Terms of Service

Effective date: 28 July 2026

These Terms of Service (the "Terms") form a legally binding agreement between you and ÓRUS DIGITAL governing your access to and use of the HexTrack platform, websites, applications, APIs, and related services (together, the "Service"). Please read them carefully. By creating an account, subscribing to a plan, or otherwise accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service.

1. Who we are and how to contact us

The Service is provided by:

• Provider: ÓRUS DIGITAL ("HexTrack", "we", "us", "our")
• Company registration number: CNPJ 38.084.946/0001-56
• Contact email: contato@hextrack.com.br

You can contact us at any time using the details above.

2. Definitions

• "You" or "Customer" means the individual or legal entity that registers for, subscribes to, or uses the Service.
• "Account" means the account you create to access the Service.
• "Consumer" means an individual acting wholly or mainly outside their trade, business, craft or profession (as defined in the Consumer Rights Act 2015).
• "Business Customer" means any Customer that is not a Consumer.
• "Customer Data" means data, content and information that you or your users submit to or generate through the Service, including the personal data of your own contacts and end-customers.
• "End-Customer" means an individual whose personal data you process using the Service (for example, a contact, lead, or recipient of your messages).
• "Subscription" means a paid plan giving access to the Service for a recurring period.

3. Eligibility and accounts

3.1 You must be at least 18 years old and able to form a legally binding contract to use the Service.

3.2 When you register, you must provide accurate, current and complete information and keep it up to date.

3.3 You are responsible for safeguarding your login credentials and for all activity that occurs under your Account. You must notify us promptly at contato@hextrack.com.br if you suspect any unauthorised access or use.

3.4 If you create an Account on behalf of an organisation, you represent that you are authorised to bind that organisation to these Terms, and "you" refers to that organisation.

3.5 You are responsible for the acts and omissions of any users you invite to your Account.

4. The Service

4.1 HexTrack is a multi-tenant customer relationship management (CRM) platform whose features may include sales funnels, contact management, WhatsApp and omnichannel messaging, an AI assistant, advertising and traffic tools, and reporting.

4.2 We may add, modify, or remove features from time to time to improve the Service, comply with law, or address security or operational needs. We will not make changes that materially reduce the core functionality of a paid plan during your current billing period without offering you a remedy under clause 13.

4.3 The Service integrates with third-party services (for example, payment, messaging, advertising, and AI providers). Your use of those third-party services is subject to their own terms, and we are not responsible for them.

5. Acceptable use

5.1 You must use the Service only for lawful purposes and in accordance with these Terms and all applicable laws, including the UK GDPR, the Data Protection Act 2018, and the Privacy and Electronic Communications (EC Directive) Regulations 2003 ("PECR").

5.2 You must not, and must not permit any user to:

• send unsolicited, unlawful, or deceptive communications (including spam), or send marketing messages to individuals without a valid lawful basis and, where required, their consent;
• upload, transmit, or store any content that is unlawful, defamatory, obscene, infringing, harassing, or that violates the rights of any person;
• use the Service to process personal data unlawfully or without an appropriate lawful basis;
• introduce malware or any harmful code, or attempt to gain unauthorised access to the Service or its infrastructure;
• interfere with, disrupt, or place an unreasonable load on the Service, or attempt to circumvent usage limits, rate limits, or security controls;
• reverse engineer, decompile, or attempt to extract the source code of the Service, except to the extent this restriction is prohibited by law;
• resell, sublicense, or make the Service available to third parties except as expressly permitted by your plan; or
• use the AI features to generate content that is unlawful, that infringes third-party rights, or in breach of the acceptable use policies of our AI providers.

5.3 You are solely responsible for ensuring that your use of messaging channels (including WhatsApp/Meta) complies with the applicable channel provider policies and with PECR and the UK GDPR.

5.4 We may suspend or restrict access to the Service where we reasonably believe there is a breach of this clause 5, a security risk, or a risk of harm to us, our users, or third parties. Where practicable and lawful, we will give you notice and an opportunity to remedy the issue.

6. Subscriptions, fees and billing

6.1 Plans and prices. Access to paid features requires an active Subscription. Current plans, features, and prices are set out on our website or in your order. Prices are stated in pounds sterling (GBP).

6.2 Payment provider. Payments are processed by Stripe. By subscribing, you authorise us and Stripe to charge your chosen payment method for all applicable fees. You must provide accurate billing information and keep it current.

6.3 Recurring billing. Subscriptions renew automatically at the end of each billing period (monthly or annually, as selected) at the then-current price, unless cancelled in accordance with clause 7. By subscribing, you authorise recurring charges until you cancel.

6.4 Taxes. Unless stated otherwise, prices are exclusive of VAT and any other applicable taxes, which will be added where required by law.

6.5 Price changes. We may change our prices. For recurring Subscriptions, we will give you at least 30 days' notice before a price change takes effect, and the new price will apply from your next renewal. If you do not accept the change, you may cancel before it takes effect.

6.6 Failed payments. If a payment fails, we may retry the charge and may suspend or downgrade your Account until payment is received. You remain responsible for amounts properly due.

6.7 Refunds. Refunds are governed by our Refund & Cancellation Policy and by your statutory rights (see clauses 7 and 8).

7. Cancellation and termination by you

7.1 You may cancel your Subscription at any time from within your Account settings (self-serve) or by contacting us at contato@hextrack.com.br.

7.2 Unless a refund is required by law (see clause 8) or offered under our Refund & Cancellation Policy, cancellation takes effect at the end of your current billing period, and you will continue to have access until then. Fees already paid for the current period are non-refundable except as required by law.

7.3 On termination, your right to access the Service ends. We will make Customer Data available for export for a limited period as described in our Privacy Policy and Refund & Cancellation Policy, after which it may be deleted.

8. Your statutory rights as a Consumer (Consumer Rights Act 2015)

8.1 If you are a Consumer, you have legal rights that cannot be excluded or limited by these Terms.

8.2 Under the Consumer Rights Act 2015, digital content and services we supply must be: (a) of satisfactory quality; (b) fit for any particular purpose you made known to us; and (c) as described. If they are not, you may be entitled to a repair, a price reduction, or (in certain cases) a refund.

8.3 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you generally have a 14-day cancellation ("cooling-off") period after entering into the contract. However, where you ask us to begin providing the Service during that period and acknowledge that you will lose your right to cancel once the Service is fully performed, your cancellation rights may end or be reduced accordingly. Where the Service has only been partly performed when you cancel, we may charge for the value of what has been supplied.

8.4 Nothing in these Terms affects your non-waivable statutory rights. For more information about your rights, contact your local Citizens Advice or the Chartered Trading Standards Institute.

9. Intellectual property

9.1 Our IP. We and our licensors own all intellectual property rights in the Service, including all software, designs, text, graphics, and trademarks. We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service during your Subscription solely for your internal business or personal purposes, subject to these Terms.

9.2 Your Data. You retain all rights in your Customer Data. You grant us a worldwide, non-exclusive licence to host, process, transmit, and display Customer Data solely as necessary to provide, maintain, secure, and improve the Service and to comply with law. Our processing of personal data within Customer Data is governed by our Privacy Policy and, where applicable, a data processing agreement (see clause 12).

9.3 Feedback. If you give us feedback or suggestions, we may use them without restriction or obligation to you.

9.4 AI output. Subject to the terms of our AI providers and applicable law, as between you and us, you own the content you generate using the AI features from your inputs. You are responsible for reviewing AI output before relying on it; AI output may be inaccurate or incomplete.

10. Warranties and disclaimers

10.1 We warrant that we will provide the Service with reasonable care and skill.

10.2 Except as expressly stated in these Terms and except for any rights you have as a Consumer under clause 8, and to the fullest extent permitted by law, the Service is provided "as is" and "as available", and we exclude all implied warranties, conditions, and terms.

10.3 We do not warrant that the Service will be uninterrupted, error-free, or completely secure, or that it will meet all of your requirements. You are responsible for maintaining your own backups of important Customer Data.

11. Limitation of liability

11.1 Nothing excluded. Nothing in these Terms limits or excludes our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any liability that cannot be limited or excluded by law; or (d) for Consumers, any of your statutory rights under clause 8.

11.2 Consumers. If you are a Consumer, we are responsible for foreseeable loss and damage caused by us. We are not liable for loss or damage that is not foreseeable, or for losses arising from your use of the Service for a business purpose.

11.3 Business Customers. If you are a Business Customer, subject to clause 11.1:

• we will not be liable for any loss of profits, loss of revenue, loss of business, loss of anticipated savings, loss of goodwill, or any indirect or consequential loss; and
• our total aggregate liability arising out of or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will not exceed the total fees paid by you to us in the 12 months immediately before the event giving rise to the liability.

11.4 You are responsible for your own compliance obligations (including as a data controller under clause 12), and we are not liable for your failure to meet them.

12. Data protection

12.1 Our collection and use of personal data is described in our Privacy Policy, which forms part of these Terms.

12.2 In respect of the personal data of your End-Customers that you process using the Service, you act as the controller and we act as your processor. Our processing of that data on your behalf is governed by a data processing agreement ("DPA") incorporating the terms required by Article 28 of the UK GDPR. Where we have made a DPA available, it applies to that processing. You are responsible for having a lawful basis for the personal data you upload and for the messages you send.

12.3 In respect of account, billing, and administrative data relating to you and your users, we act as the controller, as described in the Privacy Policy.

13. Changes to these Terms

13.1 We may update these Terms from time to time, for example to reflect changes to the Service, to our business, or to law.

13.2 If we make material changes, we will give you reasonable notice (for example, by email or in-app notice) before they take effect. If you continue to use the Service after the changes take effect, you accept the updated Terms. If you do not accept them, you may cancel in accordance with clause 7 before they take effect.

14. Suspension and termination by us

14.1 We may suspend or terminate your access to the Service, in whole or in part, if: (a) you materially breach these Terms and (where the breach is capable of remedy) fail to remedy it within a reasonable period after notice; (b) you fail to pay fees when due; (c) required by law; or (d) necessary to protect the security or integrity of the Service or other users.

14.2 We may terminate these Terms for convenience by giving you reasonable prior notice; if we do so during a paid period, we will refund any prepaid fees for the unused portion of that period.

15. General

15.1 Entire agreement. These Terms, together with the Privacy Policy, Cookie Policy, Refund & Cancellation Policy, and any applicable DPA and order, are the entire agreement between you and us regarding the Service.

15.2 Assignment. You may not assign or transfer your rights or obligations without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets, on notice to you.

15.3 Severability. If any provision is found to be invalid or unenforceable, the remaining provisions will continue in full force.

15.4 Waiver. A failure to enforce any provision is not a waiver of our right to do so later.

15.5 Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control.

15.6 Third parties. Except as expressly stated, a person who is not a party to these Terms has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.

16. Governing law and jurisdiction

16.1 These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes) are governed by the laws of England and Wales.

16.2 The courts of England and Wales have exclusive jurisdiction, except that if you are a Consumer resident elsewhere in the United Kingdom, you may also bring proceedings in the courts of your home nation, and you retain the benefit of any mandatory consumer protections of the part of the UK in which you live.

17. Contact

If you have any questions about these Terms, contact us at:

• ÓRUS DIGITAL
• Email: contato@hextrack.com.br