1. PURPOSE

These Terms regulate the provision, by OpenClick, of artificial intelligence solutions focused on automating and enhancing customer support processes, including but not limited to the Clicksmart platform, integrations, technical support, and complementary services.

2. DEFINITIONS

• ClickSmart Platform: AI solution developed by OpenClick to automate, support, and analyze customer service interactions.
  
  
• Client: Any individual or legal entity contracting OpenClick’s services.
  
  
• End Users: Employees or representatives of the Client who will use the services.
  
  
• Services: Features, integrations, support, and other deliverables provided by OpenClick.
  
  

3. HIRING AND USAGE

3.1. The service agreement is established through acceptance of a commercial proposal or execution of a specific contract, which defines the service scope, pricing, and terms.

3.2. Access to the platform is provided through personal, non-transferable login credentials. The Client is responsible for managing and keeping these credentials confidential.

3.3. Services must be used in compliance with applicable law, especially Brazil’s General Data Protection Law (LGPD – Law No. 13.709/2018).

4. OPENCLICK’S OBLIGATIONS

OpenClick undertakes to:

• Provide the contracted services as defined in the proposal;
  
  
• Ensure the security, privacy, and confidentiality of processed data;
  
  
• Offer technical support according to the agreed service level (SLA);
  
  
• Maintain a reliable and secure infrastructure in line with market best practices.
  
  

5. CLIENT’S OBLIGATIONS

The Client must:

• Use the services ethically, legally, and responsibly;
  
  
• Provide all necessary information for proper configuration and operation;
  
  
• Ensure that its users do not violate the law or these Terms;
  
  
• Make timely payments according to the agreed terms.
  
  

6. FEES AND CONDITIONS

6.1. Pricing, payment methods, and terms will be outlined in the commercial proposal.

6.2. In case of late payment, OpenClick may temporarily suspend access to the platform after 10 days of non-payment and may terminate the contract after 30 days, with prior notice.

6.3. Cancellations must be formally requested by email. If the Client cancels early, a penalty fee equivalent to 30 days of service may apply, as defined in the contractual agreement.

7. LIMITATION OF LIABILITY

7.1. OpenClick is not liable for:

• Misuse of the platform by the Client or users;
  
  
• Interruptions caused by third-party providers such as internet service providers;
  
  
• Business or operational outcomes resulting from the use of its solutions.
  
  

8. INTELLECTUAL PROPERTY

All content, technology, and methodologies used in the ClickSmart platform are the exclusive property of OpenClick. Reproduction, reverse engineering, or unauthorized use is strictly prohibited.

9. CONFIDENTIALITY

Both parties agree to keep all confidential information exchanged during the term of the commercial relationship strictly confidential and may be held liable in case of breach.

10. TERM AND TERMINATION

These Terms take effect upon service activation and shall remain in force for the duration defined in the commercial proposal or agreement. Either party may terminate the agreement with 30 days’ prior notice.

11. JURISDICTION

The parties elect the Court of Florianópolis/SC, Brazil as the sole venue for resolving any disputes arising from these Terms, waiving any other jurisdiction, however privileged it may be.

OPENCLICK TECNOLOGIA DA INFORMAÇÃO LTDA
CNPJ: 43.953.794/0001-10
Address: R. Dr. Heitor Blum, 310 – Room 111, Estreito – Florianópolis/SC – ZIP Code 88075-110
Email: contato@openclick.ai
Website: https://openclick.ai