Myndchat Terms of Service

1. Who we are and how to reach us

Brazilian Decree 7,962/2013 requires anyone selling over the internet to identify themselves clearly and prominently. The supplier details and support channels are set out below.

Written support is the official channel for any request that depends on a record: cancellation, refund, challenge to a measure, and exercise of rights. A request made by another route is not lost, but the clock starts when it reaches one of these addresses.

2. Definitions

These terms use a few words with a specific meaning. Wherever they appear in this document, this is what they mean.

3. Subject matter and acceptance

Myndchat grants you a licence to use the platform: non-exclusive, non-transferable and limited to the term of the subscription, for the purpose of automating and handling conversations with your own contacts over the channels you connect.

Acceptance is electronic and happens at sign-up. By creating the account you expressly accept these Terms and the Acceptable Use Policy, and we record the exact version of each document accepted, the date, the time and the IP address the acceptance came from. That record is available for you to consult inside the platform, and not only in our database.

Without acceptance there is no account. Sign-up does not complete without it, and there is no way to use the platform without having accepted. This is not a formality: it is what makes it possible to prove afterwards which version of the contract each thing happened under.

When you connect each channel, you give an additional, specific acceptance acknowledging that the channel also subjects you to the rules of the platform that owns it. Section 12 covers this.

4. Eligibility

Myndchat is a professional tool and is not intended for anyone under 18. To subscribe, you state that:

• you are at least 18 years old and have full legal capacity;
• you use the platform in the course of a professional or business activity;
• you have authority to bind the legal entity on whose behalf you subscribe, where applicable;
• the details you gave at sign-up are true, current and complete, including your tax identification number.

False or outdated registration data is grounds for suspension, because it prevents both correct tax invoicing and our ability to know who we are contracting with.

5. Account, team and security

The account is yours and so is responsibility for it. Keep your credentials safe, do not share them, and turn on two-factor authentication, which the platform offers. If you suspect unauthorised access, write to seguranca@myndchat.com immediately.

You can invite people into your organisation and set what each of them may do. Acts carried out by the people you authorised are your acts as far as Myndchat is concerned: granting, reviewing and revoking those accesses is up to you, and the platform gives you the tools for it.

Each organisation is isolated from the others. We do not mix your data with another customer's, and the Privacy Policy describes how that isolation works.

6. Plans, billing and what an active contact is

The subscription is recurring, monthly or annual, and is processed by Stripe. The annual plan is charged in full at the start of the twelve-month period. Payment is by credit card in a single charge, without instalments.

The plans, what each includes and the current prices are published on the pricing page. They are deliberately not reproduced here: price and limits are configuration and can change, and a contract that lists amounts goes out of date at the first adjustment. Price changes follow section 18.

An active contact is a person who sent or received at least one message through the platform within the current billing cycle. The count resets each cycle and does not carry over from one month to the next. Example: if the same person exchanges forty messages with you in March, they count as one active contact in March; if they exchange none in April, they do not count in April; if they get back in touch in May, they count again in May.

A message sent by campaign counts the same way: someone reached by a campaign is an active contact in that cycle and uses the same plan allowance. There is no separate quota for campaigns.

If you go past your plan's active contact allowance within a cycle, the platform does not cut your service off on the spot. The excess is charged per contact on the following invoice, and you are warned before you get there. In billing settings you set a maximum amount of excess you are willing to pay. If you upgrade your plan within the same cycle in which excess was incurred, the excess already generated is waived.

Active contact, seat and consumption counters are computed on our servers from the platform's own records. They stay visible so you can follow them during the cycle.

No card data passes through our servers. The payment fields are served directly by Stripe, and what we store is only the payment method identifier, the brand, the last four digits and the expiry date, so you can recognise the card on file.

7. Subscription lifecycle

The subscription renews automatically at the end of each cycle, on the same plan, until you cancel. The table below summarises what happens in each situation.

A downgrade only takes effect at the end of the paid period for a simple reason of fairness: without that it would be possible to use an expensive feature during the cycle and step down before paying for it.

Your invoices are available in the platform, and you can change the payment method yourself at any time.

8. Right of withdrawal and refunds

You have 7 calendar days from the date of subscription to change your mind and get back everything you paid, with no need to give a reason. This is the right of withdrawal under article 49 of the Brazilian Consumer Protection Code, and it applies to every purchase made online. Just write to support@myndchat.com within the deadline.

The refund is in full and is made through the same payment method used at subscription. We do not charge a fee and do not withhold any part of the amount for use during those seven days.

Outside the withdrawal period, cancellation takes effect at the end of the period already paid for: you keep access until then and there is no pro rata refund for unused days. This applies to both the monthly and the annual cycle.

Nothing in this section removes your right to a refund in the event of a defect in the service, an incorrect charge or a failure on our part. In those cases the rules of the Consumer Protection Code apply, and the request should be sent to support@myndchat.com. The Refund Policy, on a page of its own, sets out each of those cases, the review and repayment timelines, and the annual plan paid upfront.

9. The cost of channel messages is yours, and does not pass through us

This section exists because it is the most common source of misunderstanding in platforms like ours, and it is worth leaving no doubt.

Messages sent over the channels are charged by the platforms themselves, on the channel account that is yours, directly to you. No message charge passes through Myndchat. We do not intermediate it, do not pass it on, do not invoice it and do not profit from it. The invoice for messages is the channel provider's, with you.

What the platform does is record outgoing messages, estimate the cost before sending and show the actual figure afterwards, so that you can see your own spending without leaving the tool.

That figure is always labelled as a Myndchat estimate, never as an invoice. It is calculated from rate tables the platforms publish and change on their own. In case of any discrepancy, what counts is the charge made by the channel provider.

10. Your obligations towards end contacts

When someone talks to you over a connected channel, it is you, and not Myndchat, who decides what to do with that data. Under the Brazilian General Data Protection Law you are the controller of that data and we are the processor, acting on your instruction. Section 2 of the Privacy Policy explains this division in detail.

As controller, you undertake to:

• obtain valid consent, or have another adequate legal basis, before sending anyone a message;
• tell the contact clearly who is talking to them and why;
• immediately honour any request to leave, unsubscribe or stop being contacted;
• not use purchased lists, scraped databases, contacts obtained from a third party without a legitimate source, or imports of unknown provenance;
• not use the data for a purpose different from the one you told the contact about;
• meet the data subject rights under article 18 of the LGPD for the data under your control;
• comply with the policies of each channel platform you connect.

The platform records opt-in and opt-out and gives you the tools to comply, but the decision and the responsibility are yours. If an end contact comes to us directly, we forward the request to you and tell them that we have done so.

11. Acceptable use

The Acceptable Use Policy forms part of this contract, is published as a page of its own, and details what may not be done with the platform — including the consent rule, which is the one that shuts down the most accounts, and what may not be designed into an automation. It is accepted together with these Terms, at sign-up. What follows is the floor, and it applies even if the detailed policy changes.

You may not use Myndchat to:

• message people who have not consented, or use purchased lists, scraped databases or contacts of unknown origin;
• run scams, phish, impersonate another person or company, or make misleading financial promises;
• distribute content prohibited by the commercial policies of the connected channels;
• collect personal data deceptively, or use the channel for a purpose different from the one told to the contact;
• build automations designed to stop a person reaching a human, or to make leaving harder;
• resell or pass on access to the platform to unidentified third parties.

Breach triggers the escalation ladder described in section 13. You can report abuse by another customer by writing to abuso@myndchat.com.

12. The policies of the connected platforms apply to you too

By connecting a channel, you also become subject to the rules of the company that owns it, in addition to these Terms. Those rules are theirs, change when they decide, and do not depend on us. When you connect each channel, the platform asks for a specific acceptance acknowledging this.

We do not reproduce the content of those policies here: they change often, and a copy of ours would go stale and start giving wrong information. The official, current documents are published by the platforms themselves, and it is their version that counts.

If one of those platforms restricts, suspends or penalises your channel account, the decision was theirs. We tell you, show you what was reported and point you to their appeal route — but we have no power to reverse a decision that is not ours.

13. Suspension, termination and the right to challenge

If we identify behaviour that breaches these Terms or the Acceptable Use Policy, the response is proportionate and progressive. We do not go from nothing to everything.

A serious and unambiguous breach — a scam, illegal content or payment fraud — may go straight to the last step, and even then the decision goes through immediate human review and is recorded.

No suspension deletes data, and no artificial intelligence decides a suspension. Automated systems may flag and prioritise; the decision to suspend is always a person's, with their name and the reason recorded. Suspension preserves your data; deletion is a deliberate act, with a deadline, and is described below.

Every warning and every suspension states what was detected, which rule applies, when it happened and what to do to resolve it. You can challenge it through the appeal channel inside the platform, and the review is carried out by a person, with a recorded and reasoned decision. An upheld challenge fully restores the previous state. Repeat breaches harden the response, and that is said here from the outset precisely so that it is not a surprise.

When the account is closed, whether at your initiative or ours, you have 30 days to export your data. After that, deletion happens within 60 days in the database and in storage, and backups are overwritten within 90 days. Channel tokens are revoked at the moment of disconnection or closure. Contacts' opt-out records survive the purge, because deleting them would make those people start receiving messages again.

14. Intellectual property

The platform is ours: the software, the interface, the brand, the documentation and everything we build remain Myndchat's. The licence in section 3 allows use — not copying, reselling, decompiling or creating derivative works.

What is yours stays yours: your contacts, the content of your conversations, the automations you build, your message templates and your knowledge base. We claim no ownership over any of it.

So that we can provide the service, you grant us a limited licence to store, process, transmit and display that content — and only as far as necessary for that. That licence does not allow us to use your content for our own purposes, to combine it with another customer's, to sell it, to use it for advertising or to use it to train artificial intelligence models. It ends when the content is deleted.

15. Artificial intelligence

Artificial intelligence features are available from the plans that include them, as shown on the pricing page. Section 7 of the Privacy Policy explains in detail what is sent to a model provider, which providers those are and what they may do with that content.

Artificial intelligence gets things wrong, and the review is yours. Model-generated answers are statistical suggestions, not verified truths: they can be wrong, out of date or out of context. Do not use the platform as a substitute for medical, legal, financial or any other advice that requires a qualified professional. What your automation sends is sent in your name, and responsibility for it is yours.

The model suggests and the code decides: an action with real effect on the platform only happens when the model's output matches a closed list of permitted actions. The model has no power over billing, over permissions or over sending money.

Artificial intelligence usage has a per-plan cap, and you can follow your consumption inside the platform. As you approach the cap you are warned before anything is blocked; once you reach it, AI features stop until the next cycle or until you move to a plan with a higher cap. The rest of the platform keeps working normally.

16. Availability

There is no contractual availability guarantee in this version. We do not promise an uptime percentage, and therefore there is no credit or compensation tied to downtime. We would rather say this plainly than publish a number we have not yet measured.

What we do in practice, and what you can count on:

• scheduled maintenance is announced in advance and carried out in a low-traffic window whenever possible;
• significant incidents are communicated while they are happening, not afterwards;
• the platform is monitored and backups are tested.

The platform depends on third-party services we do not control, including the messaging platforms themselves. A channel being down is that channel being down, not Myndchat, and in those cases we tell you what we know and what we are doing.

If we start offering an availability guarantee, it will come in its own document and will be communicated in line with section 18.

17. Liability

We are liable for damage we cause through a defect in the service, as provided by Brazilian law. We do not exclude, limit or waive any right the Consumer Protection Code gives you where it applies — a clause doing so would be void, and there would be no reason for it to be here.

On the other hand, and because the division of roles is what this contract rests on, we are not liable for:

• the content you send to your contacts, nor for what your automation sends in your name;
• the legal basis and consent of your contacts, which are your responsibility under section 10;
• a decision to suspend, restrict or penalise taken by a channel platform in respect of your account;
• unavailability or a change of rules in a third-party service we do not control;
• the cost of channel messages, which is yours and is charged directly by them, as set out in section 9.

If a third party brings a claim against us because of content you sent, a contact you imported without a legal basis, or a breach by you of the Acceptable Use Policy, you will indemnify us for what we have to bear, including defence costs.

This section is under legal review. If it changes, the change will follow section 18, with prior notice and re-acceptance.

18. Changes to these terms

These Terms may change — because the law requires it, because the platforms we integrate with change, or because the product evolves. When that happens, we publish the new version with a new effective date and give you notice proportionate to the size of the change.

A change of version triggers a new acceptance. Until you accept, use of the platform continues, with a soft block only on campaigns and broadcasts — ongoing conversations and support do not stop. That block exists so that no mass send happens under a contract you have not yet read.

Previous versions remain accessible, and the record of your acceptance points to the exact version you accepted at each moment. If you do not agree with the new version, you can cancel under section 7, with effect at the end of the paid period.

19. Governing law and jurisdiction

This contract is governed by Brazilian law, in particular the Civil Code, the Consumer Protection Code where applicable, the Internet Civil Framework and the General Data Protection Law.

The courts of the District of São Paulo, State of São Paulo, Brazil, are elected to settle disputes arising from these Terms.

Express reservation: if you are a consumer, article 101, item I, of the Consumer Protection Code guarantees the courts of your own domicile, and that option prevails over the election above. The jurisdiction clause does not remove that right and cannot be used to hinder your access to justice.

Before taking any court action, write to juridico@myndchat.com. Most disagreements are resolved in writing, and faster.

20. Effective date and version

This document exists in Portuguese and in English. In the event of any discrepancy between the two versions, the Brazilian Portuguese version prevails.