See the terms of use for ds.marketing customers.
1.1. The Parties, Client and Contractor, are duly identified in the Commercial Proposal through CNPJ or CPF, name or corporate name, address, telephone and email.
1.2. The Client declares that the data provided for identification, location and relationship are true and current, and that its representative, upon accepting these Terms and the Commercial Proposal, has legal authority to represent, negotiate, transact, publish, promote and speak on behalf of the company that will work within the DsMarketing.com.br tool.
i. Customer or Audience: persons to whom the communications and offers created through the ds.marketing tool are directed;
ii. Contractor: DS MARKETING S.A, a private legal entity, registered under CNPJ/ME No. 28.071.409/0001-18, located at Av. João Erbolato, nº 376, Sala 1, Jardim Chapadão, in the city of Campinas/SP, CEP 13070-070, which is the legitimate owner of the web software platform named "ds.marketing";
iii. Client: company, responsible person or entrepreneur who wishes to promote their commercial business by contracting the ds.marketing tool;
iv. Agreement: these terms and conditions governing the licensing of use of the Software Platform.
v. Creations: flyers, posts, stories, indoor media and various other formats produced by the Client to promote its products and services.
vi. License or Licenses: authorization of use granted by the Contractor, of a personal, onerous, revocable, non-exclusive and non-transferable nature, of the Software Platform, governed by this Agreement and by the conditions of the Service Agreement.
vii. Software Platform or ds.marketing: a tool developed by the Contractor with the purpose of assisting and supporting companies, merchants and retailers of the most diverse segments in the digital transformation of their relationship with their customers, through the use of technologies and automations, the simplification of manual activities and usage recommendations, data analysis and integration with digital Providers and Channels;
viii. Commercial Proposal: commercial conditions negotiated between the Parties, setting out amounts, quantities, terms and other specifications about the License, the services and the features offered on the Software Platform, formalized in a specific document that constitutes an integral and inseparable part of this Agreement;
ix. Digital Providers or Channels: social networks such as Instagram, Facebook, Whatsapp, and other places where creatives may be published in accordance with their respective terms and usage policies.
3.1. The conditions of the Agreement and the Commercial Proposal shall be deemed fully accepted, for all legal purposes and effects, in one of the following ways: i. Signature, including in electronic form; ii. Payment of the first installment via boleto, PIX or card; or iii. Upon automatic renewal for a new period, with the same payment method, until one of the Parties expresses a contrary and formal position.
4.1. Access to the Licenses will be granted upon execution of the first payment or explicit formal agreement in the Commercial Proposal.
4.2. The availability of services on the Software Platform will begin upon the creation of a login and password by the user and will be maintained regardless of actions, frequency of access and use, knowledge or results produced with it, provided that the ds.marketing terms and usage policies, as well as the applicable legislation, are respected.
4.3. From the acceptance of the Commercial Proposal, the Client is aware that the use of political, religious, discriminatory or aggressive content, content that violates the law or that promotes any type of fake news and/or violation of third-party rights, is prohibited.
4.4. Any and all content published through the Software Platform will be authored by the Client, who is responsible for any damages it may cause to its customers and third parties, as well as for the contractual breach resulting from the misuse of the licenses.
4.5. The Contractor has an access recovery feature on its website, in case the client has difficulties accessing it.
4.6. No report shall be considered a system unavailability unless it has been properly registered through the email atendimento@dsmarketing.com.br and does not present a workaround within 48 (forty-eight) business hours.
5.1. The Agency's activities will be performed whenever pre-scheduled and programmed.
5.2. The first steps of the Agency's implementation process will be to create the planning, the publication and the deadline for making the information and offers available.
5.3. The digital Agency will be responsible for creation and/or publication; however, interactions with customers, such as responding to information as well as customers' questions and doubts through the social media dissemination channels, will be the Client's responsibility.
i. Regularly make payments to the Contractor, in the manner agreed in this Agreement and in the previously accepted Commercial Proposal; ii. Formalize to the Contractor, in writing, through the email atendimento@dsmarketing.com.br, all contact and commercial relationship data whenever these undergo changes and updates; iii. Always respect the Terms and Usage Policies of ds.marketing, the digital Providers and Channels; iv. Refrain from any conduct or the production of content of a political, religious, discriminatory or aggressive nature, that violates any legislation or that promotes any type of fake news; v. Refrain from renting, leasing, lending, selling, assigning, redistributing or sublicensing, in whole or in part, the software subject to this Agreement; vi. Be fully responsible for the acts performed by itself, its employees, subcontractors, agents, partners, representatives, shareholders, affiliates and other related companies in the performance of this Agreement; vii. Respect the intellectual property rights of the Contractor and/or third parties; viii. Perform, on its own, all the features available on ds.marketing, from planning and reviewing the activities and content created, to publication, interface and relationship with its customers.
Email: atendimento@dsmarketing.com.br · Phone: 0800-000-0124 | (11) 3181-0653 · WhatsApp: (11) 3181-0653 · Website: www.ds.marketing · Platform Access: app.dsmarketing.com.br · Cancellation link: dsmarketing.com.br/cancelamento/
8.1. Payments for the Licenses will occur on a recurring basis, in a pay-and-use format, according to the amounts and within the period stipulated in the Commercial Proposal.
8.2. The first due date will be the same date this Agreement is signed, and so on, on the same days of the subsequent months.
8.3. If payment is made by boleto, the Contractor will send the bank boleto and the corresponding Invoice to the Client's email by the 5th business day of each month.
8.4. The monthly fees are considered new billing cycles, with automatic renewal upon each new payment.
8.5. The Client may, at any time, request additional services and features offered on the Software Platform.
8.6. Periodic and installment purchases (annual and similar), via credit card, PIX, or bank boleto, are considered a single payment cycle, and special discounts may be offered.
8.7. The value of each License will be adjusted after 12 months of the Agreement's term, by the percentage of 03% added to the average between the IPCA/IBGE percentage and the IGPM/FGV percentage accumulated over 12 months.
8.8. The signing date of the Agreement will be considered the base date for each new adjustment.
8.9. Any and all taxes due as a result of the object of this Agreement will be the responsibility of the party defined as taxpayer under the terms of the law.
8.10. The official payment methods are: 1) Credit card, 2) Boleto, and 3) Pix. The receipt of monthly services may be automatically alternated between these payment methods, at no additional cost, with a preference for credit card, always in accordance with the amounts established in the commercial conditions.
8.11. Ds.Marketing may share registration and transactional information of the Commercial Establishments with MERCADO BITCOIN SOLUÇÕES EM SERVIÇOS DE TECNOLOGIA LTDA. (CNPJ/ME nº 41.240.161/0001-30), for the purpose of consulting its receivables schedule with the card receivables registrars and providing payment services.
8.12. Ds.Marketing may share registration and transactional information of the Commercial Establishments with Destrava Aí Finanças Descomplicadas LTDA. (CNPJ/ME nº 43.151.964/0001-43), for the same purpose described above.
9.1. Late payments will result in the immediate addition of a late-payment penalty of 02% on the amount due, legal interest of 01% per month and monetary correction observing the last positive monthly variation of the IPCA/IBGE, until the date of effective payment.
9.2. The Client's default will authorize the Contractor to: (i) issue collection notices; (ii) apply the penalties provided for in item 9.1; (iii) suspend and/or terminate this Agreement after 30 days from the first late payment; (iv) request the registration of the Client's name with credit protection agencies and Protest Registries; (v) use the services of Mercado Bitcoin or Destrava Aí to consult and change ownership of receivables, exclusively for the purpose of settling the defaulted obligations; and/or (vi) take other applicable legal and judicial measures.
9.3. At any time, the Client may request the deactivation of these services by sending an email to atendimento@dsmarketing.com.br.
10.1. This Agreement will come into force on the date of its signing and will be valid for a period of 12 (twelve) months, with automatic monthly renewals upon each new payment.
10.2. This Agreement and the Commercial Proposal may be terminated in the following cases: i. Cancellation request by the Client; ii. Cancellation under the satisfaction guarantee; iii. Payment default for a period exceeding 30 days; iv. Filing or declaration of bankruptcy, judicial or extrajudicial reorganization, judicial liquidation, protest of a duly proven debt or state of insolvency; v. Violation of the specific obligations of clause 6 and of the Contractor's Intellectual Property Right; vi. Other cases expressly provided for in this Agreement.
11.1. Cancellation interrupts the automatic renewal cycle of the Agreement, subject to the prior notice conditions.
11.2. Cancellation may occur at the Client's request or upon registration of default for more than 30 days.
11.3. The cancellation process will not incur a contractual penalty, unless some commercial advantage or discount on the services has been agreed.
11.4. The cancellation request must be made with a minimum of 30 days' prior notice and through the link dsmarketing.com.br/cancelamento/.
11.5. The services will remain available throughout the prior notice period, generating full or proportional charges.
11.6. Cancellation will not generate a refund of annualized, settled or installment payments, and the services will remain available throughout the settled or installment payment cycle.
11.7. The Client may request cancellation at any time, including waiving the prior notice period, if the system has full availability of multiple resources below 96% of the monthly hours and the support request has been without interaction for more than 72 hours.
12.1. Regardless of the plan or payment method, the Client is entitled to a full refund of the amounts paid, in case of dissatisfaction with the service and in case of withdrawal from the purchase, provided that: i. it requests cancellation within 10 calendar days after the first payment, after receiving the login and password, or after the acceptance date of the Commercial Proposal, whichever occurs first; ii. the request is made through the link dsmarketing.com.br/cancelamento/.
12.2. The satisfaction guarantee conditions are not cumulative with other promotional actions that allow prior trial.
12.3. The refund will occur within 15 calendar days, if payment is made in cash, or within the refund period of the banking system, if it was made by credit card.
13.1. All intellectual property and copyright rights related to the ds.marketing software, its source code, internal resources, ideas, tools, features, services and licensed content remain the sole and exclusive property of the Contractor and/or its licensors (Laws nº 9.610/1998 and nº 9.279/1996).
13.2. The intellectual property of the Contractor's Pre-Existing Materials used as tools for the provision of the services will not be assigned to the Client.
13.3. The Client declares and warrants that it holds all rights, title and interest over the Creations produced in ds.marketing.
13.4. The Client grants the Contractor a royalty-free and sublicensable license to display, host, copy, store and use the Creations to the extent necessary for the correct provision of the services.
13.5. The Creations may include a mix of the Client's content and the Contractor's pre-existing content and materials.
13.6. The Client acknowledges that the Contractor may use aggregated and anonymized data derived from the use of ds.marketing to develop, improve and provide AI products and services.
13.7. It is strictly prohibited to: (a) attempt to obtain unauthorized access or disrupt the integrity of the services; (b) copy, create a derivative work, reverse engineer, disassemble or decompile the software; (c) access the software for the purpose of building a competing product or service; and (d) use the software for evaluation, benchmarking or comparative analysis intended for publication without prior written consent.
14.1. DsMarketing undertakes to process personal data in compliance with the General Data Protection Law (Law nº 13.709/2018).
14.2. The personal data collected may be used exclusively for the purposes set out in this agreement, such as the provision of services, customization of features and performance analysis.
14.3. The data may be stored on servers located in Brazil, the United States and Europe, with international transfers carried out securely and exclusively for contingency, backup and availability of the services.
14.4. Data subjects' rights may be exercised through the channel indicated on our LGPD page.
15.1. DsMarketing adopts rigorous information security practices, including encryption, continuous monitoring and access control policies.
15.2. Stored data is regularly replicated on distributed servers to ensure contingency and recovery.
15.3. The User is responsible for keeping their credentials secure and confidential, immediately reporting any unauthorized use.
15.4. DsMarketing undertakes to notify Users in the event of security incidents involving personal data.
16.1. Access to the platform is restricted to duly registered Users, and sharing credentials with third parties is prohibited.
16.2. The User will be responsible for all actions performed through their credentials.
16.3. DsMarketing reserves the right to suspend or restrict access in case of suspected misuse.
17.1. DsMarketing acts as a data processor, processing information according to the instructions of the contracting User, who is the data controller.
17.2. The User, as controller, is responsible for ensuring that the collection and use of data comply with the applicable legislation.
17.3. DsMarketing is not responsible for violations resulting from inadequate instructions or misuse of the platform by the User.
18.1. DsMarketing adopts measures to ensure high availability, including regular backups, data replication and geographically distributed servers.
18.2. Temporary interruptions may occur due to scheduled maintenance or force majeure events.
18.3. Whenever possible, scheduled maintenance will be communicated with a minimum of 48 hours' notice.
19.1. The User is responsible for the advertising creatives inserted on the platform, ensuring compliance with the legislation, third-party rights and DsMarketing's policies.
19.2. DsMarketing reserves the right to suspend or remove creatives that violate legal standards or the terms of use.
19.3. The User undertakes to hold DsMarketing harmless from claims arising from the misuse of creatives.
20.1. The obligations arising from this Agreement bind the Parties, their successors and assigns.
20.2. Neither Party may assign its rights and obligations without the prior written consent of the other Party.
20.3. This Agreement constitutes the entire agreement between the Parties and may only be modified through a mutually signed Amendment.
20.4. No employment relationship is established between the Parties by virtue of this Agreement.
20.5. The tolerance of either Party will not constitute a waiver of its right.
20.6. The Parties elect the Jurisdiction of the District of Campinas, State of São Paulo.
| Additional feature | Price | Description |
|---|---|---|
| Additional Creation Studio License | R$ 300,00 | Automation and creation of standardized flyers, posts, and posters for Instagram, Facebook, Whatsapp, indoor TV and Print, using pre-established templates and layouts and a product image bank. |
| Whatsapp Module | R$ 180,00 | Automate, schedule and manage the sending of your creatives. One license is recommended for every 3,000 subscribers on your list. |
| Online Radio Module | R$ 140,00 | Internal radio for your establishment, with musical programming and automated voice-over of your promotions. |
| Paid Traffic Module | R$ 180,00 | Automations and scheduling to boost your creatives, generating audience and engagement in the radius of your store or your competitor's. |
| Paid Traffic Credit Pack | R$ 500,00 recurring | 50 credits for use in the Paid Traffic module. |
| SMS Credit Pack | R$ 500,00 recurring | 5,000 credits for use in the SMS module. |
The marketing department your company always dreamed of having.