This is a courtesy translation. The Portuguese version, available atpowerbizz.ai/termos, is the official version and prevails in case of any discrepancy.
1. Purpose and acceptance
These Terms are entered into with Powerbizz Soluções Inteligentes Ltda., registered with the Brazilian taxpayer registry (CNPJ/MF) under no. 58.889.492/0001-06, with its registered office at Alameda Pico da Neblina, 71, Tamboré, Santana de Parnaíba, State of São Paulo, Brazil, postal code 06544-440, referred to herein as Powerbizz.ai.
These Terms govern access to and use of the platforms, systems, panels, applications, APIs, digital agents and services made available by Powerbizz.ai, referred to collectively as thePlatform. By creating an account, accessing or using the Platform, you declare that you have read, understood and agree to these Terms.
If you accept these Terms on behalf of a legal entity, you declare that you have authority to bind it. Where a signed agreement, commercial proposal or service order exists, that instrument prevails over these Terms wherever it provides otherwise.
2. Definitions
- Customer: the legal entity that contracts the Platform.
- User: the individual authorised by the Customer to access the Platform.
- End consumer: the person who communicates with the Customer through the channels connected to the Platform.
- Third-party channel: a messaging, e-mail or social media service operated by a third party and connected to the Platform by the Customer, such as WhatsApp Business.
- Customer Content: the data, messages, files and settings that the Customer and its Users enter into or transmit through the Platform.
3. Registration, account and credentials
Access requires registration with true and up-to-date information. The Customer is responsible for creating, reviewing and revoking its Users' access, and for keeping credentials confidential. Activity carried out with a User's credentials is presumed to have been performed by that User.
Any suspicion that a credential has been compromised must be reported to Powerbizz.ai immediately so that access can be revoked.
4. Licence of use
For as long as the contract is in force and subject to these Terms, Powerbizz.ai grants the Customer a non-exclusive, non-transferable and revocable licence to use the Platform in its own operations. The licence does not transfer ownership of the software and does not authorise sublicensing, resale or provision to third parties without a written agreement.
5. Acceptable use
The Customer and its Users may not use the Platform to:
- send unsolicited or bulk messages, or messages outside the rules of the channel used;
- commit fraud, misrepresent the identity of the sender or improperly capture data;
- process personal data without an appropriate legal basis;
- infringe third-party rights, including intellectual property and confidentiality;
- attempt to access other customers' environments, data or accounts;
- reverse engineer, copy or attempt to extract the Platform's code;
- subject the Platform to load testing, intrusion testing or unauthorised automation;
- any unlawful purpose or purpose contrary to the regulation applicable to its sector.
6. Third-party channels and WhatsApp Business
The Platform allows the Customer to connect channels operated by third parties. In this model, the Customer remains the holder, owner and administrator of the connected account — including the WhatsApp Business number — and Powerbizz.ai acts as a technology provider operating that connection on the Customer's behalf, within what the Customer has authorised.
The connection is made by the Customer itself, through the channel provider's authorisation flow, without sharing any password with Powerbizz.ai. By connecting a channel, the Customer declares that it has the right to use the account and number, and assumes responsibility for complying with the provider's policies, including the WhatsApp messaging and commerce policies and Meta's terms.
Powerbizz.ai is not responsible for unavailability, rule changes, volume limits, blocking, suspension or termination applied by the channel provider to the Customer's account. The Customer may disconnect the channel at any time from the Platform's panel.
7. AI agents
The Platform offers digital agents that may suggest, draft or send replies on the Customer's behalf. Activation, configuration, scope of operation and supervision of these agents are the Customer's responsibility; the Customer defines what the agent may do and within what limits.
AI systems can produce incorrect results. The Customer must maintain human review proportionate to the risk of the operation, especially for decisions with legal or financial effect or effects on people's health. Powerbizz.ai does not use Customer Content to train its own models or those of third parties.
8. Personal data and data protection
In processing personal data that passes through the Platform on the Customer's behalf, the Customer acts as controller and Powerbizz.ai as processor, following the Customer's instructions and applicable law, in particular Brazilian Law No. 13,709/2018 (the LGPD). In Powerbizz.ai's own activities — such as commercial relationships, marketing and events — Powerbizz.ai is the controller, as described in the Privacy Policy.
Requests for deletion of personal data are handled as described on theData Deletion page. Security measures, sub-processors and incident response are described in the Trust Center.
9. Confidentiality
Each party will keep confidential the other party's confidential information to which it has access, using it only to perform the contractual relationship, and will protect it with the same care it applies to its own, never less than reasonable care. This obligation survives termination of the contract.
10. Intellectual property
The Platform, its code, its architecture, the trademarks, materials and documentation belong to Powerbizz.ai. Customer Content remains the property of the Customer, who grants Powerbizz.ai the licence strictly necessary to host, process and transmit that content for the purpose of providing the service.
11. Plans, prices and payment
Amounts, billing model, frequency and price-adjustment conditions are those set out in the commercial proposal or contract. Late payment may lead to suspension of access, following prior notice, without prejudice to the charges set out in the contract.
12. Availability and support
Powerbizz.ai uses its best efforts to keep the Platform available and secure, and may carry out scheduled maintenance, with notice where impact is expected. Formal commitments on availability, response time and escalation, where they exist, are those set out in the contract.
13. Suspension and termination
Powerbizz.ai may suspend access, in whole or in part, in the face of a security risk, a legal determination or a material breach of these Terms, restoring it as soon as the cause has ceased. Termination of the contract follows what the contract provides.
14. Exit: return and disposal
On termination, the Customer may request the return of Customer Content in the agreed format, within the period set out in the contract. After that period, the data is deleted or anonymised, except in the legal retention cases described on theData Deletion page.
15. Warranties and limitation of liability
The Platform is provided as described in the documentation and the proposal. To the maximum extent permitted by law, Powerbizz.ai is not liable for lost profits, loss of opportunity or indirect damages, and its aggregate liability is subject to the limit set out in the contract. Nothing in this clause excludes liability that the law does not permit to be limited.
16. Changes to these Terms
These Terms may be updated to reflect changes in the Platform, in operations or in legislation. The version in force is always published on this page, with the date of update. Material changes will be communicated through the Customer's contact channels.
17. Governing law and jurisdiction
These Terms are governed by the laws of the Federative Republic of Brazil. The courts of the district of Powerbizz.ai's registered office are elected to settle disputes, waiving any other, however privileged, save where the law provides for different jurisdiction.
18. Contact
Powerbizz Soluções Inteligentes Ltda. — CNPJ 58.889.492/0001-06
Alameda Pico da Neblina, 71 — Tamboré — Santana de Parnaíba, SP — Brazil — 06544-440
Questions about these Terms: contato@powerbizz.ai. Privacy and data protection matters:dpo@powerbizz.ai.
