HexTrack Terms of Service

Effective date: 28 July 2026

These Terms of Service (the "Terms") are a binding agreement between you and ÓRUS DIGITAL, a company registered in Brazil under CNPJ 38.084.946/0001-56 ("HexTrack," "we," "us," or "our"), governing your access to and use of the HexTrack platform, websites, applications, and related services (collectively, the "Service").

Please read these Terms carefully. Section 15 (Dispute Resolution; Binding Arbitration; Class Action Waiver) requires most disputes to be resolved through individual binding arbitration and waives your right to a jury trial and to participate in class actions, subject to the opt-out described in that section.

By creating an account, clicking "I agree," or otherwise accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Parties and Eligibility

1.1 The parties. These Terms are between HexTrack and the individual or legal entity that registers for or uses the Service ("you," "Customer," or "Tenant"). If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization, and "you" refers to that organization.

1.2 Eligibility. You must be at least 18 years old and able to form a binding contract under applicable law. The Service is offered for business and professional use and is not directed to children.

1.3 Your customers and contacts. HexTrack is a customer relationship and marketing platform. When you use the Service to store or process information about your own leads, contacts, and end-customers ("End-Customer Data"), you act as the controlling party for that data and HexTrack acts as your service provider/processor. Your responsibilities for End-Customer Data are described in Section 5 and in our Privacy Policy.

2. The Service

2.1 Description. HexTrack provides a multi-tenant software-as-a-service platform that may include, depending on your plan: sales and marketing funnels, contact and pipeline management, WhatsApp and other omnichannel messaging, AI-assisted features, advertising/traffic tracking, and reporting and analytics.

2.2 AI features. Certain features use third-party artificial intelligence providers to generate suggestions, drafts, summaries, or automated responses ("AI Output"). AI Output may be inaccurate, incomplete, or unsuitable for your purpose. You are responsible for reviewing AI Output before relying on or acting upon it, and you must not use AI features in a manner that violates law or the acceptable use rules in Section 4.

2.3 Messaging channels. Features that connect to WhatsApp, Meta, or other third-party channels are subject to those providers' own terms and policies. You are responsible for complying with them, including obtaining any required consent from message recipients.

2.4 Changes to the Service. We may add, modify, or discontinue features from time to time. We will not make changes that materially degrade the core Service you have paid for during your then-current subscription term without providing a comparable alternative or a pro-rated refund as described in the Refund & Cancellation Policy.

3. Accounts and Security

3.1 Registration. You must provide accurate, current, and complete information and keep it up to date.

3.2 Credentials. You are responsible for safeguarding your login credentials and for all activity under your account. Enable available security controls, such as two-factor authentication, where offered. Notify us promptly at contato@hextrack.com.br if you suspect unauthorized access.

3.3 Users and roles. You may invite users within your tenant. You are responsible for your users' compliance with these Terms and for the permissions and roles you assign to them.

4. Acceptable Use

You agree not to, and not to permit any user or third party to:

Use the Service in violation of any applicable law, regulation, or third-party right, including anti-spam, telemarketing, consumer-protection, privacy, and intellectual-property laws;
Send messages without a lawful basis or required consent, including in violation of the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, or WhatsApp/Meta messaging policies;
Upload or transmit unlawful, defamatory, harassing, deceptive, or infringing content, or malware;
Collect, store, or process personal information without a lawful basis, or use the Service to process categories of sensitive data for which you lack appropriate consent or authority;
Reverse engineer, decompile, or attempt to derive source code, except to the extent this restriction is prohibited by applicable law;
Circumvent usage limits, security, or access controls, or probe, scan, or test the vulnerability of the Service without our written authorization;
Resell, sublicense, or provide the Service to third parties except as expressly permitted by your plan;
Use AI features to generate content that is unlawful, that impersonates a person or entity in a deceptive manner, or that violates the AI providers' usage policies;
Overburden or disrupt the Service, or use it to build a competing product.

We may investigate suspected violations and may suspend or limit access to protect the Service, our users, or third parties. Where practicable and lawful, we will give you notice and an opportunity to cure before suspension.

5. Customer Content and End-Customer Data

5.1 Your content. "Customer Content" means all data, files, contacts, messages, and other materials you or your users submit to the Service, including End-Customer Data. As between you and HexTrack, you retain all rights in Customer Content.

5.2 License to operate the Service. You grant HexTrack a worldwide, non-exclusive license to host, copy, transmit, process, and display Customer Content solely as necessary to provide, secure, and support the Service, to comply with law, and as otherwise permitted in these Terms and the Privacy Policy.

5.3 Your responsibilities as controller. You are solely responsible for the accuracy, quality, legality, and appropriate use of Customer Content, and for providing all notices and obtaining all consents required to collect, upload, and process End-Customer Data through the Service (including consent for messaging and, where applicable, for AI processing). You represent that you have the authority to do so.

5.4 Processor role. With respect to personal information within End-Customer Data, HexTrack acts as your service provider/processor and processes such data only on your documented instructions (including through your configuration of the Service) and as described in the Privacy Policy. HexTrack will not sell End-Customer Data or use it for cross-context behavioral advertising, and will not retain, use, or disclose it except to provide the Service or as permitted by applicable privacy law.

5.5 Prohibited data. Unless we expressly agree in writing, do not use the Service to store payment card numbers in free-text fields, government-issued identifiers beyond what a feature is designed for, or data subject to sector-specific regimes (such as protected health information under HIPAA) for which HexTrack is not configured or contracted.

6. Subscriptions, Fees, and Billing

6.1 Plans and fees. Access to paid features requires a subscription. Applicable fees, features, billing frequency (for example, monthly or annual), and any usage-based charges are presented at the point of purchase and in your account.

6.2 Payment processor. Payments are processed in U.S. dollars (USD) by our third-party payment processor, Stripe. By subscribing, you authorize us and Stripe to charge your designated payment method for all applicable fees and taxes. You are responsible for keeping your payment information current.

6.3 Automatic renewal (negative option). Unless you cancel before the end of the then-current term, your subscription automatically renews for successive periods equal to your original term, and your payment method will be charged the then-current renewal fee. We present renewal terms clearly and conspicuously before purchase, obtain your affirmative consent to them, and provide a simple cancellation method as described in Section 6.7 and the Refund & Cancellation Policy, consistent with the federal Restore Online Shoppers' Confidence Act (ROSCA) and applicable state automatic-renewal laws. Where required by law, we will send you advance renewal reminders.

6.4 Taxes. Fees are exclusive of taxes. You are responsible for all sales, use, and similar taxes, excluding taxes on our net income.

6.5 Price changes. We may change fees for future terms. We will give you at least 30 days' notice before a price change takes effect for your subscription, and the new price applies at your next renewal. If you do not accept the change, you may cancel before it takes effect.

6.6 Late or failed payments. If a charge fails or a payment is overdue, we may suspend or downgrade the Service after reasonable notice. You remain responsible for amounts owed.

6.7 Self-serve cancellation. You can cancel your subscription at any time from within your account settings, without contacting support and without a retention step. Cancellation stops future renewals; details of the effect of cancellation and refunds are in the Refund & Cancellation Policy.

7. Free Trials and Beta Features

7.1 Trials. If we offer a free trial, we will describe its terms at sign-up. Unless stated otherwise, at the end of a trial your subscription may convert to a paid plan and your payment method may be charged, unless you cancel first.

7.2 Beta. Features labeled beta, preview, or experimental are provided "as is," may change or be withdrawn, and are excluded from any service commitments.

8. Intellectual Property

8.1 Our IP. The Service, including all software, interfaces, documentation, and trademarks, is owned by HexTrack or its licensors and is protected by intellectual-property laws. Except for the limited rights expressly granted in these Terms, we reserve all rights.

8.2 Limited license to you. Subject to these Terms and payment of applicable fees, we grant you a non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes during your subscription.

8.3 Feedback. If you provide suggestions or feedback, you grant us a perpetual, royalty-free license to use it without restriction or obligation to you.

8.4 AI Output. As between you and HexTrack, and subject to third-party AI providers' terms, you may use AI Output generated for your account for your business purposes. You are responsible for verifying that your use of AI Output does not infringe third-party rights. AI Output is not guaranteed to be unique and similar output may be generated for other customers.

9. Third-Party Services

The Service integrates with third-party services (for example, Stripe, WhatsApp/Meta, AI providers, and advertising platforms). Your use of those services is governed by their terms and privacy policies. We are not responsible for third-party services, and their availability or terms may change.

10. Warranties and Disclaimers

10.1 Limited warranty. We will provide the Service with reasonable skill and care and substantially in accordance with its documentation.

10.2 Disclaimer. EXCEPT AS EXPRESSLY STATED IN SECTION 10.1, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT AI OUTPUT WILL BE ACCURATE OR RELIABLE.

10.3 Consumer rights preserved. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain rights. Nothing in these Terms excludes, restricts, or modifies any warranty, guarantee, right, or remedy that applicable law provides and that cannot lawfully be excluded or limited. Where such rights apply, our liability is limited, to the extent permitted, as described in Section 11.

11. Limitation of Liability

11.1 Exclusion of indirect damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY.

11.2 Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID TO HEXTRACK FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11.3 Exceptions. The limitations in this Section do not apply to your payment obligations, either party's breach of Section 8 (Intellectual Property), your indemnification obligations, or liability that cannot be limited under applicable law.

11.4 Basis of the bargain. The allocations of risk in Sections 10 and 11 are an essential basis of the agreement between the parties.

12. Indemnification

12.1 By you. You will defend, indemnify, and hold harmless HexTrack and its affiliates and personnel from and against any third-party claims, damages, and costs (including reasonable attorneys' fees) arising out of: (a) Customer Content or End-Customer Data; (b) your use of the Service in violation of these Terms or law, including messaging and consent violations; or (c) your breach of your representations in Sections 4 and 5.

12.2 By us. We will defend you against third-party claims alleging that the Service, as provided by us and used in accordance with these Terms, infringes a U.S. intellectual-property right, and will pay resulting damages finally awarded, provided you promptly notify us and allow us to control the defense. This does not apply to claims arising from Customer Content, third-party services, or unauthorized use.

13. Term, Suspension, and Termination

13.1 Term. These Terms apply for as long as you use the Service or maintain an account.

13.2 Termination by you. You may cancel and terminate at any time as described in Section 6.7 and the Refund & Cancellation Policy.

13.3 Suspension and termination by us. We may suspend or terminate your access for material breach (including non-payment or violation of Section 4) after reasonable notice and an opportunity to cure where practicable, or immediately where required to prevent harm, protect the Service, or comply with law.

13.4 Effect of termination. On termination, your right to use the Service ends. For a period of 30 days after termination, you may export Customer Content using available tools; after that period, we may delete Customer Content in the ordinary course, subject to legal retention requirements and backup cycles described in the Privacy Policy.

13.5 Survival. Sections that by their nature should survive (including Sections 5, 8, 10, 11, 12, 14, 15, and 16) survive termination.

14. Consumer Protection

We comply with applicable U.S. federal and state consumer-protection laws, including the Federal Trade Commission Act's prohibition on unfair or deceptive practices, ROSCA and applicable state automatic-renewal laws governing recurring subscriptions, and the CAN-SPAM Act. Nothing in these Terms limits any non-waivable right or remedy available to you as a consumer under applicable law. If any provision of these Terms conflicts with a non-waivable consumer right, that right prevails to the extent of the conflict.

15. Dispute Resolution; Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

15.1 Informal resolution. Before starting a formal proceeding, you agree to first contact us at contato@hextrack.com.br and attempt in good faith to resolve the dispute informally for at least 30 days.

15.2 Binding arbitration. Except as stated below, any dispute arising out of or relating to these Terms or the Service that is not resolved informally will be resolved by final and binding individual arbitration administered by a recognized arbitration provider under its consumer or commercial rules, as applicable. The Federal Arbitration Act governs the interpretation and enforcement of this Section.

15.3 Class action waiver. DISPUTES WILL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS. YOU AND HEXTRACK WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

15.4 Exceptions. Either party may (a) bring an individual claim in small-claims court, and (b) seek injunctive or equitable relief in court to protect intellectual property or confidential information.

15.5 Opt-out. You may opt out of this arbitration agreement by sending written notice to contato@hextrack.com.br within 30 days of first accepting these Terms. If you opt out, disputes will be resolved in the courts identified in Section 16.

15.6 Non-waivable rights. This Section does not waive any right you have under applicable law that cannot be waived, and does not prevent you from filing a complaint with a government agency.

16. Governing Law and Venue

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules. Subject to Section 15, any dispute not subject to arbitration will be brought exclusively in the state or federal courts located in Delaware, and the parties consent to their jurisdiction. Nothing in this Section deprives you of the protection of mandatory consumer-protection laws of the state in which you reside.

17. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice (for example, by email or in-product notice) before they take effect. Changes apply prospectively. Your continued use of the Service after the effective date of updated Terms constitutes acceptance. If you do not agree, you must stop using the Service and may cancel as described in Section 6.7.

18. General

18.1 Entire agreement. These Terms, together with the Privacy Policy, Cookie Policy, Refund & Cancellation Policy, and any order or plan details, are the entire agreement between the parties regarding the Service.

18.2 Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.

18.3 Severability. If any provision is held unenforceable, the remaining provisions remain in effect.

18.4 No waiver. Failure to enforce a provision is not a waiver.

18.5 Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.

18.6 Notices. We may provide notices by email or in-product. You may send notices to contato@hextrack.com.br.

19. Contact

ÓRUS DIGITAL

General: contato@hextrack.com.br

Support: contato@hextrack.com.br

Website: https://hextrack.com.br