HexTrack — Terms of Service

Effective date: 28 July 2026

Applies to: customers who create an account, subscribe to a plan and are billed in Australia through Stripe (AUD).

These Terms of Service (the Terms) are a legally binding agreement between you and us. Please read them together with our Privacy Policy, Cookie Policy and Refund and Cancellation Policy, which are incorporated into these Terms by reference.

1. Who we are and what you are agreeing to

HexTrack is a software-as-a-service customer relationship management (CRM) platform operated by ÓRUS DIGITAL (CNPJ 38.084.946/0001-56) (HexTrack, we, us, our).

By creating an account, subscribing to a plan, clicking “I agree”, or otherwise accessing or using the platform, you confirm that you have read, understood and accept these Terms. If you enter into these Terms on behalf of a company or other organisation, you confirm that you have authority to bind that entity, and “you” refers to that entity.

You must be at least 18 years old and capable of forming a binding contract to use HexTrack. The platform is intended for use by businesses and professionals, not consumers acquiring it for personal, domestic or household use.

2. The service

Depending on your plan and the modules you enable, the platform provides:

• attribution of WhatsApp and other channel conversations back to Meta Ads, Google Ads and trackable links (including click identifiers such as gclid, fbclid and UTM parameters);
• a CRM with sales pipelines, contacts, tags, notes and conversation history;
• omnichannel messaging, including a WhatsApp Business integration;
• AI-assisted features that read conversation content and CRM records to classify pipeline stages, qualify leads, summarise, and draft replies;
• conversion events sent to Meta and Google so your advertising campaigns can optimise;
• reports and performance dashboards.

Available features vary by plan, by the modules you subscribe to and by your AI credit balance. We may add, change, or discontinue features from time to time. Where a change is material and adverse to you, we will give reasonable prior notice.

3. Your account, seats and security

You are responsible for:

• the accuracy of your registration details;
• keeping your login credentials confidential;
• all activity that occurs under your account, including activity by users you invite.

Each plan includes a number of user seats. Additional seats are charged at the rate displayed when you add them. You must notify us promptly at contato@hextrack.com.br if you suspect any unauthorised access to your account. We may suspend a compromised login to protect the data in the account.

4. Plans, prices and billing

The service is sold as a recurring subscription (monthly or annual) at the prices shown at the time you subscribe. Payments are processed by Stripe in Australian dollars (AUD). Stripe stores your card details; we do not see or store your full card number.

By subscribing, you authorise us (through Stripe) to charge your saved payment method, each billing cycle, for:

• the subscription fee for your plan;
• any add-ons you purchase (extra seats, AI credit packs, one-off services);
• applicable taxes,

until the subscription is cancelled in accordance with these Terms.

GST. Prices shown to Australian customers are inclusive of Goods and Services Tax (GST) at 10% unless stated otherwise. We will make a valid tax invoice available for each charge, in accordance with Australian tax law.

Price changes. We may change our prices. We will give you at least 30 days’ notice before a price change takes effect on your next renewal. Any launch, founder or promotional pricing remains locked only while your subscription stays continuously active and on the terms of that offer.

5. 14-day trial and free plan

New accounts receive a 14-day trial with paid features unlocked and no card required. When the trial ends without a paid subscription, your account is not locked; it moves to the free plan.

The free plan includes:

• 1 seat;
• 1 pipeline;
• 200 contacts;
• no automations;
• zero artificial-intelligence credits.

Nothing is deleted at that transition. Data above the free-plan limits remains visible in read-only mode and becomes fully usable again as soon as you upgrade. We may adjust free-plan limits in future, with notice.

6. AI features and credits

AI-assisted features read conversation content and CRM records to classify stages, summarise, qualify leads and draft replies. To do this, portions of that content are sent to our AI sub-processors (currently OpenAI and Anthropic) through their APIs. Further detail is in our Privacy Policy.

During the 14-day trial and in the public demo, no content is sent to any AI provider. This restriction is technical, not merely contractual: the path to the AI provider is unavailable for demo and trial accounts even where the interface displays a credit balance.

AI features consume credits per use. Monthly plan credits reset each billing cycle and do not roll over. Purchased credit packs retain the validity stated at purchase. When credits are exhausted, AI features pause and the rest of the CRM continues to function.

AI output is probabilistic and is not guaranteed to be accurate or complete. It does not replace human judgement, and you remain solely responsible for the commercial decisions you make on the basis of any AI output.

7. Acceptable use

When using the platform you must:

• comply with the WhatsApp Business and Meta policies, including obtaining recipient opt-in before initiating conversations and using approved message templates where required;
• comply with Google Ads policies when uploading conversion events;
• comply with the *Spam Act 2003* (Cth), the *Do Not Call Register Act 2006* (Cth) and all other applicable laws when sending electronic messages or making calls;
• not send spam, unsolicited, misleading, deceptive or harassing messages;
• not use the platform for any unlawful, fraudulent, discriminatory or defamatory purpose, or in breach of any third party’s rights;
• not attempt to circumvent plan limits or the anti-abuse controls on AI credits;
• not upload malicious code or attempt to gain unauthorised access to the platform or its infrastructure.

You are responsible for having a lawful basis and any required consents for the personal information you load into or generate on the platform, including for AI-assisted processing and for sending conversion data to Meta and Google.

If Meta, Google or any other third-party platform restricts your account or your phone number, that is their decision. We can help you diagnose it, but we cannot reverse it.

We may suspend or restrict access where we reasonably believe there has been a breach of this section, giving notice where practicable.

8. Your data and content

As between you and us, the conversations, contacts, leads and CRM records you enter or generate (Your Content) remain yours. You grant us a non-exclusive, worldwide licence to host, copy, process and transmit Your Content only to the extent necessary to provide and support the service, as described in the Privacy Policy.

We may use aggregated and de-identified data (which does not identify you or any individual) for statistics, security and product improvement.

You can export your data from within the platform or by contacting support. Please export before you cancel: after closure the account enters a grace window, after which the data is deleted (see the Privacy Policy for retention periods).

9. Availability and support

The platform is provided on an “as is” and “as available” basis. We use commercially reasonable efforts to keep it running, but, except to the extent required by law (including the consumer guarantees described in clause 11), we do not warrant that the service will be uninterrupted, timely, secure or error-free.

Unless we have entered into a separate written service-level agreement with you, there is no contractual uptime guarantee and no binding support response time. Interruptions may result from maintenance, third-party failures (hosting, Meta, Google, OpenAI, Anthropic, Stripe, carriers) or events beyond our reasonable control.

10. Cancellation and termination

By you. You may cancel at any time from the subscription screen in the app or by contacting support. There is no lock-in term and no exit fee. On cancellation, your subscription remains active until the end of the period you have already paid for and does not renew. Refund treatment is set out in the Refund and Cancellation Policy.

By us. We may suspend or terminate your access if you materially breach these Terms (including the acceptable use rules) and, where the breach is capable of remedy, fail to remedy it within a reasonable time after notice. We may suspend access immediately where required to protect the platform, other customers, or to comply with law.

Effect of termination. On termination, your right to use the service ends. Sections that by their nature should survive (including intellectual property, disclaimers, limitation of liability, indemnity and governing law) survive termination.

11. Consumer guarantees under the Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL), being Schedule 2 to the *Competition and Consumer Act 2010* (Cth). Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that applies to you under the ACL or any other law where to do so would be unlawful.

For major failures with the service, you are entitled to: - cancel your service contract with us; and - a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage from the failure. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

Where the services you acquire from us are not of a kind ordinarily acquired for personal, domestic or household use or consumption, and to the extent permitted by section 64A of the ACL, our liability for a failure to comply with a consumer guarantee (other than a guarantee under sections 51 to 53 of the ACL) is limited, at our option, to:

• supplying the services again; or
• paying the cost of having the services supplied again.

12. Warranties and disclaimers

Subject to clause 11 and to any rights you have under the ACL that cannot be excluded, and to the maximum extent permitted by law, we exclude all other warranties, conditions and representations, whether express or implied, including any implied warranty of merchantability, fitness for a particular purpose, or that reports, attribution data or AI output will be accurate, complete or reliable.

13. Limitation of liability

Nothing in these Terms limits or excludes liability that cannot be limited or excluded by law, including under the ACL, or liability for death or personal injury caused by negligence, fraud, or wilful misconduct.

Subject to the paragraph above and to clause 11, and to the maximum extent permitted by law:

• we are not liable for commercial decisions you make in reliance on reports, attribution or AI classification; for errors or inaccuracy in automated classification; or for the acts, omissions or policies of third parties (including Meta, WhatsApp, Google, OpenAI, Anthropic, Stripe, carriers and the hosting provider), including account or number restrictions imposed by those third parties;
• neither party is liable for any indirect, incidental, special or consequential loss, or for loss of profit, revenue, goodwill, data or business opportunity; and
• our total aggregate liability arising out of or in connection with these Terms, however arising, is limited to the total amount you actually paid to us for the service in the 12 months immediately before the event giving rise to the liability.

14. Indemnity

To the maximum extent permitted by law, you indemnify us against all claims, liabilities, fines, penalties, losses, damages and reasonable costs (including reasonable legal costs) arising out of or in connection with:

• your misuse of the platform;
• your breach of these Terms or of any applicable law, including privacy, spam and data-protection law;
• your breach of the Meta, WhatsApp or Google policies; or
• your infringement of any third party’s rights,

except to the extent the claim was caused by our breach of these Terms or our negligence.

15. Intellectual property

The software, the HexTrack name and brand, the source code, the design, and the documentation are owned by ÓRUS DIGITAL or its licensors and are protected by intellectual property laws. These Terms grant you only a non-exclusive, non-transferable, revocable licence to use the service while your subscription is active.

You must not copy, modify, adapt, decompile, reverse-engineer, sublicense, resell or create derivative works from the platform except to the extent this restriction is prohibited by law or you have our express written permission.

16. Changes to these Terms

We may update these Terms from time to time. We will notify you of material changes by email and/or in-app notice at least 30 days before they take effect. If you do not agree to a change, you may cancel before the effective date. Continued use of the service after the effective date constitutes acceptance of the updated Terms. The version in force is always the one published here, with its effective date.

17. Governing law and jurisdiction

These Terms are governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from them. Nothing in this clause limits any right you have to bring proceedings, or rely on protections, under the ACL or other mandatory consumer-protection laws that apply to you.

18. General

• Notices. Electronic notices are valid: notices to you are sent to the email address on your account and by in-app message; notices to us go to contato@hextrack.com.br.
• Assignment. You may not assign these Terms without our consent. We may assign them in connection with a corporate transaction, provided your rights are not materially reduced.
• Entire agreement. These Terms, together with the Privacy Policy, Cookie Policy and Refund and Cancellation Policy, form the entire agreement between you and us regarding the service.
• Severability. If any provision is found unenforceable, the remaining provisions continue in force.
• Waiver. A failure to enforce a provision is not a waiver of it.

19. Contact

ÓRUS DIGITAL (CNPJ 38.084.946/0001-56)
Email: contato@hextrack.com.br