TERMS OF USE – SYARA

1. Introduction

These Terms of Use ("Terms") govern your access to and use of Syara, a software platform developed by Oktopus TX Administração LTDA ("Oktopus", "we", "us", or "our") that utilizes AI agents to automate internal and external tasks through messaging via WhatsApp and interactions with third-party systems.

By accessing or using Syara, you agree to be bound by these Terms. If you do not agree, do not use the service. We may update these Terms periodically, and you will be notified of material changes via email or within the app.

2. Eligibility

You must be at least 18 years of age and have the legal capacity to enter into contracts to use Syara. Use by individuals under 18, even with guardian authorization, is not permitted. By using the software, you represent that you meet these requirements.

3. Service Description

Syara connects to your WhatsApp Business account via the WhatsApp Business API and facilitates communication through AI agents ("crews"). It may automate messaging, interact with customers, or process tasks on your behalf. The functionality of Syara depends on the availability of the WhatsApp Business API and third-party systems, which may impact service continuity.

Our service is designed to enhance your business communication capabilities while maintaining compliance with all applicable messaging platform policies.

4. Meta Platform Integration

Syara uses Meta's WhatsApp Business API and the Facebook Embedded Signup flow. By using Syara, you authorize the system to access, send, receive, and manage WhatsApp messages through your authorized account, as permitted by Meta's policies and APIs. We are not responsible for changes to Meta's policies or APIs that may affect Syara's functionality.

You acknowledge that Meta may impose limitations, restrictions, or changes to their API that may affect the functionality of Syara. We will make reasonable efforts to adapt to such changes, but cannot guarantee uninterrupted service in all circumstances.

5. User Responsibilities

You agree to:

• Provide accurate information when creating your account.
• Use the service in compliance with applicable laws, regulations, and Meta's WhatsApp Business API policies.
• Obtain all necessary consents from your end users before automating any communication through WhatsApp or other channels.
• Not use Syara for spamming, unlawful, deceptive, or abusive purposes.
• Indemnify Oktopus for any fines, sanctions, or liabilities arising from your misuse of the WhatsApp Business API or violation of Meta's policies.
• Ensure all messaging complies with the WhatsApp Commerce and Business Messaging Policies, including prohibitions against promoting unauthorized businesses or products.
• Maintain appropriate opt-out mechanisms for users and honor opt-out requests promptly.

6. Payments

Syara is a paid service. You will be billed directly by Oktopus based on the agreed payment terms, which may include monthly or annual subscriptions payable via credit card, bank transfer, or other approved payment methods. In cases where Meta charges for WhatsApp Business API usage, those fees will be paid directly to Meta. Non-payment within the specified timeframe may result in suspension of your access to Syara until payment is regularized.

All prices are subject to change with reasonable notice. You are responsible for all applicable taxes unless explicitly stated otherwise.

7. Data Collection and Use

We collect certain data, including name, phone number, email, message content, and access tokens, as further detailed in our Privacy Policy. All data is used solely for the operation of Syara, in compliance with the LGPD (Lei Geral de Proteção de Dados, Brazil). Your data may be shared with Meta as necessary for the operation of the WhatsApp Business API, in accordance with Meta's policies and applicable law.

We implement appropriate technical and organizational measures to protect your data, as further outlined in our Privacy Policy.

8. Intellectual Property

All rights, title, and interest in the Syara platform, including all software, code, designs, and content, remain the exclusive property of Oktopus. You are granted a limited, non-exclusive, non-transferable license to use the service for its intended purpose during the term of your subscription.

Any feedback, suggestions, or ideas you provide regarding Syara may be used by us without obligation to you.

9. Termination

We reserve the right to suspend or terminate your access to Syara at our sole discretion, with or without notice, in case of violation of these Terms or applicable law. Whenever possible, we will notify you at least 5 business days in advance, except in cases of serious violations or legal requirements.

Upon termination, your right to use the service will immediately cease, and we may delete or deactivate your account and all associated data.

10. Disclaimer of Warranties

Syara is provided "as is" and "as available". We do not guarantee that the service will be uninterrupted, secure, or error-free. Use of the service is at your own risk. You are responsible for maintaining backups of your data, and we are not liable for any data loss resulting from service interruptions or failures.

We disclaim all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.

11. Limitation of Liability

To the fullest extent permitted by law, Oktopus shall not be liable for indirect, incidental, special, or consequential damages, or any loss of profits or data, arising out of or related to your use of Syara.

Our total liability in any matter arising out of or related to these Terms is limited to the total amount you paid for the service during the twelve months preceding the event giving rise to the liability, or R$1,000, whichever is greater.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Brazil. Any disputes shall be resolved in the courts of São Paulo, SP.

13. Contact

For support or inquiries, contact us at:
Email: support@oktopus.solutions