Terms of Use
Welcome to Xamã! These are the Terms of Use (“Terms”) that govern access to and use within Brazil of the services provided through our technological application platform (“Application” or “APP”), websites, and related content (“Service(s)”), made available by Xamã to all persons who use the Services as customers, also simply referred to as “User(s).”
IT IS IMPORTANT THAT YOU READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING OUR SERVICES
KNOW THAT BY REGISTERING, HIRING, AND USING THE SERVICES, THE USER DECLARES HAVING READ, UNDERSTOOD, AND ACCEPTED THESE TERMS. IN CASE OF DISAGREEMENT WITH THE TERMS, AT ANY TIME, THE USER MUST IMMEDIATELY CEASE USE OF THE APPLICATION, BOTH ACCESSING VIA WEB AND USING THROUGH THE MOBILE DEVICE, AS WELL AS PROCEED WITH UNINSTALLING IT FROM THEIR DEVICE.
IF YOU DO NOT AGREE WITH THE TERMS, BEFORE ANY ACTION ON THE APP OR PLATFORM, EVEN REGISTRATION, CONSIDER NOT ACCESSING OR USING THE SERVICES PROVIDED HERE.
These Terms may be amended at any time. In case of any significant changes, you will be notified through the platform, Application, or one of our communication channels. In case of disagreement with the changes to the Terms, you may cancel your contract and thus your access, and your continued use of the platform, Application, or its services will imply acceptance of the incorporated changes.
Additional Terms may also be developed for specific services that come to be developed and provided on our platform. These Additional Terms may arise to establish conditions aimed at particular promotions, events, specific regulations for new products, etc., and will always be disclosed to Users regarding their respective services.
It is worth noting that the Additional Terms will complement these Terms, and the provisions established in the Additional Terms will prevail in case of conflict with these Terms in what is specific.
1. INITIAL CONSIDERATIONS
The Xamã application was designed and conceived for new entrepreneurs and content producers who want to solve their digital marketing issues for social media simply, quickly, and clearly.
Here you will have automated graphics and captions for your business with one click.
You choose your business category, your color palette and fonts, send your logo, and done: receive automatic posts, approve them, and let us post!
2. ELIGIBILITY
If you are accessing or using our Services on behalf of another person and/or company, you declare that you are authorized to accept these Terms on behalf of them and that the person and/or company agrees to be solely responsible for our Terms in case of any violation.
3. HOW TO BECOME A CUSTOMER/USER
You will need to register an account to access our Services. If you register an account, you must provide the requested information in the registration form and always keep it up to date. You must also maintain the security of your account, not share your account credentials, and notify us immediately if you discover or suspect any unauthorized or improper access to your account. Your user profile is unique and non-transferable.
When you register, you may receive a confirmation email of your data. If you do not confirm your data, the User's access to the Service may be blocked at Xamã's sole discretion.
By creating an account at Xamã, you authorize receiving our administrative notifications in the Application and website (“push”), via email, SMS, publication on the website itself, or through any other available means of communication that contain content of an informational, promotional, registration nature, matters regarding payments, notices about your account, mailing marketing for the promotion of products and services, password changes, and other operational information related to your relationship with us.
You agree that any notices, agreements, disclosures, or other communications we send to you electronically or otherwise will meet any legal communication requirements.
The User declares to be at least 18 (eighteen) years old to create and maintain an account and use our services. If you are under 18 (eighteen) years old, the User declares to have obtained authorization from their parents, guardians, or legal representatives, who are responsible for accepting these Terms on their behalf, monitoring, and evaluating your proper use of the Application and the Xamã Services. The responsible party for the minor will be exclusively liable for the truthfulness of the information declared and registered on our platforms, committing to keep it always correct, updated, and valid.
4. PLANS
4.1. Options for Plans: Xamã offers two options for plans, in Standard or Premium options:
• Standard offers 16 monthly Feed publications (graphics + captions), HD image bank, customization of your brand's visual identity, content strategy model, in addition to 8 (eight) editable publications through our Creation Lab.
• Premium offers 24 (twenty-four) monthly Feed publications (graphics + captions), HD image bank, customization of your brand's visual identity, content strategy model, limited editable publications, and access to a portal of courses recommended by the Xamã Application to boost your success on the internet.
4.2. Change of plan: The request to change the subscription may be made at any time through the “Plans” Tab in the internal area of the system. However, it will be necessary to wait for the current subscription to expire before making the migration to the new contracted subscription.
4.3. Services offered by the Plan: It should be noted that Xamã may change the services offered by the offered Plans at any time, with prior notification to the User so that, if they do not agree with the new adjustments and updates, they may cancel the contracted subscription without payments arising from that cancellation. If the User does not cancel, their acceptance will be considered implicit, and the services offered by the contracted Plan will continue to be charged.
4.4. Change in Plan values: In the event of an update to the offered Plan values by Xamã, the user will be notified of the adjustment within a period of 30 (thirty) days before the adjustment becomes effective. If the User does not agree with the adjusted value, they should request the cancellation of the Services through our customer support. Otherwise, their acceptance will be deemed implicit, and the Services will continue to be charged in accordance with the new adjusted Plan values.
5. PAYMENT OR CANCELLATION OF SERVICES
5.1. Payment: When you hire our Plans, you agree to a monthly subscription contract with Xamã. Through this hiring, you acknowledge and agree that (i) our third-party payment processor BOLETOBANCARIO.COM TECNOLOGIA DE PAGAMENTOS LTDA. (JUNO) is authorized to process the monthly charge related to the contracted plan while a cancellation is not requested; (ii) the plan subscription is recurring until canceled, and must be preceded by a cancellation request through the service channel at contato@xama.ai; (iii) in case of refusal of payment by the issuing bank of the credit card, we will send an email informing the time frame of up to 5 (five) business days to regularize such situation; (iv) if the situation is not regularized within the established time frame, there will be a suspension and cancellation of access to our Services according to these Terms; (v) until there is a cancellation of the services, in the manner defined in these Terms, the plans will be automatically renewed month by month and the payment for the contracted plan will be charged to your credit card.
5.2. User Requested Cancellation: The subscription to the plans may be canceled at any time through the application itself, within a period of up to 07 (seven) days from the date the payment is processed on the card for the services. User inactivity does not constitute automatic cancellation; therefore, it is necessary for the User to cancel their account explicitly; otherwise, you will continue to be charged for the subscription to the currently contracted plans.
5.3. Subscription cancellation: To cancel the subscription of the chosen plan, access the platform and follow the cancellation instructions specified in the “Plans” Tab of the internal System area. After the cancellation request, the User will continue to have access to the Service until the end of the contracted 30 (thirty) day period. After this period, the contracted subscription will be terminated. Payments made at the time of subscription are non-refundable in case of cancellation, as Xamã does not offer refunds or credits for periods of the subscription used partially or for Services or unexplored content.
5.4. Absence of payment: After 5 (five) days of non-payment occurrence, Xamã may cancel access to the contracted Services. In case of subscription cancellation and subsequent joining, the user will no longer have access to the history of previously generated posts.
5.4. Inactivity of the registration: Inactivity does not constitute automatic cancellation; therefore, it is necessary for the User to cancel their account explicitly; otherwise, you will continue to be charged for the subscription to the currently contracted plans.
5.5. Registration cancellation: Registration is automatically canceled after subscription cancellation, but if the user is in default for any reason, it will remain active. In case of any violation of the Terms, Xamã may cancel the User's registration and suspend their activities without prior communication, however, any default, if any, will still remain in effect.
6. RESTRICTIONS ON USE
• You must be at least 18 (eighteen) years old to use the Services. If you are underage, you declare you have authorization and supervision from your legal guardian(s);
• You must validate your email to use our Services.
• You may not post or use logos with violent characteristics, nudity (total or partial), discriminatory, illegal, infringing, hateful, pornographic, or sexually suggestive content to create posts through our Services.
• You also declare that all information you provide or may provide during registration will be true, accurate, current, and complete and agree to update your information as necessary to maintain its truthfulness and accuracy.
• You agree not to request, collect, or use the login credentials of any other User.
• You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities in the creation of posts, nor should you create posts containing private or confidential information of yourself or third parties through the Service, including, without limitation, your personal or third-party data that is not public.
• You may not use the Service for any illegal or unauthorized purpose.
• You agree to comply with all applicable laws, rules, and regulations (e.g., federal, state, and municipal) regarding your use of the Service and its content.
• You agree that Xamã is not responsible for your misconduct in using our platform and services.
6.10. Xamã reserves the right, but has no obligation, to monitor or become involved in disputes between you and third parties related to your use of our services.
6.11. You must not alter, modify, adapt, or change the Service or alter, modify, or change any other website to falsely suggest that it is associated with our services.
6.12. You must not interfere with or disrupt the service or servers or networks connected to the service, including transmitting worms, viruses, spyware, malware, or any other destructive or disruptive code.
6.13. You may not insert content or otherwise alter or interfere with how any page of Xamã is rendered or displayed in a User's browser or device.
7. USER DATA AND PRIVACY
The user understands and agrees that the use of our platforms (Application and website) involves the processing of their personal data, including the potential sharing of this data with third parties for storage, processing, and use by Xamã, aimed at the purposes of providing the Services.
For more information about the processing of Personal Data, we suggest consulting our Privacy Policy.
8. ACCESS TO NETWORK AND EQUIPMENT
To use our Services, it is necessary to hire mobile phone and internet device services (telecommunications services). Such services will be charged by the telecommunications service providers. The User understands and agrees with this necessity and is solely responsible for acquiring, hiring, and bearing all and any costs associated with obtaining these services. The availability, quality, and maintenance of telecommunications services may compromise and affect the User's experience in our services, and Xamã is not responsible for any service-related issues arising directly or indirectly from inconsistencies or failures in mobile phone devices and/or telecommunications services.
9. ABSENCE OF WARRANTY
The User agrees and acknowledges that:
(i) Xamã does not provide any guarantees other than those described and defined in these Terms;
(ii) Xamã does not guarantee that the Service will meet all User needs;
(iii) Xamã does not guarantee that the service will be provided uninterruptedly and timely, and the platform may temporarily be under maintenance or, for any other reason, be temporarily unavailable;
(iv) Xamã does not guarantee that the content of the material made available for the Services will meet all User expectations; and
(iv) improvements, innovations, changes in content, and enhancements to the platform may occur periodically.
10. LIMITATION OF LIABILITY Any information from the User's account will be the responsibility of the person who registered it. In case they cause damages or losses of any kind, appropriate measures may be taken by Xamã as a way to protect its interests and the integrity of other users of the Application.
It will be the User's responsibility to indicate any information necessary for the correct and legal publication of the posts created through the Xamã platform. Thus, the User must indicate/inform in the captions of their social media posts that the images contained therein are merely illustrative when they do not accurately reflect the reality of the published product. Xamã has no responsibility if the User uses its image bank services to make posts contrary to applicable legislation on their social networks.
11. LICENSE
From the moment that the User registers and hires our services, Xamã, through any device compatible with its technology, grants the User a non-transferable, non-exclusive, limited, personal, and revocable license for accessing and using our Services.
12. INTELLECTUAL PROPERTY
The logo, slogans, trademarks, domain name, visual identity, image set, trade name, and advertising expressions used to signal Xamã, as well as the software that enables the services provided by the platform and application, are the exclusive property of Xamã, which holds all registrations, licenses, and rights related to these assets.
In case of any violation of Xamã's intellectual property rights, the User is aware that they may be liable for acts of infringement under the law, with the application of the appropriate sanctions in civil and criminal areas with compensation for losses and damages.
The materials produced by the platform, such as posts and texts, are the exclusive property of Xamã, which holds all copyrights and licenses over them, as applicable.
Furthermore, by using the platform, the User grants us by this Term a non-exclusive, royalty-free, transferable, sublicensable license to use, modify, and perform the content developed from the Services contracted on the platform.
13. COMMUNICATION WITH THE USER: SUPPORT, COMPLAINTS, AND FEEDBACK
For obtaining support regarding the platform, as well as for making complaints or providing feedback, the user should contact contato@xama.ai.
14. FINAL PROVISIONS
These terms constitute the entire agreement between the User and Xamã and will govern the use of the services by the User, replacing any previous agreements or communications.
14.1. Applicable Legislation: These Terms and the relationship between the User and Xamã will be governed by the laws of the Federal Republic of Brazil and any international treaties to which Brazil is a signatory.
14.2. Waiver of Rights: If Xamã fails to exercise or enforce any right or provision of these Terms, this will not be characterized as a waiver of such right or provision and will not constitute a novation.
14.3. Assignment of Rights: The assignment and transfer of these Terms, in whole or in part, by the User is not permitted without prior written approval from Xamã. The User grants their approval for Xamã to transfer or assign these Terms, in whole or in part.
14.4. Independence of the Parties: There is no employment relationship between the User and Xamã, nor any formation of joint venture, partnership, or agency relationship as a result of the Services contracted and provided.
14.5. Severability: If any provision of these Terms is deemed illegal, invalid, or unenforceable in whole or in part, by any legislation, that provision or part thereof will, to that extent, be considered non-existent for the purposes of these Terms, but the legality, validity, and enforceability of the remaining provisions contained in these Terms will not be affected. In this case, the parties will replace the illegal, invalid, or unenforceable provision, or part thereof, with another that is legal, valid, and enforceable and that, to the maximum extent possible, has a similar effect to the provision deemed illegal, invalid, or unenforceable for purposes of content and purpose of these Terms. In these Terms, the words “including” and “includes” mean “including, without limitation.”
14.6. Applicable Jurisdiction: The court of the Capital District of the State of Rio de Janeiro is elected as the only competent forum to resolve any disputes and/or claims that involve the parties regarding the use and access of their website and/or Application. By navigating on the website and application of Xamã, hiring, and using our services, some information and personal data are credited to the company.
