Datapex
terms of use.

Part 1

What these terms cover

1.1 Website and applications

These terms apply to:

• this website, which presents Datapex and includes a public demo with fictional data;
• Estúdio MKT (mkt.datapexbi.com.br), an artificial intelligence (AI) marketing platform where a brand produces social media content, plans its content calendar, publishes on Instagram and tracks how its posts perform through Meta's official API and, when the brand turns this feature on, handles direct messages and comments;
• the other Datapex applications, such as the business intelligence applications (for example, BRI) and Radar.

1.2 These terms and the contract

The applications are contracted by companies, through a specific proposal or contract. These terms supplement that contract; if they differ, the contract prevails. Here, “client” means the company or brand that contracts Datapex, and “user” means each person to whom the client grants access.

1.3 Acceptance

By using the website or the applications, you agree to these terms. Anyone who accepts them on behalf of a company represents that they have the authority to do so. The applications are professional tools and are not intended for anyone under 18.

Part 2

Access and accounts

2.1 One account per person

Each user signs in with their own email address and password. The account is personal and non-transferable: do not share your access with anyone else, including within your team.

2.2 Care with credentials

Users are responsible for keeping their password confidential and for notifying Datapex at contato@datapexbi.com.br as soon as they suspect misuse of their account. Datapex does not ask for your password by email, phone or message.

2.3 The client decides who has access

The client decides which members of its team have access and with which profile (modules and brands enabled), and must remove access for anyone who leaves the team. The client is responsible for what is done with its users' accounts, except where the problem results from a failure by Datapex.

2.4 Meta accounts

Your Instagram or Facebook password is never provided to Estúdio MKT. These accounts are connected through Meta's official login (see Part 4).

Part 3

Permitted and prohibited use

3.1 Permitted use

The applications may be used for the client's own lawful activities, within the scope contracted: creating, reviewing, approving and publishing the brand's content, tracking performance figures, serving the brand's audience and analyzing the company's management data.

3.2 Prohibited use

You may not use the website or the applications to:

• violate the law or third-party rights, such as rights to image, voice and name, copyright, trademark, privacy and personal data protection rights;
• create or publish content that is illegal, misleading, discriminatory, hateful, violent, sexual in nature involving children or adolescents, or that encourages illegal activity;
• use the image, voice or name of a real person without their authorization, including to simulate statements or situations they did not experience;
• engage in misleading or abusive advertising, or make unsubstantiated claims, including about health and about the results of products and services;
• send spam or unsolicited bulk messages, or automate interactions in breach of Meta's rules;
• attempt to circumvent security, access accounts, brands or data not made available to you, overload the service or extract data by automated means;
• copy, resell, sublicense or reverse engineer the software, except where the law allows;
• breach Meta's terms and policies, or process people's data beyond what the law and those policies allow.

3.3 What happens in case of a violation

Datapex does not review all client content in advance and has no duty to monitor it, but it may prevent the publication of content that violates these terms and suspend access, as described in Part 8, when it becomes aware of the violation.

Part 4

Estúdio MKT: content, artificial intelligence and Instagram

4.1 The material remains the client's

Videos, photos, audio, text, logos, references and brand information uploaded to Estúdio remain the property of the client, or of whoever licensed them to the client.

4.2 Limited authorization to work with the material

To provide the service, the client authorizes Datapex, on a non-exclusive, royalty-free basis and only for as long as the service lasts, to store, copy, edit, transcribe and transform that material, to send it to the necessary providers (listed in the Privacy policy) and to publish it on the accounts the client has connected, always after the client's approval. This authorization is solely for providing the service to the client itself. Datapex does not use the client's material to train its own AI models or to promote Datapex itself without the client's authorization.

4.3 Image, voice and third-party rights

The client warrants that it holds the necessary rights and authorizations over the material it uploads, in particular:

• authorization to use the image and voice of each person who appears or speaks in the content (employees, customers, models and others) and, in the case of children and adolescents, the authorization of their parents or legal guardians;
• licenses for any third-party music, fonts, photos, videos and trademarks it includes.

4.4 Human approval and responsibility for what is published

Nothing is published without the approval of a member of the client's team. The client is responsible for the content it approves and publishes, including the caption, date and account chosen, and for complying with advertising rules (such as the Código de Defesa do Consumidor, the Brazilian Consumer Protection Code, and the Brazilian Advertising Self-Regulation Code of CONAR) and with the rules specific to its line of business.

4.5 AI-generated content may contain errors

Content ideas, scripts, captions, images, voice-overs, posting-time suggestions and reply suggestions are produced with the support of third-party AI services and may contain errors, inaccuracies, similarities to existing content or inappropriate results. Review before approving: check facts, prices, promotions, dates, names and what is said about products and services. Suggestions based on performance figures are estimates, not a guarantee of reach, engagement, followers or sales.

4.6 AI label on Instagram

When content includes AI-generated material (such as a voice-over or an image), Estúdio publishes the post with Instagram's AI label, when that feature is available for the format. The client must not remove or circumvent this label and must disclose the use of AI whenever the law or Meta's rules require it.

4.7 The content produced

The final content produced for the client may be used by the client in the brand's communications, as set out in the contract. Datapex does not claim ownership of that content; the software, content templates and third-party components used in it remain subject to their own licenses. AI-generated content may not be protected by copyright and may resemble content generated for other people.

4.8 Meta integration

The Instagram professional account and the Facebook Page linked to it are connected through Meta's official login, with the permissions the client approves on that screen. By connecting, the client authorizes Estúdio, on behalf of the account, to: publish and schedule posts; read the account's media and the account and post performance figures; and, when customer messaging is turned on, receive and reply to direct messages and comments.

Use of this integration is also subject to Meta's terms and policies, such as the Instagram Terms of Use, the Community Guidelines and the platform policies for developers, which the client must comply with. Meta may change, limit or suspend features of its API, or restrict an account, at its own discretion; Datapex is not liable for features that stop working for that reason and will notify the client when it becomes aware of the change.

Estúdio MKT is not affiliated with, sponsored by or endorsed by Meta. Instagram and Facebook are trademarks of Meta Platforms, Inc.

4.9 Revocation at any time

The client may remove Estúdio's access to the account whenever it wishes: by disconnecting the account on the Instagram screen in Estúdio or by removing the app in the Facebook settings (Business integrations, or Apps and websites). Disconnecting in Estúdio deletes the access token immediately. Features that depend on the account stop working; content already published remains on the account, under the client's control. To delete what has already been stored, see Data deletion.

4.10 Handling messages and comments

Customer messaging only works when the client turns it on for the brand. AI suggests replies and a member of the brand's team approves each one before it is sent. Health-related matters do not receive automatic replies and are routed to a person at the brand. The client is responsible for the replies sent on behalf of the brand and, as the controller of the data of the people who interact with it, for informing those people and handling their requests, as required by the LGPD (Lei Geral de Proteção de Dados Pessoais, Brazil's General Data Protection Law, Law No. 13.709/2018), with Datapex's support as processor.

Part 5

Other Datapex applications

5.1 Business intelligence and Radar

The business intelligence applications organize the client's management data into dashboards and reports, and Radar tracks the use of these applications. The scope, data sources, integrations and deliverables of each project are those defined in the contract.

5.2 Business data belongs to the client

The client is responsible for the origin and lawfulness of the data it brings into the applications and for authorizing access to the sources (for example, management systems and spreadsheets). Datapex processes this data on the client's behalf, as processor, under the terms of the contract and of the Privacy policy.

5.3 Analyses support decisions

Indicators and analyses depend on the quality of the source data and serve to support the client's decisions. They do not replace the client's own assessment or accounting, financial, tax or legal advice.

5.4 Other rules

The rules on access, use, responsibility, suspension and termination set out in these terms apply to these applications.

Part 6

Contracting, availability and support

6.1 Price and contracting

Scope, price, payment method, price adjustment, term, renewal and cancellation are those set out in each client's proposal or contract. This website and these terms do not set any prices.

6.2 Availability

Datapex works to keep the applications available and secure, but does not guarantee uninterrupted or error-free operation. Interruptions may occur due to maintenance, updates, provider failures (such as hosting, Meta and AI services), internet problems, or acts of God and force majeure. Service levels apply only when set out in the contract.

6.3 Maintenance

Whenever possible, scheduled maintenance is announced in advance. Urgent security fixes may be carried out without prior notice.

6.4 Evolution of the applications

Datapex may improve, change or remove features of the applications. Any change that materially reduces what was contracted follows the provisions of the contract.

6.5 Support

Support is provided by email at contato@datapexbi.com.br and through the channels set out in the contract, within the time frames of the contract.

6.6 Keep your originals

The applications do not replace the client's own file storage. Keep a copy of the originals of the material you upload.

Part 7

Responsibilities and limits

7.1 Datapex's liability

Datapex is liable for the damage it causes in providing the service, under the law and the contract.

7.2 What falls outside Datapex's liability

To the extent permitted by law, Datapex is not liable for:

• content provided, approved or published by the client, or replies sent on behalf of the brand;
• decisions made by the client based on analyses, suggestions or figures from the applications;
• results in terms of reach, engagement, followers or sales;
• acts, changes, failures or restrictions of Meta and of other third-party services that Datapex does not control;
• misuse of accounts caused by a lack of care with credentials;
• loss of profits and indirect damages.

7.3 Limit set out in the contract

Where the contract sets a limit on the parties' liability, that limit applies.

7.4 Rights that cannot be waived

Nothing in these terms excludes or limits rights guaranteed by law that cannot be waived by contract, including those under the Código de Defesa do Consumidor (Brazilian Consumer Protection Code) where it applies, nor liability for willful misconduct or gross negligence.

7.5 Client's liability

To the extent permitted by law, the client is liable for losses Datapex suffers due to a violation of these terms by the client or its users, including third-party claims concerning content the client provided, approved or published.

Part 8

Suspension and termination

8.1 Suspension

Datapex may suspend, in whole or in part, the access of a user or of the client in the event of a violation of these terms or of the law, a risk to the security of the service, of other clients or of third parties, an order from an authority, a requirement or restriction imposed by Meta, or in the other cases provided for in the contract. Whenever possible, Datapex gives prior notice and an opportunity to remedy; in the event of serious risk or a legal requirement, it may suspend immediately and notify afterwards.

8.2 Termination by the client

The client may terminate the engagement as set out in the contract. At any time, it may also disconnect its Meta accounts and remove its users' access.

8.3 Termination by Datapex

Datapex may terminate the service in the cases provided for in the contract or in the event of a serious or repeated violation of these terms.

8.4 After termination

Access is deactivated, and the data follows the retention periods and deletion rules of the Privacy policy and of the contract. Before termination, the client may request a copy of its material and of the content produced, in the formats available and as set out in the contract. Provisions that by their nature survive termination (such as intellectual property, liability, governing law and jurisdiction) remain in effect.

Part 9

Datapex intellectual property

9.1 The software belongs to Datapex

The software of the applications, including code, screens, workflows, content templates, instructions given to AI services, methods, documentation and Datapex's names and identifying marks, belongs to Datapex or to its licensors and is protected by the Brazilian Software Law (Law No. 9.609/1998), Copyright Law (Law No. 9.610/1998) and Industrial Property Law (Law No. 9.279/1996).

9.2 Right of use

The engagement grants the client a non-exclusive, non-transferable right to use the applications for the term of the contract. It does not transfer ownership of the software.

9.3 Suggestions

Improvement suggestions the client sends about the applications may be used by Datapex to enhance them, without any obligation to pay and without using the client's data.

Part 10

Privacy, changes, governing law and contact

10.1 Privacy

The processing of personal data is governed by the Privacy policy, which explains what we receive, what for, where we store it, for how long and with whom we share it. Step-by-step instructions for requesting deletion are available at Data deletion.

10.2 Changes to these terms

These terms may change. When they do, the version date changes with them. Material changes are communicated to client companies before they take effect, by the registered email address or by another channel set out in the contract. Anyone who does not agree may stop using the service, as set out in the contract. The version in force is the one published on this page.

10.3 Languages

The English and Spanish versions are translations. In the event of any discrepancy, the Portuguese version prevails.

10.4 General provisions

Tolerance of a breach of any rule does not constitute a waiver of it. If any provision is held invalid, the remaining provisions remain in effect. Communications between the parties by email are valid.

10.5 Governing law and jurisdiction

These terms are governed by Brazilian law. The courts of the Judicial District of São Paulo/SP, Brazil, are chosen as the venue, without prejudice to a consumer's right to bring an action in the courts of their place of residence (Art. 101, I, of the Código de Defesa do Consumidor).

10.6 Contact

Questions about these terms: contato@datapexbi.com.br.

DATAPEX BI LTDA, CNPJ 63.533.838/0001-60, São Paulo/SP, Brazil.