These Terms govern:
the use of this service and,
any other related Contract or legal relationship with the Owner in a legally binding manner. Words starting with capital letters are defined in the respective specific section of this document.
Legal Definitions and References
Zapper (or this application)
Contract
Any contractual or legally binding relationship between the Owner and the User, governed by these Terms.
Commercial User
Any User who does not qualify as a Consumer.
Owner (or We)
Indicates the legal entity that provides Zapper and/or renders the Service to Users.
Product
A good or service available for purchase through this service (www.zapper.to), such as digital services, software, etc.
The sale of Products may be part of the Service, as defined above.
Service
The service provided by Zapper, as described in these Terms and in this service.
Terms
All provisions applicable to the use of this service and/or the Service, as described in this document, including any other related documents or contracts, and as updated from time to time.
User (or You)
Indicates any individual or legal entity that is using Zapper.
Information about Zapper
The software must meet the main business objective: monitoring conversations of corporate WhatsApp of selected Monitored Employees, by the Account Administrator.
It includes the following functionalities:
Administrator's ability to view all Monitored Content and occurrence of Events (Compliance alerts) and their respective classifications;
Consistent recording of the Monitored Content of all involved Monitored Employees, and access to conversation history;
Automated sending by email of Alerts to the Administrator when mapped content is detected in the Keywords;
Event classification by the Administrator and permission to leave comments on Positive Alerts indicating how the situation was remedied;
Access to quantitative information regarding employee monitoring.
Zapper refers to:
any applications, samples and content files, source codes, scripts, instruction sets, or software included as part of the Service, as well as any related documentation.
The following documents are incorporated by reference in these Terms:
Terms of Use
Unless otherwise specified, the terms of use detailed in this section shall generally apply when using Zapper.
Unique or additional conditions of use or access may apply in specific scenarios and in these cases will be additionally indicated in this document.
By using Zapper, Users confirm that they meet the following requirements:
Users may not qualify as Consumers, but rather as Business Users;
Users must be recognized as adults under applicable law.
Account registration
To use the Service, Users must register or create a User account, providing all requested data or information completely and accurately.
Failing to do so will result in the unavailability of the Service.
Users will be responsible for keeping their authentication data confidential and secure. For this reason, Users will also be required to choose passwords that meet the highest strength standards allowed by Zapper.
By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users will be required, immediately and unequivocally, to inform the Owner through the contact details indicated in this document if they believe that their personal information, including but not limited to, User accounts, access data, or personal data, has been violated, improperly disclosed, or stolen.
Account deactivation
Users may deactivate their account and stop using the Service at any time, respecting only the 30-day notice period, by contacting the Owner directly via email at cancelamento@zapper.to.
Suspension and exclusion of accounts
The Owner reserves the right to suspend or delete the User's account at any time and without notice, at the sole discretion of the Owner, in the following cases:
violation of these Terms by the User; and/or
the use or access of this service (Zapper) by the User may harm the Owner, other Users, or third parties; and/or
the use of this service by the User may result in the violation of laws or regulations; and/or
in the event of an investigation by legal action or government involvement; and/or
the account or its use is considered, at the sole discretion of the Owner, inappropriate or offensive or in violation of these Terms.
The suspension or deletion of User accounts will not entitle Users to any claims for reimbursement, damages, or refunds.
The suspension or deletion of accounts due to causes attributable to the User will not exempt the User from paying any applicable fees or charges.
Content provided by Zapper
Unless otherwise specified or made clearly recognizable, all content made available by Zapper will be owned and provided by the Owner or its licensors.
The Owner will make its best efforts to ensure that the content provided by Zapper does not violate any applicable legal provisions or third-party rights. However, it may not always be possible to achieve this result.
In such cases, without prejudice to any legal prerogative of Users to seek their Rights, Users are kindly requested to preferably communicate related complaints using the contact details provided in this document.
Rights related to content in this service
The Owner retains and reserves all intellectual property rights to such content.
Therefore, Users may not use such content in any manner that is not necessary or implied in the appropriate use of the Service.
In particular, among other things, Users may not copy, download, share (beyond the limits provided below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties, or create derivative works from the content made available by Zapper, nor allow third parties to do so through the User or their device, even without the User's knowledge.
Where expressly stated in this service, the User may download, copy, and/or share some content made available by Zapper, solely for their personal and non-commercial use, and provided that the copyright notices and all other attributions requested by the Owner are correctly implemented.
Any exception or regulatory limitation of copyright rights applicable will remain unaffected.
Access to external resources
Through this service, Users will be able to access external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and, therefore, is not responsible for their content and availability.
The conditions applicable to any resources provided by third parties, including those applicable to any granting of rights over content, will result from the terms and conditions of each of these third parties or, in their absence, from applicable law.
Acceptable use
Zapper and the Service may only be used within the scope for which they are provided, in accordance with these Terms and applicable legislation.
Users will be solely responsible for ensuring that when using Zapper and/or the Service, they are not violating any applicable legislation, regulations, or third-party rights.
As such, the Owner reserves the right to take any appropriate measures to protect its legitimate interests, including denying Users access to Zapper or the Service, terminating contracts, reporting any illegal conduct committed through this service or the Service to the competent authorities – such as judicial or administrative authorities – whenever Users become involved or there is suspicion that they are involved in any of the following activities:
the violation of laws, regulations, and/or these Terms;
the violation of any third-party rights;
significant harm to the legitimate interests of the Owner;
offense to the Owner or any third party.
Referral Program
Zapper gives Users the opportunity to receive benefits if, as a result of their referral, any new User purchases a Product offered in this service (www.zapper.to).
To explore all the details and applicable conditions, Users can consult the specific terms and conditions within the respective section of this service.
The Owner reserves the right to terminate the offer at any time, at its sole discretion.
Software License
The software embedded or associated with Zapper is provided under a license with some rights reserved.
This means that Users are granted broad rights, including, among others, the rights to use, run, copy, or distribute the software, to the extent determined by such license.
The terms of such license shall always prevail over conflicting, divergent, or incompatible provisions of these Terms.
Users may find more information about the license terms in the respective section of this service www.zapper.to.
Terms of use of the APIs
Users will be able to access their data related to Zapper through the Application Programming Interface (API). Any use of the APIs, including use of the APIs through a third-party product/service that accesses Zapper, will be bound by these Terms and, in addition, by the following specific terms:
The User expressly understands and agrees that the Owner will not be responsible or obliged for any damages or losses resulting from the User's use of the APIs or from their use of any third-party products/services that access data through the APIs.
Paid products
Some of the Products provided through Zapper, as part of the Service, are provided for a fee.
The rates, duration, and conditions applicable to the purchase of such Products are described below and in the specific sections of this service.
Product description
Prices, descriptions, or availability of Products are described in the respective sections of this service and are subject to change without notice.
Although the Products in this service are presented with the greatest possible technical accuracy, the representation in this service through any means (including, where applicable, graphic materials, images, colors, sounds) will be for reference purposes only and will not imply any guarantee regarding the characteristics of the purchased Product.
The characteristics of the chosen Product will be described during the purchasing process.
Purchase process
Any action taken from choosing a Product to placing the order is part of the purchasing process.
The purchasing process includes these steps:
Users must choose the desired Product and verify their purchase selection;
After analyzing the information displayed in the purchase selection, Users may place the order by submitting it.
When the User submits an order, the following will apply:
Submitting an order constitutes the contract and creates an obligation for the User to pay the price, taxes, and any other possible fees and expenses, as specified on the order page;
If the purchased Product requires active input from the User, such as providing information or personal data, specifications, or special wishes, submitting the order creates an obligation for the User to act accordingly;
Upon submitting the order, Users will receive a receipt confirming that the order has been received.
All notifications related to the described purchasing process must be sent to the email address provided by the User for these purposes.
Prices
Users will be informed during the purchase process and before the order is shipped about any fees, taxes, and expenses that will be charged.
The prices in this service will be displayed:
including or excluding any applicable fees, taxes, and expenses, depending on the section the User is browsing.
Payment methods
Information related to accepted payment methods will be provided during the purchasing process.
Some payment methods may only be available under certain conditions or additional fees. In such cases, the relevant information can be found in the specific section of this service.
The indicated payment methods are managed directly by the Owner. In this case, the Owner will collect and store the necessary data for processing payments and to fulfill any associated obligations. The User can read the privacy policy of this service to learn more about data processing and the User's rights regarding their data.
Other payment methods are independently provided by third-party services. In such cases, Zapper does not collect any payment information – such as credit card data – but only receives a notification from the respective third-party provider as soon as the payment has been successfully completed.
If, through the available methods, payment fails, the Owner will have no obligation to fulfill the purchase order. Any possible expense or fee arising from the failure or refusal of payment will be borne by the User.
Retention of ownership over the Product
Until the total purchase amount is received by the Owner, any Products ordered will not become the property of the User.
Retention of usage rights
Users will not acquire any rights to use the purchased Product until the total purchase amount is received by the Owner.
Delivery
Delivery of digital content
Unless stated otherwise, digital content purchased from this service will be delivered via download to the devices chosen by the Users.
Users acknowledge and accept that, in order to download and/or use the Product, the intended devices and their respective software (including operating systems) must be lawful, commonly used, updated, and compatible with current market standards.
Users acknowledge and accept that the ability to use the purchased Product may be limited in time and space.
Contract duration
Signatures
Subscriptions allow Users to receive a Product continuously or regularly over a set period of time.
Paid subscriptions start on the day the payment is received by the Owner.
To maintain subscriptions, Users must pay the recurring fee within the deadlines. If this is not done, services may be interrupted.
Termination of subscriptions with no fixed term
Fixed-term subscriptions may be terminated at any time by sending an unequivocal termination notice to the Owner, using the contact details provided in this document.
Terminations will take effect 30 days after the termination notice has been received by the Owner.
Responsibilities, indemnification, and disclaimer of liability
General provisions
No waiver
If the Owner does not impose any right or provision provided for in these Terms, this will not constitute a waiver of such right or provision. No present waiver shall be considered a future or continued waiver of such term or other terms.
Service interruption
In order to ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates, or any other changes, properly informing the Users.
Within the limits of the law, the Owner may also decide to suspend or terminate the Service as a whole. If the Service is terminated, the Owner will cooperate with the Users to allow them to recover Personal Data or information, in accordance with applicable legislation.
Moreover, the Service may not be available for reasons beyond the reasonable control of the Owner, such as "force majeure" events (e.g.: labor-related actions, infrastructure failures, power outages, etc.).
Service Resale
Users may not reproduce, duplicate, copy, sell, resell, or exploit any part of this service or its Service without the prior written authorization of the Owner, either directly or through a legitimate resale program.
Privacy Policy
For more information on the use of your Personal Data, Users should consult the privacy policy of this service (https://zapper.to/privacy), which is stated as part of these Terms.
Intellectual Property Rights
Without prejudice to any more specific provisions of these Terms, any intellectual property rights, such as copyright, trademark rights, patent rights, and design rights related to Zapper will be the exclusive property of the Owner or its licensors and will be subject to the protection guaranteed by applicable laws or international treaties related to intellectual property.
All registered trademarks – nominal or figurative – and all other brands, trade names, service marks, logos, illustrations, images or symbols that appear associated with Zapper will be and will continue to be the exclusive property of the Owner or its licensors and will be subject to the protection guaranteed by applicable laws or international treaties related to intellectual property.
Changes to these terms
The Owner reserves the right to change or otherwise modify these Terms at any time. In such cases, the Owner will adequately inform the User about these changes.
Such changes will only affect future relations with the User.
Continued use of the Service will imply acceptance of the revised Terms by the User. If Users do not wish to be bound by the changes, they must stop using the Service. Non-acceptance of the revised Terms may give either party the right to terminate the Agreement.
The previous applicable version will govern the relationship prior to the User's acceptance. The User may obtain any previous version from the Owner.
Assignment of the contract
The Owner reserves the right to transfer, assign, novate, or subcontract all rights or obligations provided for in these Terms, taking into account the legitimate interests of the User.
Provisions related to changes in these Terms will be applied accordingly.
Users may not assign or transfer their rights or obligations provided for in these Terms in any way, without the written authorization of the Owner.
Contacts
All communications related to the use of this service must be sent using the contact information provided in this document.
Independence of the clauses
If any provision of these Terms is found to be invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision will not affect the validity of the remaining provisions, which shall remain in full force and effect.
Applicable law
These Terms will be governed by the law of the location where the Owner is located, as provided in the respective section of this document, without reference to conflicts of legal principles.
Exception for European Consumers
However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides a higher standard of consumer protection, these higher standards will prevail.
Jurisdiction forum
The exclusive competence to decide on any controversy arising from or associated with these Terms shall be under the jurisdiction of the local courts where the Owner is located, as provided in the respective section of this document.
Conflict resolution
Friendly resolution of conflicts
Users may present any conflicts to the Owner, who will try to resolve them amicably.
Although the rights of Users to take legal action are never affected, in the event of any controversy regarding the use of this service or the Service, Users are kindly asked to contact the Owner using the contact details provided in this document.
The User may send the complaint to the Owner using the specific section of this service and following the instructions provided.
The Owner will process the request without unjustified delay and within 15 days from its receipt.
Zapper is provided by:
WHATS - WHATSPREAD MARKETING LTDA
CNPJ: 25.128.908/0001-06
Mailing Address: Rua Visconde de Pirajá 111/619, Rio de Janeiro/RJ
Contact email: juridico@zapper.to
Last updated: February 11, 2022
