Annex V – Terms of Use for Software Plans and Channel Packages

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The Terms of Use for Software Plans and Channel Packages (ZENVIA CUSTOMER CLOUD) are intended to highlight important points about the use of the different Services included in ZENVIA CUSTOMER CLOUD. They are additional and specific rules to those provided for in the General Terms of Service and are incorporated herein for all legal purposes.

Acceptance of the General Terms of Service and use of any Plan or Package implies acceptance of the rules described below, so please read these Terms carefully.

These Terms may be modified at any time via this link: , by way https://www.zenvia.com/en/terms/terms-of-use/ for example only, to reflect changes and updates to the services offered; as a result of a court order or legislative change; due to changes in the contracting policies of third-party controllers of communication channels, such as Meta (Facebook Inc.), Telephone Operators, etc. The CLIENT must keep up to date by checking the current information.

In the event of inconsistencies or conflicts between these Terms and those of any other document accepted by the CLIENT, these Terms shall prevail in relation to the use of the services included in ZENVIA CUSTOMER CLOUD.

1. STORAGE RULES WITHIN ZENVIA CUSTOMER CLOUD

1.1 While the Agreement is in force, ZENVIA will store the Transactional Data that the CUSTOMERS traffic through their respective accounts in ZENVIA CUSTOMER CLOUD for a period of 24 (twenty-four) months (“Active Account Retention Period”), counted from its generation or insertion, with the permanent deletion of such Transactional Data after this period, unless there is an express written agreement between ZENVIA and the CUSTOMER providing for a different storage and retention period.

1.2 During the Active Account Retention Period, CLIENTS and their USERS will be able to access and obtain reports of the Transactional Data trafficked in their respective accounts, subject to the following conditions and deadlines:

(a) Up to the 6th month: User Transactional Data will be available via Screen Query in ZENVIA CUSTOMER CLOUD, i.e. via self-service on demand.

(b) From the 7th to the 24th month: Transactional Data will be stored in Backup and will no longer be available for Screen Query. Access to the Transactional Data during this period will only be possible by means of Inquiry by Call, subject to the response times established by ZENVIA in its internal policies, which may vary according to complexity, timing and compliance with applicable regulations, such as local legislation for the protection of personal data.

(c) After the 24th month: The CLIENT’s Transactional Data will be deleted from our systems, including those stored in backups. After this period, data recovery will no longer be possible.

1.3 From the date of termination of the Agreement, ZENVIA will enable limited access to ZENVIA CUSTOMER CLOUD for these CUSTOMERS for a period of 60 (sixty) days, only so that they can access the Transactional Data available via Screen Query. At the end of this period of 60 (sixty) days, counted from the termination, even if the CUSTOMERS have not made any access or backup, ZENVIA will delete all Transactional Data stored in ZENVIA CUSTOMER CLOUD, including Transactional Data trafficked in a period of less than 24 (twenty-four) months (“Inactive Account Retention Period”).

1.4 The deletion of Transactional Data will be carried out in a secure and definitive manner, following the best information security practices and in compliance with applicable personal data protection regulations.

1.5 Zenvia reserves the right to change the Data storage regulations at any time, including those concerning the time limits for retaining Transactional Data, with the corresponding updating of the provisions set out herein. Any significant change, which implies a burden on CUSTOMERS, will be communicated in the manner and within the timeframe provided for in the General Terms of Service.

2. API RULES WITHIN ZENVIA CUSTOMER CLOUD

2.1 ZENVIA CUSTOMER CLOUD uses a multi-channel API, as defined in these Terms of Use, which allows, from a single implementation, the consumption of all the channels made available in the software, whose rules of use that the CLIENT must observe are set out in the following sub-items.

2.2 Rate-Limit for Access to APIs: The CUSTOMER agrees to observe and respect the limits (rate-limit) established for access to the APIs provided by ZENVIA in the ZENVIA CUSTOMER CLOUD.

2.3 Limitation of Calls, Requests or Transactions per Second:

2.3.1 Each API made available by ZENVIA has a rate-limit of 20 (twenty) calls per second.

2.3.2 The CLIENT acknowledges and agrees that this limit is established to ensure the stability, security and proper performance of the services.

2.3.3 The CLIENT is aware that the limit of calls per second may vary between APIs and will be specified in the technical documentation provided by ZENVIA, as set out in item 2.6 below.

2.4 The CLIENT’s responsibility:

2.4.1 It is the CLIENT’s responsibility to monitor and manage the number of calls made to the APIs to ensure compliance with the limits (rate-limit).

2.4.2 In the event that the CUSTOMER exceeds the limit of calls per second established for a given API, ZENVIA reserves the right to take corrective measures, including, but not limited to, limiting or temporarily suspending access to the API.

2.5 Notification of Changes in Limits:

2.5.1 ZENVIA shall have the right to adjust the limits set out in Section 2.3.1 in order to guarantee the quality and stability of the services.

2.5.2 The CUSTOMER will be notified reasonably in advance of any changes to the call per second limits.

2.6 The API documentation made available on ZENVIA CUSTOMER CLOUD will be available at this Github link: https://zenvia.github.io/zenvia-openapi-spec/v2/#section/Overview.

3. SPECIFIC COMMUNICATION RULES IN ZENVIA CUSTOMER CLOUD

3..1 The CLIENT is exclusively responsible for choosing and/or preparing the content to be sent in the communications transmitted through the services provided by ZENVIA, so that all traffic carried out under credentials belonging to the CLIENT will be the CLIENT’s sole responsibility.

3.2 When communicating, the CLIENT must always comply with the following

obligations:

i. Identify themselves clearly, accurately and legitimately;

ii. Not violate the rights of third parties;

iii. Respect the rights of PERSONAL DATA SUBJECTS  processed by the communication made;

iv. Observe and follow applicable federal and state laws, legislation, regulation and self-regulation including, but not limited to, the U.S. Constitution, Electronic Communications Privacy Act, Privacy Act, Federal Trade Commission Act;

v. Ensure formal authorization (“opt-in”) from the Recipient, who must be duly

identified, for any communication with them to be initiated by the CLIENT;

vi. Ensure that the aforementioned information identifying the Recipient passed on is

treated as Personal Data;

vii. Guarantee the possibility of formal cancellation (“opt-out”) of the authorization by

the Recipient through “MO” messages, cancellation links (e-mail) or other applicable

means for any other channels;

viii. Include, where applicable, a clear and non-misleading title/subject that accurately

describes the content and purpose of the message (e.g. “this e-mail is an advertisement

or promotion”).

3.3 The CLIENT may not transmit communications and/or files that:

i. present information that is false or deliberately out of date (fake news), misleading,

dubious or whose nature cannot be clearly identified;

ii. present information that is known to be out of date and intended to form opinions or

instill emotional states based on error;

iii. promote any form of racism or discrimination;

iv. reference to illegality;

v. bring pornographic, political or religiously fanatical content, without prejudice to also observing the provisions of clause 4.1.1 when using the channels within ZENVIA CUSTOMER CLOUD.

vi. violate the rights of third parties;

vii. are prohibited or not recommended for the Recipient’s age group;

viii. present unsolicited mass or fraudulent content, which characterizes spam or phishing;

ix. involve charging the Recipient, except for any charges levied by telephone operators for replying to communications;

x. promote or encourage portability and/or migration of the Recipient between telephone operators;

xi. have not been formally authorized (“opt-in”) or have had their formal cancellation

(“opt-out”) requested by the Recipient.

3.4 In order to help the CLIENT make the best use of our channels, ZENVIA may apply content filters to the communications and/or files being trafficked. These filters, through algorithmic configuration, will serve to prevent the traffic of communications that present (1) phishing, (2) spam or (3) inappropriate or offensive vocabulary.

3.5 The possible use by ZENVIA of the filters mentioned in the previous clause does not remove or diminish the obligations imposed on the CLIENT through this document, nor does it remove the CLIENT’s liability for damages arising from the traffic of communications with undue content.

3.6 Regardless of the solution or channel used by the CLIENT, the communications  sent must be of a strictly commercial, corporate and/or institutional nature, and the use of ZENVIA’s services for communications  of a personal or other nature is prohibited.

3.7 The CLIENT on behalf of itself and its respective equity holders, officers, directors, employees, agents, legal representatives, successors and assigns, does hereby indemnify and agree to hold harmless each of ZENVIA and its respective equity holders, officers, directors, employees, agents, legal representatives, successors and assigns from and against any and all causes of action, lawsuits, claims, costs, expenses and demands whatsoever in law and or equity by any person or persons whomsoever, including specifically but not limited to any third party, government or political subdivision or agency thereof, asserted against ZENVIA, for claims arising from or related to CLIENT’s breach of its representations or warranties under this Agreement or CLIENT’s failure to comply with ZENVIA’s terms and conditions, laws, rules and regulations applicable to CLIENT under this Agreement.

3.8 From time to time, under the terms of the legislation, ZENVIA may request that the CLIENT send us proof of obtaining the opt-in and opt-out granted by the Recipient, therefore, the CLIENT must keep such information duly filed, providing ZENVIA whenever requested, which must be complied with within a reasonable period agreed between the Parties.

4. CHANNEL-SPECIFIC RULES 

4.1 SMS

4.1.1 These rules will apply whenever the CUSTOMER uses SMS as a communication channel with their recipient, within the plans.

4.1.2 Each SMS message may contain a maximum of 160 (one hundred and sixty) alphanumeric characters, including special characters and accents which count as 2 (two) alphanumeric characters. Messages that exceed this limit will be split and concatenated automatically, and will count for all purposes, especially billing and collection, as multiple messages, depending on the number of concatenated SMS messages required.

4.1.3 Traffic messages will be charged on the basis of sending and/or receipt by the CLIENT, regardless of successful delivery to the final Recipient.

4.1.4 The CLIENT may send SMS messages with political content as long as they do not violate what is described in Clause 3.3 above, and must comply with the following conditions:

i. The message must not artificially create emotional or passionate mental states or contain content that could be considered fanatical;

ii. It is strictly forbidden to broadcast (1) news that is known to be false or (2) when out of context and explained, known to be out of date, all of which are known as “fake news”;

iii. The CLIENT must respect all electoral legislation and guidelines of the Federal Election Commission, especially with regard to deadlines and territorial scope for the broadcasting of electoral campaigns;

iv. It is forbidden to use the names, brands or logos of any telephone operator in the content of the communications or pages referenced;

v. Anonymity is expressly forbidden and the sender must always be identified;

vi. In the event that ZENVIA or any telephone operator receives judicial or extrajudicial notification from the CLIENT that the communication made is irregular, the CLIENT must take all necessary measures to cease the communication;

vii. All communications  sent must have a mechanism allowing the recipient to opt out. The recipient must opt out within 48 hours of their request.

4.2 WhatsApp

4.2.1 These rules shall apply whenever the CUSTOMER uses the WhatsApp Business communication channel, regardless of the solution, tool or interface that may be integrated into the channel. The CUSTOMER’s use of the solution does not give them any intellectual property rights over the WhatsApp Business Solution

4.2.2 The CUSTOMER may not request services, make complaints and suggestions or open tickets directly with Meta, WhatsApp or any other companies belonging to the group, under penalty of interruption of channel access services, contractual termination, application of a fine and determination of losses and damages, as the case may be.

4.2.3 ISV program:

4.2.3.1 If the CUSTOMER, as the owner of WhatsApp Business, already uses services provided by third parties (referred to as ISVs) integrated into the WhatsApp Business channel or wishes to use services provided by ISVs integrated into the channel, it will be mandatory for the CUSTOMER and the ISV to join the “ISV Program” established by the Target.

4.2.3.2 Joining the “Program” will require express formalization by signing the documents required by the Target, as well as a prior validation process on the intended ISV to be applied by the Target. In this case, ZENVIA, as the BSP, will provide the necessary information and support for joining the Program.

4.2.4 Policies, Terms and Conditions of Use established by Meta:

4.2.4.1 In addition to the provisions contained herein, other documents prepared by Meta are also responsible for establishing conditions, obligations and guidelines for the use of WhatsApp Business Solution:

(a) WhatsApp Business Solution Terms (https://www.whatsapp.com/legal/business-solution-terms);

(b) Facebook Terms (https://www.facebook.com/legal/terms);

(c) Facebook Commercial Terms (https://www.facebook.com/legal/commercial_terms);

(d) WhatsApp Business Terms of Service (https://www.whatsapp.com/legal/business-terms);

(e) WhatsApp Business policy (https://www.whatsapp.com/legal/business-policy);

(f) WhatsApp Legal Information (https://www.whatsapp.com/legal/#privacy-policy);

(g) WhatsApp Intellectual Property Policy (https://www.whatsapp.com/legal/#ip-policy);

(h) WhatsApp Brand Guidelines (https://whatsappbrand.com);

(i) Technical and product documentation (https://developers.facebook.com/docs/whatsapp/guides);
(j) WhatsApp Commercial Policy (https://www.whatsapp.com/legal/commerce-policy).

4.2.4.2 Meta may update, unilaterally and without prior notice, any of the documents that deal with the use of the WhatsApp Business Solution, especially those listed above, which, for the continued use of the solution, must be observed by the CLIENT.

4.2.5 Obligations that the CLIENT must observe and comply with when using the channel:

  1. Take care of the login data of the user(s) registered to use the solution’s software, refraining from revealing, duplicating, reproducing or distributing such access data;
  2. Throughout the configuration of WABA, at least one (1) system administrator must be appointed who is responsible for managing the WhatsApp Business Client instance and who is active at all times during configuration;
  3. In the case of having a third-party provider integrated into the solution, ensure that this third party only processes data in accordance with your instructions and authorization, within the limits imposed by all documents dealing with guidelines and policies for using the solution, especially the ISV Program;
  4. Present the WhatsApp logos, in whole or in part, unchanged at all times, and must not combine them with any other logo, company name, brand or generic terms;
  5.  Present the name “WhatsApp” as a single word, without modifications or abbreviations, keeping the letters “W” and “A” capitalized;
  6.  Follow WhatsApp’s visual identity, which incorporates the colors “blue green”, “green, “blue” and others throughout the application;
  7.  Follow the brand guidelines in the Brand Guidelines document (https://whatsappbrand.com) when using the WhatsApp logo to promote your commercial presence in the application when using the WhatsApp Business Solution or WhatsApp Business APIs;
  8.  Obtain prior, express and registered Formal Authorization (OPT-IN) from Recipients to send messages through WhatsApp Business Solution;
  9.  Provide Recipients with the opportunity to request Formal Cancellation (OPT-OUT) of receiving messages sent via WhatsApp Business Solution;
  10.  Comply with all requests – made through WhatsApp or otherwise – to block, discontinue or refuse communications through WhatsApp (“Opt-Out”). In the event that any Recipient is presented with a Refusal Option, BSP, when aware of such Option, will remove such Recipient from the User Base, preventing new messages from being sent to that Recipient;
  11.  Use templates to create their messages, and such templates must comply with the solution’s guidelines and usage policies. WhatsApp may review message templates before they are used;
  12.  Maintain a Privacy Policy that complies with applicable legislation, especially with regard to the rights of data subjects;
  13. About the phone number that should be linked to WABA:

1. The number must be owned by the WABA holder. If, for any reason, the CUSTOMER loses ownership of this number, Zenvia will have no responsibility to keep it active on the platform. This same rule applies to prepaid numbers;

2. The number must be able to receive SMS or voice calls for registration to be completed;

3. Once a phone number has been registered in the WhatsApp Business API, it cannot be used by the WhatsApp Business application or by normal WhatsApp. If this number ceases to be used in a WhatsApp API and is duly unlinked in the CLIENT’s business manager, without carrying messages for 30 (thirty) days, the CLIENT may reuse this same number in the free version of WhatsApp, as stipulated by Meta;

4. Authorize the provision to Meta of data, metrics and other information related to the CLIENT’s use of WhatsApp Business Solution, especially from the linking of their Facebook Business Manager and Facebook for Developers account to WABA;

5. Respect the image, brand and confidentiality guidelines found in the normative documents drawn up by Facebook;

6. Maintaining the infrastructure, servers and any other equipment necessary for the solution to function;

7. In the event of termination of the channel licensing services contract, destroy copies of software and modifications in YOUR possession, as well as return materials and documentation delivered to YOU under the contract;

4.2.6 The CLIENT may NOT, while using WhatsApp Business Solution:

  1. Directly or indirectly, use data obtained from WhatsApp Business Solution to (1) track, build or augment profiles of individual WhatsApp recipients, except for data obtained from the content of their own conversations, (2) process such data with third parties, even if in anonymized, aggregated or derived form, (3) redirect Meta and WhatsApp services, piggyback or redirect, or (4) combine such data with any other third-party data sources;
  2.  Use the data of the Recipients contacted for purposes other than those necessary and justified to support the types of message (content) being sent;
  3.  Sending messages to recipients who have not given formal authorization or who have opted out;
  4.  Send messages of a promotional, advertising or marketing nature, unless (1) the sending is done within a window of 24 hours from the contact initiated by the final recipient or (2) the templates approved by WhatsApp for notifications are used;
  5.  Create games or interactive programs that involve skills, competition and/or luck;
  6.  To relate, at any level, to terrorist or organized crime activities and, in this sense, to transmit messages whose content tolerates or supports groups or individuals linked to such activities;
  7.  Using WhatsApp Business Solution to commit crimes or facilitate/organize criminal activities that cause injury to people or animals, harm businesses or cause damage to third parties;
  8.  Disclosing or asking for the disclosure of credit card or bank account numbers and details;
  9.  Transmitting messages whose content is at odds with the applicable legislation and regulations in force, in the applicable law;
  10.  Assigning the rights to use WhatsApp Business Solution to third parties without the prior express consent of Meta.

4.2.7 Interruption or Suspension of CUSTOMER’s access to WABA by Meta:

4.2.7.1 Meta may, at its sole discretion, restrict and/or remove your access to the solution in cases where the CLIENT:

  1. Receive excessive negative feedback from recipients or cause harm to WhatsApp or its individual users, including its Recipients;
  2.  Use solutions offered by third parties, even when official WhatsApp tools and products are available; and
  3.  Violates any of WhatsApp’s usage policies or guidelines or encourages third parties to do so. In these cases, the CLIENT may be prevented from using the solution again.

4.2.7.2 ZENVIA will inform you within 48 (forty-eight) hours of any status changes in the CLIENT’s WABA promoted by the Target.

4.2.7.3 Where appropriate, in the event of suspension or banning of the CLIENT’s account, ZENVIA will seek to understand the reasons for the penalty applied by the Target and, where appropriate, restore the regular active status.

4.2.7.4 The account ban not reversed by the Target will constitute a case of automatic termination of the contract between the CUSTOMER and ZENVIA. This termination will partially apply when the contract between the Parties establishes the provision of other services not affected by the banning of the CUSTOMER’s account on the WhatsApp Business Solution channel.

4.2.7.5 Considering that suspension or banning orders, including for misuse of templates, are issued exclusively by Meta, ZENVIA cannot be held responsible for any damage arising from these orders, except in cases where it has been proven that it was the sole cause of any penalty.

4.2.8 The CLIENT’s responsibilities in relation to the use of the channel:

4.2.8.1 The CLIENT shall be fully liable:

  1. For any and all acts or omissions of third parties appointed by the CLIENT to join the WhatsApp Business channel;
  2.  For any and all damage caused by the content of the messages transmitted;
  3.  For any and all damage arising from the underlying relationship between the CLIENT and the Recipient of their messages;
  4.  For any and all pecuniary punishments to BSP or Meta that originate from an act or fact that is the responsibility of the CLIENT or third parties under their responsibility.

4.3 VOICE

4.3.1 These rules will apply whenever the CUSTOMER uses the voice platform as a communication channel with their recipient, within the plans.

4.3.2 Platform Licensing:

4.3.2.1 ZENVIA’s licensing of the voice platform provides a corporate communication solution that can be integrated with different channels and tools, features and add-ons, and when combined with the infrastructure of multiple fixed and mobile Network Operators, enables the connection between the CLIENT and its end users.

4.3.2.2 ZENVIA acts exclusively as a supplier of the software platform, not directly providing the infrastructure and numbering resources, and disclaims any responsibility in relation to the telecommunications services offered by the partner Operators, including the Multimedia Communication Service (SCM), Personal Mobile Service (SMP) and Fixed Switched Telephone Service (STFC), as well as any issues related to the operation of telecommunications networks or regulatory compliance, which are the responsibility of the partner Operators.

4.3.2.3 The service may be contracted on a pre-paid or post-paid basis, as provided for in the CLIENT’s Commercial Proposal, which is an integral part of this instrument.

4.3.2.4 When contracted in the prepaid mode, the CLIENT will be entitled to use the service by purchasing credits and recharges on the panel, which will be invoiced by ZENVIA after confirmation of payment, or as determined by the partner.

4.3.2.5 When contracted in the post-paid mode, the service will be invoiced by ZENVIA according to its consumption and according to the prices and conditions established in the Commercial Proposal contracted by the CLIENT.

4.3.3 Telephone line numbers:

4.3.3.1 ZENVIA may, at the CLIENT’s request, make a telephone line number available for exclusive use on its platform, by formalizing and operating a Non-Onerous Assignment Agreement with the CLIENT, linked to any and all telephone lines assigned during the term of the Agreement, the details of which will appear on the Voice Platform and on the respective billing. In this case, the structure and numbering resources will be provided directly by the fixed and mobile Network Operator partners.

4.3.3.2 If the CUSTOMER already has their own telephone line, they will need to port the number from their external Operator to ZENVIA’s Partner Operator in order to be able to use it exclusively on ZENVIA’s platform.

4.3.3.3 The CLIENT declares and acknowledges that ZENVIA is not the telecommunications service provider responsible for offering the Telephone Line to be used on the Platform – but rather the Telephone Operators – and that ZENVIA has no responsibility whatsoever for the quality of the telecommunications services offered by the Operator.

4.3.4 Responsibilities

4.3.4.1 ZENVIA is solely and exclusively responsible for providing the voice platform, and assumes no responsibility for the content trafficked and its purpose. Therefore, the CUSTOMER is solely and exclusively responsible for all issues related to the content, traffic delivered and application of the contracted service, and must strictly observe the legislation in force in its use.

4.3.4.2 The CUSTOMER is prohibited from using the service contracted to make mass calls at a volume greater than the human capacity for dialing, answering and communication, which are not completed or, when completed, are disconnected by the originator within a period of up to 3 (three) seconds (“short calls”), under penalty of total and immediate blocking of the service, without prejudice to the other penalties provided for herein.

4.3.4.3 The CLIENT shall hold ZENVIA harmless from any fines imposed by telephone operators, regulatory agencies and/or bodies of the judiciary or executive branch that are derived from non-compliance with legislation or regulation applicable to the communication maintained by the CLIENT. In the event of the imposition of any fines by the Operators, regulatory agencies and/or bodies of the judiciary, which are derived from non-compliance with legislation, or even with the determinations of applicable law, ZENVIA reserves the right to pass on in full to the CLIENT, within the limit of its responsibility, without prejudice to the possibility of immediate suspension of services and/or motivated termination.

4.3.4.4 ZENVIA assumes responsibility for managing the contractual relations with the partner Operators contracted by it, guaranteeing the operability of the services offered through the voice platform. ZENVIA also undertakes to bear any and all remuneration due to the partner Operators contracted by ZENVIA, including the remuneration of the destination network, related to the Transport Service of the traffic originated by the CUSTOMER to the destination terminals.

4.4 RCS

4.4.1 These rules will apply whenever the CUSTOMER uses the RCS channel, regardless of the product or trigger mechanism (web or API).

4.4.2 Types of RCS and rules of use:

4.4.2.1 RCS Basic. This version has no multimedia content (images, videos, audio, etc.) or other features typical of RCS Single. As it is a simpler option, it is only possible to send text messages of up to 160 characters. This message will contain the channel’s normal identification, such as brand validation and hotsite, as well as delivery status and message reading. If you send more than 160 characters and have an integrated Notification/Single agent, then the message will be delivered as a Notification/Single. If the recipient is not RCS-compatible, the message will be delivered as an SMS automatically.

4.4.2.2 RCS Single. Allows you to send messages of up to 5000 characters with logo and verified account. Enhances your CUSTOMERS’ messaging experience with the possibility of sending multimedia resources, such as an image, conversion button or carousel. Reports with sending, delivery and reading data are available for better monitoring and management of messages.

4.4.2.3 Conversational RCS. Send messages of up to 5000 characters with logo and verified account in all RCS Rich features. Use as a service channel for a complete journey Integrate the chatbot experience with conversation flows and responses.

4.4.3 Processing

4.4.3.1 Triggering. Traffic messages will be charged based on receipt and/or sending by the CLIENT, regardless of successful delivery to the final recipient. The triggering mechanism can be done via API or via the ZENVIA CUSTOMER CLOUD platform in its web interface.

4.4.3.2 Fallback. If the destination device does not support RCS, our platform will send SMS. The list of fallbacks and RCS delivered is available in the ZENVIA CUSTOMER CLOUD reports.

4.4.3.3 Opt-Out in RCS messages: Whenever a user receives an RCS message, they have the option of replying ‘stop’, ‘stop’, ‘stop’, ‘don’t want’, ‘exit’, ‘exit’, to stop receiving these messages.

4.4.3.4 General Provisions: Any changes or updates made by Google to the rules governing the use of the RCS channel shall be promptly informed to the CLIENT, who may only continue to use the channel if subject to such new rules, under penalty of liability for improper use.

4.5 E-MAIL

4.5.1 These rules will apply whenever the CLIENT uses the e-mail channel, regardless of the product or trigger mechanism (web or api).

4.5.2 Processing:

4.5.2.1 The flow starts with one of two interfaces: ZENVIA CUSTOMER CLOUD or API. The CLIENT will choose whether to use email templates that are sent with personalized information.

4.5.2.2 The CLIENT can choose to send them at a specific time or send them immediately. The trigger is sent to a gateway (stargate) which will validate that the CUSTOMER is able to make this trigger by verifying their contract with the channel and other details before it is sent to a final application that talks to the email provider. After the message has been sent, useful information about the trigger will be available to our CLIENTS, allowing reports to be generated identifying which messages were delivered and which were not.

4.5.2.3 Opt-out: The CUSTOMER who has decided to opt-out and no longer receive content from a particular sender will do so by sending a message with the words ‘stop’, ‘stop’, ‘stop’, ‘don’t want’, ‘exit’, ‘exit’ or by clicking on the Unsubscribe button. In this way, the contact enters the Deny List and no longer receives emails from that sender.

4.6 INSTAGRAM

4.6.1 These rules shall apply whenever the CLIENT uses the instagram business channel, regardless of the solution, tool, module or platform that may be integrated into the channel.

4.6.2 Policies, Terms and Conditions of Use established by Meta:

4.6.2.1 In addition to the provisions contained herein, other documents prepared by Meta are also responsible for establishing conditions, obligations and guidelines for the use of Instagram:

  1. Facebook Terms of Service;
  2. Facebook Community Standards;
  3. Instagram Terms of Use;
  4. Instagram Community Guidelines;
  5. Facebook Developer Policies, especially the Instagram Messaging Policy;
  6. It is important to know that Meta may update, unilaterally and without prior notice, any of the documents dealing with the use of Instagram Business, especially those listed above, and that, in order to continue using the solution, the CLIENT must accept and follow any new conditions, obligations or guidelines.

4.6.3 Limitations of this channel:

  1. It is not possible to use the API with “non-business” Instagram accounts;
  2. Conversations between more than 2 participants (Group Thread) are not supported;
  3. It does not support the forwarding of notifications, only receptive use;
  4. If the total of 200 (two hundred) messages sent within a 5 (five) minute interval by “@account” is exceeded, the API may experience slow message traffic;
  5. If the total of 300 (three hundred) messages sent and/or received within an interval of 5 (five) minutes per “@account” is exceeded, the API may slow down the execution of webhooks;

4.6.4 Even if the CUSTOMER uses automated conversation flows in conjunction with the Instagram channel, any communication experience promoted by the CUSTOMER must allow overflow to human interaction.

4.6.5 The CLIENT and/or any third party indicated by the CLIENT may not retain, download or in any way store in their own systems the media content sent or made available through the API.

4.6.6 How you will be charged for using Instagram:

4.6.6.1 For the use of the channel through the Messenger API for Instagram, the CLIENT will pay the amount stipulated and agreed between us for each “Conversation” initiated, which will be considered as such whenever the CLIENT receives a message via Instagram from any user of the channel and will have a duration of 24 hours.

4.6.6.2 When this 24-hour time limit is reached, another Conversation will be started – and also charged for – if the CLIENT receives a new message.

4.6.6.3 Tools, solutions and/or platforms used in conjunction with the Instagram channel may be charged for separately and at their own discretion.

DEFINITIONS

API: The acronym API stands for Application Programming Interface. In short, it is a type of application that provides a means by which two systems are connected and interact by exchanging specific data. The API works by sending resources passed on by the user to a particular server or system and, after this stage, the external end of this communication responds with the data needed to offer a particular service to the user. For these reasons, when we talk about APIs we tend to mention endpoints, which represent one of the communication points between the interface and the external server. Thanks to this characteristic, APIs have the benefit of saving user resources, since they don’t run locally on the user’s machine and only use the server’s response to provide the necessary information. In short, an API is simply an application that exchanges information between an external system and a user.

BACKUP: Refers to the backup copy of the CLIENT’s Transactional Data stored for recovery purposes in the event of data loss or system failures.

BSP (BUSINESS SERVICE PROVIDER): ZENVIA’s quality and designation as an official and approved provider of access to the WhatsApp Business channel.

CUSTOMER: User of a service provided by ZENVIA.

SCREEN VIEW: Direct and immediate access to transactional data via the ZENVIA CUSTOMER CLOUD interfaces.

CALL CONSULTATION: Access to Transactional Data upon formal request through the support system, via Zenvia’s service channel.

TRANSACTIONAL DATA: All messages, data and information exchanged, transmitted or stored by CUSTOMERS with their final recipients, through the various communication channels (CPaaS) and software (SaaS) available on ZENVIA CUSTOMER CLOUD, including, but not limited to: SMS, RCS, Whatsapp, recordings of conversations and/or records of each call made on the Voice channel, interactions via Chatbot and Whatsapp, records of cases, tickets, calls, assistance and/or other information and/or data recorded in Zenvia Chat, Zenvia Conversion, Zenvia Service and Zenvia Success, data trafficked via the automations created with our Bots using Zenvia Bots, Zenvia NLU and Zenvia Docs, as well as documents in PDF format and/or any other file extension sent and/or received on any of the software (SaaS) and/or Channels (CPaaS) offered via ZENVIA CUSTOMER CLOUD and transacted through their respective accounts, regardless of the format, type or extension of the data.

E-MAIL: This is a channel that allows CUSTOMERS to send e-mail messages to their end CUSTOMERS separately and automatically. ZENVIA bridges the gap between the two parties to simplify and speed up sending to a segmented base defined by the CUSTOMER through ZenAPI or the Zenvia Platform, using ZENVIA CUSTOMER CLOUD.

INTERACTIONZ: It is the term created to make tangible the value that our solution brings to our CUSTOMER. The definition of an Interactionz is when the brand starts a conversation with its CUSTOMER or when the end consumer initiates contact with the brand. The conditions state that an Interactionz lasts 24 hours from its opening. New messages within this period do not create a new Interactionz.

INTEGRATIONS: These refer to the connection between different systems or applications, allowing data and functionalities to be exchanged between them. These integrations facilitate collaboration and efficiency by allowing separate systems to work together, sharing information and automating processes.

ISV (INDEPENDENT SOFTWARE VENDOR): Third party that in some way integrates the relationship between Zenvia (BSP) and the holder of WABA (WhatsApp Business).

RCS (RICH COMMUNICATION SERVICE): Google’s messaging channel, compatible only with Android mobile devices with branding, rich media, interactivity and analysis. With RCS, companies can deliver interactive and branded mobile experiences. Unlike SMS, RCS returns read status. To send on this channel, the CLIENT must have a Google agent. This service is compatible with the mobile devices that Google partners with, such as Android from version.

SEATS: Refers to the number of licenses or “seats” available on a software platform or system that allows a certain number of users to simultaneously access and use the service. Each “seat” represents an authorization for a person or user to access the platform or service. The term is often used in CUSTOMER service software or CUSTOMER relationship management systems.

SMS (“SHORT MESSAGE SERVICE”): Short text message with up to 160 (one hundred and sixty) alphanumeric characters transmitted between the CLIENT and the Recipients via a mobile telephone line.

SOLUTIONS: We will refer to Zenvia Customer Cloud as a solution, and to the Attract, Convert, Nurture and Serve journey stages as Solutions. When referring to Zenvia Customer Cloud, the term solution can be interchanged with the term software. Zenvia Customer Cloud is not a platform and will not be a tool.

WABA (WhatsApp Business Account): WhatsApp Business Solution is a software solution that provides a communication channel between companies and users of the WhatsApp application, owned and managed by Meta. It is an accredited and approved access to the corporate WhatsApp communication solution maintained by Meta (Facebook Inc). With this access, an account is created so that the holder can receive and send messages through it. It is the official corporate WhatsApp account.

ZENVIA CUSTOMER CLOUD: It is web software where information and interactions with CLIENTS are centralized and stored in the cloud to consolidate consumer data, interaction records and relevant information in a single place, accessible quickly and efficiently, allowing companies to provide personalized services, improve the consumer experience and make informed decisions based on centralized and up-to-date data.