Terms of Service

These Terms govern the use of Xamar (the "Platform"), provided by RASU TECNOLOGIA LTDA, CNPJ 62.121.803/0001-51 ("RASU", "we"). By creating an account or using the Platform, you fully agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Platform.

• Customer: legal entity that contracts the Platform.
• User: natural person authorized by the Customer to operate the Platform.
• End-User: contact of the Customer who receives or sends WhatsApp messages via the Platform.
• WABA: WhatsApp Business Account, the official Meta account linked to the Customer.
• Meta: Meta Platforms, Inc., owner of WhatsApp and provider of the Cloud API.

Xamar is a multi-tenant SaaS platform that allows the Customer to connect its WABA to the official WhatsApp Business API via Meta Cloud API, manage conversations, automate workflows, integrate with external systems and analyze metrics.

RASU acts as a Meta-approved Tech Provider. The Platform continuously depends on Meta Cloud API availability; Meta outages affect the Platform and are outside our control.

• The Customer warrants that registration information is true and current.
• The Customer is responsible for all activity under its account, including by its Users, and must keep credentials confidential.
• The Customer acknowledges being controller of personal data processed via the Platform and is responsible for obtaining valid consents from End-Users where required.
• The Customer represents that it has legal capacity and authorization from the legal entity it represents to enter into this contract.

The Customer commits to use the Platform in compliance with:

• Meta's WhatsApp Business Policy;
• The WhatsApp Commerce Policy, when applicable;
• The Brazilian LGPD, Civil Rights Framework for the Internet (Marco Civil) and other applicable Brazilian laws.

The following conduct, among others, is prohibited:

• Sending spam, unsolicited messages or deceptive content
• Bypassing opt-outs or ignoring End-User unsubscribe requests
• Marketing illegal, dangerous or Meta-policy-violating products or services
• Attempting to access restricted areas, decompile or reverse-engineer the Platform
• Overloading the Platform with automated requests beyond contracted limits
• Using the Platform to infringe third-party rights

Serious violations may result in immediate suspension, contract termination and reporting to Meta, which may ban the Customer's WABA.

Prices, billing cycles and usage limits (messages, contacts, integrations) are those in effect on the plans page at the time of contracting or per individual commercial proposal.

• Monthly advance payment, in Brazilian Reais, processed by Stripe.
• Payment delinquency for over 10 days authorizes service suspension; over 30 days, termination.
• Annual price adjustment by IPCA index (or substitute) with 30 days' notice.
• Additional charges for messages billed by Meta (business-initiated, marketing, utility, authentication categories) follow Meta's current rate card and are passed through to the Customer.

All software, brand, visual identity, source code and Platform documentation are the property of RASU. The Customer receives a non-exclusive, non-transferable, revocable license of use, limited to the contract term.

Customer data (including contact lists, messages, media) remains property of the Customer. RASU receives only the rights necessary to operate the Platform.

Either party may terminate the contract at any time, by e-mail notice. Termination by the Customer does not generate refunds of advance payments.

RASU may immediately suspend or terminate access in case of breach of these Terms, judicial order, fraud or risk to Platform integrity.

After termination, the Customer has 30 days to export its data before definitive deletion (except for legal retentions described in the Privacy Policy).

The Platform is provided "as is" and "as available". To the maximum extent permitted by Brazilian law, RASU shall not be liable for:

• Outages, changes or discontinuation of Meta Cloud API or WhatsApp;
• Lost profits, lost opportunities or indirect damages;
• Content of messages exchanged by the Customer with its End-Users;
• Business decisions made by the Customer based on Platform data.

RASU's total liability, in any case, is limited to the amount paid by the Customer in the 12 months preceding the event giving rise to the claim.

The Customer agrees to indemnify and hold harmless RASU, its directors, employees and partners from any claims, losses or damages arising from (i) misuse of the Platform, (ii) breach of these Terms or applicable law, or (iii) violation of third-party rights, including End-Users.

The list of subprocessors and personal-data processing details are described in the Privacy Policy, which is part of these Terms.

We may update these Terms. Material changes will be communicated by e-mail and by notice in the Platform dashboard at least 30 days in advance. Continued use after the effective date indicates acceptance. If the Customer does not agree, it may terminate as per clause 8.

These Terms are governed by the laws of the Federative Republic of Brazil. The parties elect the courts of São Paulo — SP as competent venue, with waiver of any other, however privileged, to settle any disputes.

Questions about these Terms: legal@xamar.com.br