WEBPEAK (hereinafter "Platform" and/or "Company") has been developed and made available by WCB SOLUCOES DE INTERNET LTDA (hereinafter "Provider"), to you, hereinafter "User", and/or "You". Access to and use of the website and platform are governed by these Terms and Conditions of Use. By using this website and/or platform, the User acknowledges that he/she has read and understood, and agrees to be bound by all 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 e-mail address: contato@webpeak.com.br.
The Company provides Users with the Services described below in various versions (hereinafter the "Services") on its website https://www.webpeak.com.br/ (hereinafter the "Platform"). The Product offers various technical aids with which the customer can optimize their 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 set 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 management tools and contact.
Among other things, the Services allow Users to (a) carry out 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 for the services available on the Site and Platform will be made by Users clicking on the accept button when they first access the Platform. It is reiterated that by using the Platform Services in any way, the User acknowledges that they have read and understood, and agrees to be bound by all these Terms and Conditions of Use, including receiving communications, information and even offers, provided they are sporadic, from the Company, by email, sms or Whatsapp.
A prerequisite for using the product is existing Internet access and the use of the latest version of Mozilla Firefox, Google Chrome, Apple Safari or Microsoft Edge browsers. The Platform's usability on other browsers and older versions cannot be guaranteed by the Company.
The Company's Services are aimed exclusively at commercial Users. An entrepreneur is a natural or legal person or company with legal capacity who, by entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
The User accepts that the use of the Service is his own and the Company does not owe any success in the form of a verifiable marketing improvement.
You are expressly prohibited from using the Services in any of the following ways or for any of the following purposes:
a. Use 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 that is detrimental to the operation of the Services or to any other person's access to or use of the Services;
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, augmenting 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 affixed to or contained within 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 products or services of the Company;
j. Make the Site or Services or any part thereof available to third parties on 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 "SEO Forum" that are libelous, offensive, pornographic, defamatory, threatening, commercial or that violate the law or the rights of third parties.
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 over 18 to use the Site and the Services. If the User is under 18, he/she must not register for the Services or submit any information, including name, address, telephone number or e-mail address. If the Company learns that it has collected personal information from anyone under the age of 18 without verification of parental consent, it reserves the right to delete such information as soon as possible.
a. Login and password
To register, the User will need to create a user account on the Site by following the registration procedures and instructions set out therein. There is no charge for creating a user account. Payment will be requested when the User opts for one of the Service plans offered by the Company.
To register on the Site, the Company will only need the User's name, e-mail address, cell phone number AND CPF/CNPJ. When choosing a plan, the User must provide the URL of their company so that the Company can provide its Services. This data will be stored in secure software. Information on User data can be found in the Company's Privacy Policy.
By registering on the Site/Platform, registering as a User and subsequently subscribing to the Services may provide the User with the following additional benefits regarding the use of the Services in a visitor (non-registered) capacity: tracking marketing campaigns and viewing the history of requests, maintaining their preferences and other settings, etc. The User will also be able to see the data they have provided to the Company. Within the dashboard, the User will be able to access 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's entry into the respective applications.
The contract with the User is signed through the client's registration and login on the Site, with their subscription according to the plan of their choice, together with confirmation of registration by the Company.
b. User responsibility for login and password
By registering, the User agrees to be solely and fully responsible for the maintenance of all their user accounts and undertakes to keep their Platform access data secret and not to pass it on to third parties. In addition, the User is also responsible for making changes to their name, telephone number, e-mail address, and other information about their 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 he/she submits is true and accurate; (b) he/she will maintain the accuracy of such information; (c) he/she is at least 18 years of age, has the capacity and authority to enter into this Agreement; and (d) the use of the Services does not violate any applicable law or regulation.
c. Use of the Blog and the "SEO Forum"
The Company Blog is a virtual page for sharing information, personal experiences or news, made up of texts such as posts and articles. Users can comment on these texts, and to do so they will need to register on a separate site. The Company is not responsible for the services provided by third-party sites, and the User should read the respective Terms and Conditions of Use and Privacy Policy.
Users will also be able to use the "SEO Forum" made available by the Company, which is the space that allows interaction between Users, through comments, such as questions and answers with the Provider. Users can participate by reading, writing and evaluating the content shared. To actively use the Forum, Users must register on the Site itself. By registering, the User agrees to be bound by these Terms and Conditions of Use.
For the use of the Blog and Forum, the Company will not carry out 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, delete any content posted on the Platform if it potentially violates Brazilian law, morality and good customs or the provisions of these Terms.
The User will choose the Services plan offered by the Company according to their wishes and needs. The Company offers alternative plans, with monthly, quarterly, half-yearly and annual subscriptions, at different prices. By contracting a plan, the User agrees to use only the plan offered, and to pay for the amount provided on the Site, subject to the provisions of clause 9 on Payments of these Terms and Conditions of Use.
Unless explicitly stated otherwise, any new features that augment or enhance the Services currently offered, including the release of new Company services, shall be subject to these Terms and Conditions of Use.
The entire billing process is carried out by the Company using the "asaas.com" gateway. The Company recommends that the User separately reads the Terms and Conditions of Use and Privacy Policy of said gateway, and is not responsible for any payment failures, fraud, connection errors and failures, etc.
a. Information obtained by the Company
The Company can obtain transaction information such as, but not limited to, the amount paid, pending, 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 access to the Platform. Only after notification from the gateway will the Company release access to the User.
b. Payment method, fees and automatic subscription
Payment for the use of the Services is based on the term of the contract and the 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 rates indicated are net prices plus any tax that may be applicable. In addition, the product usage fee is due at the start of the contractual period agreed with the invoice. In the event 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 Client at the time of registration.
c. Platform blocking and default
If within 1 day of the due date of the invoice the agreed fee cannot be collected from the customer 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 the Services without prior notice.
The Company reserves the right to make additional claims for non-payment. Upon payment of the amount due, the Company shall unblock the platform within 1 working day.
If the User specifies a credit card as the means of payment, he/she 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.
d. Refund policy
In accordance with Brazilian consumer legislation, the User has the right to withdraw from the contract within 7 days of signing it. The Company will try to process and complete refund requests within 3 working days of receiving 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 via the chat in the footer of the site.
The refund process may involve a callback to 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, at the Company's sole discretion, be considered in bad faith, and the Company reserves the right to withhold Service to any offending User and refuse any refund otherwise available to such User.
e. Compensation and right of retention
The User may only offset claims against payment claims of the Company if they are expressly recognized by the Company, incontestable or legally binding. Furthermore, the User may only assert the right to refuse performance or the 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 the event 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 use 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 it is not canceled within the notice period specified in the clause, unless otherwise provided by the User.
Services can be canceled at any time with at least 1 working day's notice before the end of the respective contract period. The contract can be canceled online on the Platform, or by e-mail to contato@webpeak.com.br.
The right to cancel without notice for good 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 invoices in arrears)
Notwithstanding anything stated or implied to the contrary in this Agreement, the Company may, at any time, without derogating from any other rights under this Agreement, applicable law or otherwise, suspend or terminate any or all of the 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 a group of Users. Notwithstanding the foregoing, only with respect to Users of paid Services, whenever reasonably possible, Users may download all the reports they want while access is granted, once suspended, the User will have to pay to obtain the reports again.
The User acknowledges and agrees that all right, title and interest in, to and under 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), whether 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 (SDS, API, etc.) and related documentation (forming the Website and Services) and any work products created and/or delivered hereunder and any related documentation (forming the Website and Services).), any code or software (SDK, API, etc.) that may be provided to the User or for the User's use under this Agreement and any work products created and/or delivered hereunder and related documentation (forming the Company's Site and Services) are and shall remain solely and exclusively the property and/or property of the Company, as well as its licensors or affiliates.
The User has no title or ownership rights in the Site or Services of the Company. 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 giving 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 supply of the product. 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's Platform cannot be technically guaranteed.
If and to the extent that a third party makes claims against the Company based on unlawful actions of the customer, the User shall hold the Company harmless from all claims, including reasonable legal defense costs, on the first request. Further claims for damages by the Company remain unaffected thereby.
The Company is not responsible for those who access or use the Services or the Site from jurisdictions that prohibit such use, do so of their own free will 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 debt, and expenses (including but not limited to attorneys' fees) arising out of: (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 third party right, including without limitation any copyright, property or privacy right.
The Company does not warrant or assume responsibility for any product or service advertised or offered by a third party through the Site or any site hyperlinked to or featured in any banner or other advertising, and will not be of any part or in any way be responsible for monitoring any transaction between the User and third party suppliers of products or services.
In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which the user can regularly rely (cardinal contractual obligations) due to slight negligence on the part of the Company and its legal representatives or vicarious agents, the amount of liability is limited to the damage foreseeable at the time of acceptance of these Terms, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
Finally, it is reiterated that the Company is not responsible for any messages, photos or videos sent via internal or external communication channels to the Site and Platform, which are the sole and exclusive responsibility of the User. The Company employs all necessary means to protect the personal information of its Users, and its policy is to remove any and all information not necessary for the provision of 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 constitute the entire agreement governing the use of the Company Site and supersede any prior agreements, if any, relating to any subject matter addressed in this Agreement.
These Terms and Conditions of Use shall be governed by, construed and enforced in accordance with the laws of the Federative Republic of Brazil, regardless of the conflicts of such laws with the laws of other states or countries, and the Court of Osasco, Brazil, shall have jurisdiction to settle any disputes arising herefrom. The User expressly consents to the jurisdiction of this court and hereby waives the jurisdiction of any other court, 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
Brazilian technology for the whole world.
Everythingyou need to achieve results on the Internet.
.svg)
.svg)
.svg)
.png)
