Terms and Conditions of Use

The website http://dev.agendaexpressa.app and all material contained therein constitute, as applicable, copyrights, trade secrets, and/or property rights of WanPilot LLC, with contact address at 806 Verona St Ste 1, Kissmmee FL 34741, United States, Brazil, hereinafter referred to as WANPILOT, holder of the intellectual property over software, website, applications, content and other assets related to the platform http://dev.agendaexpressa.app.

USER means the individual or legal entity, qualified and registered with WANPILOT through any of its service portals.

The platform/website/application hosted at http://dev.agendaexpressa.app or accessible through installable software on the USER's own device, hereinafter referred to as the SYSTEM, is considered a services portal offered to the USER by WANPILOT. These services may be acquired subject to individual contracting and payment.

Through these TERMS OF USE, the USER is made aware of all the conditions for using the SYSTEM, which may be changed at any time at WANPILOT's discretion.

1. Purpose

1.1. The platform aims to license the use of its software, website, applications and other assets owned by WANPILOT, providing tools to assist and streamline its USERS' day-to-day operations.

1.2. Through this instrument, the USER contracts the features and services made available by the SYSTEM in order to maintain an automated appointment-scheduling assistant (bot). To do so, the USER will have access to integrating their WhatsApp account with our bot, which will act strictly in accordance with the settings configured by the USER.

1.3. Information and data concerning scheduled business hours (SCHEDULE), appointments, blocks or cancellations entered automatically or manually into the SYSTEM are the USER's responsibility. The USER represents that such information is truthful and provided solely on their own behalf.

2. Registration and Cancellation

2.1. Access to the SYSTEM's features requires prior registration and, depending on the services chosen, payment of a given amount.

2.2. By registering, the USER expressly declares and warrants that they are at least 18 years old and fully capable, and may freely exercise and enjoy the services.

2.3. By registering with the SYSTEM, the USER acknowledges that, of their own free will, they adhere to, accept and agree with these TERMS OF USE and other documents referenced herein. Use of any of the services offered implies full and unrestricted understanding, acceptance and adherence by the USER to the TERMS OF USE. If the USER does not agree with the provisions of this instrument, the USER must not use the SYSTEM.

2.4. To register, the USER provides personal data, a contact email and chooses a personal password that will grant access to the SYSTEM. The SYSTEM will carry out all necessary communications through the registered email.

2.5. By accepting the Terms and Privacy Policy, the USER expressly authorizes the platform to collect, use, store, process, transfer or otherwise use information derived from the use of the services, the SYSTEM and any platforms, including all information provided by the USER when registering or updating their registration, in addition to other information expressly described in the Privacy Policy that must be authorized by the USER.

2.6. The USER may, at any time, request the cancellation of their registration with the SYSTEM. Deregistration will be carried out as soon as possible, provided there are no outstanding debts.

2.7. Any suspension, deletion or deactivation of a registration by WANPILOT shall occur without the need for prior notice to the USER. Unilateral cancellation may occur in one of the following cases:

A. Breach by the USER of any of the clauses of these TERMS OF USE.
B. To maintain the integrity of the SYSTEM.

In both cases, cancellation of the services will not give rise to any payment or reimbursement to the USER.

3. Guidelines and Operation of the System

3.1. All technical solutions available to WANPILOT will be used to allow access to the SYSTEM 24 (twenty-four) hours a day, 7 (seven) days a week. However, browsing the platform or any of its pages, or the responses from the assistant bot, may be interrupted, limited or suspended for updates, changes or any action necessary for its proper operation.

3.2. WANPILOT may change the form and content of the services offered by the SYSTEM at its sole and exclusive discretion and at any time, without any prior notice to the USER.

3.3. By agreeing to these TERMS OF USE, the USER declares that they agree to be identified by WANPILOT's systems and its partners, such as, for example, through the use of COOKIES and/or other technologies to improve and enhance the services offered, the COOKIE POLICY being an integral part of these terms.

3.4. By agreeing to these TERMS OF USE, the USER declares that they agree to and adhere to the PRIVACY POLICY.

4. Contracting and Payment

4.1 Contracting the service, as well as subscribing to any plan, may be done by the USER directly through the SYSTEM or on the page of a partner institution, where the available options, prices and plans will be described. After the contract is finalized, access to the SYSTEM will be released within a maximum of 48 (forty-eight) business hours.

4.2 Contracting monthly, annual and multi-account plans:

A. Monthly plans will be charged a fixed amount every month through a partner institution's payment platform.
B. Annual plans will be charged a fixed amount every 12 months through a partner institution's payment platform. Annual plans will be offered with discounts compared to monthly plans in exchange for the customer's commitment for the plan period.
C. Multi-account plans may be charged monthly or annual amounts depending on offer availability. This plan differs from the others in that it will have a main USER responsible for managing sub-accounts. The main account shares its resources with its respective sub-accounts. It is recommended for managers of teams of appointment-based service providers.

4.3 Contracting "additional resources"

A. "Additional resources" will have a value determined based on the package the USER selects in the SYSTEM or on the sales page, and the amount equivalent to the resources and features selected at the time of contracting will be charged.
B. "Additional resources" will only be made available once payment is confirmed by a partner institution's payment platform. There will be a maximum period of 48 hours for the resource to be made available in the USER's account.

4.4 Activation and use of "additional resources"

A. Activation of "additional resources" may be done by the USER themselves in the SYSTEM's logged-in area, or by a WANPILOT employee at the USER's request.
B. From the moment the USER requests, confirms or activates the use of "additional resources", the deadlines or limits for the use of the contracted resources will begin to apply.
C. "Additional resources" will be available in the USER's account for a minimum period of 12 months, or until the USER decides when to activate these resources, whichever occurs first.

4.5. The platform reserves the right to unilaterally adjust, at any time, the prices of the services or products without prior consultation with or consent from the USER. The adjustment will be based on economic and market factors, and at least once a year based on the General Market Price Index (IGP-M) or any index that may replace it.

4.6. The prices applied are those in effect at the time of contracting.

4.7. Prices are stated in Brazilian reais (R$) and do not include additional fees or costs such as installment charges or others, which are specified separately and disclosed to the USER before finalizing the contract.

4.8. When contracting, the SYSTEM may request the USER's financial information, such as taxpayer ID number, billing address and card details. By entering their data, the USER agrees to be charged, according to the payment method chosen, the prices then in effect and disclosed at the time of contracting. Financial data may be stored to facilitate future access and contracting.

4.9. Contracting of the services will be automatically renewed by the SYSTEM, regardless of any communication to the USER, through periodic charges using the same payment method indicated by the USER when contracting the service.

4.10. The USER may cancel the service contract in accordance with the terms defined at the time of contracting. Additionally, the USER may also cancel the services within up to 7 (seven) days after contracting, by contacting one of the support channels, in accordance with the Brazilian Consumer Protection Code (Law No. 8,078/90).

4.11. The service may be canceled by:

A. the user: under these conditions, the services will only cease once the cycle in effect at the time of cancellation has been completed;
B. violation of the TERMS OF USE: the services will cease immediately.

5. Responsibilities

5.1. WANPILOT is responsible for:

A. Providing technical support to the USER by email, online chat or telephone, with quality and standards in line with the market.
B. Keeping available to the USER, for the duration of this agreement, all information relating to appointments recorded in the last 6 months for any historical inquiries.
C. Being responsible for information disclosed by WANPILOT itself, with comments or information disclosed by USERS being the sole responsibility of said USERS.
D. Correcting defects and flaws found in the service offered, provided WANPILOT caused them.
E. Providing the contracted services in accordance with these TERMS OF USE.

5.2. The USER is responsible for:

A. Ensuring that their equipment is compatible with the technical characteristics required to use the SYSTEM and services.
B. Always providing complete, up-to-date and valid information, being solely responsible for keeping such information updated, as well as ensuring the truthfulness and accuracy required for the service to function.
C. Keeping their registration and access data for the SYSTEM confidential and secure, not disclosing them to third parties, and being fully responsible for any use made of them.
D. Making correct use of the SYSTEM within the conditions of the contracted services, valuing good coexistence, respect and courtesy between the parties.
E. Checking their appointments recorded in the SYSTEM daily and directly and adequately providing the services agreed with their end client.
F. Contacting WANPILOT through any available channel if discrepancies are found in their schedule or in the SYSTEM's information.
G. Assuming all responsibilities arising from their acts and conduct as a USER of the SYSTEM, and also being liable for any act carried out on their behalf through their personal access password.
H. Periodically checking for changes to these TERMS OF USE. Acceptance, even if tacit, of the changes by the USER occurs through continued use of the SYSTEM. In case of disagreement, the USER may deactivate their registration at any time, provided there are no outstanding debts.

5.3. The USER is expressly prohibited from:

A. Registering with false information or information belonging to third parties.
B. Sending files with computer viruses, or invasive or destructive content, or content that may cause temporary or permanent damage to the recipient's equipment.
C. Transmitting or sending information belonging to third parties.
D. Connecting or linking WhatsApp accounts belonging to third parties.
E. Using false computer, network or email addresses.
F. Assigning, selling, renting or transferring, in any way, the account, which is personal and non-transferable.

6. Limitation and Exclusion of Warranties and Liability

6.1. WANPILOT guarantees the availability of the service, except for the following situations: acts of God or force majeure; actions by third parties that prevent the provision of the service; interruption by internet service providers; technical and/or operational maintenance requiring the temporary shutdown of the SYSTEM or preventing access to it, as well as any other factors beyond WANPILOT's control.

6.2. The warranty of the quality of results obtained from using the service is limited to the subject matter of this agreement, and WANPILOT is not responsible for data entered into the SYSTEM and/or not properly verified by the USER.

7. Secrecy and Confidentiality of Data and Information

7.1. WANPILOT undertakes to protect the USER's privacy, committing to never disclose or use it in a manner inconsistent with the scope of this agreement, except with the USER's express and documented authorization or by court order.

7.2. The provisions contained in the respective Privacy Policy and Cookie Policy will be made available to all interested parties on the SYSTEM's page.

8. Usage Rights

8.1. These TERMS OF USE grant USERS a non-exclusive, non-transferable and non-sublicensable license to access and use the SYSTEM and the services made available.

8.2. The structure of the SYSTEM and other related pages, trademarks, logos, trade names, layouts, graphics and interface design, images, illustrations, photographs, presentations, videos, written, sound and audio content, computer programs, databases, transmission files and any other information and property rights of WANPILOT, in accordance with the terms of the Brazilian Industrial Property Law (Law No. 9,279/96), Copyright Law (Law No. 9,610/98) and Software Law (Law No. 9,609/98), are duly reserved.

8.3. These TERMS OF USE do not assign or transfer any right to the USER, so access does not create any ownership right for the USER, except for the limited license granted herein.

8.4. Use of the SYSTEM by the USER is personal, individual and non-transferable, and any unauthorized use, whether commercial or non-commercial, is prohibited. Such uses will constitute a violation of WANPILOT's property rights, punishable under applicable law.

9. Sanctions

9.1. Without prejudice to other applicable legal measures, WANPILOT may, at any time, warn, suspend or cancel the account of a USER:

A. who violates any provision of these TERMS OF USE;
B. who fails to comply with their duties as a USER;
C. who engages in any fraudulent or willful conduct, or conduct that offends third parties.

10. General Provisions

10.1. Failure to comply with the obligations agreed to in these TERMS OF USE or with applicable law may, without prior notice, give rise to immediate unilateral termination by WANPILOT and the blocking of all services provided to the USER.

10.2. Any change made to these TERMS OF USE by WANPILOT, provided it occurs after the USER's registration, will be published on the SYSTEM's page and may be communicated through the email address provided by the user at the time of registration.

10.3. The content of these TERMS OF USE will be presented at the time of the USER's registration, and the USER may not subsequently claim ignorance of the conditions expressed herein.

10.4. Brazilian law will apply in full to the resolution of disputes arising from this instrument.

10.5. The courts of WANPILOT's domicile are elected to settle any disputes arising from this instrument, waiving any other, however privileged it may be.

July 3, 2023. WanPilot LLC