Service Agreement and Terms of Use
1. The Parties
PROVIDER: E-BOARD INOVA SIMPLES (I.S.), a company organized under the laws of the Federative Republic of Brazil, registered with the Brazilian taxpayer registry (CNPJ) under No. 58.113.569/0001-43, headquartered in São Paulo - SP, Brazil, hereinafter referred to as the "PROVIDER" or "eBoard Mídia".
CUSTOMER: the individual or legal entity that subscribes to the eBoard Mídia service and electronically accepts these terms upon subscription, hereinafter referred to as the "CUSTOMER".
eBoard Mídia is a service/offering operated by the PROVIDER. The parties identified above enter into this Agreement for the Provision of AI-assisted Content Marketing Services, governed by the clauses and conditions below. The CUSTOMER acknowledges that the PROVIDER is a company based in Brazil and that this Agreement is governed by Brazilian law (Clause 14), regardless of the CUSTOMER's country of residence or place of use of the service.
2. Subject Matter
2.1. The subject matter of this Agreement is the provision, by the PROVIDER, of digital marketing content creation, management and publishing services with the support of Artificial Intelligence, through the eBoard Mídia platform (eboard.com.br), according to the subscribed plan.
2.2. The services include, depending on the plan: content creation (posts, carousels, articles, reels and other formats), a content-approval portal for the CUSTOMER, scheduling and publishing on the contracted channels, and periodic reports.
2.3. The operation is fully digital, with no need for in-person or video meetings, unless offered at the PROVIDER's discretion.
3. Subscribed Plan
3.1. The plan, scope (amount of content per month, channels and formats), price and billing period are those selected by the CUSTOMER upon subscription and described on the eBoard Mídia pricing page and on the subscription receipt.
3.4. The content scope represents a monthly production capacity; items not used in a given month do not roll over to subsequent months, unless expressly stated otherwise.
4. Price, Payment and Adjustment
4.1. The CUSTOMER shall pay the monthly or annual fee of the subscribed plan, on a recurring basis, through the integrated payment processor (Stripe), in the currency, modality and billing period chosen upon subscription. International plans are billed in U.S. Dollars (USD) by the PROVIDER (a Brazilian entity) through Stripe; any taxes, currency-conversion fees or charges levied by the CUSTOMER's bank or card issuer are the CUSTOMER's responsibility.
4.2. Billing renews automatically each cycle (monthly or annual) while the subscription is active, with no further notice, until cancellation under Clause 5.
4.3. Prices may be adjusted annually, upon prior notice to the CUSTOMER, subject to applicable law. Promotional ("founder"/"pioneer") prices, when granted, follow the specific conditions disclosed at subscription.
4.4. Default: non-payment of any charge entitles the PROVIDER to suspend access to the platform and to halt content production and publishing, without prejudice to the collection of amounts due.
5. Term, Cancellation and Refund Policy
5.1. Term: the Agreement takes effect upon confirmation of the subscription and remains in force for an indefinite term, renewing automatically each billing cycle, unless cancelled. There is no minimum commitment period or early-termination penalty.
5.2. Cancellation: the CUSTOMER may cancel the subscription at any time, through the support channels or the portal. Cancellation stops future charges (for cycles following the period already paid).
5.3. No refund of the current period: there will be NO refund, in whole or in part, of any amount already paid for the current cycle (month or year). Upon cancellation, the CUSTOMER retains access to the service until the end of the period already paid, and only charges for future months/cycles are cancelled. Under no circumstances will amounts already effectively paid be returned.
5.4. The PROVIDER may terminate the Agreement if the CUSTOMER breaches these terms, in particular Clauses 6 (Content) and 4 (Payment), regardless of notice, with no right to a refund.
6. Content and Lawful Use (Customer's Responsibility)
6.1. The CUSTOMER is solely responsible for the information, materials, trademarks, data and guidelines it provides, as well as for approving (or requesting) the publication of each piece of content. The CUSTOMER's approval of content in the portal constitutes express authorization for its publication.
6.2. Prohibited content: the CUSTOMER may not provide, request or approve content that infringes applicable law or third-party rights, including, without limitation:
(a) advocacy, incitement or instructions for crime or violence; (b) hate speech, racism, discrimination or intolerance of any kind; (c) explicit sexual content, pornography or exploitation of minors; (d) defamation, slander, libel or violation of the honor, image or privacy of third parties; (e) infringement of copyright, trademarks, patents or other intellectual property rights; (f) deliberate misinformation, fraud, scams or deceptive schemes; (g) promotion of illegal products, services or activities; (h) violation of applicable sector-specific rules (for example, health claims, medicines, guaranteed results, or financial or advertising claims prohibited by the competent regulators).
6.3. The PROVIDER may, at its discretion and without notice, refuse, suspend or remove content it deems unlawful, abusive, deceptive or in breach of these terms, of the law, or of the publishing platforms' policies (Meta/Instagram/Facebook, LinkedIn, TikTok, X, Google and others).
6.4. The CUSTOMER shall hold the PROVIDER harmless and indemnify it against any claims, losses, damages, fines or demands from third parties or authorities arising from content provided or approved by the CUSTOMER in breach of this clause.
7. Obligations of the Provider
7.1. To provide the services with diligence and technical quality, according to the subscribed plan.
7.2. To make the approval portal and the contracted reports available.
7.3. To use reasonable efforts to start the operation within approximately 48 (forty-eight) hours after the CUSTOMER's first approval of material, save for factors beyond its control.
7.4. To process the CUSTOMER's data in accordance with Clause 9 and applicable data-protection law.
8. Obligations of the Customer
8.1. To provide truthful information and the necessary access (accounts and social networks) for the provision of the service, taking responsibility for their ownership and regularity.
8.2. To approve or request adjustments to content in a timely manner, aware that the absence of approval may impact the schedule.
8.3. To keep payments up to date and to observe Clauses 6 and 4.
9. Data Protection
9.1. The parties undertake to observe the Brazilian General Data Protection Law (LGPD, Federal Law No. 13.709/2018) and any other data-protection law mandatorily applicable to the CUSTOMER. The PROVIDER will process the personal data it accesses exclusively for the performance of this Agreement, adopting technical and organizational security measures.
9.2. Upon termination of the Agreement, the CUSTOMER's data may be deleted, except for retention required by law or legitimate interest (e.g., tax and audit records).
10. Confidentiality
10.1. Each party undertakes to keep confidential all confidential information it accesses by virtue of this Agreement (strategies, business data, credentials, metrics, materials and any non-public information), not disclosing it to third parties without the prior written consent of the other party, except as required by law or competent authority.
10.2. The confidentiality obligation survives for a period of 5 (five) years after the end of the Agreement.
11. Intellectual Property
11.1. The software, platform, workflows, models and know-how of eBoard Mídia are the exclusive property of the PROVIDER; the CUSTOMER is granted only a temporary, personal and non-transferable license of use during the term of the Agreement.
11.2. The final content produced and effectively published for the CUSTOMER, once the respective cycle is paid, may be used by the CUSTOMER to promote its own brand. The trademarks and materials provided by the CUSTOMER remain its property.
12. Limitation of Liability and No Guarantee of Results
12.1. The services are an obligation of means, not of result. The PROVIDER does not guarantee specific results in reach, engagement, sales, leads or ranking, as these depend on external factors (platform algorithms, market, the CUSTOMER's own actions).
12.2. The PROVIDER's liability, in any event, is limited to the amount of the fees effectively paid by the CUSTOMER in the 3 (three) months preceding the event giving rise to the liability.
12.3. The PROVIDER is not liable for unavailability, suspensions or penalties applied by third-party platforms, nor for acts of God or force majeure.
13. General Provisions
13.1. The PROVIDER may update these terms upon prior notice; continued use after the changes take effect implies agreement.
13.2. Tolerance of any breach of any clause does not imply novation or waiver.
13.3. The CUSTOMER may not assign this Agreement without the PROVIDER's consent; the PROVIDER may assign it to a company within the same economic group.
13.4. If any clause is held invalid, the remaining clauses remain in full force.
14. Governing Law and Jurisdiction
14.1. This Agreement is governed by and construed in accordance with the laws of the Federative Republic of Brazil. The courts of the judicial district of São Paulo - SP, Brazil, are elected to settle any disputes arising from this Agreement, with waiver of any other, however privileged, without prejudice to any mandatory consumer-protection rules of the CUSTOMER's domicile that cannot be waived by contract.
15. Electronic Acceptance
15.1. Subscribing to the eBoard Mídia service and checking the agreement box upon subscription (checkout) represent the free, express and informed acceptance of these terms, with the same validity as a handwritten signature under Brazilian law (article 10, §2, of Provisional Measure No. 2.200-2/2001).
Questions: econtato@eboard.com.br.