Terms of Use

Acceptance of the terms

These Terms of Use (“Terms”) govern access to and use of the platform, the dashboard, the APIs, the documentation, and the messaging services (SMS, RCS, Voice, and WhatsApp) offered by Sintalk Blink Telecomunicação e Marketing S.A. (CNPJ 55.994.079/0001-05, “Sintalk,” “we”).

By creating an account, contracting a plan, accessing the dashboard, or sending any message through the platform, the individual or legal entity (“Customer,” “you”) represents that they have read, understood, and fully agree to these Terms and to the Privacy Policy. Anyone accepting these Terms on behalf of a company represents that they have the authority to represent and bind it. If you do not agree with any provision, do not use the services.

Definitions

• Platform: the set of systems, dashboard, APIs, documentation, and messaging services made available by Sintalk.
• Customer: the individual or legal entity that contracts or uses the Platform.
• Recipient: the person who receives the messages sent by the Customer through the Platform.
• Content: texts, images, links, templates, contact lists, and other data entered, sent, or dispatched by the Customer.
• Channels: SMS, RCS, Voice, WhatsApp, and other means of communication supported by the Platform.

Nature of the service

Sintalk acts as a provider of technological infrastructure and message routing, in the capacity of intermediary between the Customer, the carriers, the channel providers, and other third parties. Sintalk does not create, edit, or endorse the Content sent by the Customer, nor does it guarantee any commercial result, conversion rate, financial return, or specific performance arising from the use of the Platform.

Message delivery depends on factors that are outside Sintalk’s exclusive control, such as the availability and rules of the carriers, the policies of the channel providers (including Google, in the case of RCS, and Meta, in the case of WhatsApp), network coverage, and the Recipient’s device and settings.

Customer responsibilities

The Customer is solely and exclusively responsible for its use of the Platform and, in particular, undertakes to:

• Hold a valid legal basis (consent, legitimate interest, or another hypothesis under the LGPD) for every communication dispatched, retaining proof of such grounds;
• Provide opt-out (unsubscribe) mechanisms and promptly fulfill requests from Recipients who no longer wish to receive messages;
• Send only Content that is lawful, truthful, and not misleading, with clear identification of the sender;
• Comply with all applicable legislation, including the LGPD, the Consumer Protection Code, the Marco Civil da Internet, the Anatel regulations, and the policies of each Channel;
• Not use the Platform for spam, fraud, phishing, scams, or content that is offensive, discriminatory, unlawful, or that infringes the rights of third parties;
• Obtain and maintain all authorizations, licenses, and consents necessary for its campaigns;
• Maintain the confidentiality of access credentials and be liable for all activity carried out in its account;
• Provide truthful registration data and keep it up to date.

The Customer acknowledges that it is the controller of its Recipients’ data and that Sintalk acts as the processor, processing such data under the Customer’s instructions, in accordance with the Privacy Policy.

Prohibited use

The Customer is prohibited from, by way of example and without limitation:

• Sending unsolicited bulk messages (spam) or messages to lists obtained without a legal basis;
• Distributing malware, malicious links, or fraudulent content that misleads the Recipient;
• Infringing intellectual property, image, or privacy rights, or any rights of third parties;
• Attempting to circumvent technical limits, access unauthorized areas, perform reverse engineering, or compromise the security of the Platform;
• Reselling, sublicensing, or making the Platform available to third parties without express written authorization;
• Using the Platform for any unlawful purpose or one contrary to public order and morality.

Sintalk may, at its discretion and without prior notice where there is imminent risk, suspend or block sends, campaigns, or accounts that violate these Terms, without prejudice to any other applicable legal measures.

Registration and account

Access to the Platform depends on registration with truthful information. The Customer is responsible for all activity carried out with its credentials and must immediately notify Sintalk of any unauthorized use. Sintalk may refuse, suspend, or terminate accounts that show signs of risk, fraud, or violation of these Terms.

Plans, prices, and payment

The amounts, the contracted volume, and the commercial conditions are defined in the proposal or in the specific contract signed with the Customer. Unless otherwise provided, prices do not include taxes, which will be added in accordance with the legislation in force. Late payment may give rise to suspension of the services and the application of default charges, without prejudice to the collection of the amounts due.

Availability and service levels

Sintalk endeavors to keep the Platform available and to deliver messages via direct and redundant routes, with continuous monitoring. Nevertheless, the Platform is provided as is and may be subject to scheduled interruptions for maintenance, third-party unavailability, or events beyond Sintalk’s control. Specific service level commitments (SLA) apply only where expressly provided in the contract.

Intellectual property

The Platform, the software, the brand, the dashboard, the documentation, and all elements related to it are owned by Sintalk and protected by applicable legislation. These Terms do not transfer any ownership right to the Customer, granting only a limited, non-exclusive, non-transferable, and revocable license of use, during the term of the engagement.

The Content and lists entered by the Customer remain its property. The Customer grants Sintalk a license to host, process, and transmit such Content only to the extent necessary for the provision of the services.

Disclaimer of warranties

To the fullest extent permitted by law, Sintalk does not warrant that the Platform will be uninterrupted, error-free, or capable of meeting specific expectations of result, conversion, revenue, or delivery rate. The Customer fully assumes the risks of use, of the decisions made based on the Platform, and of the Content it dispatches.

Limitation of liability

To the fullest extent permitted by applicable legislation, Sintalk shall not be liable for indirect damages, lost profits, loss of data, loss of revenue, reputational harm, or consequential damages arising from the use of or inability to use the Platform.

Sintalk’s total liability, for any cause, is limited to the amount actually paid by the Customer in the 3 (three) months prior to the event that gave rise to the claim. Sintalk shall not be liable for acts, failures, or unavailability of carriers, channel providers, or other third parties, nor for the consequences of the Content sent by the Customer.

Indemnification

The Customer agrees to defend, indemnify, and hold harmless Sintalk, its partners, officers, and employees from any claims, losses, fines, damages, and expenses, including attorneys’ fees, arising from: (i) Content sent by the Customer; (ii) violation of these Terms or of applicable legislation; (iii) the absence of a legal basis or of Recipients’ consent; or (iv) misuse of the Platform. If Sintalk is sued judicially or administratively for a fact attributable to the Customer, the Customer shall assume the defendant’s position in the action or shall fully reimburse Sintalk.

Suspension and termination

Either party may terminate the engagement in accordance with the conditions of the specific contract. Sintalk may suspend or terminate access immediately in the event of violation of these Terms, security risk, order from a competent authority, or default. Once the relationship has ended, the licenses granted cease and the data will be treated in accordance with the Privacy Policy and the applicable legal periods.

Data protection

The processing of personal data follows the Privacy Policy, which is an integral part of these Terms. The Customer is responsible for instructing the processing of its Recipients’ data and for ensuring the lawfulness of the bases used in its communications.

Confidentiality

The parties shall keep confidential the confidential information to which they have access by reason of the relationship, using it only for the purposes of the engagement, except for a legal obligation or order from a competent authority that requires disclosure.

Force majeure

Neither party shall be liable for failures or delays arising from fortuitous events or force majeure, including failures of carriers, of channel providers, of power, or of connectivity, cyberattacks, acts of authority, and acts of nature.

Changes to these Terms

Sintalk may update these Terms periodically. The version in force will always be available on this page, with the date of the last revision indicated at the top. Continued use of the Platform after the publication of changes constitutes agreement with the new version.

Governing law and venue

These Terms are governed by the laws of the Federative Republic of Brazil. The courts of the District of João Pessoa, Paraíba are hereby elected to settle any disputes arising from these Terms, with waiver of any other, however privileged it may be.

Sintalk Blink Telecomunicação e Marketing S.A. · CNPJ 55.994.079/0001-05 · João Pessoa, PB, Brazil. These Terms may be updated periodically; the version in force will always be available on this page, with the date of the last revision indicated at the top.