Terms of Service

1. Acceptance of the Terms

By accessing or using Fluxomind's services ("Services"), including our platform, applications, APIs and messaging integrations (including WhatsApp Business), you agree to be bound by these Terms of Service ("Terms"). If you do not agree with these Terms, do not use our Services.

These Terms are a legal agreement between you and FLUXOMIND LTDA, enrolled with the Brazilian corporate taxpayer registry (CNPJ) under No. 60.162.547/0001-15, headquartered in São Paulo/SP, Brazil ("Fluxomind", "we", "us" or "our").

2. Description of the Services

Fluxomind offers an AI and automation platform that enables:

• Creation and management of intelligent automations
• Integration with communication channels, including WhatsApp Business
• Development of chatbots and virtual assistants
• Data analysis and insight generation
• Business process automation

3. Eligibility

To use our Services, you must:

• Be at least 18 years old
• Have the legal capacity to enter into binding contracts
• Not be barred from receiving services under applicable law
• Represent a duly constituted company or legal entity, where applicable

4. User Account

To access certain features of the Services, you will need to create an account. You are responsible for:

• Keeping your access credentials confidential
• All activity carried out under your account
• Notifying us immediately of any unauthorized use
• Providing accurate and up-to-date information

5. Messaging and WhatsApp Business

By using our messaging Services, including the WhatsApp Business integration, you agree to:

• Obtain consent: ensure you have the recipients' explicit opt-in before sending messages
• Respect preferences: honor opt-out requests immediately
• Permitted content: not send spam or illegal, fraudulent, misleading or offensive content
• Appropriate frequency: not send excessive messages or at inappropriate times
• Clear identification: clearly identify your company in all communications

You also agree to comply with Meta/WhatsApp policies, including the WhatsApp Business Messaging Policy and the WhatsApp Business Terms of Service.

6. Acceptable Use

You agree not to use the Services to:

• Violate applicable laws or regulations
• Infringe third-party intellectual property rights
• Transmit viruses, malware or malicious code
• Collect user data without consent
• Reverse-engineer or decompile the software
• Overload or interfere with the Services' infrastructure
• Create fake accounts or impersonate others
• Send unsolicited communications or spam
• Promote illegal, discriminatory or harmful activities

7. Intellectual Property

All intellectual property rights related to the Services, including software, design, trademarks and content, belong to Fluxomind or its licensors. You receive a limited, non-exclusive, non-transferable license to use the Services under these Terms.

You retain ownership of all content you create or upload through the Services, granting Fluxomind a license to process and display such content as necessary to provide the Services.

8. Privacy and Data Protection

The processing of your personal data is governed by our Privacy Policy. By using the Services, you agree to the collection and use of data as described in the Privacy Policy.

Fluxomind is committed to compliance with the Brazilian General Data Protection Law (LGPD) and other applicable data protection legislation.

9. Payments and Subscriptions

Some Services may require payment. By purchasing paid Services, you agree to:

• Provide accurate and up-to-date payment information
• Pay all applicable fees when due
• Accept automatic renewal of subscriptions unless cancelled in advance
• Accept price changes upon 30 days' prior notice

10. Limitation of Liability

To the maximum extent permitted by law:

• The Services are provided "as is", without warranties of any kind
• Fluxomind shall not be liable for indirect, incidental, special or consequential damages
• Our total liability shall not exceed the amount you paid in the last 12 months

11. Indemnification

You agree to indemnify and hold harmless Fluxomind, its officers, employees and partners from any claims, losses or damages arising from: (a) your use of the Services; (b) violation of these Terms; (c) violation of third-party rights; or (d) content you transmit through the Services.

12. Termination

We may suspend or terminate your access to the Services at any time, with or without cause, upon notice. You may close your account at any time through the account settings or by contacting us.

Upon termination, your right to use the Services ceases immediately. Provisions that by their nature should survive termination shall remain in force.

13. Changes

We reserve the right to modify these Terms at any time. Significant changes will be communicated by e-mail or through the Services. Continued use of the Services after the changes constitutes acceptance of the new Terms.

14. Governing Law and Venue

These Terms are governed by the laws of the Federative Republic of Brazil. Any dispute shall be submitted to the courts of the district of São Paulo, SP, Brazil, to the exclusion of any other, however privileged.

15. General Provisions

• Entire agreement: these Terms constitute the entire agreement between you and Fluxomind
• Waiver: failure to exercise any right does not constitute a waiver of it
• Severability: if any provision is held invalid, the remaining ones remain in force
• Assignment: you may not assign your rights without our prior written consent

16. Contact

For questions about these Terms of Service, contact us: