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Terms of use
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Welcome to the Terms of Use for the service provided by SellFlux. These Terms govern the services we provide and include our Acceptable Use Policy.
By subscribing and using our software, you agree to these Terms and the Acceptable Use Policy. It is important that you read this document carefully. If you do not agree with any provision, we recommend that you stop using the service.
We reserve the right to update these terms and conditions from time to time. We will notify you of any changes by posting them on our Website and they will apply immediately upon posting. Furthermore, we recommend that you check this document regularly to keep updated.
Don't hesitate to contact us at https://sellflux.com/suporte-comercial if you have any questions.
Thank you for choosing SellFlux. We hope you have a great experience!
1 - DEFINITIONS OF KEY TERMS IN THE DOCUMENT:
CONTROLLER: The Controller is the entity responsible for determining the purposes and means of processing personal data, including its collection, storage, and protection. This may be an individual or a company. The Controller is responsible for ensuring compliance with LGPD and for upholding individuals' rights, such as access and rectification of their data.
OPERATOR: In the context of the LGPD, the operator is the person or company that processes personal data on behalf of the controller, strictly following the controller's instructions. The operator collects, processes and stores data, but does not determine how the data is used, but acts according to the instructions given by the Controller.
DATA SUBJECT: The Data Subject is the individual to whom the personal data relates. They have the right to know who is processing their data, for what purpose, and may request the correction or deletion of their data. The LGPD protects these rights, ensuring that data processing is secure and transparent.
USER: Any natural or legal person who accesses or uses the automation software offered by SellFlux. The user is responsible for all actions performed within the software. This includes, but is not limited to, configuration, data entry and automated operations. By using the software, the User agrees to comply with all the conditions set out in these Terms of Use and is responsible for ensuring that the use of the software complies with all applicable laws and regulations.
DATA PROCESSING: Data processing refers to any operation performed on personal data. This includes collecting, storing, using, sharing, modifying, and deleting information. Essentially, any handling or manipulation of personal data is considered data processing. The LGPD regulates how such processing must be conducted to ensure the protection of individuals' privacy and rights.
CUSTOMER DATA: Refers to all information entered, processed, stored, or generated by the User within the Automation Software, including personal, commercial, financial, and contact data. The User is solely responsible for ensuring compliance with applicable data protection laws, including the LGPD. Sellflux implements security measures to protect Customer Data, but the User must ensure that the data collection and usage comply with all relevant legal and ethical requirements.
ACCEPTABLE USE POLICY ("AUP"): Refers to guidelines and restrictions set forth by Sellflux for the proper and permissible use of the automation software. This policy ensures ethical and lawful usage aligned with its intended purpose, expressly prohibiting abusive use, unauthorized access, or activities that could compromise system security and integrity or violate third-party rights. The User agrees to comply with the AUP and bears full responsibility for any violations arising from their use of the software.
SUBSCRIPTION:Refers to the agreement established between the User and Sellflux granting access to and usage of the automation software upon payment of a periodic fee or other agreed terms. The Subscription grants the User rights to use the software according to the service levels, functionalities, and duration specified in the selected plan. The Subscription automatically renews unless otherwise indicated by the User and may be adjusted or canceled according to conditions outlined in these Terms of Use.
AUTOMATIC RENEWAL: Refers to the process whereby the automation software Subscription is automatically renewed at the end of the contracted period, without requiring action from the User. Renewal occurs under the same conditions and pricing as the existing subscription, unless Sellflux provides prior notification of any changes. Users may cancel Automatic Renewal at any time by following the instructions provided in these Terms of Use.
CANCELLATION: Refers to the action taken by the User or Sellflux to terminate a monthly subscription to the automation software. Cancellation may be requested at any time by following the procedures outlined in these Terms of Use. After cancellation, the User retains access to the software until the end of the paid subscription period, without automatic renewal. Fees already paid are non-refundable unless otherwise specified in these Terms. Sellflux may also initiate cancellation due to breaches of established terms or policies.
TERMINATION: This refers to the early and definitive termination of the automation software subscription contract on a six-monthly or annual plan, before the end of the contracted period. Termination may be requested by the User or by Sellflux in the event of a serious breach of the terms of use, default or other specific conditions set out in the contract. Unlike cancellation, termination may result in immediate interruption of access to the software, and may entail penalties such as fines or loss of the right to refunds of fees paid. For half-yearly or annual plans, termination may have more significant financial impacts, given the commitment made for a longer period.
2 - SUBSCRIPTION FEES AND PAYMENT METHODS:
2.1 The use of the software is subject to contracting a subscription plan, either monthly or annual, where fees are based on the number of leads managed by the User.Each contracted plan has specific limitations, including the maximum number of users who can access the system, the limit on the number of projects that can be created, the number of linked WhatsApp and Instagram accounts and the capacity available for using Kanban CRM. The User declares to be aware that the definition of these limits varies according to the plan chosen, as described in the offer in force at the time of contracting.
2.2 In addition to the subscription fee for the selected plan, the User may contract additional functionalities and services, billed separately according to the prices and conditions informed at the time of purchase or during software use. The additional services available include sending SMS and making phone calls, which will be charged based on the volume used by the User; linking additional devices to the Platform account; contracting a dedicated IP for sending emails, which requires a minimum contracting period of between three and six months; adding an extra volume of leads to the User's account, according to the packages available; contracting a specialized onboarding service, which offers advanced support in configuring the Platform; and monitoring called a sales accelerator, which allows commercial results to be optimized.
2.3 At the time of renewal, we may adjust your Subscription Fees. If this increase applies to you, you will be notified prior to renewal, and the adjusted fees will apply from the start of the next renewal period. If you do not agree to this increase, either party may choose to cancel the subscription by completing the cancellation procedure.
2.4 Payments for subscriptions and additional services may be made through the methods provided by the Platform, including, but not limited to, credit card, boleto, and PIX (common payment methods in Brazil). In the case of plans with automatic renewal, the charge will be made using the payment method registered by the User at the time of contracting, observing the periodicity corresponding to the selected plan. Failure to pay within the stipulated period may result in the suspension or blocking of access to the Platform until the outstanding payment is settled. If automatic billing fails due to an error in the payment method registered, the User will be notified to regularize it, under penalty of suspension of services.
2.5 It is your responsibility to maintain accurate and updated payment information on the Platform. We may make changes to the billing page of the platform, but this will not affect the payment method chosen by you. All payment obligations are irrevocable and will not be canceled or refunded, except as expressly provided in this term. The subscription operates on a prepaid basis; thus, all fees will be billed and paid in advance for the entire subscription period.
2.6 In addition to payment by credit card, the platform offers the option of payment via Pix or boleto (payment methods used in Brazil). For payments made by credit card, automatic renewal will be processed on a monthly basis, with no additional action required on the part of the user. In the case of payment via PIX or boleto, the user must make the payment manually each month to keep the subscription active.
2.7 If payment is not settled, access to the platform will be blocked for a period of 30 days. At the end of this period, all data, projects and automations carried out on the platform will be permanently deleted from the database, with no possibility of recovery. The user acknowledges and accepts that data recovery will be impossible after this period.
3 - DEADLINE:
We offer monthly and annual subscription plans. The initial subscription term will be specified in your purchase order. For monthly subscriptions, unless otherwise specified in the order, your subscription will automatically renew on the same date each month. In the case of annual plans, the initial period will also be defined at the time of purchase, with automatic renewal taking place at the end of each period, in accordance with the conditions specified in the order.
2.2 - CANCELLATION:
You can cancel your monthly subscription at any time. Cancellation will take effect at the end of the current billing cycle, which means that you will continue to have access to the service until the end of the period for which you have already paid. There will be no refund or credit for the days remaining in the billing cycle after cancellation.
4. TERMINATION, CANCELLATION AND THEIR EFFECTS:
It is important to distinguish between cancellation and termination in the context of Sellflux subscriptions. "Cancellation" applies to monthly subscriptions, which renew automatically each month. "Termination," conversely, applies to annual subscriptions with a fixed term established upon contracting.
4.1 Cancellation of Monthly Subscriptions: Cancellation of monthly subscriptions can be requested at any time, directly through the platform or by contacting technical support. Only the owner of the purchase, using the e-mail address provided at the time of purchase, can make the cancellation request. Project members or third parties are not authorized to request cancellation of the subscription. Once the cancellation has been confirmed, the subscription will not be renewed and no new charges will be made.
4.3 Termination of Annual Subscriptions: Annual subscriptions may be terminated at any time, subject to a penalty equivalent to 30% of the fees corresponding to the remaining subscription period. In addition, there will be no refund or reimbursement of amounts already paid up to the time of termination. This policy is designed to guarantee the integrity of the commitments made by both parties when contracting the service.
4.4 To ensure proper processing of cancellations or terminations, requests must be made using the same email address provided at the time of subscription. This allows us to precisely locate the user and their subscription. If the request for cancellation or termination does not include the e-mail address used for the purchase, or is not made by the account holder, the request will not be processed. Compliance with this requirement is essential to ensure the security and correct administration of subscriptions.
5. SUSPENSION:
We may suspend any User's access to any Subscription Service, without prior notice, in the following situations:
(i) use of the Subscription Service in a manner that violates local, state, federal laws, foreign regulations, or the terms of this Agreement;
(ii) use of the email sending service that results in high bounce rates, SPAM warnings, or requests for removal from the list by recipients;
(iii) repeated posting or uploading of materials that infringe or are alleged to infringe the copyrights or trademarks of any person or entity;
(iv) any violation of the Acceptable Use Policy (AUP) provided by the company.
5.1 Suspension of Services Due to Non-payment: As the subscription is prepaid, failure to register payment upon automatic renewal will result in immediate suspension of services.. If payment is not settled within 30 (thirty) days, your access will be permanently deleted. After deletion, all data and settings will be removed, and you will need to re-enter and restructure the entire platform again to reactivate the service.
5.2 Suspension and Termination of the Free Services. We may suspend, limit or terminate the Free Services at any time, for any reason, without prior notice. In addition, your subscription to the Free Services may be terminated in the event of inactivity.
6. ACCESS AND SECURITY:
The User is solely responsible for maintaining the confidentiality of their access credentials and agrees to manage them diligently. In the event of loss, theft or any unauthorized use of passwords, the User must immediately notify the platform administrators in order to protect their account and prevent possible improper access.
6.1 Two-factor authentication (2FA) is an additional layer of security offered by our platform to protect access to your account. This system requires, in addition to your password, a second authentication factor, such as a code sent to your e-mail address, ensuring that only you can access your account, even if your password is compromised. We expressly recommend activating and using two-factor authentication to increase the security of your access to the platform and protect your personal information.
6.2 Our platform offers different levels of access: administrator and project member. The project administrator has full control over the main functions, including adding a balance to the software and requesting cancellation of the platform subscription. For this reason, we recommend that the administrator role be assigned to the person who purchased the platform, thus ensuring direct control over financial and contractual functions. Project member access should be granted to others involved in the project, allowing collaboration and use of the software's tools, but without access to critical administrative functions.
6.3 The platform offers specific functionalities for different access levels, such as administrator and project members, eliminating the need to share users and passwords between those involved. We reiterate that sharing your credentials with third parties is expressly prohibited and discouraged. The company is not responsible for any damage, loss or improper access resulting from sharing users and passwords with third parties. Each user must keep their credentials secure and personal to ensure the integrity and security of the project.
7. ACCEPTANCE OF TERMS AND CONDITIONS: BY SIGNING THE PLATFORM.
Presentation and Acceptance of Terms on First Access: Upon first accessing the software, you will be presented with the Terms of Use, which must be read and explicitly accepted to proceed using the platform. This acceptance constitutes agreement with all the conditions set out in the document. In addition, before purchasing a subscription to the platform, you can access the full Terms of Use at any time via our website, where they are available for consultation.
8. DECLARATION OF OWNERSHIP OF THE SOFTWARE AND ALL RELATED RIGHTS.
The software, including all its components, functionalities, design, interfaces, source code, as well as any associated material, is protected by intellectual property laws and is the exclusive property of the company. All rights relating to the software, including copyrights, patents, trademarks, trade secrets and any other intellectual property rights, belong solely to the company and its licensors. You do not acquire any ownership rights in the Software or any of its components, other than the limited rights of use granted under the terms of this Agreement. Any unauthorized use, copying, modification, or distribution of the software or any part thereof constitutes a violation of intellectual property rights and may result in legal sanctions.
9. PROTECTION OF TRADEMARKS, PATENTS AND COPYRIGHT.
All trademarks, logos, trade names, patents, and copyrights associated with the software are the exclusive property of the company or its licensors and are protected by national and international laws. The use of any trademark, logo or trade name without the prior express permission of the company is strictly prohibited. Likewise, any attempt to reproduce, distribute, modify, or create derivative works based on patents or copyrighted materials, without authorization, will be considered a violation of these rights and may result in legal action. The company reserves the right to take all necessary actions to protect its intellectual property rights against any misuse.
10. RULES OF CONDUCT (ACCEPTABLE USE OF THE PLATFORM):
The company has a detailed Acceptable Use Policy, which clearly sets out what is permitted and what is prohibited when using the platform, as well as the penalties applicable in the event of a breach. We strongly recommend that you read and understand this policy to ensure compliance with the established rules. In general, any content, import of illicit leads, or any act that violates current laws will be subject to suspension or blocking of access to the platform by the company, unilaterally and without the need for prior notification.
10.1. The service may not be used for the purpose of storing, distributing, transmitting, disseminating or making available to third parties, any type of content which, by itself, or whose transmission: Contravenes, belittles or violates the fundamental rights and public and individual freedoms recognized in the Brazilian legal system or in international treaties; Induces, incites or promotes criminal, defamatory, infamous, violent or, acts contrary to the law, morals and good customs or public order; Induces, incites or promotes actions, attitudes or ideas that are discriminatory on the grounds of sex, race, religion, beliefs, age or social status; incorporates, makes available or allows access to products, elements, messages that are criminal, violent, pornographic, degrading or, in general, contrary to the law, morality and good customs or public order; is protected by any intellectual or industrial property rights belonging to third parties, without the User having previously obtained the necessary authorization from their owners to carry out the use they make or intend to make; in which case the User will be liable for any damages, and Sellflux is hereby released from any liability or co-responsibility; is contrary to the rights, honor, personal and family privacy or image of persons; constitutes illicit, misleading or unfair advertising and, in general, constitutes unfair competition; contributes to, facilitates or encourages, in any way, the practice of any form of infringement of intellectual property rights of any content made available on the Internet; partisan political content in an election campaign period.
10.2 In any of the above cases, Sellflux may, at its sole discretion, cancel the User's registration and delete the respective content, at any time and without prior notice or compensation.
10.3 Any decision on whether, or not, to apply these General Conditions will be taken at the sole discretion of Sellflux, which may also notify the police and judicial authorities of the existence of User content containing any class of material which, in Sellflux's judgment, is considered illegal, and provide copies of this content and other User documents, regardless of prior consent.
11. PRIVACY POLICY: The company is committed to protecting all data imported into the platform, following strict security procedures to guarantee the integrity and confidentiality of the information. Our Privacy Policy details all the processes and measures adopted to protect data, including how it is collected, stored and used. We recommend that you carefully read the Privacy Policy available on our website before subscribing to our platform, so that you are aware of how your data will be handled and protected.
12. DATA PROTECTION:
12.1 Sellflux and users of the platform acknowledge and assume responsibility for complying with all Brazilian laws and regulations applicable to information security, privacy and protection of Personal Data. Where relevant, they must also comply with current international standards. Relevant standards include, but are not limited to: the Federal Constitution, the Consumer Protection Code, the Civil Code, the Internet Civil Rights Framework (Law n. 12.965/2014) and its regulatory decree (Decree n. 8.771/2016), and the General Data Protection Law (LGPD - Law n. 13.709/2018). Compliance with these provisions must be observed within the limits established in this contract.
12.2 Each Party undertakes to implement comprehensive protection measures - including technical, physical, administrative and organizational controls - that guarantee data security and privacy, in accordance with the standards required by current legislation. These measures must be sufficient to mitigate risks and protect data against unauthorized access, loss, alteration or leakage.
12.3 The Parties shall ensure that all persons involved in the Processing of Personal Data on their behalf, including employees, service providers and third parties, act in full compliance with the provisions set out in this agreement. This obligation extends not only during the term of this instrument, but also after its termination, when the nature of the data processed so requires.
13. PROCESSING OF PERSONAL DATA ON THE PLATFORM:
13.1 The USER represents and warrants that all activities involving collection, input, processing, and handling of personal data conducted on the platform comply fully with the General Data Protection Law (LGPD – Law no. 13.709/2018) and other relevant legislation. The USER undertakes to ensure that all data processed complies with legal data protection requirements.
13.2 The USER is solely responsible for ensuring that the collection, storage, use and any other type of processing of personal data entered on the platform is carried out for a specific and previously determined purpose, and that the processing is linked to a legal hypothesis provided for in the LGPD, such as the consent of the holder, compliance with a legal or regulatory obligation, or other applicable legal basis. The USER must use all necessary resources and efforts to guarantee the security and integrity of the personal data processed.
13.3 The USER affirms that all personal data entered into the platform has been obtained lawfully and with the due consent of the data subjects, whenever this legal basis is required, and is responsible for the validity of this consent. The USER is responsible for informing data subjects about the processing of their data and for ensuring that the rights provided for in the LGPD are respected.
13.4 The USER undertakes not to use the platform to carry out illegal or abusive activities, including, but not limited to: Sending spam messages without the recipients' authorization; Phishing practices or other attempts to defraud and capture sensitive information; Distribution of malware, viruses or any malicious code; Use of the platform for the purposes of discrimination, harassment or violation of third party rights. Failure to comply with these conditions may result in the suspension or termination of access to the platform, in addition to the adoption of appropriate legal measures to safeguard the integrity of the data and compliance with current legislation.
14. USER RESPONSIBILITY AS CONTROLLER: As a Sellflux user and platform controller, you assume central responsibility for managing the processing of personal data, as required by the General Data Protection Act (LGPD). This means that you must determine the purposes and means of data processing, ensuring that all your actions comply with current legislation.
14.1 It is essential that you have a solid knowledge of the LGPD, understanding the rights of data subjects and your legal obligations. You must adopt practices that ensure the transparency, security and protection of personal data, from collection to deletion, including defining clear privacy policies, obtaining valid consents and processing data based on the legal hypotheses provided for in the LGPD.
14.2. When you hire operators, i.e. third parties who will process personal data on your behalf, you are responsible for ensuring that these operators comply with the LGPD and follow your instructions. It is important to formalize this relationship through contracts that include data protection clauses and provide for mechanisms to monitor the performance of operators.
14.3 You must adopt appropriate technical and organizational measures to protect personal data against unauthorized access, leakage, loss or any form of improper processing. This includes implementing robust information security practices, conducting data protection impact assessments (DPIA) when necessary, and being prepared to respond to security incidents in an agile and efficient manner.
14.4 Failure to comply with the LGPD can result in severe penalties, including fines, blocking or deletion of irregularly processed data, and damage to your reputation. It is therefore essential that you are aware of your responsibilities and committed to ongoing compliance with the LGPD, ensuring that data processing is carried out ethically, lawfully and securely.
14.5 It should be noted that Sellflux merely acts as an operator in relation to the data entered by its users, and is therefore exempt from liability in the event of security incidents resulting from the actions or omissions of the controller.
15. USER OBLIGATIONS: The User undertakes to use the Service in accordance with these General Conditions and other Sellflux rules and regulations applicable to the service, as well as in accordance with Brazilian Law, morality and good customs and public order, using the service properly and refraining from unlawful acts, prohibited by law and by these General Conditions, harmful to the rights and interests of third parties, or which, in any way, may damage, render useless, overload or deteriorate the service, the servers or computer equipment of other Users or other Internet users ("hardware" and "software") through the practice of "hacking".
15.1 The User is responsible for maintaining local copies of their files, as Sellflux does not provide backup services for materials uploaded to the platform, and Sellflux is therefore not responsible for any damage that the User may suffer as a result of the loss, for whatever reason, of the material inserted or stored on the platform.
15.2. The user undertakes to use the platform in a healthy and well-intentioned manner, and Sellflux therefore reserves the right to suspend any accounts that abuse the platform through any available means (publication scheduling, automations, etc.) for any purpose.
15.3 Users hereby declare that they are solely and exclusively responsible for the content they enter, and that Sellflux has no responsibility or control over it. As a result of this declaration, the User hereby undertakes, in the event of being called to account in court for the commission of an illicit or illegal act as a result of said content, to exempt Sellflux from any liability, as well as to request the exclusion of the same from the process, if applicable.
15.4 In the event of force majeure events that make it impossible for the software to communicate changes or failures in the service in advance, the user agrees that the software may suspend the provision of the service and terminate this contract, undertaking to inform the user of the event and its cause as soon as possible. The software will not refund payments made by the user in the event of temporary or permanent interruption of the service, and the user hereby expressly agrees to this policy, without any reservations.
15.5 Users must keep their registration updated with Sellflux, providing all the information requested, including at least one active e-mail address to receive communications and notices. Sellflux shall not be held responsible for failures in the delivery of notifications resulting from inappropriate settings of the user's e-mail address or failure to update registration data.
16. USE AND CUSTODY: When activating the service, the user will receive a temporary password by email, which must be changed immediately when accessing the Sellflux dashboard. The User must create a new password, change it periodically, and maintain it confidentially. It is the user's responsibility to use passwords diligently and securely, following all warnings, regulations and instructions provided by the software. In the event of loss, misplacement or suspected access by third parties, the user must notify Sellflux immediately. Sellflux cannot be held responsible for passwords that are lost, misplaced or modified by the user, or for passwords whose combination is considered "weak" and susceptible to being forced or guessed.
17. TECHNICAL SUPPORT SERVICE: Sellflux offers users technical support, which can be called upon at any time. The initial contact will be through Flux, our intelligent virtual assistant, available 24 hours a day to assist you.! Flux will guide you through the first stages of service and, if you need to speak to one of our human agents, she will make the referral during business hours, Monday to Friday, from 8am to 5pm. We're here to make sure you get the support you need, every time!
17.1. Technical support is available to help resolve doubts, technical problems and issues related to the operation of the platform. However, it is important to point out the limits of the support offered. If the problem is related to an API or any type of third-party supplier, the user should contact the specific support of the respective platform directly. Our platform's technical support is not responsible for issues involving third-party services that are beyond our control.
17.2. The user is responsible for providing accurate and detailed information when requesting support, facilitating the identification and resolution of the problem. The platform undertakes to use its best efforts to respond to support requests in the shortest possible time, but does not guarantee the immediate resolution of all issues raised. In addition, the platform is not responsible for interruptions in the technical support service caused by external factors, such as failures in the user's internet connection or third-party problems not linked to the software.
18. ONBOARDING SERVICE: For the initial three months of platform subscription, we offer an onboarding service designed to assist Users in becoming familiar with all platform features. During this period, our team will be available to provide detailed guidance on how to use the platform, ensuring that the user develops the necessary autonomy to use all the tools and resources on offer effectively.
18.1 In addition to direct support during onboarding, we offer a wide range of educational materials for new customers, including a learning trail available on our blog and eLearning platform. These resources are designed to help the user explore and master the platform at their own pace. We also run live training sessions, accessible to all users, with no access or time limit. As long as your subscription is updated, you will have continuous access to these means of updating and teaching, ensuring that you are always informed about the best practices and new features of the platform. The onboarding service, together with these support materials, aims to enable users to use the platform independently and efficiently, promoting a satisfactory and productive user experience from the very beginning of their journey with the platform.
19. TECHNICAL HOURS: The Platform offers the User the possibility of contracting technical hours, which consist of services provided by company specialists, with the aim of providing personalized support in the process of configuring and integrating the Platform. During the use of the technical hour, the specialist will accompany the User more closely, advising on the proper use of the functionalities, assisting in the implementation of operational flows and clarifying doubts related to the structuring of processes on the Platform.
19.1 The User acknowledges that the Technical Hours service is limited to technical and advisory support related to Platform integration and configuration and does not include strategic or operational services, such as the Sales Accelerator, which involves a specific approach to optimizing commercial results, and complete training for teams, which has its own scope. If the User is interested in these additional services, they must contract them separately, in accordance with the conditions and prices established by the company.
19.2 The contracting and use of technical hours is subject to the availability of the team and the commercial conditions informed at the time of the request. The company reserves the right to establish rules for the scheduling, minimum duration and validity of the hours purchased, in accordance with the policy in force at the time of contracting.
19.3 Users acknowledge that Sellflux will not configure their accounts or access any environment or credentials without explicit authorization and direct supervision from the User. Any and all changes made to the User's account must be made by the User or by persons authorized by the User's company, and Sellflux is only responsible for providing the technical guidance necessary for the correct use of the services.
20. LIABILITY AND GUARANTEE: Sellflux undertakes to provide high-quality service and ensure the integrity of services provided to Users. However, it is important to clarify that the operation of the software depends, in part, on the provision of third-party services, such as servers, APIs, and other technical resources. As such, the software cannot be held responsible for any failures, interruptions or instabilities resulting from problems with these third-party services. Although we always value the continuity and stability of the service, and make constant efforts to minimize any instability, unforeseen technical problems can occur. In such situations, the platform will seek quick and effective solutions to restore full operation of the service. However, the User acknowledges and accepts that the platform has no control over third-party failures and therefore is not liable for damages, data loss, or service interruptions caused by such external factors.
20.1 The user hereby declares that he/she is aware that in cases of force majeure, emergency maintenance or unexpected service outages, it will not be possible to notify him/her in advance. Sellflux does not offer any kind of guarantee or refund arising from instability resulting from the events described in this section.
21. DISCLAIMER OF PLATFORM LIABILITY: Sellflux expressly disclaims any liability arising from the use of automations on User profiles. By choosing to use automations in their accounts on any platform, the user understands that they are assuming the potential risk of having their accounts suspended or deleted, totally, permanently and irrecoverably, due to changes in the policies of these platforms, which may occur at any time. It is solely the User's responsibility to remain informed and updated regarding the policies and terms of use of all platforms utilized or integrated with Sellflux, ensuring that their actions comply with these rules.
21.1 The software disclaims any and all liability for damages of any kind resulting from the improper use of the platform by the user. This includes, but is not limited to, deletion, alteration, modification or manipulation of data, files and information by the user themselves or by third parties not authorized to use the service. The software is also not responsible for improper access, interception or any other form of compromise of communications and data stored or transmitted by the user, especially when arising from failures to protect their access credentials or improper sharing of sensitive information. It is the user's sole responsibility to ensure the correct and secure use of the platform, as well as to protect their data and information from unauthorized access.
22. CHARGEBACK AND REFUND POLICY: For purchases made by credit card, in specific cases where a chargeback or refund is appropriate, Sellflux is responsible for requesting a chargeback from the card company used. However, the processing of the chargeback is the sole responsibility of the card company, and the deadline for completion will depend on that company's internal policy.
22.1 For purchases paid via “boleto” or “PIX”, refunds will be made directly to the bank account owned by the User who made the purchase, based on details provided.
22.2 Regardless of the payment method used, any refund will be credited exclusively to the bank account of the user who made the purchase, guaranteeing security and compliance with the personal data provided. We will not make transfers to third party accounts, ensuring that the refund is processed securely and accurately.
23. GENERAL PROVISIONS:
23.1 LEAD MANAGEMENT: A Lead refers to a potential customer or contact who has expressed interest in the products or services offered by your company, usually through forms, landing pages or other digital interactions. Leads are essential to the process of converting them into sales, and are a valuable resource in your business's marketing and growth strategy. Each subscription plan on our platform includes a specific limit on the number of leads that can be managed. If the number of leads exceeds the limit of the contracted plan, an additional fee will be charged for each excess lead. It is important that the user keeps track of the number of leads managed to avoid unexpected charges.
23.1.1 If a lead is deleted from the platform, the user has the option of restoring it within a period of 30 days. However, it is important to note that if a lead is deleted in order to avoid charging an additional lead, that lead will still be counted during the 30 day period, resulting in the corresponding additional fee being charged.
23.1.2 Furthermore, if access to the platform is blocked for any reason and remains unusable for a period of 60 days, all leads stored in the database will be permanently deleted, with no possibility of recovery.
23.2 SUBSCRIPTION PLANS: Our platform offers a variety of subscription plans, each carefully designed to meet the different needs and sizes of businesses. These plans can be viewed directly on our official website, where you will find details of the features and benefits of each one. In addition, you can also obtain information about the plans by contacting our sales team or through our affiliates.
23.2.1 If the available plans don't completely meet your specific needs, don't worry. We are committed to offering the best solution for your business. If you need a customized plan that is not listed on the site, please contact our sales team. We'll be happy to work with you to create the ideal plan that perfectly aligns with your demands and objectives.
23.3 INTEGRATIONS AND ADDITIONAL COSTS: Sellflux offers various integrations that extend its functionalities, including services such as sending SMS, connecting to devices, using official APIs such as WhatsApp, calls, among others. It is important to note that some of these integrations may be subject to additional charges, which will be applied according to the use of each specific service.
23.3.1 When utilizing these integrations, the User acknowledges that payments related to each service must be made directly on the relevant platform providing the respective integration.
23.3.2 The user is responsible for ensuring that all payments required to use the integrations are made in accordance with the policies of the platforms involved. This topic reinforces the importance of being aware of the costs associated with each additional service, ensuring proper financial management and the continuity of operations on the platform.
23.3.3 Sellflux is not responsible for the information passed on in the integrations carried out by the User, acting solely as a data operator in order to guarantee the functionality of the integrations and the software. The User is fully responsible for the processing of data, and must validate and ensure that any integration carried out complies with current legislation, including the LGPD (Law No. 13,709/2018), fully assuming the risks and obligations arising from the use of the Platform.
23.4 POSSIBILITY OF CHANGE, INCLUSION OR EXCLUSION OF PRODUCT, TOOL, FOR THE IMPROVEMENT OF THE PLATFORM: The user understands and agrees that the service offered by the platform may undergo changes, improvements or adjustments at any time, without the need for prior notice. These changes may include alterations to payment rates and conditions, security updates, the addition or removal of functionalities, among others.
23.5 LOSS OF KEY AND LICENSE: Sellflux shall not be obligated to reissue a new license key under any circumstances. Even in the event of formatting or loss of the machine on which the purchased key was active. This is because Sellflux cannot control which keys have actually been lost or not, so if the key is lost or formatted, the user must purchase a new license.