmit content that does not belong to Licensee or that Licensee has no right to publish or distribute, either under law or contract;
- Access the Software without authorization, through "hacking", "password mining" or any other fraudulent means or that represents a violation of third party rights;
- Carry out or encourage any activities illegal accessions;
- Promote gambling, pyramid schemes and/or fraudulent financial schemes;
- Failure to comply with any applicable laws, standards, rules, principles and regulations
10.11.1. Violation of any of the rules set forth herein will result in the blocking of access to the Software, without prejudice to the cancellation of the Customer's account and eventual charges for losses and damages.
10.12. The Licensor is not responsible for the content published through the Software, and may remove the content from the Internet if it is found to be in violation of this term or the rights of third parties.
11. SHARED ACCESS
11.1. The sharing of access data is not allowed under any circumstances, so that the Client may have his access blocked if the system identifies access by different IPs. For blocked accesses, the Customer will have to wait up to 72 (seventy-two) hours for its access to be released again, after analysis by the Licensor's IT team.
11.2. Sharing access data, as well as copying and/or distributing content, without the written authorization of the respective author, is considered piracy.
12. GENERAL TERMS AND CONDITIONS
12.1. By contracting the Licensor's Software, the Client is fully aware that the system undergoes changes daily, and prior notices are not mandatory for each change, unless deemed necessary by the Licensor, in its sole discretion.
12.2. The Customer is also fully aware that there is a possibility of encountering "bugs" in the Software, that is, failures in the processes, as well as facing slowness and the impossibility of using the system for a few hours.
12.3. Specifically regarding the plans that have SMS sending to leads, there are certain words, related to sensitive or illegal topics, which, if they appear in the text of the SMS, may result in the blocking of the respective messages by the phone companies, on the initiative of a completely unrelated person. at the will of the Licensor, causing the effective delivery to the recipients to not occur. Such words are defined at the sole discretion of the telephone operators and are not publicly disclosed, so there is no way for the Licensor to know which words these are. Because of this, the Customer is already aware that, in the cases in which the SMS are not delivered to the recipients due to a blocking promoted by the phone companies, the collection of the amounts due will be carried out normally by the Licensor, without the Customer, in these situations, the right to any type of reimbursement and/or indemnification.
12.4. The Licensor is not responsible for any material damage, moral damage or loss of profits due to unforeseen bugs, blocking of submissions made to leads by platforms or third-party companies, and/or temporary external occurrences that every company is subject to.
12.5. This Term will be periodically reviewed by the Licensor, which may change it, deleting, modifying or inserting clauses or conditions, in its sole discretion. However, the Customer will be informed, through the Software itself, whenever there is a change in the provisions of this Term, so that it can be aware of the new conditions. If you do not agree with the changes, you must cancel your registration and cease any and all use of the Software.
12.6. Under no circumstances or in any situation shall the eventual existence, or the presumption of any employment relationship, or obligations of a labor and social security nature be presumed between the Parties, by themselves or with the agents or employees of the other Party, nor any of the Parties will be guarantor of the obligations and labor and social charges of the other Party, which assumes, in this act, full responsibility for such obligations, including civil and criminal.
12.7. Taxes of any nature that are due as a direct result of contracting the Software offered by the Licensor are the sole responsibility of the taxpayer of the respective tax, as defined in the tax legislation.
12.8. The Parties will comply with and will ensure that all of their employees, subcontractors, consultants, agents or representatives comply with Law 12.846/13, and other applicable anti-corruption laws. Neither Party shall pay, offer, promise or give, directly or indirectly, any amount or thing of value, including any amounts paid to it as a result of contracted services, to any employee or official of a government, company or government-controlled company or owned by the same, political party, candidate for political office, or any other person being aware of, or believing that such value or item of value will be passed on to someone else, to influence any action or decision by such person or by any government agency for the purpose of obtaining, retaining or conducting business for either Party.
12.9. This Term constitutes the agreement between the Parties, regarding the use of the Platform and prevails over any previous agreements.
12.10. The Curitiba/PR forum is elected to settle any disputes regarding the use of the Software or this Term, to the exclusion of any others, however privileged they may be.