Terms of Service

These terms govern use of the platform operated by M Vinicius Costa Goncalves Tecnologia Ltda, registered under Brazilian company number (CNPJ) 57.751.797/0001-86, headquartered in Porto Alegre/RS, Brasil, trading as OMARCUSDEV (“we”). By creating an account or using the platform, you (the “customer”) accept these terms.

The platform is intended for businesses and for professionals over 18 using it for professional purposes.

We provide, as software as a service, a WhatsApp customer-service and conversation-automation platform, including conversation management, contact classification and AI-generated replies. We grant the customer a non-exclusive, non-transferable licence limited to the term of the subscribed plan.

We are not WhatsApp or Meta, and we are not affiliated with them. Our platform integrates with WhatsApp through the interfaces those companies make available.

• The customer is responsible for the accuracy of registration data and for safeguarding access credentials.
• All activity performed with the customer’s credentials is attributed to the customer.
• The customer must notify us immediately of any unauthorized use of the account.

• Prices and limits are those published on the pricing page at the time of purchase.
• Plans may be recurring (monthly or annual), renewing at the end of each cycle until cancelled, or one-time payments, paid in full or in installments, with the access period stated in the offer.
• Billing is processed by third-party payment providers (credit card and Pix). We do not store full card numbers.
• Price changes are announced at least 30 days in advance and apply only to subsequent cycles.
• Non-payment may lead to suspension of access until settled.

• Right of withdrawal: the customer may withdraw within 7 calendar days of purchase for a full refund, including installment purchases, under art. 49 of the Brazilian Consumer Protection Code.
• Cancellation: available at any time. Access remains active until the end of the cycle already paid, and no further cycles are charged.
• Outside the withdrawal window, there is no pro-rata refund for a cycle already started, nor for a one-time plan already in use. Incorrect or duplicate charges are always refunded in full.
• To cancel or withdraw, write to contato@omarcusdev.com.br.
• Refund timing and method (Pix and card) are set out in the Cancellation and Refund Policy.

The customer may not use the platform to:

• send unsolicited messages or bulk campaigns to purchased, rented or non-consented lists;
• commit fraud, scams, phishing or impersonation;
• distribute illegal, discriminatory or violent content, or content infringing third-party rights;
• circumvent technical limits, probe for vulnerabilities or interfere with the service;
• resell or sublicense access without a specific agreement with us.

The customer must comply with WhatsApp and Meta policies applicable to business messaging, including prior-consent (opt-in) and content rules.

Conversations between the customer and their contacts are handled by us as a processor; the customer is the controller of that data. The customer must have a legal basis for contacting those people, obtain consent where required, and respond to data-subject requests.

The customer indemnifies us against claims, penalties or losses arising from messages sent without a legal basis or in breach of WhatsApp and Meta policies. Data handling is described in our Privacy Policy.

The platform depends on services operated by third parties, notably WhatsApp and Meta. Those companies may, at their discretion and without notice, limit, suspend or terminate a number, an account or access to their interfaces, and may change technical and commercial rules.

We have no control over those decisions and are not liable for them, including blocks or bans of phone numbers imposed by those third parties. When the customer uses the official WhatsApp API, messaging costs charged by Meta are the customer's responsibility and are billed to the customer's own account.

Automated replies are produced by language models and may contain errors, inaccuracies or content unsuited to the context. The customer configures the prompts, reviews the agent's behaviour and is responsible for the content sent to their contacts in their name. We do not recommend using automation without human review for medical, legal or financial advice, or any high-stakes decision.

We use reasonable efforts to keep the platform available, but we offer no guarantee of uninterrupted availability and no service level agreement (SLA). Interruptions may occur due to maintenance, third-party failure or events beyond our control. Support is provided through the channels stated in the dashboard and on the website.

We may suspend or terminate access, with notice where possible, in case of breach of these terms, risk to platform security, or legal requirement. On termination, the customer may request an export of their data before deletion, as described in the Privacy Policy.

The platform, software, brand and documentation are our property. Content the customer supplies — prompts, documents, knowledge base and messages — remains theirs, and the customer grants us only the licence needed to operate the service on their behalf.

To the fullest extent permitted by law, our total liability for any claim relating to the service is limited to the amount paid by the customer in the 12 months preceding the triggering event. We are not liable for lost profits, lost business opportunity or indirect damages.

Nothing in these terms removes rights that Brazilian law grants the customer on a non-waivable basis.

We may change these terms. Material changes will be announced by email or in-dashboard notice with reasonable advance warning, and the last-updated date at the top of this page always reflects the version in force. Continued use after the effective date constitutes acceptance.

These terms are governed by Brazilian law. The courts of Porto Alegre/RS are the elected venue for disputes, without prejudice to a consumer's right to sue in their own domicile.

contato@omarcusdev.com.br
M Vinicius Costa Goncalves Tecnologia Ltda — CNPJ 57.751.797/0001-86 — Porto Alegre/RS, Brasil