Terms of Use and Privacy Policy

WITILAND S.A.S., corporation, Avenida Constituyente, No. 1,467,20a., Torre del Gaucho building, Montevideo, URUGUAY, RUT 218751190018, BARRIO SUR, MONTEVIDEO, 11200, hereby presents the Terms of Use and Privacy Policy regarding its Witi.me Platform at the electronic address https://witi.me in accordance with Law No. 13.709/2018. The use of the site or its contents subjects the user to the observance and respect of the conditions set forth below. Hereinafter, for the purposes of this contract, WITILAND S.A.S. will simply be referred to as WITILAND.

  1. SUMMARY OF TERMS
  1. By accessing the Witi.me website, you agree to these terms at your own risk. We are committed to ensuring by all available means that your privacy and your data are 100% secure, free from spam, and will NEVER be sold to anyone.
  2. Third-party services provided by Witi.me, may experience availability fluctuations that are the sole responsibility of those third-party companies.
  3. Witiland uses COOKIES only for the normal use of its services through user session maintenance. No additional cookies for advertising purposes are used.
  4. Please read the terms below carefully and consult the DEFINITIONS for a better understanding of each item described.
  1. ACCEPTANCE OF TERMS
  1. By registering, the USER declares that they agree with these terms and with the use of the services of the Witi.me Platform.
  2. If the USER is registering and contracting on behalf of a legal entity, they declare that they have the authority to do so (are its legal representative).
  3. The USER also declares, at this moment, to have the necessary powers to assume the statements provided for in these terms.
  4. If the USER does not agree, or ceases to agree, with these terms, they must immediately stop using the services offered by the Witi.me Platform.
  1. DESCRIPTION OF SERVICES

Witi.me is a business platform for customer service, CRM, through which the contractor can manage their company's contacts and clients in a friendly and simplified way.

  1. Automated Service. Creation of pre-configured answers for frequently asked questions and automation of service.
  2. Multiple Users. Distribution of service from the same WhatsApp number to multiple attendants, enabling simultaneous service and ensuring the best experience for your client.
  3. Multiple Instances. The Multiple Instances feature allows working with more than one messaging instance (WhatsApp, Telegram, Instagram) in a centralized way (that is, more than one simultaneous application), without interruptions and disconnections. Each instance may have totally distinct user groups with general or individual permissions, always using the tools provided by the CONTRACTED PARTY.
  4. Team Management. Monitor your team through service statistics, sector and permission definitions. Direct service to specific users or departments of your company.
  5. SMS Broadcasting. By contracting SMS sending, the CONTRACTOR is fully responsible for the content of the messages sent to their contacts, and undertakes to stop broadcasting to people who so request, and declares to be aware of the general terms of the LGPD.
  6. Integration API. The Witi.me Platform allows integration of its services via API. The use of the API is the sole responsibility of the user through its usage manual. No additional support will be provided.
  1. PLANS
  1. FREE PLAN. By choosing a free plan, the CONTRACTOR will have lifetime access to the following services:
  1. Up to 2 Connected Users and 1 instance.
  2. The contractor will face some restrictions in the use of the tool, which will have its functionality limited to basic mode.basic.
  3. Advertising: Every new 24-hour period, a new advertising message from Witi.me, will be inserted for the final recipient of your messages.
  1. PAID PLAN. By choosing a paid plan, the CONTRACTOR, all advanced features will be available in advanced modeadvanced while the plan is active.
  1. Messages exchanged between the CONTRACTOR and their contacts will not be subject to any kind of advertising.
  1. PAID PLAN - Free trial period.
  1. The USER may receive a free 30 (thirty) day trial period of the PAID PLAN, starting from the date of registration.
  2. WITILAND reserves the right to terminate the evaluation period at any time at its sole discretion, especially in case of any abuse by the USER.
  3. During the free trial period, the USER will not be subject to any monthly subscription fee or any other fee.
  1. TERM OF VALIDITY, EXTENSION, PRICES AND ADJUSTMENTS
  1. The FREE PLAN is free for an indefinite period.
  2. The PAID PLAN will have a minimum duration of 01 (one) month, and may be renewed at its end by the USER directly through the platform.
  3. The start of service provision and, therefore, the beginning of the contractual term will occur upon confirmation of payment of the first monthly fee.
  4. The contracted price may be adjusted at any time, and new values will always be available on the website.
  5. If WITILAND changes its price table, the new values will be valid and applicable upon renewal of the contractor's current plan.
  6. The USER will pay WITILAND for the provision of the chosen services, the amount according to the chosen plan and disclosed in the price table on its website (www.witi.me).
  7. Payment for services provided will always be made IN ADVANCE, and will follow the terms and conditions of the chosen plan (PAID PLAN).
  8. A renewal notice will be shown to the CONTRACTOR starting 5 days before the expiration date of the current plan.

  1. PAYMENT METHOD

  1. The Witi.me platform will provide some automated and online methods for payment. All services contracted from WITILAND are subject to Uruguayan taxation, and an Uruguayan equivalent of the Brazilian invoice will be issued. Uruguay issues INVOICE.
  2. Payment methods may include, but are not limited to, PagSeguro, PayPal, WireTransfer, EBanX, or through our partner in Brazil, izCompany, and the payment methods it offers.

  1. USER OBLIGATIONS

The USER's obligations are:

  1. Faithfully respect and comply with the Terms of Use and Privacy Policy of the Witi.me Platform.
  2. Faithfully respect and comply with the Terms of Use and respective policies of third-party tools (Whatsapp, Telegram, etc).
  3. Do not use the tool for any kind of CRIME, ABUSE, SPAM, or any act that violates Brazilian and Uruguayan laws.
  4. Inform WITILAND of any changes to registration data, making the necessary updates, including changing email, under penalty that, if not done, all notices and notifications sent to the addresses initially provided and registered will be considered valid.
  5. Configure the program/platform and its features in the way that best meets your needs, choosing what corresponds to your wishes;
  6. Read the user manuals of the Witi.me Platform provided to the USER before actually using the system.
  7. Without prejudice to the obligations listed above, common to all types of contracting, comply with the other specific obligations contained in these Terms, and be civilly and criminally liable for all acts performed within the platform.

  1. OBLIGATIONS OF THE CONTRACTED PARTY

The obligations of WITILAND are:

  1. Provide the service subject to this agreement, in the manner and conditions set forth in the preamble, ensuring the efficiency and regular operation of the software, adopting with each of the USERS all necessary measures to avoid harm to its operation.
  2. Install on the servers used for information storage the updates of protection programs against intrusion by third parties (hackers), not being, however, responsible in case of inevitable attacks due to the surpassing of the technology available on the market.
  3. WITILAND promises a minimum service level, SLA, of 90%. This means that the platform will be ONLINE ready for use 90% of the time, considering a 24-hour day.
  4. Any outages of third-party services, Whatsapp, Telegram, etc., are the sole responsibility of those parties, not generating any responsibility for Witiland.

  1. PENALTIES AND TERMINATION

  1. Non-payment or renewal of the PAID PLAN of any amount due under these terms will result in the suspension of paid services, and the immediate conversion of the paid plan client to the free plan.
  2. The parties, being in compliance with their contractual obligations, may terminate these terms at any time, without any penalty. The notice of termination must be formalized via Witi.me Platform, by accessing and clicking on the "Cancel Subscription" option.
  3. If the notice of termination is not formalized within the period referred to above, Witi.me will be authorized to issue and charge a new monthly fee. Consequently, the USER may use the platform until the expiration of this new monthly fee.
  4. It is also grounds for immediate termination of these terms, by simple written communication, via email, and regardless of prior notice or notification, the non-compliance by either party with any of the obligations assumed in items "8" and "9" above.
  5. Upon termination, the USER, when requesting it, must obligatorily respond to the termination form, which can be accessed at the following link: witi.me/termination

  1. COMMUNICATION BETWEEN THE PARTIES

  1. Contacts and/or simple communication between the contracting parties for everything arising from these terms will be made by electronic mail (email) and chat, means accepted by both as suitable for this purpose. The email will be considered received on the first business day after its date of sending.
  2. The electronic address (email) of the USER for contact is the one informed in the registration made by the user.
  3. For everything related to requests for inclusion and exclusion of optional services, complaints and any other matter that requires proof, record or documentation, THE ONLY SUITABLE MEANS for any of these purposes, except in cases where these terms expressly provide otherwise, will be the registration by the USER of their request in the email of WITILAND (support@witi.me).

  1. LIMITATIONS OF LIABILITY

Regarding the service provided by WITILAND:

  1. 2.1.1. WITILAND is not responsible for interruptions, blocks and/or disabling of the phone number used to send messages. The USER is aware that, due to the high volume of messages sent, the number may be subject to restrictions by telephone operators or even by third-party applications, such as WhatsApp, Telegram, among others.
  2. WITILAND is not responsible, under any circumstances, for the content of the messages sent, as this responsibility is solely and exclusively that of the USER, who is aware that messages must comply with legality, good faith, and good customs, as well as the Terms of Use and Privacy Policy of WITILAND and third-party tools, such as WhatsApp, Telegram, among others.
  3. If WITILAND is held civilly or criminally liable for any damage arising from the subject matter of these terms, it shall have the right of recourse against the USER, without prejudice to any resulting losses and damages.
  4. The Witi.me Platform only enables integration with third-party applications and software for the purpose of exchanging instant messages, payment intermediation, and goods transportation. Any failures in these services are the sole responsibility of the third-party owner of the respective application and/or software. The USER will exempt WITILAND from any liability, refraining from claiming or demanding any kind of action or responsibility from WITILAND, and undertakes to seek customer service (SAC) and technical support from the respective third-party providers.
  5. WITILAND will not be liable to the USER, or to the USER's clients, or administratively to administrative bodies, regarding issues related to delivery of goods, receipt of amounts, and payments. WITILAND will be exclusively responsible for the proper functioning of the Witi.me Platform, enabling integration with applications for customer service, but not for failures arising from integrated applications and software.
  6. UNDER NO CIRCUMSTANCES SHALL WITILAND, ITS AFFILIATES AND ITS SHAREHOLDERS, ADVISORS, DIRECTORS, EMPLOYEES OR LICENSEES BE LIABLE (INDIVIDUALLY OR JOINTLY) TO THE USER FOR ANY PERSONAL INJURY OR FOR ANY LOSSES OR DAMAGES (ACTUAL, SPECIAL, INDIRECT, REMOTE OR OTHERWISE RECOGNIZED UNDER APPLICABLE LAWS), INCLUDING, WITHOUT LIMITATION, DAMAGES CAUSED BY LOSS OF PLATFORM FUNCTIONALITY; LOSS OF DATA CAUSED BY A VIRUS, WORM, TROJAN OR OTHER HARMFUL CODE; OR OTHERWISE RESULTING FROM ANY USE OF THE PLATFORM. WITHOUT LIMITATION, THE USER (AND NOT WITILAND) ASSUMES FULL COST FOR ALL SERVICE, REPAIR OR CORRECTION NECESSARY IN THE EVENT OF ANY LOSSES OR DAMAGES MENTIONED ABOVE. THE USER ASSUMES THE RISK OF USING THE SITE, AS WELL AS FULL RESPONSIBILITY FOR IMPLEMENTING DATA BACKUP PROCEDURES AND VIRUS SCANNING AS DEEMED NECESSARY.

  1. GENERAL DATA PROTECTION LAW (LGPD)

  1. The USER authorizes the collection of personal data essential for the execution of this contract, having been informed about the data processing that will be carried out by WITILAND, in accordance with Law No. 13.709/2018, specifically regarding the collection of the following data:
  1. Your account data as USER, such as: name, address, CPF, CNPJ, email, phone number and photo;
  2. Contact numbers from your address book;
  3. Your messages exchanged on social networks when you use the account or phone number linked to our platform;
  4. Information about your computer, including your IP address, geographic location, browser type and version, and operating system;
  5. Information contained in any communications you send us by email or through our website/platform, including the content and metadata of the communication;
  6. Cookies necessary to improve the user experience, mainly to facilitate access to the platform (login);
  7. Any other personal information you send us.
  1. The collected data may be used for identification of terrorism, sharing with security agencies as required by applicable law, and sharing with administrative and judicial authorities within their competencies.
  2. The data collected based on WITILAND's legitimate interest, as well as to ensure the faithful execution of the contract by WITILAND, are based on Article 7 of the LGPD, which is why the purposes described in the first paragraph above are not exhaustive. The USER states that all personal data requested and collected are strictly necessary for the purposes intended in this contract. The USER authorizes the sharing of their data, for the purposes described in this clause, with third parties legally entitled to defend the interests of WITILAND as well as the USER.
  3. The USER has a determined period of up to 5 (five) years to access their own stored data and may also request the deletion of data previously collected with their consent. Data deletion will be carried out without prejudice to WITILAND, considering the need to retain documents for a determined period of 5 (five) years, as provided by civil law. Therefore, if the USER wishes to revoke any data, they must fill out a declaration to this effect, being aware that the revocation of certain data may result in possible losses in the provision of the offered services.
  4. In the event of improper data leakage, WITILAND undertakes to notify the USER about the incident, as well as which data was leaked. WITILAND informs that data management will be carried out through a system that will collect and process the data in accordance with the Law. WITILAND informs that it will maintain records of personal data processing operations as mentioned in the previous items. Upon termination of the contract, the personal data collected will be stored for the period determined in the item above. After the relevant retention period, WITILAND undertakes to properly dispose of the data.
  1. COPYRIGHTS
     The CONTRACTOR may not reproduce, translate, decompose, recompose, derive, alter or use reverse engineering techniques on the functionalities, code and structure of the System, nor (b) reproduce, decompose, recompose or derive the appearance, usability and interaction patterns (trade dress) of the System, nor (c) attempt any other action to violate this Contract, the copyrights of the System, programs and services offered by WITILAND or by third parties through the System. Any attempt to violate copyrights, programs and services provided in this Contract will result in immediate suspension and cancellation of any rights the CONTRACTOR and its Users have over the CONTRACTED PARTY.
  2. DEFINITIONS

     API DEFINITIONS

     API – means “Application Programming Interface” and is a set of routines, protocols and input/output tools that allow other computer programs or cloud services to interact with the System.

     SMS – means “Short Message Service”.

     Cookies – a cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device, to remember information about you, such as your language preference or login information.

     Instance – each instance means a possibility of connection with a WhatsApp number.

     User – is an external agent to the system who uses the technology to perform certain work.

     LGPD – The General Data Protection Law, Law No. 13.709/2018, is the Brazilian legislation that regulates personal data processing activities and also amends Articles 7 and 16 of the Civil Rights Framework for the Internet.

  3. JURISDICTION

  1. The parties elect the jurisdiction of the city of Montevideo, URUGUAY to resolve all doubts or disputes arising from the execution of this agreement.

Montevideo, 06/15/2021