Terms of Use

Art. 1. For the purposes of this agreement, the following definitions apply:

I. Email Marketing, SMS and Mobile Media Sending Conditions and Features: the set of information provided and initial settings selected by the CUSTOMER through the MAILERWEB website, plus all subsequent changes to the subject matter of the agreement requested by the PARTIES by any means.

II. Send: The act of sending an email, SMS or Mobile Media message through the contracted tool to one or more specific Contact Lists. Both the email and the Contact Lists are defined by the CUSTOMER when using the contracted tool.

III. Contact List: A set of recipients registered by the CUSTOMER in the contracted tool. One or more Contact Lists may be registered, each with the same or different Recipients as the others.

IV. Recipient: Synonym for contact. A unique email address or phone number registered by the CUSTOMER, which may appear in one or more Contact Lists.

V. Credit: Synonym for message. Each 1 (one) email, SMS or mobile media message sent to 1 (one) recipient consumes 1 (one) credit. For example, sending an email, SMS message or Mobile Media message to a list of 15 contacts consumes 15 (fifteen) credits – or messages – of the contracted plan.

VI. Control Panel: A web system owned by MAILERWEB, accessible by the CUSTOMER through an internet-connected browser by authenticating with the username and password provided after contracting, through which the CUSTOMER uses the tool according to the contracted package and communicates with MAILERWEB.

VII. Email, SMS or Mobile Media sending time: the time elapsed between the CUSTOMER completing the send in the tool and the email generated by that send being delivered to the destination server, regardless of the action taken by the destination server. For scheduled sends, the sending time is counted from the send date set by the CUSTOMER in the tool.

VIII. Sender Policy Framework (SPF): a setting that allows email systems to verify the legitimacy of the sender's domain in relation to the IP used to send the message. In other words, it confirms that the sender is authorized by the owner of the domain stated in the email header to send it.

Art. 2. The subject matter of this agreement is the license to use software for sending emails, SMS and Mobile Media and for providing data reports on the sends made, through the purchase of a sending quota (packages) chosen by the CUSTOMER and specified in the features agreement, which shall last 30 days from the date the software is made available to the CUSTOMER.

§1. The CUSTOMER shall choose among the sending quotas offered by MAILERWEB, which take into account the use of the service within predetermined limits.

§2. Services related to creating emails, or advice on domain registration or trademark rights, are not part of the subject matter of this agreement.

§3. This instrument does not entitle the CUSTOMER to a fixed or dedicated IP, nor, in the case of SMS and/or Mobile Media sends, to exclusive phone numbers for sending; should the CUSTOMER be interested, these services must be contracted under a separate legal agreement.

§4. The CUSTOMER understands that the Services are offered as a preview version provided 'AS IS' and do not represent MAILERWEB's final product. The CUSTOMER also understands that the Services may contain errors, 'bugs' and other issues that may result in system failures, failures in the use of the software or data loss.

Art. 3. The reports generated by the software covered by this agreement remain available to the CUSTOMER during the contracted period, except where this period is extended under the option in Art. 42 below.

§1. MAILERWEB reserves the right to delete report data after the period established in Art. 42 of this instrument.

§2. Backing up the information obtained through the contracted software is the sole responsibility of the CUSTOMER, and MAILERWEB cannot be held liable for any misplacement or loss of such data and information for any reason, pursuant to Art. 22, VI.

Art. 4. In consideration for the contracted service, the CUSTOMER undertakes to pay the agreed price for the service in advance, as agreed at the time of contracting.

Art. 5. Per-send plans have no maximum number of contacts, being limited by the contracted sends. In per-contact plans, the number of email addresses is limited according to the plan, but the number of sends is unlimited, except for the Forever Free plan, which is limited to 12,000 sends.

Art. 6. If the CUSTOMER has opted for a predetermined message sending quota, usage will be calculated by adding up the recipients in each send, with 01 (one) credit counted for each recipient in the send for the purpose of verifying the number of messages sent.

Art. 7. The contracted message sending quota will be available for the CUSTOMER's use for 30 (thirty) days after the service is made available, with no refund of the monthly allowance price if not all credits are used, nor any carryover of credits for emails to be sent in subsequent months.

Sole paragraph. For message sending plans contracted under the prepaid annual credits model, the sending allowance will be valid for up to 01 year from the contract date, once payment is confirmed.

Art. 8. If the CUSTOMER wishes to increase the number of message sends available during the period established in the previous article (30 days), they must contact MAILERWEB, which will send the instruments required to pay for the additional allowance; the additional sends will only be made available after the payment has cleared.

Sole paragraph. The additional purchase of message sends described in the caput will not result in renewal or change of the agreement's term; the new sends will remain available until the end of the term established at signing or renewal, with no refund of the additional allowance price if not all sends are used by the end of the agreement, nor any carryover of email credits to future renewals.

Art. 9. Payment must always be made in advance of the license covered by the agreement, on the due date, using the payment methods available in the MAILERWEB control panel.

Art. 10. The amount charged is indivisible, and partial payment is not accepted.

Art. 11. The CUSTOMER may, through the Control Panel and during the term of this agreement, pay new amounts, which will result in the renewal of this agreement.

Sole paragraph. If the payment referred to in the caput is not verified, MAILERWEB may send instructions for renewing the agreement by email to the address provided by the CUSTOMER when entering into this agreement.

Art. 12. The subject matter of this agreement will be immediately suspended in the event of a stop-payment order or chargeback of the agreed payment, or any other situation in which the chosen payment method cannot be completed.

Sole paragraph. In the event of a block under the caput of this article, reactivation will only be possible upon payment of the contracted price and will be carried out only after it has cleared, within a maximum of 72 business hours.

Art. 13. Offers related to the services contracted herein made by MAILERWEB to the general public, even if more favorable, will have no effect on this agreement.

Art. 14. In the event of successive renewals and continued provision of the service, the contracted price will be adjusted annually from the date of the initial agreement, according to the variation of the IGPM/FGV index.

Art. 15. Except for renewal invoices, which will be sent by email pursuant to art. 12, communication between the Parties may take place through the Control Panel or by email.

Art. 16. This agreement remains in force for as long as the service is contracted, starting upon payment confirmation and ending when the plan is canceled.

Art. 17. Completing registration on the MAILERWEB website implies the CUSTOMER's acceptance of all terms of this agreement, and MAILERWEB may confirm the registration before making the service available.

Art. 18. If it finds that the information provided by the CUSTOMER is untrue or incomplete, MAILERWEB may suspend the service until the registration is corrected.

Art. 19. MAILERWEB may send to the email addresses provided at registration, by the 25th day of the agreement's term and pursuant to Art. 11 above, information and instruments for renewing this agreement for the same period and conditions, with such renewal conditional upon prior payment of the price informed by MAILERWEB.

Sole paragraph. If the CUSTOMER does not receive the aforementioned email by 5 (five) days before the end date of the agreement, they must notify MAILERWEB so that new information can be sent; failing to do so, the CUSTOMER will be subject to all effects of the termination of the agreement, including those mentioned in Art. 43 below.

Art. 20. Upon renewal, if the CUSTOMER wishes to change the message sending quotas, they must pay for the new quota through the Control Panel or submit the request to MAILERWEB before the deadline for sending the information provided for in Art. 19, so that the agreement can be renewed in time to avoid service interruption.

Art. 21. This agreement may be amended at any time by MAILERWEB to comply with current legislation; MAILERWEB will send a copy of the new agreement to the CUSTOMER's registered emails and make it available on its website - http://www.mailerweb.com.br, in the Terms of Use section. Amended clauses and conditions will govern this agreement from the first renewal after the new agreement, which will constitute the parties' agreement to its new content.

Art. 22. The CUSTOMER shall:

I. Pay the established price by the due date, according to the amount of the contracted plan.

II. Use the service covered by this agreement lawfully; it may not be used to transfer or disseminate data that is illegal, offends morals and good customs, shows prejudice based on race, creed or color, conveys, incites or encourages pedophilia, contains viruses or other elements that may damage or prevent the normal operation of networks and computer systems, or is contrary to the principles of law, such as unauthorized mp3 files, images and videos, pornographic content, 'pirated' software or any other file that infringes copyright, civil or criminal law.

III. Provide true, up-to-date and complete information when registering, on the basis of which the rules of the relationship between the parties will be defined, including with regard to replacing the administration and website access password; MAILERWEB may use its own or a third-party service to verify the accuracy and validity of the information.

IV. Report any change in registration data, including a change of email; otherwise, all notices, notifications and correspondence sent to the addresses in their registration will be considered valid.

V. Be responsible for the secure and confidential use and distribution of the access password to the contracted plan, and change the password if MAILERWEB's control systems, or MAILERWEB itself, detect that the password is below the recommended minimum security standards, potentially exposing MAILERWEB's servers to 'hackers' and jeopardizing the operation of servers and services.

VI. Mandatorily keep copies of the emails and images sent, the statistics generated by the reports and the registered contact lists, stored in a safe place through a full backup, for restoration in case of loss, regardless of the cause, whether caused by the CUSTOMER, MAILERWEB or third parties.

VII. Not use the service for SPAM, sending abusive and widespread unsolicited advertising or promotional emails that lead to complaints from recipients, nor use it for illegal purposes.

VIII. Faithfully observe the provisions of the 'Brazilian Internet Civil Framework' and the 'General Data Protection Law', which govern the relationship between the parties.

IX. Use the email marketing services seeking not to exceed error rates above 10% per campaign.

X. The CUSTOMER undertakes to record in its database all contacts who ask to stop receiving its emails, and must use the equipment leased by the PROVIDER only to contact customers who have not objected to this practice.

XI. The CUSTOMER agrees to cooperate with official investigations, expressly allowing MAILERWEB to provide the information requested by the Brazilian Public Prosecutor's Office, judicial bodies and similar authorities whenever formally requested.

XII. The CUSTOMER agrees that MAILERWEB is not responsible for the engagement of the messages sent, and MAILERWEB is exempt from any liability for the content or expected engagement of messages sent using this tool.

XIII. The CUSTOMER acknowledges that MAILERWEB is not responsible for message delivery speed, which may be delayed due to technical restrictions of the telephone network, in the case of SMS, or, in the case of mobile messages, due to technical difficulties in accessing the social networks that provide access for sending this type of message. The CUSTOMER agrees that MAILERWEB cannot be penalized for such a situation.

Art. 23. In the event of service interruption due to a block caused by spam, MAILERWEB will not suspend monthly billing, and the CUSTOMER is solely responsible for stopping the spam practice in order to resume normal use of the services.

Art. 24. The CUSTOMER undertakes to use the service contracted herein only to send messages on its own behalf, or on behalf of third parties who have expressly authorized it to do so.

Art. 25. The CUSTOMER is expressly prohibited from purchasing or contracting 'contact list' supply services that in any way conflict with the provisions of this agreement, the 'Brazilian Internet Civil Framework' or the 'General Data Protection Law'.

Art. 26. The CUSTOMER declares full awareness that, when sending email marketing messages, the inclusion of its sender address on one or more blacklists will reduce the number of messages that reach their destination, reducing the System's efficiency, and the PROVIDER is exempt from liability for System malfunction in this case.

Art. 27. If the information provided is wrong or incomplete, changes without notice, or makes it impossible to identify the CUSTOMER, MAILERWEB may cancel or suspend the services covered by this agreement, being exempt from any liability or reimbursement.

Art. 28. If MAILERWEB verifies, through its own means or a substantiated complaint, that the CUSTOMER has breached the obligations established in Art. 22, especially those listed in items II, III, V, VII and VIII, and in Arts. 23 and 25, the CUSTOMER's service will be immediately canceled without any refund of amounts paid, without prejudice to any compensation for damages to third parties that MAILERWEB may suffer.

Art. 29. Any breach of any contractual rule by the CONTRACTOR entails the immediate suspension and termination of services, without prior notice, without prejudice to the specific termination provisions established in this instrument.

Art. 30. The CONTRACTOR shall be fully liable for misuse of the service, pursuant to all preceding items, or for any other violation of Brazilian or international law given the global reach of the Internet, fully indemnifying MAILERWEB for any judicial or administrative damages resulting from content broadcast through the CONTRACTOR's website, email, or any other account service.

Art. 31. The CONTRACTOR acknowledges that, in the event of high message delivery demand and depending on the technical server capacity, variations in delivery times may occur, with the CONTRACTOR agreeing to observe a duty of tolerance provided such variations do not unreasonably compromise the performance of the contract.

Art. 32. It is MAILERWEB's obligation to ensure the operation of the contracted service for at least 99% of monthly uptime, except in events of force majeure or acts of God, as well as prior scheduled maintenance notifications by MAILERWEB, or in cases of:

I. burnout or physical hardware failure, taking up to 8 hours for physical replacement;

II. connectivity failure, with MAILERWEB ensuring at least 2 distinct Internet routing uplinks in the event of partial or total instability;

III. failure of the CONTRACTOR's Internet link without fault of MAILERWEB, such as when the CONTRACTOR's ISP cannot establish connection to MAILERWEB's servers;

IV. necessary interruptions for technical tuning or maintenance, such as hardware installation/replacement or software upgrades, scheduled with advance notice preferably during low-traffic night hours;

V. emergency interventions required to preserve platform security, mitigate security exploits, or deploy urgent security patches;

VI. suspension of contracted services by order of competent legal authorities or due to breaches of this contract.

Art. 33. The main object of this contract is the provision of software for dispatching messages to contact lists, with all other features considered ancillary services.

§1. Maintenance outages in ancillary services that do not directly prevent message delivery shall last only as long as necessary, not exceeding 3 (three) consecutive days.

§2. Access to delivery reporting analytics is deemed an ancillary service; temporary difficulty accessing reports shall not warrant fee discounts, subject to the previous paragraph.

Art. 34. Support shall be provided via suporte@mailerweb.com.br or through the Control Panel helpdesk ticket system, with first response within 24 business hours.

Art. 35. MAILERWEB's duties also include:

I. Ensuring operational efficiency and optimal platform performance, applying appropriate safeguards to prevent disruptions;

II. Maintaining full confidentiality and refraining from disclosing the CONTRACTOR's registration, stored, or transmitted data, except pursuant to valid court orders.

Art. 36. MAILERWEB is authorized to take necessary measures to protect and maintain its servers and infrastructure, including deploying security patches; however, it is not liable for unauthorized cyberattacks given that no technology is completely infallible.

§1. If MAILERWEB determines that passwords used by the CONTRACTOR or its users fall below minimum security thresholds, it may block access without prior notice until secure credentials are created.

§2. If messages dispatched by the CONTRACTOR cause server blacklisting or reputation damage impacting deliverability, MAILERWEB reserves the right to immediately suspend access and terminate the agreement without penalty.

Art. 37. MAILERWEB reserves the right to modify any interface design or Control Panel feature, with the CONTRACTOR adapting to the updated environment.

Art. 38. MAILERWEB reserves the right of recourse against the CONTRACTOR for any liability or fines incurred due to the CONTRACTOR's misuse of the service.

Art. 39. For subscription plans exceeding 30 (thirty) days, the service may be cancelled by submitting a cancellation request directly within the Account Control Panel.

§1. Under the caput, any refundable amount shall follow the formula: (amount paid) – [(number of months used) X (regular monthly plan price)].

§2. For annual, semi-annual, or quarterly commitments, an early termination fee equal to the promotional discount granted shall be deducted from the refund.

§3. Under no circumstances shall fees be refunded for any billing period in which messaging dispatches have already commenced.

Art. 40. In any scenario entitling a refund, MAILERWEB shall execute repayment within 30 business days following receipt of complete payout details.

Art. 41. MAILERWEB may terminate the contract at any time without penalty or liquidated damages upon refunding the unused proportional service quota. For contact-based unlimited plans, refunds shall be proportional to unused calendar days regardless of dispatches performed.

Art. 42. Upon agreement expiration without renewal or in the event of termination, access to the software shall remain open for 10 calendar days without additional sending quota, strictly for exporting historical data and reports.

Art. 43. Following cancellation or non-renewal, MAILERWEB is authorized to permanently purge contact databases, templates, and analytics reports from its servers after 30 (thirty) calendar days.

Art. 44. The CONTRACTOR undertakes to strictly respect and comply with all terms of this agreement.

Art. 45. If any provision of this agreement is held unenforceable or invalid, the remaining provisions shall remain in full force, with the invalid clause replaced by a lawful one reflecting the original intent.

Art. 46. The parties agree that written tickets logged in the Control Panel constitute valid, effective, and binding communication concerning all aspects of this service agreement.

Art. 47. MAILERWEB reserves the right to require written confirmation through the Control Panel helpdesk ticket system before executing actions requested by the CONTRACTOR.

Art. 48. The District Court of Rio de Janeiro, Brazil is elected to settle any disputes arising from this contract, with waiver of any other jurisdiction.