TERMS AND CONDITIONS OF USE - BOTGRAM

Last Updated: August 6, 2024.

This agreement titled “Terms and Conditions of Use of Botgram” governs the rights and obligations related to the use of the website and platform environment, available at (botgram.club/terms), entered into by Benet Digital LTDA, BOTGRAM as the trade name, a legal entity, registered under CNPJ No. 41.913.958/0001-50, with headquarters at Rua Espanha, nº 116, apto 22, Jundiaí/SP, ZIP Code 13.206.800, hereinafter referred to as BOTGRAM, and the user, in the capacity of “User” or “Visitor,” under the following terms:
This document sets forth the terms governing the use of services offered by Botgram, under the domain www.botgram.club and its subdomains. By accessing or using the services, you agree to the terms of use and applicable laws of the territory where you access the platform. If you do not agree, do not access or use our services. You also agree to our privacy policy (botgram.club/privacy).
Welcome! If you have any questions, contact our Support Channel or Help Center.

1. Definitions

For the purposes of this document, the terms and expressions below have the following definitions, which can be used in the singular or plural:

1.1. “BOTGRAM”: Refers to Benet Digital LTDA, BOTGRAM as a trade name, a private legal entity registered with the CNPJ under number 41.913.958/0001-50, headquartered at Rua Espanha, nº 116, apto 22, Jundiaí/SP, CEP 13.206.800;

1.2. “OWNER”: The individual or legal entity, creator and manager of Product(s), who licenses the use of the Botgram Platform and uses it for charging for slots in Telegram Group(s) and/or Channel(s), as well as for using the product and audience management platform provided by Botgram;

1.3. “SUBSCRIBER”: The individual or legal entity who accesses the Botgram Platform and uses it to participate in Telegram Group(s) and/or Channel(s) through the Club created by the OWNER, by paying the amounts due to the OWNER;

1.4. “USER(S)”: Refers to the OWNER and the SUBSCRIBER collectively.

1.5. “PLATFORM”: Refers to the digital technology called the Botgram Platform developed and owned by Benet Digital LTDA, accessible via the internet at the website botgram.club;

1.6. “PERSONAL DATA”: Means any data related to the USER and provided by them, which identifies them at the time of account creation on the Platform;

1.7. “Group(s)”: A set of people in a virtual environment for exchanging messages and Content. Groups may be created on the Telegram platform;

1.8. “Channel”: A restricted area created by the OWNER for sending messages and Content. The Channel can be created on the Telegram platform;

1.9. “Content”: All information sent by the OWNER to the SUBSCRIBERS, within Telegram Channels and Groups, whether in written form, through audios, videos, and/or images, texts, photographs, and can include courses, ebooks, ads, recommendations, classifieds, etc.;

1.10. “Product”: Refers to the Content marketed by the OWNER, through the creation of a Club on the Botgram Platform;

1.11. “Club”: The name we give to your group or Channel on Telegram, within the Botgram platform, where the OWNER can manage their SUBSCRIBERS and sales strategy, and SUBSCRIBERS can access the club;

1.12. “OWNER’s Area”: The management area of the Botgram platform, through which the OWNER has access to their SUBSCRIBERS’ information, sends subscription invites, creates access plans for the SUBSCRIBERS, adds/removes administrators, enables payment methods, checks the status of their club, and manages other account settings;

1.13. “SUBSCRIBER’s Area”: The area on the Botgram platform, through which the SUBSCRIBER starts or recovers access to a club they subscribed to;

1.14. “Bot”: A set of algorithms (bot) developed by Botgram, which communicate with USERS via chat and others, as well as process the information sent by them;

1.15. “Services”: Any and all services provided by Botgram, including the service for integration and management of paid subscriptions in External Channels (currently only Telegram) where the OWNER has registration.

1.16. “External Channels”: Refers to the platforms used by the OWNERS in connection with Botgram’s Services for storing and providing content.

1.17. “Chargeback/Refund”: Refers to the cancellation of an online purchase made through a credit card, which can occur due to the cardholder not recognizing the purchase or because the transaction did not comply with the regulations in the contracts, terms, addenda, manuals, or other documents published by the card issuer.

1.18. “Payment Platform or gateway”: The platform used and chosen by the OWNER, connected to Botgram to process payments from Subscribers to the Owners and perform the Split of payments between the OWNER and Botgram, according to previously determined percentages in these Terms.

1.19. “Split”: The division of amounts paid by the Subscriber and available in the Payment Platform, between Botgram and the OWNER, in the proportions established in these Terms.

1.20. “Supervisory Authorities”: Refers to any authority, whether administrative or judicial, responsible for adjudicating, supervising, and applying the relevant legislation, including but not limited to the National Data Protection Authority;

1.21. “Controller”: Refers to the individual or legal entity responsible for making decisions regarding the processing of personal data;

1.22. “Processor”: Refers to the individual or legal entity that processes personal data on behalf of the Controller;

1.23. “Processing”: Refers to any operation performed on personal data or sensitive personal data, including but not limited to collection, production, reception, classification, use, access, reproduction, transmission, distribution, processing, archiving, storing, deletion, evaluation, or control of information, modification, communication, transfer, diffusion, or extraction.

2. Introduction

2.1. Botgram is a platform that allows users to manage Users and subscriptions in Telegram Channels and/or Groups. The platform can be customized by the Users themselves, according to their criteria, to perform functions such as displaying payment options, subscription plans, amounts, and subscription frequencies. Its main activity is to function like a gatekeeper, allowing the entry of Subscribers who have made the payment as proposed by the Owners, or excluding Subscribers who are in default or in disagreement with the terms and conditions of use in the Groups and/or Channels of Telegram, created and owned by the Owners.

2.2. Botgram develops Systems (Software), but is not responsible for the content published, managed, or selected by its Users in the Telegram Groups and/or Channels. The content is created, posted, and managed by the User(s) of the Group and/or Channel, without human intervention, with Botgram being merely a platform for system intermediation services.

2.3. Botgram does not act as a bank. The user selects the payment platform that best suits them at the time of registration in our system, with which we have compatibility. Therefore, we do not retain, nor do we have any access to the user’s money, and we are not responsible for any inconvenience the payment platform may cause in the release or non-receipt of payment. The Owner should pay attention to the Terms of Use and Privacy Policies of the payment platform they choose.

2.4. Botgram is not responsible for the actions of Users, nor can it be held legally liable for any damage or conflict between Users and/or third parties. Botgram is merely a platform for system development services, and has no control or interference over the content provided in the Groups and Channels, or the conduct of Users and/or third parties.

3. General Terms for the Use of Our Services

3.1. To use the Platform and complete the registration, it is mandatory to read, understand, and “Accept” these Terms.

3.2. By expressing your “Acceptance,” you expressly declare that you have read, understood, and comprehended all the rights and obligations set forth in these Terms, as well as the other documents and policies referred to in the Terms, especially the Privacy Policy. You further declare that you agree with the collection, transfer, storage, safeguarding, processing, and use of your Personal Data for the purpose of providing the contracted services. Therefore, we ask that you read carefully, and should you have any doubts, please contact us using the contact information provided at the end of these Terms of Use.

3.3. These Terms may undergo periodic changes, whether for legal reasons or strategic reasons of Botgram.

3.4. By using our Platform, you may create an Account through which you will provide certain Personal Data. We will process this data in the most transparent and secure way, as explained in more detail in our Privacy Policy. We make it clear that any information provided during the registration process will be solely and exclusively your responsibility.

3.5. Once registered, the OWNER will be able to manage their Products and audience, as well as create new ones, and the SUBSCRIBER will be able to participate in the Product(s) they have purchased participation in via the Botgram Platform.

3.6. The USER agrees to receive text messages, emails, and phone calls (from us or External Channels or payment platforms) with codes to authenticate, register, and validate transactions in our Services.

3.7. Botgram does not review the information provided by you. However, we reserve the right to verify the accuracy of such information at any time and request, at our sole discretion, clarifications and supporting documentation that we deem necessary for proper verification of the information provided.

3.8. The USER acknowledges that to use certain features of the Platform, they will need to provide banking information for, in the case of the SUBSCRIBER, making payments to access content in a Club created by the OWNER, or in the case of the OWNER, allowing Botgram to access transaction information processed through their platform. In neither case will Botgram be authorized to manage or move funds from accounts, except as described in items 9 and 10 of these Terms, nor will it have access to credit card information entered, which will be processed in accordance with the Privacy Policy of the payment platform chosen by the OWNER to process the transaction. Therefore, we do not have any access to credit card information entered by the user when submitted via external links, either from payment platforms or External Channels.

3.9. By creating an account and using the Services offered, the USER declares and guarantees that: a) The information provided on the Platform is true and correct; b) They are not prohibited from using the Services under the laws of the Federative Republic of Brazil or any applicable jurisdiction; c) They will comply with these Terms of Use and all applicable municipal, state, national, and international laws, regulations, and rules; d) They will not force or encourage other users to violate these Terms of Use.

4. Operation of Our Services

4.1. These Terms constitute a binding contract between the user, as the User, and Botgram, and govern their access and use:

(a) of the Botgram website and its subdomains;
(b) of any other websites, interfaces, applications, or other means through which Botgram makes its resources available; and
(c) of all services related to the resources provided by Botgram.

4.2. Botgram offers paid subscription Services, and all Service options provided by Botgram require prior payment for use and/or access, as detailed in clause 8 “Payment”.

4.3. We may also offer special promotions to OWNERS at Botgram’s sole discretion.

4.4. We reserve the right to modify or terminate our offers at any time. If Botgram conducts promotional campaigns regarding the percentage owed under clause 8, unless expressly stipulated otherwise, the promotion will not affect or allow an adjustment to the Service already contracted by the OWNER and may be revoked at any time, at Botgram’s sole discretion.

4.5. Access to the Platforms requires an internet connection, a compatible device for using the Platforms, and the use of a browser, preferably in its most updated version. Compliance with these requirements, as well as updating access systems and browsers, is the sole responsibility of the User, and failure to meet these requirements may result in failures and/or slow access to the Platform.

4.6. The User is responsible for all internet access fees, and the quality of the image and sound of the Content may vary from device to device and may be affected by various factors, including their location, available bandwidth, internet connection speed, and the settings of the device used.

4.7. Botgram reserves the right to modify, add or remove any feature or service offered on the platform, as well as amend these Terms of Use and other related policies, at its sole discretion and at any time. Such changes will be communicated to users through notifications on the platform or by other communication means provided by Botgram, such as the official blog available at (botgram.club/blog). Continued use of the Services after notification of changes will constitute acceptance and agreement by the users with the changes made.

4.8. The Platform is presented to the web public as it is available, and may undergo constant improvements and updates, with Botgram not being obligated to maintain any particular structure or layout except at its own convenience.

4.9. Access to the Site and all operations performed on it are governed by these Terms of Use, which are applicable to any and all persons (Visitor or User) who access the Site.

4.10. When using Botgram Services in relation to any Product, the user is responsible for identifying, understanding, and complying with all applicable laws, rules, and regulations. This may include, but is not limited to, civil regulations, intellectual property rules, privacy, personal data usage, advertising of their Product, and its commercialization to SUBSCRIBERS. Applicable regulations may also require regulatory measures, such as obtaining licenses, permits, or authorizations from public authorities, as well as registrations in professional records and compliance with regulations issued by them. Tax or accounting rules may also apply. If you have any questions about how local laws apply to your business on the Platform or your relationship with Botgram, seek legal or accounting advice.

4.11. By accepting these Terms, the user declares that they are aware of and agree with their content and other applicable Botgram Policies, including the Privacy Policy. Botgram’s Policies are an integral part of these Terms and are incorporated into them by reference, even if presented in separate texts. In case of conflict, the rules of these Terms shall prevail over the conditions established in other Botgram Policies, except when specific provisions establish that a certain Policy prevails. These Terms and their updates also prevail over all prior proposals, understandings, or agreements, whether verbal or written, that may exist between the user and Botgram.

4.12. Botgram makes its best efforts to ensure the continuous and permanent availability of the Portal, but it is subject to extraordinary events, such as natural disasters, failures, or collapses in central communication systems and Internet access, or third-party events, which are beyond its scope of surveillance and responsibility.

4.13. Under no circumstances shall Botgram be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses resulting from:

(i) use or inability to use the Services;
(ii) unauthorized access to or alteration of user transmissions or data;
(iii) statements or conduct of third parties on the Services; or
(iv) any other matter related to the Services, even if Botgram has been informed of the possibility of such damages.

4.14. Visitors and Users do not have any right to demand the availability of the Portal as it suits them, nor can they claim compensation or reparation for damages in the event that the Portal remains offline, regardless of the reason.

4.15. Visitors and Users are responsible for their navigation of external links provided on the platform and should be aware that by clicking on these links, they will be directed to sites external to the Botgram platform. Botgram is not responsible for the content, practices, policies, or any other matters related to these external sites, and it is up to the users to read the Terms of Use and Privacy Policy of each accessed site.

4.16. Botgram is not responsible for the actions taken by its Visitors and Users within the environment provided by the Portal, and each user should be held accountable according to how they use the platform.

4.17. Botgram may, at its sole discretion and convenience, or by court order, delete or suspend the access account of a particular user of its Portal due to suspicion of inaccuracy of information or criminal practice of any act. This ability does not exempt Visitors and Users from always providing true data and conducting themselves in a manner consistent with the purpose of the Portal and their registration on it.

4.18. Although the deletion or suspension of a user’s access account to its Portal is possible, Botgram emphasizes that it has no influence over the content posted and shared by Users, nor does it have any control over what Users share in their Groups and/or Channels in External Channels. Botgram does not remove or censor content from said External Channels, and anyone who feels harmed should report the content directly on the Channel where the Offensive Content was made available.

4.19. Botgram reserves the right, when requested by third parties with just cause, to notify the OWNERS, via the email registered with Botgram and/or by direct notification on the platform, of any requests, accusations, or information brought to Botgram’s attention. The deletion of a club registered on the platform is at the sole discretion of Botgram.

5. Services Provided by Botgram

5.1. Management Services for External Channels

5.1.1. The Payment Management Service includes:

a. Creation of a standard page so that Subscribers can acquire permission to access the Content posted on the Owner’s External Channels.

b. Subscription charge via credit card, bank slip, or PIX, according to the plan selected by the Subscriber through the payment platform.

c. Automatic addition and/or permission of the Subscriber who acquires the Owner’s Club (private channel or group) subscription, in the External Channels, obtaining access to the exclusive Content of the contracted subscription.

d. Automatic exclusion of the Subscriber who is in default regarding their subscription to the Owner’s Club, in the External Channels, with their access to the exclusive Content provided within the Owner’s club being removed.

e. Creation of the Club, in the Owner’s Area on the Botgram platform, where the Owner will have access to their SUBSCRIBERS’ information, send subscription invitations, create access plans for SUBSCRIBERS, add and remove administrators, enabled payment methods, club status, and other account settings.

5.1.2 From the moment the Management Service is contracted, the Owner agrees to perform the practice of adding and removing Subscribers only for those who have acquired a plan from the Owner through the subscription link generated by the Botgram Platform, being aware that the manual practice of adding and removing Subscribers outside the Platforms may result in the suspension or deletion of the Owner’s account on External Channels and data discrepancies between the External Channels and the Platform.

5.1.3 The Owner also acknowledges that the practice of adding and removing Subscribers from the follower list by other means outside the Platforms may cause inconsistencies in the provision of the Services described herein, as well as in the calculation of payments due, so Botgram is not responsible for such inconsistencies nor for the access of accounts manually added to the Content.

5.1.4 Users must follow all rules, guidelines, terms of use, policies, and relevant legislation of the External Channels, as well as any other External Channel registered with the Botgram Services. By integrating their External Channels with Botgram Services, the User acknowledges being aware of and agrees to comply with the terms and conditions of third-party platforms, assuming full responsibility for compliance with these rules. Botgram is not responsible for any violations of third-party platform rules or policies by Users and Owners.

5.1.5 If the account, club, and/or profile of the Owner on External Channels is suspended or deleted, Users acknowledge that they will not be able to request any civil reparation from Botgram, nor claim contractual breach by Botgram. The User is solely responsible for their account and profile on External Channels, as well as the Owner for fulfilling the delivery of the products and content disclosed and promised, in addition to complying with the rules and policies established by these third-party platforms.

5.1.6 Botgram may, at its sole discretion and convenience, suspend, block, cancel, and/or delete accounts of Users or Owners who do not follow the guidelines and rules established by these policies or third-party platforms. These measures aim to maintain the integrity and quality of the services offered by Botgram.

5.1.7 The Platform uses Bots to remove Subscribers who do not belong to the Group/Club and/or who are in arrears.

5.1.8 According to the payment criteria defined by the Owner of a Group/Club, Botgram’s Bot may remove a Subscriber from a particular Group/Club if the corresponding payment is not identified, according to the grace period chosen by the Owner, counting from the invoice due date.

5.1.9 Botgram is not responsible for sales made outside the platform, therefore, in these cases, we do not have this information to judge whether a user should or should not be excluded due to default. It will be the responsibility of the Owner to ensure the Subscriber’s return to the group manually, if deemed appropriate, or direct the Subscriber to the checkout page created for their Club on Botgram.

5.1.10 In case of inconsistency and/or failure in any service performed by Bots, the USERS acknowledge that Botgram will have no responsibility regarding the matter, and no indemnities and/or any type of payment for losses or damages will be owed to the USER.

5.1.11 The Platform allows the Owner to receive and promote the management of payments resulting from participation in Product(s) under their administration.

6. Registration

6.1 By registering on the Botgram platform, the User agrees to all the conditions of these Terms of Use, which may be changed at any time by Botgram without prior notice.

6.2 The User commits to using the platform correctly and legally, respecting the laws, good faith, and these Terms of Use, and will be responsible for any damage caused to Botgram and/or third parties due to the breach of their obligations and/or guidelines set forth herein.

6.3 The User can have only one Profile with their registration details, but they can create and/or manage as many Bot Clubs, Groups, and/or Channels on Telegram as they wish.

6.4 The User is responsible for keeping their registration data updated and truthful.

6.5 To use Botgram’s services, you must register on the platform, providing truthful, complete, and updated information. You are responsible for maintaining the confidentiality of your password and account and for all activities carried out under your account. You must notify Botgram immediately of any unauthorized use of your account or any other security breach.

6.6 Every new club registered on our platform will undergo prior authorization, which may or may not be granted if it does not comply with our Terms of Use and/or Privacy Policy. If the use is not granted, Botgram is not obligated to disclose the reason for the decision. It is important to note that our bots do not have access to the content, which is the sole responsibility of the Owner.

6.7 At the time of registration, it will be necessary to provide a valid account, owned by you, from a payment platform or gateway enabled with the Botgram platform. Without this information, you cannot use Botgram’s service. As previously described, all financial and payment responsibilities follow the terms of use of the payment platform chosen by the Owner.

6.8 By registering, you will have an account that can only be accessed by you. If Botgram identifies any account created with false information, by users who, for example, do not meet the minimum age requirement, or use third-party accounts, that account will be automatically deleted.

6.9 You agree to keep your personal data updated. You also agree to protect your login and password from third parties and not allow others to use your account on Botgram. Thus, you declare yourself responsible for all actions performed on your account.

7. Who can use our Services?

7.1 Any individuals or legal entities can use our Services. For individuals, it is important to clarify that some specific conditions, such as the consent of a legal guardian if you are a minor, may be required.

7.2 We try to make Botgram’s Services widely available to everyone, but unfortunately, you will not be able to use them if:
a) You are under 18 years old (or below the legal minimum age in your country to use the Platform), unless your legal representative agrees to this agreement and our Privacy Policy;
b) policies;
c) We have previously deactivated your account for violations of our terms or you are prohibited from receiving our products, services, or software according to applicable laws;
d) You use the Services in violation of this Agreement and other Botgram Policies.

8. Payment

8.1. By the Owner:

8.1.1 For the provision of the Services, Botgram will receive compensation according to the plan chosen by the Owner.

Basic Plan (Standard Plan):
- For domestic sales (in BRL/R$), Botgram will charge 4.90% (four point ninety percent) of the gross amount paid by the Subscriber, plus a fixed fee of R$ 1.29 per transaction made within the club using Botgram’s checkout, whether it is web, telegram, or any other checkout that may be implemented in the future.
- For international sales (in USD, EUR, or other currencies), the compensation will be 4.90% of the transaction value, plus an additional fee of US$ 0.49 (forty-nine cents in dollars) per transaction. Currency conversion will be done according to the exchange rate table available at https://botgram.club/exchange-rates.
PREMIUM Plans:
- PREMIUM plans (Starter, PRO, and Deluxe) offer differentiated rates and additional benefits as detailed below:
  1. Starter Plan Domestic (sales in BRL/R$): Monthly fee of R$ 149.00 + 3.9% per transaction fee + R$ 1.19
  2. PRO Plan Domestic (sales in BRL/R$): Monthly fee of R$ 199.00 + 1.9% per transaction fee + R$ 1.09
  3. Deluxe Plan Domestic (sales in BRL/R$): Monthly fee of R$ 999.00 + 0.9% per transaction fee + R$ 0.99
  4. Starter Plan International (sales in USD, EUR, or other currencies): Monthly fee of US$ 29.00 + 3.9% per transaction fee + US$ 0.39
  5. PRO Plan International (sales in USD, EUR, or other currencies): Monthly fee of US$ 39.00 + 1.9% per transaction fee + US$ 0.29
  6. Deluxe Plan International (sales in USD, EUR, or other currencies): Monthly fee of US$ 199.00 + 0.9% per transaction fee + US$ 0.19

PREMIUM plans can be purchased either on a monthly or annual basis. For the annual option, the final amount corresponds to the total of the 12 monthly fees (i.e., 12 times the monthly fee). Botgram may, at its sole discretion, offer promotional discounts on the monthly fee for payments made in the annual plan. These discounts may be revoked or changed at any time.

8.1.2 The payment of the fee, when applicable to the plan chosen by the content creator, will be automatically debited from the Payment Platform account that will carry out the Split.

8.1.3 Gross revenue is understood as all amounts received from the transaction between the Owner and the Subscriber for the sale of access to the club provided by the Owner through Botgram, without any deductions for taxes or banking fees.

8.1.4 If any amount owed by the Owner to Botgram is pending compensation, Botgram may, at its sole discretion and at any time, retroactively deduct the owed amount from the sales made but not previously deducted by the Payment Platform.

8.1.5 The suspension, blocking, deactivation, and/or cancellation of any User’s registration, for any reasons provided in these Terms, does not exempt the User from any pending payments related to the Services provided by Botgram and does not result in the refund of amounts already paid.

8.1.6 Botgram may, at any time, change its service plans and the amounts above may be reviewed periodically to better suit the continuous improvement of the Services. Botgram may also adjust the above amounts annually, or more frequently if permitted by applicable legislation, according to the monetary correction established by the General Price Index of the Market (IGP-M), published by Fundação Getúlio Vargas, or any other applicable index. Any price changes or changes to subscription plans will be applied only 30 (thirty) days after notice is sent to the Owner.

8.1.7 The Owner acknowledges that after contracting the Services under these Terms, they give full and broad consent for Botgram to collect payments, according to the amounts specified by the Owner through the Botgram Platform, from the Subscriber, who is authorized by the Owner to access the respective club linked to that subscription, and Botgram may debit any pending amounts at any time that were not previously debited.

8.1.8 Under the terms of articles 52 and 54-B of the Consumer Protection Code, the Owner is required to inform the Subscriber in advance and appropriately about the actual total amount of the product in national currency and any legally foreseen additions, as well as the payment method that will be accepted, which may be a one-time payment for full access to the Content (“One-Time Payment”), which may be paid in full or in installments, or recurring monthly payments (“Recurring Payment”), clearly and overtly informing the Subscriber of any additions, discounts, differentiations, or changes in the amount due to the choice of One-Time Payment or Recurring Payment.

8.1.9 The access period to the Club’s Content may vary according to the payment method chosen by the Subscriber, meaning that if Recurring Payment is selected, access will be monthly, as long as payments are made by the Subscriber. If One-Time Payment is selected, the Member will have full access to the Content available in the Club until cancellation is requested, the time stated in the plan expires, or the Owner’s account is terminated with Botgram. The Owner is responsible for issuing invoices for the Services provided to Subscribers for all sales made through the link created by Botgram.

8.1.10 The Owner may, at any time, adjust the access fees for the Content, and the Subscribers must be notified of such changes in advance by the Owner. If the Subscriber disagrees with the adjustment, they may cancel their access until the next payment date.

8.1.11 The Owner may request the exclusion and/or change of the payment platform as a valid means of charging subscriptions with Botgram. The Owner acknowledges that from the date of the change or exclusion request, access granted to Botgram will remain available for a period of 60 (sixty) days to ensure compliance with the provisions of items 9 and 10 below.

8.2. By the Subscriber:

8.2.1. The Subscriber may, at their discretion, purchase and/or subscribe to the Product offered by the Owner through the links and invitations generated by Botgram or by accessing the Owner’s sales page (checkout page) on the platform, with the values and the duration of access being clearly stated on the Platform and accessible to the Subscriber at the time of purchase and/or subscription.

8.2.2. The Subscriber acknowledges that the subscription fee will be charged according to the options made available by the Owner and selected on the Platform, until the moment the Subscriber cancels the subscription, as per item 12 of these terms. In this case, the charge will cease starting the month following the cancellation request made by the Subscriber, who will be removed from the Club according to the timeframe set by the Owner, counting from the default and/or subscription cancellation.

8.2.3. Depending on the payment method chosen by the Subscriber, the applicable fees will be charged by the payment platform, which will be informed at the time of purchase and must be borne by the Subscriber.

8.2.4. The Subscriber acknowledges that Botgram has no responsibility if the credit card transaction is not completed and/or approved by the card issuer or payment platform.

8.2.5. In case of non-payment by the Subscriber, Botgram informs that the Subscriber will be excluded from the respective Club according to the timeframe set by the Owner from the default and/or subscription cancellation, with the Subscriber being able to reactivate the payment at any time and be re-included in the Owner’s Club, in accordance with the selected subscription, being considered as a new subscription.

8.2.6. One-Time Payment: The One-Time Payment is made only once, with a single price, which can be paid in full or in installments, according to the payment frequency set by the Owner in the subscription, for access to the club for the time announced by the Owner.

8.2.7. Recurring Payment: The Subscriber will have access to the Club for the period specified in the subscription, through recurring payments, which will be charged monthly (or according to the frequency set in the subscription plan) to the Subscriber’s credit card. To cancel the Subscription, the Subscriber simply needs to disable the payment method in the payment platform.

9. Right of Refund

9.1. Considering that this is an internet-based contract, Subscribers may request a full refund of the money spent on purchasing access to the Content within 7 (seven) days from the purchase date, without any charges, even if they have consumed part of the Content. Except when the Owner provides a grace period equal to or longer than 7 (seven) days, in which case Subscribers must request the cancellation of the purchase before the grace period ends to avoid new charges.

9.2. The refund must be processed within 30 (thirty) days from the receipt of the refund request by the Owner, who must complete the reimbursement.

9.3. The cancellation or refund request must be made through the Payment Platform itself.

9.4. The Owner must inform the Subscriber about the refund via email.

9.5. The refund must be made in the full amount paid by the Subscriber, including any amounts charged and/or withheld by Botgram. The Owner agrees that, except in the case of refunds for payments made by credit card through the Platform within 30 (thirty) days, amounts withheld due to the Services described here will not, under any circumstances, be refunded by Botgram or its business partners, and acknowledges that the amount owed to Botgram for the provision of Services will still be due, even if the Subscriber requests cancellation within the period set forth in clause 9.1.

9.6. If the Owner does not process the refund as required, Botgram reserves the right, with the express and irrevocable consent of the Owner granted hereby, to make the refund to the Subscribers at any time without prior notice and using the available funds in the payment platform account, as well as to block, suspend, or cancel the Owner’s account on the platform.

9.7. In case of difficulties in contacting the Owner and/or obtaining a refund, the Subscriber must contact Botgram through the support channels, reporting the issue. Botgram will contact the Owner and may, at its sole discretion, directly process the refund due to the Subscriber, as described in clause 9.6 above.

9.8. Owners are obligated to monetize their digital products through the Club Access Management Service only when they have a minimum amount of Content available for immediate access by Subscribers, on the date of the paid subscription. Under no circumstances may Owners sell subscriptions if there is no Content available for immediate access by Subscribers. Without prejudice to the other provisions of this Agreement, particularly regarding the waiver of liability, Botgram reserves the right to monitor compliance with this provision, and may, at any time and without prior notice, block or cancel the Owner’s account if they violate this.

9.9. Access to services provided by Botgram, of a subscription/recurrence nature, will provide the Subscriber with immediate and continuous access to the content available during the term of the subscription.

9.10. The Subscriber is aware that they have the right to request a full refund of the amount paid for the subscription within the first 7 (seven) days from the purchase date, if they are dissatisfied with the services provided.

9.11. From the second month of the subscription onward, the Subscriber will not have the right to a refund, understanding that the payment made implies the continuation of the services and access to the exclusive content provided by the Owner, for the duration of the subscription term.

10. Chargeback/Refund

10.1. The Owner is aware that in the case of a Chargeback/Refund, Botgram may accept it without prior notice and at any time, and the Owner is not entitled to act in these cases.

10.2. If the Owner has a considerably high number of chargebacks/refunds, at Botgram’s discretion, the Club and/or account may be canceled/blocked.

10.3. The Owner is aware that Chargebacks/Refunds may occur up to 180 (one hundred and eighty) days after payment is made by the Subscriber, meaning that in the case of Chargebacks/Refunds for amounts exceeding the available balance in the account, the Owner may incur debt, resulting in a debt that must be paid by the Owner to Botgram or the acquirer. Payment may be made via debit from the Owner’s account linked to Botgram at any time without prior notice, and Botgram may withhold the amounts due, both in relation to Chargebacks/Refunds and amounts owed to Botgram, regardless of the source of funds credited to the account, including from other wallets owned by the Owner.

10.4. Botgram reserves the right to cancel and then refund the amounts related to Chargebacks/Refunds to the Owner, for subscriptions derived from transactions deemed illicit, fraudulent, or in breach of these Terms, regardless of the date such transactions were made.

10.5. In case of cancellation of a chargeback dispute with the acquirer, card issuer, or card network, any fees and charges incurred due to the dispute will not be refunded. These fees may vary depending on the card network and issuer.

11. Copyright and Intellectual Property of the Portal

11.1. The information contained on the Platform, as well as trademarks, patents, industrial designs, trade names, domain names, programs, databases, networks, files, copyrighted works, media in general (audio, text, video, etc.), and any other intellectual property related to Botgram’s Services or contained on the Platform, are the exclusive property of Botgram, or have been regularly assigned or licensed to Botgram. These elements are protected by intellectual property laws and international treaties. It is prohibited to copy, distribute, use, or publish, in whole or in part, any material, any item from the Platform, or any Product offered on the Platform without prior written authorization from Botgram.

11.2. By accessing this Portal, Visitors and Users declare that they will respect all intellectual property rights and those arising from the protection of trademarks, patents, and/or industrial designs, filed or registered in the name of Botgram, as well as all rights relating to third parties that may be, or may have been, available on the Portal. Mere access to the Portal does not grant them any rights to use the names, titles, words, phrases, trademarks, patents, literary, artistic, musical works, images, data, and information, among others, that are or were available therein.

11.3. The reproduction of content described above is prohibited unless with prior written authorization from Botgram or if intended solely for personal use, without in any circumstance Visitors and Users acquiring any rights over them.

11.4. Visitors and Users assume all civil and/or criminal responsibility for the improper use of the information, texts, graphics, trademarks, works, images, and all intellectual or industrial property rights of this Portal.

11.5. Any other type of use of authorized material, including for editorial, commercial, or advertising purposes, may only be done with prior and express consent from Botgram. Visitors and Users are aware, by this item, that unauthorized commercial use may result in civil and criminal infractions, as it infringes the Copyright Law.

11.6. Any reuse of authorized material must be subject to a new authorization from Botgram.

11.7. Authorization for the use of the requested material may not be transferred to third parties, even if they are linked to the authorized party for any reason.

11.8. The use of the material does not authorize Visitors and Users to expose third parties to ridicule, create illegal, defamatory, obscene, or immoral works that may violate morals and good customs, under penalty of bearing the applicable penalties under current legislation.

11.9. Any use not covered by the mentioned authorization will be considered a violation of copyright and subject to the applicable penalties under Law No. 9610, of February 19, 1998, which protects copyright in Brazil.

11.10. The eventual removal of this Portal, resulting from any complaint about an advertisement, article, video, product, service, news, or photograph reproduced here, should always be understood as a demonstration of our intention to avoid issues related to this matter and never as an acknowledgment of any infringement by the Company of a third party’s rights.

11.11. The photos and images used on this Portal may not reflect their original size or the current situation of the reproduced scenario, being merely illustrative.

11.12. Unless a specific provision in a contract exists between Visitors and Users and Botgram, Users retain the copyright of the content they create or already own; however, when they submit it to the Portal, they grant an irrevocable, perpetual, worldwide, unrestricted, royalty-free, and non-exclusive license for reproduction, adaptation, modification, translation, publication, distribution, or exhibition on the Portal, enabling the best use of the tool or illustration of any product or service offered by it.

12. Default and Termination

12.1. These Terms shall be binding on Users for as long as their relationship with Botgram lasts, being automatically renewed until cancellation or the disclosure of subsequent terms.

12.2. Upon the end of the contracted subscription or in case of the Subscriber’s default, the Subscriber may be removed from access channels to the Content according to the period established by the Owner.

12.3. The Subscriber may cancel their subscription at any time. Payments already made are non-refundable, and neither Botgram nor the Owner offer refunds or credits for partially used periods or for Content not consumed by the Subscriber, except when exercising the right of withdrawal within 7 days from the date of the first payment.

12.4. Whether the Subscriber has made a One-Time Payment or Recurring Payment, they will lose access to the entire Content, and to access it again, they will need to register again and make a new payment, under the conditions in effect at the time of the new contract.

12.5. The Owner may cancel their relationship with Botgram at any time. Payments already made are non-refundable, and Botgram does not offer refunds or credits for partially used subscription periods or for Content not consumed by Users.

12.6. To cancel, the Owner must access their management panel and follow the cancellation instructions. Upon cancellation, their account will be automatically closed at the end of the ongoing billing period, and the cancellation will entail payment for sales made up to the month of the deactivation request, even if the sales were made in installments. In this case, if there is an outstanding balance with Botgram, the Owner authorizes Botgram to make the necessary withholdings from any available balance in their account, without prejudice to issuing invoices and collecting amounts that remain unpaid, which may accrue legal interest and monetary correction according to the IGPM, as well as a 10% fine on the outstanding amount.

12.7. The absence of access by the Owner on the Platform, without formal communication or proper deactivation of their account, does not allow the Owner to request the replacement of Splits made automatically. Therefore, without formal deactivation, the User’s account on Botgram will not be deactivated due to inactivity.

12.8. After the confirmation of the deactivation request, access to the Services will be terminated, including not allowing the creation of the link and recurring charges on the credit card of Subscribers who acquire access.

12.9. The Owner, when requesting the termination of this Agreement, is aware that Botgram will no longer be responsible for collecting payments from Subscribers who purchase access, nor for automatically adding or removing Subscribers who have paid or failed to pay for access to the Platform, assuming full responsibility for their actions, including any losses and damages caused.

12.10. The Owner’s account will only be deactivated after Botgram cancels all subscriptions from Subscribers associated with the account to be deactivated, and it is the Owner’s responsibility to ensure the availability of the Content until the end of the period paid by the subscribers or to issue a partial refund.

12.11. Botgram reserves the right, in case of a dispute or challenge by users with the payment platform, when a request has been made, to terminate this agreement regarding that User.

13. Blocking and Cancellation

13.1. In case of suspicion of any conduct contrary to this Agreement, Botgram may request information and explanations from the Owner, and in the event of an investigation for alleged fraud and/or any other wrongdoing by the Owner and/or any relation to the Services or Content provided, Botgram informs that it cooperates with the authorities involved, as per the applicable legislation.

13.2. Botgram may suspend, block, or cancel access to the Service for any reason and at any time, including in cases of unauthorized or suspicious use of the Service and/or Content, non-compliance with the Terms, or if we remove the Services and/or Content from the Platform. When suspending, blocking, or canceling access to the Service, Botgram will have no obligation or responsibility and will not refund any amounts already paid by the Owner, to the extent permitted by applicable law.

13.3. Suspension, blocking, deactivation, or cancellation of the account does not exempt the Owner from any pending payments for the Service provided by Botgram, even if the Service was not completed or if the Owner was unsuccessful in using the Platform, nor will it result in a refund of any amount paid.

13.4. In the event of suspicion or signs of any of the following situations, Botgram may notify the Owner to provide, within 5 (five) business days, clarifications regarding the conduct and, possibly, to prove that the conduct is legitimate:

a. Provision of false and/or fictitious registration information;
b. Bad faith action in using the Services;
c. Violation, by any means or form, of this Agreement;
d. Signs or suspicion of fraudulent, unethical, and/or illegal practices during the use of the service contracted from Botgram;
e. Any situations considered inappropriate by Botgram, at its sole discretion.

14. Your Commitment to Us

14.1 To use our Services, in addition to reading this Agreement in full, completing the registration, and accepting this Agreement, we need you to assume some obligations and commitments:

14.1.1 Provide us with truthful information. You will be solely and exclusively responsible, both civilly and criminally, for any and all information entered into the Platform, including Personal Data, residential address, registration, permissions granted, usage method, and the indication of a valid email address and mobile number in your ownership. Therefore, we ask that you provide truthful, accurate, current, and complete information about yourself.

14.1.2 Protect your information. Your registration is personal, unique, and non-transferable. Therefore, do not share access codes or passwords with third parties, do not allow third parties to access your login, and do not transfer your account to another person.

14.1.3 Be cordial. USERS who, in any way, make offensive remarks, insults, and/or any discriminatory treatment towards Botgram’s collaborators, through technical support platforms, may have their accounts suspended and registrations blocked indefinitely at any time.

14.1.4 Do not misuse the Platform. Be careful, as any use of our Services that disrespects the law, our Terms of Use, and other Policies may result in account suspension, removal of Content, or even account deactivation. Therefore, the USER may not use it for purposes other than those proposed in our Policies, such as for:

a. Violating the rights of others, providing illegal, misleading, discriminatory, criminal, and/or fraudulent information to promote violence, crimes, hate speech;
b. Inserting viruses, malicious codes, promoting cyberattacks and/or social engineering with our brands, software, and Services, as well as doing anything that may disable, overload, or harm the proper functioning of the Platform;
c. Inserting Content and photos of a pornographic nature, that undermine dignity and social peace, as well as infringe explicitly on current Brazilian legislation;
d. Publishing advertisements or services that are socially exclusive and/or discriminatory, which in any way violate the Federal Constitution and constitutional principles, current legislation, or the rights of third parties, expressly prohibiting the publication of Content or advertisements that refer to discriminatory matters related to age, race, ethnicity, health conditions (including pregnancy), sexual orientation, family aspects, gender, political, religious, philosophical beliefs, social origin, nationality, or any other forms of discrimination, except when the nature of the activity to be carried out, publicly and notoriously, requires it.
e. Using applications, tools, mechanisms, resources, solutions, etc., that violate the privacy of personal data holders or whose use is considered in violation of the LGPD by the ANPD and/or supervisory authorities, with the USER being fully responsible for any damages or fines;
f. Violating intellectual property rights of the Platform, as well as Botgram;
g. Publishing Content that infringes copyright and/or the intellectual property of third parties;
h. Creating Illicit Products with criminal and/or fraudulent objectives and/or indications;
i. Creating Resale Products. Reselling information and/or tips between Products, whether through Resale Products or any other means.

14.2 Content Guarantee. The Owner guarantees that they are the sole and legitimate owner of all rights, including intellectual property rights, related to the Content, or that they have the necessary authorizations to use it, in case the Content is not owned by them, ensuring that the Content entered into the Platform does not infringe any third-party rights.

14.2.1 In case a third party and/or Subscriber notifies Botgram, claiming the illegality, in any way, of the Content provided by the Owner in the Clubs they manage on the Platform, even though Botgram has no access or control over this content, Botgram may suspend the Club and the provision of services until the Owner proves they have obtained judicial authorization to broadcast it. This does not guarantee that the content will be published by Botgram, since it has no power to remove content from External Channels.

14.2.2 The Owner agrees to defend Botgram in any claims or lawsuits, whether judicial or not, filed against it and in which it is alleged that applicable legislation (in all countries where the Content is made available) or third-party intellectual property rights or any other type of rights were violated due to the use or disclosure of the Content by the Owner. The Owner further agrees to indemnify Botgram for all losses, damages, costs, and expenses (including attorney’s fees and legal costs) resulting from such claims.

14.3 Under no circumstances may the Owner imply that their Content is sponsored, recommended, or that Botgram participated in its dissemination.

15. Our Guarantees and Limits of Liability

15.1 Botgram works continuously to provide the Platform to you, however, it will be licensed as is and we cannot guarantee that it will be free of errors, function without interruptions, delays, or imperfections. Therefore, our responsibility is limited to the maximum extent permitted by applicable law and, under no circumstances, shall we be liable to you for any failure in the transmission or reception of data, business interruption (including our business!), commercial loss, profits, revenues, information or data, or for any incidental, special, indirect, exemplary, punitive or accidental damages arising from or related to this Agreement or the Platform, even if we have been advised of the possibility of such damages.

15.2 In addition to the provisions in this Agreement, Botgram will not be responsible, under any circumstances, including on a solidary or subsidiary basis, for:

15.2.1 The inclusion of false, inconsistent, inaccurate, incomplete information, or information that leads to any deception, false judgment, or decision-making that causes harm to the USER, considering that all Content made available on External Channels will be inserted by the USERS themselves;

15.2.2 Issues in the USER’s physical and logical network;

15.2.3 Any losses and damages, lost profits or consequential damages, the causes of which can be attributed, directly or indirectly, to the provision, use, or performance of the Platform, including, but not limited to, inconsistencies and/or failures occurring in the operation of Bots;

15.2.4 Cases of force majeure, such as cyberattacks, wars, fires, floods;

15.2.5 The removal of the Telegram platform by third parties, judicial decisions, and/or due to reasons beyond Botgram’s control;

15.2.6 Content that you, other USERS, or third parties publish, send, or receive through the Platform. Botgram is exempt from and assumes no responsibility for the conduct of any other User, inside or outside the service;

15.2.7 Issuance of invoices by the Owner, including via integrations provided by Botgram, in violation of applicable legal rules and/or with incorrect and/or inappropriate data, considering that Botgram has no management or control over such issuances;

15.2.8 Any result arising from the integration of the Botgram Platform with any other platforms.

15.3 Disclosed Content. The Owner who inserts and discloses content on External Channels, whose input/output is managed by Botgram’s bots, will be solely responsible and will bear all costs and damages that may be caused to third parties, of any nature, especially civil and criminal, obligating them to indemnify Botgram or any third party harmed.

15.4 External Links. The Platform may contain links to other websites or applications, and Botgram does not control or endorse any third-party Service. The USER agrees that accessing such applications is their sole and exclusive responsibility and in accordance with the terms of use and privacy policies of such sites.

15.5 Third-Party Products/Services. The USER is aware that third-party contacts and recommendations of products and services disclosed in Groups are stored and organized for future consultation by USERS within the groups, without any access by Botgram to the content. The Content and the veracity of such recommendations and indications are the sole and exclusive responsibility of the USERS themselves, and Botgram is not responsible for the availability, accuracy, or quality of the products and services recommended on the Platform. The use and trust placed in them are the sole and exclusive responsibility of the USER.

15.6 Removal of Content. Botgram does not have any access or power to remove content made available in the Owners’ Groups and Channels created with the External Channels, so it has no management, access, or power to remove this content. In such cases, we recommend reporting it according to the Telegram terms of use. However, when possible, Botgram reserves the right to notify Owners, at its sole discretion, regarding reports it may receive.

15.7 You agree that using the Service does not create any employment, agency, or representation relationship between any USERS and Botgram.

16. Term

16.1 This Agreement will be in effect for an indefinite period, starting from the date of Acceptance. Your registration will remain valid and active as long as your login remains active. You may deactivate it by stopping the use of the Platform at any time. Non-use does not result in cancellation. Through our communication channels, you must request cancellation so that your account is deactivated and your data is deleted or anonymized.

16.2 Botgram may cancel your account at any time, without prior notice, if it believes that you have violated this Terms of Use, without any right to compensation or indemnification. After the cancellation of your account, this Agreement will be terminated, and the USER will be liable for any losses and damages they cause.

16.3 Botgram may also stop licensing the Platform to the USER in the event of changes to the Services offered or this Agreement or if we cease our activities.

17. Intellectual Property, Use, and Improvements

17.1 You understand and agree that the Services offered are owned by Botgram, and are protected by intellectual property rights.

17.2 This Agreement and the Services, software, and platforms provided by Botgram are mainly governed by the provisions of Law 9.609/98 and Law 9.610/98, with violators subject to the penalties of the crimes outlined in these laws, without prejudice to civil liability for any damages resulting from violations of Botgram’s or its commercial partners’ intellectual property rights, including, but not limited to, unauthorized access by third parties.

17.3 Therefore, Botgram will grant non-exclusive, non-transferable licenses to use software owned or licensed by Botgram as part of the Services. It is expressly prohibited and forbidden for you to engage in any procedure that involves:

(i) reverse engineering, decompiling, disassembling, translating, adapting, and/or modifying the Services, platforms, and software owned or licensed to Botgram, or any conduct that would allow access to the source code;
(ii) copying, assigning, sublicensing, selling, renting, using as collateral, reproducing, donating, alienating in any way, transferring in whole or in part, by any means, whether free or for a fee, temporarily or permanently, the System and/or the Services, as well as their modules, parts, manuals, or any related information;
(iii) modifying the characteristics of the program(s) or module(s) that make up the Services, platforms, and software owned or licensed to Botgram, expanding or altering them in any way;
(iv) creating programs that modify, include, or exclude data specified in the data dictionary of the Services, platforms, and software owned or licensed to Botgram, where applicable;
(v) creating derivative works, and the rights notices in the Services, platforms, and software owned or licensed to Botgram cannot be destroyed, hidden, or altered.

17.4 The Platform will be constantly improved by Botgram, as deemed necessary and convenient, which may involve temporary suspension of services for improvements made by Botgram, as well as the possibility of stopping updates or even discontinuing it at any time. All modifications, improvements, and corrections made will be subject to this Agreement.

17.5 Botgram is always open to receiving suggestions for improvements to the Platform. However, we will evaluate these suggestions, but we are not obligated to implement them. If we accept any, all intellectual property rights over these additions or improvements will belong to Botgram.

17.6 You will have access, regardless of any request, to improvements in functionality, fixes, and/or new features of the Platform eventually developed/implemented by us.

18. Personal Data Processing

18.1 The Owner, as the data controller, is aware that they must comply with Law No. 13.709/18 - General Data Protection Law (LGPD) and, regarding personal data processing, undertakes to:

18.1.1 Process Personal Data based on at least one legal basis, respecting the principles of purpose, adequacy, necessity, non-discrimination, and the rights of personal data subjects;

18.1.2 Comply with the requests of the Supervisory Authorities and the Personal Data Subjects;

18.1.3 Ensure the confidentiality of Personal Data.

18.2 Botgram, as the operator, also undertakes to comply with the LGPD and its privacy policy, and must:

18.2.1 Process Personal Data only for the purposes of this Agreement;

18.2.2 Adopt technical, administrative, and organizational measures adequate to the nature of its activities and the financial capacity to protect Personal Data;

18.2.3 Ensure the confidentiality of Personal Data, by itself, its employees, and subcontractors;

18.2.4 Assist the Owner in requests from Supervisory Authorities and Personal Data Subjects;

18.2.5 Inform the Owner, within a reasonable or legal time frame, of receiving any request from Personal Data Subjects.

19. Final Considerations

19.1 Image, Name, Voice, and Copyright License. USERS expressly authorize Botgram to use and broadcast their image, name, and voice through any vehicle, process, or communication and advertising medium, including any institutional documents, banners, magazines, TV and radio programs, websites, panels, videos, various materials, digital platforms, social networks, and any other communication and/or publication media that may be created, used for disclosure by Botgram, without the need for prior notice.

19.2 News. Due to your use of the Platform, we may send you advertisements, marketing communications, administrative messages, and other information we deem relevant to you, all in accordance with our Privacy Policy. However, if you no longer wish to receive such communications, you may deactivate some of them by contacting us through the channels provided at the end of this Agreement.

19.3 Confidentiality. Both we and you have the duty and obligation to maintain confidentiality and not to disclose to third parties, under any circumstances, information arising from our Services. Thus, each of us will treat strictly confidential information brought to its knowledge by the other Party and will use it only within the scope of the services agreed upon. “Confidential Information” refers to all exclusive information of one Party (“Disclosing Party”) disclosed to the other Party (“Receiving Party”), whether verbally or in writing, that is marked as confidential or should reasonably be considered confidential due to the nature of the information, especially regarding the information you provide at the time of registration or later, which will be used for the purposes of this Agreement. Each Party agrees to protect the confidentiality of the Confidential Information of the other Party in the same way it protects the confidentiality of its own exclusive and confidential information of the same type. We will keep all information you input into our Platform strictly confidential, in accordance with the provisions of our Privacy Policy.

19.4 Successors and Assigns. The provisions of this Agreement bind and benefit the Parties and their respective successors and assigns. It is stipulated that neither Party may assign, delegate, or otherwise transfer any of its rights or obligations under this Agreement.

19.5 Tolerance. Any omission or delay by either Party in requiring compliance with any term or condition of this Agreement by the other Party, or in exercising any right, prerogative, or remedy provided herein, will not constitute a novation nor imply a waiver of the future possibility of requiring compliance with such term, condition, right, prerogative, or remedy.

19.6 Independence of Clauses. Each clause, item, subsection, period, and sentence of this Agreement constitutes an independent and separate commitment or provision. Whenever possible, each clause of this Agreement should be interpreted so as to remain valid and effective under applicable law. If any clause of this Agreement is deemed unlawful, such clause will be judged separately from the rest of the Agreement and replaced with a lawful and similar clause that reflects the original intentions of the Parties, in accordance with the limits of the law, with all other clauses remaining in full force.

19.7 Our communication channels. If you wish or need to contact Botgram for any questions regarding the Platform, we are available to assist you from 9 a.m. to 6 p.m. (Brasília time), Monday to Friday, through the following contacts: support available on the Website (https://botgram.club/blog/help), Whatsapp (+55 (11) 97283-8320), email: atendimento@botgram.club, and Telegram: @botgram_suporte.

19.7.1 Botgram reserves the right to consider the request resolved and close the support process if, after 10 (ten) days from Botgram’s response to the USER, no reply is received.

19.7.2 Botgram commits to responding to your request within 2 (two) business days from the date the request is made.

19.8 Applicable Law. This Agreement, as well as the rights and obligations herein, will be governed and interpreted by the laws of the Federative Republic of Brazil, particularly Law 10.406/02 (“Brazilian Civil Code”).

19.9 Forum. By accepting this Agreement, we elect the court of the city of Jundiaí, State of São Paulo, as the forum to settle any disputes arising from this Agreement, expressly waiving any other, no matter how privileged it may be.

• I declare that I have read, accepted, and am aware of the conditions specified above.

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