Terms of Service

1. Acceptance of Terms

By accessing or using Aimi ("Service", "we", "our", or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service.

These Terms constitute a legally binding agreement between you and STANLEY YOSHINORI TAKAMATSU, a private legal entity registered under CNPJ No. 26.740.590/0001-82, with headquarters in the city of São Paulo, state of São Paulo, Brazil.

We may update these Terms at any time, and your continued use of the Service after such updates constitutes acceptance of the revised Terms.

2. Description of Service

Aimi is a product of STANLEY YOSHINORI TAKAMATSU - an AI-powered WhatsApp scheduling assistant that enables businesses to automate appointment booking through the WhatsApp Business API provided by Meta Platforms, Inc. ("Meta").

Our Service includes:

• AI-powered conversational booking interface through WhatsApp
• Calendar integration and synchronization
• Dashboard for managing appointments, services, and business settings
• Analytics and reporting features

3. WhatsApp Business API Compliance

As a user of our Service, you acknowledge and agree that:

3.1. Meta's Terms Apply

Your use of WhatsApp features is subject to Meta's Meta Terms for WhatsApp Business and Commerce Policy. By using our Service, you agree to comply with all applicable Meta policies.

3.2. Permitted Use

• You will only send messages to users who have explicitly consented to receive messages from you
• You will obtain opt-in consent before initiating conversations (except for customer service responses within 24 hours)
• You will provide clear opt-out instructions and honor opt-out requests promptly
• You will use WhatsApp Business API for legitimate business purposes only, in accordance with Meta's Allowed Use Cases

3.3. Prohibited Content and Behavior

You MUST NOT use our Service to:

• Send spam, unsolicited messages, or promotional content without proper consent
• Transmit content that is illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable
• Violate any laws, regulations, or third-party rights
• Engage in fraudulent, deceptive, or misleading practices
• Send messages that contain malware, viruses, or harmful code
• Impersonate any person or entity or misrepresent your affiliation
• Sell, promote, or facilitate the sale of regulated goods (illegal drugs, weapons, counterfeit goods, etc.)
• Engage in multi-level marketing, pyramid schemes, or deceptive financial practices

3.4. Message Quality and Rate Limits

Meta monitors message quality and applies rate limits. You agree to:

• Maintain high message quality ratings (minimize blocks and reports)
• Comply with messaging frequency limits
• Use message templates appropriately for outbound marketing messages
• Respond to user inquiries promptly to maintain conversation status

Important: Violation of Meta's policies may result in suspension or termination of your WhatsApp Business API access by Meta, which will affect your ability to use our Service.

4. Account Registration and Security

4.1. Account Creation

To use our Service, you must:

• Be at least 18 years old, or the age of majority in your jurisdiction
• Provide accurate, current, and complete information during registration
• Maintain and update your account information to keep it accurate
• Accept these Terms and our Privacy Policy

4.2. Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Promptly notifying us of any unauthorized use of your account

We are not liable for any loss or damage arising from your failure to protect your account information.

4.3. Account Suspension or Termination

We reserve the right to suspend or terminate your account if:

• You violate these Terms or our Privacy Policy
• You violate Meta's WhatsApp Business API policies
• You engage in fraudulent or illegal activities
• Your payment for services is overdue

5. User Responsibilities

As a user of our Service, you agree to:

• Comply with Laws: Use the Service in compliance with all applicable laws and regulations
• Obtain Consent: Obtain proper consent from your customers before sending them WhatsApp messages
• Honor Opt-Outs: Promptly process opt-out requests and stop messaging users who have opted out
• Maintain Data Accuracy: Ensure customer contact information is accurate and up-to-date
• Respect Privacy: Protect your customers' personal information in accordance with our Privacy Policy and applicable privacy laws, including LGPD
• Provide Support: Respond to customer inquiries and support requests in a timely manner

6. Payment Terms

6.1. Fees and Billing

Our Service is offered on a subscription basis with the following terms:

• Subscription fees are charged monthly or annually, as selected
• Fees are non-refundable. After cancellation, the service will remain active until the next billing cycle
• We may change our pricing with 30 days' notice to existing subscribers
• Additional charges may apply for message volume beyond plan limits

6.2. Free Trial

We offer a 14-day free trial period for new users. The trial includes:

• Full access to Service features for the 14-day trial period
• Payment information is required to start the trial, but you will not be charged until the trial period ends
• You may cancel at any time during the trial period without being charged
• If you do not cancel before the trial ends, your subscription will automatically begin and you will be charged the applicable subscription fee

6.3. Right of Withdrawal (Cooling-off Period)

In accordance with Brazilian Consumer Protection Law (Article 49 of Consumer Defense Code - Law No. 8.078/1990), you have the right to cancel the Service contract and request a full refund of the amount paid within 7 calendar days from the date of contract execution or subscription.

To exercise this right, you must send a formal request via email to the contact address indicated in the "Contact Information" section of these Terms, expressly stating your intention to withdraw from the contract.

The full refund will be processed within 10 calendar days from the date we receive your cancellation request, using the same payment method used for the purchase, as provided in Article 35 of Decree No. 7.962/2013.

6.4. Cancellation and Refunds

After the 7-day withdrawal period provided by Article 49 of the Consumer Defense Code, you may cancel your subscription at any time:

• Cancellation takes effect at the end of the current billing period
• You retain access to paid features through the end of the billing period
• Partial refunds are not provided for unused portions of a billing period, except when required by law

7. Data and Intellectual Property

7.1. Your Data

You retain ownership of all data you provide to our Service, including:

• Business information, services, and pricing
• Customer contact information
• Appointment and scheduling data

You grant us a limited license to process and store your data solely to provide the Service. See our Privacy Policy for details.

7.2. Our Intellectual Property

Aimi and its original content, features, and functionality are owned by Stanley Agile Developer and are protected by Brazilian and international copyright, trademark, and other intellectual property laws. Aimi is a registered product of Stanley Agile Developer. You may not:

• Copy, modify, or create derivative works based on the Service
• Reverse engineer or attempt to extract source code
• Use our trademarks, logos, or brand elements without permission

7.3. Third-Party Services

Our Service integrates with third-party platforms including:

• WhatsApp Business API by Meta - Subject to Meta's terms
• Google Calendar - Subject to Google's terms
• Payment processors - Subject to their respective terms

Your use of these integrations is also governed by the third-party's terms of service.

8. Service Availability and Modifications

We strive to provide reliable service, but please note:

• The Service is provided "AS IS" without warranties of any kind
• We do not guarantee uninterrupted or error-free operation
• We may modify, suspend, or discontinue features with notice
• WhatsApp Business API availability is subject to Meta's infrastructure
• We may schedule maintenance windows with reasonable notice

We are not liable for service interruptions caused by:

• Meta's WhatsApp Business API outages or restrictions
• Third-party service failures
• Force majeure events beyond our control

9. Disclaimers and Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED
• WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WE DO NOT GUARANTEE THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
• WE ARE NOT RESPONSIBLE FOR THE CONDUCT OF YOUR CUSTOMERS OR THE CONTENT OF MESSAGES EXCHANGED THROUGH THE SERVICE
• AI RESPONSES MAY NOT ALWAYS BE ACCURATE; YOU SHOULD REVIEW IMPORTANT COMMUNICATIONS

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW AND WITHOUT PREJUDICE TO MANDATORY LEGAL OBLIGATIONS:

• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM
• WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• WE ARE NOT LIABLE FOR LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
• WE ARE NOT LIABLE FOR ACTIONS TAKEN BY META, INCLUDING SUSPENSION OF YOUR WHATSAPP BUSINESS API ACCESS

This limitation of liability does not apply to personal injury, intellectual property rights violations, or other obligations that by their nature cannot be limited under law, including but not limited to provisions of the Consumer Defense Code and the Brazilian General Data Protection Law (LGPD).

11. Indemnification

You agree to indemnify, defend, and hold harmless STANLEY YOSHINORI TAKAMATSU, its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms or our Privacy Policy
• Your violation of any third-party rights, including Meta's policies
• Your violation of any applicable law or regulation
• Content or data you provide or transmit through the Service

12. Privacy and Data Protection

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your information. By using our Service, you agree to the collection and use of information as described in the Privacy Policy.

In compliance with the Brazilian General Data Protection Law (LGPD - Law No. 13.709/2018), we commit to:

• Ensuring transparency in personal data processing
• Ensuring purpose, adequacy, and necessity of data processing
• Implementing technical and administrative security measures to protect personal data against unauthorized access, destruction, loss, alteration, communication, or dissemination
• Respecting data subjects' rights, including access, correction, deletion, opposition, and data portability

Our Privacy Policy also explains our compliance with:

• Brazilian General Data Protection Law (LGPD - Law No. 13.709/2018)
• Meta's WhatsApp Business API privacy requirements
• General Data Protection Regulation (GDPR) for data subjects in the European Union

13. Governing Law and Jurisdiction

13.1. Governing Law

These Terms are governed by and construed in accordance with the laws of the Federative Republic of Brazil, without regard to conflict of law principles.

13.2. Exclusive Jurisdiction

To resolve any doubts or controversies arising from these Terms, the parties elect the forum of the judiciary of São Paulo, state of São Paulo, Brazil, with express waiver of any other forum, however privileged it may be.

This election of forum applies to all actions, claims, or judicial or extrajudicial proceedings related to these Terms, regardless of the user's place of residence or domicile.

14. General Provisions

14.1. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and STANLEY YOSHINORI TAKAMATSU regarding the Service.

14.2. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

14.3. Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of such provision.

14.4. Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms to any affiliate or in connection with a merger, acquisition, or sale of assets.

14.5. Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control, including acts of God, war, or government actions.

15. Changes to These Terms

We may update these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on this page with an updated effective date
• Sending you an email notification for significant changes
• Displaying a prominent notice in your dashboard

Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

16. Contact Information

If you have questions about these Terms, please contact us:

Additional Resources

• WhatsApp Business API Documentation
• WhatsApp Commerce Policy