Terms of Service

These Terms of Service ("Terms") form a binding agreement between you (or the organization you represent — "you", "Customer") and Human Growth & Freedom LTDA (trade name Whispa), a Brazilian limited liability company, CNPJ 62.213.634/0001-80, with registered address at Avenida Victor Civita, 235, Casa 49, Tambore, Santana de Parnaíba — SP, 06544-072, Brazil ("Criation", "we", "us"). They govern your access to and use of the Criation.io platform, application programming interfaces, tracking scripts, documentation, and any related services (collectively, the "Service").

By creating an account, accepting an invitation to a workspace, or otherwise using the Service, you confirm that you have read, understood and agreed to these Terms and to our Privacy Policy. If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization.

• "Account" — the individual login credentials and profile associated with a natural person.
• "Workspace" — an isolated tenant within the Service that contains a customer's data, configurations, and connections. A Workspace may have one or more members.
• "Credits" — the unit of consumption for Service features such as analyses and AI-assisted diagnostics. Credits are allocated to a Workspace monthly as part of the subscription plan.
• "Customer Data" — any data, content, or information that you, your workspace members, or end users of your websites submit to the Service or that the Service collects under your instructions.
• "Third-Party Platform" — any external service that the Service connects to under your authorization, including advertising platforms (Google Ads, Meta) and payment gateways (Hotmart, Kiwify, Eduzz and similar).

• You must provide accurate registration information and keep it updated.
• You are responsible for safeguarding your credentials and for any activity carried out under your account.
• You must promptly notify us at me@heywhispa.com of any unauthorized use or security incident affecting your account.
• You must be at least 18 years old to use the Service. The Service is not intended for use by minors.

You agree not to use the Service to:

• violate any law or regulation, or the terms of any Third-Party Platform you connect (including Google Ads policies and Meta business platform policies);
• upload, transmit, or store data that you do not have the right to process (including personal data of individuals from whom you do not have a valid legal basis);
• attempt to gain unauthorized access to the Service, its underlying infrastructure, or to other customers' workspaces;
• reverse engineer, decompile, or otherwise attempt to derive source code from the Service, except where such restriction is prohibited by law;
• use the Service to send unsolicited messages, fraudulent conversion events, or to manipulate advertising attribution in violation of platform rules;
• probe, scan, or test the vulnerability of the Service without our prior written consent, except in compliance with a published security disclosure policy if one exists.

5.1 Plans

The Service is offered under monthly subscription plans (currently Pro, Advanced, and Enterprise). Each plan includes a monthly allocation of Credits and may include additional features as described on the pricing page or in your order form. Pricing, features, and Credit allocations are subject to change with at least 30 days' notice for existing subscriptions.

5.2 Credits

• Credits are consumed when you run analyses or trigger features that have a Credit cost. Credit costs per feature are published in the application.
• Credits allocated in a given monthly cycle do not roll over to the next cycle and expire at the end of the cycle, except where a specific plan explicitly states otherwise.
• Credits have no cash value, cannot be exchanged for cash, and are not refundable except as required by applicable law.

5.3 Billing

• Brazilian customers are billed in Brazilian Real (BRL) through Asaas. International customers are billed in US Dollars (USD) or other supported currencies through Stripe.
• Subscriptions renew automatically at the end of each billing cycle at the then-current price unless cancelled before renewal.
• Fees are charged in advance for each cycle. Failed payments may result in suspension of access until the balance is settled.
• All fees are exclusive of taxes; you are responsible for any applicable taxes, except for taxes on our net income.

5.4 Cancellation and refunds

• You may cancel your subscription at any time from the application. Cancellation takes effect at the end of the current billing cycle; you retain access until then.
• Except as required by Brazilian consumer law (including the right of regret for new consumer subscriptions within 7 days), or where we have failed to deliver the Service as agreed, fees are non-refundable.

• You retain all rights, title, and interest in your Customer Data. You grant Criation a limited, worldwide, non-exclusive, royalty-free license to host, copy, process, transmit, and display your Customer Data solely to provide and improve the Service.
• For personal data captured on your websites, you are the controller and Criation is the processor (operador, under LGPD). You are responsible for obtaining the legal basis (including consent, where required) for processing of personal data of your end users.
• Our handling of personal data is further described in our Privacy Policy.

• When you connect a Third-Party Platform to the Service (for example, by authorizing OAuth access to your Google Ads account or Meta business account), you authorize Criation to access and process data from that platform on your behalf, strictly to deliver the integration you configured.
• You are responsible for your relationship with each Third-Party Platform, including compliance with their terms, accuracy of the data you send through the integration, and revocation of access when you no longer want Criation to use it.
• We are not responsible for the availability, performance, or policies of Third-Party Platforms, or for any data they handle outside of the integration we provide.

• The Service, including all software, documentation, designs, trademarks, and other materials, is owned by Criation or our licensors and is protected by applicable intellectual property laws.
• We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service during the term of these Terms, solely for your internal business purposes.
• Feedback you provide about the Service is not confidential, and you grant us a perpetual, irrevocable, royalty-free license to use it to improve the Service.

• We aim to keep the Service available, but we do not currently commit to a contractual uptime SLA. We may perform maintenance that requires temporary downtime.
• We may modify, add, or remove features at any time. We will give reasonable advance notice for material changes that materially reduce the functionality you rely on.

The Service is provided "as is" and "as available". To the maximum extent permitted by applicable law, Criation disclaims all warranties, whether express, implied, statutory, or otherwise, including any warranty of merchantability, fitness for a particular purpose, non-infringement, or that the Service will be uninterrupted, error-free, or fully secure.

Analyses, diagnostics, and AI-assisted recommendations generated by the Service are provided for informational purposes and do not constitute professional advice. You are responsible for the decisions you make based on them.

To the maximum extent permitted by applicable law, Criation will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or in connection with your use of the Service.

Our total aggregate liability for any claim arising out of or relating to these Terms or the Service will not exceed the greater of (a) the fees you paid to us for the Service in the 12 months preceding the event giving rise to the claim, or (b) one hundred Brazilian Reais (R$ 100,00).

Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law, including liability for willful misconduct.

You agree to defend, indemnify, and hold harmless Criation and its officers, employees, and contractors from and against any third party claims, damages, costs, and expenses (including reasonable attorneys' fees) arising out of: (a) your Customer Data; (b) your use of the Service in violation of these Terms, applicable law, or the terms of any Third-Party Platform; or (c) your alleged infringement or misappropriation of any third party right.

• You may terminate your subscription at any time from the application; termination follows the cancellation rules in section 5.4.
• We may suspend or terminate your access immediately if you materially breach these Terms, if continued provision of the Service would expose us to legal or security risk, or if your account remains unpaid after a grace period.
• On termination, your access to the Service ends and we will delete or anonymize your Customer Data within the timeframes set out in our Privacy Policy, except for records we are required to retain for legal or accounting purposes.
• Sections that by their nature should survive termination (including sections 6, 8, 10, 11, 12, and 14) will so survive.

These Terms are governed by the laws of the Federative Republic of Brazil, without regard to its conflict of law provisions. Any dispute arising out of or in connection with these Terms or the Service will be submitted to the courts of the District of Santana de Parnaíba, State of São Paulo, Brazil, to the exclusion of any other, however privileged.

This section does not affect non-waivable rights you may have under Brazilian consumer law as an individual consumer.

We may update these Terms from time to time. When we make material changes, we will notify you by email and update the "Last updated" date at the top of this page. Continued use of the Service after a change becomes effective constitutes acceptance of the updated Terms.

For any questions about these Terms, please contact:

• Human Growth & Freedom LTDA (Whispa)
• CNPJ 62.213.634/0001-80
• Avenida Victor Civita, 235, Casa 49, Tambore, Santana de Parnaíba — SP, 06544-072, Brazil
• me@heywhispa.com