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Terms of Use of the Poli Platform
1. Acceptance of the Terms
1.1. By registering and beginning to use the POLI Platform, whether during the free trial period and/or upon making the first payment, the USER declares agreement with these Terms and with the use of POLI's services.
1.2. Where the USER registers and contracts on behalf of a legal entity, the USER declares having authority to do so on its behalf and declares holding the powers necessary to make the representations set out in these Terms.
1.3. These Terms govern the relationship between POLI and the USER of its services. POLI has no control over or say in the terms, policies, prices or other conditions applied by the applications and software integrated into the POLI Platform. Accordingly, the USER acknowledges that, in order to use such integrated applications and software, the USER must comply with the terms, policies and other rules applicable to the service in question.
1.3.1. Should POLI amend its price schedule, the USER will be informed of the date on which the new amounts take effect, which will then become binding upon all clients, with a minimum of 30 (thirty) days' prior notice of the change. Should the PARTY disagree, the contract must be terminated in accordance with these TERMS.
1.4. The USER will have access to the services set out in the commercial proposal accepted by the USER, upon payment of the amounts agreed therein.
2. Services Covered by the Contract
2.1. Through these Terms, POLI grants the USER a personal, non-exclusive and non-transferable licence to use the POLI Platform, under the terms of the contracted plan, enabling commercial management, including but not limited to a platform for managing customer service and sales through digital communication channels.
2.2. POLI will make available distinct plans, with differentiated features, consumption allowances and billing criteria, in accordance with the price schedule in force and the commercial proposal accepted by the USER. The creation, amendment or discontinuation of plans does not require the execution of a new contractual instrument.
2.2.1. The contracted plan, the number of users and channels, the monthly credit allowance and the applicable amounts are set out in the commercial proposal accepted by the USER, which forms an integral part of these Terms.
2.3. The POLI Platform brings together a range of features, notably the monitoring of customer service interactions, the creation of sales funnels, a payment integrator, the generation of reports and integration with third-party services.
2.4. The POLI Platform will make available integration with third-party systems belonging to POLI's partners, via API. Integration with other systems contracted by the USER may also occur, subject to technical capacity and feasibility.
2.5. Notwithstanding the grant of this licence to use the POLI Platform, POLI retains all intellectual property rights it holds over it, including but not limited to the software engineering, content, images, information, layout, brand, logo and integrated database.
2.5.1. The licence granted does not permit the USER to copy, modify, distribute, sell or lease any part of our services or software. It likewise does not permit reverse engineering or any attempt to extract any part of our source code.
2.5.2. Any of the conduct described in the item above (2.5.1) will give rise to termination of these Terms through the fault of the USER, who will be subject to the penalties set out in this instrument.
3. Clarifications, Definitions and Representations
3.1. POLI will provide only the infrastructure necessary for the integration of third-party services, having no say in or responsibility for the service rendered by the third party. POLI is therefore not a supplier of such services integrated into the POLI Platform, acting solely as a facilitator of their contracting or use.
3.1.1. It must be emphasised that the POLI Platform is not intended to replace the integrated digital communication channel (WhatsApp, Facebook Messenger, etc.), but rather to improve the user experience and add functionality, particularly in relation to high-volume service, the distribution and routing of such service through automatic triage, and the measurement of service performance and of the agents responsible. Likewise, certain features offered by the native applications may NOT be offered by the POLI Platform.
3.2. All operating policies of WhatsApp, Facebook, Instagram and other applications and software covered must be observed by the USER, given that the POLI Platform employs no invisibility algorithm.
3.3. Access to the POLI Platform will be by means of individual login and password. Each login permits a single simultaneous access.
3.3.1. The contracting of additional items — including, without limitation, users, channels, approved numbers and credit packages — will be on a pre-paid basis, and release of the item is conditional upon payment thereof.
3.3.1.1. In the billing cycle in which the item is contracted, POLI will charge the amount of the additional item on a pro rata basis, proportionate to the time remaining in the current billing cycle, so as to maintain the same due date and renewal date for all contracted items.
3.3.1.2. Additional items will be charged at the amounts in force on the date of their contracting or activation, in accordance with the price schedule in force available at poli.digital/tabela-de-precos. Any special commercial conditions granted upon the original contracting do not extend to them.
3.3.1.3. Additional items are subject to a minimum term of 3 (three) complete billing cycles, counted from the first full cycle following their activation, during which they may not be removed, cancelled or downgraded.
3.3.1.4. Additional items within the minimum term will not be taken into account in determining a reduction in the contracted quantity, and the removal criterion set out in item 8.2.1 does not apply to them.
3.3.1.5. Where removal of the additional item is requested, or termination of the contract is effected, before expiry of the minimum term, the amounts corresponding to the remaining cycles remain due and may be charged in advance in the next billing document.
3.3.2. Each user will have a given permission level, and it is the USER's responsibility to configure each of its operators in accordance with the classification set out below:
3.3.2.1. Operator:
3.3.2.1.1. With portfolio
- Views and searches only the chats and contacts within their own portfolio.
3.3.2.1.2. Without portfolio
- Sees the entire contact list.
- Accesses only chats assigned to them, whether ongoing or closed.
- May search for and view contacts assigned to other users, but does not interfere in ongoing chats.
3.3.2.2. Supervisor:
- Views all contacts and chats assigned to the department to which they belong.
- Sees reports only for the specific departments to which they belong.
- May view unassigned chats (as determined by the Manager).
- Does not perform upgrades or configuration changes.
3.3.2.3. Manager:
- Views all chats (assigned or not) and all contacts.
- Performs upgrades and configuration changes of any kind, including but not limited to adding and removing credit packages, users and channels of the POLI Platform.
- Accesses all Platform reports.
- Sees deleted contacts.
- Sees and restores deleted users.
3.4. Updates to WhatsApp, Facebook, Instagram and other applications and software covered are neither the responsibility nor within the control of POLI and, for logical and systemic reasons, may give rise to instability and even disconnections. Such issues are therefore of an uncontrollable nature and entail no responsibility whatsoever on the part of POLI.
3.5. The USER acknowledges that, in the Pay service offered, POLI is responsible solely for the integration between the POLI Platform and the payment application (gateway). The entire financial transaction is carried out exclusively by the payment application (gateway), without any interference from POLI, which does not even collect or record payment data and information, all of which remains the responsibility of the payment application (gateway).
3.5.1. Carrying out transactions through Pay entails the USER's automatic, irrevocable and irreversible acceptance of the obligation to pay a variable fee for the payment method and for the use of other services, as a percentage, per transaction.
3.6. The USER acknowledges that, in order to operate our global service, we must store and transfer data across our systems worldwide, including outside the USER's country of residence. The use of this global infrastructure is necessary and essential to provide our Service. We currently store data in the following countries: Brazil and the United States of America.
3.7. The USER acknowledges that POLI uses third-party resources to provide the service offered, such as Google, PagSeguro, Facebook, WhatsApp and other social networks, applications and integrated software. Should any of these third parties cease to operate, or cease to provide reasonable conditions for the continued provision of the services, POLI may interrupt or cancel the provision of such services, without the USER being entitled to any refund, credit or other compensation.
3.8. The USER permits POLI to include the USER's name in a list of POLI's clients to be displayed on the website poli.digital and in promotional materials.
3.9. The USER acknowledges that the POLI Platform may display pop-ups containing surveys, offers, promotions and relevant product information.
3.9.1. The USER understands and agrees that such communications form an integral part of the Software and may be displayed periodically.
3.9.2. The USER may close or ignore such pop-ups at any time, without prejudice to the operation of the POLI Platform.
3.9.3. POLI reserves the right to tailor the content of such communications based on the Licensee's preferences and activity.
4. Integration via WhatsApp Business API - WABA (Official API)
4.1. Integration of the POLI Platform with the WhatsApp Business API (WABA) service, made available by Meta Platforms, Inc., will be carried out in two distinct stages, namely: (i) onboarding and (ii) verification, in accordance with the provisions below:
4.1.1. Onboarding: onboarding consists of the technical procedure for enabling the USER's telephone number with the official WhatsApp Business API, allowing messages to be sent and received through the POLI Platform.
4.1.2. Verification: verification is an optional procedure, conducted exclusively by Meta, which, once completed, gives the USER access to additional functionality, including but not limited to:
- An increased limit on active contacts;
- Display of a validated commercial name (display name); and
- An increased number of lines linked to the WABA account.
4.2. For verification purposes, the USER must fully meet the requirements imposed by Meta, including but not limited to:
- Submission of valid corporate documentation:
- CNPJ registration certificate;
- A CNAE business activity code compliant with Meta's policies in force;
- Proof of address;
- Maintenance of the USER's own website which:
- Uses a domain owned by the USER (for example: https://companyname.com.br);
- Clearly describes the USER's business;
- Displays, in the footer of the home page, the corporate name and CNPJ of the company to be verified.
- Creation and maintenance of an active account on Meta Business Manager (https://business.facebook.com).
- Existence of a personal Facebook account linked to the legal representative;
- Full compliance with the WhatsApp Business commercial and usage policies, available through Meta's official channels, which may be consulted at https://whatsapp.com/policies/commerce-policy/ and https://www.whatsapp.com/legal/business-policy/
4.3. The USER acknowledges that onboarding and, in particular, verification of the WABA account depend exclusively on Meta's review and approval. POLI has no say, influence or responsibility whatsoever in relation to such processes, their timeframes, criteria or outcomes, and may only advise, direct and act as intermediary in the process.
4.4. Where the USER already holds a WhatsApp number approved for WABA use which is to be connected to the services offered by POLI, the USER must carry out the migration procedure to POLI's infrastructure, in accordance with the applicable technical guidelines.
4.5. Where the USER does not have access to Business Manager (BM), is subject to any restriction, or does not hold a Facebook or Instagram account, POLI will create the BM in order to expedite onboarding. Ownership will subsequently be transferred to the USER's e-mail address. It is the client's responsibility to create the Facebook account and to provide the e-mail address for transfer within the onboarding period.
4.6. Where the USER does not have a telephone number eligible for onboarding, POLI may, on a provisional basis and at its sole discretion, make available a temporary number for training and initial configuration purposes.
5. Credits and Consumption Model
5.1. In addition to the monthly fee for the licence to use the Platform, certain additional services — such as sending messages, voice calls, transcriptions, artificial intelligence analyses, integrations and automatic scheduling — will be charged by means of consumption credits.
5.1.1. The features subject to credit consumption, the proportion of credits consumed by each action and the unit amounts in force are set out exclusively in the public schedule available at https://poli.digital/sistema-de-creditos/, which forms an integral part of these Terms for all legal purposes.
5.1.2. The USER acknowledges that the schedule referred to in item 5.1.1 is dynamic, and POLI may at any time: (i) add new features subject to credit consumption; (ii) remove features from the credit regime; and (iii) change, upwards or downwards, the proportion of credits consumed per action, such that an action which consumed 1 (one) credit comes to consume a greater or lesser quantity, and vice versa.
5.1.3. It is the USER's exclusive responsibility to consult the schedule referred to in item 5.1.1 periodically before using the features subject to consumption, and the proportion and unit amount in force on the date the action is actually performed will apply to each action.
5.1.4. Changes to proportions or unit amounts arising from an increase in third-party supplier costs will be governed by item 5.6; all other changes, arising from POLI's commercial decision, will be governed by the 30 (thirty) days' prior notice set out in item 5.5.
5.2. Credits may be paid on a pre-paid basis, through packages contracted in advance at promotional rates, or on a post-paid basis at higher rates, and represent consumption units enabling the use of the Platform's variable services.
5.3. Consumption of post-paid credits will be based on the USER's actual usage, in accordance with the technical criteria described in the Platform documentation. No chargeback, refund or reimbursement of credits already consumed is permitted.
5.4. Credit packages not used by the USER within the contracted period do not carry over and give rise to no expectation of reimbursement or future compensation.
5.5. Credit amounts may be adjusted or updated by POLI, upon 30 (thirty) days' prior notice, by reason of changes in operating costs, integrations, third-party providers or changes in the policies of integrated platforms.
5.6. Costs charged by third-party suppliers — including, without limitation, Meta Platforms, Inc., telephony, transcription and artificial intelligence providers — being merely intermediated and passed through by POLI, do not form part of POLI's own price schedule and may be passed on to the USER automatically, from the date on which they take effect or in the immediately following billing cycle, without prior notice, so as to preserve the economic and financial balance of the contract.
5.6.1. POLI will notify the USER of the pass-through by means of the registered e-mail address, a notice on the Platform or an update to the schedule referred to in item 5.1.1, whichever occurs first.
5.6.2. The provisions of this item do not apply to changes to POLI's own price schedule, which remain subject to the 30 (thirty) days' prior notice set out in items 5.5 and 8.7.
5.7. Segregated billing and pass-through of Meta Costs.
5.7.1. The USER acknowledges and agrees that the consideration due under these Terms will be billed on a segregated basis, by means of 2 (two) distinct billing documents: (i) the POLI Services Invoice, comprising the monthly fee for the licence to use the POLI Platform, pre-paid credit packages, credits consumed on a post-paid basis, additional items and all other services rendered or intermediated by POLI; and (ii) the Meta Pass-Through Invoice, comprising exclusively the Meta Costs, as defined in item 5.7.2.1 and determined in accordance with items 5.7.3 to 5.7.5.
5.7.2. In its capacity as a WhatsApp Business Solution Provider (BSP), POLI contracts with Meta Platforms, Inc. in its own name and on the USER's account, acting as intermediary in the acquisition and pass-through of the products, channels, features and services charged by Meta, without such intermediation rendering POLI responsible for Meta's policies, rates, metrics, timeframes or technical criteria.
5.7.2.1. Meta Costs means any and all amounts charged by Meta by reason of the USER's use of its products, channels and features, whatever the metric, criterion or charging unit adopted, including without limitation: (i) messages and conversations, by category, type or volume; (ii) voice and video calls, per minute, per call or by any other unit; (iii) artificial intelligence resources, per token, request, processing or equivalent consumption; (iv) fixed, periodic or maintenance charges applied to a number, line, account or channel; and (v) any other charges created, restructured, renamed or replaced by Meta at any time.
5.7.2.2. The current absence of charging by Meta in respect of any given product, channel or feature — such as Instagram and Facebook Messenger — does not constitute contracted gratuity, an agreed commercial condition or a vested right of the USER. Should Meta begin to charge for them, at any time and under any criterion, the corresponding amounts will automatically form part of the Meta Costs and will be passed through in accordance with this clause.
5.7.3. The prices charged by Meta are set by Meta unilaterally and independently, and are published and kept up to date through its official channels, notably at https://www.whatsappbusiness.com/pt-br/products/platform-pricing (or at the web address that may replace it).
5.7.3.1. It is the USER's exclusive responsibility to consult and monitor the sources referred to in item 5.7.3. The prices charged by Meta on the date of actual use will apply to the pass-through, such use being determined on the basis of the usage recorded in POLI's systems and the reports made available by Meta.
5.7.3.2. POLI does not set, fix, guarantee or ensure the maintenance of the prices charged by Meta, nor the continued gratuity of any product, channel or feature, all of which may be increased, reduced, created or restructured at any time, taking immediate effect on the pass-through, without prior notice and without the USER being entitled to any compensation, revision, refund or indemnity. The provisions of item 5.6.1 do not apply to such changes.
5.7.4. The amounts of the Meta Pass-Through Invoice comprise, in addition to the nominal cost charged by Meta: (i) the taxes levied on the intermediation and pass-through transaction; (ii) currency conversion, where the cost is originally denominated in foreign currency; (iii) the exchange spread, the IOF tax and all other banking, foreign exchange and payment method fees and charges; and (iv) the intermediation administrative fee that POLI may charge, where applicable, in accordance with prior notice given pursuant to item 14.2.2.
5.7.5. Where the Meta cost is denominated in foreign currency, conversion into local currency will be based on POLI's effective cost of acquiring the foreign currency, comprising the exchange rate actually applied by the financial institution, the corresponding spread and the charges set out in item 5.7.4. Reference, closing or parity rates published by third parties do not apply.
5.7.5.1. Should Meta begin to invoice in local currency, the conversion charges set out in items (ii) and (iii) of item 5.7.4 will cease to apply, the remainder being maintained.
5.7.5.2. Upon the USER's written request, POLI will make available the calculation record for the pass-through relating to the measurement cycle, indicating the nominal cost charged by Meta, the exchange rate actually applied and the charges levied.
5.7.6. The invoices set out in item 5.7.1 may be issued by different legal entities belonging to POLI's economic group, in which case the USER hereby acknowledges the legitimacy of the charge and the validity of the corresponding tax document, without this constituting novation, contractual assignment or any change to the obligations assumed under these Terms.
5.7.7. The invoices are autonomous as to issuance and due date, yet interdependent as to the contractual object, such that default on either of them constitutes default under these Terms and subjects the USER to the penalties in Clause 9, including the suspension set out in item 9.2.
5.7.8. Credits consumed and Meta Costs will be measured over the period from the first to the last day of each calendar month, irrespective of the invoice due dates.
6. Obligations of the Contracting Party
The USER's obligations are as follows:
6.1. To pay punctually the price due for the use of the services contracted, including any costs for usage in excess, in accordance with the amounts set out in the commercial proposal.
6.2. To inform POLI of any change to its registration details and to carry out the corresponding update, including any change of e-mail address, failing which all notices and communications sent to the addresses initially provided and held on record will be deemed valid.
6.3. To take part in the training offered and to configure the programme/platform and its features in the manner that best meets its needs, opting for what corresponds to its requirements.
6.4. To observe and faithfully comply with these Terms, as well as with the policies, terms, clauses and conditions of the applications and software integrated into the POLI Platform, failing which the penalties set out therein will apply, over which POLI has no say or involvement.
6.5. To answer and be fully liable, both judicially and extrajudicially, and under both domestic and foreign law, for the content of all interactions, information, data and files stored on POLI's servers, particularly as regards infringement of third-party copyright.
6.5.1. Owing to the secrecy and confidentiality it undertakes to maintain in respect of the USER's data, POLI exercises no control over the content of the interactions, information, data and files stored on its servers as a result of the USER's activities.
6.5.2. POLI reserves the right, independently of other situations described in these Terms, and where duly notified of a copyright infringement, to disable or delete information, data or files with allegedly infringing content, as well as to terminate these Terms with USERS who repeatedly face allegations of copyright infringement.
7. Obligations of the Contracted Party
POLI's obligations are as follows:
7.1. To render the service that is the subject of this instrument, in the form and under the conditions set out in the preamble, ensuring the efficiency and proper functioning of the software.
7.2. To provide the USER with adequate training on the POLI Platform, and to act as intermediary in the onboarding procedure for the USER's number with Meta.
7.3. To ensure that the POLI Platform remains stable and available for use, on average, 95% (ninety-five per cent) of the total time in each month.
7.3.1. The stability of the entire POLI Platform is published at the link https://status.poli.digital, available to any internet user holding the access link.
7.3.2. To ensure a delivery rate of 95% (ninety-five per cent) of messages sent, it being understood that a message initially lost but subsequently recovered is deemed effectively delivered.
7.3.3. For the purpose of determining the rates set out in items 7.3 and 7.3.2, the following periods will not be counted: (i) scheduled maintenance, notified to the USER at least 24 (twenty-four) hours in advance; (ii) emergency maintenance necessary for the security, integrity or continuity of the Platform; (iii) suspension of access pursuant to item 9.2; (iv) unavailability, instability, alteration, restriction or discontinuation of third-party services, channels, APIs or infrastructure, notably those of Meta Platforms, Inc., pursuant to items 3.4 and 3.7; (v) failures in the USER's connectivity, equipment, configuration or environment; and (vi) acts of God or force majeure.
7.4. To apply best practices in the processing of personal data and to maintain compliance with the LGPD (Brazilian General Data Protection Law).
8. Price, Term and Adjustments
8.1. This contract takes effect on the date of its execution and will remain in force for 12 (twelve) months, being automatically renewed in the absence of action by the parties.
8.2. The USER will pay POLI, for the provision of the services selected, the amount set out in the price schedule published by POLI on its website (https://poli.digital) and specified in the commercial proposal.
8.2.1. Where the USER holds multiple items of the same contracted service, with different unit amounts, and requests a reduction in the contracted quantity (downgrade), removal will always be carried out by giving priority to the item with the lowest unit amount.
8.2.2. In the event of a reduction of the contracted plan, one further monthly fee will additionally be charged before the price change takes effect.
8.3. Payment of the monthly fee will release use of the POLI Platform for 30 (thirty) days. Should the USER NOT wish to maintain this contract, the USER must inform POLI at least 30 (thirty) days before the due date of the next monthly fee, such communication to be made through the following path via the POLI Platform:
- On the company's home panel: through the menu Company Details > Plan Details > Cancel Subscription.
- In order to effect termination for convenience, the USER must be current with its contractual obligations.
8.4. Formalisation of termination less than 30 (thirty) days before the due date of the next monthly fee authorises POLI to raise and charge one further monthly fee only, with no additional burden beyond the contracted monthly amount, the USER's debt being limited strictly to the regular value of the service rendered up to the end of the notice period. Consequently, the USER may use the Platform for up to 30 days after the due date of that further monthly fee.
8.5. In the event of cancellation requested by the USER after implementation, configuration, onboarding and/or training have been carried out, even within 7 (seven) days of contracting, no amounts paid will be refunded, given that the contracted service will already have been fully or substantially performed.
8.6. The contracted price will be adjusted every 12 (twelve) months, counted from the date of initial registration, by the accumulated variation over the period of whichever index shows the higher percentage as between the IGP-M/FGV and the IPCA/IBGE or, in the absence of both, by another index that replaces them or best represents them.
8.6.1. Where the variation determined pursuant to item 8.6 is below 5% (five per cent) or negative, a minimum adjustment of 5% (five per cent) will apply automatically.
8.7. POLI reserves the right to amend its price schedule unilaterally and, should it do so, must notify all USERS at least 30 (thirty) days in advance, the new amounts taking effect for all USERS from the date notified.
8.7.1. A USER who does not agree with the new amounts must proceed with termination of the contract, in accordance with the path set out in item 8.3.
8.8. Conditional discount.
8.8.1. Any discount granted in the commercial proposal constitutes a concession by POLI, conditional upon punctual payment and upon the USER remaining for the agreed term, and does not form part of the contracted price for any purpose.
8.8.2. The discount applies only to payment made by the due date. An instalment paid late will be due at the full amount, without discount, on which the charges set out in Clause 9 will be levied.
8.8.3. A USER who has received a discount will be subject to a minimum term corresponding to twice the period during which the discount was applied, counted from the first cycle in which it was applied.
8.8.4. Where the contract is terminated or the plan is reduced before expiry of the minimum term set out in item 8.8.3, the USER will reimburse POLI the difference between the full amount and the amount actually paid, determined in respect of each monthly fee that benefited from the discount. The limit set out in item 8.4 does not apply to this situation.
8.8.5. For the purpose of determining penalties, reimbursements, adjustments and other sanctions set out in these Terms, the full amount of the contracted plan, without discount, will always be taken into account.
9. Penalties
9.1. Late payment of any amount due under these Terms will give rise to a penalty of 2% (two per cent) on the amount due, default interest of 1% (one per cent) per month and, for delays equal to or exceeding 30 (thirty) days, monetary restatement calculated by the variation of the IGP-M/FGV from the due date to the date of actual payment, including where payment is made through judicial proceedings.
9.1.1. A delay exceeding 30 (thirty) days will give rise to referral of the debt for collection, at which point legal fees of at least 10% (ten per cent) will be charged for extrajudicial collection, together with registration with credit protection services such as Serasa and Notary Protest Offices, the charges and expenses of registration and removal being the USER's responsibility.
9.1.2. Where, for any reason, any amount due under these Terms is paid late and/or without the inclusion of the penalty, interest and monetary restatement, the obligation will not be deemed fulfilled, and POLI is authorised to include the missing amounts and/or unpaid additions in the following bank slip.
9.2. Late payment of any amount due authorises POLI to suspend the USER's access to the Platform from the 2nd (second) day counted from the relevant due date, without further notice, the suspension remaining in place until confirmation of payment in full of the debt and of the charges set out in item 9.1.
9.2.1. Suspension may be partial or total, at POLI's sole discretion, covering access to the Platform, the sending and receipt of messages and the use of any features and integrated channels.
9.2.2. During the suspension, the monthly fees and other amounts for the period remain fully due, with no reduction, discount, set-off or extension of time by reason of the resulting unavailability, and the suspension period will not be counted for the purpose of the rate set out in item 7.3.
9.2.3. Suspension does not cure the default, does not constitute novation and does not prevent the adoption of the collection measures set out in item 9.1.1.
9.2.4. Once payment in full is confirmed, access will be restored within 1 (one) business day, with no reactivation fee.
9.2.5. Termination of the contract will occur after 30 (thirty) consecutive days of default, upon automatic notice to the registered e-mail address, the overdue amounts, penalty, interest and charges set out remaining enforceable, without prejudice to the charge set out in item 8.4.
10. Maintenance and Storage of Data
10.1. Information stored by POLI as a result of the USER's interactions is covered by the secrecy and confidentiality clause, and POLI may not disclose such information to third parties, save in the case of any form of court order, request or determination, or of an order, request or determination from public authorities for the purpose of clarifying facts and/or circumstances and/or supporting an ongoing investigation, inquiry and/or complaint.
10.2. Where these Terms cease to be in force at the initiative of either party, all interactions, information and files that may have been stored by the USER will be automatically deleted, definitively and irreversibly, with no possibility of recovery, 30 (thirty) days after the end of the contract.
11. Limitations of Liability
11.1. In relation to the service rendered, POLI:
11.1.1. Is not liable for any infringement by the USER of the terms, policies and conditions of use of the applications and software integrated into the POLI Platform. The USER must keep itself informed of such terms, policies and conditions and comply with them faithfully in order to avoid penalties and loss of the account.
11.1.2. Is not liable, in any respect, for the content of the messages sent, such liability being solely and exclusively that of the USER, who is aware of the need for messages to comply with the law, good faith and good practice, as well as with the Terms of Use and Privacy Policy of both POLI and the application/digital channel used to send the message.
11.2. Should POLI be held liable, whether civilly or criminally, for any loss arising from infringement of these Terms by the USER's proven and exclusive act or omission, POLI will have a right of recourse against the USER, without prejudice to direct losses and damages to be determined through due process of law.
11.3. Under no circumstances will POLI, its affiliates and its shareholders, board members, officers, employees or licensors be liable (individually or jointly) to the user for any personal injury or for any losses or damages (actual, special, indirect, remote or otherwise recognised under applicable law), 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 POLI) assumes the full cost of all servicing, repair or correction necessary in the event of any of the losses or damages referred to above. The user assumes the risk of using the site, as well as full responsibility for implementing such data backup and virus scanning procedures as the user deems necessary.
12. Brazilian General Data Protection Law
12.1. For the purposes of Law No. 13,709/2018 (LGPD), the USER will act as Controller of the personal data processed through the Platform. POLI will act as PROCESSOR, processing personal data solely and exclusively in accordance with the Controller's instructions, and never for its own purposes, save where necessary to comply with legal or regulatory obligations.
12.2. POLI will process personal data only in accordance with the USER's documented instructions, including those set out in this contract, internal policies, approved integrations and Platform configurations. Any processing carried out outside those instructions will be deemed irregular.
12.3. POLI may process, on the USER's behalf, the following personal data:
- USER account data (name, e-mail, telephone, CPF/CNPJ, photograph);
- address book contacts;
- messages exchanged with customers through integrated channels (WhatsApp, Messenger, Instagram, etc.);
- files, records and metadata generated on the Platform;
- information about the USER's computer, including IP address, geographic location, browser and operating system type and version;
- browsing data, necessary cookies and technical access data;
- other data submitted, collected or handled by the USER in the context of customer service, support and sales activities.
12.4. POLI, in its capacity as PROCESSOR, undertakes to:
- adopt appropriate technical and administrative measures to ensure the security, integrity, confidentiality and availability of the data;
- ensure the segregation of environments, access control, strong authentication, logs and traceability of operations;
- ensure encryption at rest and in transit, wherever applicable;
- implement mechanisms to prevent loss, leakage and unauthorised access;
- keep authorised personnel bound by confidentiality undertakings;
- prevent any unauthorised access to the data processed on the USER's behalf;
- not use the data for its own purposes, save where provided for by law.
12.5. POLI will assist the USER in responding to data subject requests set out in Article 18 of the LGPD, including:
- confirmation of processing;
- access;
- correction;
- anonymisation;
- portability (where applicable);
- erasure;
- information on sharing.
12.6. The USER is ultimately responsible for assessing and deciding on responses to data subject rights, and POLI must act in accordance with the USER's instructions.
12.7. In the event of a security incident that may give rise to relevant risk or harm to data subjects, POLI must notify the USER immediately, within 48 (forty-eight) hours of becoming aware of the fact, providing the information available regarding:
- the nature of the data affected;
- the data subjects impacted;
- the containment measures adopted;
- the mitigation measures;
- recommendations to the Controller.
12.8. POLI must cooperate with the USER and with the competent authorities, providing the information and technical support necessary for:
- risk analyses and impact assessments (DPIA);
- reasonable compliance audits;
- security verification, where requested by the Controller.
12.9. The data collected may be used for the identification of terrorism, for sharing with security agencies pursuant to the relevant legal request, and for sharing with administrative and judicial authorities within the scope of their powers.
12.10. The USER consents that all personal data requested and collected are strictly necessary for the purposes intended under this contract. The USER authorises the sharing of its data, for the purposes described in this clause, with legally legitimate third parties in order to defend the interests of POLI as well as of the USER.
12.11. Once the contract has ended, the personal data processed on the USER's behalf will be stored for the period set out in item 10.2 and, after that period, erased definitively, irreversibly and securely, save where necessary to comply with legal or regulatory obligations.
12.12. POLI will be liable for damages arising from data processing carried out in breach of this contract, of the USER's instructions or of applicable law, where its fault is proven, without prejudice to the obligation to report and mitigate incidents and to indemnify direct damages demonstrably suffered by the USER.
13. Choice of Forum
13.1. The parties elect the courts of the city of Goiânia, State of Goiás, Brazil, to settle all questions or disputes arising from the performance of this instrument.
13.2. These Terms were originally drafted in Portuguese. Any translations into other languages are made available solely to facilitate the USER's understanding and do not constitute an autonomous version. The Portuguese-language version prevails in full in the event of divergence, doubt as to interpretation or conflict.
14. Amendment of these Terms
14.1. These Terms are identified by version number and effective date, and their full and current version remains available at https://poli.digital/termos-e-condicoes-da-plataforma-poli/.
14.2. POLI may amend these Terms at any time, for legal, regulatory, technical, operational or market-related purposes, the new version taking effect on the date of its publication at the address indicated in item 14.1, with the corresponding version identification and effective date.
14.2.1. Amendments that do not entail a price increase, a material reduction in functionality, a restriction of the USER's rights or an extension of its obligations — such as correction of material errors, drafting adjustments, renumbering, reorganisation of items, clarifications, updating of references and incorporation of features already made available — will take effect upon publication, with no need for individual notice to the USER.
14.2.2. Amendments that entail a price increase, a material reduction in functionality, a restriction of the USER's rights or an extension of its obligations will be notified by registered e-mail or by notice on the Platform at least 30 (thirty) days before they take effect.
14.2.3. Amendments arising from a legal or regulatory determination or from a determination by a competent authority, as well as those necessary to reflect requirements or changes imposed by third-party suppliers, will take effect immediately, with simultaneous notice to the USER, and the period set out in item 14.2.2 does not apply.
14.2.4. POLI will maintain, at the address indicated in item 14.1, a history of previous versions of these Terms and a record of the amendments made, available for the USER's consultation at any time.
14.2.5. Amendments to the schedule referred to in item 5.1.1 will be governed by the specific regime in item 5.1.4, and the provisions of item 14.2.1 do not apply to them.
14.3. Continued use of the Platform after the new version takes effect constitutes the USER's full acceptance of it.
14.4. In the case set out in item 14.2.2, a USER who does not agree with the new version must terminate the contract in accordance with item 8.3 before it takes effect, the previous version remaining applicable until the end of the notice period.
14.5. POLI will maintain an electronic record of acceptance of each version, containing the date, time, IP address and identification of the user responsible, which will constitute evidence of the USER's declaration of intent for all purposes.
15. Assignment
15.1. The USER may not assign, transfer, sub-license or otherwise dispose of, in whole or in part, the rights and obligations arising from these Terms without POLI's prior express written consent.
15.2. POLI may, at its sole discretion and without the need for the USER's consent, assign or transfer, in whole or in part, the rights and obligations arising from these Terms, as well as the receivables resulting from them, to: (i) companies belonging to its economic group; (ii) parent, subsidiary or affiliated companies; and (iii) successors on any basis, including as a result of corporate reorganisation, merger, amalgamation, spin-off, conversion, or disposal of equity interest or of a business establishment.
15.2.1. The assignment set out in this item will not alter the commercial conditions contracted and will be notified to the USER by registered e-mail.
15.3. A change in POLI's shareholding structure or control does not constitute grounds for termination of the contract, nor does it entitle the USER to any indemnity, refund or renegotiation.
Last updated: August 2026.
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