Terms

TERMS IN USE FROM THE PLATFORM – LEADSTER

(Last update on August 28th 2023)

Hello User

For that you can access and use the Leadster Platform, taking advantage of the services what us, from the Leadster, we can provide, firstly we need what you meet ours Terms of Use.

To agree with them, you should identify yourself as a representative of the hiring process for our services, which will be provided in accordance with the following provisions:

OBJECT:

This document regulates our services, provided in the Software as a Service (SaaS) modality, which begins with the User's access to the software made available via the Leadster platform.
For the provision of services, we grant the User a software use license with the following characteristics: (I) personal, (II) non-transferable, (III) non-exclusive; (IV) free or onerous; and (V) provisional.
Access to the Platform is via the internet, on the website https://getleadster.com, through login and password, registered by the User, according to data provided during the registration process on the website mentioned above.

WHO IS THE “USER”:

“User” is considered to be :

• The company, for which the subscriber of this term of use represents or categorizes themselves as employed by, hereby declares to have full authority to carry out the aforementioned hiring, hereinafter referred to simply as the 'CONTRACTOR'.

WHAT IS POSSIBLE TO DO WITH THE LEADSTER PLATFORM:

The Leadster Platform allows the User to:

• Create and automate a virtual written conversation assistant (the “chatbot”), capable of collecting and storing data from visitors ("leads") who choose to interact with the chatbot, relevant to conducting the User's sales processes;
• Control and monitor data and information generated from the communications that occur via the chatbot, for generating various statistics, metrics, and reports, including lead conversion rates;
• Connect the Leadster Platform with other systems used by the company to maintain a record of the collected information.

WHAT IS NOT PART OF THE LICENSE:

• The assignment or licensing of intellectual property, proprietary, and moral rights to the copyright of the Software/Platform, in any capacity;
• Assignment or licensing of rights in industrial property, such as trademarks and graphic elements, etc;
• Granting of the right to sublicense, reverse engineer, adapt, or translate the source code;
• Provision of services of any nature by the Leadster to the User, except those expressly provided for in this contract;
• The provision of the Software or equipment necessary for accessing the Software/Platform;
• Integration into systems used by the User, even if not listed in the "integrations" tab of the Leadster Platform, which may be integrated upon request and approval with a budget for the availability of new functionality/integration in the system.

FOR THE DURATION OF THE SERVICES:

The relationship between the User and Leadster will apply for 12 (twelve) months, and the services will be rendered in favor of the USER from the conclusion of the contract.
After the initial term of 12 months, the contract will be automatically renewed for the same period.

USER'S OBLIGATIONS:

The obligations of the User are as follows:

• Register your login and password to access the Platform, ensuring that your registration contains accurate and up-to-date information, including the required payment details to allow for the collection of amounts due for the provision of services;
• Implement the chatbot on the desired website, registering the text of the questions and answers to be conducted by the chatbot during lead and customer service;
• Make payment of the contractual price, as provided for in this agreement;
• Comply, under your exclusive responsibility, with the applicable data protection legislation, adopting best practices in processing personal data;
• Provide all the information necessary for the provision of services by Leadster;
• Attend the one-hour project initiation meeting via remote access;
• Perform the necessary integrations and maintenance settings directly via the Leadster Platform;
• Follow the guidelines of conversational marketing, as recommended by Leadster;
• Respect the minimum 30-day "A/B" test duration for the validation of the initial parameters of the chatbot to enable the measurement of final results;
• Be the domain owner or authorized by the respective owner for the implementation of the chatbot(s).

LEADSTER'S OBLIGATIONS:

The duties of the Leadster are as follows:

1. Maintain the Leadster Platform available for access for a minimum period of 98% (ninety-eight percent) of the time during the relationship between the parties, with interruptions of services excluded from the 2% (two percent) not counted as part of the Platform's availability period;
2. Provide means for the User to register their Login, as well as to create and modify their password for accessing the Platform;
3. Provide a standard conversational flow model for the chatbot to follow, while allowing the User to customize the models provided, under their own responsibility, and adapt them according to their specific needs;
4. Offer a support channel to resolve any technical issues related to unavailability or access difficulties on the Platform;
5. Respond to requests made by the User within a maximum of 48 (forty-eight) hours, starting from the moment the requests are submitted through the support channel;
6. Maintain the necessary and compatible logical structure to enable the User to freely access and operate the Platform provided by Leadster, with the understanding that the Web Platform must be accessed via browsers like "Chrome" or "Mozilla Firefox," and the User is responsible for keeping such software duly updated for optimal system operation;
7. Send invoices and tax receipts to the User via email, according to the information/registration provided, with a notice period of at least 10 (ten) days before the obligation's due date.
8. Ensure the security of the chatbot application implemented within the client's site environment.

LEADSTER'S REMUNERATION DUE FOR THE SERVICES:

The hiring of services provided by Leadster is initially free of charge for a period of 14 (fourteen) consecutive days, starting from the completion of the User's registration.
Upon the expiration of the free period mentioned above, the remuneration amount due from the User to Leadster will correspond to the fixed charge applicable based on the number of unique accesses to the site(s) registered by the User during a 30 (thirty)-day period, as specified in the table below:

By "single access," we mean the cookies generated for that single device through which the User's page was accessed (e.g., a person who accessed the site via a smartphone and subsequently via a desktop will generate two distinct cookies, each identifying it differently).
Changes in the volume of unique hits with a duration exceeding 60 (sixty) days during the provision of services will be processed by the Leadster team. They will contact the person in charge to adjust the plan proportionally to the use of the services provided by Leadster, with the next open invoice already adjusted to the new amount. If the responsible person does not respond, the platform will be blocked until further negotiation.
Default or payment after the due date of any of the invoices issued by Leadster will result in a late payment fee of 2% (two percent) of the amount due, plus an interest rate of 1% (one percent) per month, in addition to the amount charged.

Default or payment after the due date of any of the invoices issued by Leadster will result in a late payment fee of 2% (two percent) of the amount due, plus an interest rate of 1% (one percent) per month, in addition to the amount charged.

The values hired may be adjusted through the IPCA (Consumer Price Index) or in accordance with other indices that may replace it. In any case, the correction will be applied through the application of percentage indices. If there is no negative evolution in the respective period, the contracted values will be maintained without any reduction.

PAYMENT CONDITIONS

Payment for the services rendered by Leadster will always be due on the day corresponding to the day of the month in which the contract was initiated (e.g., if the contract was initiated on 02/05, the first payment must occur on the same date to activate the platform on the contracted plan).

The due date for subsequent charges will be 30 days after the expiration of the previous charge or on the following business day (e.g., if 05/03 falls on a Saturday, payment will be due on 03/07, Monday, if it's a working day), or on a date agreed upon by both parties.

Payments will be made through the issuance of a supervisory note and the respective bank account or credit card payment, as made available to the User in advance, or through any other means agreed upon by both parties.

For payments via credit card for quarterly, semi-annual, or annual contracts, Leadster shall not be liable for the reimbursement of the value already paid if the cancellation of the contract is requested before the final date of installment or the end of the contracted period.

Default or payment after the due date of any of the installments owed to Leadster will result in a late payment fee of 2% (two percent) of the amount due, plus an interest rate of 1% (one percent) per month, in addition to the amount charged.

INTERRUPTION OF SERVICES:

Leadster may, at its sole discretion, discontinue services to the User whenever any of the following occurs:

• Default on any of the installments owed to LEADSTER for a period exceeding 15 (fifteen) days, without prejudice to monetary corrections, late fees, and penalties levied on the amount due;
• In the event of a declaration of bankruptcy, insolvency, or extrajudicial recovery of the USER.

CONTRACT TERMINATION:

LEADSTER operates with a minimum contract duration of 3 (three) months. If a User chooses to terminate the contract, they must either wait for the stipulated contract term to end or pay a fine equivalent to one additional monthly fee. After the third month, the request to terminate the services must be formalized by the User, and the amount due will include the current month, if there is an open invoice, plus the amount for the remaining days until the completion of the prior notice period.

The intent to terminate the contract must be formally communicated in writing by the User, providing a prior notice of 30 (thirty) days, via email to [email protected]. Once the aforementioned period has elapsed, the services (and, consequently, access to the Platform) will be terminated.

Both Leadster and the User may automatically terminate the contract in the event of an unremedied breach of contractual obligations within 15 (fifteen) days by the defaulting party.

RESPONSIBILITIES:

LEADSTER will only be responsible for the proper functioning of the virtual environment, the operation of the platform, and its technical functionalities, except in cases of service interruptions or interference, including the availability period of the platform, due to external, unpredictable situations and/or intentional damages caused by third parties against the Leadster Platform.

Leadster will not be liable to the User, third parties, consumers, or the User's customers, nor in administrative matters before public authorities in general, regarding failures in service provision or breach of obligations by the User to its customers, including, but not limited to, the delivery of goods, receipt of payments, etc.

Leadster and the User shall work to minimize risks and liability of the other party related to their respective activities. If one Party is held liable for actions inherent to the other party's activity, the aggrieved party may exercise the right of recourse against the party responsible for the damages.

The right of recourse mentioned above, when exercised against Leadster, will be limited to the sum of amounts effectively paid during the term of the contract.

The User acknowledges that the acts performed by their agents in using the Software/Platform are their exclusive responsibility, as well as determining whether these actions align with their expected results. The User shall not hold Leadster responsible for any actions carried out by the User or the information registered by them.

PERSONAL DATA PROCESSING

Leadster will process personal data related to the User's registration for the duration of the service provision and for the period necessary to fulfill its legal obligations or for the regular exercise of rights.

The User also authorizes the sharing of their personal data with third parties that provide services to Leadster, provided it is necessary for the service provision. The USER may at any time submit a written request to LEADSTER to be informed about which personal data of the USER were shared and with whom they were shared.

The legality of sharing the USER's personal data with Leadster upon registration on the Leadster Platform is the sole responsibility of the User.

The User acknowledges their status as the “controller” of personal data before Leadster, recognizing Leadster as a possible “data processor” when personal data of third parties are effectively shared with Leadster.

If the data subject exercises any of the rights provided for in Article 18 of Law 13.709/2018 against the User and their data has been shared with Leadster, the User must notify Leadster within 48 (forty-eight) hours, under penalty of the User being liable for any damages caused to Leadster.

CONTACT

NEUROLOGIC INTELIGENCIA ARTIFICIAL LTDA, person legal in right private, enrolled at the Register National in People Legal – CNPJ/MF under O no. 30.491.515/0001-00, headquartered at Francisco Rocha Street, 198, Batel, Curitiba, Paraná, Brazil, zip code 80420-130.

GENERAL PROVISIONS

Leadster may change these Terms of Use whenever it deems necessary. Any changes will be communicated to the User with at least 30 (thirty) days' notice in advance.

Any tolerance or allowance by Leadster towards the User shall not constitute a waiver, novation, or alteration, whether unspoken or expressed. It does not prevent Leadster from, at any time, requiring compliance with the terms set forth in this agreement.

Leadster's Terms of Use apply exclusively to the services provided by Leadster. Leadster is not responsible for other services that may be governed by separate and independent third-party agreements, which are not part of this document.

These Terms of Use will be interpreted in accordance with Brazilian legislation, with the Brazilian Civil Code additionally applying to cases not covered herein.

This agreement binds the contracting parties, their successors, and heirs, in all its clauses, terms, and conditions.

Any clause or condition of this agreement that, for any reason, may be deemed null or void by any court or tribunal, will not affect the validity of the remaining contractual provisions, which will remain fully valid and binding, having full legal effect.

To resolve any disputes arising from this agreement, the parties choose the Central Forum of the Metropolitan Region of Curitiba/PR as the exclusive jurisdiction, waiving any other jurisdiction for the sake of expediency.

Given that its terms are fair and mutually agreed upon, the USER declares its unequivocal knowledge and express agreement to all clauses, obligations, declarations, rights, burdens, and responsibilities set forth in this contract by clicking on “I have read and accept.”

ATTENTION: By ticking the “I have read and accepted” option below, YOU declare that you have understood and are aware of the conditions presented here. You agree to be bound by the Terms of Free and Voluntary Use of the Leadster Platform.

Curitiba, at date from the signature electronics.