1.Definitions and Introduction
1.1.
Platform / System / Lead2Sales:online environment provided by Lead2Sales Marketing e Inteligência Artificial LTDA (“Lead2Sales”, “we”), which allows the creation, management and operation of AI agents and automations, including integrations with messaging channels.
1.2.
Client / User:individual or legal entity that accesses and uses the Platform (“you”).
1.3.
Third Parties: external services integrated or necessary for the operation of the Platform, including, but not limited to, Meta/WhatsApp/Instagram, API providers, hosting, and language model providers (LLMs).
1.4.
Underlying technology: part of the platform may use components, libraries, infrastructure or technology licensed from third parties, without this altering the responsibilities and limitations provided in these Terms.
1.5.
By creating an account, accessing or using the Lead2Sales platform, the User declares that they have read and fully accept these Terms of Use. This electronic acceptance is sufficient to form a binding agreement between the parties, with no need for a physical signature.
1.6.
You declare that you are 18 years of age or older and have civil capacity to accept these Terms.
1.7.
We may use cookies and similar technologies in accordance with our Privacy Policy/Cookies.
2.Acceptance and Document Hierarchy
2.1.
These Terms govern the use of the Platform. Professional services (e.g., setup, implementation, consulting) may be governed by a separate contract and do not alter these Terms.
2.2.
In case of conflict between these Terms and any service contract, the following prevails:
- (a) for use of the Platform: these Terms;
- (b) for the provision of services: the specific contract.
3.Acceptable Use and Prohibitions
3.1.
The Platform is intended for the Client’s own use. Reselling access or service is prohibited unless expressly authorized in writing.
3.2.
You may not:
- (a) use the Platform in a way that compromises its stability, security or performance;
- (b) use it for illegal, fraudulent, abusive, defamatory, discriminatory purposes or in ways that violate third-party rights;
- (c) send spam, perform improper bulk messaging or activities that violate the policies of integrated channels;
- (d) distribute malware, exploit vulnerabilities or attempt unauthorized access;
- (e) perform scraping/automated collection without written consent;
- (f) decompile, reverse-engineer, modify, copy, reproduce or create derivative works of the Platform;
- (g) use the Platform to store or transmit illegal content (including copyright-protected materials without permission).
3.3.
The Client is solely responsible for the content sent, stored, configured and communicated through the Platform, including messages sent to end users.
4.Registration, Account and Client Responsibilities
4.1.
To create an account, the Client must follow the procedure indicated by Lead2Sales. We may request verification and compliance information.
4.2.
You are responsible for:
- (a) keeping registration data correct and up-to-date;
- (b) maintaining the confidentiality of credentials and access;
- (c) all activities performed on the account, even by third parties authorized by you.
4.3.
Lead2Sales may suspend, limit, cancel or restrict accounts and access, at its discretion, when: (i) there is suspicion of violation of these Terms; (ii) there is a security risk; (iii) there is a legal requirement; (iv) there is non-payment; (v) there is an order from a third-party provider/channel.
5.Subscription, Payment and Refund Policy
5.1.
The Platform generally operates on a prepaid or advance-billing basis, according to the contracted plan.
5.2.
The subscription is normally monthly, with recurring billing, according to the chosen plan and payment method.
5.3.
There are no refunds, except as expressly provided in writing for a specific campaign/promotion, or when required by law.
5.4.
Upgrades may take effect immediately; downgrades may be applied in the next billing cycle, according to the plan rules.
5.5.
Additional items (users, contacts, channels, consumption, etc.) and extra services may be charged separately.
6.Integrations with Third-Party Channels and Services
6.1.
The Platform may integrate with channels such as WhatsApp and Instagram/Direct, as well as other services and APIs.
6.2.
Each channel/third party has its own terms, policies and rules. The Client is responsible for complying with them, including messaging policies, templates, quality, consent, opt-in, verification and operational limits.
6.3.
Unofficial WhatsApp risks: if the Client chooses unofficial integrations, they acknowledge that there is a greater risk of instability, blocks and/or banning of the number/account.
6.4.
Lead2Sales does not control decisions of providers (e.g., Meta/WhatsApp/Instagram) and is not responsible for restrictions, blocks, suspensions, bans, limitations, rule changes, instability, unavailability or API closures.
7.Artificial Intelligence: Limitations, LLMs and Recommended Conduct
7.1.
The Platform may use language models (LLMs) and other AI components provided by third parties.
7.2.
You acknowledge and agree that:
- (a) the AI may generate inaccurate, incomplete, mistaken or “nonsensical” responses (hallucinations);
- (b) the AI may fail to correctly interpret the end user’s intent;
- (c) the AI may show performance variations due to third-party instabilities (APIs/LLMs/infra);
- (d) the AI does not automatically access external/third-party links to “fetch information” (except for specific integrations), and may not be able to “read” external content;
- (e) AI outputs are assistance and do not replace human validation when applicable (e.g., sensitive, legal, financial, medical information, commercial promises, customer-service policies).
7.3.
The Client is responsible for reviewing and validating critical flows, messages and content before use in production and for defining limits and handoffs to human service when necessary.
8.Availability, Operational Failures and Maintenance
8.1.
The Platform is provided “as is” and “as available”. We may perform scheduled and emergency maintenance.
8.2.
Operational failures, delays, unavailability, disconnections and interruptions may occur due to:
- (a) internet, power, Client hardware;
- (b) unavailability/instability of third-party channels;
- (c) unavailability of LLM/API/infrastructure providers;
- (d) technical or policy changes in third-party services.
8.3.
Lead2Sales does not guarantee uninterrupted availability and is not responsible for losses arising from unavailability caused by third parties or factors beyond its reasonable control.
9.No Guarantee of Results
9.1.
Lead2Sales does not guarantee commercial results, including, without limitation: increase in sales, conversions, revenue, lead generation, customer retention, cost reduction or any specific KPI.
9.2.
Results depend on external factors: offer, price, reputation of the number/account, human service, market, campaigns, database, channel policies, quality of information provided by the Client, among others.
10.Limitation of Liability
10.1.
To the maximum extent permitted by law, Lead2Sales shall not be liable for indirect, incidental, special, punitive, exemplary or consequential damages, including, without limitation, lost profits, lost revenues, lost opportunities, data loss, business interruption or damage to reputation.
10.2.
Lead2Sales is not responsible for blocks, bans, suspensions, limitations or obstructions imposed by third-party channels (Meta/WhatsApp/Instagram) nor for failures of LLMs/APIs/integrators.
10.3.
Liability cap:when permitted by law, Lead2Sales’ total liability for any claims related to the use of the Platform will be limited to the total actually paid by the Client to Lead2Sales for use of the Platform in the month immediately preceding the event giving rise to the claim.
11.Indemnification
11.1.
The Client agrees to indemnify and hold harmless Lead2Sales and its officers, employees, partners and agents from any claims, fines, sanctions, losses, damages and expenses (including attorneys’ fees) arising from:
- (a) improper use of the Platform;
- (b) violation of these Terms;
- (c) violation of third-party channel terms/policies;
- (d) content sent by the Client;
- (e) violation of third-party rights.
12.Security, Privacy and LGPD
12.1.
The processing of personal data will follow the LGPD and our Privacy Policy.
12.2.
The Client declares to have the legal basis and authorizations necessary to process data and contact end users (e.g., opt-in).
12.3.
Each party adopts reasonable security measures, but no system is infallible. The Client acknowledges the risks inherent to internet communications and third-party services.
13.Intellectual Property
13.1.
The Platform, its architecture, interfaces, code, models, templates, methodologies, standard flows and components are owned by Lead2Sales and/or its licensors, protected by applicable law.
13.2.
The Client retains ownership of their own data and content entered into the Platform, granting Lead2Sales a limited license to process such data exclusively to provide and improve the operation of the service, as set out in the Privacy Policy.
14.Suspension and Termination
14.1.
We may suspend or terminate the Client’s access for violation of these Terms, operational/security risk, legal requirement or third-party provider request.
14.2.
The Client may request cancellation of the account through official channels. Cancellation does not eliminate amounts already charged, nor generate refund, unless required by law.
15.Changes to these Terms
15.1.
We may modify these Terms at any time. When applicable, we will notify within the Platform.
15.2.
Continued use after the update means acceptance of the new Terms.
16.Governing Law and Venue
16.1.
These Terms are governed by Brazilian law.
16.2.
The courts of the District of São Carlos – SP, Brazil are elected, with waiver of any other, except where legally prohibited.