Terms of Use

Last updated: May 26, 2026

Courtesy translation. In case of any discrepancy, the Brazilian Portuguese version prevails.

View the official version in Brazilian Portuguese

Effective: as of the date of publication.

1. Acceptance and definitions

These Terms of Use ("Terms") govern access to and use of the Gráfica Plus platform ("Platform", "Service"), a trade name operated by AGENCIA CLONE LTDA, registered with the CNPJ/MF (Brazilian National Registry of Legal Entities) under No. 44.695.258/0001-25 ("Provider", "we"). By creating an account, subscribing to a plan or using any feature, you ("Customer", "Client", "you") declare that you have read, understood and fully agree to these Terms and to the Privacy Policy, which is an integral part of this agreement.

For the purposes of these Terms:

Platform: the set of software, websites, applications, APIs, modules and ancillary services operated by Gráfica Plus.
Plan: the subscription type contracted (including the free trial period, monthly and annual plans, and add-on modules).
End Customer: the individual or legal entity that interacts with the Customer through the Platform's features (for example, when buying from a public catalog or chatting through the store's WhatsApp).
Customer Content: all data, texts, images, lists, messages, settings and files entered by the Customer into the Platform.

2. Description of the service

The Platform is a multi-tenant SaaS system that offers, among other features:

A public digital catalog with management of products, variations, images and categories;
Receipt and management of orders, including public tracking by token;
Contact and sales pipeline management (CRM);
Integration with WhatsApp Business through Meta's official channels;
Message automation, quick replies and AI assistants;
Import and analysis of paid traffic campaigns (Meta Ads, Google Ads via CSV);
Sending of marketing and transactional email through a provider configured by the Customer;
Custom domain and DNS configuration for the catalog;
Integrations with payment gateways (Mercado Pago and Asaas);
Financial dashboard, reports and auditing.

The scope of features may vary according to the contracted Plan and the activated modules. The Provider may evolve, modify or discontinue features, communicating relevant changes with reasonable advance notice.

3. Registration and responsibility for the account

The Customer must be a person over 18 years of age or a legally incorporated company.
Registration requires true, complete and up-to-date information.
The password is personal and non-transferable; the Customer is responsible for keeping it safe.
All activity carried out in the account is the Customer's responsibility, unless unauthorized access by third parties resulting from a failure attributable to the Provider is proven.
The Customer must immediately notify the Provider of any suspected unauthorized use of the account.
The Provider may require additional identity verification, especially for the release of payments, payouts or connections with external gateways and providers.

4. Free trial period

New registrations may include a free trial period, as indicated on the plans page or in the offer in effect at the time of registration.
During the trial period, the Customer has access to the features provided for in the trial Plan and may perform setups and tests.
Features that involve third-party costs (sending paid WhatsApp messages, ads on Meta, emails beyond contracted limits) may be limited or require an additional purchase.
At the end of the trial period, full access depends on subscribing to a paid Plan. Data configured during the trial is preserved in accordance with the Retention Policy (item 11).

5. Plans, payment and renewal

5.1. Billing cycle

Plans are billed in monthly or annual cycles, as chosen by the Customer.
Billing is made in advance at the beginning of each cycle.
The amount charged is the one in effect at the time of subscription or renewal. Price increases will be communicated at least 30 days in advance.

5.2. Payment methods

Credit card (recurring) and Pix, processed by payment gateways licensed in Brazil.
Card data is handled exclusively by the gateway under the PCI-DSS standard; the Provider does not store the full card number, expiration date or CVV.

5.3. Automatic renewal

Plans paid by credit card are automatically renewed at the end of each cycle, unless previously canceled by the Customer. For Pix, renewal depends on the manual payment of each charge.

5.4. Payment failure

In the event of non-payment, the Customer will be notified by email and/or in the dashboard. Access may be suspended after the due date, with the data kept for the established retention period.
Reactivation will occur after payment is confirmed. The Provider may charge late-payment charges provided for by law and monetary adjustment.
The Provider may terminate the agreement for continued non-payment exceeding 30 (thirty) days after the due date, upon prior notice.

5.5. Cancellation and right of withdrawal

Cancellation of the subscription may be requested at any time, through the dashboard or the support channels.
Cancellation stops automatic renewal; access remains active until the end of the cycle already paid, unless immediate closure is expressly requested.
On annual plans, the Customer may terminate early; in that case, any balance of unused months will be refunded on a pro rata basis, less any discounts granted for the annual subscription and non-recoverable costs.
For subscriptions made entirely through the website (consumer who is an individual), the 7 (seven) day right of withdrawal provided for in Art. 49 of the Brazilian Consumer Protection Code applies, counted from the subscription, with a full refund, unless the service has already been effectively used.

6. Add-on modules and third-party costs

Some features may be charged separately as optional modules (for example, advanced WhatsApp automations, AI, high-volume email marketing). Costs charged directly by third parties — such as paid ad budgets on Meta, payment gateway fees, per-message WhatsApp Business costs and email provider sending quotas — are not included in the subscription price and are the sole responsibility of the Customer.

7. Customer Content and responsibilities

7.1. Ownership

All Customer Content (products, images, contact lists, messages, settings) remains the property of the Customer. The Customer grants the Provider a limited, non-exclusive and non-transferable license to host, process, transmit and display such content solely to provide the Service.

7.2. Responsibility for content

The Customer is solely responsible for the Customer Content, including its accuracy, legality, and for obtaining licenses and usage rights for images and texts.
The Customer warrants that it has a legal basis and consent, where applicable, to process the personal data of the End Customers it registers or imports into the Platform.
The Provider may, upon substantiated notice (copyright, trademark infringement, court or administrative order), remove manifestly unlawful content or suspend specific features, under the terms of Law No. 12.965/2014 (Marco Civil da Internet).

7.3. Operation and commercial relationship with End Customers

The Platform is only the technological tool. The relationship of purchase and sale, provision of services, delivery, payment and service to the End Customer is directly between the Customer and the End Customer. The Provider is not a party to that relationship and is not liable for:

The accuracy of prices, descriptions or lead times published by the Customer;
The quality, conformity or delivery of the products/services sold;
Refunds or disputes between the Customer and the End Customer;
Messages sent by the Customer or on its behalf through the configured integrations (WhatsApp, email, SMS, etc.).

8. Acceptable use

The Customer is prohibited, directly or through third parties, from:

Using the Platform for unlawful or fraudulent purposes or purposes contrary to morality and good customs;
Selling prohibited or regulated products or services without proper authorization (weapons, controlled substances, unregulated gambling, unauthorized adult content, pyramid schemes, among others);
Engaging in SPAM, mass sending to lists acquired without a legal basis, or disregarding opt-outs;
Performing reverse engineering, decompilation, mass scraping, automated scanning or attempts to gain unauthorized access to restricted areas;
Deliberately overloading the infrastructure, distributing malware or exploiting vulnerabilities;
Using the Platform to compete directly with the Provider, replicate its features, or resell access without express authorization;
Sharing credentials among multiple companies or accounts beyond the limit provided for in the Plan;
Violating data protection, intellectual property, consumer protection or industry-specific laws applicable to its business.

The Provider may suspend or close the account, with or without prior notice, in the event of a violation of these Terms, without prejudice to the determination of liability.

9. Email marketing, WhatsApp and communications

The Platform offers tools for sending communications to End Customers. The use of these tools requires compliance with additional rules:

9.1. Email marketing

The Customer is responsible for having a legal basis for each recipient (consent, prior contractual relationship, duly assessed legitimate interest).
Sending to lists that were purchased, scraped from the internet or obtained without a legal basis is prohibited.
Every send includes an automatic unsubscribe (opt-out) mechanism.
The Customer must honor opt-out requests immediately.
The Provider may suspend campaigns with excessive complaint (spam complaint) or bounce rates, in accordance with the limits applied by the integrated providers.
The Customer will reimburse the Provider for any blocking of IPs/domains resulting from misuse.

9.2. WhatsApp Business

Use of the official WhatsApp integration is subject to the WhatsApp Business Policy, to Meta's business policy and to the rules for sending approved templates.
Messages outside the 24-hour customer service window require approved templates; session and marketing fees are charged by Meta directly to the Customer's account.
Sending unsolicited messages, misleading content or scams, or disregarding opt-outs, is prohibited. A violation may result in the number being blocked by Meta, which shall not constitute liability of the Provider.

9.3. Communications from the Provider to the Customer

The Provider may send transactional communications (billing, security, changes to the Terms, operational alerts) based on the performance of the agreement, and commercial communications with consent, always with an option to unsubscribe.

10. Data protection and LGPD roles

For the purposes of Law No. 13.709/2018 (LGPD — Brazilian General Data Protection Law), the Parties acknowledge that:

With respect to the Customer's data (registration, payment, access, direct communication), the Provider acts as Controller.
With respect to the data of End Customers entered by the Customer into the Platform, the Provider acts as Processor and the Customer as Controller.
The Customer declares that it has valid legal bases to process the End Customers' data and is responsible for data subject requests related to that data, as detailed in the Privacy Policy.
The Provider will support the Customer in handling data subject requests and security incidents, within the limits of its role as Processor.
The Provider may use sub-processors (cloud infrastructure provider, payment gateways, Meta's official WhatsApp and advertising channels, language model provider, monitoring and CDN/security services, among others), provided an adequate level of protection is maintained. The up-to-date list of named sub-processors is available upon request to the Data Protection Officer.

11. Data retention and export

During the term of the agreement, the Customer Content remains accessible to the Customer for use and export.
After the account is closed, data is kept for up to 90 (ninety) days for recovery or dispute purposes, and then deleted or anonymized, except for data that must be preserved due to a legal obligation (tax, accounting, court orders).
The Customer may request the export of its data through the support channels, in a structured and commonly readable format, subject to trade and industrial secrets.

12. Intellectual property

The Platform, its trademarks, logos, interface, source code, flows, documentation and technical materials are the exclusive property of the Provider, protected by Brazilian and international intellectual property laws.
The subscription grants the Customer a limited, personal, non-exclusive, non-transferable and revocable license to use the Platform, solely for the purposes set forth in these Terms.
The Customer does not acquire any right over the Platform beyond the license to use it. Reproduction, redistribution, sublicensing or the creation of derivative works without express authorization is prohibited.
Feedback, suggestions and ideas submitted by the Customer may be used by the Provider to improve the Service, without giving rise to any obligation of payment or assignment of the Customer's rights.

13. Service availability and support

The Provider makes reasonable efforts to keep the Platform available 24 hours a day, 7 days a week, except for scheduled maintenance downtime, third-party failures (infrastructure providers, payment, Meta) and force majeure events.
Significant maintenance windows are communicated with reasonable advance notice and prioritized for off-peak hours.
Support is provided through the official channels (email, WhatsApp and dashboard) during business hours. Specific SLAs, when provided for, are set out in the contracted Plan.

14. Limitation of liability

Without prejudice to the rights of consumers who are individuals, and to the extent permitted by law:

The Platform is provided "as is", without warranty of fitness for specific purposes not stated in the agreement.
The Provider is not liable for: (i) loss of profits; (ii) loss of business opportunity; (iii) damages resulting from misuse by the Customer; (iv) interruptions caused by third parties (payment gateways, messaging and advertising platforms, AI providers, CDN, email and other sub-processors); (v) blocks applied by external platforms under their own policies; (vi) losses resulting from the entry of incorrect data or the loss of credentials by the Customer.
The Provider's total liability for proven direct damages, regardless of the cause, is limited to the amount actually paid by the Customer in the 12 (twelve) months prior to the event that gave rise to the damage.
Under no circumstances shall the Provider be liable for content published by the Customer, for commercial relationships with End Customers or for penalties imposed on the Customer for non-compliance with laws applicable to its own business.

15. Indemnification

The Customer shall indemnify and hold harmless the Provider, its partners, officers, employees and business partners from any claims, losses, costs or expenses (including attorneys' fees) arising from:

Use of the Platform in breach of these Terms;
Customer Content published or sent through the Platform;
Improper processing of End Customers' personal data by the Customer;
Disputes with End Customers, suppliers or partners of the Customer;
Violation of third-party rights (intellectual property, image, trademark, privacy) by the Customer.

16. Suspension and termination

The Customer may terminate the agreement at any time, subject to item 5.5.
The Provider may suspend or terminate access, upon reasonable prior notice, in the event of a violation of these Terms, the Privacy Policy or a legal obligation, including: non-payment, fraud, SPAM, unlawful activity, court order, or risk to the security of the Platform or third parties.
In serious violations (for example, unlawful activity or imminent risk), suspension may occur immediately, with subsequent notice.
Closure does not release the Customer from outstanding financial obligations or from liabilities arising from misuse.

17. Changes to these Terms

The Provider may update these Terms to reflect changes in the Service, in legislation or in the operational context. Material changes will be communicated at least 15 (fifteen) days in advance by email and/or a prominent notice in the authenticated dashboard. Continued use of the Platform after the new versions take effect constitutes acceptance of the changes. If the Customer does not agree with the changes, it may terminate the agreement through the established channels.

18. Communications and official channels

Support and sales inquiries: contato@graficaplus.com.br
Privacy and data protection: privacidade@graficaplus.com.br
Official WhatsApp: published on the institutional website and in the authenticated dashboard.

Communications between the Parties will be considered valid when sent to the email address provided by the Customer at registration, and the Customer must keep this information up to date.

19. Final provisions

Any tolerance by either Party in requiring compliance with a clause of this agreement does not imply waiver or novation.
The nullity or ineffectiveness of any clause will not affect the validity of the others, which will remain in force.
These Terms, together with the Privacy Policy and the contracted Plan, constitute the entire agreement between the Parties, superseding any prior understandings.
The Customer may not assign the agreement to third parties without the Provider's prior authorization. The Provider may assign the agreement in cases of corporate reorganization, maintaining the contracted level of protection.

20. Governing law and jurisdiction

These Terms are governed by the laws of the Federative Republic of Brazil. To settle any disputes arising from this agreement, the courts of the Customer's domicile are chosen when the Customer is a consumer who is an individual; in all other cases, the courts of the judicial district (Comarca) of the Provider's headquarters, waiving any other, however privileged it may be.