Terms of Use

1. Acceptance and definitions

By accessing or using the services of the Sendyx platform operated by Sendyx Softwares ("we", "our" or the "Platform"), you ("User", "you" or, where applicable, "Producer") agree to these Terms of Use. If you do not agree, do not use the Platform.

These Terms govern the use of the software as a service (SaaS) we offer, including relationship management, sales of digital products, checkout, member areas and integrations with social networks (including Instagram-related automations), as made available in the product from time to time.

2. Description of the service

The Platform offers tools for Producers to register, promote and sell digital products and to manage relationships with contacts and buyers, as well as supporting features (such as automations tied to Instagram accounts connected by the User). Selling digital products is available only to accounts whose country is Brazil. The exact availability of features may vary according to the plan you subscribe to or the evolution of the product.

Features may be changed, discontinued or replaced with reasonable notice where possible, without prejudice to urgent security or compliance fixes.

3. Registration and eligibility

You declare that you are over 18 years old and that you provide truthful information. You are responsible for the confidentiality of your credentials and for all activity on your account. Notify us immediately of any unauthorized use.

The account is personal and non-transferable: each person uses their own login, which may not be shared, lent, rented or sold to third parties. Each eligible person is entitled to a single free trial period, and creating other accounts to obtain a new trial period is prohibited.

At registration we collect your country, detected from your IP address, provided by you, through Google sign-in or from your WhatsApp country code. You can change it in your profile, except while you have an active subscription. Accounts without a country are treated as Brazilian. The country defines the billing currency and the payment provider for your account (see section 6). Accounts whose country is outside Brazil ("international accounts") do not have a free trial period: they start on the Free plan.

4. Role of the Platform and of the Producer

Sendyx acts as a technology intermediary, providing software and infrastructure so that the Producer can offer and sell digital products. Unless the law provides otherwise, the Producer is the supplier to the final buyer with respect to content, product support, fulfillment of the offer and applicable consumer obligations.

The Platform is not obliged to review or approve in advance the content of digital products, does not endorse opinions or promises made by the Producer, and may remove or restrict content or accounts in case of violation of these Terms, of the law or of an order from a competent authority.

5. Digital products and digital content

The Producer declares that they hold the rights or licenses necessary for the content they sell. Delivery of files, courses or digital access is the Producer's responsibility, using the means provided by the Platform where applicable.

Final buyers must observe the refund policy and support channels stated by the Producer or in the offer itself; the Platform may provide technical payment and access flows without assuming an obligation of first-level support over the content of the product.

6. Payments, fees and gateways

6.1 Processing by third parties

Payments are processed by third-party payment providers (such as the Asaas gateway or others that may be integrated). When you pay, you interact directly with the terms and security of those providers. Sensitive card and payment method data is handled by the gateways, under their terms, and is not stored by Sendyx in a way that replaces those systems.

International accounts. Payments for accounts whose country is outside Brazil are processed by Stripe, billed in US dollars, by card or another method made available at Stripe checkout. Stripe acts as a payment provider, under its own terms, and as the operator of the payment data. Card data is entered directly with Stripe and does not pass through Sendyx servers. Public API credits are also sold in US dollars, through Stripe. The currency and the payment provider are defined by the account's country.

6.2 Platform fees

Transactions carried out on the Platform may be subject to Sendyx fees made up of: (i) a percentage of the gross transaction amount; and (ii) a fixed amount per transaction. The percentages and fixed amounts may vary according to the payment method (for example, PIX, card or boleto) and the settings in force. In specific situations, additional fees provided for on the Platform may apply (such as charges related to chargebacks, reversals or payment split features, when enabled).

The amounts that apply to your case are those shown in the Platform dashboard or officially communicated by Sendyx. Custom conditions may exist per Producer, according to agreements or contractual settings.

6.3 Payouts and timing

The time for making funds available to the Producer depends on the payment method, the gateway and the applicable settlement rules, and may include periods counted in business days. The Platform does not guarantee early receipt of receivables unless expressly offered and contracted.

7. Refunds, reversals and chargebacks

Reversals, chargebacks and returns follow the rules of the payment method, of the gateway and of the applicable law. The Producer authorizes the offsetting of amounts owed to the Platform and related charges against future balances or payouts, within the limits allowed by law and according to internal policies that have been disclosed.

A buyer who qualifies as a consumer may have rights under the Brazilian Consumer Defense Code (Law 8,078/1990), including the right of withdrawal in distance consumer relationships, where applicable; the analysis of each case will consider the nature of the digital good purchased and the law in force.

8. Acceptable use

It is prohibited to use the Platform to:

• Violate laws, third-party rights or the policies of third-party platforms (including Meta/Instagram);
• Commit fraud, phishing, spam or abusive social engineering;
• Attempt to gain unauthorized access to systems, other users' data or the infrastructure;
• Distribute malware or unduly overload the systems;
• Resell or sublicense access to the Platform in breach of what was contracted;
• Extract, copy or download Platform data in bulk using bots, scripts, browser extensions or any other form of automation, and reproduce or redistribute that data outside the Platform;
• Mask identity, device or location (for example with a proxy, a VPN or browsers that alter the device identification) to get around limits, security locks or the personal account rule;
• Create or keep more than one account to obtain more than one free trial period.

9. Instagram and Meta integrations

When you connect accounts or use features that depend on Meta (Facebook/Instagram) APIs, you declare that you comply with the applicable Meta Terms and Policies. The Platform does not control limits, changes or unavailability imposed by Meta.

Automations may be subject to technical, commercial or policy restrictions from Meta. The risk of restriction, suspension or termination of the account on the social network lies with the User, and Sendyx cannot guarantee reach, message delivery or the continuous availability of integrations.

10. Intellectual property

The software, brand, layout and materials of Sendyx remain the property of Sendyx Softwares or its licensors. The Producer keeps the rights to their content, granting the Platform a limited license to host, display and process what is necessary to provide the service.

11. Limitation of liability and indemnity

To the maximum extent permitted by law, the service is provided "as is". Sendyx is not liable for lost profits, loss of data, business interruption or indirect damages arising from the use of, or inability to use, the Platform, except in cases of willful misconduct or proven gross negligence.

The User indemnifies Sendyx, its affiliates, directors and employees against claims, losses and expenses (including reasonable attorneys' fees) arising from misuse of the Platform, from the Producer's content or from violation of these Terms or of third-party rights.

12. Suspension and termination

We may suspend or terminate accounts in case of suspected fraud, violation of these Terms, a court order or breach of third-party policies (including Meta), after notice when reasonable.

To protect the Platform and the data, our security systems may automatically pause or suspend access when they detect use consistent with the practices prohibited in sections 3 and 8. If you believe the suspension was unwarranted, contact support so that the account is reviewed by a person on the team.

13. Assignment and succession

Sendyx may assign these Terms or the operation of the Platform in case of corporate reorganization, merger, acquisition or sale of assets, provided that the acquirer assumes equivalent obligations toward users, with notice through the usual channels when required by law.

14. Tax obligations of the Producer

The Producer is solely responsible for complying with the tax, fiscal and accounting obligations arising from their sales and revenue, including issuing invoices where applicable, paying taxes and reporting to the competent bodies. The Platform may provide statements and information for reconciliation, without replacing accounting or tax advice.

15. Marketing communications

Promotional communications about Sendyx or partner products, when sent by email or other channels, will observe the applicable legal bases (including consent when necessary). You may withdraw consent or use opt-out mechanisms when available, without prejudice to messages strictly related to performance of the contract or to a legal obligation.

16. Access records (Marco Civil da Internet)

In accordance with the Marco Civil da Internet (the Brazilian Civil Rights Framework for the Internet, Law 12,965/2014), the Platform may keep records of access to internet applications, as required by law and security policies, for the minimum legal period, in a controlled environment and in accordance with the Privacy Policy.

17. Privacy

The processing of personal data follows our Privacy Policy, which is an integral part of these Terms.

18. Changes to the Terms

We may change these Terms. Relevant changes will be communicated by email, a notice on the Platform or an update of the date above. Continued use after the changes take effect implies acceptance, except where the right to refuse or terminate is guaranteed by law.

19. Governing law, venue and mediation

These Terms are governed by the laws of the Federative Republic of Brazil. The parties elect the courts of the District of São Paulo, State of São Paulo, to settle disputes, subject to any non-waivable legal prerogative of the consumer.

Before taking legal action, we recommend contacting the support channels to attempt an amicable resolution.

20. Force majeure

We will not be liable for delays or failures caused by events beyond our reasonable control, including failures of third parties (gateways, social networks, telecommunications), natural disasters, pandemics or large-scale cyberattacks.

21. Severability

If any provision is found to be invalid, the remaining provisions stay valid to the extent permitted.

22. Contact

23. Acceptance

By using the Platform, you declare that you have read and understood these Terms and that you have the legal capacity to accept them.