Terms of use

1. Identification, scope and contractual documents

The services are provided by TOLV12 TECNOLOGIA LTDA, trade name Tolv, registered with Brazilian CNPJ under No. 10.975.022/0001-20, located at Av. Carlos Gomes, 111, suites 1101 to 1105-A, ZIP Code 90480-003, Porto Alegre, RS, Brazil, and reachable through the website and the channels provided during contracting.

As applicable, the agreement includes these Terms, the proposal or order form, the Privacy Policy, Cookie Policy, Payment Methods, and any Data Processing Agreement, SLA or specific condition accepted in writing. In case of conflict, a specifically negotiated condition prevails, followed by the proposal or order form, the Data Processing Agreement, these Terms and the other policies, always subject to mandatory law.

2. Acceptance, authority and electronic evidence

By subscribing, creating an account, selecting an acceptance option or using the services, the user represents that they have legal capacity and, when acting for a company, authority to bind it. Persons under 18 may not subscribe to or administer accounts without legal representation and Tolv’s express authorization.

Tolv may record the accepted version, date, time, account, user, IP address and technical events related to acceptance. These records and other lawful electronic means may evidence the agreement. The customer must retain the proposal and the applicable version of the documents made available.

3. Trials, beta versions and pre-release features

Trial accounts may be offered for the period and limits stated in the offer and are intended solely for evaluation. Intensive commercial, abusive or incompatible use may result in limitation or termination.

Applications and beta, experimental or pre-release features may differ from the web version, contain defects, change, receive limited support or be suspended or discontinued. They must not be the sole means used for critical processes, and the customer must preserve important data.

4. Account, credentials and supported environments

The customer is responsible for registration data, users, permissions, content, settings and activities performed in its account. Credentials, tokens and API keys must be protected and may not be improperly shared. Tolv must be notified immediately of suspected access, lost credentials or account compromise.

The platform is developed and tested on current, officially supported versions of Google Chrome, Mozilla Firefox, Microsoft Edge and Apple Safari. Installations, widgets, applications, software, operating systems or components outside documented environments may behave unexpectedly; consult the documentation and support before using them.

To the extent permitted by law, Tolv is not liable for failures caused by improper or unintended installation, configuration or use outside officially supported environments. In a supported environment, the customer must report a potential error and provide records and information reasonably required for investigation, without limiting mandatory legal rights.

5. Acceptable use

The services may not be used for unlawful, fraudulent, abusive, discriminatory or offensive activity, activity harmful to third parties, or activity capable of compromising the security, stability, cost, reputation or operation of Tolv or third parties, including:

• impersonating third parties, creating false accounts, claiming nonexistent authority or falsifying registration data;
• sending spam, messages without a legal basis, malware, malicious content, dangerous files or fraudulent links;
• collecting, processing or sharing data without the applicable legal basis, transparency, consent or authorization;
• accessing or testing accounts, data, systems, APIs or networks without permission, circumventing limits or interfering with availability;
• copying, reselling, sublicensing, reverse engineering, scraping, public benchmarking or unauthorized exploitation of the platform;
• using automation, integrations, channels or AI in violation of consumer rights, messaging rules, intellectual property, trade sanctions or third-party policies.

6. Customer content, operational license and confidentiality

The customer retains its rights in data, messages, files, marks, knowledge bases and other content it submits. It represents that it holds the required rights and authorizations and grants Tolv, during the agreement, a limited, non-exclusive, worldwide license to host, copy, transmit, display and process that content solely to operate, protect, support and provide the services.

Each party will protect the other party’s confidential information with reasonable care and use it only for the contractual relationship. Information is not confidential if it became public without breach, was already lawfully known, was lawfully received from a third party or was independently developed.

Disclosure is permitted to employees, providers and authorities who need to know and are subject to confidentiality duties, or when required by law or a valid order. Where legally permitted, the affected party will be notified in advance.

7. Automation and artificial intelligence

The customer defines and is responsible for content, prompts, knowledge bases, flows, integrations, responses and automated actions. AI output may be inaccurate, incomplete, similar to third-party content or unsuitable for the context and must be reviewed by a qualified person before external use or a material decision.

Features may not be used as the sole basis for decisions with legal or material effects in healthcare, credit, employment, safety, education or fundamental rights unless permitted by law and supported by appropriate governance, transparency, human review and controls. Sensitive data, secrets or third-party content may only be submitted with authorization and settings consistent with the documentation.

8. Personal data and processing instructions

The Privacy Policy describes processing performed by Tolv as controller. For data submitted by the customer, Tolv generally acts as processor and the customer as controller, and the customer is responsible for purpose, legal basis, transparency, data subject rights and lawful instructions.

These Terms and documented settings constitute general processing instructions. Additional conditions may be documented in a Data Processing Agreement. Tolv may use subprocessors and make international transfers through mechanisms permitted by applicable law, as described in the Privacy Policy.

Tolv will reasonably cooperate with data subject requests, authority inquiries and impact assessments related to the services, considering its role, the nature of the request, available resources and any previously disclosed cost for extraordinary work.

9. Security and incidents

Tolv adopts technical and administrative measures appropriate to service risks. The customer must manage access, authentication, devices, integrations, exports and copies under its control and maintain its own security and continuity procedures.

After confirming a security incident involving customer data, Tolv will notify the customer without undue delay and progressively provide reasonably available information so each party can meet its legal duties. A notice does not constitute an admission of fault or liability.

10. Third-party services and channels

Integrations, WhatsApp/Meta, email, payments, cloud, AI, APIs, analytics and other external services are governed by their own terms and may change prices, policies, limits or availability. Tolv does not control third-party decisions and is not liable for events exclusively caused by them, but this allocation does not exclude Tolv’s mandatory liability for its own conduct or for vendor selection and management when required by law.

11. Support, maintenance, availability and force majeure

Tolv may perform maintenance, corrections, improvements and infrastructure changes. Unless a written SLA applies, services are provided as available, without a guarantee of uninterrupted operation or a maximum resolution time; incidents are prioritized based on impact, evidence and subscribed plan.

Neither party is liable for delay or failure caused by an unavoidable event outside its reasonable control, such as disaster, conflict, government action, widespread power or telecommunications outage, systemic unavailability of an essential provider or a large-scale attack, provided it takes reasonable mitigation measures and resumes performance when possible.

12. Plans, fair use and service changes

Plans may limit users, messages, tickets, contacts, storage, credits, APIs, integrations, automation, channels and other offer items. Incompatible, excessive use or use capable of affecting security, cost or performance may result in proportional limitation, previously disclosed additional charges, plan migration or suspension.

Tolv may evolve, replace or discontinue features. A material change that reduces a contracted essential feature will be communicated with reasonable advance notice where possible, preserving the paid period or allowing cancellation without a future-period charge, except for urgent security or legal changes or changes imposed by third parties.

13. Prices, taxes, renewal and adjustments

Amounts, billing cycle, due date, allowances and conditions appear in the proposal, offer, panel or Payment Methods page. Applicable taxes and excess usage may be charged. A recurring subscription renews for equal periods until cancellation unless a different written condition applies.

Prices may be adjusted on the subscription anniversary or changed with reasonable advance notice under the index or criterion stated in the proposal or notice. A change does not apply to a period already paid. The customer may dispute a charge through financial channels without withholding undisputed amounts.

14. Suspension and reactivation

Tolv may suspend all or part of an account for nonpayment, security risk, prohibited use, legal order or material breach. Where the risk permits, Tolv will provide notice and reasonable time to cure; immediate suspension may occur to contain harm, fraud, an incident, a legal violation or impact on third parties.

After cure or payment, reactivation will occur within a reasonable technical period, subject to financial confirmation, account integrity and no other ground for suspension. Suspension does not extinguish overdue amounts and does not prevent an export that can be made safely without increasing the risk.

15. Cancellation, withdrawal and refunds

The customer may request cancellation at financeiro@tolv.io or through another electronic method made available by Tolv. The request takes effect on the date its receipt can be evidenced, and Tolv will send a protocol or confirmation; access may remain available through the paid period unless immediate closure is requested or required for security.

Where consumer law applies, mandatory withdrawal rights, exercise methods and refunds will be honored. Outside those circumstances, amounts for periods already started, services performed, activations, consumption or excess use are nonrefundable unless a different offer or written condition applies.

Lack of use does not cancel the subscription. No new periods will be charged after the effective cancellation date, except for overdue amounts, the current period as contracted and usage incurred before closure.

16. Termination by Tolv and export

Tolv may terminate for an uncured breach, prolonged nonpayment, fraud, serious risk, legal order or service discontinuation. Except in an emergency or where legally prohibited, Tolv will notify the customer and provide reasonable time to cure or export.

Before closure, the customer must export the data it wishes to retain. Tolv may provide an additional export window depending on technical conditions, security, plan and financial status, without guaranteeing permanent availability after termination.

17. Retention, deletion and records

After termination, data may be deleted, anonymized, blocked or retained as required for legal, tax, regulatory, security, audit, fraud prevention, billing, backup and rights-enforcement purposes, as described in the Privacy Policy.

Access, acceptance, authentication, change, communication and event logs may be preserved for the statutory period or as required to protect rights. Backups follow technical cycles and do not constitute permanent archival services or a guarantee of individual restoration.

18. Intellectual property, feedback and metrics

The Tolv platform, marks, code, interfaces, documentation and materials remain owned by Tolv or its licensors. The agreement grants only a limited, non-exclusive, non-transferable right, revocable in the circumstances stated in these Terms, during the term and for subscribed internal use.

Tolv may use suggestions and feedback without compensation and without disclosing confidential information. Tolv may generate aggregated metrics and effectively anonymized data for security, capacity, statistics and service improvement without identifying the customer or data subjects.

19. Warranties and purpose

To the extent permitted by law, Tolv does not warrant fitness for a particular purpose, a commercial outcome, absolute absence of defects or undocumented compatibility. Information, reports and automation support the customer’s operation, and the customer remains responsible for decisions and validation. Mandatory warranties and rights are not excluded.

20. Indemnification for misuse

The customer will indemnify Tolv for losses, costs, assessments and third-party claims directly arising from unlawful content, prohibited use, breach of these Terms, unlawful data processing, intellectual-property infringement, spam, settings or integrations under its control, to the extent of its responsibility.

Tolv will provide notice of a claim within a reasonable time, allow participation in the defense and will not settle a claim imposing a nonmonetary obligation on the customer without consent, which will not be unreasonably withheld. The customer must cooperate and may not assume obligations for Tolv without authorization.

21. Limitation of liability

To the fullest extent permitted by law, neither party is liable for indirect, special or consequential damages, loss of opportunity, revenue, reputation or lost profits that are not the direct and immediate result of the breach.

Where legally permitted, Tolv’s aggregate liability related to the services is limited to the total amount actually paid by the customer in the 12 months preceding the event giving rise to liability, or a different limit expressly stated in the proposal. The limit does not create liability that would not otherwise exist.

The limitations do not apply where prohibited by law, including in cases of willful misconduct or fraud, and do not reduce mandatory consumer or data-subject rights. Payment obligations, prohibited use, intellectual-property or confidentiality violations and customer indemnification remain subject to applicable law and specific conditions.

22. Notices and updates to the Terms

Operational, financial, legal and security notices may be sent to registered contacts, the dashboard, financial portal, chat or other provided channels. The customer must keep its information current; formal notices to Tolv must use the channels stated in these Terms or the proposal.

Material changes to these Terms will be notified with reasonable advance notice and state their effective date. If a change reduces a material contractual right, the customer may cancel before it takes effect without a future-period charge. Corrections and urgent legal or security changes may take effect upon publication. Version history and date will be maintained on the website.

23. Term, assignment and general provisions

These Terms remain effective while access, an account or an outstanding obligation exists. Tolv may assign the agreement in a corporate reorganization, transaction involving its assets or to a company capable of performing the obligations, with notice. The customer may not assign without written authorization, except for a mandatory right.

Tolerance is not a waiver; invalidity of one provision does not affect the others; and obligations that by nature should survive, including payment, confidentiality, intellectual property, data, indemnification and liability, remain after termination. The identified documents form the entire agreement on their subject matter.

24. Law, dispute resolution, language and contact

Brazilian law applies. Before litigation, the parties will seek resolution through support channels for at least 15 days, except for urgent relief. Courts in Porto Alegre, RS, are selected, without prejudice to a consumer’s mandatory venue or other non-waivable jurisdiction.

The Portuguese version prevails if translations differ, subject to mandatory law. Questions and notices may be sent through the website form, chat, financeiro@tolv.io or the channel stated in the proposal; privacy communications must use the channel in the Privacy Policy.