Terms of Use

Software Service and Licensing Agreement – Digisac Platform

V. 6.5.

Ikatec™ (trade name of Ikatec Engenharia de Software Ltda, CNPJ No. 18.716.151/0001-06) is the owner of the Digisac® Platform, Software as a Service (SaaS). The service allows YOU to send messages through several channels, including Telegram, SMS, Email, WhatsApp, Meta, Instagram, Google Chat-My Business, Facebook, Messenger, Reclame Aqui, and Web Chat.

By registering for a Digisac® account, YOU acknowledge that you understand these Terms of Use and sign the Agreement as the “Client”. Make sure you have the necessary authorization to enter into this Agreement on behalf of the company before proceeding. If you have any questions, please contact us.

If the Client violates any of the terms or policies of Ikatec™ (available at this LINK), Ikatec™ reserves the right to terminate the agreement, suspend accounts, or prohibit access to accounts, with prior notice of 72 hours. This agreement proves the provision of the services.

The place of payment is defined as the city of Bauru, State of São Paulo, Brazil.

The laws applicable to this agreement are the laws of Brazil.

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 these Terms of Use, they must immediately discontinue any and all use of the Digisac® platform.

1.1. The object of this contract is the provision to the Client of a license to use and access the Digisac® Platform for multichannel management with a multi-user support structure. The contract also covers the necessary technical support. These services are conditional upon the Client's acceptance and compliance with the terms of use and this Contract.

1.2. We will make the Platform available according to the following terms and conditions:

a) Declaration of Conformity: By using the Digisac® Platform, YOU declare that you have read, accepted, and are in compliance with all our policies and terms of use, as well as policies related to third-party messaging platforms and integrated business applications.

b) Interoperability: YOU declare that you have taken all necessary measures to enable interoperability between the Digisac® Platform and third-party messaging platforms, as well as integrated business applications.

c) WhatsApp Charges: YOU understand that messages, conversations, message categories, approved message templates/models, and functionalities related to the WhatsApp Business Platform, Cloud API, MM API/MM Lite, or other Meta/WhatsApp features may be subject to charges defined by Meta/WhatsApp and/or the applicable Broker.

d) Implementation Charges: YOU are aware that you will be responsible for paying the fees for creating and connecting the official WhatsApp account charged by Meta. These fees are non-refundable. Ikatec™ is not and will not be responsible for the payment or refund of such fees if the account is not approved by Meta (WhatsApp).

2.1. In the event of changes in the policies of third-party platforms, subsequent legislative, regulatory, or economic changes that make the provision of the service unfeasible or excessively burdensome, Ikatec™ may, as appropriate, modify, suspend, or discontinue the Service, as well as revise the applicable prices, subject to the provisions of clause [clause number missing in original text].

2.2. Whenever reasonably possible, Ikatec will notify its clients in advance, preferably with a minimum of 30 (thirty) days' notice.

2.2. Ikatec™ may change prices, including due to cost changes, regulatory, technological, or commercial changes related to third-party platforms, by giving at least 30 (thirty) days' notice, via email and/or through the Platform, unless another form of price adjustment is provided for in the Commercial Proposal.

2.3. Ikatec™ may update these Terms of Use for legal, regulatory, operational reasons, or to improve the service, including due to the launch of new features. Changes will be clearly disclosed through Ikatec's official channels and, when they imply a material change in the user's rights or obligations, will be communicated with reasonable advance notice. Continued use of the service after the changes take effect will be interpreted as agreement with the updated Terms.

3.1. All payments due to Ikatec™ under this Contract must be made or converted into Brazilian Real (BRL).

3.2. The Client will be responsible for payment.

3.3. Each Plan has a specific value. The characteristics of each plan will be detailed in the Commercial Proposal.

3.4. Except for the Annual Prepaid Plan, subscription fees will be paid monthly.

3.5. Payment may be made by credit card, cash, or bank slip.

3.6. The invoice will be issued in the Client's name and will be sent 10 days prior to the due date.

3.7. Fees charged directly by Meta, whether for the account activation process or for sending messages, may be charged in advance or at the end of the procedure, at Meta's discretion.

3.8. In the event of early release of the Digisac® Platform before the completion of the Meta/WhatsApp activation process, the monthly fee will be charged in advance for the Platform's release.

3.9. Values, fees, or charges related to sending messages, message categories, approved templates, use of the WhatsApp Business Platform/Cloud API, eventual use of the MM API/MM Lite, or Broker charges may be charged in the following month or through advance billing, according to the criteria of Meta/WhatsApp, the applicable Broker, and the Commercial Proposal.

3.10. The billing method may differ according to the Contracted Plan and will be specified in the Commercial Proposal.

3.11. Payments are non-refundable.

4.1. In case of a delay exceeding 5 (five) days in payment, we reserve the right to PARTIALLY OR FULLY SUSPEND Digisac® SERVICES, including access to the Platform, until the amount is paid. The detailed amounts of your monthly fee are in the Commercial Proposal.

4.2. In case of delay in payment of the monthly fee, there will be a late payment FINE of 2% (two percent), INTEREST of 1% (one percent) per month, calculated pro rata die, and monetary CORRECTION by the IPCA.

4.3. YOU declare that you are aware that payment must be made by the respective due date, under penalty of late payment charges, fines and other penalties provided for in this Contract, due to default. Account Cancellation Due to Default.

4.4. You are hereby notified that IF THE DELAY PERSISTS FOR MORE THAN 30 (THIRTY) DAYS, THE CONTRACT WILL BE AUTOMATICALLY TERMINATED, AND YOUR ACCOUNT WILL BE CLOSED.

5.1. Non-use or underutilization of the Digisac® Platform does not suspend or reduce the amount due, does not entitle the user to a refund, nor does it grant the right to credits.

6.1. During the term of this agreement, the Client grants Ikatec™ a non-exclusive, non-transferable, non-sublicensable, royalty-free license to use ITS logo for advertising and promotional purposes. This authorization is subject to the Client's trademark usage guidelines. The Client may request the termination of use at any time.

7.1. We expressly reserve all intellectual and immaterial property rights, titles and interests, including related rights, in the Digisac® Platform and any other materials or content provided by Ikatec™, including any and all modifications to the Platform.

7.2. Digisac® is the property of Ikatec™. The Client may not copy, modify, reproduce, distribute, reverse engineer, decompile or disassemble the software without written permission. YOU also agree not to resell, duplicate or exploit the Digisac® Platform, which is temporarily licensed for use.

7.3. Violation of Ikatec™'s intellectual, industrial and related property rights will result in, in addition to the immediate termination of the contract, legal penalties.

7.1. We expressly reserve all intellectual and immaterial property rights, titles and interests, including related rights, in the Digisac® Platform and any other materials or content provided by Ikatec™, including any and all modifications to the Platform.

7.2. Digisac® is owned by Ikatec™. The Client may not copy, modify, reproduce, distribute, reverse engineer, decompile or disassemble the software without written permission. YOU also agree not to resell, duplicate or exploit the Digisac® Platform, which is temporarily licensed for use.

7.3. Violation of Ikatec™'s intellectual, industrial and related property rights will result in, in addition to the immediate termination of the contract, legal penalties.

7.4. Ikatec™ does not claim any intellectual, industrial or copyright property rights over the content transmitted through the Digisac® system provided by YOU, your clients or any user.

7.4. Ikatec™ does not claim any intellectual, industrial, or copyright property rights over the content transmitted through the Digisac® system provided by YOU, your clients, or any other user.

Administrator Accounts.

8.1. YOU may request one or more administrator accounts ("Management Accounts for your account") for the exclusive use of your employees, and it is your responsibility to maintain secure passwords and access.

Access and use of the Platform by the Administrator User.

8.2. YOU must ensure that your Administrator Users only use the Platform through your Client Account.

Unauthorized Use.

8.3. You must notify us without undue delay if you become aware of any unauthorized use of your account or the Platform. For security purposes, at the client's request, we may temporarily suspend access until the problem is resolved. Deactivation or permanent deletion of the account, in these cases, may occur at the client's request, provided it does not violate applicable law, court order, or state authority.

8.4. We are not responsible for damages caused by failure to protect your company's physical locations, systems, passwords, or remote access you grant to third parties on your computers or mobile phones. YOU are responsible for maintaining the privacy and security of your operating systems, equipment, and passwords.
Restrictions on Use.

8.5. YOU are fully responsible for the activities, content, and use related to your account by your Users and Chat Participants on the Platform, and must ensure compliance with applicable third-party rules (including WhatsApp/Meta).

Violation of Terms of Use.

8.6. Ikatec™ reserves the right, without obligation, to remove or suspend Accounts that violate our Terms of Use or contain illegal material. Removal may also occur by court order or government mandate. You will be notified at least 72 hours in advance, except when otherwise determined by a government authority.

Lawful and Acceptable Use.

8.7. Our Services must be accessed and used only for lawful purposes. Furthermore, YOU agree not to perform the following actions:

a) Send, upload, collect, transmit, store, use, disclose, or process data containing viruses or malicious software;

b) Share false or misleading information or impersonate another person;

c) Post intimidating, offensive, abusive, obscene content, or content that promotes violence, racism, discrimination, or physical harm;

d) Share content harmful to minors;

e) Violate the intellectual property rights of third parties;

f) Interfere with servers or networks connected to Digisac®;

g) Attempt to access the Platform in an unauthorized manner;

h) Use reverse engineering practices, disassembly, or attempt to copy parts of the Digisac® software;

i) Create competing products or services using Digisac®;

j) Use Digisac® in a manner not permitted by this agreement.

9.1. YOU agree to keep your computers and mobile phones always online and operational, and to have internet and network connections with adequate speed to meet your usage needs.

Suspension and Banning.

10.1. Ikatec™ does not promote account bans or suspensions.

10.1.1. Violation of WhatsApp policies may result in the suspension or banning of your phone number and your business account. WhatsApp/META has the discretion to limit or remove access to WhatsApp if YOU: a) receive excessive negative feedback, b) cause harm to users, c) cause harm to WhatsApp itself, or d) violate or encourage others to violate WhatsApp's terms or policies. If YOUR account is terminated or suspended for these reasons, WhatsApp may prohibit YOU or your organization from using its products again.

10.2. YOU acknowledge that, in cases of number banning or inactivity, costs associated with these numbers may be charged, according to WhatsApp or Broker policies.

10.3. Ikatec™ is not responsible for cases of suspension or banning. Any additional charges or costs arising from WhatsApp's actions will be borne exclusively by YOU.

10.4. YOU acknowledge and are aware of META'S POLICIES REGARDING CONNECTION AND ACCOUNT QUALITY.

11.1. Account activation is subject to WhatsApp/Meta's approval of the connection.

11.2. After registering the number(s) on the Digisac® Platform, the way the number is used with WhatsApp/Meta will depend on the chosen modality. In any modality, YOU remain the owner of the phone number, but acknowledge that the number, credentials, permissions, policies, limits, availability, and any restrictions/suspensions related to WhatsApp operation are managed and decided by WhatsApp/Meta and/or its Providers, outside the control of Ikatec™.

Duty to Keep the Number Active.

11.3. It is important that YOU keep your mobile phone number active. Loss of the number or inactivity of the number associated with the account will prevent the continuity of our service.

Number Reactivation.

11.4. When it is possible to reactivate the number, YOU must ensure the availability of the SIM card corresponding to the number that was associated with the Digisac® Platform.
Account Approval Procedure Time and Use of the Digisac® Platform.

11.5. The number or account approval procedure is subject to a period of up to 30 (thirty) days, which may be extended depending on the situation. The account approval time is defined exclusively by WhatsApp/Meta, and is not under the control of Ikatec™, which cannot change or accelerate it.

WhatsApp verification and integration terms.

11.6. WhatsApp requires assessments, such as Facebook Business Verification (https://www.facebook.com/business/help/2058515294227817?id=180505742745347) to ensure the quality of businesses using its products. We are ready to assist YOU with the registration and submission process. These requirements are mandatory to use the WhatsApp Business API and our Platform. WhatsApp reserves the right to approve the use of its products.

11.7. By using our Platform, YOU agree to provide the prerequisite documents required by WhatsApp and Facebook (META).

12.1. Meta/WhatsApp may change, revise, approve, reject, limit, or discontinue, at any time, message categories, message templates, functionalities, integrations, quality criteria, including WhatsApp Business Platform/Cloud API, WABA, COEX, and MM API/MM Lite.

Templates defined by WhatsApp.

12.2. Meta/WhatsApp may require message templates approved by it. Sending, using, or processing these templates may be subject to charges defined by Meta/WhatsApp and/or the applicable Broker.

12.3. YOU may use automation when responding to customer service, but you must have fast, clear, and direct escalation paths available for human agents.

13.1. You will have access to technical support from 8:00 AM to 10:00 PM, Monday to Friday, and from 8:00 AM to 6:00 PM on Saturdays, Brasília time — BRT (UTC−03:00):

a) by email [email protected];

b) by phone +55 14 3103 7800 or WhatsApp +55 14 3103-7800;

c) or web chat on the website www.digisac.com.br.

13.2. The response time is, on average, 120 (one hundred and twenty) minutes from the opening of the support ticket. In cases of unforeseen circumstances or force majeure, this time may be exceeded, in which case we will notify the Client providing an estimated time for service.

Maintenance.

13.3. The Platform maintenance service is to provide updated versions of the Digisac® Platform, corrections, and adjustments.

SLA – Service Level Agreement.

13.4. For WABA connections, we commit to making the Platform available at levels no lower than 98.5% of the daily SLA – Service Level Agreement – ​​hours; and 92.5% of the daily hours for other connections, except in cases of inconsistencies in third-party services such as WhatsApp, or in cases of unforeseen circumstances or force majeure.

13.5. Periods during which WhatsApp, Meta, Facebook, Brokers (360dialog, Positus, and Gupshup, among others), or Cloud providers (such as AWS, Digital Ocean, Oracle, CloudFlare, and Contabo) are unavailable or experiencing instability on their Platforms will not be considered for calculating service level downtime.

13.6. If intermittent issues occur on the Digisac® Platform, we are committed 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.

14.1. The basic plan includes basic servers for a low-volume data flow of messages, videos, sounds, documents, and images.

Plan Details.

14.2. All commercial details of the contracted plan will be specified in the Commercial Proposal.

14.3. If YOU contracted the Marketing Messages API for WhatsApp (“MM API”) service, formerly called Marketing Messages Lite API (“MM Lite”), specific aspects will be in an annex to your contract or in the Commercial Proposal.

14.4. If YOU contracted the service through the Coex mechanism, specific aspects will be in an annex to your contract or in the Commercial Proposal.

15.1. Ikatec™ may offer Plans with prepayment, according to the conditions stipulated in the Commercial Proposal/Contract Order. Payment may be made through the means provided by Ikatec™, including credit card, Pix, PayPal, Stripe, or other enabled methods. These Plans may include discounts or special commercial conditions due to prepayment and/or the commitment to remain for the contracted period.

15.2. If the prepayment of the Plan is not completed for any reason, including invalid, refused, or uncaptured card, Pix not cleared, payment intermediary failure, or any operational inconsistency, the contracting of this Plan will not be formalized, and Ikatec™ will be released from the obligation to activate or make available the respective Plan. If there has been provisional release or actual use of the Platform, Ikatec™ may charge the amounts corresponding to the period of use, according to the plan, current price list, or applicable commercial conditions.

15.3. The monthly payment methods (including annual plans with monthly billing) and/or for an indefinite period remain in effect, according to the general rules of this Contract/Terms of Use and applicable commercial conditions.

15.4. At its commercial discretion, YOU may cancel the contracted Plan with prepayment within 7 (seven) calendar days from the confirmation of the contract. In this case, Ikatec™ will reimburse the amount actually paid, within 10 (ten) business days, by transfer to a bank account held by the Client, subject to the deduction of bank fees, payment processing fees, amounts proportional to the period of use of the Platform, messages sent, credits consumed, messaging costs, integrations, third-party fees and other amounts actually incurred or consumed due to the use of the Platform up to the date of cancellation.

15.4.1. The provision in clause 15.4 constitutes an express and exclusive exception to the general rules of non-refundability, applicable only within the term and conditions established therein.

15.4.2. After a period of 7 (seven) calendar days, the Plan contracted with advance payment becomes irrevocable with regard to the return of amounts. Any cancellation requested by the CLIENT will be understood as non-renewal at the end of the contracted period, without refund, reversal, proportional credit, compensation or restitution, under any circumstances. 15.5. Unless expressly requested by the CLIENT for immediate termination or in the event of suspension/termination as provided for in these Terms, the Platform will remain available until the end of the period already paid for. Early termination, with deactivation or deletion of the account before the end of the contracted period, will not generate a right to a refund, subject to the rules applicable to the retention, export and deletion of data.

15.6. Renewal of a Plan contracted with prepayment will depend on a new contract, new payment and/or active confirmation by the CLIENT, according to Ikatec™'s commercial availability and conditions in effect at the time of renewal, unless there is an express provision for automatic renewal in the Commercial Proposal/Contract Order.

15.7. During the term of a Plan contracted with prepayment, downgrades are prohibited. The CLIENT may contract upgrades and/or add-ons, paying the differences and corresponding amounts according to the current price list and commercial conditions, without automatic extension of the term, unless expressly indicated.

16.1. Each plan has a specific data allowance. If we notice that YOUR current plan does not support the amount of data being sent or received in your account, we will notify you of the need to make upgrades.

16.2. If you choose to accept the proposed upgrades, they will be implemented, which may result in an increase in your monthly fee. Any additional costs will be communicated in advance for the client's acceptance or rejection. If the client does not accept, the plan will not be changed.

16.3. If YOU need to use a large amount of data, you should choose a suitable plan or upgrade YOUR plan.

16.4. To change your plan, perform upgrades, downgrades, or update servers, you can do so directly through the Platform by accessing your administrator account, or request support from our agents. Modifications may result in an increase in your monthly fee. Any additional costs will be informed in advance.

16.5. Downgrades are not available on the Annual Prepaid Plan.

17.1. If you wish to contract more than one plan, THE PLANS ALREADY CONTRACTED WILL REMAIN ACTIVE, and the monthly fees for each of these plans will be charged and must be paid normally.

17.2. To cancel one of these active contracts/plans, YOU must also formally request cancellation 30 (thirty) days in advance.

17.3. If there is an outstanding amount on any plan, it will be necessary to settle the debt before contracting a new plan.

17.3.1. If the debt remains outstanding, all your accounts may be suspended under the terms of this contract, without prejudice to other penalties provided for.

18.1. When enabling or using features related to WhatsApp Business, including WABA — WhatsApp Business Account, WhatsApp Business Platform/Cloud API, COEX, MM API/MM Lite, message templates, Brokers/BSPs, or other third-party features, charges may apply per message, template, category, monthly fee, intermediation, activation, or other charges defined by Meta/WhatsApp and/or applicable providers, including during activation or approval processes, regardless of access to or actual use of the Digisac® Platform.

18.2. Charges related to WhatsApp/Meta may occur in one of the following ways, according to the contract chosen by YOU:
a) Intermediation by Ikatec™: when applicable, Ikatec™ may invoice and transfer to YOU ​​the amounts due to third parties (Meta/Broker), plus taxes and any operational charges foreseen in the commercial proposal; or
b) Direct contracting: if YOU contract directly with the Broker and/or with WhatsApp/Meta, such amounts will be charged and paid directly to them, without intermediation by Ikatec™.

18.3. YOU acknowledge that WhatsApp costs may vary, according to pricing rules and policies defined by Meta/BSP, which may be changed at any time. Ikatec™ is not responsible for price variations, category changes, billing criteria, or applicable taxes defined by third parties.

18.4. The price charged for the Digisac® Platform license does not include any charges from third-party platforms used as channels (e.g., Telegram, Google, Microsoft, Instagram, X, and others), including access costs, licenses, messages, accounts, hosting, or additional requirements. If such charges exist, they will be YOUR responsibility, either through direct payment to the third party or through transfer when Ikatec™ acts as an intermediary.

18.5. If a particular channel requires special technical conditions beyond the standard integration (for example, exclusive hosting terminals), the corresponding costs may be presented to YOU, who may accept them or, if you refuse them, not use the associated channel.

18.6. Unless expressly stated otherwise in this Agreement, there will be no refunds or credits for partial periods, unused/underutilized days or months, inactivity, or plan changes (upgrade/downgrade). Your payment obligations are not subject to unilateral compensation, retention, or discount.

19.1. The Green Checkmark integration fee, which verifies the Client as an authentic brand and owner of the WhatsApp account, is non-refundable. WhatsApp sets the rules for granting this mark.

20.1. This contract does not create joint liability, partnership, or employment relationship between the Parties. The Parties shall be responsible for tax charges and obligations as established by law. The Parties undertake to fully comply with labor and social security laws and other applicable laws concerning their respective employees and businesses.

21.1. To the maximum extent permitted by applicable law, Ikatec™'s total liability arising from this Agreement, for any reason whatsoever (contractual, extra-contractual, strict liability, fault or other theory), is limited to the lesser of: (i) the total amount actually paid by the Client to Ikatec™ in the 12 (twelve) months immediately preceding the event giving rise to the claim; and (ii) R$ 10,000.00 (ten thousand reais). This limit is global and does not multiply by the number of licenses, users, accounts, channels, integrations, events or claims.

21.2. To the maximum extent permitted by law, Ikatec™ shall not be liable for indirect damages, including lost profits, lost revenue, lost opportunity and business interruption.

21.3. Ikatec™ will not be liable for unavailability, failures, or losses that directly result from events beyond its control, such as acts of third parties, cybercrimes, operator failures, internet connection failures, failures of the Contractor's infrastructure, or third-party platforms, including WhatsApp/Meta, provided that such events do not result from any action or omission attributable to Ikatec™ itself. In such cases, Ikatec™ will take reasonable measures to mitigate the impacts and restore the Service, when applicable, with the Parties remaining responsible for the obligations expressly assumed in this Contract.

22.1. The Digisac® Platform is provided “as is” and “as available”. To the maximum extent permitted by law, Ikatec™ makes no warranties, express or implied, regarding: (i) the suitability of the Service for the client's specific needs; (ii) results, performance, or compatibility with third-party environments; and (iii) uninterrupted availability of the Service, except for the service level agreements (SLAs) expressly provided for in this contract. Error and failure correction due to technological evolution will occur according to Ikatec™'s technical and prioritization criteria. If the CLIENT does not wish to continue using the Service, they may terminate the Contract in accordance with the rules of this Contract/Terms of Use.

DURATION.

22.2. Unless otherwise stipulated in the Commercial Proposal, this Contract shall enter into force on the date of its signature and shall remain in force until terminated in accordance with this contract/Terms of Use.

TERMINATION.

22.3. Either Party may choose to terminate the Contract by giving 30 (thirty) days' written notice. Unless terminated, this Contract shall be automatically renewed for a period equivalent to the expiring term.

22.4. The Parties undertake to keep their physical and electronic addresses (including email) updated for communication purposes. Failure to update such data constitutes a relevant breach of contract and authorizes the presumption of receipt of communications, summonses and judicial or extrajudicial notifications sent to the last addresses provided by the defaulting Party.

22.5. The client is responsible for correctly canceling their account. The termination will occur, in any case of termination initiated by the Client, UPON REQUEST BY EMAIL informing the desire to cancel the account. Any account termination WILL RESULT IN THE DEACTIVATION OR DELETION OF THE ACCOUNT, AS WELL AS THE LOSS OF ALL ITS CONTENT.
Cancellation of the Contract During the Approval Period and Billing for the Use of the Digisac® Platform.

22.6. If the Digisac® Platform was made available for provisional use and if YOU request cancellation of the contract during or after the account approval period by Meta/WhatsApp, Ikatec™ may charge the amounts due for the provisional use of the Platform from the date of signing the Contract.

Other Reasons for Termination.

22.7. This contract will be automatically terminated if either party a) enters bankruptcy proceedings, b) files for judicial reorganization, c) has its insolvency requested in any way, or d) substantially breaches the obligations established in this contract.

23.1. It is the Client's responsibility to back up their account.

23.2. We do not provide the backup service by default. The backup service is an additional service and may involve costs. If you need this service, please contact our customer service department at least 30 days before the end of your contract.

23.3. This service is not available for contracts in arrears.

23.4. This service is not available for contracts already terminated for any reason, nor for accounts whose data has been deleted at the client's request or by court order.

24.1. Regardless of the reason for termination of the Contract — including cancellation, rescission, expiration, default, permanent suspension, request for deletion, or deletion of the Account for any reason — the Account will be deactivated/deleted, with loss of access to the Platform and irreversible loss of all associated content, data, and records. Once deleted, such data cannot be recovered. Irreversibility applies even to messages, media, contacts, settings, integrations, and logs, except for what Ikatec™ is required to retain by law or order of a competent authority.

25.1. Electronic Signature. The Parties agree that this agreement may be signed electronically. Signatures made through the "Clicksign" (www.clicksign.com.br) or "DocuSign" (www.docusign.com.br) platforms are considered valid, according to Article 10, §2, of Provisional Measure 2200-2/2001, provided they are sent to email addresses with the company's domain. If the parties sign electronically, they waive the need for witness signatures, giving this contract the effect of an enforceable instrument under Article 784, §4, of Law No. 13.105 of March 16, 2015 (Code of Civil Procedure).

25.2. 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 will remain confidential for a period of 5 years from the termination of the contract. Violation of this confidentiality obligation will entail the infringing party's duty to indemnify the injured party for the damages directly caused, observing the limits provided for in this agreement.

25.3. Annexes, Contractor Data and Commercial Proposal. All information about the contractor, prices, plans, deadlines, fees, users, connections, servers and means of contact between the parties will be in the Annex (Commercial Proposal), which is an integral and inseparable part of this agreement. All other annexes mentioned are part of the contract.

25.4. Remediation of violations. It is established that, should the Client violate any term or policy of Ikatec™ and fail to remedy the violation within a reasonable timeframe, Ikatec™ reserves the right to terminate the contract, suspend accounts, or prohibit access to accounts, upon 72 hours' prior notice.

25.5. Place of Service Provision. This contract confirms the provision of services in Brazil. The place of payment is defined as the city of Bauru, State of São Paulo, Brazil.

25.6. Applicable Laws. The laws applicable to this contract are Brazilian law.

25.7. Legal Capacity and Representation. By using any feature of the Digisac® Platform, including the website, the client acknowledges having read and agrees to comply with the terms and conditions established in this Contract/Terms of Use. The Client declares and warrants to Ikatec™ that they have the legal capacity and representation to enter into this contract, which is binding.

25.8. Jurisdiction. Any disputes regarding this contract will be submitted to the jurisdiction of the District Court of Bauru, State of São Paulo, Brazil, regardless of any other more privileged jurisdiction.

Commercial
WhatsApp