These Terms of Service (“Terms”) govern access to and use of the platform, the website, and the services offered by Talqui, registered under CNPJ No. 33.501.918/0001-73 (“Talqui,” “we”), by you or by the company you represent (“you,” “Subscriber”). By creating an account, purchasing a plan, or using the services, you declare that you have read, understood, and agreed to these Terms.
1. Definitions and interpretation
For the purposes of these Terms: “Platform” means Talqui's customer service and conversation automation software; “Services” means the Platform and related services; “Account” is the Subscriber's registration; and “Subscriber Data” means the data entered or exchanged by you on the Platform. Section headings are for organizational purposes only and do not affect interpretation.
2. Acceptance and eligibility
To use the Services, you must be at least 18 years old and have the legal capacity to enter into a contract. If you accept these Terms on behalf of a legal entity, you represent that you have authority to bind it. If you do not agree to these Terms, do not use the Services.
3. Account and access
You are responsible for keeping your access credentials confidential and for all activities carried out under your Account. You agree to provide truthful, up-to-date information and to notify us immediately of any unauthorized use. We may suspend access if misuse is suspected or if there is a security risk.
4. Acceptable use
You agree to use the Services in compliance with applicable law, including Brazil's Internet Civil Framework (Law No. 12,965/2014) and the LGPD (Law No. 13,709/2018). The following, among other conduct, is prohibited:
- sending unsolicited messages (spam) or messages that violate the policies of the connected channels (such as WhatsApp/Meta);
- infringing third-party rights or transmitting unlawful, fraudulent, or defamatory content, or content that violates intellectual property rights;
- attempting to improperly access systems, circumvent technical limits, reverse engineer, or compromise the security of the Platform;
- using the Services for illegal purposes or in ways that may harm Talqui or third parties.
Noncompliance may result in suspension or termination, without prejudice to any other applicable measures.
5. Plans, pricing, and payment
The Services are offered on a subscription basis, according to the plan purchased. Prices, billing frequency, and any usage credits are disclosed at the time of purchase. Unless otherwise stated, charges are recurring and renew automatically at the end of each cycle. Applicable taxes may be added. Late payment may result in suspension of access.
Any refunds are subject to applicable consumer protection law, including the right of withdrawal provided for in Article 49 of Brazil's Consumer Protection Code, where applicable.
6. Subscriber Data
You retain ownership of the Subscriber Data. With respect to such data, Talqui acts as a processor, handling it in accordance with your instructions and as necessary to provide the Services. You are responsible for having a legal basis and the necessary authorizations to process the data you enter or exchange on the Platform.
7. Availability, support, and warranties
We strive to keep the Services available and secure, but they are provided “as is,” and interruptions may occur for maintenance, updates, or due to external factors. Any service levels (SLAs) and support channels are those described in the plan purchased.
8. Intellectual property
The Platform, including software, trademarks, layout, text, and other elements, is owned by Talqui or its licensors and is protected by applicable law. These Terms grant you a limited, non-exclusive, and non-transferable license to use the Services during the subscription term, without implying any assignment of intellectual property rights.
9. Confidentiality
Each party undertakes to protect the confidential information to which it gains access as a result of the relationship, using it only for the purposes of these Terms and not disclosing it to third parties without authorization, except where required by law or by order of a competent authority.
10. Data protection
Talqui's processing of personal data complies with the LGPD and is described in our Privacy Policy, which forms an integral part of these Terms for all purposes.
11. Limitation of liability
To the maximum extent permitted by law, Talqui is not liable for indirect damages, lost profits, or loss of data arising from the use of or inability to use the Services. Nothing in these Terms excludes liability that cannot be limited by law, including toward consumers.
12. Term and termination
These Terms remain in effect for as long as you use the Services. You may terminate your subscription at any time, subject to the plan's conditions. We may suspend or terminate access in the event of a breach of these Terms or of the law. Once the relationship ends, access to the Platform ceases, subject to the data retention and deletion periods set out in the Privacy Policy.
13. Communications and notices
Communications related to the Services may be made by email, through the Platform, or by other electronic means. A communication sent to the contact details provided in your Account is deemed valid.
14. Assignment
You may not assign or transfer these Terms without our prior consent. Talqui may assign them in the context of corporate transactions, upon notice, while preserving your rights.
15. General provisions
We may update these Terms from time to time; material changes will be communicated and the “Last updated” date will be revised. The invalidity of any clause does not affect the others. Tolerance of any breach does not constitute a waiver of rights.
16. Governing law and venue
These Terms are governed by the laws of the Federative Republic of Brazil. The courts of the consumer Subscriber's domicile shall have jurisdiction to settle disputes, in accordance with the Consumer Protection Code; in non-consumer relationships, the courts of the district where Talqui's headquarters is located shall apply.
17. Contact
TALQUI SISTEMAS E SERVICOS LTDA
CNPJ: 33.501.918/0001-73
Email: [email protected]