1.Definitions and Introduction
1.1.
Platform / System / Lead2Sales:online environment provided by Lead2Sales Marketing e Inteligência Artificial LTDA (Brazilian company registry — CNPJ 44.127.714/0001-30) (“Lead2Sales”, “we”), which allows the creation, management and operation of CRM, sales funnel, property management, websites, AI agents and automations for the real-estate market, including integrations with messaging channels.
1.2.
Client / User:individual or legal entity that accesses and uses the Platform (“you”).
1.3.
Third Parties: external services integrated or necessary for the operation of the Platform, including, but not limited to, Meta/WhatsApp/Instagram, API providers, hosting, and language model providers (LLMs).
1.4.
Underlying technology: part of the platform may use components, libraries, infrastructure or technology licensed from third parties, without this altering the responsibilities and limitations provided in these Terms.
1.5.
By creating an account, accessing or using the Platform, the User declares that they have read and fully accept these Terms of Use. This electronic acceptance is sufficient to form a binding agreement between the parties, with no need for a physical signature.
1.6.
You declare that you are 18 years of age or older and have civil capacity to accept these Terms.
1.7.
We may use cookies and similar technologies in accordance with our Privacy Policy/Cookies.
2.Acceptance and Document Hierarchy
2.1.
These Terms govern the use of the Platform. Professional services (e.g., setup, implementation, consulting, traffic management/agency services) may be governed by a separate contract and do not alter these Terms.
2.2.
In case of conflict between these Terms and any service contract, the following prevails:
- (a) for use of the Platform: these Terms;
- (b) for the provision of services: the specific contract.
2.3.
External integrations and data migration. Services for implementing integrations with third-party systems (e.g., an external CRM) and for migrating/importing data from another system into the Platform are contracted and charged separately, under a specific Service Order, with its own scope, timeline and price. The timeline depends on the timely provision, by the Client, of the necessary access, credentials and information, as well as on the availability and rules of third-party APIs, and is suspended while any of these conditions is pending.
3.Acceptable Use and Prohibitions
3.1.
The Platform is intended for the Client’s own use. Reselling access or service is prohibited unless expressly authorized in writing.
3.2.
You may not:
- (a) use the Platform in a way that compromises its stability, security or performance;
- (b) use it for illegal, fraudulent, abusive, defamatory, discriminatory purposes or in ways that violate third-party rights;
- (c) send spam, perform improper bulk messaging or activities that violate the policies of integrated channels;
- (d) distribute malware, exploit vulnerabilities or attempt unauthorized access;
- (e) perform scraping/automated collection without written consent;
- (f) decompile, reverse-engineer, modify, copy, reproduce or create derivative works of the Platform;
- (g) use the Platform to store or transmit illegal content (including copyright-protected materials without permission).
3.3.
The Client is solely responsible for the content sent, stored, configured and communicated through the Platform, including messages sent to end users.
4.Registration, Account and Client Responsibilities
4.1.
To create an account, the Client must follow the procedure indicated by Lead2Sales. We may request verification and compliance information.
4.2.
You are responsible for:
- (a) keeping registration data correct and up-to-date;
- (b) maintaining the confidentiality of credentials and access;
- (c) all activities performed on the account, even by third parties authorized by you.
4.3.
Lead2Sales may suspend, limit, cancel or restrict accounts and access, at its discretion, when: (i) there is suspicion of violation of these Terms; (ii) there is a security risk; (iii) there is a legal requirement; (iv) there is non-payment; (v) there is an order from a third-party provider/channel.
4.4.
Ownership requirements with third parties. To use the integrations, the Client must own and maintain, in their own name: (a) their own business portfolio (Business Manager) at Meta; (b) their own phone number for WhatsApp; and (c) valid payment methods with the third parties, when applicable. Lead2Sales does not provide phone numbers, SIM cards, Meta accounts or media budget — these resources are owned by and are the exclusive responsibility of the Client.
5.Subscription, Payment and Refund Policy
5.1.
The Platform generally operates on a prepaid or advance-billing basis, according to the contracted plan. There is no free trial period, unless expressly offered in writing.
5.2.
Plans. The Platform is offered in monthly, semi-annual and annual plans, with prices and conditions informed at the time of contracting.
5.2.1.
Plan limits. Each plan has defined limits of connections, users, contacts and AI credits. Features that use artificial intelligence (qualification, customer service, automations and the like) consume AI credits from the plan.
5.2.2.
AI credit consumption. The configuration and use of AI features are defined and controlled by the Client. The Client is solely responsible for monitoring their consumption, and any excessive or unexpected credit spending is the exclusive responsibility of the Client. Exceeding limits may result in additional charges or usage limitation, according to the plan rules.
5.3.
Payment methods for semi-annual and annual plans. They may be paid upfront, in card installments, or monthly with a commitment period for the contracted term. By selecting a plan with a commitment, the Client obtains a special price condition in exchange for the commitment.
5.4.
Early cancellation (plans with commitment). In case of cancellation before the end of the contracted period, a penalty equivalent to 50% (fifty percent) of the remaining amount needed to complete the contracted period will be due (that is, of the installments or balance not yet paid until the end of the plan). This condition exists because the special price of the semi-annual and annual plans is granted in consideration of the commitment period.
5.4.1.
Authenticated acceptance of the commitment. In plans with a commitment period, acceptance of these Terms and of the plan conditions may be collected through authenticated confirmation on the Platform, including via two-factor authentication (2FA), with logs recorded (date, time, IP and device). This authenticated electronic acceptance constitutes valid proof of the commitment assumed by the Client, including with respect to the penalty provided in clause 5.4.
5.5.
Non-payment and credit reporting. Failure to pay within the agreed deadlines subjects the Client to the applicable collection measures, including registration of the debt with credit protection agencies (e.g., SPC/Serasa, in Brazil), without prejudice to interest, penalties and monetary adjustment provided by law.
5.6.
Refunds. There are no refunds, except as expressly provided in writing for a specific campaign/promotion, or when required by law.
5.7.
Upgrades may take effect immediately; downgrades may be applied in the next billing cycle, according to the plan rules.
5.8.
Changes to the subscription amount and billing authorization. The recurring subscription charge may change in the following cases: (a) plan change (upgrade or downgrade), under clause 5.7; (b) adding or removing additional items (users, connections, contacts, AI credits, packages and the like); and (c) periodic price adjustment, under clause 5.9. By subscribing to the Platform with recurring payment, the Client expressly authorizes Lead2Sales, through its payment processor, to charge the updated amounts to the registered payment method, including credit card, in these cases, starting from the billing cycle in which the change takes effect. In cases (a) and (b), the new amount is shown to the Client at the time of the request, made on the Platform or through customer support; in case (c), the Client is notified in advance.
5.8.1.
Extra services and one-off packages may, as applicable, be billed as a separate charge or added to the charge of the billing cycle, under the same billing authorization.
5.9.
Price adjustment. Subscription prices may be adjusted annually, at least by the accumulated variation of the IPCA (Brazilian consumer price index, or the index that replaces it) for the period, upon prior notice.
5.10.
Onboarding / Guided setup. The contract may include guided setup — orientation sessions (meetings), limited to 3 (three) meetings, conducted by the Lead2Sales team to assist the Client in configuring and using the Platform, so that they can use it autonomously. When included in the plan — especially in the semi-annual and annual plans —, the guided setup is offered at no additional cost, as an ancillary benefit to the subscription, not constituting a standalone service nor generating any right to a refund if not used. Additional meetings, beyond the 3 (three) included, may be contracted separately. The scheduling and holdingof the sessions depend on the Client’s availability and participation. The guided setup is of an orientation nature and does not guarantee commercial results. It is not to be confused with external integration or data migration services, addressed in clause 2.3 and in a specific Service Order.
6.Integrations with Third-Party Channels and Services
6.1.
The Platform may integrate with channels such as WhatsApp and Instagram/Direct, as well as other services and APIs.
6.2.
Each channel/third party has its own terms, policies and rules. The Client is responsible for complying with them, including messaging policies, templates, quality, consent, opt-in, verification and operational limits.
6.3.
Unofficial WhatsApp risks. The Platform allows connecting both the official API (WhatsApp Cloud API) and unofficial integrations. The choice is exclusively the Client’s. By opting for unofficial integrations, the Client acknowledges that there is a greater risk of instability, blocks and/or banning of the number/account, fully assuming this risk and releasing Lead2Sales from liability for blocks, bans, loss of access, of messages or of data resulting therefrom.
6.4.
Lead2Sales does not control decisions of providers (e.g., Meta/WhatsApp/Instagram) and is not responsible for restrictions, blocks, suspensions, bans, limitations, rule changes, instability, unavailability or API closures.
6.5.
Meta costs and charges. The Client acknowledges and agrees that:
- (a) all charges related to the use of the WhatsApp Cloud API (including per-conversation/message-window fees), to the running of ads (Meta Ads) and to any other Meta products are billed entirely by Meta, directly to the Client, through the payment method registered in the Client’s own business portfolio;
- (b) Lead2Sales does not intermediate, pass on, invoice or control these amounts, charging exclusively the Platform subscription;
- (c) any question, discrepancy, charge deemed improper, refund or dispute regarding Meta amounts must be handled directly with Meta, through its support channels, and Lead2Sales is not a legitimate party to resolve, contest or refund such charges;
- (d) the Client is solely responsible for monitoring their spending with Meta and for maintaining a valid payment method for that purpose.
6.6.
Ownership of the number and account. The phone number and the WhatsApp account (WABA) connected are owned by the Client, in their business portfolio. Lead2Sales only performs the technical connection.
7.Artificial Intelligence: Limitations, LLMs and Recommended Conduct
7.1.
The Platform may use language models (LLMs) and other AI components provided by third parties.
7.2.
You acknowledge and agree that:
- (a) the AI may generate inaccurate, incomplete, mistaken or “nonsensical” responses (hallucinations);
- (b) the AI may fail to correctly interpret the end user’s intent;
- (c) the AI may show performance variations due to third-party instabilities (APIs/LLMs/infra);
- (d) the AI does not automatically access external/third-party links to “fetch information” (except for specific integrations), and may not be able to “read” external content;
- (e) AI outputs are assistance and do not replace human validation when applicable (e.g., sensitive, legal, financial, medical information, commercial promises, customer-service policies).
7.3.
The Client is responsible for reviewing and validating critical flows, messages and content before use in production and for defining limits and handoffs to human service when necessary.
7.4.
Hallucinations and disclaimer. The Client expressly acknowledges that the AI may produce “hallucinations” — incorrect, fabricated, inaccurate or contextually inappropriate responses — and that this is an inherent characteristic of the technology. Any hallucinations, errors or inaccuracies generated by the AI are outside the responsibility of Lead2Sales, not generating any duty to indemnify. It is up to the Client to supervise the interactions and mitigate such risks through human review and proper configuration of the flows.
8.Availability, Operational Failures and Maintenance
8.1.
The Platform is provided “as is” and “as available”. We may perform scheduled and emergency maintenance.
8.2.
Operational failures, delays, unavailability, disconnections and interruptions may occur due to:
- (a) internet, power, Client hardware;
- (b) unavailability/instability of third-party channels;
- (c) unavailability of LLM/API/infrastructure providers;
- (d) technical or policy changes in third-party services.
8.3.
Lead2Sales does not guarantee uninterrupted availability and is not responsible for losses arising from unavailability caused by third parties or factors beyond its reasonable control.
9.No Guarantee of Results
9.1.
Lead2Sales does not guarantee commercial results, including, without limitation: increase in sales, conversions, revenue, lead generation, customer retention, cost reduction or any specific KPI.
9.2.
Results depend on external factors: offer, price, reputation of the number/account, human service, market, campaigns, database, channel policies, quality of information provided by the Client, among others.
10.Limitation of Liability
10.1.
To the maximum extent permitted by law, Lead2Sales shall not be liable for indirect, incidental, special, punitive, exemplary or consequential damages, including, without limitation, lost profits, lost revenues, lost opportunities, data loss, business interruption or damage to reputation.
10.2.
Lead2Sales is not responsible for blocks, bans, suspensions, limitations or obstructions imposed by third-party channels (Meta/WhatsApp/Instagram), for charges made by third parties (including Meta), nor for failures of LLMs/APIs/integrators.
10.3.
Liability cap.When permitted by law, Lead2Sales’ total liability for any claims related to the use of the Platform will be limited to the total actually paid by the Client to Lead2Sales for use of the Platform in the month immediately preceding the event giving rise to the claim.
11.Indemnification
11.1.
The Client agrees to indemnify and hold harmless Lead2Sales and its officers, employees, partners and agents from any claims, fines, sanctions, losses, damages and expenses (including attorneys’ fees) arising from:
- (a) improper use of the Platform;
- (b) violation of these Terms;
- (c) violation of third-party channel terms/policies;
- (d) content sent by the Client;
- (e) violation of third-party rights;
- (f) use of unofficial integrations.
12.Security, Privacy and LGPD
12.1.
The processing of personal data will follow the LGPD (the Brazilian General Data Protection Law) and our Privacy Policy.
12.2.
Roles of the parties. In the processing of data of leads, contacts and other data subjects entered by the Client, Lead2Sales acts as processor and the Client as controller, and it is up to the Client to have an adequate legal basis, obtain consent/opt-in when required and inform their data subjects. As to the registration, account and billing data of the Client itself, Lead2Sales acts as controller.
12.3.
Lead2Sales access to the account.Lead2Sales has technical access to the Client’s account, but only accesses the data when necessary to provide support requested by the Client or to operate, maintain and ensure the security of the Platform. The data and content remain the property of the Client, being processed by Lead2Sales exclusively in this capacity as processor, in accordance with the Client’s instructions and the Privacy Policy.
12.4.
Each party adopts reasonable security measures, but no system is infallible. The Client acknowledges the risks inherent to internet communications and third-party services.
13.Intellectual Property
13.1.
The Platform, its architecture, interfaces, code, models, templates, methodologies, standard flows and components are owned by Lead2Sales and/or its licensors, protected by applicable law.
13.2.
The Client retains ownership of their own data and content entered into the Platform, granting Lead2Sales a limited license to process such data exclusively to provide and improve the operation of the service, as set out in the Privacy Policy.
13.3.
Templates and models. The Platform may provide ready-made templates and models (e.g., messages, flows, AI agents, websites) as support material and a starting point. Such templates are provided “as is”, with no guarantee of suitability for a specific case, of approval by third parties (e.g., template approval by Meta/WhatsApp) or of results. It is up to the Client to review, adapt and validate each template before use, ensuring its legal compliance and compliance with channel policies. Lead2Sales is not responsible for the use of the templates nor for their consequences.
14.Suspension, Non-Payment and Termination
14.1.
We may suspend or terminate the Client’s access for violation of these Terms, operational/security risk, legal requirement or third-party provider request.
14.2.
Suspension for late payment (7 days). After 7 days of payment delay, the account is suspended: the Client and their Users lose access to the Platform, and features such as AI customer service, automations and other resources are paused.
14.3.
During the suspension, the connections (e.g., WhatsApp) are not immediately disconnected— only the Platform’s functions remain paused until the payment is settled. Settling the payment within this window restores access.
14.4.
Deletion (30 days). After 30 daysfrom the due date of the last payment, the account and the Client’s Data are deleted and all connections are disconnected permanently.
14.5.
The Client may request cancellation of the account through official channels, subject to the commitment-period rules of clause 5. Cancellation does not eliminate amounts already charged nor generate a refund, unless required by law.
15.Data Retention, Export and Deletion
15.1.
Export by the Client. While the account is active, the Client may export, directly through the Platform, the data of contacts, properties and property owners.
15.2.
Conversations. Conversation history is not exportable. After termination, the Client may request from support access to the Platform for up to 30 days, exclusively to view the conversations.
15.3.
Deletion. The Client’s Data is deleted within up to 30 days from the due date of the last payment. The Client is advised to export the desired data before this deadline, since, after deletion, the data cannot be recovered.
15.4.
Lead2Sales may keep minimal records required by law (e.g., tax and billing data) for the applicable legal periods.
15.5.
Import of data provided by the Client. The import of databases and data provided by the Client or exported from third-party systems (e.g., XML files, spreadsheets, feeds) depends on the quality, format and completeness of such data. Lead2Sales is not responsible for errors, omissions, duplicates, outdated information or inconsistencies arising from the data provided by the Client or from limitations of the source system, and it is up to the Client to check and validate the database after the import.
16.Changes to these Terms
16.1.
We may modify these Terms at any time. When applicable, we will notify within the Platform.
16.2.
Continued use after the update means acceptance of the new Terms.
17.Governing Law and Venue
17.1.
These Terms are governed by Brazilian law.
17.2.
The courts of the District of São Carlos – SP, Brazil are elected, with waiver of any other, except where legally prohibited.
Lead2Sales Marketing e Inteligência Artificial LTDA — CNPJ 44.127.714/0001-30.