Terms of Use

1 - The Service

The “Service” includes

a) Access to the portal with all the features that the platform provides, in accordance with the license acquired
b) The support portal specific to the account
c) The Kinbox API for integration with third-party applications
d) Content related to the plan acquired, including all software data, sounds, images, PDFs, videos and any other content ultimately made available by Kinbox. Any new features added to or augmenting the Service are also subject to the Terms and conditions (hereinafter also referred to as: “the Terms”)

2 - Acceptance of Terms

Kinbox provides its service to you through its website, www.kinbox.com.br and individual Kinbox accounts created for you, the customer, as described above.

By accepting these Terms or accessing the URLs provided by Kinbox, you acknowledge that you have read, understood and agreed to accept the following terms and that the representations made by you on www.kinbox.com.br are accurate, complete and within your rights to make. If you are entering into these Terms on behalf of an employer or a third party, you declare that you have the authority to bind that entity to these Terms. If you do not have such authority or do not agree with the Terms, you are not permitted to use the Kinbox service.

The Kinbox service is available only to corporate customers. If you are not a commercial entity but a private individual, you are not permitted to use the Kinbox service.

You acknowledge that these Terms constitute a contract between Kinbox and you and that your electronic registration acts as a legally binding contract.

3 - Terms of Use

Kinbox reserves the right to terminate or modify the service at any time, without prior notice.

The Service is provided “as is” and “as available” without any warranty or condition, whether express, implied or statutory.

Kinbox does not represent that the service will be uninterrupted or error-free, and customers use the application at their own risk. However, if the application is unavailable due to planned maintenance, we will do our best to notify all users in advance.

You agree, as a customer, not to license, resell, rent, transfer or distribute the service to third parties.

You agree, as a customer, not to use Kinbox for illegal purposes, such as violation of privacy, data ownership or intellectual property rights.

You agree to act in accordance with the anti-spam policy guidelines of your country and must not use Kinbox to transmit unsolicited messages, subject to a ban by the platform, which does not authorize such behavior.

As a Kinbox customer, you acknowledge that Kinbox is the owner of the software and you do not have the right to adapt, hack or reverse-engineer the software's source code.

You are responsible for the data stored in your Kinbox account and for all data, whether email, chat or social media messages, sent from your Kinbox account. Kinbox is not responsible for any racist, defamatory or slanderous message (chat, email or social media) sent through the Kinbox application, and you will indemnify Kinbox for any damages related to such an occurrence.

You agree to keep your login information confidential and to restrict each login to one person. A single user account cannot be shared by several people.

Kinbox reserves the right to cancel a customer's account immediately and without prior notice if the customer breaches the Terms above. If, at Kinbox's sole discretion, we determine that the customer has abused their access rights, termination of the Kinbox application, without notice, will take effect immediately.

4 - Data privacy and security

In providing the service to you, we shall maintain all reasonable administrative and technical safeguards to protect the security, confidentiality and integrity of your data.

Kinbox will only access your account upon your request for technical assistance. You will be asked to provide explicit consent each time a Kinbox employee needs to access your account. No Kinbox employee will access your account without prior permission, unless required by law.

5 - Intellectual property rights

Kinbox shall retain all rights, title and interest in our respective patents, inventions, copyrights, trademarks, domain names and any other intellectual or property rights. The rights granted to you to use the Service do not, by extension, transmit any title to patents, inventions, copyrights, trademarks, domain names or any other intellectual property owned by Kinbox.

Any feedback, enhancement suggestions or recommendations received from you may be incorporated into the Kinbox service: worldwide; royalty-free; in perpetuity; and into any other Kinbox product by transfer. You may not claim any rights over these incorporations, now or in the future.

6 - Third-party services

In order to deliver our services to you, Kinbox may use third-party services. Your acceptance of these services confirms your compliance with the Terms and conditions of these third-party services. Kinbox is not responsible for nor does it endorse the governance of your rights by third-party companies. Kinbox is not responsible for damages or losses attributed to or connected with your access to third-party services.

In delivering the WhatsApp service, Kinbox relies on the possibilities that WhatsApp Inc. offers to establish a successful connection with the WhatsApp Messenger platform. WhatsApp Inc. may take technical or legal actions that could result in the WhatsApp service of Kinbox being inoperative or defective. Kinbox cannot, therefore, guarantee the availability (uninterrupted or error-free) of the WhatsApp service, and customers use this service at their own risk. Kinbox accepts no liability for possible unavailability or interrupted availability of the Kinbox WhatsApp connector service.

7 - Trial, Billing, Renewal and Payments

Each individual representing a company, as identified by a unique email address, is allowed a free Kinbox Trial evaluation for a period of 3 days, unless otherwise agreed.

At the end of the 3-day trial period, the Trial account will be blocked, unless the customer expressly chooses one of the other service plans, which, in the case of paid plans, requires them to enter their billing information. Kinbox is not responsible for any loss of access to features and data when the Kinbox application is downgraded from "Pro" to "Free".

Kinbox paid service plans are billed monthly (this includes the billing month and may range from 28 days to 31 days, depending on the calendar month) or annually and in advance.

When choosing a monthly subscription, the customer receives one month of access (28 to 31 days, as determined by the calendar month) to the given subscription after payment is made. The customer will be automatically charged on the same day each month for continued access to the paid subscription. For example, a customer purchases a monthly "Pro" subscription on January 4, which grants access until February 3. On February 4, the customer's paid account will be automatically renewed for a one-month period, and the customer will be charged using the billing information provided for the next month's access.

When choosing the annual subscription, the customer receives one year of access to the given subscription after payment has been made. The customer will be automatically charged on the same date each year for continued access to the paid subscription. For example, a customer purchases an annual "Enterprise" subscription on April 6, which grants access until April 5 of the following year. On April 6 of the next year, the customer's paid account will be automatically renewed for a one-year period, and the customer will be charged using the billing information provided for the following year's access.

If payment is not received by Kinbox in the process of activating or renewing the subscription, the customer will have their account blocked. Kinbox reserves the right to delete blocked accounts, including their content.

Customers may upgrade their subscription to another plan at any time. There is no refund for account cancellations before the expiration of the prepaid month or prepaid year. If the customer upgrades during their prepaid month or prepaid year, the difference for the remaining days of their billing month or billing year will be charged pro rata at the time of the upgrade. Thereafter, the customer will be charged the new price for each subsequent billing month or billing year.

8 - Termination / Refund / Service cancellation

Cancellation can be done within the Kinbox application or by sending a written request to contato@kinbox.com.

Cancellation becomes effective as of the end of the applicable subscription period. When choosing a monthly subscription, the subscription ends at the end of the applicable billing month period. When choosing an annual subscription, the subscription ends at the end of the applicable billing year period. Thus, when cancelling a subscription, there is no refund of the amount, but the customer may access and enjoy the platform's features until the end of the subscription period.

Once the cancellation takes effect, the customer will no longer have access to the application's basic features or its content. Kinbox reserves the right to delete cancelled accounts, including all their content.

9 - Modifications to the service or prices

Kinbox reserves the right, at any time, to modify or discontinue the Service (or any part thereof) with or without prior notice.

Kinbox will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

Kinbox reserves the right to implement price changes with 7 days' prior notice to the customer. Customers on monthly subscriptions will receive the new price in the next billing month that falls after the 7-day notice. Customers on annual accounts will be charged the agreed amount for the full 12 months of their contract; thereafter, the new price will take effect.

10 - Disclaimer of warranties

The service, including the website and content, and all server and network components are provided “as is” and “as available”, without any warranties of any kind to the maximum extent permitted by law, and Kinbox expressly disclaims any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability, title, fitness for a particular purpose and non-infringement. You acknowledge that Kinbox does not warrant that the service will be uninterrupted, timely, secure, error-free or virus-free, and no information or advice obtained by you from Kinbox or through the service will create any warranty not expressly stated in these Terms.

11 - Limitation of liability

No consequential damages. Under no circumstances and under no legal theory (whether in contract, tort, negligence or otherwise) will either party to these Terms, or affiliates of such parties or their respective directors, officers, employees, agents, suppliers or licensors be liable to the other party or any third party for any indirect, incidental, special, exemplary, consequential, punitive or similar damages, including loss of profits, lost sales or business, loss of data, business interruption or any other loss incurred by such party in connection with these Terms or the service, regardless of whether such party was advised of the possibility of or could have foreseen such damages.

Monetary damage limits. Notwithstanding any provision to the contrary in these Terms, Kinbox's aggregate liability for damages (monetary or otherwise) under these Terms claimed by you or by third parties arising out of our services will be limited to the lesser of (i) actual damages incurred, or (ii) payments made by you for the service during the 12 (twelve) months preceding the claim. The parties acknowledge and agree that the essential purpose of this section 11.2 is to allocate the risks under these Terms between the parties and to limit their potential liability given the fees charged under this contract, which would have been substantially higher if Kinbox had assumed any liability other than that established in this document. The parties relied on these limitations in determining whether to enter into these Terms.

12 - Assignment; entire agreement; revisions

Either party may assign or transfer these Terms, in whole or in part, without restriction, provided that the assignee agrees to be fully bound by these Terms and Conditions. These Terms supersede prior versions of these Terms, or any other discussions, agreements or understandings between the parties (except for written agreements expressly accepted and executed by both parties). We may amend these Terms from time to time, in which case the new Terms will supersede the previous versions. We will notify you of such changes and direct you to the most recent version.

13 - Severability

If any clause in these Terms is deemed unenforceable by a court of competent jurisdiction, such clause shall be modified by the court and interpreted so as to best fulfill the original provision to the maximum extent permitted by law, and the remaining provisions of these Terms shall remain in effect.

14 - Relationship of the parties

The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.

15 - Survival

Sections 5 (Intellectual Property Rights), 7 (Trial, Billing and Payments), 8 (Termination / service cancellation), 10 (Disclaimer of warranty), 11 (Limitation of Liability), 12 (Assignment; Agreement; Revisions), 13 (Severability), 14 (Relationship of the Parties) and 16 (Applicable Law) will survive any termination of these Terms.

16 - Applicable law and dispute resolution

This Agreement will be governed by and interpreted in accordance with the laws of Brazil. Any dispute or claim arising out of or related to this Agreement or its performance, breach or termination will be definitively resolved by the competent court in Fortaleza, Brazil.

17 - No other rights

No other right or license is granted under this Agreement, by implication, estoppel, statute or otherwise, except as expressly provided in this document.

18 - Use of Artificial Intelligence

The Artificial Intelligence (AI) functionality integrated into Kinbox is provided through API connection with third-party services such as OpenAI, Gemini, Grok, etc. These services are provided by companies specialized in generative language models. This feature is intended to assist in the automation of customer service and responses to customers, based on natural language and previously supplied knowledge.

However, this is a generative and statistical technology, subject to variations, erroneous interpretations, generalizations and inaccuracies. The content generated by the AI is not directly programmed or controlled by Kinbox, nor is it validated or reviewed before being presented to the end user.

Kinbox does not guarantee the truthfulness, accuracy or appropriateness of the responses provided by the AI, especially in content related to financial amounts, contractual terms or legal obligations. By using this functionality, you acknowledge that: The AI may generate incorrect, outdated or out-of-context responses (including due to interpretation error or calculation failure); It is the user's sole responsibility to define the scope and limits of the AI's operation, as well as to supervise, review and validate responses involving sensitive or high-impact information; The use of the AI for automated decision-making, price disclosure, diagnoses, legal commitments or critical recommendations without human validation is expressly discouraged.

The user is responsible for providing the knowledge base content and configuring the prompts used by the AI, including adjusting parameters such as temperature, context instructions and scope of operation. The AI's performance depends directly on these settings, and Kinbox is not responsible for any behavioral deviations resulting from inadequate settings or omissions.

Disclaimer of Liability Kinbox is not responsible for direct, indirect, incidental, moral, financial or legal damages caused by responses provided by the AI, including when such responses are interpreted as guidance, quotes, diagnoses, commitments, guarantees or promises on behalf of the user. The use of the AI functionality is optional and should be done with discernment, caution and always with human support when it involves situations of risk or relevant impact.

Discontinuation or Restriction Kinbox reserves the right to suspend or discontinue the AI functionality at any time, in whole or in part, should it identify misuse, risks to information security or non-compliance with the terms set forth herein.