Terms of Service

Please read these Terms of Service ("Terms") carefully before using the DoesItClick platform. By accessing or using our services, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, accessing, or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using our services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Description of Services

DoesItClick provides an AI-powered platform for testing and validating marketing messaging. Our services include:

• AI-powered message simulation and testing
• Persona creation and management
• Analytics and reporting tools
• API access (depending on your plan)
• Integration with third-party services

2.1 Use of Artificial Intelligence

DoesItClick uses artificial intelligence technologies, including the Gemini model provided by Google, to generate marketing personas, simulate consumer reactions, and analyze marketing messages.

Important limitations:

• AI-generated simulations and personas are auxiliary analysis tools and do not replace market research with real consumers.
• Results may contain inaccuracies, biases, or limitations inherent to the AI models used.
• Generated recommendations do not constitute professional marketing consulting.
• We recommend that business decisions be made based on multiple sources of information.

Data processed by AI: To run simulations, the marketing content you submit (texts, headlines, CTAs) is processed by the AI provider. In the chat assistant, personally identifiable data is automatically masked before being sent to the provider.

3. Account Registration and Security

3.1 Account Creation

To use our services, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

4. Subscription and Payment

4.1 Subscription Plans

We offer various subscription plans with different features and limitations. Details of current plans are available on our Pricing page.

4.2 Payment Terms

You agree to pay all fees associated with your subscription. All fees are non-refundable except as required by law or as explicitly stated in these Terms.

4.3 Cancellation

You may cancel your subscription at any time. Cancellation will take effect at the end of your current billing period. You will continue to have access to your subscription until the end of that period.

5. Acceptable Use

You agree not to use our services to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others
• Upload or transmit viruses, malware, or other malicious code
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the integrity of our services
• Harass, abuse, or harm others
• Generate content that is unlawful, harmful, or discriminatory

6. Intellectual Property

6.1 Our Intellectual Property

DoesItClick retains all rights, title, and interest in and to our services, including all intellectual property rights. These Terms do not grant you any rights to use our trademarks, logos, or other brand features.

6.2 Your Content

You retain ownership of any content you submit to our services. By submitting content, you grant us a worldwide, non-exclusive license to use, reproduce, and process your content solely for the purpose of providing our services to you.

7. Confidentiality

You acknowledge that you may have access to confidential information of DoesItClick. You agree to maintain the confidentiality of such information and not to disclose it to any third parties.

8. Disclaimer of Warranties

DoesItClick is committed to providing services with due diligence and adequate quality standards, in accordance with applicable consumer protection law. We warrant that services will be provided as described, and we are responsible for any defects or inadequacies. The service depends on third-party infrastructure (AI providers, hosting, payment) and may experience interruptions beyond our reasonable control. In the event of a service defect, the consumer may choose: (i) re-performance of the service; (ii) refund of the amount paid; or (iii) proportional price reduction, as provided by applicable law.

9. Limitation of Liability

DoesItClick is liable for damages caused to consumers by defects in service provision under applicable consumer protection law, regardless of fault. Liability covers proven material damages resulting directly and exclusively from a service defect. For free services or experimental features, liability is limited to cases of willful misconduct or gross negligence.

For paid services, in the event of a proven service interruption or failure, the consumer shall be entitled to a proportional refund or extension of the subscription period equivalent to the downtime.

10. Indemnification

You agree to indemnify and hold harmless DoesItClick and its representatives from any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising from: (i) your use of the services in violation of these Terms; (ii) direct infringement of third-party rights; or (iii) content you submit that violates the law. This clause does not apply to consumers in consumer relationships, as provided by applicable consumer protection law.

11. Termination

We may suspend or terminate your access to our services in the following circumstances: (i) violation of these Terms; (ii) fraudulent or illegal use; (iii) non-payment for more than 30 days. In the event of termination for non-payment, you will be notified at least 15 days in advance to remedy the situation. After termination, your data may be exported for 30 days, after which it will be deleted in accordance with our Privacy Policy. For subscriptions, cancellation may be requested at any time, effective at the end of the current billing period.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Federative Republic of Brazil, including but not limited to the Consumer Defense Code (Law No. 8,078/1990), the General Data Protection Law (Law No. 13,709/2018), and the Internet Civil Framework (Law No. 12,965/2014). The courts of Santa Bárbara d'Oeste, State of São Paulo, shall have exclusive jurisdiction to resolve any disputes arising from these Terms.

13. Changes to Terms

We may modify these Terms at any time. We will notify you of significant changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of our services after such changes constitutes your acceptance of the new Terms.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and DoesItClick regarding our services.

16. Contact Information

If you have any questions about these Terms, please contact us:

• Email: hello@doesitclick.ai
• Support: support@doesitclick.ai
• Data Protection Officer (DPO): support@doesitclick.ai
• Lumina Serviços de Consultoria LTDA — CNPJ 57.150.909/0001-43 — Santa Bárbara d’Oeste, São Paulo, Brazil