Terms of Use and Privacy Policy
This document regulates the use of the ChatSummary platform, hereinafter referred to as the “Tool”.
By subscribing to the Tool, you, hereinafter referred to as “User”, agree to the terms below.
ChatSummary, establishes this instrument, called PRIVACY POLICY AND TERMS OF USE, whose conditions and clauses the User declares, at the time of contracting / subscription, that he has previously read and agrees to submit. Acceptance of these Terms of Use and Privacy Policies is absolutely essential to the use of the services provided.
1. PRIVACY POLICY
1.1 GENERAL RULES FOR STORING USER AND THIRD PARTY DATA
1.1.1 The purpose of this term sheet is to provide information on (a) what data will be stored, (b) the purpose for which this data is stored, (c) to whom these may be disclosed and (d) the storage period.
1.1.2 The user has the right to delete the data stored using his login and password in our customer portal.
1.1.3 In the event of the above requirements, ChatSummary reserves a period of 30 (thirty) days to fulfill the request.
1.1.4 In the event of a breach of personal data that may result in a risk to the rights and freedoms of the data subject, ChatSummary undertakes to notify the User responsible within 72 hours.
1.1.5 If the User or the data subject is geographically located in any country of the European Union, the User must notify the respective data subject as well as the supervisory authority of the respective country within 7 working days.
1.2 PERSONAL DATA OF THE USER
1.2.1 The Tool collects, after the effective contracting, the following personal identification information of the User provided at the time of purchase: name, date of birth, CPF/CNPJ, address, e-mail and telephone number.
1.2.2 If the customer is a legal entity, the name, CPF and date of birth of the legal representative of the company must be included.
1.2.3 The information is provided by filling in the form or sending information through WhatsApp by the User when contracting / subscribing to the service, who is responsible for its correction and updating.
1.2.4 The information provided will be used for communication, notification and billing of users, and ChatSummary is authorized to use it also for the operation of sending e-mails and messages via WhatsApp, such as sending Newsletter, release notice, news related to the Tool. The User may unsubscribe from receiving marketing messages at any time.
1.2.5 ChatSummary will keep access records, under confidentiality, in a controlled and secure environment, for at least 6 months, under the terms of Art. 15 of Law No. 12,965 / 2014 (Marco Civil da Internet).
1.2.6 Only ChatSummary employees will be able to access the User’s personal information, which will not be disclosed to third parties without authorization.
1.2.7 The Tool uses re-marketing tools and first party cookies from Google Analytics, Facebook, hotjar and Hotmart to enhance the user experience with our content. They, in turn, have their own terms of use and privacy policies which can be accessed through these links:
https://app.hotmart.com/pp.html
https://www.facebook.com/msqrd/privacy
https://policies.google.com/technologies/partner-sites
1.2.8 This resource is used for marketing.
1.2.9 In addition to the personal data provided above, the Tool collects information contained in advertisements such as the IP address and ISP the browser you used when visiting the ChatSummary website, the time of your visit and the pages you visited on our website.
1.2.10 This information (listed in item 1.2.1) is collected for the sole purpose of optimizing the User’s own navigation and experience through the ChatSummary website.
1.2.11 In addition, other information such as personal preferences are stored through Cookies.
1.2.12 The above functions (listed in 1.2.11) are used for geotargeting (such as showing advertising from São Paulo only to people from São Paulo) or displaying advertising targeted to a type of user (such as showing restaurant advertising to people who visit cooking websites regularly).
1.2.13 All Users, or anyone browsing the internet, have the power and independence to turn off these functions by blocking Cookies in their browser or anti-virus options. However, we warn you that by blocking cookies you may have problems navigating our website or other websites.
1.3 USER CAPTURE OF THIRD PARTY DATA
1.3.1 Given that the Tool allows the User to capture data from third parties, the User, when contracting ChatSummary, declares himself responsible for the treatment and legality of this data under the terms of Law No. 12,965 / 2014 (Marco Civil da Internet), Law No. 13,709 / 2018 (Data Protection Law) and the European Data Protection Regulation or GDPR (General Data Protection Regulation).
1.3.2 If the User is geographically located in any country of the European Union or, furthermore, captures data from any person who is geographically located in any country of the European Union, the User undertakes to inform in its own Terms of Use and Privacy Policies a representative to be contacted by the control authorities and data subjects of that region, under the terms required by the GDPR (General Data Protection Regulation).
1.3.3 ChatSummary will not process this data unless requested and authorized by the User.
1.3.4 If ChatSummary identifies any illegal data capture by the User, it will immediately block the respective capture and the User’s access to the Tool.
1.3.5 The capture of genetic, biometric or health data of third parties by the User is not allowed, unless by express and unequivocal authorization of their holders. If the User obtains the respective authorization, he must immediately prove it to ChatSummary, under penalty of having his access blocked under the terms of item 1.3.4.
1.3.6 In the same way as the previous item, it is not allowed to capture data from minors under 16 (sixteen) years of age by the User, without the express authorization of their guardians.
2.TERMS OF USE
2.1 SECURITY
All data entered into the Tool, including third party data captured by the User, is confidential and protected through strict access controls and encryption. Our team of developers do their best to keep the Tool safe, but we cannot guarantee 100% security and like any online venture, we are subject to risk.
2.2 CONNECTION
In order to enjoy the services offered by ChatSummary, the User must ensure a continuous and fast Internet connection. The User is solely responsible for obtaining and paying for his Internet connection, which will allow him to enjoy the Platform. The User acknowledges that the quality of the Internet connection depends, inter alia, on the Internet access provider and the Internet infrastructure provider, on the volume of other uses that the customer makes of the bandwidth available at any given time and also on the quality of the connector equipment in his possession. ChatSummary is not responsible for any failures and/or problems in viewing attributed to a faulty, interrupted or slow Internet connection or with problems attributed to the hardware (PC, notebook, tablet, cell phone, etc.) of the User.
2.3 PAYMENT
2.3.1 Upon subscription/contracting the Tool, the User may choose the MONTHLY, SEMESTERLY or ANNUAL payment plans, as offered on the website.
2.3.2 The payment methods available are boleto bancário, credit card, Apple Pay and Google Pay, all intermediated through STRIPE.
2.3.3. Credit consultation will be carried out for all payment methods.
2.3.4. It is mandatory, for hiring the Tool, that the Client (Legal Entity) has at least 1 year of Active CNPJ.
2.3.5 Failure to access the platform and/or use the services provided in the Tool will not exempt the User from paying the monthly fee, as payment is due for the mere provision of the service.
2.3.6 The purchase via credit card will result in automatic payment of the subscription, whether monthly, semi-annually or annually, and will be shown on the card invoice.
2.3.7 Purchases via boleto bancário will result in the boleto bancário being sent monthly, semi-annually or annually to the e-mail address registered at the time of purchase.
2.3.8 The Semi-annual and Annual plans follow the same procedures as the Monthly plan, however, their subscription will follow according to the period imposed on them, i.e. 6 months and 12 months respectively. As with the monthly plan, there will be automatic renewal with a credit card charge or bank slip sent for the next payment period.
2.3.9 The related Invoice will be generated within 30 (thirty) days after confirmation of payment and sent by e-mail to the User.
2.3.10 We emphasize that if the User chooses to pay in installments, this will be done by the credit card operator and not by ChatSummary. It is not possible to pay in installments by boleto bancário.
2.4 DEFAULT
2.4.1 Failure to pay the monthly fee for more than 0 days (recurrence of default) will result in the blocking of services.
2.4.2 Release will only take place upon payment of all monthly arrears, including monetary correction and statutory default interest.
2.4.3. The payment, once the default has been detected, can only be made in Stripe.
2.4.4 If it is verified that the Tool has been used/available without due payment and there is no request for cancellation of subscription, the amount for the period used may be charged by telephone, e-mail, correspondence and/or legal action, plus monetary correction, legal interest from the due date and legal fees of 20%.
2.4.5 If ChatSummary decides not to charge any monthly fee, monetary correction or interest, this act will constitute a mere liberality, never a waiver of rights.
2.5 REFUNDS
2.5.1 According to the consumer protection code, the customer has the right to repent for contracting products or services made online up to 7 days after the first purchase and will receive a refund of his monthly fee.
2.5.2 NO refunds will be given for additional user plans, additional numbers and upgrades, mentioned in item 2.7 or any other additional ones contracted later, in addition to the one-time SETUP fee.
2.5.3 Credit card purchases in installments will NOT be refunded, since the payment is made in cash by the card operator and the latter will charge the User for the installments.
2.5.4 In case of cash purchase via credit card, the purchase amount will be reversed on your next credit card bill or on the bill of the subsequent month, i.e. from 30 to 60 days, depending on the closing date of your invoice and also on the credit card company.
2.5.5 The refund of the amount paid via boleto bancário will be via current account. As soon as the reimbursement is made in the referred system, the user will receive an e-mail to register the bank account where the reimbursement will be made.
2.5.6 – If a full refund is requested (referring to the setup fee and / or use of the platform in the contracted format), within the legal period, the customer wishing to return to the use of ChatSummary services must wait for the availability of the service provider to open a NEW ACCOUNT and new payment of setup fee and use of the platform in the desired format, since after the request for cancellation of the service is processed, the data referring to the account will be automatically deleted, thus giving rise to new costs related to the implementation of a new account. account.
2.5.7. After reimbursement, if the customer wishes to return the use of the Tool, the accepted payment method will be, necessarily, the bank slip.
2.6 UNSUBSCRIBING
2.6.1 Charging will be stopped upon the User’s request to cancel the subscription with the Website. If there is no cancellation request, the charge will occur automatically for each contracted period.
2.6.2 With the request for cancellation of the subscription, the User’s access to the Tool will be immediately blocked and the automatic billing by ChatSummary and Stripe for the subsequent period will cease, with no refund of installments already paid.
2.7 ADDITIONAL PLANS (UPGRADE)
Additional packages (upgrade) can only be purchased if the main plan (Monthly, Semi-annual, Annual) is paid up to date, otherwise the User will have 7 days after the due date to regularize his condition before purchasing an additional plan.
2.8 DISCOUNT COUPON
The discount coupon delivered by ChatSummary and its partners can be used only 1 (one) time and limited to a single CPF / CNPJ, that is, it is non-transferable and is not cumulative. The discount coupon can only be activated by new subscriptions.
2.9 ACCESS
2.9.1 Access will be granted after payment is identified and after the customer has completed the form with their account information. Access data will be sent via whatsapp or email within 24h, during business hours.
2.9.2 The User has 24/7 access to the Platform as long as he/she is up to date with his/her plan payment, except in special cases of scheduled system maintenance.
2.10 ILLEGAL OR UNETHICAL USE OF THE TOOL BY THE USER
2.10.1 The use of the Tool for the publication, creation, storage and/or dissemination of abusive content, such as texts, photos and/or videos that are defamatory, discriminatory, obscene, offensive, threatening, abusive, vexatious, harmful, that contain expressions of hatred against persons or groups, or that contain child pornography, explicit or violent pornography, content that may be harmful to minors, that contains religious or violent insults or threats, or that encourages moral harm (or that may be harmful to minors), or that contains child pornography, explicit or violent pornography, content that may be harmful to minors, that contains religious or racial insults or threats, or that encourages moral (including bodily) and property damage, or that may violate any third party right.
2.10.2 The use of the Tool for spamming is also prohibited. If it is identified that the user is using the Tool to spam, we reserve the right to block the account, in addition to the user suffering penalties from WhatsApp itself.
2.10.3 ChatSummary aims to automate repetitive processes through WhatsApp, the upload of telephone lists in which the numbers have not contacted the customer of their own free will, are characterized as “unsolicited messages”. Sending such messages may be interpreted as SPAM.
2.10.4 In addition, the User agrees that, when using the ChatSummary system, he/she will not:
a) Violate any rule contained in this Privacy Policy and Terms of Use document;
b) Practicing falsehood, understood as falsehood of information (i.e.: purposeful and voluntary disclosure of information that the User knows to be false or that is notoriously false) and ideological falsehood;
c) Post or transmit any abusive or offensive content in the comments;
(d) committing fraud;
e) Violate or infringe intellectual property rights, fiduciary or contractual rights, privacy or publicity rights of others;
(f) propagating, distributing or transmitting destructive code, whether or not it has caused actual damage;
g) Gather personal or business data, including (but not limited to) e-mail addresses and/or names from any Internet resource, whether managed by ChatSummary or a third party, for commercial, political, charitable or other purposes, without the consent of the owners of such data;
h) Reproduce, replicate, copy, alter, modify, create derivative works from, sell or resell any of the ChatSummary services or any part thereof, including websites and web pages, or the information or data contained in the Tool services;
i) Transmit content that does not belong to the User or that the User has no right to publish or distribute, either under law or contract;
j) Access the Tool without authorization, through hacking practices, password mining or any other fraudulent means or that represents a violation of the rights of third parties;
k) Carry out or encourage any illegal activities;
l) Fail to comply with any applicable laws, standards, rules, principles and regulations.
2.10.8 Violation of any of the rules set forth herein will result in the blocking of access to the Tool, without prejudice to any possible charges for damages.
2.10.9 ChatSummary is not responsible for the content published through the system, and may remove the content from the Internet if it is found to be in violation of this term or third party rights.
2.11 SUPPORT
The Technical Support of the tool will be through our exclusive channel via WhatsApp during business hours, from 8 am to 6 pm from Monday to Friday, to access the online chat go to the Service Center within your account on the ChatSummary platform.
2.12 LEGAL NOTICE ON INTERACTION WITH WHATSAPP
2.12.1 ChatSummary provides an automated service on Platinum and Black plans that connects to the users’ WhatsApp platform. According to WhatsApp’s official documentation, the use of automated or bulk messaging is a violation of its Terms of Service. Therefore, we cannot guarantee that your WhatsApp account will not be blocked or restricted in any way. By using these plans, you assume full responsibility for any consequences resulting from such violations.
2.12.2 By agreeing to these terms, you acknowledge that you understand and accept the risks associated with using our services in relation to your WhatsApp account. ChatSummary will not be held liable for any action taken by Facebook, WhatsApp or any other entity against your account as a result of using our service.
2.13 SHARED ACCESS
2.13.1 Sharing of access data is not allowed under any circumstances, the subscriber may have his access blocked if the system identifies access by different IPs. For blocked accesses, the subscriber will have to wait up to 72 hours for their access to be released again, after analysis by our IT team.
2.13.2 Sharing access data as well as copying and/or distributing content without written authorization from the author is considered piracy. Piracy is a crime and, if identified and proven, the offender will be prosecuted, thus responding to the terms provided by law.
2.14 DATA BREACH
2.14.1 ChatSummary will notify the User/Contractor within 24 hours of becoming aware of an actual or reasonably presumed Data Breach. Such notification will be sent at least by email and/or whatsapp with read confirmation.
2.14.2 ChatSummary will cooperate extensively to facilitate the investigation and remediation of a Data Breach.
2.14.3 ChatSummary will not inform any third party of any Data Breaches without first obtaining the consent of the user/contractor, except as may be strictly required by Privacy Laws.
2.14.4 Details of any complaint received by ChatSummary in relation to the processing of Highly Restricted Data, Personal Data or User Tracking Data will be promptly sent to a business contact of the user/contracting company for scientfication of the occurrence.
2.14.5 ChatSummary will take all necessary and appropriate corrective action under the Privacy Laws to remedy or mitigate any Data Breaches.
2.15 FINAL TERMS AND CONDITIONS
2.14.1 By contracting ChatSummary, the User is fully aware that the system changes daily, and it is not mandatory to communicate prior to each change, unless we deem it necessary.
2.15.2 The User is also fully aware that there is a possibility of encountering “system bugs”, i.e. process failures, as well as experiencing slowness and the inability to use the system for a few hours.
2.15.3 ChatSummary is not responsible for any losses incurred due to unforeseen bugs and / or due to external occurrences that every company is subject to.
2.15.4. If it is detected during the service by the Team responsible for the Tool offense, cursing or any other form of verbal aggression by the Contractor / Client, ChatSummary protects its right to terminate the contract, in the case of active customers, or not make the Tool available to the prospective Client.
2.15.5. In the case of ACTIVE customers, termination or cancellation will be effected in the form of non-renewal of the use of the Tool in the subsequent month.
2.15.6 In addition to all the rules imposed in this document, the User undertakes to prepare and provide its “customers” or “visitors” with the Privacy Policies applied in its own environment, which must be in line with this document, with Law No. 12,965 / 2014 (Marco Civil da Internet) and with the European Data Protection Regulation or GDPR (General Data Protection Regulation).
2.15.7 Whenever there is a change to these Terms of Use and Privacy Policy, the User will be notified by e-mail. After 5 (five) days of this communication, if there is no manifestation, the changes will be considered accepted.
2.15.8 The Brasília/DF court is elected to settle any disputes about the use of the Tool or these Terms of Use and Privacy Policy, waiving the parties any other, however privileged it may be.
2.15.9 If the customer does not accept the terms of use imposed above, the cancellation of the subscription can be requested in our Call Center with the Cancellation sector.
As we are continuously updating the service, it is possible that the legal terms will also be updated. If for any reason you do not agree to these changes, please do not continue using our service. If you continue to use our service, you are accepting our new terms. However, if any conflict arises prior to these changes, it will be managed under these.
