Terms of Use

On one side, MARKETING CERTO, a private legal entity, hereinafter referred to as CONTRACTED PARTY, and on the other, CLIENT, a private legal entity (or independent self-employed professional), hereinafter referred to as CONTRACTING PARTY, and herein represented in the form of its constitutive acts.

Confidentiality Agreement

The parties bind themselves to maintain absolute secrecy regarding any and all information that may be provided starting from this date, which must be treated as confidential.

MARKETING CERTO is responsible for safeguarding all information of the CLIENT company of which it becomes aware due to the provision of the contracted services, obligating itself not to disclose, communicate, or make use of any of this information.

Any written or verbal information disclosed to the other PARTY shall be considered confidential information, whether or not it contains the term "CONFIDENTIAL".

The PARTES likewise commit not to reveal, reproduce, use, or make known under any circumstances to third parties, as well as not to permit any of their directors, employees, and/or agents to make use of this CONFIDENTIAL INFORMATION resulting from this proposal.

The PARTES must ensure that the CONFIDENTIAL INFORMATION remains restricted to the knowledge of directors, employees, and/or agents who are directly involved in discussions, analysis, meetings, and business, and must make them aware of the existence of this Term and the confidential nature of this information.

1. General Conditions of Use

These general conditions (hereinafter referred to as "General Conditions") regulate the use of the WhatsApp profile automation platform offered by MARKETING CERTO, registered under the electronic address https://www.marketingcerto.com.

An updated copy of these General Conditions will be available at the address https://www.marketingcerto.com/termos.html.

The express acceptance without reservation regarding the terms of use attributes the status of user of the service (hereinafter, referred to as "User") and declares full and unreserved acceptance by the user of each of the General Conditions in the version published by MARKETING CERTO at the exact moment of using the Service. All other notices, regulations, and instructions integrate and complement these General Conditions.

2. Scope of Service (Object)

This contract regulates the use of the services of the MARKETING CERTO profile automation platform, composing the Marketing Certo Customized Software Lease Service. This solution is installed locally on your computer, ensuring greater privacy and speed. With innovative features, it integrates directly with your WhatsApp via QR Code, through an integrated API, offering a 99% online-updateable service and the security of a reliable connection.

a) Enablement/Training Services:

After accepting the proposal and confirming payment, our team will proceed with the installation and technical adjustments of the mentioned contract following registration confirmation.

Training will occur within the established term and after 24 hours depending on technical scheduling availability. It will be necessary to schedule a remote integration meeting and start implementation. Number of Implementation Hours: 2 Remote Technical Hours.

The meeting will take place via Google Meet, and a link will be automatically generated and sent by email. The application must have been installed previously and the license must be active, or it can be requested during the session. Remote access via AnyDesk (to be installed on your desktop) will be requested for better interaction and learning, and the class may be recorded.

b) Plan Recurrence Services:

Plan activation licenses will be activated by the provider: MARKETING CERTO SOFTWARE, requested formally and electronically/automatically by the CLIENT through the HOTMART platform or another payment processor, providing client data. For payment methods outside the platform, requests must be sent to: [email protected] or through the website www.marketingcerto.com, providing information such as: request code, client name, contracted plan, and phone number so the license can be issued accordingly.

c) Customizations and Additional Implementations (for Marketing Certo Software):

This refers to the development of specific features not available in the commercial version of the software.

Customizations and additional implementations can be requested from MARKETING CERTO SOFTWARES and will be analyzed to prepare a specific proposal case by case, with the price calculated based on the required allocated resources. These services will only be executed upon prior authorization from the client.

d) Support, Maintenance, and Monthly Software Use:

MARKETING CERTO SOFTWARES offers permanent maintenance on the source code and software routines, correcting any detected failures, as well as incorporating updates and legislative changes.

The support consists of assistance, clarification of doubts, and remote service, made available by MARKETING CERTO SOFTWARES from Monday to Friday, from 09:00 to 12:00 and from 14:00 to 18:00 (Brasília time), on business days. Outside this period, the COMPANY offers special emergency support from 09:00 to 16:00, including Sundays and holidays, via email only.

e) Price and Plan Adjustments:

The contracted party MARKETING CERTO SOFTWARE reserves the right to update each plan contract annually according to the IGP-M index, adjusted automatically on the contract anniversary date.

f) Acceptance:

Acceptance of the proposal must be done by sending an approval, which can occur by email, confirmation of acceptance, or any other messaging platform or electronic digital certificate to MARKETING CERTO SOFTWARES.

Upon acceptance of the proposal and terms of use, the software implementation process will begin, following the installation schedule and technical adjustments, with training scheduled after 24 hours based on technical availability. An integration meeting will be required, with a total of 2 remote implementation technical hours.

g) Access Data and Installation Keys:

Data regarding contents will be stored on MARKETING CERTO's website on proprietary or leased servers.

The User is solely and exclusively responsible for maintaining the confidentiality of their Access Passwords and commits to using them diligently, as well as notifying platform administrators immediately in case of loss, theft, or any unauthorized use.

h) Technical Information – Automation System:

• The solution uses the JSON communication language to interact with WhatsApp, facilitating the integration with the API Gateway. Developed for applications like "WebView2 Runtime" and "Microsoft Edge WebView2", Marketing Certo ensures the security and speed needed for your business. Additionally, the software includes the "Access Database Engine" application to import and export data from Excel sheets.
• Communication with the WHATSAPP WEB server is done directly in JSON, using the updated API. With a local intranet server running on the user's machine, Marketing Certo manages the secure sending and receiving of messages, storing logs inside the Windows user account in the AppData folders.
• With total safety and privacy, you can manage your campaigns peacefully without synchronization with external servers. All sending and receiving information is protected with local administrator access by the user account, in compliance with LGPD/privacy standards.
• Our server does not store any client data, such as messages, contacts, campaign history, etc. The solution is a local software that runs on the user's intranet machine. Sent campaign histories are stored locally on each computer. Send profiles are separated by Windows user accounts. When connected to the client's WhatsApp WEB, it uses WhatsApp's end-to-end security encryption.

i) Installation Prerequisites – Infrastructure and Hardware:

1. The software will be installed on the client's local structure, running on the **Windows Operating System (versions 8, 10, and 11)** or **Windows Terminal Server**. The minimum recommended requirements are a work computer with at least 4 GB of RAM, an i3 processor, 20 GB of free local storage space for temporary files, and internet access. The contracting party must provide the hardware equipment necessary for proper software operation.
2. To run up to 10 active profiles simultaneously on the same machine, the recommended specification is a computer with 16 GB of RAM, an i5 or i7 processor, and 40 GB of free space on an SSD storage drive to obtain optimal performance and results.

3. The Service

After agreeing to these General Conditions and Terms of Use, the User will have access to the MARKETING CERTO management platform.

Data regarding the managed contents will be stored on MARKETING CERTO's website or contracted third-party providers.

4. Registration

Access to platform features requires prior registration, approval, and, depending on the chosen services or products, payment. If the provided information is insufficient to confirm registration, the purchase will be canceled and refunded due to lack of details or registration rejection.

When registering, the user must provide complete, recent, and valid data, being solely responsible for keeping this data updated and guaranteeing its accuracy.

The user commits not to share their registration and access credentials with third parties, accepting full responsibility for their use.

Only registrations with a valid CNPJ (corporate tax ID) or CPF (individual tax ID) for verified independent professionals will be accepted. The software must be used for commercial promotions (sales), daily newsletters (pre-approved commercial newsletters), billing (accounts payable/receivable), post-sales (marketing), or internal communication (employees). Niches such as municipal governments, pre-election campaigns of any kind, politicians, governmental entities, federal bodies, and non-profit NGOs are not allowed.

Minors under 18 years old or those lacking full civil capacity must obtain prior express consent from their legal guardians to use the platform and services, with guardians bearing exclusive responsibility for unauthorized access.

By registering, the user declares and warrants that they are fully capable of contracting and utilizing the services and products.

The user must provide a valid email address through which the site will conduct all necessary communications.

Upon registration confirmation, the user will have a login and personal password, ensuring individual access. The user is solely responsible for keeping this password confidential and secure, preventing unauthorized access.

Any activity carried out using the password will be the user's responsibility, and they must inform the platform immediately in case of unauthorized use.

It is not permitted to assign, sell, rent, or transfer the user account, which is personal and non-transferable.

5. Access and Usage Conditions

The User recognizes that filling out the registration form accurately and obeying platform rules is essential. The user commits to registering with true data, exempting MARKETING CERTO from any liability regarding losses generated by false or inaccurate information.

The User commits to using the Service in compliance with these General Conditions, MARKETING CERTO regulations, Brazilian laws, morals, good customs, and public order, abstaining from illegal acts or actions that could damage, disable, or overload the servers or equipment of other users ("hacking").

It is the user's responsibility to maintain local backups of their files. The service provided by MARKETING CERTO does not include backup services for materials on the user's site, and MARKETING CERTO is not liable for data loss under any circumstances.

The service cannot be used to store, distribute, transmit, or share content that:

• Violates fundamental rights and individual freedoms recognized in the Brazilian legal system or international treaties;
• Induces or promotes criminal, defamatory, violent, or unlawful acts contrary to law, morals, or public order;
• Induces or promotes discriminatory attitudes based on sex, race, religion, beliefs, age, or social condition;
• Includes or permits access to criminal, violent, pornographic, degrading, or illegal elements;
• Is protected by third-party intellectual or industrial property rights without prior authorization;
• Violates the right to honor, personal and family privacy, or a person's image;
• Constitutes illegal, misleading, or unfair advertising and unfair competition;
• Facilitates or encourages copyright infringement on the internet;
• Electoral materials or political campaigns of any kind: In compliance with current electoral legislation (specifically Art. 28, Inc. IV, 'a' and 'b' of TSE Resolution 23.610/2019), mass sending or boosting of political/electoral content is strictly prohibited. Marketing Certo apps MUST NOT be used for political campaigns (neighborhood committees, boards, etc.), public municipal announcements, federal bodies, or non-profit NGOs. It is allowed only for companies (CNPJ) and professionals (CPF) for commercial, customer service, or internal communication.
• Tobacco and related accessories: Promotion or sale of tobacco, electronic cigarettes, hookahs, bongs, or rolling papers is prohibited.
• Alcoholic beverages: Promotion or sale of alcoholic beverages or kits to produce alcohol is prohibited.
• High-risk supplements: Sale or promotion of anabolic steroids, chitosan, comfrey, DHEA, ephedra, or human growth hormones is prohibited.
• Endangered animals and parts: Promotion of ivory, taxidermy, organs, or parts of cats, dogs, or endangered species is prohibited.
• Adult products and services: Promotion of sexual toys, sexually suggestive entertainment, adult shows, or sexual enhancement products is prohibited.
• Human body parts or fluids: Promotion of blood, organs, teeth, urine, or human hair is prohibited.
• Regulated medical devices: Direct sale of contact lenses, medical testing kits, or nicotine replacement therapy products is prohibited.
• Piracy and signal decoders: Promotion of unauthorized streaming services, unlocked TV boxes, hacking tools, or signal descramblers is prohibited.
• Suspect financial schemes: Promotion of multi-level marketing, penny auctions, binary options, ICOs, payday loans, P2P loans, or debt collection is prohibited.
• Counterfeit currency: Promotion of counterfeit bank notes, virtual coins, or fake credit cards is prohibited.

§ 1º In any of the cases above, MARKETING CERTO may, at its sole discretion, cancel the User registration and delete the corresponding content at any time, without prior notice or compensation, subject to civil prosecution.

§ 2º Any decision regarding the application of these General Conditions will be made at the sole discretion of MARKETING CERTO, which may notify judicial authorities of illegal content, providing user data without consent.

The User declares that they are solely and exclusively responsible for the content they insert. In the event of judicial claims against MARKETING CERTO due to user actions, the user commits to holding the contracted party harmless and requesting their exclusion from the lawsuit.

In cases of force majeure preventing MARKETING CERTO from communicating updates or service failures, the USER allows the suspension of the service. MARKETING CERTO will not refund payments made by the USER in case of temporary or permanent service interruptions.

6. Use and Custody

All information provided by the User must be accurate and true. The User will be liable under civil and criminal law for the accuracy of their registration data.

Upon service activation, the user will receive a software usage key and access to an admin panel to download the updated software through the purchase channel.

The User commits to using Access Passwords diligently and keeping them secret, notifying MARKETING CERTO immediately in case of password loss or risk of third-party access.

Each User may maintain only one active account. Duplicate accounts will be automatically deactivated without refunds.

7. Liability

MARKETING CERTO is liable for code bugs or defects proven to be caused by its software, provided there is actual damage.

Defects or problems arising from the Windows operating system, insufficient hardware, local computer viruses, or local firewall blockages are not the responsibility of MARKETING CERTO.

By using automations on WhatsApp, the user understands they are utilizing an automation tool and that their profiles are subject to the usage rules and spam policies of WhatsApp itself. The user recognizes that WhatsApp policies can change at any time, potentially resulting in temporary or permanent profile bans by Meta Inc., exempting MARKETING CERTO from any liability for account losses or chat history losses.

8. User Rights

Upon contracting, the User has the right to run local files, send data, and use the software within the limitations of the contracted plan.

The user declares they are aware that upon cancelling the subscription, the service will remain active until the end of the current billing cycle and will be terminated immediately after, without refunds for unused days.

The User commits not to use crawlers, robots, or automated tools to scrape code or force server requests against MARKETING CERTO.

9. Changes to the Service

The user agrees that the service can change from time to time without prior notice. Changes include security updates, bug patches, new features, or descontinuation of obsolete functions.

As the automation depends directly on the technical structure of WhatsApp Web, structural changes promoted by WhatsApp may limit or suspend software features temporarily or permanently, and MARKETING CERTO is not liable for such external system instabilities.

10. Billing, Payment, and Cancellation Policies

MARKETING CERTO reserves the right to adjust plan prices at any time, with new prices applying to new contracts or renewals.

The user agrees to keep payments up to date, understanding that default will result in immediate software license suspension.

For cancellation requests or billing support, the user must send an email to [email protected] at least 48 hours prior to the next billing date.

11. Disclaimer of Warranties and Liability

MARKETING CERTO is not liable for loss of profits, financial losses resulting from WhatsApp account bans, or any business losses suffered by the user in their daily operation.

Safeguarding passwords, managing contact lists, and obtaining consent to send messages to recipients is the sole legal responsibility of the User.

12. Technical Support and Service

Technical support hours are as follows:

• Monday to Friday: from 09:00 to 12:00 and from 14:00 to 18:00 (Brasília time) via online support or email [email protected].
• Saturdays, Sundays, and Holidays: from 09:00 to 16:00, restricted to emergencies via email.
• Official channels: Phone +55 (11) 3042-9123 and integrated chat on the website.

13. Loss of License Key

The Marketing Certo license is bound to the hardware of the activated machine. In case of transfer to another machine, formatting, or replacing computer hardware parts, a reissuance fee equivalent to 10% of the plan value will be charged to cover hardware revalidation costs.

14. Intellectual Property Rights

This contract grants the user a temporary, non-exclusive, non-transferable, and non-sublicensable license to use the software.

The software structure, brands, logos, screen layouts, sending routines, and source codes of the MARKETING CERTO platform are reserved and protected by Industrial Property Law (Law No. 9.279/96), Copyright Law (Law No. 9.610/98), and Software Law (Law No. 9.609/98). Any reverse engineering or piracy attempt will result in prosecution and contract termination.

15. Sanctions

MARKETING CERTO reserves the right to suspend or cancel the license of any user who violates contract terms, engages in fraud, or conducts spam mailings.

16. Termination

Failure to comply with any clause of this agreement will result in immediate termination, access block, and loss of recurrences paid, without prior notice.

17. Privacy and General Data Protection Regulation (LGPD)

We process the personal data of Users in compliance with the Brazilian General Data Protection Regulation (LGPD, Law No. 13.709/2018) and the Consumer Defense Code (Law No. 8.078/90).

I. What data do we collect and its purpose?

To enable registration, invoice issuance, and license activation, we collect:

• Full Name / Corporate Name: for client identification.
• Phone / WhatsApp: for support and alert communication.
• Email: to send license keys and billing invoices.
• CPF or CNPJ: for tax invoicing and fraud prevention.
• Device data (automatically collected): IP address, MAC Address, OS version, and browser type, to validate and secure hardware-tied license keys.

II. Storage and Deletion

Because Marketing Certo is executed 100% locally on the user's computer, **MARKETING CERTO does not store on its external servers any contact data, chat histories, sent messages, or campaign logs of the client.** All this information resides privately and exclusively on the User's local machine disk drive (inside the Windows AppData directory), in full compliance with the privacy standards required by the LGPD.

Registration data collected for payment and faturamento will be stored for the legally required period to fulfill fiscal obligations and then deleted or anonymized.

III. Rights of the Data Subject

The data subject has the right to confirm data processing, request access, correct incomplete or outdated data, and request the deletion of data processed under consent. Requests must be sent to: [email protected].

18. Agreement Duration

Contracted services remain valid during the active subscription period, conditioned on technical compatibility with WhatsApp Web services.

19. Governing Law and Jurisdiction

To resolve any disputes arising from this contract, the courts of the city of the head office of MARKETING CERTO are elected, to the exclusion of any other, with Brazilian law applying in its entirety.