Who we are: LOOP Tecnologia LTDA, a Brazilian company that offers the WhatsPro platform for message automation.
What we collect: Data necessary for your account, use of services, and platform improvements. Complete details in our Privacy Policy.
How we charge: Monthly/annual plans in Brazilian reais (BRL) for Brazilian users, with 7-day right of withdrawal.
Cancellation and refund: You can cancel at any time. Full refund in the first 7 days, then pro-rata as per law.
Your LGPD rights: Access, correction, deletion, and portability of your data. Contact: [email protected]
How to complain: Via https://whatspro.me/support or [email protected]. Brazilian consumers can appeal to PROCONs.
This summary does not replace the complete terms below.
These Terms of Service constitute a legally binding agreement between you and LOOP Tecnologia LTDA (together with its subsidiaries and affiliates, "LOOP Tecnologia", "we," "our" or "us") governing your use of our products, services, information, contents and tools, mobile application (the "App"), and website (the "Site" and collectively with the foregoing, the "Services").
YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE "I AGREE" OR SIMILAR BUTTON, REGISTERING FOR AN ACCOUNT, DOWNLOADING THE APP OR ANY APP UPGRADES, USING THE APP ON YOUR MOBILE DEVICE, VISITING THE SITE, ACCESSING OR USING THE SERVICES, OR PARTICIPATING IN AN ELECTRONIC CONVERSATION FACILITATED BY THE SERVICES (ANY SUCH PARTICIPANT, A "CONVERSATION PARTICIPANT"), YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED VIA THE SITE OR THE APP. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.
These Terms of Service apply to all users of the Services, including without limitation browsers, vendors, customers, merchants, consumers, content contributors, Business Owners (as defined below) and Agencies (as defined below). These Terms of Service are effective as of the date you first click "I agree" (or similar button or checkbox) or use or access the Services, whichever is earlier.
If you accept or agree to these Terms of Service on behalf of your employer or another legal entity, you represent and warrant that (i) you have full legal authority to bind your employer or such entity to these Terms of Services; (ii) you have read and understand these Terms of Service; and (iii) you agree to these Terms of Service on behalf of the party that you represent. In such event, "you" and "your" will refer and apply to your employer or such other legal entity.
Any personal data you submit to us or which we collect about you is governed by our Data Protection Addendum ("DPA"), available at www.whatspro.me/legal/dpa, and Privacy Policy ("Privacy Policy"), available at www.whatspro.me/legal/privacy. You acknowledge that by using the Services, you have reviewed the Privacy Policy and the DPA. The Privacy Policy and DPA are incorporated by reference into these Terms of Service and together form and are hereinafter referred to as this "Agreement."
Brazilian Customers: This Agreement and your use of the Services will be governed by, and construed under, the laws of Brazil, including the Consumer Defense Code and the General Data Protection Law. Transactions conducted in Brazilian reais (BRL) between Users who declare residency in Brazil are processed by LOOP Tecnologia LTDA, CNPJ 50.456.744/0001-93, located at Avenida Paulista, 1106, Sala 01, 16º andar - Bela Vista, São Paulo - SP, 01310-914, a company registered under Brazilian law.
We provide a platform that enables businesses and individuals to create automated chat flows that they can deploy across a wide range of messaging services, social media and other third-party platforms.
If you purchase or use our Services, you're doing so through LOOP Tecnologia LTDA, and such purchase and use is subject to this Agreement; provided, that if you've entered into a separate agreement or order form with us governing the purchase or use of our Services, such separate agreement or order form will govern in the event of a conflict with this Agreement.
You must register with LOOP Tecnologia LTDA and create an account to use the Services (an "Account") and as part of that process you will be requested to provide certain information, including without limitation your name, phone number and email address, which may be provided by linking certain services, including without limitation Instagram, Facebook, WhatsApp or Telegram, to your Account. By using the Services, you agree to provide true, accurate, current and complete information as prompted by the registration process and to maintain and promptly update the Account information to keep it accurate, current and complete. You are the sole authorized user of your Account. You are responsible for maintaining the confidentiality of any login and password provided by you or given to you by LOOP Tecnologia LTDA for accessing the Services. You are solely and fully responsible for all activities that occur under your password or Account, even if not authorized by you. Users are responsible for the content users upload to their Account and use of any user's Account, and LOOP Tecnologia LTDA expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or Account or you suspect any other breach of security, you agree to contact LOOP Tecnologia LTDA immediately.
The person signing up for the Services will be the contracting party ("Account Representative") for the purposes of these Terms of Service and will be the person who is authorized to use any corresponding Account we provide to the Account Representative in connection with the Services; provided, however, that if you are signing up for the Services on behalf of your employer, your employer shall be the Account Representative. As the Account Representative, you are solely responsible for complying with these Terms of Service and only you are entitled to all benefits accruing thereto. Your Account is not transferable to any other person or account. If you are an Agency (as defined below) using our Services to provide services to a Business Owner (as defined below), please read Section 3 below.
By providing your phone number and email address and by using the Services, you hereby affirmatively consent to LOOP Tecnologia LTDA's use of your phone number for calls and recurring texts (including with an autodialer and/or prerecorded voice) and your email address in order to (i) perform and improve upon the Services, (ii) facilitate the carrying out of our Services, and (iii) provide you with information and reminders regarding your registration, changes and updates, service outages, or alterations. These calls and messages may include, among other things, push notifications and other reminders delivered through our App. LOOP Tecnologia LTDA will not assess any charges for calls or texts, but standard message, data or other charges from your wireless carrier may apply. You may opt-out of receiving calls or messages from us by modifying your Account settings on the Site or the App, by stating that you no longer wish to receive calls or messages from us during any call with us, or by visiting https://whatspro.me/support and specifying you want to opt-out of calls or messages. You understand that we may send you a message confirming any opt-out by you.
A "Business Owner" is any individual or entity that uses LOOP Tecnologia LTDA's Services to market, support, develop, or otherwise commercialize their business, services, or products. An "Agency" is any service provider retained or hired by a Business Owner to create and/or manage a WhatsPro account and use the Services on the Business Owner's behalf. An Agency is not required for a Business Owner to use the Services.
Notwithstanding the foregoing in Section 2, if you are an Agency using our Services to provide services to a Business Owner, you (i) agree to correctly identify such Business Owner as an administrator on the Account and, if applicable, on the applicable Facebook page, Instagram page, WhatsApp page, Telegram page and on any other applicable page on any other applicable platform, and (ii) confirm you are authorized to use the Services and the Account on behalf of the Business Owner.
The Business Owner shall be the sole and exclusive account representative of any Account created on its behalf by an Agency; provided that the Agency shall maintain its rights and interests in and to all designs, templates, flows, sequences, or other intellectual property associated with the chatbot automation work product created by such Agency for the Business Owner (such work product, the "Agency Content").
In the event of a termination of the relationship between a Business Owner and its Agency, the Business Owner will promptly notify LOOP Tecnologia LTDA of such termination.
Following the transfer of an Account from an Agency to the Business Owner, the Business Owner shall be solely responsible for the payment of any subscription plans and/or fees due with respect to the Account.
"User Generated Content" is defined as any content, information, and materials that may be textual, audio, or visual that you or any Conversation Participant provide, submit, upload, publish, or make otherwise available to the Services and our users. You are solely responsible for your and your Conversation Participants' User Generated Content, and we act merely as a passive conduit for your online distribution and publication of User Generated Content. You acknowledge and agree that LOOP Tecnologia LTDA:
You hereby represent and warrant to LOOP Tecnologia LTDA that your User Generated Content (i) will not be false, inaccurate, incomplete or misleading; (ii) will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity, personality or privacy; (iii) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising, anti-spam or privacy); (iv) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (v) will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (vi) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (vii) will not represent you being employed or directly engaged by or affiliated with LOOP Tecnologia LTDA or purport that you are authorized to act as a representative or agent of LOOP Tecnologia LTDA; and (viii) will not create liability for LOOP Tecnologia LTDA or cause LOOP Tecnologia LTDA to lose (in whole or in part) the services of its ISPs or other suppliers.
By making available any User Generated Content through the Services, you hereby grant to LOOP Tecnologia LTDA permission to use, process or disclose such User Generated Content on, through or by means of the Services, for the purposes of providing the Services to you, modifying, improving and operating the Services and/or as otherwise permitted by this Agreement. We do not claim any ownership rights in any such User Generated Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any such User Generated Content.
Security and Incidents: LOOP Tecnologia LTDA implements adequate security measures, including encryption in transit and, when applicable, at rest; access controls; periodic security testing; backup and retention policies. In case of a security incident that may entail relevant risk or damage, we will communicate to ANPD and affected data subjects within a reasonable time and with available information, in accordance with LGPD and applicable guidelines.
If you would like to communicate with your users via text message or email, you hereby agree to the following Compliance and Indemnity Terms ("CIT"). You are required to use the Services in full compliance with all applicable laws and regulations, including without limitation, all state, provincial and federal laws, specifically including, but not limited to the Telephone Consumer Protection Act of the United States, as amended ("TCPA"); the Personal Information Protection and Electronic Documents Act of Canada ("PIPEDA"), and any substantially similar provincial privacy laws; and the Canadian Anti-Spam Law ("CASL"), all as may be amended (the LGPD, TCPA, PIPEDA and CASL are collectively referred to as the "Electronic Messaging Laws"). By making any use of the Services, you expressly warrant that you are and will continue to act in full compliance with the law.
You agree that you have read and understand the Electronic Messaging Laws and any similar state or provincial/territorial laws, and all other applicable laws and regulations. You understand that, in some cases, applicable state and local restrictions are more restrictive than federal rules. You must review these rules with your own attorney to ensure you understand and comply. LOOP Tecnologia LTDA will not assume responsibility for ensuring that your activities meet applicable legal requirements. LOOP Tecnologia LTDA will not assume any responsibility if you are found guilty or liable for any violation of law, rule or regulation.
You understand and acknowledge that it is generally a violation of federal law, including the TCPA, to contact a consumer by phone, text or email without prior express written consent. LOOP Tecnologia LTDA is not responsible for ensuring that you do not transmit messages to consumers, including by phone or email in violation of consent rules.
You understand and acknowledge that it is generally a violation of Canadian federal law, including CASL, to contact a consumer by text message, phone, electronic message or email without prior express written consent. You will not contact any individual through the Services or about the Services unless you have established consent to do so in accordance with applicable law. You will provide proof of such consents or opt-ins, the messages you sent, and your implementation of opt-out requests to us upon our request. You will include all content required by applicable laws in your messages, including your name, postal address, email, phone or web address, and the ability to opt-out. You will not send any message to any individual using the Services if the individual has opted out or withdrawn their consent, including if they responded "STOP", or similar, to one of your previous messages. You, not LOOP Tecnologia LTDA, are solely responsible for the content of your messages and your compliance with all applicable laws.
For users in Brazil: You commit to observing the LGPD, the Consumer Defense Code, ANATEL regulations, and applicable "Do Not Disturb"/"Do Not Call" lists. Opt-outs will be honored immediately, or within 48 (forty-eight) hours, and no subsequent contacts will be sent without new valid consent. You must also respect good practices for WhatsApp/Meta, including unequivocal opt-in, easy opt-out, respect for sending windows, and proper use of templates.
You agree to indemnify, defend and hold harmless LOOP Tecnologia LTDA, along with its owners, members, directors, employees, agents, staff, contractors, consultants and suppliers from and against any and all claims, lawsuits, fines, costs, expenses, judgments and fees, including reasonable attorneys' fees, court costs and expenses, arising from a claim alleging any violation by you of the law, or alleging facts that would constitute a violation of your warranties or obligations contained in these Terms of Service, including this CIT. You will promptly indemnify, defend or settle any third-party claim, demand, lawsuit, investigation or proceeding brought against LOOP Tecnologia LTDA. LOOP Tecnologia LTDA:
You verify that any contact information provided to LOOP Tecnologia LTDA and its clients, including, but not limited to, your email address and phone number, is true and accurate. You further verify that you are the subscriber of the phone or email and/or that you own any phone numbers and/or email addresses that you provide to LOOP Tecnologia LTDA and its clients. You acknowledge that, by voluntarily providing your phone numbers and/or email addresses to LOOP Tecnologia LTDA and its clients, you expressly agree to be contacted at the phone numbers and/or email addresses you provide. You consent to receive emails, text messages, pre-recorded voice messages and/or calls with automatic dialing by or on behalf of LOOP Tecnologia LTDA and its clients related to this agreement, any transaction with LOOP Tecnologia LTDA and its clients, matters related to your account, and promotions from LOOP Tecnologia LTDA and its clients. These communications may be made by or on behalf of LOOP Tecnologia LTDA and its clients, even if your phone number is registered on any state, provincial, territorial or federal Do Not Call list. You acknowledge that you may incur a charge for these texts or calls from your phone carrier and that LOOP Tecnologia LTDA and its clients will not be responsible for these charges.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Services:
We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.
You also agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and instructions we provide. You may not do any of the following while accessing or using the Services:
We preserve the right to limit access to the platform for users whose actions result in the degradation of the experience of other platform users, employees, affiliates or partners of LOOP Tecnologia LTDA, or employees, affiliates or partners of any other platform, including, without limitation, Facebook, Instagram, WhatsApp and Telegram.
We also reserve the right to review, delete and, if necessary to do so under any federal, state or local law, statute, rule or regulation, subpoena or legal process, disclose any information as we reasonably believe to be necessary to:
You represent and warrant that: (i) you are 18 years of age or older or are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts, and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
You further represent and warrant that (i) you have read, understand, and agree to be bound by these Terms of Service and the Privacy Policy in order to access and use the Services, (ii) you will act professionally and responsibly in your interactions with other users, and (iii) when using or accessing the Services, you will act in accordance with any applicable local, state, or federal law or custom and in good faith.
You are responsible for determining whether the Services are suitable for you to use in light of any applicable regulations such as EU Data Privacy Laws or other laws. If you are subject to regulations (such as HIPAA) and you use the Services, then we will not be liable if our Services do not meet those requirements. You may not use the Services for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or other laws that apply to commerce. You are also responsible for notifying the end-user of data collection in connection with the Services, as required by applicable law.
You represent and warrant that you shall be solely responsible for obtaining end user consent for text messaging in full compliance with all applicable laws, rules, and regulations, including, without limitation, the Brazilian General Data Protection Law, the Telephone Consumer Protection Act, 47 U.S.C. 227 and its implementing regulations, 47 C.F.R. 64.1200. You further represent and warrant that you shall not use the service to communicate with consumers who have requested that you cease contacting them.
For users in Brazil: You commit to observing the LGPD, the Consumer Defense Code, ANATEL regulations, and applicable "Do Not Disturb"/"Do Not Call" lists. Opt-outs will be honored immediately, or within 48 (forty-eight) hours, and no subsequent contacts will be sent without new valid consent. You must also respect good practices for WhatsApp/Meta, including unequivocal opt-in, easy opt-out, respect for sending windows, and proper use of templates.
If you are located in the European Economic Area ("EEA"), United Kingdom, Switzerland or Brazil, you represent and warrant that in using the Services, you:
You hereby warrant and represent that, other than as fully and promptly disclosed to LOOP Tecnologia LTDA as set forth below, you do not have any motivation, status, or interest which LOOP Tecnologia LTDA may reasonably wish to know about in connection with the Services, including without limitation, if you are using or will or intend to use the Services for any journalistic, investigative, or unlawful purpose. You hereby warrant and represent that you will promptly disclose to LOOP Tecnologia LTDA in writing any such motivation, status or interest, whether existing prior to registration or as arises during your use of the Services.
By installing the App, you consent to the installation of the App and any updates or upgrades that are released through the Services. You acknowledge that LOOP Tecnologia LTDA may automatically download and install updates to the App on your mobile device from time to time. These updates may include bug fixes, security improvements, new features, and other modifications. You agree to receive these updates automatically and acknowledge that using the App after an update constitutes your acceptance of any new terms and conditions that may be included in the update.
You also acknowledge that using the App may consume mobile data and that you are responsible for any costs associated with mobile data usage. LOOP Tecnologia LTDA is not responsible for any mobile data costs incurred by using the App.
You agree not to attempt to uninstall, disable, or circumvent any security features or protections included in the App, including but not limited to protections against reverse engineering, decompiling, or disassembling the App.
Unless we separately agree with you that you will receive an invoice from us for the Services that requires you to pay us directly, payment and any other expenses must be paid through the third party payment processing system (the "PSP") as indicated on the Services. You may be required to register with the PSP, agree to terms of service of the PSP, provide your payment details to the PSP and go through a vetting process at the request of the PSP to set up an account with the PSP (the "PSP Services Agreement"). By accepting these Terms of Service, you agree that you have downloaded or printed, and reviewed and agreed to, the PSP Services Agreement. Please note that LOOP Tecnologia LTDA is not a party to the PSP Services Agreement and that you, the PSP and any other parties listed in the PSP Services Agreement are the parties to the PSP Services Agreement and that LOOP Tecnologia LTDA has no obligations, responsibility or liability to any user or any other party under the PSP Services Agreement.
All prices and fees displayed on the Services are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services or other taxes, fees or charges now in force or enacted in the future ("Taxes"). Any applicable Taxes are based on the rates applicable to the billing address you provide to us and will be calculated at the time a transaction is charged to your Account. Unless otherwise indicated, all prices, fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency, except for transactions conducted in Brazilian reais (BRL).
You agree to pay all fees or charges to your Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable.
The entity responsible for processing payments depends on the currency and the location of the Users involved:
By using the Service, you authorize the applicable LOOP Tecnologia LTDA entity to process payments and perform all necessary actions to fulfill the obligations under these Terms and related policies.
Our charges for subscription plans (monthly, annual, or other period, as applicable from time to time) and fees for any additional Services are posted on the Site and may be changed from time to time. If you have signed up for a WhatsPro subscription plan (each a, "Subscription Plan") and any part of a month, year, or other period is included in the Term, then payment will be due for the full month, full year, or full other period, as applicable. Payments for monthly Subscription Plans are due for any month on the same or closest date to the day you made your first monthly payment, and Payments for yearly Subscription Plans are due for any year on the same or closest date to the day you made your first yearly payment. Please note that fees for certain Services may vary country by country and certain customers may have access to different billing and payment features, depending on when they created their account with LOOP Tecnologia LTDA.
If you have signed up for a Subscription Plan or have opted to auto-refill your account with funds to pay for certain Services, you will provide us with valid credit card information and hereby authorize us to deduct the monthly, yearly or other automatic charges against that credit card. You'll replace the information for any credit card that expires with information for a valid one. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and won't be rejected. If we're unable to process your credit card order, we'll try to contact you by email and will suspend your account until your payment can be processed.
We'll give you a refund for all or a portion of a prepaid month or year, as applicable, if we stop providing our Services to you for a reason that's not laid out in these Terms as determined by LOOP Tecnologia LTDA in its sole discretion. We may offer a refund to customers, if such customer applies for a refund based on the requirements posted on the Site. You won't be entitled to a refund from us under any other circumstances.
We may change our fees at any time by posting a new pricing structure to our Site and/or sending you a notification by email.
From time to time, we may offer trials of paid Services for a specified period without payment or at a reduced rate (a "Trial"). We reserve the right to determine eligibility for any Trial, which may vary based on factors including, but not limited to, the Services selected and how recently you redeemed a Trial. Certain limitations may also exist with respect to combining Trials with any other offers.
Each Trial provides access to the Services at the price advertised (if any) for an initial, introductory period (the "Trial Period") beginning at the moment you confirm your acceptance of the Trial by submitting valid payment details that are accepted by us. By submitting your payment details you: (i) confirm your acceptance of the Trial and (ii) accept and agree to these Terms of Service. All information collected by us under any Trial will be processed and used in accordance with our Privacy Policy.
A Trial must be accepted before the applicable expiration date advertised, if any. Except where prohibited by law, we reserve the right to modify, suspend, or terminate a Trial at any time and for any reason, in which case we will not honor subsequent Trial enrollments. The Trial Period shall continue for the period as advertised, subject to the previous sentence.
UNLESS YOU CANCEL A TRIAL BEFORE THE END OF THE TRIAL PERIOD, YOU WILL AUTOMATICALLY BECOME A RECURRING SUBSCRIBER TO THE SERVICES YOU CHOSE TO SIGN UP FOR UNDER THE TRIAL AND THE PAYMENT METHOD YOU PROVIDED WILL AUTOMATICALLY BE CHARGED THE THEN-CURRENT APPLICABLE PRICE. IF YOU CANCEL THE TRIAL DURING THE TRIAL PERIOD, YOU WILL LOSE ACCESS TO THE SERVICES. TO CANCEL, YOU MUST LOG INTO YOUR ACCOUNT AND FOLLOW THE PROMPTS ON THE ACCOUNT PAGE.
Right of Withdrawal for Brazilian Consumers: Brazilian consumers who contract at a distance may exercise the right of withdrawal within 7 (seven) days, with full refund. After this period, for subscriptions, cancellation will take effect in the next cycle, with pro-rata refund of paid and unused periods when applicable by law.
Notice of Renewal and Price Changes: We will notify price changes and automatic renewal of trials/subscriptions with at least 30 (thirty) days' notice to Brazilian consumers, by email or notification in the application.
The Services may include certain features that enable you to sell goods, products, content, media and services (your "User Products") through in-bot payments through your Account (such bot, the "Bot").
You are solely responsible for the content of your communications with your end users via the Services, any User Products you may provide through your use of the Services, any payments related activities, and any promotions and related content contained or referred to in your Bot or through your use of the Services, and compliance with any laws applicable thereto. We are merely providing the platform for you to manage your such activities. We are not involved in and disclaim any responsibility for your User Products, your relationship with and/or any transaction with any actual or potential end user of your User Products.
By using any of our payments features, you acknowledge, warrant and agree that:
We may, at any time and at our sole discretion, suspend, disable access to or remove your Bot, Account and/or any User Products if any suspicious activity, content or products are detected or reported, whether or not incorporated, published with or made a part of your Bot at such time, without any liability to you or to any of your end users, including for any loss resulted therefrom.
You are solely responsible for verifying the identity of users and of the eligibility of a presented payment card used to purchase your User Products, products and services, and LOOP Tecnologia LTDA does not guarantee or assume any liability for transactions attempted, authorized or completed with respect to the purchase of any User Products or any other in-Bot transactions between you and a user. You are solely responsible for all reversed or charged back transactions, regardless of the reason for, or timing of, the reversal or chargeback. LOOP Tecnologia LTDA may add or remove one or more types of cards as a supported payment card any time without prior notice to you.
You and you solely, are responsible for providing service to your customers for any and all issues related to your products and services, including but not limited to issues arising from the processing of customers' cards through the Services.
You are fully responsible for the security of data on your website or otherwise in your possession. You agree to comply with all applicable state and federal laws and rules in connection with your collection, security and dissemination of any personal, financial, card, or transaction information on your website.
Unless otherwise agreed to in writing between you and LOOP Tecnologia LTDA, either party may terminate these Terms of Service for any or no cause, at any time. You may cancel and delete your Account at any time using the features in the Services to do so. After cancellation, you will no longer have access to your Account, your profile, or any other information through the Services. The provisions of these Terms of Service that by their intent or meaning are intended to survive such termination, including without limitation, the provisions relating to limitation of warranties, limitations of liability and indemnification, will survive any termination of these Terms of Service and any termination of your use or subscription of the Services and will continue to apply indefinitely.
We reserve the right to refuse the Services to anyone for any reason at any time. LOOP Tecnologia LTDA may terminate or limit your right to use the Services in the event that we are investigating or believe that you have violated any provision of this Agreement without any notice. If LOOP Tecnologia LTDA terminates or limits your right to use the Services pursuant to this section, you are prohibited from registering and creating a new Account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
Even after your right to use the Services is terminated or limited, this Agreement will remain enforceable against you. LOOP Tecnologia LTDA reserves the right to take appropriate legal action, including without limitation, seeking arbitration in accordance with Section 19 of these Terms of Service.
LOOP Tecnologia LTDA reserves the right to modify or discontinue, temporarily or permanently, all or any part of the Services at its sole discretion, in which case you will be notified, whenever reasonably practicable. LOOP Tecnologia LTDA is not responsible to you for any modification or discontinuance of all or any part of the Services. LOOP Tecnologia LTDA has the right to restrict any person from completing registration as a user if LOOP Tecnologia LTDA believes that such person may threaten the security and integrity of the Services, or if, in LOOP Tecnologia LTDA's discretion, such restriction is necessary to address any other reasonable business concern.
Following the termination or cancellation of your Account (as defined below), we reserve the right to delete all your data, including any User Generated Content, in the normal course of operation. Your data cannot be recovered once your Account is terminated or cancelled.
Data Export: Before deletion due to inactivity or termination, we will provide mechanisms for data export/portability in common formats (CSV/JSON) for at least 30 (thirty) days after notification.
If there is no activity on your Account (which includes login activity, conversation activity, payment transactions, or a scheduled broadcast) for at least 18 months, consecutively, we will try to notify you by email or by other means, but we will not be responsible for any failure to do so, and give you the option to keep your Account open. If you do not respond to our notification within thirty days, we reserve the right to close your account and delete all your data.
You have one year to use any prepaid amount added to your LOOP Tecnologia LTDA wallet balance. If such prepaid amount is not used within one year, we will notify you of your unused balance by sending an email to the email address associated with your Account, and at our discretion, (i) we will refund the balance, the method of such withdrawal will be determined by us at our sole discretion, or (ii) we will provide you with a credit for future purchases of our Services. If you do not respond to our notification within thirty days, you lose your rights to use such balance, and such amount will be considered payment for services.
The Services may contain links (such as hyperlinks) to third-party websites. Such links do not constitute endorsement by LOOP Tecnologia LTDA or association with those websites, their content or their operators. Such links (including without limitation external websites that are framed by the Services as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. LOOP Tecnologia LTDA does not control any such websites and is not responsible for their (i) availability or accuracy, or (ii) content, advertising, products, or services. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that LOOP Tecnologia LTDA is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites and cannot be liable for claims arising out of or relating to third-party websites. Further, you acknowledge and agree that LOOP Tecnologia LTDA has no obligation to monitor, review, or remove links to third-party websites, but reserves the right to limit or remove links to third-party websites on the Services at its sole discretion.
The use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites. You access such third-party websites at your own risk. LOOP Tecnologia LTDA expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Services. You hereby agree to hold LOOP Tecnologia LTDA harmless from any liability that may result from the use of links that may appear on the Services.
As part of the functionality of the Services, you may link your Account with online accounts you may have with third-party service providers, such as Facebook, Instagram, WhatsApp and Telegram (each such account, a "Third-Party Account"), by either: (i) providing your Third-Party Account login information through the Services; or (ii) allowing LOOP Tecnologia LTDA to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to LOOP Tecnologia LTDA and/or grant LOOP Tecnologia LTDA access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating LOOP Tecnologia LTDA to pay any fees or making LOOP Tecnologia LTDA subject to any usage limitations imposed by such third-party service providers. By granting LOOP Tecnologia LTDA access to any Third-Party Accounts, you understand that (1) LOOP Tecnologia LTDA may access, make available and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the "SNS Content") so that it is available on and through the Services via your Account, and (2) LOOP Tecnologia LTDA may submit and receive additional information to your Third-Party Account to the extent you are notified of this when you link your Account with the Third-Party Account. Unless otherwise specified in these Terms of Service, all SNS Content, if any, shall be considered to be User Generated Content. Depending on the Third-Party Accounts you choose, and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or LOOP Tecnologia LTDA's access to such Third-Party Account is terminated by the third-party service provider, then SNS Content may no longer be available on and through the Services. You will have the ability to disable the connection between your Account on the Services and your Third-Party Accounts at any time, as set forth below. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY PROVIDERS. LOOP Tecnologia LTDA makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and LOOP Tecnologia LTDA is not responsible for any SNS Content.
We may provide you with access to third-party tools ("Third-Party Tools") which we do not monitor and over which we have no control or input. You acknowledge and agree that we provide access to such tools on an "as-is" and "as-available" basis without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of Third-Party Tools. Any use by you of Third-Party Tools offered through the Services is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider.
We may provide you with access to LOOP Tecnologia LTDA tools and the WhatsPro Developer Program (collectively, such tools and program, the "WhatsPro Dev Program"), including application program interfaces, to allow you to build upon and further enhance the Services as described in these Terms of Service.
Subject to these Terms of Service, we grant you a non-exclusive, non-transferable, revocable right, without the right of sublicense, to access, and use the WhatsPro Dev Program for the limited purpose of creating software modules, templates, connected services and/or similar functions (the "Integration Products") necessary to integrate your software applications, websites, website assets, products and/or services (collectively, your "Application") into the Services (such uses, the "Permitted Uses"). We set and enforce limits on your use of the WhatsPro Dev Program at our sole discretion and may change the Permitted Uses and limitations any time by revising these Terms of Service. You will not (i) decompile, decipher, disassemble, modify, prepare derivative works of, reverse engineer or recreate the WhatsPro Dev Program or the Services, (ii) upload any data or information that is unlawful, harmful, threatening, abusive, harassing, tortious, obscene, invasive of another's privacy or right of publicity, hateful or racially, ethnically or otherwise objectionable; (iii) infringe the intellectual property rights of any third party, (iv) interfere with or disrupt LOOP Tecnologia LTDA's software, the system used to host the Services or disobey any requirements, procedures, policies or regulations of networks connected to the Services, (v) engage in any deceptive, misleading, illegal or unethical activities, or activities that otherwise may be detrimental to the WhatsPro Dev Program, the Services, us, our customers or the public, (vi) cache or store any LOOP Tecnologia LTDA data or content other than for reasonable periods in order to provide your Application and/or Integration Products to LOOP Tecnologia LTDA customers, (vii) aggregate retrieved LOOP Tecnologia LTDA content or data with third-party content in such a way that a customer cannot attribute such content to us or (viii) remove, obscure or alter LOOP Tecnologia LTDA's copyright notices, trademarks or other proprietary rights notices on the Services. Further, you will comply with all applicable laws, rules and regulations, including any applicable data import, export and protection legislation and privacy laws, and your Applications and/or Integration Products must include a prominently identified privacy policy that addresses what information you collect and how it will be stored, processed, protected and used. You must obtain express permission from each user before you access their WhatsPro account, and you will only access such user's data to the extent permitted by such user, your privacy policy and applicable law.
You hereby grant to us a perpetual, irrevocable, worldwide, sublicensable, non-exclusive, non-transferable, royalty-free license and right to use, copy, modify and distribute your Applications and Integration Products. You shall retain ownership of your Applications and Integration Products. By using the WhatsPro Dev Program you do not acquire ownership of any rights in the WhatsPro Dev Program, LOOP Tecnologia LTDA's data or content or the Services.
We reserve the right, with or without notice and for any reason, to (i) cease providing, alter, modify or disable the WhatsPro Dev Program or provide new tools and related services, (ii) charge fees for access or use of the WhatsPro Dev Program, (iii) provide or cease providing support for the WhatsPro Dev Program, (iv) deactivate or remove your access to the WhatsPro Dev Program, (v) accept, reject, suspend or remove your Integration Products and Applications from the Services for any reason, (vi) make your Applications and Integration Products publicly available or private in accordance with our Review Process outlined at help.whatspro.me/, and (vii) independently develop products or services that may compete with your Applications and/or Integration Products or other products and services. You agree that LOOP Tecnologia LTDA may monitor and audit your use of the WhatsPro Dev Program to ensure compliance with these Terms of Service. You will assist us with such monitoring and/or auditing by providing us with information on your Applications and/or Integration Products and data and security practices.
You acknowledge and agree that we provide access to the WhatsPro Dev Program "as-is" and "as-available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of the WhatsPro Dev Program. You acknowledge and agree to comply with the documentation and resources published from time to time by LOOP Tecnologia LTDA regarding the use of the WhatsPro Dev Program.
You agree to keep confidential and not disclose, divulge or use for any purpose and will protect to the same degree as it protects its own confidential information any confidential information obtained from us with respect to the WhatsPro Dev Program or in connection with your use of the Services and WhatsPro Dev Program.
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, trademarks, logos, typefaces and other content (collectively "Proprietary Material") that users see or read through the Services is owned by LOOP Tecnologia LTDA, excluding User Generated Content, which users hereby grant LOOP Tecnologia LTDA a non-exclusive license to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. LOOP Tecnologia LTDA owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws governing copyright, patents, and other proprietary rights. You may not copy, download, use, redesign, reconfigure, or retransmit anything from the Services without LOOP Tecnologia LTDA's express prior written consent and, if applicable, the holder of the rights to the User Generated Content.
Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of LOOP Tecnologia LTDA and, if applicable, the holder of the rights to the User Generated Content.
The service marks and trademarks of LOOP Tecnologia LTDA, including without limitation WhatsPro and WhatsPro logos, are service marks owned by LOOP Tecnologia LTDA. Any other trademarks, service marks, logos and/or trade names appearing via the Services are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
Additionally, you may choose to or we may invite you to submit comments, ideas, or feedback about the Services, including without limitation about how to improve our services or our products ("Feedback"). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place LOOP Tecnologia LTDA under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, LOOP Tecnologia LTDA does not waive any rights to use similar or related Feedback previously known to LOOP Tecnologia LTDA, developed by its employees, or obtained from sources other than you. You acknowledge that all email and other correspondence that you submit to us shall become our sole and exclusive property.
Subject to the terms and conditions hereof, you are hereby granted a limited, nonexclusive, nontransferable, freely revocable, license to access and use the Services. We may terminate this license at any time for any reason or no reason. The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, reports generated by the Services, and copyrights (the "LOOP Tecnologia LTDA Content"), and all Intellectual Property Rights (as defined below) related thereto, are the exclusive property of LOOP Tecnologia LTDA or, as applicable, its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, publicly distribute, publicly transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Services. Use of the LOOP Tecnologia LTDA Content or materials on the Services for any purpose not expressly permitted by this Agreement is strictly prohibited. For the purposes of this Agreement, "Intellectual Property Rights" means any registered or unregistered intellectual property rights, and all rights associated therewith, including, but not limited to, all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights all drawings, designs, technical data, know-how, works of authorship, firmware, software, software specifications, source codes, documentation, program listings, programming tools, test scenarios, user interfaces, icons, any "look and feel" elements, ideas, improvements, inventions, industrial designs, utility models, rights in business and service names and marks, rights to funds of commerce, domain names; rights to projects; rights to databases; and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Your use of the Services and the relating licenses granted hereunder are also conditioned upon your strict adherence to the letter and spirit of the various applicable guidelines and any end user licenses associated with your use of the App. LOOP Tecnologia LTDA may modify such guidelines in its sole discretion at any time. LOOP Tecnologia LTDA reserves the right to terminate your Account and access to the Services if it determines that you have violated any such applicable guidelines.
LOOP Tecnologia LTDA respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Services infringe upon your copyright or other intellectual property right, please send the following information to LOOP Tecnologia LTDA's Copyright Agent.
To notify LOOP Tecnologia LTDA of a possible copyright violation, you must provide the following information in writing:
Send your copyright violation notification to:
LOOP Tecnologia LTDA Copyright Agent
Email: [email protected]
Address: Avenida Paulista, 1106, Sala 01, 16º andar - Bela Vista, São Paulo - SP, 01310-914
LOOP Tecnologia LTDA will respond to copyright violation notifications that comply with the above requirements. If you receive a notification that your content has been removed due to a copyright violation claim, you may send a counter-notification containing the necessary information as required by applicable law.
LOOP Tecnologia LTDA may, in appropriate circumstances, terminate the accounts of users who are repeat copyright infringers.
You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of LOOP Tecnologia LTDA and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than using the Services in accordance with these Terms of Service.
"Confidential Information" includes, but is not limited to: (i) technical information about the Services, including architecture, design, algorithms, source code, documentation and specifications; (ii) LOOP Tecnologia LTDA's business information, including strategies, plans, financial data, customer lists and marketing information; (iii) information about users and data collected through the Services; and (iv) any other information marked as confidential or that, by its nature, should be considered confidential.
You agree to maintain the Confidential Information in strict confidence and to use the same degree of care to protect the Confidential Information that you use to protect your own confidential information of similar nature, but never less than a reasonable degree of care.
This confidentiality obligation will survive the termination of these Terms of Service and remain in effect for a period of five (5) years after termination.
THE SERVICES IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LOOP Tecnologia LTDA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE RELIABILITY, TIMELINESS, SECURITY, ACCURACY OR COMPLETENESS OF THE SERVICES, ANY CONTENT PROVIDED BY OR TRANSMITTED VIA THE SERVICES OR THE CONTENT OF ANY SITES LINKED TO THE SERVICES, AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) BUGS, ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, BUSINESS INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.
UNDER NO CIRCUMSTANCES WILL LOOP Tecnologia LTDA AND AFFILIATES OR THEIR CORPORATE PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY LOOP Tecnologia LTDA, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY.
Nothing in this instrument excludes, limits, or restricts consumer rights provided for in the Consumer Defense Code.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT LOOP Tecnologia LTDA AND AFFILIATES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LOWER OF (I) THE TOTAL FEES PAID BY YOU TO LOOP Tecnologia LTDA DURING THE SIX MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE OR (II) ONE HUNDRED DOLLARS ($100), TO THE EXTENT PERMITTED BY APPLICABLE LAW.
You hereby agree to indemnify, defend, and hold harmless LOOP Tecnologia LTDA and its officers, directors, employees, agents, attorneys, insurers, successors and assigns (the "Indemnified Parties") from and against any and all Liabilities incurred in connection with (i) your use or inability to use the Services, (ii) your breach or violation of this Agreement, (iii) your violation of any third-party rights, including but not limited to intellectual property rights, privacy rights or publicity rights, (iv) any User Generated Content that you provide, and (v) your violation of any applicable laws or regulations.
For Brazilian consumers: This indemnification obligation applies only to business users (Business Owners and Agencies). For end consumers, this clause may be considered abusive and does not apply.
This indemnification obligation includes payment of all costs, expenses and reasonable attorneys' fees incurred by LOOP Tecnologia LTDA in connection with any claim covered by this section.
LOOP Tecnologia LTDA will promptly notify you of any claim covered by this section and you will have the right to participate in the defense of such claim, subject to LOOP Tecnologia LTDA's approval of any settlement.
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND LOOP TECNOLOGIA LTDA CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND LOOP TECNOLOGIA LTDA TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, EXCEPT WHERE LOCAL CONSUMER LAWS PROHIBIT SUCH REQUIREMENTS.
You agree that, in the event of any dispute or claim arising from or related to your use of the Services, you will contact us by submitting your dispute or claim via https://whatspro.me/support, and you and LOOP Tecnologia LTDA will attempt in good faith to negotiate a written resolution of the issue directly. You agree that if the issue remains unresolved for 30 days after notification (via certified mail or personal delivery), such issue will be considered a "Dispute" as defined below. Except for the right to seek injunctive or other equitable relief described under the "Binding Arbitration" section below, if you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the issue through mediation, then you agree that you will not be entitled to recover attorneys' fees, even if you may have been eligible for them otherwise.
Applicability in Brazil. For Brazilian consumers, binding arbitration clauses are not mandatory. Brazilian consumers retain the right to file judicial claims in Brazilian courts, as required by the Brazilian Consumer Defense Law. Any dispute involving Brazilian consumers will be resolved in accordance with Brazilian law and in the forum of the consumer's domicile.
Binding Arbitration. Except where prohibited by local consumer laws, you and LOOP Tecnologia LTDA agree that any dispute, claim or controversy arising from or related to this Agreement or your use of the Services (collectively "Disputes") will be resolved by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. This means that you and LOOP Tecnologia LTDA both agree to waive the right to a trial by jury. Notwithstanding the foregoing, you may bring a claim against LOOP Tecnologia LTDA in small claims court instead of by arbitration, but only if the claim is eligible under the small claims court rules and is brought on an individual basis, not a class, collective or representative basis, and only as long as it remains in small claims court and on an individual basis, not a class, collective or representative basis.
Class Action Waiver. You and LOOP Tecnologia LTDA agree that any proceedings to resolve Disputes will be conducted on an individual basis and not in a class, consolidated or representative action. This means that you and LOOP Tecnologia LTDA both agree to waive the right to participate as a plaintiff as a class member in any class action proceeding. Additionally, unless you and LOOP Tecnologia LTDA agree otherwise in writing, the arbitrator in any Dispute may not consolidate more than one person's claims and may not preside over any form of class action proceeding.
Arbitration Administration and Rules. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879).
Arbitration Process. A party who wishes to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of arbitrators with relevant experience. If the parties cannot agree on an arbitrator within seven days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and LOOP Tecnologia LTDA agree otherwise, the seat of arbitration will be in San Francisco, California. If your claim does not exceed USD$10,000, then the arbitration will be conducted solely on the basis of the documents that you and LOOP Tecnologia LTDA submit to the arbitrator, unless you request a hearing, and the arbitrator then determines that a hearing is necessary. If your claim exceeds USD$10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Hearings may be conducted by telephone or videoconference, if requested and agreed by the parties.
Arbitrator's Decision and Applicable Law. The arbitrator will apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, unless otherwise required by local laws in the consumer's jurisdiction, and will honor claims of privilege recognized by law. The arbitrator will render an award within the time specified in the AAA Rules. Judgment on the arbitration may be entered in any court having jurisdiction. Any damages award by an arbitrator must be consistent with the "Disclaimer of Warranties" section above. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant's individual claim.
Fees. The responsibility of each party to pay the filing, administrative and arbitrator fees for the arbitration will depend on the circumstances of the arbitration and are established in the AAA Rules.
Except as provided in Section 19 or expressly provided in writing otherwise, for consumers outside Brazil, this Agreement and your use of the Services will be governed by, and will be construed under, the laws of the State of California, without regard to choice of law principles.
For Brazilian consumers, this Agreement and your use of the Services will be governed by, and construed under, the laws of Brazil, including the Brazilian Consumer Defense Code and the General Data Protection Law (LGPD). Any dispute involving Brazilian consumers will be resolved in accordance with Brazilian law and in the forum of the consumer's domicile.
If any provision of these Terms of Service is found to be invalid or unenforceable by a court of competent jurisdiction, such provision will be modified to reflect the parties' intention to the maximum extent possible, and the remaining provisions of these Terms of Service will remain in full force and effect.
Failure by LOOP Tecnologia LTDA to enforce any provision of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the complete and exclusive agreement between you and LOOP Tecnologia LTDA with respect to its subject matter and supersedes and governs any and all prior agreements or communications.
If any provision of these Terms of Service is found to be invalid, illegal or unenforceable for any reason, such provision will be deemed severable from these Terms of Service and will not affect the validity and enforceability of the remaining provisions.
You may not assign, transfer or sublicense your rights or obligations under these Terms of Service without the prior written consent of LOOP Tecnologia LTDA. LOOP Tecnologia LTDA may assign or transfer these Terms of Service, in whole or in part, without restrictions.
The section headings in these Terms of Service are for convenience only and do not affect the interpretation of these Terms of Service.
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement.
You consent to receive any agreements, notices, disclosures and other communications (collectively, "Notices") to which this Agreement refers electronically, including without limitation by e-mail or by posting Notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Agreement, all notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by a recognized overnight delivery service.
LOOP Tecnologia LTDA reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the terms and conditions of this Agreement (including these Terms of Service and Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, the Services or any content or information through the Services at any time.
When we make material changes to these Terms of Service, we will notify you by email or through a notice in the Services. Your continued use of the Services after such changes constitutes your acceptance of the new terms.
For Brazilian consumers, material changes that prejudice their rights will be communicated with at least 30 days' notice, as required by the Brazilian Consumer Defense Code.
LOOP Tecnologia LTDA may modify or discontinue any functionality of the Services at any time, with or without prior notice. LOOP Tecnologia LTDA will not be responsible for any losses or damages that may result from such modifications or discontinuations.
If you have any questions about these Terms of Service or about the Services, please contact us by submitting your question via https://whatspro.me/support or by email to [email protected].
For questions related to:
Postal Address:
LOOP Tecnologia LTDA
Avenida Paulista, 1106, Sala 01, 16º andar
Bela Vista, São Paulo - SP
CEP: 01310-914
Brazil
CNPJ: 50.456.744/0001-93
LOOP Tecnologia LTDA strives to respond to all inquiries within 48 business hours.