These terms and conditions govern the use and access to Smartbis and/or all additional customer support solutions offered and operated by Smartbis for the benefit of the Customer's users. These Terms apply to all visitors, users, and individuals accessing or using the Services.
1. Terms of Services
These Terms and Conditions constitute an agreement between the Smartbis clients and Smartbis, a Brazilian company, and govern access to the Services and the site smartbis.com, software, data feeds, information, tools, resources, and functionalities available on the Site.
Furthermore, by using the Services, the Customer agrees to adhere to any guidelines or rules published within the Service, in addition to those contained in these Terms and Conditions.
BY ENTERING, VISITING, AND/OR USING THE SITE AND/OR SERVICES, THE CUSTOMER AGREES HAVING READ AND UNDERSTOOD THE TERMS SET FORTH IN THIS CONTRACT, INCLUDING THE TERMS OF THE PRIVACY POLICY THAT MAY BE REVISED FROM TIME TO TIME, AND AGREES TO BE BOUND BY THEM AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS REGARDING THE USE OF THIS SITE AND/OR SERVICES.
THESE TERMS APPLY TO THE ACTIVITIES OF THE CLIENTS AND DEFINE THE RIGHTS AND OBLIGATIONS OF THE CLIENTS COVERED BY THE CONTRACT. IF THE CLIENT DOES NOT AGREE WITH THESE TERMS, THEY SHOULD NOT USE THIS SITE AND/OR ANY SERVICES PROVIDED BY Smartbis.
Smartbis reserves the right, at our discretion, to modify these Terms and Conditions from time to time to reflect changes in our business, the Sites or Services, or as a result of applicable laws. To that end, the change to the “Terms and Conditions” page of our site will be announced with 30 days' prior notice. We may also notify Customers about the change using contact information, email, or other means.
We are not responsible if Customers choose not to provide this information to Users. The revised Terms and Conditions will take effect from the published effective date. If the Customer continues to use the Services and/or the Site after any changes, the Customer agrees to be bound by such modifications or revisions. Nothing in these Terms and Conditions shall be deemed as rights or benefits of third parties.
Customers agree that Smartbis shall not be liable to them or any third party for any modification, suspension, or discontinuation of their Platforms and/or Services.
2. Use of services
2.1. By using or accessing any of the Services, the Customer and/or User agrees to be bound by these Terms and Conditions. If the Customer and/or the User is using the Services on behalf of an organization, entity, or any other artificial person, the Customer and/or the User acknowledge and agree that the Organization consents to these Terms and Conditions, and that the Customer and/or the User has authority to bind and represent the Organization.
The Customer and/or User may only use the Services if they have the capacity to bind through the execution of a contract with Smartbis, in accordance with these Terms and Conditions and all applicable laws, whether local, state, national, international, rules and regulations.
Furthermore, the Customer and/or User agree and acknowledge that the Services may be subject to changes as they evolve or functions are reduced or added, which may occur without prior notice. The Customer and/or User agree that Smartbis may, without prior notice, suspend, temporarily or permanently, the provision of the Services.
2.2. It is recognized and agreed that Smartbis has the right, at its sole discretion, to refuse to provide Services, temporarily or permanently, through the Platform and/or any other Service, to any Customer and/or User at any time, including if there is suspicion that a specific Customer and/or User violates these Terms and Conditions.
3. Knowledge
Among other benefits, the Services allow Customers to create, publish, or upload information, links, photos, videos, or other materials, hereinafter “Knowledge”, and share them with third parties. Customers must retain ownership of the Knowledge and acknowledge that Smartbis will NOT BE RESPONSIBLE if any Users or third parties copy, retransmit, or disclose the Knowledge.
Customers recognize and accept that publishing Knowledge through the use of the Services does not replace registration with the relevant copyright authority or any other copyright entities. Customers should carefully analyze what they choose to share through the Services.
Customers agree not to create, upload, or publish Knowledge that could result in risk of damages, loss, physical injuries, or mental suffering; risk of harm to any individual or property; exploitation of minors; crime, error, or illegal activity; illegal, harmful, abusive, offensive, defamatory, harassing, libelous, threatening, or profane information; illegal or confidential information; information with no authority to disclose; or misleading or outdated information.
Customers agree that any Knowledge will not infringe the rights of third parties, including intellectual property rights or privacy rights. Smartbis reserves the right, but not the obligation, to refuse and/or delete any Knowledge deemed, at its sole discretion, to infringe these provisions.
Customers retain ownership of the Knowledge, but authorize Smartbis to use, copy, reproduce, adapt, edit, transmit, translate, display, and distribute such Knowledge in connection with providing the Services. Customers agree that Smartbis may use the Knowledge, questions, answers, interactions, and content owned by Customers to improve its processes, algorithms, and artificial intelligence.
Additionally, Customers authorize Smartbis to adapt the Knowledge if necessary to adjust it to any network, device, service, or communication medium requirements or restrictions. Smartbis reserves the right to access, read, maintain, and disclose information it reasonably deems necessary to comply with laws, enforce these Terms, resolve fraud, security, or technical issues, respond to assistance requests, or protect rights, property, and security.
4. Use of Knowledge
All Knowledge included in the Services, whether public or privately transmitted by Users, is the sole responsibility of the creator of such Knowledge. Smartbis does not endorse, support, represent, or guarantee the entirety, truthfulness, accuracy, or reliability of any Knowledge created, uploaded, or published through the use of the Services and does not endorse any opinions made through the use of the Services.
Smartbis does not have the capacity to supervise and/or control the Knowledge created, uploaded, or published using the Services; therefore, it cannot assume any responsibility regarding such Knowledge. If Customers use or rely on any Knowledge or materials created, uploaded, or published, they do so at their own risk.
Under no circumstances shall Smartbis be liable for any loss or damage resulting from the use of any Knowledge contained in the Platforms. Customers agree that they are solely responsible for the use of the Services, any Knowledge provided through them, and the consequences thereof, including the use of their Knowledge by other Users and third parties.
Smartbis shall not be liable for the Customer’s use of the Knowledge in accordance with these Terms and Conditions. The Customer declares and warrants that they have all necessary rights, powers, and authorities to grant the rights granted under this document for any Knowledge provided by the Customer.
5. Service setup
5.1. The Customer shall comply with the technical requirements and specifications of the Service, along with any other requirements and specifications that Smartbis may specify from time to time, for example, in providing and improving other Smartbis services the Customer may be interested in receiving.
These technical specifications may include: including software code, tags, and cookies provided by Smartbis on Customer sites and email newsletters; providing product and/or service catalogs of the Customer to be included in the Service; and providing logos and other Content of the Customer for display in advertisements, banners, or similar.
The Customer shall comply at all times with the policies of Smartbis included in the Privacy Policy.
6. Customer account
6.1. When customers create their accounts, they must provide accurate information to Smartbis. The Account grants Customers access to the Services and functionalities of the Platforms, which may be modified at the sole discretion of Smartbis, provided such modifications do not alter the essence of the Services. Smartbis may maintain different types of accounts for different types of customers.
If Users connect to the Platforms through a third-party service, they will give permission to Smartbis to access and use their information via the Service, and will store admission User data for that service. Neither Customers nor Users should use an account maintained by another User and/or Customer without their permission.
Furthermore, if Customers grant access to third parties via an API or similar systems or platforms, Customers will be responsible for all damages caused by such access and the use of information and transactions made through it.
6.2. If the Customer voluntarily provides us with personal information, it will be kept confidential in accordance with our Privacy Policy.
6.3. The Customer is solely and entirely responsible for all activities occurring under their business. The Customer may not assign or transfer any customer rights or delegate any obligations without prior written consent from Smartbis. The Customer must notify Smartbis immediately of any unauthorized use or security breach.
Smartbis cannot and will not be liable for any loss or damage resulting from the Customer’s failure to comply with these Terms and Conditions, any unauthorized use of the Customer’s site, or any activity conducted by others on behalf of or under the Customer’s supervision.
6.4. The Customer acknowledges, understands, and agrees that Smartbis is not responsible, cannot, and does not confirm the intended identity of each Customer and/or User.
6.5. If the Customer is no longer interested in using the Service, they may cancel it as per the instructions in clause 10 of this instrument.
7. Smartbis license
7.1. Subject to these Terms and Conditions, Smartbis grants a worldwide license to Customers which, unless expressly authorized in writing, is granted without sublicense rights and as a non-exclusive license to use the Service or Services. Smartbis shall reserve any rights not expressly granted under these Terms and Conditions and shall have the right to terminate this license at any time and for any reason.
It is essential that the Service is used in connection with the Customer’s business. Therefore, the Customer is not authorized to use the Services for different purposes.
8. Payments
8.1. For Smartbis to be obliged to provide Services to Customers, it is an essential condition that invoices are paid on time and in accordance with the “Service Framework Contract”. If Customers do not comply with this condition, Smartbis will have the right to cancel the Service.
8.2. All information provided by the Customer in connection with a purchase or transaction, or other monetary interaction with the Service, must be accurate, complete, and current.
The Customer agrees to pay all expenses incurred through the use of the Service by bank transfer or credit card, depending on the plan purchased, including current taxes or those that may be imposed or required by Smartbis or any authority in connection with the Service and/or this Agreement, excluding taxes based on Smartbis’s net profit.
9. Limitation of liability
9.1. The use of the Service is exclusively at the Customer’s own risk. Under no circumstances shall Smartbis be liable for any damages, including indirect, special, incidental, or consequential damages of any kind, resulting from the use or inability to use the Service, regardless of prior notice of such damages.
9.2. Customers exempt and do not hold Smartbis responsible for actions or omissions of third parties. The Customer acknowledges that the Service is only used as a tool to enable Customers to offer product(s) and knowledge. Smartbis is not a party to any transaction or transfer of legal rights or ownership of the Customer’s product(s) and/or content.
Smartbis does not control and does not guarantee the quality, authenticity, safety, legality, truthfulness, or accuracy of the products, content, or listings advertised on the Customer’s site or other sites, and cannot guarantee that a user will complete a transaction. Smartbis does not assume responsibility for ensuring the services and/or products of Customers for Users.
9.3. The Customer recognizes and accepts the risk that third parties may generate prints or other actions that affect charges for fraudulent or improper purposes. Smartbis shall not be responsible or liable to the Customer regarding third-party click fraud or other improper actions.
9.4. The Customer recognizes that Smartbis, the Platforms, and the Services act only as a Service, and Smartbis is not directly or indirectly involved in any potential transaction between the Customer and the User. Smartbis does not impose rules or restrictions concerning transactions and does not act as a legal advisor.
9.5. The Customer and their user shall be solely responsible for defining all business and legal terms and conditions governing their relationship, and Smartbis shall have no responsibility for such relationship.
9.6. Smartbis shall not be responsible and shall not assume additional responsibility or expense due to breach of Terms by the Customer, agreements between Customer and User, damages or harm caused to third parties by acts or omissions of the Customer, or inaccuracies, falsehoods, and/or authenticity of the content and information provided and/or displayed on the Service based on the Customer’s content.
9.7. Nothing in this Contract excludes or limits liability for fraud, gross negligence, death, bodily injury, or any other matter, to the extent such exclusion or limitation is illegal.
10. Intellectual Property
10.1. All rights, titles, and interests in the Services, excluding Knowledge provided by Users, are and will remain the exclusive property of Smartbis and its Licensors. The Services are protected by copyright laws, trademarks, and other laws of Brazil and abroad. Nothing in these Terms grants the Customer and/or User the right to use the Loyalty Application, logos, domain names, and other distinctive trademarks of Smartbis.
Comments, opinions, suggestions, or remarks provided by Customers regarding the Services are for informational purposes only. Smartbis may use them as it sees fit, without creating obligations to the Customer.
The software used to provide the Services, as well as its components, updates, source codes, new versions, processes, images, animations, modules, video, audio, texts, algorithms, subprograms, and related materials, are the intellectual property of Smartbis, which retains all rights.
These rights are protected by laws, national and international provisions, treaties, and international intellectual property rights. The Customer agrees not to remove or delete copyright notices, trademarks, trade names, and notices contained in related documents.
10.2. The Customer recognizes and agrees that Smartbis may include the Customer’s name on the public list of Smartbis clients, for the purpose of identifying the Customer by using its registered trademark, logo, and/or trade name.
10.3. The algorithm of Smartbis that demonstrates, reveals, or indicates any form of user positioning or marketing strategies is protected by Copyright Law, Law 9.610/98.
11. Acceptable use of the services
11.1. Smartbis trusts that the Customer and/or User will use the Services responsibly. Therefore, the Customer and/or User agree not to abuse the Services and not to:
- Sell, lend, deliver, license, sublicense, transfer, or lend any of the Services to third parties, except with prior and explicit written authorization from Smartbis.
- Copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile or disassemble any part of the Platform and/or the Service.
- Interfere or disrupt the operation of the Platform and/or the Service, servers or networks that host or provide the Platform and/or the Service.
- Interfere or violate the privacy rights and other rights of Clients and/or Users, or collect data without explicit consent.
- Defame, abuse, harass, persecute, threaten or violate the legal rights of third parties, or include illegal, hateful, obscene, indecent or illicit content.
- Enact impersonation of any person or entity, falsely declare affiliation, imply endorsement of Smartbis or present false information about Smartbis, the Platform or the Service.
- Create, transfer or send unsolicited or unwanted commercial emails using the Service.
- Transmit, distribute, display or make available viruses, worms, Trojans, logic bombs, web bugs, spyware or any other harmful code.
- Create a database by systematically downloading and storing intellectual property of Smartbis or content generated from the Platform and/or Service.
- Provide false, inaccurate or misleading information when using integration services for testing or validation of credentials abusively.
- Publish, transfer or upload content that infringes on third-party intellectual property rights or contains illegal material.
- Use the Service and/or Platform for any illegal or unauthorized purpose, harm minors or violate applicable ICANN rules or policies.
11.2. Non-compliance by the customer with the provisions established in this document may result in removal as a Customer or denial of access and/or use of the Service, and may expose the Customer to civil and/or criminal liability.
11.3. Without limiting any other available remedies, Smartbis may, without prior notice, limit, suspend or terminate your Service and take technical and legal measures to deny the Customer access to its Account and use of the Service.
12. Privacy
12.1. Smartbis respects the privacy of Customers and Users and is committed to protecting the personal and business information they share. The policies, practices, and types of information collected are described in the Privacy Policy.
12.2. The customer acknowledges and agrees that they may include codes and tags in their newsletters and websites via email. Any data received by Smartbis through these tags will be used to perform the Services and/or to provide and improve Smartbis products or services. Smartbis will collect and use these data in accordance with applicable laws and regulations, including privacy and data protection laws.
12.3. The Customer agrees to include a privacy policy on their website with a link to Smartbis's Privacy Policy and, when legally required, appropriate notification and opt-in mechanisms that comply with relevant laws and regulations.
When notices are required, they must indicate to Users that continuing to browse the Customer's website constitutes consent to cookies or other tracking technologies for service purposes, and allow them to learn more and to oppose the service.
12.4. Smartbis collects, uses, and shares personal and non-personal identification information as described in the Privacy Policy. By using the Services, Customers consent to the collection, use, transfer and processing of personal data of Customers and/or Users in accordance with the Privacy Policy.
13. Removal of infringing content
13.1. If the Customer and/or User believes that any content, addon, banner, trademark, brand or other intellectual property of third parties infringes on the Customer's or third parties' intellectual property rights, they should send a detailed notice to legal@smartbis.com. Smartbis will make reasonable commercial efforts to remove such content, locate the infringer, and notify them of the complaint.
13.2. For efficient removal, the notice must include a physical or electronic signature of an authorized person; identification of the copyrighted work; identification of the allegedly infringing material; sufficient information to allow Smartbis to locate the material; a good-faith statement that the use is not authorized; and a statement that the information contained in the notice is accurate, under penalty of perjury, and that the complaining party is authorized to act on behalf of the owner of the allegedly infringed right.
14. Trademarks
14.1. The Smartbis logo and all other proprietary identifiers used by Smartbis in connection with the Services and/or Platforms, whether or not registered, belong to Smartbis. All other trademarks, service marks, trade names, and logos appearing on the Site, Platform, and/or Services belong to their respective owners.
No rights, licenses, or interests in the Company’s Registered Trademarks are granted here, and the Customer agrees that such rights, licenses, or interests shall not be declared by the Customer concerning the Company’s Registered Trademarks or third-party trademarks.
15. Third-party links and sites
15.1. The Services may contain links or use third-party sites and services, including third-party sites hosting the Customer, advertisers, services, special offers, or other events or activities, which are not owned or controlled by Smartbis.
The Customer acknowledges that Smartbis has no control over such Third-Party Sites, is not responsible for their availability, does not endorse them, and is not responsible for services, content, advertisements, products or materials available on or through third-party sites.
The Customer also acknowledges and agrees that Smartbis will not be responsible, directly or indirectly, for damages or losses caused or allegedly caused by or in connection with the use or trust in services, content, products or materials available on third-party sites. It is advisable to carefully read the legal documents of these sites. Smartbis reserves the right to cease using any link at any time.
15.2. If the Customer and/or users access third-party sites using the Services, they do so at their own risk and understand that these Terms and Conditions and our Privacy Policy do not apply to the use of such sites. The Customer’s relationship with third parties is solely between them and those third parties.
16. Indemnification
16.1. The Customer agrees that Smartbis, its licensee, licensees, employees, contractors, agents, directors and officers shall be held harmless against claims, damages, obligations, losses, liabilities, costs, penalties and expenses, including attorneys' fees, arising from the use and access to the Services, including claims arising from data or knowledge transmitted or received by the Customer and/or Users, access or use of the Services by third parties with the Customer's username and password, or violation of these Terms and Conditions and/or applicable rules or regulations.
17. Confidential information
17.1. The Customer agrees to protect as confidential and not disclose to third parties any Confidential Information received from Smartbis, its affiliates, or obtained in connection with the execution of the Agreement.
“Confidential Information” means information not available to the general public and used, developed or obtained by Smartbis and/or its affiliates, including information, procedures and data related to businesses, products, services, cost structures and prices, analyses, business methods and accounting, software, organizational charts, manuals, documents, production methods, processes, technology, trade secrets, and any similar information.
Customers agree to use Confidential Information only to fulfill their obligations under these Terms and Conditions. To keep the information strictly confidential, they agree to take necessary and reasonable security measures, with the same care used to protect their own confidential information and, in no case, less than the reasonable care established by applicable law.
Customers shall take necessary technical and organizational measures to ensure the security and confidentiality of Confidential Information, prevent adulteration, loss, unauthorized consultation or treatment, and detect any intentional or unintentional unauthorized use.
18. Changes
18.1. Smartbis reserves the right to change these Terms and Conditions from time to time and will always publish the most recent version on its website. In case of material changes, Smartbis will notify Customers through an additional method, such as email to the address associated with the Customer's account.
The changes may be posted on the Site or the URL corresponding to the Terms and Conditions, so Customers should check these sites regularly. By continuing to access or use the Services after such changes come into effect, Customers agree that the amended terms are binding. If they disagree with the new terms, they must discontinue using the Services immediately.
19. Disclaimer of liability
19.1. The services are provided under the conditions set forth in these Terms and Conditions and as currently offered. Use of the services is at the Customer’s own risk. The services are offered without any express or implied warranty, including marketing guarantees, suitability for a specific purpose or non-infringement guarantees. Smartbis and its licensors do not guarantee permanent availability, zero interruption, absolute security, bug fixes or absence of viruses or harmful components.
19.2. Under no circumstances shall Smartbis, its affiliates, agents, directors, officers or suppliers be liable for direct, indirect, incidental, special or punitive damages, including business interruption, loss of profits or other intangible losses resulting from the use or inability to use the Services. Smartbis shall also not be liable for damages and/or losses resulting from breach, hacking, alteration or unauthorized access to the Customer’s account or the information contained therein.
19.3. Under no circumstances shall Smartbis be liable for anything attributable to Customers; misuse of the Services by Customers; errors or ambiguities in Knowledge; damages that may be inflicted by Customers on third parties; injuries or damages to personal property; unauthorized access to servers and personal information; transmission interruption or discontinuation; errors, viruses or similar materials transmitted by third parties; error or omission in Knowledge; content or behavior of users or third parties that is defamatory, offensive or illegal; or cases where the Services do not meet the user’s needs.
In no event shall Smartbis, its agents, directors, employees, suppliers or licensors be liable to Customers for claims, proceedings, obligations, damages, losses or expenses exceeding the amount paid by Customers for the services. Any Knowledge downloaded or obtained through the Services is downloaded at the Customer’s risk.
19.4. Smartbis does not guarantee and shall not be responsible for products or services offered by third parties through its Services. Smartbis is not a party to these transactions and does not monitor transactions between Customers and third-party suppliers.
Considering the features of the Services, Smartbis may perform routine maintenance and/or improvements. Due to unforeseen Internet contingencies, Customers accept the risks and failures or unavailability of servers and third-party Customers, waiving contractual or extra-contractual liability for failures, slow connectivity or access errors for reasons not attributable to Smartbis.
19.5. Smartbis manages a high availability and auto-scaling infrastructure available 24/7. Smartbis reserves the right to perform scheduled outages, informed by email, at the URL https://stats.uptimerobot.com/y6GXQHrqgN or by other means, at least 24 hours in advance, for maintenance, repairs, and tasks related to Service delivery. Smartbis may also perform unscheduled outages in case of emergencies.
19.6. If the level of service drops below 99%, 10% of the invoice amount will be reimbursed in the month during which the failure occurred; if below 95%, 15%; if below 90%, 20%. 19.7. The level of service will be published in https://stats.uptimerobot.com/y6GXQHrqgN.
19.8. Customers should immediately notify Smartbis of any failures in the Services. Smartbis will inform the nature of the failure and expected repair time. If necessary, Customers will provide reasonable support. Smartbis will immediately inform if the failure is unrelated to the Service and, once repaired, will notify the Customers.
This liability limitation applies if the alleged liability is based on agreement, damage, negligence, strict liability or otherwise, even if Smartbis has been advised of the possibility of such damages.
20. Cancellation and refunds
20.1. To ensure platform security and the integrity of data linked to each end-user of your APP, when requesting Cancellation, your IP and Geolocation will be automatically recorded. Therefore, only the Administrator who made the contract can request cancellation of their own account through the Control Panel.
20.2. You can cancel your plan at any time within the first 7 days and receive a full refund. The trial period includes the first 7 days after contracting or upgrading from the free plan to the contracted plan. This period does not apply to payments made for plan renewal.
20.3. If you upgrade from an existing Plan to another Plan within the same application, the new upgrade will not be considered a first purchase and you will not be eligible for a refund unless you cancel within the trial period starting from the original purchase date.
20.4. If you cancel your Plan during the trial period, the Plan will be canceled immediately, and it will not be possible to automatically revert the process, but you may, until the end of the plan, request reactivation via support ticket in the help center. If eligible for a refund or partial refund, the invoice will be canceled and the refund will be processed immediately.
Payment with Credit Card and PIX are refunded immediately. Depending on the card operator, it may be necessary to wait up to 20 business days to see the refund on the statement. For PIX, the maximum period is up to 2 business days, and for bank slip about 30 business days.
20.5. If you cancel within 72 hours after contracting or upgrading the plan, during the trial period, it is likely that the operation will be canceled before the payment is effectively made on the Credit Card. If this occurs, instead of receiving a refund, the payment may not be transferred from the card, and the amounts may be returned to the invoice within up to 20 business days from the date of payment.
Smartbis is not responsible for any bank charges or commissions. The only way to remove these charges is through direct negotiation with your bank.
20.6. The Customer acknowledges that certain processing fees charged by financial institutions or payment handlers are non-refundable, as they relate to services already provided at the time of payment authorization. If these fees are not returned to Smartbis, the refundable amount issued to the Customer may be lower than the originally charged amount. This does not constitute a fault in the refund, provided the refund process has been properly initiated and completed. Variations may also occur due to currency conversion, exchange rates, or rounding applied by networks or card issuers. Refund processing times and final statement presentation are solely determined by the card issuer.
21. Miscellaneous
These Terms and Conditions and any rights and licenses granted by this document may not be transferred or assigned by Customers, but may be assigned by Smartbis without restrictions. If Customers attempt to transfer or assign, such transfer or assignment will be null and void by law.
In the unlikely event that a dispute between Smartbis and Customers cannot be resolved privately by Smartbis, both Customers and Smartbis agree that any claim, dispute, or controversy, excluding injunctive or equitable relief sought by Smartbis, arising in connection with these Terms and Conditions shall be submitted to arbitration under the rules of Brazilian Law No. 9.307, of September 23, 1996, unless there is an express statement otherwise.
The arbitrator's decision will include arbitration costs, reasonable attorneys' fees, and reasonable fees for experts and witnesses. Nothing prevents Smartbis from seeking injunctive relief or equitable compensation from competent authorities, as necessary to protect its interests.
ALL CLAIMS MUST BE INDIVIDUALLY MADE BY THE PARTIES AND NOT AS CLAIMANTS OR MEMBERS OF ANY CLASS ACTION. Customers agree that, by accepting these Terms and Conditions, both Customers and Smartbis waive their right to a jury trial or to participate in a class action.
These Terms and all amendments and additional agreements entered into with Smartbis regarding the Services constitute the entire agreement between Customers and Smartbis. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, it will not affect the validity of the remaining provisions, which will remain in full force and effect.
No waiver regarding any term shall be considered a waiver of other unspecified terms, and Smartbis's failure to enforce any right or provision shall not be regarded as a waiver of such right or provision.
Smartbis may give notices required by law or related to business through email, letter sent by regular mail, or publication on the website. Customers may opt out of certain notices by visiting the settings page. For questions about these Terms and Conditions, contact Smartbis at smartbis.com.
22. Abuse
Complete or partial non-compliance with this Terms of Use can be reported through the company's contact details:
Email: abuse@in2.com.br
Important: Before sending an email, have the open ticket number available in our help and support center (http://smartbis.tawk.help). Without this ticket, your case will not be analyzed.
Once an email is received, an automatic confirmation message is sent back. If the confirmation email is not in your main inbox, check your SPAM folder.
BIS PLATFORM OF LOYALTY AND PAYMENTS LTD
CNPJ: 38.288.417.0001-74
Rod. José Carlos Daux (SC 401), 4150
88.032-005 Florianópolis / SC