Terms

Terms and Conditions

Please read our terms of service carefully. We've taken special care to make them clear and understandable.

Introduction

Welcome to STORK TREINAMENTOS LTDA ("Company", "we", "our", "us")! As you have just clicked on our Terms of Service, please pause, grab a cup of coffee and carefully read the following pages. It will take you approximately 5 minutes.

These Terms of Service ("Terms", "Terms of Service") govern your use of our web pages located at https://marketing.chat operated by STORK TREINAMENTOS LTDA

Our Privacy Policy also governs your use of the Service and explains how we collect, protect, and disclose information resulting from your use of the platform. Read it at https://marketing.chat/privacy.

Your agreement with us includes these Terms and our Privacy Policy ("Agreements"). You acknowledge that you have read and understood the Agreements, and agree to be bound by them.

If you do not agree with (or cannot comply with) the Agreements, you may not use the Service, but please let us know by emailing marketing.chat@thecmosmarketers.digital so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use the Service.

Thank you for being responsible.

Communications

We send transactional communications necessary to provide the service (confirmations, billing notices, security alerts, and changes to these Terms), which do not depend on consent as they are essential to performing the contract. Newsletters and promotional materials require your specific opt-in and may be cancelled at any time, via the unsubscribe link or by emailing <email>marketing.chat@thecmosmarketers.digital</email>.

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel an order in the event of product or service unavailability, an error in the description or price, an error in the order, or suspected fraud. Changes to usage limits or to how usage is counted that affect conditions already contracted by paid accounts in good standing will be subject to prior notice, and the customer may terminate without penalty if they disagree, with a pro-rata refund of the unused period. Measures to protect against abusive use may be applied immediately, as set out in the Fair Use Policy.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Contests, sweepstakes and promotions

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules of a Promotion conflict with these Terms of Service, the Promotion rules will apply.

Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or STORK TREINAMENTOS LTDA cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting STORK TREINAMENTOS LTDA customer support team.

A valid payment method is required to process your subscription payment. Payments are processed by Stripe (PCI DSS Level 1); we do not store card data on our servers. You must provide STORK TREINAMENTOS LTDA with accurate and complete billing information. By submitting this information, you authorize the charging of the subscription fees incurred on your account.

Should automatic billing fail to occur for any reason, STORK TREINAMENTOS LTDA will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Free Trial

STORK TREINAMENTOS LTDA may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by STORK TREINAMENTOS LTDA until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, STORK TREINAMENTOS LTDA reserves the right to (i) modify the Terms of Service of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

STORK TREINAMENTOS LTDA may modify the Subscription fees. For paid accounts, any change will take effect only as of the next Billing Cycle and upon at least 30 (thirty) days' prior notice, with the user being free to cancel before it takes effect, at no additional cost.

Price changes applicable to paid accounts in good standing will be communicated at least 30 (thirty) days in advance and take effect only in the following billing cycle. A customer who does not agree may cancel before renewal, at no cost.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Refund Policy: refund requests made within 7 (seven) days of purchase are honoured provided that credit consumption for the period is below 10% of the total contracted. Requests should be sent to <email>marketing.chat@thecmosmarketers.digital</email>. Statutory withdrawal rights under consumer protection law remain unaffected, where applicable.

Fair Use Policy (FUP)

As part of our commitment to providing a high-quality, fast and reliable service, Marketing.chat has a Fair Use Policy (also known as FUP), despite launching unlimited credit/word plans from time to time to prevent excessive use of our service. We expect every user to use this tool reasonably and responsibly, and there are some limits and restrictions that our artificial intelligence providers require, and every user is required to follow the guidelines mentioned below.

We ensure that our fair use policy allows genuine users to comfortably meet their daily and monthly usage requirements, while still meeting certain conditions mentioned below. We further ensure that the provision of our services works fairly for everyone and with the best possible user experience. This should always mean service quality for all users, in an impartial and equitable way. Excessive use of the service by one user can affect the speed and quality of use by other users.

By using this service, you agree to choose a plan compatible with your activity and the size of your business. If your usage consistently exceeds the limits of your contracted plan, we may suggest upgrading to a higher plan or arranging a custom plan.

Misuse: Our AI engine restricts certain types of use cases, such as distributing your unlimited account login details to others in exchange for monetary gain, and considers these activities to be illegal. An account is essentially for a single user, and multiple users on a single login account are not allowed.

In the event of abnormal and intense usage patterns over a short period, consistent with unauthorised automation or resale, we may apply temporary rate limiting (throttling) to the account in order to preserve service availability for all users. The measure is temporary, does not alter the quality of the output delivered, and is communicated to the user when applied on an ongoing basis.

In the event of illegal sharing of your account login details with third parties, or fraudulent or abusive use that compromises the security or availability of the service, the account may be suspended or terminated, without prejudice to any other applicable measures. For paid accounts in good standing, outside cases of abuse, fraud, illegality, or security risk, any suspension or termination on our initiative will be subject to prior notice and a cure period, as set out in the "Termination" section. Nothing in these Terms removes the user's right to file a complaint with consumer protection bodies or the courts, nor to exercise the payment and chargeback remedies provided by law.

Prohibited Uses

You may use the Service only for lawful purposes and in accordance with the Terms. You agree not to use the Service:

  • In any way that violates any applicable national or international law or regulation.
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
  • In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm or offend the Company or users of the Service or expose them to liability.

Restricted Content: Our artificial intelligence providers do not allow the generation of sexual, religious and political content, and therefore you are strictly forbidden from generating such content. If, even by mistake, you try to generate such content, our system will give you an "Unsafe Content" error message the first time, and this should be considered the final warning. Repeatedly generating prohibited content may result in limiting the feature or suspending the account, as set out in the "Termination" section.

Additionally, you agree not to:

  • Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service, including their ability to engage in real time activities through the Service.
  • Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
  • Use any manual process to monitor or copy any of the material on the Service, or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Service.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
  • Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
  • Take any action that may damage or falsify the Company's rating.
  • Otherwise attempt to interfere with the proper working of the Service.

Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

We also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245

Microsoft Clarity

Microsoft Clarity is a behavioral analytics service provided by Microsoft Corporation that helps us understand how users interact with our website through heatmaps and session recordings.

Microsoft Clarity collects data on how you use our site, including mouse movements, clicks and scrolling. This information is used to improve user experience and the functionality of our service.

For more information on Microsoft Clarity's privacy practices, visit: https://privacy.microsoft.com/en-us/privacystatement

You may opt out of Microsoft Clarity by following the instructions available in Microsoft's privacy policy.

No Use by Minors

The Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any portion of the Company, you warrant and represent that you are at least eighteen (18) years of age and have the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of the Terms. If you are not at least eighteen (18) years old, you are prohibited from both accessing and using the Service.

Accounts

When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or one that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

For paid accounts in good standing, refusal of service, account termination, or any material change to conditions will be subject to prior notice and a reasonable cure period. Immediate suspension is restricted to just cause: fraud, abuse, illegal use, non-payment, or risk to the security of the platform or of third parties. Content may be removed when it violates these Terms or applicable law.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of STORK TREINAMENTOS LTDA and its licensors. The Service is protected by copyright, trademark, and other laws of Brazil and other countries, under the terms of Law 9.610/98 (Copyright Law) and Law 9.609/98 (Software Law). Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of STORK TREINAMENTOS LTDA.

Proprietary Content License

Marketing.Chat makes proprietary content available on the platform, including but not limited to: prompt templates, skill instructions, automation flows, content examples, marketing frameworks and knowledge libraries ("Proprietary Content"). This content constitutes intellectual work protected under Law 9.610/98, Arts. 7, I and XIII.

Upon acceptance of these Terms, Marketing.Chat grants the User a license that is:

  • Non-exclusive — Marketing.Chat retains the right to license the same content to third parties.
  • Non-transferable — the User may not sublicense, assign, transfer or share the license with third parties.
  • Revocable — the license may be revoked in case of violation of these Terms or immediately in case of unauthorized use.
  • Limited — restricted to the User's internal use within the Platform, for purposes of the User's own marketing or that of their clients.
  • Temporary — valid for as long as the User's active subscription lasts.

Permitted use: The User may use the Proprietary Content within the platform to generate marketing content. The results (outputs) generated by the platform based on the Proprietary Content are owned by the User, provided that the underlying Proprietary Content remains the exclusive property of STORK TREINAMENTOS LTDA.

Prohibitions: The User is expressly forbidden to: (a) copy, reproduce or extract the Proprietary Content, in whole or in part, for use outside the platform; (b) redistribute, sell, sublicense or make the Proprietary Content available to third parties; (c) use the Proprietary Content to create a competing product or service; (d) use automated techniques (scraping, crawling, bots) to extract the Proprietary Content.

Violation of the above prohibitions constitutes contractual infringement and copyright infringement, subjecting the offender to the penalties set forth in Law 9.610/98, Arts. 101 to 110, including damages and losses indemnification, without prejudice to the immediate termination of the license and cancellation of the subscription.

No provision of these Terms constitutes assignment, transfer or waiver of copyright by STORK TREINAMENTOS LTDA, under the terms of Art. 49 of Law 9.610/98.

User-Generated Content

The User retains ownership of all content they create on the Platform, including custom skills, their own prompts and generated outputs ("User Content").

The User grants STORK TREINAMENTOS LTDA a non-exclusive, royalty-free, worldwide licence to host, process, store, and display User Content, solely to operate and maintain the Platform and provide the contracted service. The licence lasts while the Content remains on the Platform and terminates upon its deletion, except for residual backup copies, which expire according to the infrastructure's retention window. User Content is not used to train artificial intelligence models.

The User is fully responsible for ensuring that their User Content does not violate third-party rights, applicable law, the General Data Protection Law (Law 13.709/18), or these Terms of Use.

After subscription cancellation, User Content remains accessible according to the applicable plan and may be deleted at any time by the User in the dashboard. The User may request full deletion of the account and personal data by emailing <email>marketing.chat@thecmosmarketers.digital</email>, which is carried out within 30 (thirty) days, under Art. 18 of the LGPD, except where legal retention applies.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property rights ("Infringement") of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to marketing.chat@thecmosmarketers.digital, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims"

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting or bad-faith claims on the infringement of any Content found on and/or through the Service of your copyrights.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 USC 512(c)(3) for further details):

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
  • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our Copyright Agent via email at marketing.chat@thecmosmarketers.digital

Error Reporting and Feedback

You may send us information and feedback about errors, improvement suggestions, ideas, problems, and complaints related to the Service by emailing marketing.chat@thecmosmarketers.digital ("Feedback"). You acknowledge that: (i) Feedback must not contain confidential information of yours or of third parties; (ii) we may have development ideas similar to the Feedback; and (iii) we may use the Feedback to improve the Service, without this creating any obligation of compensation. You retain ownership of any intellectual property rights in the content you submit.

The feedback channel is the email address above. We do not use third-party tools to collect error reports submitted by you.

Disclaimer of Warranty

These services are provided by the company on an "as is" and "as available" basis. The Company makes no representations or warranties of any kind, express or implied, as to the operation of their services, or the information, content or materials included therein. You expressly agree that your use of these services, their content, and any services or items obtained from us is at your sole risk.

Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the services. Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that the services, their content, or any services or items obtained through the services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the services or the server that makes them available are free of viruses or other harmful components or that the services or any services or items obtained through the services will otherwise meet your needs or expectations.

The Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

Content Generated by Artificial Intelligence

The Service uses artificial intelligence models to generate text, images, research, and other materials ("Outputs"). The Outputs are provided "as is" and may contain inaccuracies, errors, or outdated information.

The User is solely responsible for reviewing, validating, and adapting the Outputs before using them, especially in deliverables to their own clients or to the public. STORK TREINAMENTOS LTDA does not warrant the accuracy, suitability, or legal compliance of the Outputs and is not liable for decisions made or losses arising from the User's use of the Outputs.

The User is responsible for ensuring that their use of the Outputs complies with applicable law and the rights of third parties.

Limitation of Liability

To the maximum extent permitted by applicable law, we shall not be liable for indirect damages, lost profits, or loss of revenue arising from the use of, or inability to use, the Service. Where liability is established, it shall be limited to the greater of (i) the amounts actually paid by you in the 12 (twelve) months preceding the event and (ii) BRL 5,000.00 (five thousand reais). These limitations do not apply in cases of wilful misconduct or fraud, nor where the law prohibits limitation, and do not affect the rights afforded to consumers under the Brazilian Consumer Protection Code, where applicable.

Governing Law: These Terms shall be governed and construed in accordance with the laws of the State of Santa Catarina, Brazil, without regard to its conflict of law provisions.

Personal Data Processing, Roles, and Indemnification

The processing of personal data within the Service is governed by our Privacy Policy and Law No. 13.709/2018 (LGPD). For account registration and usage data, STORK TREINAMENTOS LTDA is the Controller; for third-party data that the User imports through integrations (such as Google Analytics, Google Ads, Meta Ads, and CRMs), the User is the Controller and STORK TREINAMENTOS LTDA acts as the Processor, processing it solely under instruction.

The User represents and warrants that it holds a valid legal basis and, where required, the consent of the data subjects to process and input into the platform any third-party personal data, and is solely responsible for the lawfulness of the collection and purpose of such data.

The User agrees to indemnify and hold harmless STORK TREINAMENTOS LTDA, its affiliates, and its representatives from any third-party claims, losses, or liabilities arising from (i) the data the User inputs or imports into the Service, (ii) the User's use of the Outputs, or (iii) the User's breach of these Terms or of applicable law.

A Data Processing Agreement (DPA) is available for corporate contracts upon request.

Termination

For paid accounts in good standing, before suspending access, terminating the account, or materially changing the contracted usage limits, we will send prior written notice, by email to the account holder, at least 30 (thirty) days in advance; where the measure results from a curable breach, we will grant a cure period of at least 10 (ten) days to remedy it, during which access will be maintained. There will be no retroactive change to conditions already contracted and paid within the current cycle.

Regardless of prior notice or cure period, we may suspend or terminate access immediately in the clearly characterized cases of: (i) fraudulent or abusive use, or use that compromises the security, integrity, or availability of the service or of third parties; (ii) violation of applicable law or third-party rights; (iii) order from a competent authority; (iv) non-payment; or (v) imminent risk to information security. In such cases, we will notify the user as soon as reasonably possible, stating the reason.

If we terminate a paid account in good standing on our initiative outside the cases in the preceding paragraph, the user will be entitled to a pro-rata refund for the paid and unused period. Nothing in these Terms removes the user's right to submit a complaint or dispute to consumer protection bodies or the courts.

If you wish to terminate your account, you may simply discontinue using the Service or request cancellation through the available channels.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Santa Catarina, Brazil, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede any prior agreements we might have had between us regarding the Service.

Changes to the Service

We reserve the right to improve, change, or discontinue features of the Service. Material changes affecting essential features of paid accounts will be communicated with reasonable prior notice. We will not be liable for temporary unavailability resulting from scheduled maintenance, technical failures, or causes beyond our control; from time to time, we may restrict access to parts of the Service for operational or security reasons.

Amendments to Terms

We may amend these Terms by publishing the updated version on this page. Material changes affecting paid accounts in good standing will be communicated at least 30 (thirty) days in advance, by email or in-platform notice, and a customer who does not agree may terminate without penalty, with a pro-rata refund of the unused period.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Waiver and Severability

No waiver by the Company of any term or condition set forth in the Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under the Terms shall not constitute a waiver of such right or provision.

If any provision of the Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Acknowledgement

By using the Service or other services provided by us, you acknowledge that you have read these Terms of Service and agree to be bound by them.

Contact Us

Please send your feedback, comments, requests for technical support:

Email: marketing.chat@thecmosmarketers.digital

Last updated: 2026