BLIP GO! TERMS OF USE – Blip | Blip Help

Index:

Acceptance of the Terms

By clicking the checkbox indicating your acceptance, you declare that you agree with the Blip Go! Terms of Use ("Terms") and with the use of this solution. If you use Blip Go! on behalf of an organization, you agree to these Terms on behalf of that organization and declare that you have the authority to do so. In this case, the pronouns "you" and "your" will refer to the mentioned organization. You also declare that you have the necessary powers to assume the statements set forth in these Terms, under the risk of personal liability.
You acknowledge that BLIP is the official provider of messaging channels, such as WhatsApp Business Solution, Instagram, Facebook Messenger, Blip Chat, among others ("Messaging Channels"). By agreeing to these Terms, you may choose to use Messaging Channels integrated with Blip Go!, according to the plan contracted and suitable for your business.

General conditions of acesse

Eligibility. You represent and warrant that (i) you have the legal capacity to contract, register, use Blip Go!, and comply with the obligations set forth herein; (ii) your intended use of Blip Go! is lawful and in accordance with all applicable laws and regulations, and that your relationship with BLIP and end users will be based on the principles of integrity and good faith; and (iii) you have not previously been suspended or removed from access to our solutions, nor have you engaged in any activity that could result in suspension or removal of access by the applicable Messaging Channels.

Account. You must create an account and a password to access and use Blip Go!, providing accurate, up-to-date, correct, and complete information. You are responsible for keeping your account and password secure and confidential, as well as any other credentials used to access your account.
If you become aware of or suspect any unauthorized access or use of your account, you must immediately notify BLIP. Your account may not be shared with third parties and must only be used by authorized individuals within your organization, for purposes allowed by these Terms.

Communication Preferences. By using Blip Go!, you consent to receiving electronic communications related to your account. These communications may include sending emails to the email address provided during registration or sending communications about Blip Go! on the logged-in area page, including notifications regarding your account (such as payment authorizations, if applicable, password changes, and confirmation emails), which are part of your relationship with BLIP.
You also agree to receive other communications, including updates on new features, special offers, promotional announcements, and satisfaction surveys via email. If you no longer wish to receive such communications, you can unsubscribe using the specific link provided in the emails sent.

Privacy and Data Processing

Privacy. BLIP cares about the privacy of your data and that of end users. BLIP's Privacy Policy outlines our practices regarding data, including the types of information we collect, how it is used and disclosed, and your rights associated with the processing of your information. By choosing to use Blip Go!, you declare that you agree with our Privacy Policy, which is incorporated by reference herein, as applicable.

Personal Data. During your use of Blip Go!, you may have access to personal data of your customers and share it with BLIP, as well as share with us personal data of your employees, who act, for example, as attendants in the Blip Go! environment. The processing of personal data by you and BLIP must fully comply with the provisions of the Personal Data Processing Agreement, which you expressly agree to by accepting these Terms and using Blip Go!.

Backups. You are responsible for maintaining, protecting, and backing up your content in your own environment. BLIP will not be responsible for any failure in storage, loss, or corruption of your content outside of the Blip Go! environment.

Data Purging. You acknowledge and agree that BLIP has the discretion to carry out, within the Blip Go! environment, without incurring any costs or liabilities, (i) the closure of open tickets after a period of 6 (six) months of inactivity; (ii) the purging of closed tickets after a period of 12 (twelve) months from their closure; and (iii) the purging of data related to contacts and events after a period of 12 (twelve) months from their registration.

Acceptable Use

Compliance with Laws. You may only use Blip Go! if you have ensured that your use complies with all applicable legal and regulatory requirements for your organization. You are fully responsible, including for any damages caused to third parties, for the products and/or services offered through Blip Go! and the Messaging Channels, including payment, delivery, customer service, means of receipt, and any fraud related to these products/services.

Data Security. You must provide all necessary data disclosures and notices (such as maintaining a clear privacy policy that complies with applicable law). You must also ensure that you have all necessary rights, consents, and permissions to share your customers' contact information and other personal data with BLIP and to communicate with your customers via Blip Go! using that information.

Messaging Channels' Policies. You also acknowledge and agree to the terms of use and policies of the Messaging Channels chosen for integration with Blip Go!, such as the WhatsApp Business Solution policy, which may be updated at any time without any interference or liability on BLIP's part.

Content. You are responsible for your own content and must ensure that you have all necessary rights and authorizations to use it. You warrant, to the best of your reasonable knowledge, that the content provided does not violate any legal provisions or third-party rights.

Prohibitions. Without prejudice to other provisions of this Agreement, when using Blip Go! and/or the Messaging Channels, you agree not to:

Send messages or content with information that is false, harmful, invades the privacy of third parties, promotes racism, contains any form of discrimination or religious fanaticism, is obscene or offensive, contains prohibited or age-inappropriate content, has electoral or political content, or is characterized as SPAM.
Sell or offer for sale products or services that are prohibited under the terms of use (commercial policies) of the Messaging Channels you have chosen, including, but not limited to: (i) prescription medications, illegal and/or recreational drugs; (ii) tobacco and related products; (iii) unregulated dietary supplements; (iv) firearms, ammunition, or explosives; (v) animals and taxidermy; (vi) alcoholic beverages; (vii) gambling services; (viii) sexually explicit items or products; (ix) dating services; (x) counterfeit or virtual currencies; and (xi) body parts and fluids.
Misuse Blip Go! in any way that interferes with its normal operation or attempt to access it by methods other than the interfaces and instructions we provide.
Evade any limitations imposed on your account by BLIP (such as opening a new account to conduct a survey we have closed due to a violation of these Terms).
Investigate, scan, or test the vulnerability of Blip Go!'s infrastructure.
Transmit viruses, malware, or other illegal software, or links to such software, through Blip Go! and the Messaging Channels.
Use Blip Go! to infringe BLIP’s or third parties' intellectual property rights or to engage in illegal activities.

Intellectual Property

License. We grant you a limited, revocable, temporary, non-exclusive, non-transferable license subject to these Terms. Neither these Terms nor the use of Blip Go! transfers to you any intellectual property rights in Blip Go!, which remain the exclusive property of BLIP. These Terms do not grant you any rights to use the trademarks, domain names, logos, trade dress, industrial secrets, patents, or other distinctive elements associated with Blip Go! and BLIP.

Restrictions. You may not sell, distribute, sublicense, rent, resell, lend, give, dispose of, assign, or otherwise transfer, in whole or in part, the rights to use Blip Go!, nor may you copy, adapt, enhance, alter, correct, translate, update, create derivative works, decompile, extract code, reverse engineer, or develop new versions of any part, component, or source code used in Blip Go!. You further agree not to take any action to register any of the foregoing in your name.

Disclaimers

The product is licensed "as is," and you acknowledge that no customization, development, or specific delivery will be made for you, and that the provision of Blip Go! constitutes an obligation of means, not of result. BLIP makes no warranties of any kind, whether express, implied, or statutory, including warranties of revenue, outcome, suitability for a particular purpose, or that Blip Go! will operate without interruptions, delays, or imperfections.

You are aware that Blip Go! is being made available in an experimental version, subject to imperfections and revisions. We always appreciate your feedback or any other suggestions regarding Blip Go!. You agree that any questions, comments, suggestions, ideas, original or creative materials, or other information about Blip Go! that you post, submit, or otherwise communicate to us will not be confidential, and we shall have the right to use and distribute such feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Limitation of Liability

BLIP shall not be held liable (i) for any indirect, punitive, or exemplary damages of any kind or for loss of profits, arising from or related to Blip Go! and these Terms, even if BLIP has been warned of the possibility of such damages; (ii) for any result, business, service, or any other activity not completed or not performed due to the failure of end users to receive messages; and (iii) for decisions, actions, and/or omissions made by the Messaging Channels, as BLIP has no involvement in the decisions made by these channels.

Indemnification

You agree to indemnify and hold BLIP harmless from any and all liability, losses, and damages incurred (including legal costs and reasonable attorneys' fees) in the event of a breach of these Terms, as well as in the event of any legal or extrajudicial claims by a third party, including the Messaging Channels, related to any action or omission by you that is not in compliance with these Terms. You will cooperate, to the extent and as requested by us, in the defense or settlement of any third-party claims.

Suspension and Termination of Use

By BLIP. We may limit, suspend, or terminate your access to Blip Go! if you fail to comply with these Terms, the policies of the Messaging Channels, or applicable law, or at BLIP's sole discretion. In any case, we will make reasonable efforts to notify you in advance so that you can export a copy of your content. If there is a continuous violation of these Terms, BLIP may take measures to prevent you from continuing to use Blip Go!, including blocking your IP address.

By You. While we hope you continue using Blip Go!, you may terminate your relationship with us by providing written notice to BLIP.

Amendments

To Blip Go!. BLIP reserves the right to, at any time, without prior notice and without assuming any liability, (i) make corrections, changes, and improvements to Blip Go!; and (ii) add, modify, or remove features or functionalities of Blip Go!.

To these Terms. BLIP may amend and update these Terms, including the instruments incorporated by reference, at any time, either to reflect changes in applicable law or updates to Blip Go!, or to incorporate new features. Any amendments and updates to these Terms will take effect on the date they are published and will be posted where such terms appear. If you do not agree with any modification made to these Terms, you must stop using Blip Go!. By continuing to use Blip Go!, you express your agreement to be bound by the updated terms.

General Provisions

Entire Agreement. Unless a mutually executed contract between you and BLIP specifies otherwise, these Terms, including the instruments incorporated by reference, constitute the entire agreement between you and BLIP and supersede any prior written or oral communications between you and BLIP.

Independence. The relationship between you and BLIP is that of independent contracting parties, and no employer-employee, partnership, or legal representation relationship exists between you and BLIP.

No Waiver. If we fail to enforce any provisions of these Terms, such failure will not be considered a waiver of the relevant right.

Assignment. Your rights and obligations arising from these Terms may not be assigned or transferred to any third party without prior written consent from BLIP.

Severability. If any provision of these Terms is considered null, invalid, ineffective, or unenforceable, that provision will be treated as separate, with the remaining provisions remaining in full force and effect.

Governing Law and Jurisdiction. Brazilian law will govern these Terms and the relationship between you and BLIP, which is of a civil nature, and the Consumer Protection Code will not apply under any circumstances. In the event of any dispute between you and BLIP, the courts of Belo Horizonte/MG will have exclusive jurisdiction to resolve the matter.

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