iZap Platform Terms of Use

1. Introduction and Acceptance

Welcome to iZap. These Terms of Use (“Terms”) govern access to and use of the iZap platform (“Platform”), made available by iZap Labs LTDA, enrolled under CNPJ nº 18.051.583/0001-45, headquartered at Avenida Paulista, nº 171, 4º andar, Bela Vista, São Paulo/SP, CEP 01311-904.

By accessing, registering for, subscribing to, or using the Platform, you represent that you have read, understood, and fully agree to these Terms and to iZap's Privacy Policy, which is incorporated into these Terms for all purposes. If you do not agree with any part of these Terms, do not use the Platform.

Each version of these Terms is identified by a date and a number; the version in effect at the time of subscription or use shall apply.

2. About iZap

iZap is a software-as-a-service (SaaS) platform focused on automating customer service and communication, primarily via WhatsApp, using artificial intelligence, conversational flows, integrations, connectors, reports, analytics, and other features related to automated communication with end users.

The Platform is intended predominantly for businesses and professionals acting within their trade or profession, who use it to communicate with their own customers, patients, consumers, or end users. Where the client subscribes as an end recipient and is legally vulnerable, consumer-protection rules apply and prevail over any conflicting provisions of these Terms.

iZap provides the technology; the content, business decisions, and the relationship with the end user are the responsibility of the contracting client.

3. Who May Use the Platform

The Platform is intended for individuals and legal entities with full legal capacity to enter into contracts. By using iZap, you represent that you are at least 18 (eighteen) years of age and, when acting on behalf of a company, that you have the authority to represent it and bind it to these Terms.

The Platform is not intended for direct use by minors, nor for the creation of accounts by them.

4. Registration, Account, and Access Security

To use the Platform, you may need to provide registration, operational, and integration data. You are responsible for:

You are liable for activities carried out on your account by you and your authorized users, as well as for activities resulting from a proven breach of your security obligations. You are not liable for activities on your account resulting from an authentication failure, a vulnerability, a client-segregation error, or conduct attributable to iZap or its agents.

5. Platform Usage Rules

You agree to use iZap in a lawful and ethical manner and in accordance with these Terms, applicable law, and the policies of third parties integrated into the operation, including WhatsApp and Meta.

The following are expressly prohibited:

6. Use of Artificial Intelligence

iZap uses artificial intelligence technologies to interpret messages, generate responses, classify interactions, and automate flows. As with any technology based on probabilistic models, AI may produce responses that are incorrect, incomplete, inaccurate, or inappropriate. For this reason, you acknowledge that:

Where automated classification, prioritization, or routing produces a significant effect on a person, it is recommended that human review and the ability to contest the outcome be maintained. When you customize flows, prompts, knowledge bases, or AI rules, you assume additional responsibility for the content and the outcomes of the responses generated.

7. Third-Party Dependencies and Continuity of Features

iZap's operation depends on third-party services and infrastructure, including, among others, WhatsApp and Meta, cloud providers, AI model providers, telecommunications, and external APIs. iZap is not liable for unavailability, limitations, suspensions, blocks, or changes that are demonstrably external, unforeseeable, and beyond its reasonable control, imposed by such third parties. It remains responsible, however, for its own integration, configuration, monitoring, and contingency layer — including the proper handling of webhooks, queues, and retries under its control. Mere dependence on a vendor does not, by itself, constitute force majeure.

iZap may adapt, modify, or discontinue features to meet technical, operational, legal, or regulatory requirements. The discontinuation or material reduction of a feature essential to the contracted plan will be communicated at least 30 days in advance, except in cases of security, technical, or legal urgency. In such a case, you may terminate the affected part without penalty, obtain an emergency export of your data, and, where there is a material reduction in the service, a proportional commercial adjustment.

8. User Responsibilities

You are fully responsible for:

9. Regulated Industries and Sensitive Use

If the Platform is used in regulated contexts, such as healthcare, financial services, or insurance, you acknowledge that iZap acts exclusively as a technological tool supporting administrative and communication functions. The Platform does not replace diagnosis, prescription, clinical evaluation, medical decision-making, financial advice, risk analysis, underwriting decisions, or any act reserved to a licensed professional, and it must not be used for such purposes.

10. Intellectual Property

The pre-existing technology and the Platform — including code, interface, architecture, models, methodologies, know-how, trademarks, and generic configurations — belong exclusively to iZap or its licensors. Use of the Platform does not transfer to you any right over these elements, except for the limited, temporary, revocable, non-transferable, and non-exclusive license to use them during the term of the subscription.

The content and data you input belong to you, as do the configurations you create — prompts, flows, scripts, knowledge bases, templates, and your own business rules — except for iZap's underlying technology that makes them operable. General and product improvements, and any voluntary feedback you provide, may be incorporated into the Platform without this transferring ownership of your content to iZap.

11. Availability and Support

iZap adopts a best-efforts regime to maintain the Platform's availability, subject to technical limitations and third-party dependencies. Scheduled maintenance, updates, and fixes may occur, with efforts made to minimize impact. Any support and service levels will follow the contracted plan and the applicable commercial terms.

12. Plans, Pricing, Billing, and Default

Setup fees, monthly fees, plans, price adjustments, limits, allowances, and conditions of use — including the definition of “conversation,” overages, messages charged by Meta, transcription, users, and connected numbers — follow the commercial proposal, the contracted plan, or an equivalent instrument, which is incorporated into these Terms.

Late payment may result in a penalty, interest, monetary adjustment, suspension of the Platform, deactivation of features, and a possible reactivation fee, at the percentages and under the criteria set out in the proposal, without prejudice to the collection of amounts owed.

13. Usage Limits

Use of the Platform may be subject to limits on users, connected numbers, conversation volume, allowances, technical capacity, and operational rules set out in the contracted plan. Reaching these limits does not, by itself, constitute a failure of the Platform, and may give rise to additional charges, as provided in the proposal, or to a temporary limitation.

14. Suspension and Termination

iZap may suspend or terminate access to the Platform in cases permitted by law or by contract, including:

Suspension will follow objective criteria and will be preceded by notice and a reasonable period to cure, except in cases of immediate risk to security, fraud, manifest illegality, or an order from an authority, in which case it may be immediate. You will have a channel available to contest the measure. You may discontinue use of the Platform at any time, subject to the applicable commercial terms.

15. Data Export and Deletion

You may request the export of your data within 30 days after the end of the contractual relationship; iZap will make the data available within 30 days of the request, in commonly used structured formats (for example, CSV or JSON), including media and attachments where technically feasible.

The export covers the content and data you entered or generated through the service, as well as the configurations you created — knowledge bases, templates, prompts, and flows — in the technically available format. It does not include iZap's source code, system prompts, internal components, architecture, methods, or proprietary logic. The export remains available even in the event of suspension for default, subject to the settlement of undisputed amounts where required. Once the applicable period has elapsed, the data may be deleted or anonymized, except where legally required to be retained.

16. Disclaimer of Warranties

iZap does not guarantee commercial results, increased sales, conversion, ROI, or fitness for a specific purpose not otherwise agreed. It does, however, assume reasonable obligations of diligence, security, substantial functionality, and support in accordance with the contracted plan. The limitations in this clause do not exclude rights that cannot be validly limited with respect to consumers.

17. Limitation of Liability

To the maximum extent permitted by applicable law, iZap's liability follows three tiers, without overlap:

The exclusion of indirect damages and lost profits does not exclude compensation for proven direct damages, nor non-waivable consumer rights. Nothing in these Terms limits the powers of data protection authorities or iZap's own liability under data protection law.

18. Indemnification

You will indemnify iZap for third-party claims directly caused by a breach attributable to you — relating to the content, campaigns, and communications you send, your relationship with your end users, or your non-compliance with these Terms or the law.

Reciprocally, iZap will indemnify you for third-party claims directly caused by a breach attributable to iZap of intellectual property rights, confidentiality obligations, or data protection obligations.

In both cases, the party seeking indemnification will: (i) notify the other party of the claim without delay; (ii) give the other party the opportunity to conduct the defense with counsel of its choice; (iii) not enter into any settlement that imposes obligations on the other party without its prior consent; and (iv) reasonably cooperate. Both parties have a duty to mitigate; “reasonable fees” means those actually incurred and evidenced.

19. Privacy and Data Protection

iZap's processing of personal data will comply with applicable law and the Platform's Privacy Policy, which is incorporated into these Terms for all purposes. Where iZap acts as processor of client data, such processing will be governed by the Data Processing Agreement (DPA), which is incorporated into the subscription and prevails on matters specific to data protection.

20. Changes to These Terms

iZap may update these Terms. A material change — one that reduces your rights or materially expands your obligations — will be communicated at least 30 days in advance through your registered channels or through the Platform itself. You may reject the change and terminate without penalty before it takes effect; conditions already paid for are preserved until the end of the contracted period. Changes required by law or by security urgency may be given on shorter notice, communicated as soon as possible. Continued use after the new version takes effect constitutes agreement with it.

21. General Provisions

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect. Tolerance of the breach of any obligation does not constitute a novation or a waiver of rights. You may not assign or transfer these Terms without iZap's prior consent; iZap may assign them in the context of corporate reorganizations or the transfer of operations. Neither party will be liable for events of force majeure or fortuitous events.

These Terms, the Privacy Policy, and the applicable commercial proposal constitute the entire agreement between the parties regarding the subject matter addressed herein. In the event of a conflict, the following order of precedence applies: (1) the signed contract or amendment; (2) the DPA, on data protection matters, and the SLA, on service-level matters, each within its own scope; (3) the commercial proposal; (4) these Terms; (5) the Privacy Policy.

These Terms may be made available in Portuguese, English, and Spanish. In the event of any discrepancy in interpretation between versions, the Portuguese version will prevail.

22. Governing Law and Jurisdiction

These Terms are governed by the laws of the Federative Republic of Brazil. The courts of the Judicial District of São Paulo/SP are elected to resolve disputes, except for the consumer's domicile forum and other cases of mandatory jurisdiction.

23. Contact

For questions, support, or matters related to these Terms, use iZap's official channels: