Terms of Service

Important: By accessing or using ZappWay, you agree to be bound by these Terms of Service. Please read them carefully before using our services. If you do not agree, you may not use ZappWay.

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🔢 Table of Contents

1. Acceptance of Terms
2. Eligibility
3. Description of Services
4. Account Registration and Security
5. Subscription Plans and Billing
6. Acceptable Use Policy
7. Your Content and Data
8. Intellectual Property
9. AI Employee Responsibilities
10. Data Protection Obligations
11. Third-Party Services and Integrations
12. Availability and Service Levels
13. Disclaimers and Warranties
14. Limitation of Liability
15. Indemnification
16. Suspension and Termination
17. Modifications to the Service and Terms
18. Governing Law and Dispute Resolution
19. General Provisions
20. Contact Information

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1. Acceptance of Terms

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Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User”, “you”, or “your”) and ZappWay Tech. (“ZappWay”, “we”, “us”, or “our”), registered at Avenida Brigadeiro Faria Lima, 1811, Esc 1120, Jardim Paulistano, São Paulo/SP, CEP 01452-001, Brazil. By doing any of the following, you confirm that you have read, understood, and agree to be bound by these Terms:

• Accessing or browsing our website at zappway.ai
• Creating a ZappWay account
• Using any ZappWay feature, tool, or service
• Clicking “I agree” or any equivalent acceptance mechanism
• Deploying or interacting with a ZappWay AI Employee

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Additional Policies

These Terms incorporate by reference the following policies, which form an integral part of this agreement:

• Privacy Policy: How we collect, use, and protect personal data
• Cookie Policy: How we use cookies and tracking technologies
• GDPR/LGPD Compliance: Our data protection compliance framework

In case of conflict between these Terms and any additional policy, these Terms shall prevail unless the additional policy explicitly states otherwise.

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Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated with at least 30 days’ notice via email or platform notification. Your continued use of ZappWay after changes take effect constitutes acceptance of the updated Terms.

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2. Eligibility

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Age Requirements

ZappWay services are intended for adults. You may use ZappWay only if:

• You are at least 18 years old (LGPD — Brazil)
• You are at least 16 years old (GDPR — European Union, or the minimum age established by your member state)
• You meet any higher age requirement imposed by the laws of your jurisdiction

By using ZappWay, you represent and warrant that you meet the applicable age requirement. If you are using ZappWay on behalf of a minor under your guardianship, you assume full legal responsibility for their use.

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Legal Capacity

You must have the legal capacity to enter into binding contracts in your jurisdiction. If you are using ZappWay on behalf of a company, organization, or other legal entity, you represent that you have the authority to bind that entity to these Terms, and all references to “you” shall apply to that entity.

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Jurisdictional Compliance

You are responsible for ensuring that your use of ZappWay complies with all laws and regulations applicable in your jurisdiction. You may not use ZappWay if doing so would violate the laws of your country or region.

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Prohibited Users

You may not create or maintain a ZappWay account if:

• You have been previously suspended or banned from ZappWay
• You are a person or entity subject to applicable trade sanctions or export control laws
• Your use would violate any applicable law or regulation

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3. Description of Services

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What ZappWay Offers

ZappWay is an AI-powered platform that enables users (“AI Employee Creators”) to build, deploy, and manage AI Employees — intelligent agents capable of automating conversations, collecting data through forms, answering queries, and integrating with third-party tools. The core services provided by ZappWay include:

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A. AI Employee Builder

• Creation and configuration of AI Employees with custom instructions, personas, and behaviors
• Training on custom datasets, documents, and knowledge bases (Datastores)
• Publishing AI Employees to web, forms, chat interfaces, and integrations
• Performance monitoring, analytics, and conversation logs

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B. Datastores

• Upload and management of documents, files, and structured data
• Vector-based semantic search and retrieval for AI Employees
• Secure storage and versioning of knowledge base content
• Permissions management and access controls

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C. Forms and Data Collection

• Creation of AI-powered forms linked to AI Employees
• Collection and storage of end-user responses
• Data export in CSV and other structured formats
• Webhook and integration support for form data

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D. Integrations and API

• Native integrations with third-party tools (e.g., Zapier, Slack, and others listed in our documentation)
• RESTful API access for programmatic control of AI Employees and data
• API key management and usage monitoring
• Webhook configuration for real-time data flows

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E. Analytics and Monitoring

• Usage dashboards and performance metrics
• Conversation logs and interaction histories
• Error tracking and system health monitoring
• Export of analytics data

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Service Evolution

ZappWay continuously develops and improves its platform. We may add, modify, or discontinue features or services at any time. When we discontinue a significant feature, we will provide reasonable notice to affected users.

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Service Limitations

ZappWay does not warrant that:

• AI Employee responses will be accurate, complete, or error-free
• The platform will be available uninterrupted at all times
• AI-generated content will meet any specific professional standard or regulatory requirement
• Any integration with a third-party service will remain available or unchanged

You are responsible for evaluating the suitability of ZappWay for your specific use case, particularly in regulated industries such as healthcare, legal, financial services, and education.

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4. Account Registration and Security

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Account Creation

To access ZappWay services, you must create an account by providing:

• A valid full name
• A valid and active email address
• A secure password
• Any other information requested during registration

You agree to provide accurate, current, and complete information during registration and to keep this information updated throughout the term of your account.

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Account Credentials

You are solely responsible for:

• Maintaining the confidentiality of your account credentials (email, password, API keys)
• All activities that occur under your account, whether or not authorized by you
• Immediately notifying ZappWay of any unauthorized access, suspected breach, or suspicious account activity at security@zappway.ai

ZappWay will never ask you for your password via email, chat, or any channel outside the official platform interface.

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Multi-Factor Authentication

ZappWay offers multi-factor authentication (MFA) for all accounts. We strongly recommend enabling MFA. If a security incident occurs and MFA was not enabled, ZappWay’s liability for unauthorized access may be limited accordingly.

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Account Sharing

Your account is personal and non-transferable. You may not:

• Share your credentials with third parties
• Allow multiple individuals to access a single personal account
• Sell, rent, or transfer your account to another person or entity

Enterprise and team plan users may invite additional members within the limits of their subscription. Each member must have their own individual account.

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API Keys

API keys generated through ZappWay grant programmatic access to your account. You are responsible for:

• Storing API keys securely and never exposing them in client-side code, public repositories, or unsecured environments
• Rotating keys immediately if you suspect compromise
• Monitoring API usage for unauthorized activity
• Revoking and regenerating keys as needed

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5. Subscription Plans and Billing

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Available Plans

ZappWay offers subscription plans on a recurring basis, including free and paid tiers. The features, limits, and pricing for each plan are described on our Pricing Page, which may be updated from time to time. Current plan categories include:

• Free Plan: Limited access to features, subject to usage quotas
• Starter Plan: Expanded features for individual users and small teams
• Pro Plan: Full feature access with higher usage limits
• Enterprise Plan: Custom limits, dedicated support, and additional compliance features

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Billing Cycle

Paid plans are billed on a monthly or annual basis, as selected at the time of subscription. Annual plans may offer discounted pricing relative to monthly billing.

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Payment Processing

All payments are processed by Stripe, a third-party payment processor. By providing payment information, you authorize ZappWay to charge your selected payment method for all fees incurred. ZappWay does not store your full credit card information. Payment method details are stored and managed by Stripe in accordance with their PCI DSS Level 1 certification. Stripe’s terms and privacy policy apply to payment data.

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Pricing and Taxes

All prices are displayed in US Dollars (USD) unless otherwise indicated. Prices are exclusive of taxes. You are responsible for any applicable taxes, including but not limited to VAT (EU), ISS (Brazil), or any other sales, use, or withholding tax required by your jurisdiction.

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Automatic Renewal

Subscriptions renew automatically at the end of each billing cycle unless cancelled before the renewal date. You will receive a reminder notification prior to renewal. You authorize ZappWay to charge the renewal amount to your payment method on file.

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Plan Changes

• Upgrades: Take effect immediately. The price difference is prorated for the remainder of the current billing cycle.
• Downgrades: Take effect at the start of the next billing cycle. No prorated refund is issued for the current cycle.
• Usage overages: If you exceed plan limits, ZappWay may restrict access to affected features or charge overage fees, as described in your plan documentation.

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Cancellation

You may cancel your subscription at any time from Account Settings → Subscription → Cancel Plan. Upon cancellation:

• Your subscription remains active until the end of the current billing cycle
• No partial refunds are issued for the unused portion of the current cycle
• Your account reverts to the Free Plan (if available) or becomes inactive
• Your data is retained for 90 days after account inactivation, after which it is permanently deleted

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Refund Policy

ZappWay does not offer refunds for subscription fees already charged, except in the following cases:

• Billing errors: Charges made in error by ZappWay will be refunded in full
• Service unavailability: Extended outages exceeding our SLA commitments may qualify for service credits (see Section 12)
• Legal requirements: Refunds required by applicable consumer protection laws, including the Brazilian Consumer Defense Code (Código de Defesa do Consumidor — CDC), will be honored

Refund requests must be submitted to support@zappway.ai within 30 days of the charge in question.

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Non-Payment and Collections

If a payment fails:

1. ZappWay will retry the charge up to 3 times over a period of 7 days
2. You will be notified by email of failed payment attempts
3. After the grace period, access to paid features may be suspended
4. Outstanding balances not resolved within 30 days may be referred to collections, and ZappWay reserves the right to pursue legal remedies

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6. Acceptable Use Policy

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Permitted Use

You may use ZappWay solely for lawful purposes and in accordance with these Terms. Permitted uses include:

• Building AI Employees to automate customer service, internal support, data collection, and similar business functions
• Training AI Employees on content you own or have the right to use
• Integrating ZappWay with third-party tools for legitimate business workflows
• Accessing ZappWay via API for programmatic control of your own account and AI Employees

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Prohibited Conduct

You agree not to use ZappWay to:

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A. Illegal or Harmful Activities

• Violate any applicable law, regulation, or third-party rights
• Engage in fraud, deception, phishing, or identity theft
• Facilitate or promote any illegal activity, including but not limited to drug trafficking, money laundering, or terrorism financing
• Collect or process personal data in violation of GDPR, LGPD, or other applicable data protection laws
• Stalk, harass, threaten, or intimidate any person

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B. Harmful or Abusive Content

• Create AI Employees that generate, distribute, or promote hate speech, racism, discrimination, or content that incites violence
• Produce or distribute child sexual abuse material (CSAM) or any sexually explicit content involving minors
• Spread misinformation, disinformation, or deliberately false content that could cause harm
• Generate content designed to manipulate, deceive, or psychologically harm users
• Impersonate any person, organization, or entity in a misleading manner

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C. Platform Abuse

• Attempt to gain unauthorized access to ZappWay systems, accounts, or data
• Conduct penetration testing, security scanning, or vulnerability assessments without prior written authorization from ZappWay
• Introduce malware, viruses, worms, trojans, or any other malicious code
• Use automated means to access the platform in a manner that exceeds reasonable usage or disrupts service for other users
• Scrape, crawl, or harvest data from ZappWay without authorization
• Attempt to reverse engineer, decompile, or disassemble any part of the platform

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D. Misuse of AI Capabilities

• Use ZappWay to generate content that is intended to replace professional medical, legal, financial, or psychological advice without appropriate disclaimers
• Deploy AI Employees in high-stakes automated decision-making processes (e.g., credit scoring, hiring decisions, medical diagnosis) without appropriate human oversight
• Use ZappWay to generate spam, unsolicited commercial communications, or mass messaging campaigns
• Train AI Employees on third-party copyrighted content without authorization
• Use AI output to create deepfakes or synthetic media designed to deceive

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E. Circumvention

• Attempt to bypass, disable, or circumvent any security, rate limiting, or access control measure
• Use the platform to probe, test, or exploit vulnerabilities in other systems
• Create multiple accounts to circumvent plan limits or suspension decisions

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Enforcement

ZappWay reserves the right to investigate suspected violations of this policy. Upon finding a violation, we may, at our sole discretion:

• Issue a warning
• Suspend or terminate your account (see Section 16)
• Remove or disable violating content or AI Employees
• Report the conduct to law enforcement authorities
• Pursue civil or criminal remedies

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7. Your Content and Data

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Ownership of Your Content

You retain full ownership of all content you upload, create, or transmit through ZappWay, including:

• Documents and files uploaded to Datastores
• AI Employee configurations, instructions, and personas
• Form designs and response data
• Conversation logs generated by your AI Employees

Nothing in these Terms transfers ownership of your content to ZappWay.

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License Granted to ZappWay

By uploading or submitting content to ZappWay, you grant ZappWay a limited, non-exclusive, worldwide, royalty-free license to:

• Store, host, reproduce, and transmit your content as necessary to provide the services
• Process your content through AI/LLM providers to enable AI Employee functionality
• Create backups of your content for disaster recovery purposes
• Display your content back to you within the platform interface

This license is granted solely for the purpose of operating and providing ZappWay services to you, and terminates when you delete the content or your account.

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No AI Training on Your Data

ZappWay does not use your content — including documents, form responses, conversation logs, or AI Employee configurations — to train our own AI models or any third-party AI models. Your data is processed solely to power your AI Employees in real time. For third-party AI providers (OpenAI, Anthropic), we maintain enterprise agreements that prohibit use of your data for model training. Details are available in our GDPR/LGPD Compliance documentation.

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Your Responsibilities for Content

You are solely responsible for all content you upload or create on ZappWay. You represent and warrant that:

• You own the content or have all necessary rights and permissions to use it
• Your content does not infringe any third-party intellectual property, privacy, or other rights
• Your content complies with all applicable laws and these Terms
• You have obtained any required consents from individuals whose data is included in the content

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Content Removal

ZappWay may remove content that violates these Terms, applicable law, or third-party rights, without prior notice. We will notify you of content removal unless prohibited by law or if doing so would compromise an ongoing investigation. You may delete your content at any time from within the platform. Deleted content is removed from production systems immediately and permanently purged from backups within 90 days.

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8. Intellectual Property

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ZappWay’s Intellectual Property

ZappWay and its licensors retain all rights, title, and interest in and to:

• The ZappWay platform, software, and underlying technology
• The ZappWay name, logo, trademarks, and brand elements
• All proprietary algorithms, models, and methods developed by ZappWay
• Documentation, marketing materials, and website content created by ZappWay

Nothing in these Terms grants you any right to use ZappWay’s trademarks, trade names, or branding without express prior written consent.

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License to Use the Platform

Subject to your compliance with these Terms and payment of applicable fees, ZappWay grants you a limited, non-exclusive, non-transferable, revocable license to access and use the ZappWay platform solely for your own internal business purposes during the term of your subscription. This license does not include the right to:

• Sublicense, resell, or distribute access to ZappWay to third parties (except as permitted by a reseller or white-label agreement)
• Modify, adapt, or create derivative works of the platform
• Reverse engineer, decompile, or extract source code from the platform

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Feedback and Suggestions

If you provide ZappWay with feedback, suggestions, or ideas regarding the platform (“Feedback”), you grant ZappWay a perpetual, irrevocable, royalty-free, worldwide license to use, incorporate, and exploit that Feedback for any purpose, without obligation of compensation or attribution. You waive any moral rights in the Feedback to the fullest extent permitted by law.

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Open Source Components

Certain components of ZappWay may be licensed under open source licenses. Where applicable, those licenses are identified in our documentation. Open source licenses do not affect your rights or obligations under these Terms with respect to ZappWay’s proprietary software.

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9. AI Employee Responsibilities

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Your Role as AI Employee Creator

When you create and deploy an AI Employee using ZappWay, you take on the role of an independent operator. You are solely responsible for:

• Defining the purpose, behavior, and scope of your AI Employee
• Ensuring your AI Employee operates within the bounds of applicable law
• The accuracy, completeness, and appropriateness of content and responses generated by your AI Employee
• How end users interact with and rely upon your AI Employee

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Disclosure to End Users

You must clearly disclose to end users that they are interacting with an AI system, not a human. You may not configure an AI Employee to:

• Deny being an AI when directly and sincerely asked by a user
• Impersonate a specific real person without their authorization
• Create a false impression of human presence in contexts where it could cause harm

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Content Standards for AI Employees

Your AI Employees must comply with our Acceptable Use Policy (Section 6) and must not be configured or used to:

• Provide unlicensed professional advice in regulated fields (medical, legal, financial, psychological) without appropriate disclaimers directing users to qualified professionals
• Make automated decisions with significant legal or similarly significant effects on individuals without human oversight and appropriate safeguards
• Engage in manipulative or deceptive practices toward end users
• Collect personal data beyond what is necessary for the AI Employee’s stated purpose

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Regulated Industries

If you deploy AI Employees in regulated industries, you are solely responsible for compliance with applicable sector-specific regulations, including but not limited to:

• Healthcare: LGPD health data provisions, CFM regulations (Brazil), HIPAA (USA)
• Financial services: BACEN regulations, CVM rules, applicable AML/KYC requirements
• Legal services: OAB regulations and professional conduct rules (Brazil)
• Education: Child data protection laws, including LGPD provisions for minors

ZappWay does not represent that its services are certified or approved for use in any regulated industry. You must obtain independent legal and compliance advice before deploying AI Employees in sensitive or regulated contexts.

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Monitoring and Human Oversight

You are responsible for monitoring your AI Employees’ behavior and outputs, particularly when deployed in customer-facing or high-stakes contexts. ZappWay recommends:

• Regularly reviewing conversation logs
• Defining escalation paths to human agents where appropriate
• Testing AI Employee responses before public deployment
• Implementing feedback mechanisms so end users can report problematic responses

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10. Data Protection Obligations

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Dual Role Framework

ZappWay operates in different roles depending on the type of data being processed:

• ZappWay as Data Controller: For account, billing, and marketing data of registered users
• ZappWay as Data Processor: For data collected through your AI Employees, forms, and datastores
• You as Data Controller: For all data you collect through your AI Employees from end users

This distinction is fundamental. As a Data Controller for end-user data, you bear primary legal responsibility for that data under GDPR, LGPD, and other applicable data protection laws.

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Your LGPD/GDPR Obligations

As a Data Controller for data collected through your AI Employees, you must:

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A. Legal Basis

• Identify and document a valid legal basis for each type of personal data you collect (consent, contract, legitimate interest, legal obligation, etc.)
• Obtain explicit consent where required, particularly for sensitive personal data

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B. Transparency

• Provide end users with a clear privacy notice before or at the time of data collection
• Inform users about the purposes of data collection, data retention periods, and their rights
• Disclose that an AI system is being used and identify yourself as the data controller

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C. Data Minimization

• Collect only personal data that is strictly necessary for the stated purpose
• Configure your AI Employees and forms to avoid collecting sensitive data unless you have specific legal authorization

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D. Data Subject Rights

• Respond to data subject access, rectification, erasure, portability, and objection requests within legally required timeframes (30 days under GDPR, 15 days under LGPD)
• Maintain processes to receive and fulfill these requests from end users

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E. Data Retention

• Define and document a data retention policy for data collected through your AI Employees
• Delete or anonymize data when it is no longer needed for the original purpose
• Use ZappWay’s data management tools to enforce your retention policy

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F. Data Breach Notification

• Notify ZappWay immediately at security@zappway.ai if you become aware of any breach involving data processed through our platform
• Fulfill your own notification obligations to supervisory authorities and data subjects as required by applicable law

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International Data Transfers

If your AI Employees collect data from users located in the EU, EEA, or Brazil, you must ensure that any international transfer of that data complies with applicable transfer mechanisms (Standard Contractual Clauses, adequacy decisions, or other LGPD-compliant mechanisms). ZappWay provides transfer safeguards for its own processing as described in our Privacy Policy.

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11. Third-Party Services and Integrations

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Third-Party Providers

ZappWay integrates with third-party services to provide its functionality, including but not limited to: A full and up-to-date list of subprocessors is maintained on our GDPR/LGPD Compliance page.

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No Endorsement

The availability of third-party integrations on ZappWay does not constitute an endorsement or recommendation of those services. You are responsible for reviewing and accepting the terms and privacy policies of any third-party service you connect to ZappWay.

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Third-Party Terms

When you use a third-party integration (such as Zapier, Slack, or any other connector), you are also subject to that third party’s terms of service. In the event of conflict, the third party’s terms govern your use of their service.

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ZappWay’s Liability for Third Parties

ZappWay is not responsible for:

• The availability, accuracy, or functionality of any third-party service
• Data breaches or security incidents occurring at third-party providers
• Changes to third-party APIs, pricing, or terms that affect ZappWay functionality
• Any loss or damage arising from your use of third-party integrations

ZappWay will make reasonable efforts to notify you of significant changes to third-party integrations that affect core platform functionality.

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12. Availability and Service Levels

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Service Availability Target

ZappWay targets platform availability of 99.5% uptime per calendar month, excluding scheduled maintenance windows. This target applies to the core ZappWay application (app.zappway.ai). It does not apply to third-party services, integrations, or AI provider APIs, which have their own availability commitments.

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Scheduled Maintenance

ZappWay may perform scheduled maintenance that temporarily affects service availability. We will provide at least 24 hours’ advance notice for planned maintenance via email or platform notification, except in cases of urgent security patches. Scheduled maintenance is excluded from uptime calculations.

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Unplanned Outages

In the event of an unplanned outage, ZappWay will:

1. Post a status update on our status page
2. Investigate and address the issue as a priority
3. Provide a post-incident report for outages lasting more than 1 hour

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Service Credits

If ZappWay fails to meet the uptime target in any calendar month, eligible paid subscribers may request a service credit of up to 10% of their monthly subscription fee for that month. To claim a credit:

• Contact support@zappway.ai within 15 days of the incident
• Include the dates, times, and description of the impact
• Credits are applied to future invoices and are not redeemable for cash

Service credits are your sole remedy for service unavailability, except where applicable consumer protection law provides additional rights.

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Exclusions

Uptime targets do not apply to downtime caused by:

• Your own actions or inactions (misconfiguration, excessive API calls, etc.)
• Third-party service outages (OpenAI, Anthropic, Stripe, etc.)
• Force majeure events (see Section 19)
• Factors outside ZappWay’s reasonable control

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13. Disclaimers and Warranties

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”As Is” Provision

To the maximum extent permitted by applicable law, ZappWay provides its services “as is” and “as available”, without any warranty of any kind, express or implied.

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Specific Disclaimers

ZappWay expressly disclaims all warranties including, but not limited to:

• Fitness for a particular purpose: ZappWay does not warrant that the platform is suitable for your specific use case, industry, or requirements
• Accuracy of AI output: AI-generated content may be inaccurate, incomplete, biased, or misleading. You are responsible for reviewing and validating AI output before relying on it
• Non-infringement: ZappWay does not warrant that your use of the platform will not infringe the intellectual property rights of third parties
• Uninterrupted access: ZappWay does not warrant that the service will be available at all times or free of errors, bugs, or security vulnerabilities
• Results: ZappWay does not warrant that use of the platform will achieve any particular business outcome or result

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Professional Advice

ZappWay is a technology platform. It does not provide legal, medical, financial, psychological, or other professional advice. Any content generated by AI Employees does not constitute professional advice and should not be relied upon as such. Always consult a qualified professional for advice in regulated domains.

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Consumer Rights

Nothing in these disclaimers affects statutory consumer rights that cannot be waived under applicable law, including rights under the Brazilian Consumer Defense Code (Código de Defesa do Consumidor — Lei 8.078/1990).

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14. Limitation of Liability

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General Limitation

To the fullest extent permitted by applicable law, ZappWay’s total cumulative liability to you for any and all claims arising out of or relating to your use of the platform — whether in contract, tort, strict liability, or any other legal theory — shall not exceed the greater of:

• The total amount paid by you to ZappWay in the 12 months immediately preceding the claim; or
• USD 100.00

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Exclusion of Consequential Damages

ZappWay shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to:

• Loss of profits, revenue, or business
• Loss of data or corruption of data
• Loss of goodwill or reputation
• Cost of substitute services
• Damages resulting from AI-generated content you relied upon
• Damages arising from third-party integrations or services

This exclusion applies even if ZappWay was advised of the possibility of such damages.

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Essential Basis

The limitations of liability set forth in this section reflect a reasonable allocation of risk between the parties and are an essential element of the basis of the bargain between ZappWay and you. ZappWay would not be able to provide the services at the current pricing without these limitations.

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Exceptions

The limitations above do not apply to:

• Death or personal injury caused by ZappWay’s gross negligence or willful misconduct
• Fraud or fraudulent misrepresentation by ZappWay
• Any liability that cannot be excluded under applicable law (including mandatory consumer protection provisions under Brazilian law)

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15. Indemnification

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Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless ZappWay and its officers, directors, employees, agents, and successors (“Indemnified Parties”) from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

• Your use of ZappWay in violation of these Terms or applicable law
• Your content, including any claim that your content infringes a third party’s intellectual property, privacy, or other rights
• Your AI Employees and the data collected, processed, or distributed through them
• Your failure to fulfill data protection obligations as a Data Controller
• Any end-user claim arising from your AI Employee’s output or behavior
• Your breach of any representation or warranty made in these Terms

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ZappWay’s Cooperation

ZappWay will notify you promptly of any claim subject to indemnification, cooperate reasonably in the defense, and give you control of the defense and settlement, provided that:

• You do not settle any claim that imposes obligations, restrictions, or liability on ZappWay without prior written consent
• ZappWay may participate in the defense with counsel of its own choosing at its own expense

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16. Suspension and Termination

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Termination by You

You may terminate your account at any time by:

1. Going to Account Settings → Subscription → Cancel Plan to cancel your subscription
2. Going to Account Settings → Delete Account to permanently delete your account and data

Cancellation of your subscription does not immediately terminate your account; your access remains active until the end of the current billing cycle. Upon account deletion:

• Your data is immediately removed from production systems
• Permanent deletion from backups occurs within 90 days
• Pending transactions are settled before deletion is completed

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Termination or Suspension by ZappWay

ZappWay reserves the right to suspend or terminate your account, with or without notice, for any of the following reasons:

• Breach of Terms: Violation of any provision of these Terms, including the Acceptable Use Policy
• Non-payment: Failure to pay subscription fees after the applicable grace period
• Legal requirement: Compliance with a court order, regulatory mandate, or law enforcement request
• Security risk: Your account is involved in or poses a security risk to the platform or other users
• Inactivity: Free accounts inactive for more than 12 consecutive months (with advance notice)
• Fraudulent activity: Suspected fraud, abuse, or misrepresentation

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Notice and Cure

For non-critical violations, ZappWay will generally provide written notice and an opportunity to cure the violation within 7 days before suspension. For serious violations (illegal activity, security threats, CSAM, or gross Acceptable Use Policy breaches), ZappWay may suspend access immediately without prior notice.

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Effect of Termination

Upon termination of your account:

• Your license to use ZappWay is immediately revoked
• All active AI Employees are deactivated
• Access to your data, configurations, and logs is suspended
• Outstanding fees remain due and payable

Data recovery after termination is subject to the retention periods described in Section 5 and our Privacy Policy.

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Surviving Provisions

The following sections survive termination of these Terms: Section 7 (Your Content and Data — ownership provisions), Section 8 (Intellectual Property), Section 13 (Disclaimers), Section 14 (Limitation of Liability), Section 15 (Indemnification), Section 18 (Governing Law), and Section 19 (General Provisions).

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17. Modifications to the Service and Terms

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Modifications to the Service

ZappWay is an evolving platform. We may at any time:

• Add, change, or remove features or functionality
• Update AI models, algorithms, or integrations
• Change API endpoints, response formats, or rate limits
• Modify the visual design or user interface

For significant changes that materially affect how you use the platform, we will provide reasonable notice via email or platform notification.

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Modifications to These Terms

ZappWay may update these Terms at any time. We categorize changes as follows: Material changes (require 30 days’ advance notice):

• Changes to payment terms or pricing structure
• Changes to data ownership or licensing provisions
• Changes to liability or indemnification obligations
• New restrictions on user rights or use of the platform

Minor changes (effective upon posting):

• Clarifications, corrections, or grammatical fixes
• Updates to reflect new features already announced
• Changes to contact information or administrative details

All changes are posted on this page with an updated “Last Updated” date. For material changes, we will also notify registered users via email.

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Your Acceptance of Changes

By continuing to use ZappWay after the effective date of any updated Terms, you accept the changes. If you do not agree with updated Terms, you must cease using ZappWay and delete your account before the new Terms take effect.

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18. Governing Law and Dispute Resolution

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Governing Law

These Terms and any dispute arising out of or relating to them shall be governed by and construed in accordance with the laws of the Federative Republic of Brazil, particularly:

• Lei 13.709/2018 (LGPD — Lei Geral de Proteção de Dados)
• Lei 8.078/1990 (Código de Defesa do Consumidor)
• Lei 12.965/2014 (Marco Civil da Internet)
• Lei 10.406/2002 (Código Civil Brasileiro)

For users located in the European Union, mandatory consumer protection provisions of EU law shall also apply where required.

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Dispute Resolution — Informal Resolution

Before initiating any formal dispute, both parties agree to attempt to resolve the matter informally. You must notify ZappWay of the dispute by emailing support@zappway.ai with a written description of the claim and the relief sought. ZappWay will respond within 15 business days. If the dispute is not resolved within 30 days of the informal notice, either party may proceed to formal resolution.

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Dispute Resolution — Mediation

If informal resolution fails, the parties agree to attempt mediation before initiating arbitration or litigation. Mediation shall be conducted in São Paulo, Brazil, under the rules of a mutually agreed mediator or institution.

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Jurisdiction

For disputes not resolved by informal means or mediation, the parties submit to the exclusive jurisdiction of the courts of the Comarca de São Paulo, State of São Paulo, Brazil. Users in the European Union retain the right to bring claims before the competent courts of their member state of habitual residence for consumer disputes, as required by EU law.

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Prohibition on Class Actions

To the extent permitted by applicable law, you agree that any dispute shall be resolved on an individual basis, and not as part of a class action, collective action, or representative proceeding. You waive any right to participate in a class action against ZappWay. Note: This prohibition does not apply where mandatory law (including Brazilian consumer protection law) grants you the right to participate in collective proceedings.

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19. General Provisions

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Entire Agreement

These Terms, together with the Privacy Policy, Cookie Policy, and any applicable Data Processing Agreement, constitute the entire agreement between you and ZappWay with respect to the subject matter herein, and supersede all prior agreements, representations, or understandings.

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Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a competent court, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions shall continue in full force and effect.

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Waiver

ZappWay’s failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be made in writing and signed by an authorized representative of ZappWay.

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Assignment

You may not assign or transfer your rights or obligations under these Terms to any third party without ZappWay’s prior written consent. ZappWay may freely assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. In such cases, you will be notified and may terminate your account if you do not agree to the assignment.

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Force Majeure

ZappWay shall not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, pandemics, wars, government actions, cyberattacks by third parties, internet infrastructure failures, or power outages. ZappWay will make reasonable efforts to resume normal operations as quickly as possible and will notify affected users of the situation and expected timeline.

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Notices

Unless otherwise specified, all notices to ZappWay must be sent by email to support@zappway.ai with a descriptive subject line. Notices from ZappWay to you will be sent to the email address associated with your account or posted on the platform.

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Language

These Terms were originally drafted in English. A Portuguese version is available for convenience, but in the event of any conflict or ambiguity between the English and Portuguese versions, the English version shall prevail.

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Relationship of the Parties

Nothing in these Terms creates a partnership, joint venture, employment, franchise, or agency relationship between you and ZappWay. You are an independent party using ZappWay’s services under the terms of this agreement.

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Headings

Section headings in these Terms are for convenience only and shall not affect the interpretation of any provision.

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20. Contact Information

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General Support

For questions about these Terms or general account support: Email: support@zappway.ai Subject: “Terms of Service Inquiry” Response time: 2–3 business days

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Legal and Compliance

For legal notices, contract matters, or compliance inquiries: Email: privacy@zappway.ai Subject: “Legal Notice” or “Compliance Inquiry” Response time: 2–3 business days

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Data Protection Officer (DPO)

For GDPR/LGPD-related questions and data subject rights: Email: privacy@zappway.ai Subject: “Data Protection Request” Response time: 2–3 business days

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Security Issues

To report security vulnerabilities or suspected data breaches: Email: security@zappway.ai Subject: “SECURITY ISSUE” or “DATA BREACH” Response time: Within 24 hours

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Mailing Address

ZappWay Tech. Avenida Brigadeiro Faria Lima, 1811, Esc 1120 Jardim Paulistano São Paulo / SP Brasil 🇧🇷 CEP 01452-001

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Office Hours

• Email support: 24/7 (response within 24–48 hours)
• Live chat: Monday–Friday, 9 AM – 6 PM BRT
• Urgent security matters: 24/7

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Additional Resources

• Privacy Policy
• Cookie Policy
• GDPR/LGPD Compliance
• Pricing

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Quick Reference

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For AI Employee Creators

Key responsibilities:

• You are the Data Controller for data collected through your AI Employees
• Your AI Employees must comply with the Acceptable Use Policy
• You must provide privacy notices to end users
• You are responsible for AI Employee output and behavior

Your rights:

• Own and control all content you upload
• Export or delete your data at any time
• Cancel your subscription at any time
• Receive advance notice of material changes to these Terms

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For End Users / Respondents

If you have interacted with a ZappWay AI Employee:

• The person or organization that deployed the AI Employee is responsible for your data
• Contact the AI Employee Creator directly for data requests
• If the Creator is unresponsive, contact us at support@zappway.ai

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Key Dates and Deadlines

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Last Updated: March 2026 Version: 1.0 Effective Date: December 15, 2025 Governing Law: Lei Brasileira — Foro: Comarca de São Paulo/SP Regulatory Framework: LGPD (Lei 13.709/2018) · GDPR (EU Regulation 2016/679) · Marco Civil da Internet (Lei 12.965/2014)