Terms of Use
(SERVICE AND SOFTWARE LICENSING AGREEMENT)
TERMS OF USE
The company Ikatec™ (trade name of E. M. Soluções Integradas de Sistemas Ltda.), (CNPJ No. 18.716.151/0001-06), owns the Digisac® Platform (Software as a Service [SaaS]). This agreement is entered into between Ikatec™ and the Client – referred to as “YOU,” “YOUR,” “YOURS,” and identified in Annex I, which is a legal entity. The service allows YOU to send messages through various systems, including Telegram, SMS, Email, WhatsApp, Meta, Instagram, Google Chat-My Business, Facebook, Messenger and Web Chat.
By registering for a Digisac® account, YOU acknowledge that you understand these terms of use and sign the Agreement as a “Client.” ENSURE THAT YOU HAVE THE NECESSARY AUTHORIZATION to enter into this Agreement on behalf of the company before proceeding. If you have any questions, contact us.
If the Client violates any of Ikatec™’s terms or policies (available at this LINK), Ikatec™ reserves the right to terminate the agreement, suspend accounts, or prohibit account access with 72 hours’ prior notice.
This agreement proves the provision of services. The payment location is defined as the city of Bauru, State of São Paulo, Brazil.
The applicable laws to this agreement are Brazilian laws.
By using any feature of the Digisac® platform, including the website, the client acknowledges that they have read and agree to comply with the terms and conditions established in these terms of use, as well as any future modifications. If the client does not agree with the obligations established herein, they must immediately stop all use of the Digisac® platform and its functionalities. Additionally, YOU declare and warrant to Ikatec™ that you have the legal capacity to enter into this binding agreement.
1. DIGISAC® PLATFORM
1.1. The provision of the Digisac® Platform is conditional upon the Client’s acceptance and adherence to the terms of this Agreement. We will provide the Platform according to the following terms and conditions:
(i) Compliance Statement: By using the Digisac® Platform, YOU declare that you have read, accepted, and comply with all obligations, including financial ones, related to third-party messaging platforms and integrated business applications.
(ii) Interoperability: YOU declare that you have taken all necessary steps to enable interoperability between the Digisac® Platform and third-party messaging platforms, as well as integrated business applications.
(iii) WhatsApp Charges: YOU understand that WhatsApp uses conversation models with pre-approved phrases, implying charges based on the CBP (Conversation-Based Pricing) set by WhatsApp or related Brokers.
(iv) Implementation Fees: YOU acknowledge that you will be responsible for paying non-refundable implementation fees for creating and connecting the official WhatsApp account. Ikatec™ will not be responsible for reimbursing or paying any amount if the account is not approved due to WhatsApp policies.
2. MODIFICATIONS TO THE SERVICE AND FEES
2.1. Ikatec™ reserves the right to modify, suspend, or discontinue the Service at any time, with or without prior notice, in case of policy changes by third-party platforms or due to legislative, economic, or other changes that make the service unfeasible or excessively burdensome.
2.2. We may change our fees; see Clause 7 and subsequent clauses.
2.3. We may update and modify the Terms of Use without prior notice for legal reasons or to improve the service, including the launch of new tools. We will clearly inform on the website about any changes. By continuing to use the service, you agree to the updated Terms of Use.
3. TRADEMARK LICENSE
3.1. During the term of this agreement, the Client grants Ikatec™ a non-exclusive, non-transferable, non-sublicensable, and royalty-free license to use its registered trademarks and logos for advertising and promotion of the Digisac® Platform. This authorization is subject to the Client’s brand usage guidelines. The Client may request the cessation of the use of its trademarks and logos if they consider that their display may significantly harm their image or reputation.
4. COPYRIGHT AND OWNERSHIP
4.1. We expressly reserve all rights, titles, and interests, including related rights, over:
(i) the Digisac® Platform and any other materials or content provided by Ikatec™, including all and any modifications, as well as all intellectual and intangible property rights in any of the above items.
(ii) Digisac® is owned by Ikatec™. The Client may not copy, modify, reproduce, distribute, reverse engineer, decompile, or disassemble the software without written authorization. YOU also agree not to resell, duplicate, or exploit the Digisac® Platform, which is licensed for use and not sold.
4.2. Violation of Ikatec™’s intellectual, industrial, and/or copyright rights will result, in addition to immediate contract termination, in legal penalties.
4.3. Ikatec™ does not claim intellectual, industrial, or copyright ownership over the content provided by YOU, your clients, or any user on the Digisac® system.
4.4. YOU acknowledge and agree that we may store and transfer your data, including Personal Data, to subcontractors, solely for the provision of services under this Agreement, under our responsibility. We may also store and transfer non-identifiable or aggregated data for internal business purposes, such as quantitative analysis, quality assurance, product and service improvement, and development of new products and services.
5. RESPONSIBILITIES AND PROCEDURES
Customer Accounts
5.1. Administrator Accounts. Upon the Client’s request, we will issue one or more administrator accounts (‘Manager Accounts’) for exclusive use by the Client’s employees or contractors. The Client is responsible for accessing and managing these accounts.
Platform Access and Use (Administrator Users)
5.2. Client Account. The Client must ensure that Administrator Users use the Platform only through their Client Account.
5.3. Unauthorized Use. You must notify us immediately in case of any actual or suspected unauthorized use of the Platform. WE RESERVE THE RIGHT TO SUSPEND, DEACTIVATE, OR DELETE ANY ACCOUNT IF IT IS BEING USED ILLEGALLY.
5.4. Privacy and Security. YOU are responsible for maintaining the privacy and security of your accounts, systems, and devices. We are not responsible for damages or losses resulting from failure to protect physical locations, systems, login information (including passwords), or remote access granted to third parties by you.
Usage Restrictions
5.5. YOU are responsible for the activities of your Users and Chat Participants on the Platform, ensuring compliance with third-party guidelines and policies (such as WhatsApp). This includes all activity and content sent through your account.
5.6. Ikatec™ reserves the right, without obligation, to remove or suspend accounts that violate the Terms of Use or contain illegal material. Such removal may occur by court order, government determination, or at our discretion. You will be notified at least 72 hours in advance, except when otherwise determined by a government authority.
5.6.1. Additionally, YOU agree not to perform the following actions:
Send, upload, collect, transmit, store, use, disclose, or process data containing viruses or malicious software;
Share false, misleading information or impersonate another person;
Publish intimidating, offensive, abusive, obscene content, or content that promotes violence, racism, discrimination, or physical harm;
Share content harmful to minors;
Violate third-party intellectual property rights;
Interfere with servers or networks connected to Digisac®;
Attempt to access the Platform in an unauthorized manner;
Use reverse engineering practices, disassembly, or attempt to copy parts of Digisac® software;
Create competing products or services using Digisac®;
Use Digisac® in a way not permitted by this contract.
Equipment and Online Maintenance
5.7. You commit to keeping your computers and mobile devices online and operational at all times and maintaining an adequate internet and network connection for your usage needs. If you have questions, contact us.
WhatsApp Usage Policy
5.8. WhatsApp Terms and Conditions. YOU declare adherence to WhatsApp’s established terms and conditions. WhatsApp may update its Business Policy without prior notice. By continuing to use WhatsApp’s products or services, YOU consent to the changes. WhatsApp policies can be accessed at https://www.whatsapp.com/legal/business-policy/.
5.9. WhatsApp Commerce Policy. You must not violate WhatsApp’s Commerce Policy. It can be found at https://www.whatsapp.com/legal/commerce-policy/.
5.10. WhatsApp Message Limits. WhatsApp may impose limits on the number of messages businesses can send per day. YOU must be aware of these limits. WhatsApp’s policies can be found at https://developers.facebook.com/docs/whatsapp/api/rate-limits.
5.11. Approval of WhatsApp Message Templates. WhatsApp has the discretion to review, approve, or reject Message Templates at any time (as defined in WhatsApp’s policies and documentation).
5.12. The Client is notified that WHATSAPP DOES NOT PROVIDE A WAY TO BE NOTIFIED when a user blocks their sender or to retrieve a list of users who have blocked them.
Suspension and Ban
5.13. Suspension and Ban. Violating WhatsApp’s policies may result in the suspension of your number. WhatsApp/META has the discretion to limit or remove YOUR access to products if YOU receive excessive negative feedback, cause harm to users, cause harm to WhatsApp itself, or violate or encourage others to violate WhatsApp’s terms or policies. If YOUR account is terminated or suspended due to these violations, WhatsApp may prohibit YOU or your organization from using their products again.
5.14. YOU acknowledge that, in cases of number banning or inactivity, costs associated with these numbers may be charged according to WhatsApp’s or the Broker’s policies. If you have questions, consult our representatives or Clause 7 of these terms of use.
5.15. Ikatec™ has no responsibility for cases of Suspension and Ban. Any additional charges or costs resulting from WhatsApp’s actions will be borne exclusively by YOU.
Service Activation and Client Responsibility
5.16. The activation of the Waba account is subject to approval of the connection by WhatsApp. If approval is not obtained and results in a direct ban of the number, Ikatec™ does not guarantee service continuity, as the ban is a WhatsApp decision. If you have questions, consult our representatives.
5.17. Managing the Number via WhatsApp. Once registered on the Digisac® Platform, if YOU subscribe to a WhatsApp Business API, YOU will not be able to use the WhatsApp number in the WhatsApp Business application or the WhatsApp mobile application. The Client owns the phone number, but it will be managed directly by WhatsApp.
6. SUPPORT
6.1. YOU will have access to technical support from Monday to Friday:
(i) Via email: [email protected]; (ii) Via phone: +55 14 3103 7800; (iii) From Monday to Friday (except holidays) from 08:00 AM to 06:00 PM.
6.2. The response time is, on average, 120 (one hundred and twenty) minutes from the opening of the support request. In cases of force majeure or unforeseen circumstances, this time may be exceeded, and we will notify the Client with an estimated response time.
Maintenance
6.3. The Platform maintenance service aims to provide updated versions of the Digisac® Platform, fix identified issues, and implement general adjustments as required by technological advancements.
SLA – Service Level Agreement
6.4. For WABA connections, we commit to maintaining Platform availability at no less than 98.5% of daily hours, and 92.5% for other connections, except in cases of inconsistencies in third-party services such as WhatsApp or in situations of force majeure.
6.5. The calculation of service unavailability does not include periods when WhatsApp, Meta, Facebook, as well as Brokers (360dialog, Positus, and Gupshup) or Cloud providers (such as AWS, Digital Ocean, Oracle, CloudFlare, and Contabo) experience downtime or instabilities in their platforms.
6.6. If intermittent issues occur in the Digisac® platform, we commit to making every effort to resolve the problem. During this period, we will notify the Client of the issue and provide the necessary technical support.
7. FEES AND PAYMENTS
7.1. Payments must be made in Brazilian Real (BRL).
7.2. Each plan offered has a specific cost. The details of each plan will be outlined in the Commercial Proposal sent to your registered email or via Web Chat.
7.3. The Client is responsible for payment for using the Digisac® platform. The applicable amounts will be detailed in the Commercial Proposal according to the plan selected with our representatives or contracted directly through the website www.digisac.com.br for the chosen period.
7.4. Charges will be applied as per the Commercial Proposal, through credit card, cash, or bank slip, with a 10-day advance due date.
7.5. Subscription fees are charged in advance, while usage fees are charged monthly after usage. Payments are non-refundable.
7.6. YOU must observe the due date to avoid penalties, fines, and other consequences of non-payment.
Fee Adjustments
7.7. We may change our fees, providing a 30-day prior notice via email. For monthly subscription renewals, the updated or proposed fee will be automatically applied. For annual subscriptions, the fee will be adjusted on the contract anniversary date, and if no other price or fee changes apply, it will be updated according to the IPCA (National Consumer Price Index), if positive.
Billing Inquiries
7.8. If YOU have any questions about a charged amount, contact our representatives.
Taxation and Compliance
7.9. This contract does not create joint liability, partnership, or employment relationships between the Parties. The Parties will be responsible for their respective tax obligations as established by law. Each Party commits to fully complying with labor and social security laws applicable to its employees and business.
Non-Use or Underuse of the Platform
7.10. Non-use or underuse of the Digisac® Platform does not suspend or reduce the amount due and does not entitle the Client to refunds.
Plans and Data Flow
7.11. The base plan includes basic servers for a low-volume flow of messages, videos, sounds, and images. If YOU need to process a large amount of data, you must select an appropriate plan or upgrade your current plan.
Data Volume and Performance Issues
7.12. If we determine that your current plan does not support the volume of data being sent or received in your account, we will notify you of the need to upgrade. Any additional costs will be communicated in advance. If you choose to accept the proposed updates, they will be implemented, which may result in an increase in your monthly fee. If you have questions, contact our representatives.
Plan Changes
7.13. To change your plan, perform upgrades, downgrades, or update servers, you may do so directly via the Platform by accessing your administrator account or requesting support from our representatives. Modifications may result in an increase in your monthly fee. Any additional costs will be communicated in advance. If you have questions, contact our representatives.
Multiple Plan Subscriptions
7.14. If you wish to subscribe to more than one plan, the existing plans will remain active, and each must be paid separately.
7.15. Requesting Cancellation. To cancel a contract, you must request the cancellation at least 30 (thirty) days in advance. If there are outstanding payments on your current plan, they must be settled before subscribing to a new plan.
7.16. If YOU are acquiring an official WhatsApp Business API (WABA) plan, regardless of whether you already have an active contract or not, it is important to know that WhatsApp will charge the monthly fee EVEN DURING THE OFFICIAL ACCOUNT ACTIVATION PROCESS. This charge will occur even if YOU do not access the platform. We emphasize that we have no control over this charge, as we cannot modify WhatsApp’s billing policies.
7.17. During the account setup and official account approval process, WhatsApp, Meta, Facebook, or the Broker chosen by YOU may charge fees. These amounts are exclusively set by those companies and are your responsibility.
Access to Digisac® Platform While Awaiting Approval of an Official WhatsApp API
7.18. If you wish to use the Digisac® Platform while awaiting approval of an official WhatsApp API, you must consult our support team to assess the feasibility of contracting, considering details such as plans, payment methods, terms, and fees.
No Refunds or Credits
7.19. No refunds or credits will be granted for partial service periods, upgrades or downgrades, or for unused or underused months, even if the account remains inactive. In order to treat all clients fairly, no exceptions will be made to this policy.
7.20. The payment obligations set forth in this agreement are not subject to any right of offset or withholding.
Monthly Fees: Default, Charges, and Penalties
7.21. In case of a delay of more than 5 (five) days in payment, we reserve the right to PARTIALLY OR FULLY SUSPEND DIGISAC® SERVICES, including access to the Platform, until payment is settled.
7.22. In the event of late payment of the Digisac® Platform monthly fee, a late fee of 2% (two percent), INTEREST of 1% (one percent) per month, calculated pro rata die, and MONETARY CORRECTION according to the IPCA index will apply.
Account Deletion Due to Default
7.23. You are hereby informed that IF THE DELAY PERSISTS FOR MORE THAN 30 (THIRTY) DAYS, THE AGREEMENT WILL BE AUTOMATICALLY TERMINATED, AND YOUR ACCOUNT WILL BE DELETED.
7.24. The deletion of your Account will result in the loss of access to it and the irreversible loss of all associated content. Deleted data cannot be recovered after account termination or deletion.
Templates and Fees Established by WhatsApp and Taxation
7.25. The fee amounts are established by WhatsApp. Message sending must follow the Template categories defined by WhatsApp (CBPs). These fees will be charged according to WhatsApp’s pricing table, available at the following links: https://developers.facebook.com/docs/whatsapp/pricing and https://developers.facebook.com/docs/whatsapp/updates-to-pricing. Depending on the contracting method, taxes may apply. If you have any questions, please contact our support team.
Ikatec™ as an Intermediary
7.26. If YOU choose Ikatec™ as the intermediary between you and the partner Broker (WhatsApp 360dialog GmbH – [https://www.360dialog.com], Positus – [https://positus.com.br], or Gupshup – [https://www.gupshup.io/pt]), we will charge YOU the corresponding fees for messages sent, according to the values established by WhatsApp or the Broker, plus applicable fees and taxes.
Direct Contracting with Broker or WhatsApp API
7.27. If you choose to contract directly with the Broker or with WhatsApp API, they will be responsible for sending and charging the fees for messages sent (CBPs). These amounts will be charged directly by the Broker or WhatsApp and must be paid directly to them.
Variable Costs of the Message Template Model
7.28. You acknowledge that YOU ARE RESPONSIBLE FOR THE VARIABLE COSTS OF THE MESSAGE TEMPLATE MODEL (CBPs), which are defined and billed directly by META or the chosen Broker.
7.29. According to WhatsApp’s policy, if your customer initiates a conversation, it will be charged by WhatsApp and may continue for up to 24 hours (Customer Service Window). After this period, messages can only be sent through META-approved message templates (CBPs), subject to applicable fees.
Third-Party Messaging Platform Fees
7.30. Digisac® fees and charges do not include charges imposed by third-party messaging platforms (such as Google, Telegram, Microsoft 365, Instagram, Twitter [now X]) for access to or use of specific channels. If such charges apply, they will be your responsibility, either by paying directly to the third-party messaging platforms or through reselling carried out by us.
7.31. If a third-party messaging platform requires special requirements beyond API integrations, such as exclusive hosting terminals, the corresponding charges will be the responsibility of the Client, where applicable. The Client may accept or decline these charges, and in the event of rejection, may not use the associated channel.
WhatsApp Green Checkmark
7.32. The integration fee for the Green Checkmark, which verifies the Client as an authentic brand and account owner on WhatsApp, is non-refundable. WhatsApp has full discretion to grant this mark (link https://developers.facebook.com/docs/whatsapp/guides/display-name/).
8. LIMITATION OF LIABILITY
8.1. Under no circumstances shall Ikatec™’s total liability arising out of this agreement exceed the amounts paid by the Client in the 12 months immediately preceding the event that gave rise to the claim, or exceed R$10,000.00 (ten thousand Brazilian reais), regardless of the license granted. The existence of one or more claims under this agreement shall not increase this maximum liability limit.
8.2. To the maximum extent permitted by law, Ikatec™ shall not be liable for any:
(I) Indirect, incidental, or consequential damages;
(II) Economic loss;
(III) Business interruption;
(IV) Costs related to the acquisition of substitute products or services by the Client;
(V) Cybercrimes committed by third parties.
9. TERMS AND TERMINATION
9.1. Ikatec™ makes no warranties regarding:
(i) the Client’s ability to use the Service,
(ii) the Client’s satisfaction with the Service,
(iii) the Service being available at all times, uninterrupted (except as specified in the SLA defined in these Terms of Use and according to the subscribed plan),
(iv) that errors or failures in the Service will be corrected in the event new technologies emerge to replace the current ones. IF YOU ARE NO LONGER SATISFIED WITH THE SERVICE, YOU MAY TERMINATE THE CONTRACT, as outlined in these Terms of Use.
Term
9.2. This Agreement shall enter into force on the date of its execution and shall remain in effect until it is terminated in accordance with these Terms of Use.
Termination for Convenience
9.3. Either Party may choose to terminate this Agreement by providing written notice at least 30 (thirty) days in advance. Unless this Agreement and the subscription are terminated, it will automatically renew for a period equivalent to the expiring term. It is the responsibility of both parties to keep their contact information updated under penalty of material breach of contract.
9.4. The Client is responsible for properly canceling their account. Termination will only occur UPON EMAIL REQUEST for account cancellation. Any account termination WILL RESULT IN THE DEACTIVATION OR DELETION OF THE ACCOUNT, AS WELL AS THE LOSS OF ALL ITS CONTENT.
Other Termination Grounds
9.5. This Agreement will be automatically terminated if either party: a) files for bankruptcy, b) requests judicial recovery, c) has its insolvency petitioned in any form, or d) materially breaches the obligations set forth in this Agreement.
10. DATA POLICIES AND PROTECTION
10.1. YOU acknowledge being aware of our policies: Terms of Use, Privacy Policy, Code of Ethics, Anti-Corruption Policy, Data Protection Policy; and declare to comply with them, being able to access them at any time.
10.2. Digisac® temporarily retains certain data for essential practical reasons to fulfill the contract and legal obligations, including issuing invoices, payment slips, service notifications, valid digital signature verification, contract creation, system URLs, and users.
Sharing with Third Parties
10.3. User data is not shared by Ikatec™.
10.4. If the administrator user (You) shares data with third parties, you are responsible for informing the data subjects, ensuring compliance with LGPD (General Data Protection Law), and assuming responsibility for any security incidents after transmission. We are only responsible for our platform.
10.5. The Parties must comply with the rules of channels such as WhatsApp, Telegram, etc., especially regarding automated messages and the collection of third-party data.
10.6. Ikatec™ does not share confidential data, unless required by a court order.
Confidentiality
10.7. The Client is responsible for creating and securing their passwords, usernames, and the security of their access to their equipment.
Compliance with Laws
10.8. The Parties must comply with the applicable Data Protection regulations and shall not intentionally cause violations of these regulations against the other Party.
Limitations on Data Use
10.9. The Parties may only process Personal Data for specific purposes, unless otherwise provided by law. If an instruction violates Data Protection legislation, the responsible Party must be immediately informed.
Confidentiality
10.10. The Parties must maintain the confidentiality of Personal Data and require the same from all employees. Access to or disclosure of Personal Data will only be permitted when strictly necessary to fulfill the contract or by order of a government authority.
Best Practices
10.11. The Parties must adopt best security practices to prevent unauthorized access, as well as avoid accidental or unlawful situations of destruction, loss, alteration, or improper disclosure of data, implementing appropriate technical and organizational measures to protect Personal Data.
10.11.1. It is publicly known and accepted worldwide that, despite efforts to maintain the security of IT systems, no system is infallible or immune to potential cyber threats. Both parties agree to act in good faith and maintain transparent communication regarding any security incidents that may affect data integrity or system performance, complying with the regulations issued by the National Data Protection Authority (ANPD).
10.11.2. The Parties shall not be held responsible for events resulting from cybercrimes, provided that both have taken reasonable measures to prevent such incidents. In the event of such occurrences, the parties agree to cooperate in the investigation and mitigation of impacts, seeking resolution in an ethical and effective manner.
Support
10.12. Controller (YOU) and Processor (Us) must provide mutual support in Data Processing, including regarding data subject requests, data breach notifications, data protection impact assessments, among others.
Notification of Requests or Complaints
10.13. The Parties must notify the Data Controller about requests or communications from authorities related to the processed Personal Data, within a timely manner and without undue delays or beyond the deadlines provided by law.
Return or Deletion
10.14. Access Control and Audit. The licensed system contains access control and log generation mechanisms for auditing, ensuring the traceability of actions performed on the platform. These technical and security measures allow for usage control of the platform and detailed identification of activities carried out, in compliance with the applicable data protection and privacy regulations.
10.4.1. The logs will be used exclusively for audit and security purposes, with access restricted to the Contractor’s authorized personnel, except when formally requested by the Contracting Party or competent authorities for security incident investigations.
10.4.2. Unless prohibited by law, YOU may request the deletion of existing data in the Platform system. This deletion is subject to exceptions provided by applicable legislation, such as the need to comply with legal or regulatory obligations. This does not refer to access control and log data.
10.4.3. After deletion, the data will no longer be recoverable.
Security Incident
10.15. The Party must notify the Data Controller of any security incident involving personal data, in accordance with ANPD regulations and applicable legislation. Additionally, the Party must immediately implement the necessary measures to mitigate the impacts of the incident.
Notification of Data Breaches
10.16. Upon becoming aware of a breach involving personal data they process, the Parties shall perform the following actions:
- Identify which specific data was affected by the breach so that appropriate measures can be taken.
- Inform themselves about the damage minimization measures that were or will be taken by the organization responsible for the leaked data.
- Identify and take the necessary measures that you, as the data processing agent, must take in accordance with ANPD (National Data Protection Authority) and LGPD (General Data Protection Law) guidelines or by the organization responsible for the data.
- Record the dates regarding the potential breach and stay updated on any communications or news related to the incident.
- Immediately change the exposed passwords to ensure the security of the affected accounts.
- Keep your equipment properly secured.
- Use appropriate security mechanisms to protect your devices against cyber threats.
- Monitor the activities on your equipment, especially the list of running programs, and act promptly in case of any processes or activities considered unusual or suspicious.
In such cases, all communications to Ikatec™ must be made to the following email address: [email protected].
11. BACKUP
11.1. You are responsible for regularly backing up your data, if applicable. We do not provide backup services by default. If you require this service for active contracts, please contact our customer support at least 30 days before the contract’s termination to request the backup. This is an additional service and may involve extra costs. This service will not be available for delinquent or already terminated contracts.
GENERAL TERMS, JURISDICTION, AND SIGNATURE
12.1. Electronic Signature. The Parties agree that this agreement may be signed electronically. Signatures made through the platforms ‘Clicksign’ (www.clicksign.com.br) or ‘DocuSign’ (www.docusign.com.br) are considered valid, in accordance with Article 10, §2 of MP 2200-2/2001, provided they are sent to email addresses with the company’s domain.
12.2. Confidentiality. All data and information exchanged between the parties or provided by one to the other will be considered confidential unless they are in the public domain or have been lawfully obtained by other means. This information shall remain confidential for a period of 5 years from the termination of the contract. Breach of this confidentiality obligation will result in the infringing party being liable to compensate the other party for the direct damages caused, subject to the limits set forth in this agreement.
12.3. Appendix, Client Information, and Commercial Proposal. All information regarding the client, pricing, plans, terms, fees, and contact details will be found in Appendix I (Commercial Proposal), which is an integral and inseparable part of this agreement.
12.4. Jurisdiction. Any disputes regarding this contract shall be submitted to the Court of the District of Bauru, State of São Paulo, Brazil, regardless of any other more privileged jurisdiction.
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