Terms of Service

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

• "User": the subscriber of the Platform, responsible for the account and for the team members it invites;
• "Plan": the subscription modality chosen by the User, which determines the available features and the price;
• "Integrated Platforms": the third-party services connectable to the Platform (marketplaces, e-commerce platforms, ERPs and advertising platforms), as defined in the Privacy Policy.

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: sales and profitability dashboards; synchronization of orders, products, costs and settlements from the Integrated Platforms; management finance modules (accounts payable and receivable, cash flow, management income statement); shipment tracking; sales recovery automations and communication with End Customers; customer service; competition monitoring and market radar; reports; AI-assisted features; and other features described on the Platform.

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

Use of the Platform requires full legal capacity and, in the case of legal entities, powers of representation of the registrant. 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 on its account, including by invited team members, whose actions are recorded in an audit trail.

Ecomy may grant a free trial period (currently 7 days), with no obligation to subscribe. If no Plan is subscribed by the end of the trial, access to features may be suspended and data deleted as provided in the Privacy Policy.

Compensation is by recurring subscription billing, processed by a payment services provider, according to the chosen Plan and billing cycle. Prices may be adjusted upon prior notice, taking effect from the following billing cycle. Default authorizes suspension of access until regularization, without prejudice to collection of amounts due.

Cancellation may occur at any time, ceasing future charges, with access remaining active until the end of the paid period. There shall be no pro-rated refund of amounts already paid, except in the events provided by law, notably the withdrawal right set forth in Article 49 of the Brazilian Consumer Protection Code, where applicable.

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

Ecomy’s access occurs exclusively through official APIs, within the authorized scopes, and the authorization may be revoked by the User at any time. The User undertakes to comply with the terms and policies of each Integrated Platform, and Ecomy shall not be liable for suspensions, blocks or sanctions applied by such platforms as a result of the User’s conduct.

The messaging modules (e-mail, WhatsApp and SMS) are tools operated under the User’s instructions, and the User is solely responsible for the content of the messages, the definition of recipients and the existence of a legal basis and consent for sending, undertaking to comply with the LGPD, the Consumer Protection Code and the self-regulation rules applicable to unsolicited electronic communications.

In the messaging channels, the User connects numbers and accounts of its own ownership and acknowledges that the use of automation is subject to the terms, policies and control mechanisms of the respective providers (including sending limits, quality filters and account restriction measures). The User assumes the risk of restrictions, suspensions or blocks applied by the provider to the connected number or account as a result of the usage pattern it adopts, and Ecomy shall not be liable for such measures or for the unavailability of message delivery.

The User shall indemnify and hold Ecomy harmless from any third-party claims arising from the use of the communication modules in breach of this section.

The competition and radar modules gather publicly available marketplace information (listings, prices and offer conditions), for informational and market intelligence purposes only. Ecomy does not warrant the accuracy, completeness or timeliness of third-party data, and business decisions made based on such information are the User’s sole responsibility.

Certain features employ artificial intelligence models to generate suggestions, analyses and drafts (including customer replies and copilot insights). Such content is merely assistive in nature, may contain inaccuracies and requires the User’s human review and approval before any use or sending. Ecomy does not warrant the accuracy, suitability or results of generated content, and the final decision rests, in any case, exclusively with the User.

The dashboards, reports, indicators, the management income statement and other outputs of the Platform are of an exclusively informational and management nature, and do not constitute bookkeeping, accounting, tax or investment advice, nor do they replace the records and statements required by the legislation applicable to the User’s business.

Without prejudice to other legal or contractual prohibitions, the User shall not:

• Use the Platform for unlawful purposes or in violation of third-party rights;
• Circumvent or attempt to circumvent access controls and technical limits, reverse engineer, decompile or perform automated data extraction (scraping) of the Platform;
• Assign, resell, sublicense or share access with third parties outside its operation;
• Use the communication modules to send unsolicited messages (spam) or in breach of the law and provider policies;
• Violate the terms and policies of the Integrated Platforms;
• Intentionally overload the infrastructure or compromise the security and stability of the service.

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

The software, source code, the Desh brand, the layout, the databases structured by Ecomy and other elements of the Platform are the exclusive property of Ecomy or its licensors, protected by Brazilian Laws No. 9,609/1998 and No. 9,610/1998, and any unauthorized use is prohibited.

The User’s 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, under the Privacy Policy.

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

The User acknowledges that essential features depend on the APIs of the Integrated Platforms and on communication providers, whose outages, unilateral changes, access limitations or discontinuations are beyond Ecomy’s control and may temporarily or permanently affect related features, without this constituting breach of contract by Ecomy. The service is provided on an "as is" basis.

To the maximum extent permitted by applicable law, Ecomy’s total civil liability for damages arising from these Terms or from the use of the Platform is limited to the amount effectively 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 chance, indirect damages or data loss caused by third parties.

The limitation in this section does not apply to cases of willful misconduct or gross negligence by Ecomy, nor does it exclude non-waivable rights ensured by public order 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. Ecomy may suspend access or terminate the agreement, upon notice, in the event of breach of these Terms, default, fraudulent use or legal or judicial determination.

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

Ecomy may amend these Terms upon notice to the User, at the registered e-mail address, at least 7 (seven) days before taking effect. If the User does not agree with the changes, it may terminate the agreement at no cost before the new version takes effect; continued use after that milestone shall constitute acceptance.

• Forbearance: refraining from exercising any right shall not constitute waiver, novation or amendment of these Terms;
• Severability: the possible nullity of any provision shall not affect the remaining ones, which shall remain in full force;
• Assignment: the User may not assign its contractual position without Ecomy’s prior consent; Ecomy may assign it in corporate transactions, with notice to the User;
• Entire agreement: these Terms, together with the Privacy Policy and applicable annexes, constitute the entire agreement between the parties regarding their subject matter;
• Notices: communications sent to the e-mail registered by the User, and to [email protected] when addressed to Ecomy, shall be 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’s domicile where a consumer relationship is characterized.