Terms of Service – Talk with Owner

These Terms of Service ("Terms") govern access to and use of the Talk with Owner digital platform. By registering and using the Platform, you confirm that you have read, understood, and agree to these Terms.

1. Definitions and User Roles

For the purposes of these Terms:

• Platform: The "Talk with Owner" digital system, including the app, website, admin panels, APIs, and related features.
• Platform Controller: The legal entity responsible for operating and maintaining the Platform.
• User: Any person who uses the Platform, according to the profiles below.
• Consumer Profile: An individual using the Platform to send messages, compliments, suggestions, or complaints to establishments.
• Business Profile: An individual business or company using the Platform to receive and respond to consumer communications.
• Network Profile: A legal entity responsible for a network of establishments with centralized management.
• Managers or Delegated Users: People authorized by a Business or Network Profile to access and operate the Platform.
• Content: Messages, text, audio, images, or any information sent by users.
• Personal Data: Any information related to an identified or identifiable natural person.

2. Purpose of the Platform

The Platform provides a private communication channel between Consumers and Businesses or Networks, allowing messages via text, audio, or image, with optional identification or anonymity.

The Platform does not participate in consumer relationships, process payments, perform services on behalf of establishments, or take responsibility for products, services, or support offered by third parties.

3. Electronic Acceptance of the Terms

Acceptance occurs electronically and automatically after registration and the use of any functionality, indicating full, binding agreement with these Terms in accordance with applicable electronic contract laws.

4. Registration, Access, and Responsibilities

Users must have legal capacity and provide truthful, updated information when registering.

Business and Network Profiles are fully responsible for registering, managing, granting, limiting, and revoking access for managers or delegated users.

The Platform only provides the technological tool, does not validate identity or supervise access, and all actions by managers or delegated users are the sole responsibility of the respective Business or Network.

5. Plans and Conditions of Use

The Platform may operate under the following models:

• Free Plan: limited to up to 3 (three) conversations per month per establishment.
• Paid Plans: monthly subscriptions with additional features as described at the time of purchase.

6. Proper Use of the Platform

Users must not:

• Use the Platform for unlawful, abusive, offensive, discriminatory, or fraudulent purposes.
• Violate third-party rights, including image, honor, trademarks, or intellectual property.
• Attempt to access unauthorized systems, data, or features.
• Use the Platform in a way that compromises its security or functioning.

7. Responsibility for Message Content

All content sent through the Platform is the sole responsibility of the person who created it, whether Consumer, Business, or Network.

The Platform does not create, edit, validate, pre-moderate, or endorse message content and acts exclusively as a technological communication channel.

The Platform is not liable for damages, losses, civil or criminal offenses, or any consequences resulting from content sent by users.

8. Intellectual Property

All intellectual property rights related to the Platform—including software, layout, trademarks, logos, and features—belong exclusively to the Platform Controller. Any reproduction or exploitation without express authorization is prohibited.

9.1 Device Permissions: Location

The Platform may request location permission, when authorized, exclusively to:

• Identify and display establishments near the User.
• Register access logs, security events, and fraud prevention signals.

9.2 Device Permissions: Notifications

The Platform may request notification permission to:

• Alert Users about new messages or interactions.
• Send informational, operational, or promotional communications related to the Platform or establishments.

10. Compliance with Data Protection Laws

The Platform processes personal data in accordance with applicable laws, depending on the User's or data processing location. Users may have rights to access, correction, deletion, objection, restriction, portability, and consent withdrawal, as detailed in the Privacy Policy.

• Brazil – General Data Protection Law (LGPD)
• European Union – General Data Protection Regulation (GDPR) and ePrivacy rules
• United States – Applicable state laws, including CCPA and CPRA
• China – Personal Information Protection Law (PIPL)

11. Limitation of Liability

The Platform is provided "as is." The Platform Controller is not responsible for:

• Acts or omissions of Users or establishments.
• Consumer relationships between customers and establishments.
• Indirect damages, lost profits, or loss of opportunity, except where mandatory law provides otherwise.

12. Suspension and Termination

The Platform may suspend or terminate accounts in cases of violation of these Terms, misuse, or legal requirement.

Users may terminate their accounts at any time.

13. Changes to the Terms

These Terms may be updated at any time. Continued use of the Platform after updates constitutes full acceptance of the current version.

14. Governing Law and Venue

These Terms are governed by applicable laws according to the User's location, in compliance with mandatory consumer and data protection rules. Whenever permitted, the consumer's domicile shall be the chosen venue.

15. Final Provisions

If any clause is deemed invalid, the remaining provisions remain fully effective. These Terms constitute the entire agreement between the parties.

If desired, we can also provide App Store/Google Play formatting, a mirrored Privacy Policy, a version focused on risk mitigation, or an adaptation to international legal English.