Terms of Use

1. Introduction

These Terms of Use (“Terms”) govern the use of the SMS and Voice Blast (Torpedo de Voz) services provided by Pushfy (“Services”), corporate name LINKSIGNAL TECNOLOGIA E COMUNICACAO LTDA, CNPJ 66.142.156/0001-15. By using our Services, you agree to comply with these Terms. If you do not agree with any part of these Terms, do not use our Services.

2. Changes to the Terms

These Terms may change. We will inform you at least 30 days before making any significant changes that affect you or your use of our Services, unless we are prevented from doing so by changes in laws, regulations or carrier requirements. The updated version of these Terms will be published on this page. If you continue to use our Services after the changes take effect, this will be deemed acceptance of the changes.

3. LGPD compliance

3.1. Data Collection and Use: Pushfy collects and uses personal data in accordance with the Lei Geral de Proteção de Dados (LGPD, Brazil's General Data Protection Law). By using our Services, you agree to our Privacy Policy, which details how we collect, use, store and protect your personal data.

3.2. Data Subjects' Rights: You have the right to access, correct, delete and restrict the processing of your personal data. To exercise these rights, contact us through the channels indicated in our Privacy Policy.

3.3. Data Sharing: Pushfy may share your personal data with third parties only as necessary for the provision of the Services and in compliance with the LGPD. We do not sell or share personal data for marketing purposes without your explicit consent.

3.4. Data Security: We implement technical and organizational measures to protect personal data against unauthorized access, accidental loss or destruction. However, we cannot guarantee the absolute security of data transmitted over the internet.

4. Availability of the Services

We do not guarantee that the Services will be available at all times or free from failures or interruptions. We will not be liable for any inability to make the Services available due to technical failures or other events beyond our reasonable control.

5. Changes to and Suspensions of the Services

We may, at our sole discretion, change or improve the Services we provide to you at any time, provided that such change does not materially affect the nature or limit the functionality of the Services. We may also, at our sole discretion, suspend your access to the Services or discontinue their provision at any time.

6. Acceptable Use of the Services

You agree not to:

• Use the Services to send commercial messages without the explicit consent of the recipients.
• Use the Services for improper, fraudulent, illegal or in any way prohibited purposes.

7. Disclaimers of Liability and Limitations of Liability

7.1. Disclaimers of Liability: To the maximum extent permitted by applicable law, Pushfy will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits or revenue, whether direct or indirect, loss of earnings (lucros cessantes) or any loss of data, use, goodwill or other intangible losses resulting from the use of or inability to use the Services.

7.2. Limitations of Liability: Pushfy's total liability, whether in contract, tort, negligence or otherwise, will be limited to the amount paid by you for the Services during the 12-month period preceding the event that gave rise to the claim.

8. Indemnification

You agree to indemnify and hold harmless Pushfy, its employees, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates from any demand, loss, liability, claim or expenses (including attorneys' fees) arising from:

• Your use of the Services.
• Breach of these Terms.
• Any content you send or transmit through the Services.

9. General Provisions

9.1. Governing Law: These Terms will be governed by and construed in accordance with the laws of Brazil.

9.2. Dispute Resolution: Any disputes arising out of or relating to these Terms will be resolved by the competent courts of Brazil.

9.3. Entire Agreement: These Terms constitute the entire agreement between you and Pushfy with respect to the use of the Services and supersede all prior or contemporaneous agreements and understandings, oral or written, on the subject.

10. Rules of use

10.1. You warrant that you will not:

• Use the Services or allow the Services to be used to send Chargeable Events to any end user for commercial purposes without the end user's explicit request or prior consent to receive them. In the event that You send any Chargeable Event for commercial purposes to any of Your end users, You must comply with the telemarketing practices of the end users' jurisdiction, including, but not limited to, obtaining the express written consent of such end users, and granting all end users the right to opt out of receiving further Chargeable Events sent by You for commercial purposes (and You must immediately process the end user's choice to opt out);
• Use the Services or allow the Services to be used to transmit Chargeable Events to any end user with a frequency and in a number that is excessive in Our reasonable opinion;
• Use the Services or allow them to be used for improper, fraudulent, immoral, illegal or any other purposes deemed prohibited;
• Use the Services or allow them to be used for the transmission of any material of a defamatory, offensive, illegal, abusive, obscene or threatening character or nature;
• Use the Services or allow them to be used in a manner that infringes the intellectual property rights or any other proprietary rights of third parties; or
• Use the Services or allow them to be used in a manner that may damage or injure any person or property or that may impair the quality of the Services.

10.2. You shall, at all times during the term of the Agreement, undertake to:

• Only send Chargeable Events that comply with all applicable laws, regulations and Codes and that do not contain anything that may be offensive in view of the generally prevailing standards of decency and propriety at all times;
• Comply with all reasonable guidelines and instructions sent to You by Us in connection with the Services;
• Comply with and observe at all times all applicable laws, regulations and Codes, as well as all instructions, recommendations and decisions of any Regulatory Body; and
• Not act in a manner that may bring discredit on Us, the Service or any Network Operator.

10.3. If Pushfy has reason to believe that the content the CUSTOMER is transmitting is unauthorized, prohibited, in any way illegal or not permitted, Pushfy has the power to take the necessary measures to safeguard the security of both Pushfy and the Network Operator. Likewise, Pushfy will not be liable and will not be obliged to deliver such messages to the End User(s), nor will the CUSTOMER be entitled to request refunds, chargebacks or other forms of compensation in connection with the messages in this section.

10.4. Upon request, You will provide Us or any Network Operator or Regulatory Body with any information relating to Your use of the Services that the requesting party reasonably requires. You are responsible for ensuring that all information relating to your end users, including (but not limited to) your End User Data, is accurate and complete.

10.5. You must not represent or imply any approval on Our part of any specific Chargeable Event that You send using the Services, nor refer to Us in any way without Our prior written approval.

10.6. Upon request, You will promptly provide Us with a representative Forecast of your Service needs for the requested period, including (but not limited to) all reasonable details necessary for us to plan network capacity requirements.

10.7. We may, at Our sole discretion, cease transmission, and You will immediately cease transmission, at Our request, of any Chargeable Events.

10.8. You warrant that You are the sole owner or licensor of all rights in Your End User Data or that You have obtained all necessary rights, licenses and consents from all relevant third parties to allow You, Us and Our subcontractors to use the End User Data for the purposes of the Agreement.

10.9. You represent and warrant to Us that, when using Pushfy's Services to reach End Users in South Africa, You will comply with the Code of Conduct of the Wireless Application Service Providers Association (WASPA) in force from time to time (waspa.org.za/code-of-conduct). The Code of Conduct is intended primarily for consumer protection, with specific references that mainly, but are not limited to, cover consumer consent and permission for direct marketing, prohibited times for direct marketing, and consumer rights and mechanisms to opt out of any future direct marketing communication.

11. Disclaimers of Liability, Limitations of Liability and Indemnification

11.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Pushfy WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, WHETHER DIRECT OR INDIRECT, LOSS OF EARNINGS OR ANY LOSS OF DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR USE OF OR INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES ARISING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR OTHER SERVICES OBTAINED THROUGH THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR REGISTRATION DATA AND/OR VERIFIED PROFILE; AND (iv) ANY OTHER MATTER RELATING TO THE SITE AND/OR THE SERVICES OFFERED ON THE SITE.

11.2. THE LIMITATIONS OF THIS SUBSECTION WILL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE Pushfy ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN HAS FAILED OF ITS ESSENTIAL PURPOSE.

11.3. You agree to indemnify and hold harmless Pushfy, its employees, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates from any demand, loss, liability, claim or expenses (including attorneys' fees) made against Pushfy by any third party due to, arising from or in connection with Your use of the Site and/or the Services.

11.4. We will in no way be liable for the content of the Chargeable Events sent or transmitted through the Service, and full responsibility for their content will be yours. When using the Service, You must comply with all applicable laws and regulations in your jurisdiction and in the jurisdiction of all persons with whom You communicate directly. By using the Service, You also agree to be bound by the Terms of Use.

11.5. Without prejudice to the foregoing, You acknowledge that You will be solely responsible for any legal liability arising from or relating to the Content and Services (whether transmitted on Your behalf or on behalf of Third Parties).

11.6. Except as expressly provided otherwise in these Terms, in no event will We be liable to You in contract, tort, negligence or otherwise for any economic loss (including, but not limited to, any loss of earnings, loss of profits, business, contracts, revenue, turnover or anticipated savings) or for any indirect or consequential loss, whether foreseen or foreseeable.

11.7. Each party acknowledges that neither You nor We entered into the Agreement on the basis of any representation (other than any fraudulent representation), warranty or other term, except as expressly provided in the Terms and, as such, all conditions, warranties and other terms implied by statute, common law or otherwise are excluded to the maximum extent permitted by law.

11.8. We will always comply, in relation to the subject matter of these Terms, with all applicable laws, regulations and rules having equivalent effect.

11.9. You will be responsible for explaining and responding to any complaints we receive from any relevant regulator arising from Your use of the Service. We will forward any complaints to you as soon as reasonably possible. You must follow the applicable complaint procedures and respond to each complaint within the time limits specified by the relevant regulator, and must promptly send us a copy of your response. You will be liable for any fines and/or penalties imposed by any regulatory body against You or Us or any of our associated companies due to Your breach of these Terms.

Contact

If you have questions or need more information about these Terms, contact us through Pushfy's customer service channels: sac@pushfy.com or WhatsApp.