Terms of Service

1. Acceptance and capacity

You represent that you are at least 18 years old and legally capable of entering into contracts. If you accept these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" then means that entity.

Publiq is a business-to-business service. It is not offered to, and must not be used by, minors.

Record of acceptance

When you accept these Terms, we record the acceptance: the date and time, the edition accepted — identified by its effective date, the one shown at the top of this page — the IP address the acceptance came from, and the browser that sent it. The edition recorded is the one in force on our servers at that moment, not one your browser chose, so the record cannot be made to point at an older version. It may be produced in any dispute about which version binds you.

Publishing a new edition changes that effective date, and your acceptance of the previous edition stops covering it — the application will ask you to accept again. Where we notify a material change and you continue using the service after it takes effect, that continued use is itself an acceptance of the new version.

2. The service

Publiq is a platform for sending transactional and marketing email through an API, for automating conversations on third-party messaging channels (Instagram, WhatsApp, Messenger, Telegram, TikTok and an embeddable website chat), and for capturing, segmenting and analysing leads and contacts.

We may change, add or remove features. Where a change materially reduces a core function of a paid plan, we will give notice as described in the "Changes to these Terms" section.

We work to keep the service available, but we do not promise uninterrupted or error-free operation. The service depends on third-party infrastructure and third-party platforms whose availability we do not control. No service level agreement applies unless one is stated in a separate written enterprise agreement signed by us.

3. Your account and credentials

You are responsible for everything that happens under your account, your organisation, your projects and your API keys, including actions by your team members and by any integration you connect.

• Keep your password and API keys confidential. An API key grants access to your data — treat it as a secret and rotate it if exposed.
• Enable two-factor authentication where your security policy requires it; the platform supports it.
• Tell us immediately, at [SECURITY CONTACT EMAIL], if you suspect unauthorised access.
• Keep the contact details on your account accurate — we use them for service, security and billing notices.

You must not share a single account across separate legal entities in order to avoid plan limits, nor create multiple accounts to circumvent quotas, trials or a suspension.

4. Plans, billing and renewal

Publiq is offered on a Free plan, a paid Pro plan, and an Enterprise plan agreed case by case. The quotas and features of each plan are those published on our pricing page at the time of your subscription, and they are enforced by the platform.

• Paid subscriptions are billed in advance, in the currency shown at checkout, and renew automatically for successive periods until cancelled.
• Payments are processed by Stripe. We do not receive or store your full card number; Stripe does.
• Prices are exclusive of taxes unless stated otherwise. You are responsible for any taxes, duties or withholdings applicable to you, other than taxes on our income.
• If a payment fails, we may retry it, notify you in the application, restrict features, and — if the failure is not resolved — suspend or terminate the subscription.

You can cancel at any time from the billing area of the application. Cancellation takes effect at the end of the current billing period; the service remains available until then and no further charge is made afterwards.

Except where consumer protection law requires otherwise, fees already paid are not refundable. Where a refund is due by law, it is processed within [REFUND WINDOW] of the request. Brazilian consumers who contracted the service outside a place of business may exercise the seven-day right of withdrawal under article 49 of the Consumer Protection Code.

We may change prices. A price change applies to your next renewal and is announced at least 30 days in advance to the account email; if you do not accept it, you may cancel before the renewal date.

5. Acceptable use

The value of an email and messaging platform depends entirely on the behaviour of everyone who uses it. Abuse by one customer harms the deliverability and platform standing of every other. The rules below are therefore material obligations, not guidance.

The Acceptable Use Policy published at /legal/acceptable-use forms an integral and binding part of these Terms. It carries the full list of prohibitions, the reputation thresholds we enforce and the graduated consequences of a breach. Because abuse patterns change faster than a contract can be renegotiated, we may update that policy on its own; material changes are notified as described in "Changes to these Terms". The summary below does not narrow it.

You must not

• Send unsolicited bulk messages of any kind (spam), by email or by any messaging channel.
• Send to any recipient without verifiable consent, obtained by you, for the type of message you are sending, and recorded so you can produce it on request.
• Use purchased, rented, scraped, harvested or otherwise third-party-sourced contact lists.
• Suppress, hide, break or ignore an unsubscribe or opt-out mechanism, or continue messaging a recipient who has opted out, in any channel.
• Falsify headers, sender identity, reply-to addresses or the origin of a message, or use a domain you are not authorised to send from.
• Send content that is unlawful, fraudulent, deceptive, defamatory, obscene, that infringes intellectual property, that promotes hate or violence, or that constitutes phishing, malware distribution or any other attack.
• Send credentials, one-time codes or password resets on behalf of a service you do not operate.
• Circumvent quotas, rate limits, anti-abuse controls or suppression lists, including by splitting the same sending across accounts, organisations or projects.
• Reverse engineer, resell, sublicense or provide the service to third parties as if it were your own, except under an agency arrangement expressly enabled in your plan.
• Probe, scan, overload or interfere with the platform or the infrastructure of any third party through the platform.

You must maintain reasonable list hygiene: honour unsubscribes immediately, remove hard bounces, and stop sending to addresses that repeatedly do not engage. The platform maintains per-recipient suppression; you must not bypass it.

We may suspend sending, an integration, a project or the whole account immediately and without prior notice where we reasonably believe this section has been breached, where the platform, its IP reputation or another customer is at risk, or where a third-party platform or a competent authority requires it. Where the circumstances allow, we notify you and explain what would restore the account.

6. Your responsibility for content and consent

You decide who is contacted, with what message, and on what basis. As between you and Publiq, you are solely responsible for the contact data you upload or capture, for the lawfulness of the basis on which you contact each recipient, and for the content of every message sent through your account.

• You warrant that you have collected and can evidence a valid legal basis — consent where consent is required — for every recipient you message, in every channel, and that you have given those recipients the privacy information the law requires.
• You warrant that you have the rights to any content, template, image, brand or data you upload.
• You are the controller of the personal data of your contacts. Publiq processes that data only as your processor, under the Data Processing Addendum.
• You must keep your own privacy notice accurate, including disclosing that a service provider processes data on your behalf.

We may inspect message content, sending patterns and complaint rates strictly as needed to operate the service, investigate abuse, and comply with law. We do not use the content of your messages or your contact data to train artificial intelligence models.

7. Third-party platforms and channels

When you connect a channel — an Instagram or Facebook account, a WhatsApp Business number, a Messenger page, a Telegram bot, a TikTok account, an advertising account, a Google account or an external email platform — you also agree to that provider's own terms and policies, and you authorise Publiq to access that account on your behalf, within the permissions you grant.

• You must comply with the Meta Platform Terms, the WhatsApp Business Messaging Policy, the messaging and advertising policies of TikTok, and the equivalent rules of any other connected provider.
• Those providers set their own messaging windows, template approval rules, rate limits and quality ratings. We surface them where the API exposes them, but we do not control them.
• A provider may restrict, suspend, rate-limit, downgrade or permanently ban your account, your page, your number or your app for reasons of its own. That risk is yours. Publiq is not liable for any such action, nor for revenue, reach or conversations lost because of it.
• A provider may change or withdraw its API. If a channel becomes unavailable for that reason, we will tell you, but it is not a breach of these Terms by us.

8. Intellectual property and licence

The platform, its software, design, documentation, SDKs and brand are and remain ours. Subject to these Terms and to payment of the applicable fees, we grant you a non-exclusive, non-transferable, revocable licence to use the service during your subscription, for your own business purposes.

Your content — your templates, your contact data, your messages, your automations and anything else you upload — remains yours. You grant us only the licence needed to host, process, transmit, back up and display it in order to provide the service and to comply with law.

If you send us feedback or suggestions, we may use them without restriction and without owing you anything.

We may produce aggregated, de-identified statistics about platform usage — volumes, deliverability, performance — that do not identify you, your contacts or your content, and we may use those to operate and improve the service.

9. Confidentiality

Each party may receive non-public information from the other. Each party will protect the other's confidential information with at least reasonable care, use it only to perform this agreement, and disclose it only to personnel and subprocessors bound by confidentiality obligations.

This does not apply to information that is public without breach, was already known without a duty of confidence, is independently developed, or must be disclosed by law — in which case the disclosing party is notified where legally permitted.

10. Data protection

Our processing of personal data is described in the Privacy Policy. Where we process personal data on your behalf — the data of your contacts and of the people who message your channels — the Data Processing Addendum applies and forms part of these Terms.

The current list of subprocessors is published on the Subprocessors page and is incorporated by reference. Our deadline for notifying you of a personal data breach is stated in the Data Processing Addendum and in the Privacy Policy, and is the same in both.

11. Disclaimer of warranties

To the maximum extent permitted by law, the service is provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted or error-free operation.

In particular, we do not warrant that any message will be delivered, that it will reach an inbox rather than a spam folder, that a third-party platform will accept or keep accepting your traffic, that any commercial result will be achieved, or that any output produced by an AI assistant in the product is accurate, complete or suitable for your purpose. AI output must be reviewed by you before it is sent.

Nothing in this section limits rights that cannot be limited under applicable consumer law.

12. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, nor for loss of profits, loss of revenue, loss of business, loss of goodwill, loss of anticipated savings, or loss or corruption of data, even if advised that such damages were possible.

To the maximum extent permitted by law, our total aggregate liability arising out of or relating to this agreement, whatever the cause of action, is limited to the total amount actually paid by you to us for the service in the twelve (12) months immediately preceding the event giving rise to the claim. Where you are on the Free plan and have paid nothing, our aggregate liability is limited to the equivalent of one month of the entry-level paid plan.

These limits do not apply to liability that cannot be excluded by law, including wilful misconduct and fraud.

13. Indemnification

You will defend, indemnify and hold us harmless against any third-party claim, demand, investigation, fine or proceeding — and against the resulting damages, penalties, costs and reasonable legal fees — arising out of or relating to:

1. the content of messages sent through your account;
2. your collection of, or lack of a valid legal basis for, the contact data you process through the platform;
3. a complaint, claim or regulatory action brought by a recipient, a data subject or a data protection authority in relation to your use of the service;
4. your breach of these Terms, of the Acceptable Use section, or of the policies of a connected third-party platform;
5. your infringement of the intellectual property or other rights of a third party.

We will notify you of the claim without undue delay, allow you to control the defence with counsel of your choice subject to our reasonable approval, and cooperate at your expense. You may not settle a claim in a way that imposes an obligation or an admission on us without our written consent.

14. Suspension and termination

You may terminate at any time by cancelling your subscription and deleting your account. We may terminate for convenience with 30 days' notice, or immediately for a material breach of these Terms, for non-payment, for a breach of the Acceptable Use section, or where required by law or by a third-party platform.

On termination: your right to use the service ends; outstanding fees remain due; and your data is handled as described in the Data Deletion page and in the Data Processing Addendum. Export what you need before you delete an account — after the deletion window has elapsed, the data cannot be recovered.

Sections that by their nature should survive — confidentiality, intellectual property, disclaimers, limitation of liability, indemnification, governing law — survive termination.

15. Force majeure

Neither party is liable for a failure or delay caused by an event beyond its reasonable control, including natural disaster, war, civil unrest, epidemic, strike, act of government, failure of a public network or energy supply, large-scale cyber-attack, or the failure, restriction or discontinuation of a third-party platform or infrastructure provider. The affected party must notify the other and take reasonable steps to mitigate.

16. Changes to these Terms

We may update these Terms. The date at the top of this page always shows the current version. For any change that materially affects your rights or obligations, we will give at least 30 days' notice by email to the account address or by a notice inside the application before it takes effect.

Continuing to use the service after a change takes effect means you accept it. If you do not accept it, cancel before the effective date.

17. Governing law and jurisdiction

These Terms are governed by the laws of the Federative Republic of Brazil. The parties elect the courts of [COURT DISTRICT] as the exclusive forum for any dispute arising from this agreement, waiving any other however privileged, without prejudice to the forum that consumer protection law grants to a consumer.

18. General

• Severability: if a provision is held invalid or unenforceable, the rest remains in force and the invalid provision is replaced by a valid one of equivalent effect.
• No waiver: failure to enforce a provision is not a waiver of it.
• Assignment: you may not assign this agreement without our written consent; we may assign it in a merger, acquisition or sale of assets, on notice to you.
• Independent parties: nothing here creates a partnership, joint venture, employment or agency relationship.
• Entire agreement: these Terms, together with the Privacy Policy, the Data Processing Addendum and the Subprocessors list, are the entire agreement between the parties on this subject.
• Language: where a translated version of these Terms conflicts with the Portuguese version, the Portuguese version prevails.

19. Contact

[LEGAL ENTITY NAME] — [CNPJ] — [REGISTERED ADDRESS].

• Contractual and legal notices: [LEGAL CONTACT EMAIL]
• Privacy and data protection: [DPO EMAIL]
• Security reports: [SECURITY CONTACT EMAIL]
• Support: through the in-app support area of your account.