Terms of Use and Conditions of Service

Last updated: July 8, 2026.

Translation notice. This English version is a translation provided for convenience. The original Portuguese version, available at vipdesk.com.br/terms, is the governing version. In case of any discrepancy, the Portuguese version prevails.

1. Acceptance of the Terms

These Terms of Use ("Terms") govern access to and use of the multichannel communication, customer service, CRM and automation platform (the Platform) provided by Vipphone Software, registered with the Brazilian National Registry of Legal Entities (CNPJ) under No. 03.742.028/0001-92, headquartered at Avenida Guaçuí, 1121 - Araçás, Linhares/ES, Brazil, ZIP code 29903-394 ("Provider", "we"). By creating an account, clicking "I accept", or using the Platform in any way, the user and the legal entity they represent ("Customer", "you") declare that they have read, understood and fully agreed to these Terms and to the Privacy Policy, which is an integral part of this document.

If you do not agree with any provision, you must not use the Platform. Acceptance is given by a person with authority to bind the contracting legal entity.

2. Definitions

• Platform: the set of software, APIs, dashboards and services offered by the Provider.
• Channels: WhatsApp, Instagram, Facebook, Telegram, email, webchat and other means that can be integrated.
• Customer Content: messages, contacts, files and data entered or transmitted by you on the Platform.
• Third Parties: external providers (e.g., Meta/WhatsApp, cloud providers, payment gateways).

3. Registration, Account and Customer Responsibilities

The Customer is responsible for the accuracy of the information provided, for safeguarding access credentials and for all activity carried out in its account and in its users' accounts. The Provider is not liable for losses arising from misuse, password sharing or the Customer's failure to protect its access. The Customer undertakes to keep its registration and billing information up to date.

4. Channel Connections and Third-Party Integrations

The Platform allows third-party channels to be connected. These channels are operated by independent companies, subject to their own terms, policies, availability and unilateral changes. The Provider has no control over such services and does not guarantee their continuity, performance or future compatibility.

4.1. WhatsApp connection via QR Code (risk of blocking)

Important notice. Connecting WhatsApp numbers by scanning a QR code uses unofficial interfaces (based on WhatsApp Web), which are not approved or authorized by Meta Platforms, Inc. Using this connection method entails a real and inherent risk of blocking, banning, suspension or disconnection of the number, temporarily or permanently, at the sole discretion of Meta/WhatsApp, which may occur at any time, including without prior notice and regardless of any misconduct.

The Customer declares that it is aware of and fully assumes this risk. The Provider does not guarantee that the connection will be maintained and is not liable for blocking, bans, loss of access to the number, loss of conversation history, interruption of customer service or any direct or indirect damages arising from them. For critical operations, use of the official WhatsApp API (WhatsApp Business API/Cloud API) is recommended, subject to Meta's rules and fees.

The Customer is solely responsible for complying with the WhatsApp Business and Messaging Policies and Meta's guidelines, including with respect to consent (opt-in), message quality and the prohibition of spam.

5. Acceptable Use and Prohibited Conduct

The Customer and its users may not, directly or indirectly:

• Send unsolicited messages (spam), bulk messages without valid consent (opt-in) or messages that violate the Channels' policies;
• Transmit content that is unlawful, defamatory, fraudulent, discriminatory, that infringes third-party rights or applicable law;
• Engage in phishing, spread malware, or attempt to circumvent the Platform's limits, security or billing mechanisms;
• Use the Platform for purposes that expose the Provider to blocking, sanctions or liability toward Third Parties;
• Reverse engineer, sublicense, resell or copy the Platform without express authorization.

Non-compliance may result in immediate suspension of access, without prejudice to other applicable measures. Customer conduct that leads to the blocking of numbers or channels is the Customer's sole responsibility.

6. Plans, Free Trial, Payment and Cancellation

The Platform may be offered in plans with different limits and features, as well as a free trial for a limited period. If the trial ends without a plan being purchased, access may be restricted or suspended. Payments are processed by third-party gateways (e.g., boleto, PIX and credit card). Failure to pay by the due date may result in suspension or cancellation of access, subject to any grace period. Price adjustments will comply with applicable law and will be communicated in advance. Unless otherwise required by law, amounts already paid for periods of use are non-refundable.

6.1. Storage and overage charges

The Platform provides each account with an allowance of 15 GB (fifteen gigabytes) of storage, intended for files, media, attachments and other transmitted data. Usage exceeding this allowance will be charged separately, at R$ 0.50 (fifty Brazilian centavos) per GB per month, calculated based on the average or peak usage volume in the period, at the Provider's discretion. The Provider may notify the Customer when it approaches the limit; however, the absence of notice does not waive the overage charge. The Customer may manage its usage by deleting unnecessary files and media.

7. Availability, Support and Service Level

The Provider will use commercially reasonable efforts to keep the Platform available, but does not guarantee uninterrupted or error-free operation. The Platform may be unavailable due to scheduled or emergency maintenance, Third-Party failures, Channel unavailability, acts of God or force majeure. Maintenance windows will be communicated when practicable.

8. Backup and Disaster Recovery

The Provider maintains backup and recovery routines. In the event of a disaster, serious infrastructure failure or any event requiring restoration, the Customer acknowledges and agrees that the recovery point objective (RPO) is up to 2 (two) hours, and therefore data generated in the last 2 (two) hours before the event may be lost. The Provider does not guarantee recovery of data beyond this interval and is not liable for losses within this limit. The Customer is advised to keep its own exports and copies of critical data.

9. Intellectual Property

All software, trademarks, layout, source code, documentation and other elements of the Platform are owned exclusively by the Provider or its licensors, and the Customer is granted only a personal, temporary, non-exclusive and non-transferable license of use, limited to the term of the contract. Customer Content remains owned by the Customer, which grants the Provider a license to process it strictly to the extent necessary to provide the services.

10. Confidentiality

The parties undertake to keep confidential any confidential information to which they have access, using it only for the purposes of the contractual relationship, except where disclosure is required by law or by a competent authority.

11. Personal Data Protection

The processing of personal data complies with Brazilian Law No. 13,709/2018 (LGPD) and is detailed in the Privacy Policy. With respect to personal data of third parties that the Customer enters or transmits on the Platform (e.g., its own customers and contacts), the Customer acts as Controller and the Provider as Processor, processing such data according to the Customer's instructions and for the purpose of providing the service. The Customer is responsible for having a legal basis and valid consent for the processing of, and communication with, these data subjects.

12. Limitation of Liability

To the maximum extent permitted by law, the Provider's total and aggregate liability, for any cause related to these Terms, is limited to the amount actually paid by the Customer in the 3 (three) months preceding the event that gave rise to the claim. The Provider is not liable for indirect damages, lost profits, loss of opportunity, loss of data beyond the RPO set forth in Clause 8, damages due to unavailability of Channels or Third Parties, or for the blocking of WhatsApp numbers (Clause 4).

13. Disclaimer of Warranties

The Platform is provided "as is" and "as available", without warranties of fitness for a particular purpose, business results, uninterrupted operation or absence of errors, except for warranties that cannot be excluded by law.

14. Suspension and Termination

The Provider may suspend or terminate access in the event of a breach of these Terms, non-payment, use that threatens the security or integrity of the Platform, or a legal requirement. The Customer may terminate the contract at any time, subject to the conditions of its plan. Once the relationship ends, data may be deleted after the retention period set forth in the Privacy Policy, and the Customer is responsible for exporting its Content beforehand.

15. Changes to these Terms

These Terms may be updated at any time, especially for legal, regulatory or product reasons. The current version will always be the one published on this page, with its update date. Continued use after changes constitutes agreement.

16. General Provisions, Governing Law and Jurisdiction

Any tolerance of a breach of any clause does not constitute a waiver. The invalidity of one provision does not affect the others. These Terms are governed by the laws of the Federative Republic of Brazil. The courts of the judicial district of Linhares, State of Espírito Santo, Brazil, are elected to settle any disputes, to the exclusion of any other, however privileged.

Questions about these Terms: suporte@vipphone.com.br.