Terms of Service

For the purposes of these Terms, the definitions in the Privacy Policy apply, and further:

• "User": the merchant subscribing to the Platform, responsible for the account, for the connected store and for the team members it invites;
• "Plan": the subscription modality chosen by the User, which determines the available features, the limits on registered Offers and the price;
• "Integrated Platforms": the e-commerce platforms connectable to the Platform upon the express authorization of the User, such as Shopify, Nuvemshop, Yampi and Bagy;
• "Storefront": the public pages of the User store (product, listing, cart) on which the Platform features are displayed to End Customers;
• "Offer": the commercial rule registered by the User on the Platform, such as product bundles, quantity discounts, upsell, order bump, free gift, free shipping, minimum order and other promotional features.

The subject matter of these Terms is a non-exclusive, non-transferable and revocable license to use the Platform, on a software-as-a-service (SaaS) basis, comprising, according to the subscribed Plan: the creation and display of Offers on the User Storefront (bundles, volume discounts, upsell, order bump, installment table, free shipping bar, free gift, minimum order, offer countdown, low stock notice, social proof, live viewers, recently viewed, cross-sell and WhatsApp button); the synchronization of the product catalog from the Integrated Platform; the application of discounts through the native mechanisms of the respective Integrated Platform; and Offer performance reports.

Displaying the features on the Storefront depends on installation and configuration carried out by the User in the theme or store, following the instructions provided on the Platform, and on the proper operation of the theme used by the User.

Ecomy may evolve, add, modify or discontinue features, preserving the essential core of the subscribed service during the paid period.

Use of the Platform presupposes full legal capacity and, in the case of a legal entity, powers of representation of the individual registering. The User undertakes to provide true, accurate and up-to-date information, being civilly and criminally liable for its veracity.

Access credentials are personal and non-transferable. The User is fully responsible for safeguarding its credentials and for all acts performed in its account, including by the team members it invites.

Ecomy may grant a free trial period, with no obligation to subscribe. Upon expiry of the trial period without a subscription, the display of the features on the Storefront may be suspended and the data deleted as set out in the Privacy Policy.

Remuneration is made through a recurring subscription, according to the Plan and billing frequency chosen. Where the app is installed from the app store of an Integrated Platform, billing may be processed by that Integrated Platform, subject to its terms, payment methods and refund rules; otherwise, billing is processed by a payment provider engaged by Ecomy.

Prices may be adjusted upon prior notice, taking effect from the subsequent billing cycle. Default authorizes suspension of access and of the display of the features on the Storefront until settlement, without prejudice to the collection of amounts due.

Cancellation may be carried out at any time, on the Platform or by uninstalling the app on the Integrated Platform, terminating future charges while access remains active until the end of the period already paid. There will be no pro rata refund of amounts already paid, except in the cases provided by law, in particular the right of withdrawal set out in Article 49 of the Brazilian Consumer Protection Code, where applicable.

When connecting an Integrated Platform, the User represents and warrants that it owns the connected store or holds the powers and authorization to connect it, being liable towards Ecomy and third parties for the veracity of such representation.

Ecomy access is made exclusively through the official APIs, within the limits of the authorized scopes, and the authorization may be revoked by the User at any time by uninstalling or disconnecting, in which case synchronization and the display of the features will be immediately interrupted.

The User undertakes to comply with the terms and policies of each Integrated Platform, and Ecomy is not liable for suspensions, blocks or sanctions applied by such platforms as a result of the User conduct.

The User is solely responsible for the Offers it registers, for the prices, discount percentages, conditions, deadlines, texts and images displayed on its Storefront, as well as for their compliance with applicable law, in particular the Brazilian Consumer Protection Code and the rules on advertising and offers to consumers.

The urgency and scarcity features (offer countdown, low stock notice, live viewers and social proof) are display tools operated upon the instruction and configuration of the User, who is responsible for ensuring that they reflect truthful information, failing which misleading advertising may be characterized, liability for which rests exclusively with the User.

Discounts are applied through the native mechanisms of the respective Integrated Platform, based on the rules registered by the User. Ecomy is not liable for price discrepancies, for combination with other promotions, coupons or rules configured by the User directly on the Integrated Platform, nor for losses arising from Offers registered incorrectly; the User must verify the result in the cart and at checkout before making them available to the public.

The User shall indemnify and hold Ecomy harmless from any third-party claims, including from End Customers and consumer protection authorities, arising from the Offers it registers or from the content displayed on its Storefront.

The social proof feature displays notifications of purchases actually made in the User store, with minimal data obtained from orders. The User, as the controller of its End Customer data, is responsible for ensuring an adequate legal basis for such display and for informing its End Customers in its own privacy policy.

Ecomy processes such data exclusively as a processor, upon the instruction of the User, subject to the retention periods and other conditions of the Privacy Policy.

Without prejudice to other legal or contractual prohibitions, the User is prohibited from:

• Using the Platform for unlawful purposes or in violation of third-party rights;
• Displaying false information on stock, demand, reference price or sales through the Platform features;
• Circumventing or attempting to circumvent access controls, Plan limits and technical limits, performing reverse engineering, decompilation or automated data extraction (scraping) of the Platform;
• Assigning, reselling, sublicensing or sharing access with third parties outside its operation, or using a single subscription in stores owned by parties other than the subscriber;
• Violating the terms and policies of the Integrated Platforms;
• Intentionally overloading the infrastructure or compromising the security and stability of the service.

Violation of this clause authorizes the immediate suspension of access and, depending on its severity, termination of the agreement, without prejudice to applicable judicial measures.

The software, the source code, the Kitify brand, the layout, the components displayed on the Storefront and the other elements of the Platform are the exclusive property of Ecomy or its licensors, protected by Laws No. 9,609/1998 and No. 9,610/1998, and any unauthorized use is prohibited.

The User business data remains its property. The User grants Ecomy a limited license to host, process and display such data exclusively to the extent necessary to provide the service, as set out in the Privacy Policy.

Ecomy will use its best efforts to keep the Platform continuously available, except for scheduled maintenance interruptions, third-party infrastructure failures and events of fortuitous event or force majeure (Article 393 of the Brazilian Civil Code).

The User acknowledges that displaying the features on the Storefront depends on the APIs, extension mechanisms and themes of the Integrated Platforms, whose unavailability, unilateral changes, access limitations or discontinuations are beyond the control of Ecomy and may affect, temporarily or permanently, related features, without this constituting a breach of contract by Ecomy. The User further acknowledges that customized or modified themes may change the appearance of or prevent the operation of the features. The service is provided "as is".

To the maximum extent permitted by applicable law, the total civil liability of Ecomy for damages arising from these Terms or from the use of the Platform is limited to the amount actually paid by the User in the 12 (twelve) months preceding the damaging event, and Ecomy shall not be liable for loss of profits, loss of opportunity, indirect damages, loss of sales or loss of data caused by third parties.

The limitation set out in this clause does not apply to cases of willful misconduct or gross negligence by Ecomy, nor does it exclude inalienable rights guaranteed by public policy rules, including, where a consumer relationship is characterized, the provisions of the Brazilian Consumer Protection Code.

These Terms are effective for an indefinite term as from acceptance. The User may terminate the agreement at any time by cancelling the subscription or uninstalling the app. Ecomy may suspend access or terminate the agreement, upon notice, in the event of a violation of these Terms, default, fraudulent use or legal or judicial determination.

Upon termination of the agreement for any reason, the data will be deleted in the manner and within the periods set out in the Privacy Policy, and the User may request, before deletion, the export of the data it owns.

Ecomy may amend these Terms upon notice to the User, at the registered email address, at least 7 (seven) days before they take effect. If the User does not agree with the amendments, it may terminate the agreement at no cost before the new version takes effect; continued use after that milestone implies acceptance.

• Forbearance: failure to exercise any right shall not imply waiver, novation or amendment of these Terms;
• Severability: the possible invalidity of any provision shall not affect the others, which shall remain in full force;
• Assignment: the User may not assign its contractual position without the prior consent of Ecomy; Ecomy may assign it in corporate transactions, upon notice to the User;
• Entire agreement: these Terms, together with the Privacy Policy and applicable annexes, constitute the entire agreement between the parties as to its subject matter;
• Notices: notices sent to the email address registered by the User and to [email protected], when addressed to Ecomy, are deemed valid.

These Terms are governed by the laws of the Federative Republic of Brazil. The courts of the Judicial District of Curitiba, State of Paraná, are elected to settle any disputes arising from these Terms, with express waiver of any other, however privileged, except for the jurisdiction of the User domicile where a consumer relationship is characterized.