Terms of Use
This is a convenience translation. In case of any discrepancy, the Portuguese version prevails. Português
These Terms of Use govern access to and use of the Execfy platform, offered by EXECFY INOVA SIMPLES (I.S.), Brazilian company registration (CNPJ) no. 69.463.097/0001-75, headquartered at Rua Rondônia, 226, Santa Rosa, Uberlândia/MG, ZIP 38401-246, Brazil ("Execfy", "we").
By creating an account, accessing or using the platform, you declare that you have read and accept these Terms and the Privacy Policy. If you accept on behalf of a company, you declare that you have authority to bind it.
1. Definitions
- Platform: the Execfy software, offered as a service (SaaS) at https://execfy.com and subdomains, including the admin console, AI agents, automated processes, integrations and APIs.
- Customer: the company (or professional) that subscribes to the Platform for use in its own business.
- User: a person authorized by the Customer to access the console (employees, agents, administrators).
- End User: a person who talks to the Customer through the channels connected to the Platform (WhatsApp, Telegram, website chat and others).
- Customer Content: data, messages, documents, files, settings, prompts and knowledge bases entered or generated by the Customer, Users or End Users on the Platform.
- Third-Party Services: services not provided by Execfy, such as the WhatsApp Business Platform (Meta), Telegram, AI model providers and the Customer's own systems integrated with the Platform.
2. The service
The Platform lets the Customer serve its contacts across several channels with AI agents, hand conversations over to human agents, run business processes (BPMN) and integrate systems. Features, limits and prices may be set out in a commercial proposal, order or specific agreement, which prevail over these Terms where they differ.
The Platform is in controlled availability: features may be added, changed or discontinued. Changes that materially reduce the contracted service will be communicated with reasonable notice.
3. Account, access and security
- The Customer is responsible for its registration information, for whom it authorizes as a User, and for the roles and permissions it assigns to each one.
- Credentials are personal and non-transferable. The Customer must notify us promptly at suporte@execfy.com if it suspects unauthorized access.
- The Customer is responsible for the credentials of its own systems connected to the Platform and for what those integrations do in its systems.
4. Messaging channels and WhatsApp
Execfy acts as a technology provider: the Platform connects the Customer's number to Meta's WhatsApp Business Platform and to other channels. When using WhatsApp through the Platform, the Customer:
- accepts and complies with the WhatsApp Business Terms of Service, the WhatsApp Business Messaging Policy and the WhatsApp Commerce Policy, as well as the rules of any other channel it uses;
- only messages people who have opted in to receive messages from the Customer, honors opt-out requests, and uses approved message templates when Meta requires them;
- does not send spam, misleading messages, illegal content or offers of products and services prohibited by the channel's policies;
- is responsible for the content of messages sent on its behalf, including those written by AI agents it configured;
- acknowledges that Meta and other providers may charge for conversations or messages, and may limit, suspend or ban numbers and accounts under their own rules, and that Execfy does not control those decisions.
Execfy may suspend a Customer's messaging to protect the business account, the number or the Platform when there is reasonable evidence of a violation of these policies.
5. Acceptable use
You may not use the Platform to:
- violate the law, third-party rights (including intellectual property, privacy and data protection) or channel policies;
- commit fraud, phishing, scams, harassment, discrimination, or distribute child sexual abuse material;
- process personal data without a legal basis, or sensitive data without the safeguards required by the LGPD (Brazilian General Data Protection Law);
- distribute malware, test vulnerabilities without written authorization, overload the infrastructure or circumvent technical and usage limits;
- copy, resell, sublicense, decompile or reverse engineer the Platform, except as permitted by law;
- access another Customer's data or attempt to bypass isolation between accounts.
6. Artificial intelligence
- AI agent responses are generated by language models and may contain errors, omissions or outdated information. The Customer must configure, test and supervise its agents, and offer human service when the matter requires it.
- The Customer must not use the Platform to make, solely through AI and without human review, decisions that materially affect a person's interests, without complying with Article 20 of the LGPD.
- Execfy does not use Customer Content to train AI models. Content is sent to model providers only to generate the requested responses, as described in the Privacy Policy.
7. Customer Content and data protection
Customer Content belongs to the Customer. The Customer grants Execfy a limited, non-exclusive license, restricted to the term of the agreement, to host, process, transmit and display that Content solely to provide, maintain, secure and support the Platform.
Regarding personal data of End Users and third parties that the Customer processes through the Platform, the Customer is the controller and Execfy is the processor (Brazilian Law No. 13,709/2018 — LGPD). Execfy processes such data only according to the Customer's instructions as expressed in the Platform configuration and in these Terms, and the Customer warrants that it has a legal basis for the processing and for informing data subjects. Details are in the Privacy Policy.
8. Intellectual property
The Platform, its brand, code, interface, documentation and improvements belong to Execfy or its licensors. These Terms do not transfer any of these rights to the Customer; they only grant the right to use the Platform while the subscription is in effect. Suggestions sent by the Customer may be used by Execfy to improve the Platform, without any obligation to pay.
9. Prices and payment
Prices, billing frequency and payment method are set out in the proposal or order accepted by the Customer. Third-Party Service charges (for example, Meta's per-conversation WhatsApp fees) may be billed directly by the third party or passed through, as agreed. Late payment may lead to suspension of the service after prior notice.
10. Availability and support
Execfy uses reasonable efforts to keep the Platform available and secure, but does not guarantee uninterrupted or error-free operation, unless a service level agreement (SLA) is agreed in writing. Scheduled maintenance will be announced in advance whenever possible. Failures of Third-Party Services (Meta, AI providers, cloud, internet) may affect the Platform and are beyond our control. Support is provided by email at suporte@execfy.com.
11. Suspension and termination
- The Customer may terminate the subscription according to the term and conditions of the proposal or order.
- Execfy may suspend or terminate access, with notice whenever possible, in case of violation of these Terms or channel policies, non-payment, an order from an authority, or risk to the security of the Platform, other Customers or third parties.
- After termination, the Customer may request an export of its Content within 30 (thirty) days. After that period, the Content is deleted, except for what the law requires us to keep and the audit log, which does not store conversation text.
12. Liability
- The Customer is responsible for Customer Content, for messages sent on its behalf, for the configuration of its agents and processes, and for its Users' use of the Platform, and will indemnify Execfy against third-party claims arising from them or from a breach of these Terms or channel policies.
- To the maximum extent permitted by law, Execfy is not liable for lost profits, loss of revenue, data or opportunity, or indirect damages, and Execfy's total liability is limited to the amount paid by the Customer in the 12 (twelve) months preceding the event giving rise to it.
- These limitations do not apply to willful misconduct or where the law does not allow limitation.
13. Confidentiality
Each party will keep confidential the other's non-public information it accesses because of the subscription, using it only for the purposes of these Terms, during the term and for 5 (five) years after termination, except for a legal obligation or an order from an authority.
14. Changes to these Terms
We may update these Terms. Material changes will be announced by email or on the Platform at least 15 (fifteen) days in advance. Continuing to use the Platform after the new version takes effect means accepting it. The effective date is shown at the top of this page.
15. Governing law and jurisdiction
These Terms are governed by the laws of the Federative Republic of Brazil. The courts of Uberlândia/MG, Brazil, are elected to settle disputes, without prejudice to the legal jurisdiction of the consumer's domicile, where applicable.
16. Contact
EXECFY INOVA SIMPLES (I.S.) · CNPJ 69.463.097/0001-75
Rua Rondônia, 226, Santa Rosa, Uberlândia/MG, ZIP 38401-246, Brazil
Email: suporte@execfy.com