Terms of Use and Service

This is a translation of the Portuguese original. Where the two differ, the Portuguese version prevails.

These Terms of Use and Service (the “Terms”) govern access to 6ps.group and the use of the products, platforms, applications, APIs, integrations and technology services provided by 6PS MEDIA GROUP LTDA (“6PS”, “we”), CNPJ 12.829.681/0001-84, with its registered office at Rua Bananeiras, 361, Sala 101, Caixa Postal 279, Manaíra, João Pessoa/PB, CEP 58038-170, Brazil.

1. Acceptance

By visiting the website, contracting or using any 6PS Service, you confirm that you have read and agree to these Terms and to the Privacy Policy. If you act on behalf of a company, you confirm that you have authority to bind it. If you do not agree, do not use the Services.

2. Definitions

Services: every technology solution provided by 6PS, including software development, our own platforms and applications, software as a service (SaaS), APIs, integrations between systems, automation, artificial intelligence solutions, digital communication, consulting, hosting, operation, support and maintenance.
Client: the individual or company that contracts Services from 6PS.
User: anyone who accesses or uses a Service, including the Client’s staff and end users.
Third Party Platforms: systems, services, APIs, marketplaces, cloud, messaging, payment or AI providers, and others not controlled by 6PS, that a Service connects to.
Specific Terms: a commercial proposal, contract, work order, annex, or a product’s own terms, which supplement these Terms.

3. Contractual structure and precedence

These Terms are the general conditions applying to every Service. Each product or engagement may have Specific Terms. Where they conflict, the following prevails, in this order: (i) a contract signed between the parties; (ii) the Specific Terms of the product or service; (iii) these Terms; (iv) the other policies published on the website.

4. The Services

4.1. The scope, deadlines, service levels, prices and conditions of each Service are set out in the Specific Terms.

4.2. 6PS may update, improve or discontinue features to keep the Services secure, performant and compliant, preserving, for the term of the contract, the essential contracted features, or offering an equivalent alternative.

4.3. Services in trial, beta or demonstration form are provided “as is”, with no guarantee of availability.

5. Accounts and access

5.1. Some Services require registration. The User must provide true information and keep it current.

5.2. Credentials are personal and non-transferable. The Client is responsible for managing its Users’ access and for all activity carried out with its credentials, and must tell 6PS immediately of any unauthorised use.

6. Client and User obligations

The Client and Users undertake to:

use the Services in accordance with the law, these Terms and the Specific Terms;
hold an adequate legal basis, including consents and opt-ins where required, for the personal data and communications they enter or process in the Services;
comply with the terms, policies and limits of the Third Party Platforms they choose to integrate;
provide, in good time, the information, access and approvals the Services need;
keep their own backups of critical information, unless backup is expressly part of the contracted Service.

7. Acceptable use

The Services may not be used to:

break the law, or infringe third party rights, privacy or intellectual property;
send unsolicited bulk communications, or carry out fraud, phishing, scams or impersonation;
distribute malware, exploit vulnerabilities, carry out unauthorised reverse engineering, or circumvent security mechanisms and technical limits;
publish unlawful or discriminatory content, content inciting violence, or content exploiting children and adolescents;
deliberately overload the infrastructure, or resell the Services without authorisation;
breach the usage policies of the integrated Third Party Platforms.

6PS may suspend access, in whole or in part, in the event of a breach, a security risk, an order from an authority, or a requirement from a Third Party Platform, notifying the Client wherever possible.

8. Third Party Platforms

8.1. Many Services depend on Third Party Platforms. Use of those platforms is subject to the terms, policies, approvals, prices and limits their owners set.

8.2. 6PS does not control and is not liable for outages, changes to rules, prices or APIs, blocks, account suspensions or decisions made by Third Party Platforms, nor for amounts they charge the Client directly.

8.3. Where a Third Party Platform changes or discontinues features, 6PS will make reasonable efforts to adapt the Service, which may give rise to a new scope or cost, under the Specific Terms.

9. Prices, payment and taxes

9.1. Amounts, billing method, adjustments and due dates are set out in the Specific Terms.

9.2. Late payment may incur a 2% penalty, default interest of 1% per month and monetary correction, as well as suspension of the Service after prior notice, without prejudice to other remedies in the contract.

9.3. Cancellations and refunds follow the Refund and Cancellation Policy.

10. Intellectual property

10.1. Software, code, libraries, frameworks, methodologies, models, know-how, trademarks and materials of 6PS, whether pre-existing or developed generically, remain the exclusive property of 6PS. The Client receives a non-exclusive, non-transferable licence to use them, limited to the contracted period and scope.

10.2. Ownership of bespoke deliverables, where it applies, is defined in the Specific Terms and, if transferred, passes once all amounts due are paid in full.

10.3. The Client keeps ownership of its data, content and trademarks, and grants 6PS a limited licence to process them solely to provide the Services.

10.4. Suggestions and feedback sent to 6PS may be used to improve the Services, with no obligation to pay for them.

11. Artificial intelligence

Where a Service uses artificial intelligence, the results it produces may contain inaccuracies and must be reviewed by the Client before being used in decisions that matter. The Client is responsible for the use it makes of those results. Client data is not used to train general purpose models without the Client’s express authorisation.

12. Data protection

The processing of personal data follows the Privacy Policy and, where 6PS acts as processor, the Data Processing Agreement (DPA), which forms part of these Terms.

13. Confidentiality

The parties will keep confidential the information they receive through the commercial relationship, using it only to carry out the Services, during the term and for 5 (five) years after it ends, save for a legal obligation or an order from an authority.

14. Warranties and limitation of liability

14.1. 6PS will provide the Services with diligence and in line with good technical practice. Unless the Specific Terms expressly say otherwise, it does not warrant that the Services will run without interruption or error, or that they will meet purposes that were not agreed.

14.2. 6PS is not liable for: (i) indirect damages, loss of profit, loss of opportunity or of revenue; (ii) failures of Third Party Platforms, internet providers, power, or the Client’s equipment; (iii) misuse of the Services by the Client or Users; (iv) content and data entered by the Client; (v) events of act of God or force majeure.

14.3. To the fullest extent the law permits, the total liability of 6PS is limited to the amount the Client actually paid for the Service that gave rise to the damage in the 12 (twelve) months before the event.

14.4. Nothing in these Terms limits non-waivable rights under the Brazilian Consumer Protection Code, where it applies.

15. Term, suspension and termination

15.1. These Terms are in force for as long as the Services are used. The term, renewal and termination of each engagement follow the Specific Terms.

15.2. Once the relationship ends, access is disabled and data is returned or deleted under the contract, the DPA and the law. Clauses that by their nature should survive remain in force, such as intellectual property, confidentiality, liability and amounts due.

16. Changes to these Terms

6PS may update these Terms. The version in force is always on this page. Significant changes are communicated to Clients with reasonable notice; continued use after they take effect indicates agreement.

17. General provisions

Tolerating a breach does not waive any right.
A clause found invalid does not affect the others.
The Client may not assign these Terms without the consent of 6PS; 6PS may assign them to companies in its group or in a corporate reorganisation.
Communications may be sent by email to the registered addresses.
Where versions in different languages differ, the Portuguese version prevails.

18. Governing law and jurisdiction

These Terms are governed by the laws of the Federative Republic of Brazil. The courts of the district of João Pessoa/PB are elected to settle disputes, except for a consumer’s right to sue in the courts of their own domicile.

19. Contact

6PS MEDIA GROUP LTDA · CNPJ 12.829.681/0001-84 Rua Bananeiras, 361, Sala 101, Caixa Postal 279, Manaíra, João Pessoa/PB, CEP 58038-170, Brazil Email: suporte@6ps.group · Website: https://6ps.group