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TERMS OF USE AND MEMBERSHIP 

Date of update: May 13, 2024.

Welcome to Prospect Chat

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE SERVICES ON OUR PLATFORM. REMAINING IN THIS VIRTUAL ENVIRONMENT AUTOMATICALLY IMPLIES THAT YOU HAVE READ AND ACCEPTED THESE TERMS.

DEFINITIONS

  • 1.1 These terms of use ("Terms") govern your access and use, within Brazil, of the virtual environment(s) made available and maintained by LEADFY MARKETING E TECNOLOGIA LTDA, hereinafter referred to as Leadfy, a legal entity duly registered with the CNPJ under no. 49.924.074/0001-03, with address at Q SAU/S Quadra 5 Bloco N Sala, Nº 1008, Edif OAB, Asa Sul - CEP 70.070-050 - Brasília, Distrito Federal.

    • 1.1.1 Whenever we refer to documents, services, materials, communications and other information, we mean the content that we make available in the virtual environment(s).
    • 1.1.2 Whenever we refer to the virtual environment, we are referring to the "Prospect Chat" platform ("we", "our", and other analogous pronoun variations), and the provision of a conversational intelligence system for pre-sales service of our platform.
    • 1.1.3 By "user" or "you" we mean anyone who is reading our Terms, anyone who browses our virtual environment(s) and anyone who is registered as a Prospect Chat user, this includes legal entities and their representatives. and their representatives.
    • 1.1.4 By "external customer" we mean our users' customers;

  • 1.2 Access to the virtual environment(s) and contracting of services is free to all users aged 18 (eighteen) or over.

    • 1.2.1 If you, the user, are under 18 (eighteen) years of age, you may only use or contract services with the permission or consent of your respective legal guardians.
    • 1.2.2 By agreeing to the terms, accessing the virtual environment(s) or contracting services, you affirm that you have the legal capacity to fulfill the obligations and declarations set forth herein.

PURPOSE

  • 2.1 Our Terms are intended to explain to the user what their rights and duties are when using our virtual environment(s).

    • 2.1.1 All documents, services, materials, communications and other information made available shall be governed by these Terms
    • 2.1.2 By accessing and using our virtual environment(s) you agree to these terms and conditions, which establish the contractual relationship between us and you as a user.
    • 2.1.3 If you have any doubts or do not agree with any of the provisions herein, you must immediately cease using the virtual environment(s).

  • 2.2 Details of how your data is processed and stored by us are set out in our privacy policy, which can be accessed by the user in our virtual environment(s).

ACCESS AND REGISTRATION

  • 3.1 In order to access our virtual environment(s) and all the functionalities provided by Prospect Chat, you will need to register and, in some cases, contract services. In addition, security may be carried out by requesting new documentation, as described in our privacy policy.

    • 3.1.1 To formalize the registration, the user's personal data will be required, as described in our Privacy Policy.
    • 3.1.2. The user undertakes to provide truthful data and information, taking responsibility for any inconsistencies.
    • 3.1.3 Once you have registered, you as a user will have an account, which can only be accessed by you or by authorized persons, with the creation of sub-accounts. You agree to keep your login and password secure, confidential and out of the reach of third parties. and out of the reach of third parties. Any activity carried out using the user's login and password will be the responsibility of the user, and the user undertakes to inform Leadfy in the event of misuse of the account.
    • 3.1.4 You undertake to keep your data and information up to date, assuming responsibility for any error in the provision of services arising from outdated data and information.
    • 3.1.5 It is hereby established by the Parties that the user who has Sub-Accounts linked to his/her Master Account shall be jointly and severally liable for any and all obligations arising from these Sub-Accounts.

  • 3.2 The user's access to the virtual environment(s) may be suspended or canceled if fraud is found, if the services are used to obtain an undue advantage, or if any other condition is not met. imposed by our Terms, any Additional Terms or our Privacy Policy.

VIRTUAL ENVIRONMENT AND FUNCTIONALITIES

  • 4.1. Through Prospect Chat, Leadfy offers a pre-sales service that uses an artificial intelligence system to simulate human customer service. The system will be integrated with the user's stock and CRM, as long as it meets the prerequisites specified by Leadfy, enabling monitoring via an online dashboard containing information on the leads converted and the calls made by the system.

    • 4.1.1 The virtual environment may have specific terms for onerous services and services provided by third parties. These terms form an integral part of the relationship between the user and Leadfy.
    • 4.1.2 Services provided by third parties ("Business Partners") shall be governed by the terms and conditions laid down by such third party, without any direct interference by Leadfy in the prices and rules applied by such third party. The user should read the applicable terms for these services, which will be made available prior to contracting.

  • 4.2 Different functionalities are made available to the user on our platform, which can be free or expensive. Leadfy is remunerated on a monthly basis, according to the plan chosen by the user.

    • 4.2.1 We may, at our sole discretion, modify the services offered and their fees. Leadfy reserves the right to make unilateral adjustments at any time and at its sole discretion. 30 (thirty) days in advance.

  • 4.3 Costly functionalities may have their access restricted to specific contracting conditions, which will be made available in the virtual environment(s). The amounts and fees applied to each feature/service will be indicated on the platform.

    • 4.3.1 From time to time, restricted and expensive functionalities may be made temporarily available to users free of charge. After the end of the period made available, the functionalities will be updated with the corresponding fee.

  • 4.4 The features available may be discontinued at the discretion of Leadfy or its commercial partners. In such cases, notice will be given as early as possible.

  • 4.5. Late payment of the monthly fee will result in suspension of the user's access, who must pay the updated amount in order to regain access to the functionalities provided by Leadfy.

  • 4.6 You may use the Service Channels provided in the virtual environment(s) whenever you need to contact us, or by the following means of contact:

    • E-mail: cs@leadfy.me
    • Phone: +55 61 9128-0541

TERM AND REMUNERATION

  • 5.1 For the use of our services, you agree to pay Leadfy a fixed monthly fee, which does not include additional tools such as websites, lead management, call monitoring, CRM's, among other services not specified in in these terms of use.

  • 5.2 Leadfy declares that all taxes and charges applicable to this type of service are included in the price of the services. It shall be the responsibility of the person subject to the tax obligation, under the terms defined by law, to collect taxes, fees and contributions of any kind relating to this Contract.

  • 5.3 The monthly fee must be paid on the date chosen by the user at the time of choosing the service plan and any delay of more than 30 (thirty) days will result in the user's access being suspended until it is duly settled.

  • 5.4 The user's registration period will be the one chosen at the time of contracting. Termination may be requested at any time by the user, provided that at least 30 (thirty) days' notice is given. There will be no refund of any amount paid other than those due in the event of regret, under the terms of article 49 of the Consumer Protection Code.

RESPONSIBILITIES

  • 6.1 The use by the user of the virtual environment(s) and its functionalities constitutes a temporary, revocable, non-exclusive, limited and personal use license.

    • 6.1.1 This means that we do not transfer any type of ownership of software, brands, content or any other intellectual production made available in our virtual environment(s).

  • 6.2 The contracting of costly functionalities and/or those of Commercial Partners is at the sole discretion of the user and their conditions are set out in this document, as well as in the Additional Contracting Terms and in the Privacy Policy.

  • 6.3 Access to an internet connection is a requirement for accessing and using the virtual environment(s) and it is the user's responsibility to maintain their connection at all times.

  • 6.4 Due to the characteristics of virtual environment services, we cannot be held responsible for interruptions or connection failures, incomplete or incompatible device transmissions, errors in the processing of outdated or erroneously entered data, technical faults, whether software or hardware or of any other nature. or erroneously entered data, technical faults, whether software, hardware or of any other nature.

    • 6.4.1. The user assumes full responsibility for the security of the devices they use to access the virtual environment(s).

  • 6.5. The user acknowledges that all communication made by e-mail (to the e-mail address provided in their registration) is valid, effective and sufficient for the disclosure of any matter relating to the virtual environment(s).

  • 6.6 The user, while using the virtual environment(s), is prohibited from:

    • Disclose security information such as login and password to access the virtual environment(s);
    • Violate any intellectual property, whether by reproducing, copying, republishing, commercializing, sublicensing or assigning content;
    • Damaging, altering or harming the virtual environment(s) in any way;
    • Use the virtual environment(s) in non-compliance with the legislation of their country of residence;
    • Access programming areas of the virtual environment(s), their databases, source code or any other set of data available in these environments;
    • Reverse engineer, translate, decompile, copy, modify, reproduce, rent, sublicense, publish, disclose, transmit, lend, distribute or otherwise dispose of inappropriately the functionalities and information in of the virtual environment(s).

  • 6.7 The virtual environment(s) and their functionalities are presented to you as they are available.

    • 6.7.1 We undertake to keep the virtual environment(s) available continuously and permanently, however, temporary unavailability may occur, which may result from necessary maintenance, or in cases of force majeure. In such cases, we will make every effort to re-establish availability in a short period of time and will not be held liable for any damages.

  • 6.8 Responsibility for Use. You are solely responsible for the use and must respect the rules of these Terms of Use, as well as the applicable legislation.

  • 6.9 Liability for Damages. Leadfy, its parent company, affiliates, partners or employees shall not, under any circumstances, be liable for direct or indirect damages arising out of or in connection with the access, use or the inability to access or use our platform.

  • 6.10. Non-Responsibility. In view of the inherent characteristics of the Internet environment, Leadfy shall not be liable for interruptions or suspensions of connection, incomplete or failed computer transmissions, or for technical failure of any kind, including but not limited to electronic malfunction of any network, hardware or software.

  • 6.11 Maintenance. It is your sole responsibility to keep the environment of your device (computer, cell phone, tablet, etc.) secure, using available tools such as antivirus, firewall, etc., in order to help prevent electronic risks. prevention of electronic risks.

  • 6.12. Exclusion of Liability. Prospect Chat acts as a conversational intelligence tool, using artificial intelligence to carry out commercial pre-service on sales websites, with direct integration to the stock stock. Prospect Chat undertakes to provide an efficient service and to ensure accurate integration with users' stock systems, in accordance with the parameters established by them. However, it is important to note that Leadfy, as the company that manages the tool, is not directly responsible for the specific commercial results arising from the use of the system or for the continued availability of integrated third-party services, such as changes to APIs or stock supplier policies. Prospect Chat's responsibility is limited to the technical management of pre-service and correct integration in accordance with the specifications agreed with users.

  • 6.13. External relationships. You may only use our services and platform for legitimate transactions with your Clients. You are solely responsible for the relationship with your Customers. Leadfy is not responsible for products or services advertised or marketed, or that your Clients purchase with the help of Prospect Chat. Furthermore, the user declares that Leadfy shall have no liability whatsoever:

    • the existence of risks related to the products and/or services provided to its Clients, especially with regard to dangerousness or harmfulness;
    • insufficient and/or inadequate information on the characteristics of the products and/or services;
    • the practice of misleading or abusive advertising, as well as coercive, unfair or abusive commercial practices against Consumers;
    • problems with the delivery or provision of the services contracted between You and Your Customers, defects, vices of quality or quantity, or vices arising from disparity with the indications on packaging, labels, containers or advertising messages.

INTELLECTUAL PROPERTY

  • 7.1 All components of our services - such as names and titles, products, content, texts, brands, logos, software, photographs, videos, industrial designs and models, structure and appearance of the platform and content, domain names, among others - are the property and right of Leadfy or third parties who have legally authorized their use, reproduction and display. names, among others - are the property and right of Leadfy or of third parties who have legally authorized their use, reproduction and display, with all rights reserved. These components are protected by copyright and intellectual property rights.

  • 7.2 Non-acquisition of Rights. The user shall not acquire any ownership rights over Leadfy's services and content, except where expressly granted in these Terms of Use or by legal determination.

  • 7.3 Downloading Content. It is forbidden for the user to download our content in order to store it in a database and offer it to a third party other than the user. It is also forbidden for the content made available be used to create a database or service that could compete in any way with our business.

COPYRIGHT INFRINGEMENT

  • 8.1 Infringement of rights. Claims of copyright infringement of any content available on Leadfy should be sent by e-mail to: administrativo@leadfy.me

CHANGE OF TERMS

  • 9.1 Leadfy may change these Terms at any time by making the updated version available here, so that if you continue to access or use the services after this posting, your consent to the updated Terms will be presumed, if you do not agree with the changes, please cease use immediately.

  • 9.2 Additional terms may apply to certain documents, services, materials, communications and other information such as conditions for a particular event, activity or promotion, and such additional terms will be disclosed in relation to the respective services.

    • 9.2.1 Additional terms are supplementary to and considered an integral part of these Terms.
    • 9.2.2 Additional Terms shall prevail over these Terms in the event of conflicting provisions.

GENERAL PROVISIONS

  • 10.1 Tolerance of any breach of any condition of these Terms shall not constitute a waiver or novation and shall not prevent the requirement of these conditions at any time.

  • 10.2 If any provision of these Terms is found to be unenforceable, illegal, invalid, unenforceable or without effect, the legality, validity and enforceability of the remaining provisions contained therein shall not be affected.

    • 10.2.1 In such a case, the parties shall replace the illegal, invalid or unenforceable provision, or part thereof, with another that is legal, valid and enforceable and that, to the maximum extent possible, has a similar effect to the provision deemed illegal, invalid or unenforceable for the purposes of the content and purpose of these Terms.

  • 10.3 All registrations and data storage carried out in the environment of the Site and our services, will be carried out and cataloged based on the official time of Brasilia, unless otherwise specified.

  • 10.4 Law and jurisdiction. These Terms shall be governed by and construed exclusively in accordance with the laws of Brazil. Any claim, conflict or controversy arising out of or in connection with this agreement, including with respect to its validity, interpretation or enforceability, shall be settled exclusively by the courts of the district of Brasilia - DF, to the detriment of any other, however privileged.

  • 10.5 Thus, with the user's agreement, these terms will govern the contractual relationship established between the parties, and the date of the last update can always be consulted at the beginning of this document.

TERMS OF USE AND MEMBERSHIP
TERMS OF USE AND MEMBERSHIP
TERMS OF USE AND MEMBERSHIP
TERMS OF USE AND MEMBERSHIP

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Todos os direitos reservados.

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