Terms and Conditions of Use
WEBPEAK (hereinafter the "Platform" and/or the "Company") was developed and made available by WCB SOLUCOES DE INTERNET LTDA (hereinafter the "Provider"), to you, hereinafter the "User", and/or "You". The access and use of the site and platform are governed by these Terms and Conditions of Use. By using this site and/or platform, the User acknowledges that he has read and understood, and agrees to be bound by, all of these Terms and Conditions of Use.
If the User has any questions about any of his rights and obligations resulting from his acceptance of this Agreement, he should consult the Company at the email address: contato@webpeak.com.br.
The Company provides Users with the Services described below in various versions (hereinafter "Services") on its website https://www.webpeak.com.br/ (hereinafter "Platform"). The Product offers various technical aids with which the customer can optimize his online marketing. The exact description of the service is provided when the User registers.
In general, the Services provided by the Company consist of a suite of online marketing and management tools for search engine optimization ("SEO"), social media and digital marketing, which includes tools for research and analysis, link building, site management identifying errors and failures, automated search engine performance tracking, conversion analysis and tracking and SEO reporting, content and contact management tools.
Among other things, the Services allow Users to (a) run advertising campaigns on the internet, (b) obtain information related to their ongoing advertising campaigns, (c) generate reports and analysis on web pages or advertising campaigns, and (d) access an extensive range of resources, including, but not limited to, an online platform and its application programming interface ("API").
Acceptance of these Terms and Conditions of Use on the services available on the Site and Platform will be effected by Users clicking on the accept button when they access the Platform for the first time. It is reiterated that by using the Platform Services in any way, the User recognizes that he/she has read and understood, and agrees to be bound by all these Terms and Conditions of Use, including receiving communications, information and even offers, as long as sporadic by the Company, by email, text message or Whatsapp.
Prerequisite for the use of the product is existing Internet access and use of the latest version of Mozilla Firefox, Google Chrome, Apple Safari or Microsoft Edge browsers. Usability of the Platform in other browsers and older versions cannot be guaranteed by the Company.
The Company's Services are intended exclusively for business Users. The business User is the natural or legal person or company with legal capacity who, when entering into a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity.
The User accepts that the use of the Service is made by himself/herself, and the Company does not owe any success in the form of a verifiable marketing improvement.
The User is expressly prohibited from using the Services in any of the following ways or for any of the following purposes:
a. Using the Services for any illegal or unauthorized purpose, including in any way that violates copyright or other applicable laws;
b. Use the Services in a manner detrimental to the operation of the Services or to access or use of the Services by any other person;
c. Transmit viruses, worms or any other destructive code. This restriction applies to any use that interferes or attempts to interfere with the normal operations of the Services, including hacking, deleting, enhancing or altering the Services;
d. Without prior written permission and solely with respect to rental, resale and sublicense, except as may be specifically permitted in your paid subscription plan
e. Copy, distribute (including by framing any of the Services on any website), modify, enhance, translate, reproduce, sell, resell, sublicense, rent, lease or otherwise attempt to exploit the Services or any resulting data;
f. Decompile, disassemble, reverse engineer or attempt to discover the source code;
g. Make derivative works of the Services;
h. Remove, obscure or alter any copyright, trademark or other proprietary rights notices posted or contained on or accessed in conjunction with or through the Site or Services;
i. Modify another site so as to falsely imply that it is associated with the Services or any other Company products or services;
j. Make the Site or Services or any part thereof available to third parties in a service or outsourcing engagement or for any other commercial time sharing, data processing or other third party use;
k. Making comments on the "Blog" and the "SEO Forum" in a libelous, offensive, pornographic, defamatory, threatening, commercially oriented manner or in violation of the law or the rights of others.
The Company reserves the right to use third party service providers in the provisions of all or part of the Services, including, but not limited to, hosting providers, payment processing services, information and communication services, analytics services, internet advertising platforms, advertising service providers and platforms. When any of the aforementioned services are provided by third parties, the User may be subject to the third party's Terms and Conditions of Use. It is reiterated that the Company has no responsibility for the services provided by Sites and Platforms outside the scope of these Terms. The User should read the Terms and Conditions of Use and Privacy Policy of the third parties.
The User may use the Services as a registered user or as an unregistered user. In addition, the User must be 18 years old or older to use the Site and Services. If you are under 18, you should not register for the Services or submit any information, including your name, address, telephone number or e-mail address. If the Company learns that it has collected personal information from any person under the age of 18 without verification of parental consent, it reserves the right to delete that information as soon as possible.
To register, User will need to create a user account on the Site by following the registration procedures and instructions set forth therein. There is no cost to create a user account. Payment will be required when the User chooses one of the Service plans offered by the Company.
To register at the Site, the Company will need only the User's name, e-mail, cell phone and CPF/CNPJ. When choosing the plan, the User must inform the URL of his company, so that the Company can provide its Services. This data will be stored in a secure software. Information about the Users' data can be checked in the Company's Privacy Policy.
When registering to the Site/Platform, registering as a User and subsequently subscribing to Services, may provide the User with the following additional benefits regarding the use of the Services in a visitor (unregistered) capacity: tracking marketing campaigns and viewing the history of requests, maintaining his/her preferences and other settings, etc. The User will also be able to see the data he provided to the Company. Within the dashboard, the User can have access to third party applications. The Company recommends reading the Terms and Conditions of Use of these sites, as well as their Privacy Policy, and is not responsible for the User entering the respective applications.
The agreement with the User is made through the registration and login of the client at the Site, with his subscription in accordance with the plan of his choice, along with the confirmation of the registration by the Company.
Upon registration, the User agrees to be solely and fully responsible for the maintenance of all his user accounts and undertakes to keep the Platform access data secret and not to transmit them to third parties. Furthermore, the User is also responsible for making changes to his/her name, telephone number, e-mail address, and other information about his/her company, whenever necessary for the correct use of the Services provided by the Company.
By registering on the Site/ Platform, the User represents and warrants that (a) all registration information it submits is true and accurate; b It will maintain the accuracy of such information; c It is at least 18 years of age and has the capacity and authority to enter into this Agreement; and (d) use of the Services does not violate any applicable law or regulation.
The Company Blog is the virtual page for sharing information, personal experiences or news, composed of texts such as posts and articles. Users may make comments on these texts, and to do so will need to register on a separate site. The Company has no responsibility for the services provided by third-party sites, and the User must read the respective Terms and Conditions of Use and Privacy Policy.
Users may also use the "SEO Forum" made available by the Company, which is the space that allows interaction among Users, by means of comments, such as questions and answers with the Provider. The User may participate by reading, writing and evaluating the shared content. To actively use the Forum, the User must register on the Site itself. By registering, the User agrees to be bound by these Terms and Conditions of Use.
For use of the Blog and Forum, the Company will not perform any prior filtering of the comments and content made available on the Site by Users. However, it may, at any time and at its sole discretion, without being under any obligation to do so, exclude any content posted on the Platform if it potentially violates Brazilian law, morals and good customs or the provisions of these Terms.
The User will choose the plan of Services offered by the Company according to his desire and need. The Company has alternative plans, with monthly, quarterly, semiannual and annual subscription, with different values. When hiring a plan, the User agrees to use only what is available in the plan offered, and to pay for the amount shown on the Site, subject to the provisions of clause 9 of these Terms and Conditions of Use.
Unless explicitly stated otherwise, any new features that increase or improve the Services currently offered, including the release of new Company services, will be subject to these Terms and Conditions of Use.
Every billing process is performed by the Company with the gateway "asaas.com". The Company recommends the User to read separately the Terms and Conditions of Use and Privacy Policy of said gateway, and is not responsible for possible payment failures, frauds, connection errors and failures, etc.
The Company may obtain information from the transactions such as, but not limited to, the amount paid, outstanding, overdue and reversed. In addition, the Company will have access to an ID generated by the indicated gateway in order to detect the User's payment and release the User's access to the Platform. Only after the gateway's notification, the Company releases the User's access.
Payment for the use of the Services is based on the contract term and payment period selected by the User and is displayed to the User when placing the order in the contract administration section within the Platform.
The fees shown are net prices plus any tax that may be applicable. In addition, the product usage fee is due at the beginning of the contract period agreed with the invoice. In case of an automatic extension, the agreed fee will be due again in the same amount at the time of the automatic extension.
Payment is made according to the payment method chosen by the Customer at the time of registration.
If within 1 day after the due date of the invoice the agreed fee cannot be collected from the Client or, in the case of payment by bank transfer credited to the Company's account, the Company reserves the right to block access to the Platform and Services without prior notice.
The Company reserves the right to make additional claims for payment default. Upon payment of the amount due, the Company shall unblock the platform within 1 business day.
If the User specifies a credit card as a means of payment, he authorizes the Company to the financial institution that issued the customer's credit card to initiate outstanding payments in accordance with the contractual agreements between the Company and the Customer.
According to the Brazilian consumerist legislation, the User has the right to give up the contract within 7 days from signing it. The Company will try to process and complete refund requests within 3 working days from the moment of receipt of the refund request; however, in the event of any delay in the refund beyond the 3 working day period, Users may contact the Company by e-mail: contato@webpeak.com.br, or by the chat feature at the bottom of the site.
The refund process may entail a call back to the Users and the validation of key information that may be required by the Company to process the refund request.
Repeated registrations and/or subscriptions to paid Services and cancellations, followed by refund requests, by a User may, in Company's sole discretion, be considered bad faith, and Company reserves the right to withhold Service to any offending User and refuse any refund otherwise available to such User.
The User may only offset claims against payment claims of the Company if they are expressly recognized by the Company, undisputed or legally binding. Furthermore, the User may only assert a right to refuse performance or a right of retention if the right arises from the same contractual relationship as the Company's claim.
The Company grants the User permission to use the Services and the Site only as set forth in this Agreement and in the manner set forth on the Site. In case of any conflict between the terms of this Agreement and the Site, the terms of this Agreement shall prevail. Any use of the Services other than as set forth in this Agreement or in violation of any term of this Agreement will result in suspension or revocation of your usage privileges at our sole discretion.
The duration of the Services is displayed to the User during registration, and the contract is automatically renewed for the agreed period if not cancelled within the notification period specified in the clause, unless otherwise provided by the User.
The Services may be cancelled at any time with at least 1 working days’ notice until the end of the respective contract period. The contract can be cancelled online on the Platform, or by e-mail to contato@webpeak.com.br.
The right to cancel without notice for cause and with immediate effect remains unaffected for both parties. A significant reason on behalf of the Company occurs in particular if the customer is in default with 2 cycles (6 months, or two overdue invoices)
Notwithstanding anything stated or implied to the contrary in this Agreement, the Company may at any time, without derogating from other rights under this Agreement, applicable law or otherwise, suspend or terminate any or all Services, with immediate effect upon issuance of a notice to be sent to the User. Such suspension or termination may also apply, as the case may be, to specific jurisdictions, lines of business and otherwise or to a specific User or group of Users. Notwithstanding the foregoing, only with respect to Users of paid Services, where reasonably possible, Users may download all the reports they want while access is unrestricted, after suspension, the User will have to pay to obtain the reports again.
The User acknowledges and agrees that all right, title and interest in, any and all intellectual property rights of every kind or nature, including, without limitation, patent, copyright, trademark, database rights, as well as moral rights, know-how and trade secrets (and any licenses related to any of the same), if registered or incapable of registration, and whether subsisting in any specific country or countries or any other part of the world, in the Services, the platform used to provide the Services (technology, hardware, software, etc. ), any code or software (SDK, API, etc.) that may be provided to User or for User's use under this Agreement and any work products created and/or delivered hereunder and related documentation (forming Company's Site and Services) are and shall remain solely and exclusively the property and/or ownership of Company , as well as its licensors or affiliates.
The User has no title or ownership rights in the Site or Company Services. The User's right to use the Site, Services and any part thereof is strictly limited to the provisions of this Agreement and the Company reserves all rights not expressly granted herein.
The Company reserves the right to change these terms and conditions at any time without stating reasons, unless the change is unreasonable for the User and will inform the User of the changes to the Terms and Conditions in good time. If there is no objection on the part of the customer to the applicability of the new Terms and Conditions of Use, they will be amended and deemed accepted by the customer.
Within the framework of technical possibilities, the Company strives for a constant product supply. However, maintenance, security or capacity issues that are not within the Company's responsibility may lead to short-term interruptions or temporary suspension of the platform. In this regard, the User acknowledges that the continuous availability of the Company Platform cannot be technically guaranteed.
If and to the extent that a third party makes claims against the Company based on illegal actions by the customer, the User shall hold the Company harmless from all claims, including the reasonable costs of legal defense, at the first request. Other claims for damages by the Company remain unaffected by this.
The Company is not responsible for those who access or use the Services or the Site from jurisdictions that prohibit such use, do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless the Company and its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Services and the Site; (b) your violation of any term of these Terms; or (c) your violation of any right of any third party, including without limitation any copyright, property or privacy right.
The Company does not warrant or assume responsibility for any products or services advertised or offered by third parties through the Site or any hyperlinked site or featured in any banner or other advertising, and will not be on any part or in any way responsible for monitoring any transaction between the User and third party product or service providers.
In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on whose observance the User can regularly rely (cardinal contractual obligations) due to slight negligence on the part of the Company and its legal representatives or indirect agents, the amount of liability is limited to the damage foreseeable at the time of acceptance of these Terms, the occurrence of which must be typically expected. Otherwise, claims for damages are excluded.
Finally, it is reiterated that the Company is not responsible for any sending of messages, photos and videos through communication channels both internal and external to the Site and Platform, which are the sole and exclusive responsibility of the User. The Company uses all means necessary to protect the personal information of its Users, and has a policy of removing any and all information not necessary to provide its services, whenever possible.
These Terms and Conditions of Use, together with the Privacy Policy and any additional guidelines, rules and/or disclaimers posted on the Platform constitutes the entire agreement governing your use of the Company Site and supersedes any prior agreements, if any, regarding any subject matter addressed in this Agreement.
These Terms and Conditions of Use shall be governed, interpreted and executed in accordance with the laws of the Federative Republic of Brazil, regardless of conflicts of these laws with laws of other states or countries, being competent the Forum of Osasco, Brazil, to settle any doubt arising from this instrument. The User expressly consents to the jurisdiction of this court, and hereby waives the jurisdiction of any other forum, however privileged it may be or may become.
If you have any questions after reading this Privacy Policy, please contact us by e-mail: contato@webpeak.com.br
In case of any conflict involving the English version of the documents, the Portuguese version, available https://kb.webpeak.com.br/portal/pt/kb/articles/termos-e-condi%C3%A7%C3%B5es should prevail