Termos

The rules regarding the use of solutions offered by the company Nutek Software LLC (the “Wanode”) through its website, software and integrations (the Platform) are hereby established by the “Terms of Use”).

The use of all the features offered is subject to your acceptance of the Terms of Use, when making payment for the purchase of one of our plans and/or at the time of registration, through acceptance via checkbox. Therefore, by registering and/or making a payment, you accept these Terms of Use, as well as the other policies complementary to this instrument, which establish the contractual relationship with Wanode.

Whenever you see words with initial capital letters, those words represent a definition made in this document. These definitions may appear through words in parentheses, quotation marks and underlines (as defined above) or through the glossary at the end of these Terms of Use.

You will have access to all the rules relating to your relationship with Wanode and the use of the Platform, as well as payment rules, support, among others, and reading them is mandatory before accepting registration to use the Platform and contracting the plans offered by Wanode.

Purpose

1.1 Wanode Licensing. The purpose of these Terms of Use is the non-definitive, non-exclusive, non-transferable and irrevocable licensing of the Platform, which can be accessed through the Web Application, for use aimed at managing online services.

Features

2.1 General Features. You will be able to access certain functionalities to enable intelligent automation, marketing and sales management of your business, customer service and internal management of your company. To this end, the following functionalities can be released according to the contracted plan:

2.1.1 User Registration. You may register employees on the Platform based on the functionalities you wish to provide them, registering them as set out in clause 4. Registrations, later.

2.1.2 Self-care. The customer service function can be used by configuring a customer service menu via automated Chatbot messages, integrated via API and/or Webhook.

2.1.3. Quick responses.

2.1.4 Quick responses. Pre-prepared response templates can be created to standardize customer service, avoiding the need to write every response in full or other manual, disposable activities such as copying and pasting a message;

2.1.5 Address Book. You can register and manage your contacts through the Platform, regardless of the service channel through which this contact arrives, such as WhatsApp or Social Networks;

2.1.6 Attention Panel. A panel will be available for customer support, which will contain features such as transferring service, creating internal notes and ending service. This will be the main screen for use by users registered by you on the Platform;

2.1.7 Live chat. Wanode can install its own service channel, Live Chat, which can be integrated into the Platform through the Web Application;

2.1.8. 2.1.8. Integration. You can integrate other platforms with the Wanode Platform via API, Webhook and/or Applications;

2.1.9 Control Panel. You will be able to manage the Platform through a panel that will show information about the subscribed plan, Platform access settings and questions related to the other resources set out above.

2.2 New features. Wanode may add new features at its discretion, which will be disclosed to you, as well as information for use within the Platform.

3.1 Privacy Policy. The user can find all the rules and clarifications about privacy and data protection through the Privacy Policy at https://wanode.io/privacidade/

Record

4.1 Registration on the Platform. Both natural and legal persons can register on the Platform. Simple registration does not give access to the Platform’s functionalities and the payment conditions established later in these Terms of Use must be followed so that you or your collaborators can use the Platform as users in accordance with the classes defined below.

4.2 User Registration. Users will be able to register to use the Platform and will have access to different features depending on their classification, as set out below:

4.2.1. Regular User. Users may register to use the Platform in accordance with the functionalities of the contracted plan, without being authorized to manage other users within the Platform;

4.2.2 Administrator Users. Users may be registered to use the Platform with all the functionalities of the contracted plan, with the possibility of managing other users, at the discretion of the powers granted when registering these users;

4.2.3 Number of Users. The number of users to be registered, as well as the cost per registration on the Platform, will depend on the contracted plan.

4.2.4. Responsibility for the use of the Platform.

4.2.4 Users’ Responsibility. You will be responsible for all acts of your registered users and will be liable on their behalf if they harm Wanode in any way contrary to these Terms of Use or the law. Therefore, if Wanode identifies acts of its registered users that harm it, You may be held liable under these Terms of Use.

4.3 Suspension of Registrations by Wanode. If you or any of your registered users are found to have breached any of the obligations of these Terms of Use, registration may be temporarily suspended without notice. Suspension of registration will not allow the use of certain functions until certain obligations are met, as will be notified at the time of suspension. The fact that your account is suspended does not mean that the contract has been terminated in relation to you, therefore charges will continue to be made.

4.4 Exclusion. At Wanode’s discretion, You or Your users may be excluded from the Platform, without prior notice, without being able to use it in its entirety, for violating the duties set out in these Terms of Use. Exclusion will mean that you will not be able to use any of the features of the Platform, without prejudice to the collection by Wanode of the amounts due as a result of these Terms of Use.

Hiring Plans

5.1 Airplanes. You can contract any of the plans made available by Wanode, according to the features and payment methods available.

5.2 Prepaid Payment. To start using the plan, it is not enough to register on the Platform, payment of the amount for the plan of your choice must be made before using the contracted features. These payments will remain in prepayment mode according to the plan renewal period.

5.3 Payment methods. Plan payments can be made monthly or annually, using the means available at the time of payment, such as Stripe.

5.4 Loyalty Period. The Platform must be used for a minimum period of 3 (three) months from the date of subscription. If the Platform is canceled before this period, a penalty will be applied: (a) 10% (ten percent) of the monthly fee, if the subscription is monthly; and (b) 10% (ten percent) of the remaining value, if the subscription is annual.

5.5 Activation. After You have purchased a plan, You must activate the Platform within seven (7) days by requesting it from Wanode and sending Wanode the necessary information. If activation does not occur within the stipulated period and/or the necessary information is not sent to Wanode, your registration may be suspended. To remove the suspension of your account and activate the Platform after the initial period, you must make a new request to Wanode.

5.5.1 Payment without activation. Except in the case of exercising the right of termination provided for in the following clause, payment for the Plan will be due regardless of the activation of the Platform.

5.6 Configuration. After hiring, the Wanode team will carry out the installation, implementation, training and initial monitoring of the Platform (the “Setup”). This service will only be charged once, and the amounts will depend on the type of Installation required and planned at the time of contracting the plan.

5.7 Term. You must comply with the rules of these Terms of Use during the period in which the contracted plan is active, depending on the type of contract.

5.8 Contract renewal. The plan will automatically renew at the end of the contract period. If you do not want this to happen, you can request termination 30 (thirty) days before the end of the period.

Termination of the contract

6.1. Unjustified cancellation. You can cancel your subscription at any time. If you cancel within three (3) months of the contract date, the penalty set out in clause 5.4 will apply. Previous Loyalty Period. If you request cancellation 30 (thirty) days before the end of the Plan, as established in clause 5.8. Renewal of the previous Contract, you will not incur any expenses and you will not be charged the following invoice.

6.2 Cancellation Request. To make a cancellation request, you will need to send an email specifically to [email protected] with the subject line “PLAN CANCELLATION”.

6.3. Cancellation for just cause. Wanode may unilaterally cancel your plan when it believes that you have violated these Terms of Use. In this case, your account will be deleted from the Platform and you will have to pay the other penalties provided for in these Terms of Use and, as the case may be, you will have to compensate Wanode for losses and damages.

6.4 Platform History. Regardless of the reason for canceling the plan, from the moment of cancellation and consequent exclusion of the user, Wanode will provide a history of conversations and/or other files eventually inserted into the Platform for a period of up to 90 days.

Platform Maintenance

7.1 Availability. Wanode will do its best to keep the Platform running 24 hours (twenty-four hours), however, it cannot guarantee 100% (one hundred percent) of this availability. Wanode will have guaranteed operation for 95% (ninety-five percent) of the time the Platform will be available for use.

7.2 Maintenance. The Platform is subject to periodic updates and maintenance, which will preferably occur outside business hours. In the event of instabilities occurring in all or part of the Platform, Wanode reserves the right to correct them in a timely manner, without causing any damage to the contractual relationship.

Wanode Exclusion of Liability

8.1 Third Party Platform Rules . By using third-party platform integration with the Wanode Platform, You have read and accepted all rules relating to such solutions. Therefore, Wanode will not be responsible for acts that You or Your users may cause to violate the rules of third-party platforms that integrate with the Wanode Platform and In such cases, Wanode has the right of recourse.

8.2 Availability of Third-Party Platforms. Wanode will not be responsible for the unavailability or malfunction of such platforms, therefore, if You are affected in any way, You must request assistance from the third party owner of the platform integrated with the Wanode Platform.

8.2.1 No Refunds. The unavailability, malfunction, suspension of user accounts, or any other acts that third parties perform in relation to you or your users, in such a way that such acts impair the use of the integration of their platforms with the Wanode Platform will not generate refund rights of the amounts paid for using the Platform.

8.3 Acts of Users. Any acts that you or your users registered on the Platform carry out against third parties, which may harm them, will be your sole responsibility.

8.4 Technical, Factual and Legal Impossibility. For reasons of technical, factual and legal impossibility, Wanode cannot guarantee that: (i) it will monitor users’ actions within the Platform or outside it; ii) verify or fulfill user obligations; iii) verify the veracity of all information provided or published by users on the Platform; (iv) ensure compliance with the responsibilities and obligations assumed by users in relation to other users.

8.5 Other cases. Among other situations, Wanode will not be responsible for damages, losses or events resulting from fortuitous events, force majeure or fraudulent actions by third parties, as well as for the seizure, co-optation, deletion, modification or misuse of data by third parties who, in violation of data systems, security, are able to access this information and/or carry out fraudulent acts.

Intellectual Property

9.1 Ownership. Wanode is the holder of all intellectual property rights over its websites, all content, services, products, brands, commercial names, logos, designs, images, slogans, copyrights, domains, computer programs, codes, developments , software, databases, information, technology, patents and utility models, industrial designs and models, industrial secrets, among others, which are protected by national and international laws.

9.2 Prohibitions. Users are prohibited from (i) redistributing, selling, renting or sublicensing the Platform, as well as copying, accessing and/or reverse engineering the Platform’s source code; (ii) access the source code or reverse engineer the Platform, as well as attempt to violate any security measures related to the Platform; (iii) carry out hacking acts of any nature; iv) access or attempt to access data owned by Wanode or its users; (v) use the services provided for any illegal purpose; (vi) use Intellectual Property in a way that causes confusion to users or potential users and customers of Wanode, among other acts that may infringe Wanode’s intellectual property rights.

9.3 Logo. From the moment the plan is contracted until its completion, Wanode may use the logo of your brand or company for the sole purpose of publicizing the association as a client of its solutions. Therefore, acceptance of these Terms of Use represents your consent to this possibility.

9.4 Penalties. If you infringe Wanode’s intellectual property rights, you may have your registration excluded from the Platform, as well as suffer other sanctions provided for in Brazilian legislation.

9.4 Penalties. If the user infringes Wanode’s intellectual property rights, they may be excluded from the Platform, as well as suffer other sanctions provided for in Brazilian legislation.

API

10.1 Use of APIs. The user may, under their sole responsibility, use integration services with third-party services, always depending on the continuous availability of the respective API (Application Programming Interface), in accordance with the request limit of the contracted plan and compatibility for integration with the Platform.

General Provisions

11.1 Support. If you have any questions or needs that require Wanode support, you can send a support request to [email protected] with the title “SUPPORT REQUEST”. After submitting the support request, Wanode will have a response time of 72 hours (seventy-two hours).

11.2 Relationship with Users. Any relationship you maintain with your employees and/or registered users will be your sole responsibility, and Wanode is not responsible for any obligation related to hiring, payment of salaries, compensation or any other matter related to your relationship with third parties.

11.3 Provision of Data and Information. Wanode will not be responsible for any inaccurate or erroneous information or data provided by You or Your users to Wanode or third parties through the Platform.

11.4 Security Algorithm. System integrity is achieved through the Secure Hash Algorithm SHA 256 and 512, ensuring that each information or document is unique, encrypted, unalterable and incorruptible.

11.5 Privileges. Wanode reserves the right, at its discretion and at any time: (i) to change, remove or add new features to the Platform; ii) to change the rules of these Terms of Use and supplementary documents; (iii) interrupt the availability of the Platform.

11.6 Subcontracting. Wanode may subcontract or rely on third party services to support the operation and/or provision of the Platform to You and other users.

11.7 Unaffected. If any provision of these Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions will not be affected or impaired.

11.8 Applicable legislation. All provisions of this Agreement shall be governed by the Laws of the United States of America.

11.9 Jurisdiction. The jurisdiction of the district of Santa Fé, New Mexico, USA, is elected to resolve any controversies, doubts, disagreements, disputes or issues arising from the relationship between you and Wanode.

Date of last update: 02/14/23

Glossary

Applications: versions of the Platform, for mobile phones or browsers;

Web Application: web version of the Wanode Platform;

API: Application Programming Interface, which allows integration between systems;

Chatbot: computer program that simulates human conversations through artificial intelligence linked to the Platform;

Omnichannel: means multiple support channels and, when included in the Terms of Use, refers to the connection of the Platform to multiple support channels, allowing integrated management of all of them;

Social Networks: any social networks on the market, such as, but not limited to, Instagram, Facebook, TikTok and Linkedin.

SLA: is the acronym for the English term Service Level Agreement. Translated into Portuguese, it means Service Level Agreement. And by “service level” we mean the quality with which it is provided, based on objective criteria previously established in the contract.

WhatsApp: instant messaging service;

WhatsApp Business: specific application for companies that need to send instant messages;

Webhook: A method for changing the behavior of a web application.