Terms of Service
SERVICE PLATFORM SUBSCRIPTION AGREEMENT – TERMS OF SERVICE
CLIENT: any person who acquires the services offered on the The Crawler platform, qualified according to the data provided upon registration in the "Members Area" of the domain www.thecrawler.ai, essential for access and enjoyment of the object of the agreement;
CONTRACTED PARTY: THE CRAWLER TECH LTDA., trade name THE CRAWLER, a private legal entity registered under CNPJ No. 61.987.801/0001-87, headquartered at Avenida Prefeito Osmar Cunha, No. 416, Room 1108, Centro district, municipality of Florianópolis/SC, Brazil, ZIP Code 88015-100, email address: contact@thecrawler.ai, hereby enter into this private agreement, agreeing upon the clauses and conditions set forth below:
This contract fully regulates the obligations and responsibilities to be established by the CONTRACTED PARTY and the CLIENT regarding the terms herein. The use of the services made available on the The Crawler platform implies the CLIENT's acceptance of the provisions herein and is governed and conditioned by this instrument, as well as by the privacy policies, whose conditions must be read carefully.
For the purposes of understanding the provisions below, an Early Adopter is considered the CLIENT who ...
1. OBJECT OF THIS INSTRUMENT
The purpose of this agreement is to provide access and use of software and a platform for company benchmarking, with additional features offered by the CONTRACTED PARTY that, when incorporated into the organization's routine, provide a consultative collection for brand positioning in the digital environment.
2. PRICE AND PAYMENT TERMS
For the contracted services, the CLIENT shall pay the CONTRACTED PARTY in the legal currency of Brazil – through available methods (credit/debit card, Pix, bank slip, or PayPal) – the amount corresponding to the contracted service plan(s), as detailed and specified on the payment page.
Payments shall be made exclusively through the digital platform.
In the case of credit card payments made from abroad, the product's exchange rate will be calculated by the financial institution.
In cases where recurring payments are required for access and enjoyment of the platform, failure to pay the contracted services shall result in a fine of 2% (two percent) and default interest of 1% (one percent) on the overdue installment, as well as other legal means of collection (extrajudicial or judicial).
3. CANCELLATION
To cancel the services, an email must be sent to contact@thecrawler.ai, requesting the cancellation at least thirty (30) days in advance.
Cancellation may be requested at any time, and the plan will remain active until the end of the paid period. Cancellation of the subscription does not suspend or cancel any invoices already issued by the system.
Non-use or partial use of the contracted services by the CLIENT does not imply automatic cancellation of the commitment between the parties and DOES NOT cancel invoices already generated, whether current or overdue.
The CONTRACTED PARTY may terminate the contract in cases of default (delay of two or more installments, consecutive or not), acts that damage the commercial image of the CONTRACTED PARTY, negligence by the CLIENT regarding their obligations, or violation of the general and fundamental principles of contractual relations.
4. OBLIGATIONS OF THE CONTRACTED PARTY
The CONTRACTED PARTY undertakes to maintain the quality and availability of the services. Any issue in using the system must be immediately reported by the CLIENT to the CONTRACTED PARTY through the service channels published on the CONTRACTED PARTY's website so that appropriate measures can be taken.
The CONTRACTED PARTY undertakes to provide access to the platform to the CLIENT.
The platform has a database where the CLIENT's registered information is stored, which pertains solely to the CLIENT. The CONTRACTED PARTY undertakes to maintain and ensure absolute confidentiality of the registration and commercial information entered into the system by the CLIENT.
For the Early Adopter, the CONTRACTED PARTY undertakes to evaluate and implement improvements to the software and platform based on feedback.
The Early Adopter is guaranteed access to updates and new features at no additional cost.
5. RESPONSIBILITIES OF THE CLIENT
It is the CLIENT's responsibility to create their registration and fill in their personal data in the "Members Area," as well as to keep their registration data duly updated.
The CLIENT undertakes to keep their subscriptions, whether recurring or one-time payments, up to date, under penalty of the procedures described in this contract.
The CLIENT is solely and exclusively responsible for acquiring, installing, and maintaining any software and hardware necessary to access the platform and use the services.
It is the CLIENT's total responsibility to keep their equipment updated and protected, free from spyware, remote access by unknown agents, or any external threats resulting from misuse of the platform or services.
The use and protection of the login and password registered in the "Members Area" are non-transferable and inalienable and are the CLIENT's responsibility, being prohibited from distributing and/or transferring them to others.
Use the product/service responsibly, always ensuring human review for outputs generated by artificial intelligence, in accordance with the terms of use established on the platform.
6. OBLIGATIONS OF THE EARLY ADOPTER
The Early Adopter undertakes to provide detailed monthly feedback on the software and platform functionalities and usability.
The Early Adopter undertakes to participate in periodic evaluation meetings regarding the service with at least one regular user of the software and platform, aiming at improving the product/service.
The Early Adopter undertakes to report as soon as possible to the CONTRACTED PARTY any bugs and usability issues with the software and platform.
The Early Adopter undertakes to participate in tests of new features and provide useful information for improving the tool when requested.
The Early Adopter undertakes to share performance and efficiency metrics relevant to the CONTRACTED PARTY for product and service improvement, provided these do not violate their data privacy.
7. LIMITATION OF LIABILITY
The parties acknowledge that the product subject to this agreement is advisory in nature, based on analyses, methodologies, and information available at the time of service execution. The recommendations, opinions, diagnostics, and reports produced are for guidance purposes only and do not constitute a guarantee of specific results or future performance.
The CONTRACTED PARTY's liability is expressly limited to the total amount effectively paid by the CLIENT for the services rendered and does not extend to any losses, indirect damages, loss of profits, loss of opportunity, consequential damages, or losses arising from the use or interpretation of the information or recommendations provided.
The CONTRACTED PARTY shall not be liable for failures, omissions, or inaccuracies resulting from incorrect, incomplete, or unprovided information by the CLIENT, nor for facts or events beyond its control, such as acts of third parties, market changes, or regulatory, technological, or political decisions.
The CONTRACTED PARTY shall not be responsible for decisions made by the CLIENT based on analyses or recommendations presented, nor for results arising from their full or partial implementation. The execution of strategic, operational, or financial actions remains the sole responsibility of the CLIENT.
8. TERM
The date of access release to the The Crawler platform determines the beginning of the term and other specificities of the contracted services, being inseparable and forming a single instrument for all legal purposes, without prejudice to other forms of adhesion provided by law and this agreement.
The end date of the contractual period is considered the due date of the contracted plan or the last day of the paid period in which cancellation of the acquired plan was requested.
9. GENERAL PROVISIONS
The CONTRACTED PARTY may update or amend these terms at any time. After the publication of the amended provisions on the website, it is agreed that the CLIENT, by continuing to use the services or platform, expressly agrees with all the clauses herein, as well as with all the conditions of the privacy policies.
The CONTRACTED PARTY undertakes to comply with the Brazilian General Data Protection Law (LGPD) – Law No. 13.709, ensuring the proper processing of users' personal data, regardless of the country of headquarters or where the data is located, to protect freedom, privacy, and the free development of natural persons, in accordance with the privacy policies available on the digital platform.
For personal data purposes, personal data means information related to the data subject, usually an identified or identifiable natural person, which may include name, address, email, age, marital status, and financial situation, obtained in any type of medium (paper, electronic, digital, sound, or image, etc.).
All content, methodology, analysis model, software, report, opinion, strategic plan, presentation, database, technical document, or any other material produced by the CONTRACTED PARTY under this agreement constitutes intellectual property of its exclusive ownership, protected by applicable law, including but not limited to the Copyright Law (Law No. 9.610/98), Software Law (Law No. 9.609/1998), and Industrial Property Law (Law No. 9.279/96).
It is emphasized that the CLIENT receives only a non-exclusive license for use, restricted to the specific purpose set forth in this agreement, and any commercialization of the product is prohibited.
It is expressly prohibited to copy, disassemble, translate, adapt, or modify the software and website, as well as any conduct that enables access to its source code. It is also prohibited to remove or alter any copyright notice, trademark, or other proprietary rights notice inserted by the CONTRACTED PARTY.
10. CHOICE OF JURISDICTION
The court of the district of Florianópolis/SC, Brazil, is elected to resolve any doubt or dispute arising from this instrument.