Terms of Service

Tangerine Flow provides an automated messaging and customer relationship management (CRM) platform designed to help businesses communicate with customers through WhatsApp. Our Services include:

• WhatsApp Integration: Tools to connect, manage, and automate messaging through WhatsApp Business Account
• Message Automation: Features to create and deploy automated message sequences, chatbots, and workflows
• Customer Management: CRM functionality to organize, track, and manage customer interactions and data
• Analytics and Reporting: Insights into message performance, customer engagement, and campaign metrics
• Template Management: Creation and storage of pre-approved message templates for WhatsApp
• API Access: Developer tools for integrating Tangerine Flow with third-party systems

The Services depend on the WhatsApp Business Platform operated by Meta Platforms, Inc. Your use of the Services is additionally subject to WhatsApp's Business Terms, Commerce Policy, and Business Messaging Policy. In case of conflict between this Agreement and WhatsApp/Meta policies, WhatsApp/Meta policies prevail with respect to WhatsApp platform usage.

Tangerine Flow may modify, suspend, or discontinue features of the Services at any time, with reasonable prior notice to users, except in cases of urgency or legal/regulatory requirement.

To use the Services, you must create an account by providing accurate, complete, and current information, including your name, email address, phone number, and company details (if applicable).

You agree to:

• Provide true, accurate, and current information during registration
• Maintain and promptly update your account information
• Maintain the confidentiality of your login credentials
• Accept full responsibility for all activities under your account
• Notify Tangerine Flow immediately of any unauthorized access

You must be at least 18 years old and possess legal capacity to enter into binding agreements under Brazilian law. If registering on behalf of a company or legal entity, you represent that you have authority to bind that entity to this Agreement.

Tangerine Flow reserves the right to refuse registration, suspend, or terminate accounts at its discretion, subject to providing reasonable justification.

A Business Owner is any individual or entity that uses Tangerine Flow to manage its own customer communications and operations.

An Agencyis a service provider retained by a Business Owner to create and/or manage a Tangerine Flow account and use the Services on the Business Owner's behalf.

Agency Obligations

If you are an Agency, you agree to:

• Correctly identify the Business Owner as an administrator on the Account
• Confirm you are authorized to use the Services on the Business Owner's behalf
• Maintain written agreements with each client covering services, liability, and compliance
• Ensure all client communications comply with this Agreement and applicable laws

The Business Owner is the sole account representative of any account created on its behalf by an Agency. The Agency retains its rights in designs, templates, flows, sequences, and other intellectual property created by the Agency for the Business Owner (“Agency Content”).

In the event of termination of the relationship between a Business Owner and its Agency, the Business Owner will promptly notify Tangerine Flow. Following transfer, the Business Owner becomes solely responsible for subscription payments.

“User-Generated Content” means any content, information, messages, flows, media, and materials that you provide, submit, upload, or make available through the Services.

You retain all ownership rights to your User-Generated Content. By using the Services, you grant Tangerine Flow a limited, non-exclusive, worldwide, revocable license to host, store, process, and transmit your content solely as necessary to provide the Services.

You represent and warrant that your User-Generated Content: (i) will not be false, inaccurate, or misleading; (ii) will not infringe on any third party's intellectual property or privacy rights; (iii) will not violate any applicable law or regulation; (iv) will not be defamatory, threatening, obscene, or harmful to minors; (v) will not contain viruses, malware, or malicious code; and (vi) will not misrepresent you as being employed by or affiliated with Tangerine Flow.

Tangerine Flow does not endorse, verify, or guarantee the accuracy of User-Generated Content and disclaims any responsibility arising from it. We reserve the right to remove content that violates this Agreement, applicable law, or WhatsApp/Meta policies, with prior notification when possible.

You are required to use the Services in full compliance with all applicable laws, including the LGPD, the Consumer Defense Code, the Marco Civil da Internet, and WhatsApp's Business Platform Policies.

Consent Requirements

You agree to obtain and maintain valid legal basis for processing personal data of your contacts, as required by Article 7 of the LGPD. You must obtain explicit, documented consent from each customer before sending automated messages or campaigns to their WhatsApp number.

WhatsApp-Specific Obligations

You acknowledge and agree that:

• You must use exclusively message templates approved by Meta/WhatsApp to initiate conversations
• You must respect the 24-hour conversation windows of WhatsApp Business Platform
• You must provide a clear and free mechanism for contacts to opt-out (e.g., “STOP” or “SAIR”)
• You must not send messages with content prohibited by WhatsApp policies
• You are solely responsible for the content of messages sent through the Platform

Opt-Out Compliance

You must immediately honor opt-out requests. You will not send messages to any individual who has opted out or withdrawn consent, and you will not re-subscribe contacts without explicit new consent.

Tangerine Flow acts solely as a service provider enabling the sending of your messages. You exercise control over message content and destination and must ensure compliance with all applicable laws.

You are prohibited from using the Services to:

1. Conduct any unlawful acts or violate any applicable law or regulation
2. Send unsolicited bulk messages (spam) without customer consent
3. Harass, abuse, threaten, defame, stalk, intimidate, or discriminate against any person
4. Submit false or misleading information
5. Upload or transmit viruses, malware, or malicious code
6. Interfere with or circumvent the security features or proper functioning of the Services
7. Attempt to access unauthorized accounts or collect personal information without authorization
8. Impersonate another person or misrepresent your affiliation with a person or entity
9. Copy, distribute, or disclose any part of the Services in any medium not allowed by this Agreement
10. Use automated systems (robots, spiders, scrapers) to access the Services outside provided APIs
11. Attempt to decompile, disassemble, or reverse-engineer any software used to provide the Services
12. Violate WhatsApp/Meta policies in any way
13. Abuse trial offerings or rebate offerings
14. Resell, sublicense, or redistribute access to the Services without prior written authorization
15. Collect, store, or process personal data in violation of LGPD or consumer protection laws

We reserve the right to terminate your use of the Services for violating any of these prohibitions.

You represent and warrant that:

• You are 18 years of age or older and legally capable of entering into binding contracts
• You have the right, authority, and capacity to enter into and abide by this Agreement
• You have read, understand, and agree to be bound by this Agreement and the Privacy Policy
• You will act in accordance with applicable laws and in good faith
• You are solely responsible for obtaining end-user consent in full compliance with LGPD (including Articles 7 and 8)
• You will not use the Services to communicate with consumers who have requested you cease contacting them
• You are responsible for determining whether the Services are suitable for your regulatory requirements

LGPD-Specific Representations

If you are subject to LGPD, you represent and warrant that:

• You will obtain valid legal basis to transfer data to Tangerine Flow and cause such data to be processed
• You will inform your data subjects that their personal data will be transferred to Tangerine Flow
• You will comply with your posted privacy policy
• You have collected, stored, used, and transferred all data in compliance with LGPD
• You acknowledge that Tangerine Flow acts as the Operator (Processor) of your customer data, and you remain the Controller for purposes of LGPD
• You agree not to use the Services to collect or process sensitive personal data (Article 5, II of LGPD) without specific legal basis (Article 11)
• You will not use the Services for automated individual decision-making that produces legal effects on individuals without appropriate safeguards (Article 20 of LGPD)

Roles in Data Processing

For purposes of LGPD:

• You (the User) act as Controller of the personal data of your contacts/subscribers, responsible for defining purposes and means of processing
• Tangerine Flow acts as Operatorof your contacts' personal data, processing it on your behalf to provide the Services
• Tangerine Flow acts as Controller of your personal data (registration, billing, and platform usage data)

Legal Bases for Processing (Article 7 of LGPD)

Tangerine Flow processes your personal data based on:

• Contract execution (Art. 7, V): Data necessary for service provision, account management, and billing
• Legal or regulatory obligation (Art. 7, II): Data necessary for tax, accounting, and regulatory obligations
• Legitimate interest (Art. 7, IX and Art. 10): Data used for service improvement, security, fraud prevention, and service-related communications, where fundamental rights and freedoms of the data subject do not prevail
• Consent (Art. 7, I): When applicable, for specific purposes such as marketing communications and non-essential cookies

Your Obligations as Controller

As Controller of your contacts' data, you commit to:

• Obtain and maintain valid legal basis for processing (Art. 7)
• Adequately inform your contacts about data processing, including purposes, form, and duration (Art. 9)
• Respond to data subject rights requests (Art. 18)
• Not collect or process sensitive personal data without specific legal basis (Art. 11)
• Not process children's and adolescents' data without specific consent from at least one parent or legal guardian (Art. 14)
• Maintain records of data processing operations (Art. 37)

Tangerine Flow's Obligations as Operator

As Operator of your contacts' data, Tangerine Flow commits to:

• Process data exclusively according to your lawful instructions and for service provision (Art. 39)
• Implement adequate technical and administrative security measures (Art. 46)
• Not share your contacts' data with third parties without your instruction or legal obligation
• Assist you in responding to data subject requests when applicable
• Notify you of security incidents involving your contacts' data (Art. 48)
• Delete or return personal data upon contract termination, according to your instructions and applicable law (Arts. 15-16)

Data Subject Rights (Article 18 of LGPD)

In relation to their own personal data, users may exercise the following rights:

• Confirmation of the existence of processing
• Access to personal data
• Correction of incomplete, inaccurate, or outdated data
• Anonymization, blocking, or deletion of unnecessary or excessive data
• Data portability to another service provider
• Deletion of personal data processed based on consent
• Information about entities with which data has been shared
• Information about the possibility of not providing consent and the consequences
• Revocation of consent at any time through a free and facilitated procedure

Requests will be fulfilled within the timeframes established by Article 19 of LGPD: simplified format immediately; complete declaration within 15 days.

Data Protection Officer (DPO)

Tangerine Flow has designated a Data Protection Officer pursuant to Article 41 of LGPD. Contact information is available on our website and in the Privacy Policy.

Data Processing Agreement (DPA)

The data processing relationship between you (Controller) and Tangerine Flow (Operator) is additionally governed by the Data Processing Agreement (“DPA”), available on the Tangerine Flow website, which forms an integral part of this Agreement.

Currency and Pricing

All prices are expressed in Brazilian Reais (BRL) and include applicable taxes unless otherwise indicated. Tangerine Flow reserves the right to change prices with 30 days' prior notice; changes apply to the next billing cycle. Annual price adjustments, when applicable, will be based on the IPCA/IBGE index.

Payment Methods

Tangerine Flow accepts payments via: (a) credit card; (b) boleto bancário; (c) PIX; (d) other methods as made available. Payment processing is handled through third-party payment processors.

Billing Cycle

Subscriptions are billed in monthly or annual cycles. Billing is recurring and automatic, occurring at the start of each billing period.

Automatic Renewal

Subscriptions automatically renew at the end of each billing cycle for the same period and current price (subject to previously communicated adjustments) until canceled by you.

WhatsApp Conversation Costs

In addition to the platform subscription, you are responsible for WhatsApp Business Platform conversation costs charged by Meta, per Meta's current pricing table for Brazil. Tangerine Flow may intermediate such charges, passing them through to you.

Invoice

Tangerine Flow will issue an electronic service invoice (NFS-e) for all payments, as required by Brazilian tax law.

Late Payment

If payment is not received within 15 days of the due date, your account may be suspended. Continued non-payment may result in termination and legal action to recover unpaid amounts, including applicable interest and collection costs under Brazilian law.

Tangerine Flow may offer free trial periods (“Trial”) for certain plans. Specific conditions, including duration and available features, will be disclosed at the time of the offer.

UNLESS YOU CANCEL BEFORE THE END OF THE TRIAL PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY CONVERT TO THE CORRESPONDING PAID PLAN AND YOUR PAYMENT METHOD WILL BE CHARGED. You will be notified of the conversion with reasonable advance notice.

Tangerine Flow reserves the right to limit Trial availability, including restricting to one Trial per user or per company.

Cancellation by You

You may cancel your subscription at any time through the platform dashboard or by contacting support. Cancellation takes effect at the end of the current billing cycle, and access is maintained until that date.

Right of Withdrawal (CDC, Article 49)

If the contract was entered into outside of a commercial establishment (including online), consumer users (individuals) may exercise the right of withdrawal within 7 (seven) days from the date of contracting or the start of service provision, whichever is later, with the right to a full refund of all amounts paid.

Proportional Refund

Outside the withdrawal period under CDC Article 49, no refund will be issued for the current billing cycle. For annual subscriptions, refunds will be proportional to the unused period, less any discounts granted at annual contracting.

Cancellation by Tangerine Flow

Tangerine Flow may cancel or suspend your account in the circumstances described in Section 14. In case of cancellation without just cause by Tangerine Flow, a proportional refund for the remaining subscription period will be provided.

Effects of Cancellation

After cancellation: (a) access to the Services will be discontinued; (b) your data will be retained for 30 days for recovery purposes, after which it will be permanently deleted, subject to legal retention obligations; (c) payment obligations accrued before cancellation remain enforceable.

The Services may contain links to or integrate with third-party websites and services. Such links do not constitute endorsement by Tangerine Flow. We are not responsible for third-party (i) availability or accuracy, or (ii) content, products, or services.

Your use of third-party services is governed by those services' terms and privacy policies. Tangerine Flow expressly disclaims any liability arising from your use of third-party websites and services.

By connecting your account to third-party services (including WhatsApp), you authorize Tangerine Flow to access and process data necessary for the integration, strictly within the limits necessary for service provision (principle of necessity, Article 6, III of LGPD).

WhatsApp Disclaimer. Tangerine Flow is an independent third-party application and is not affiliated with, endorsed by, or authorized by WhatsApp Inc. or Meta Platforms, Inc.

All text, graphics, designs, software, trademarks, logos, and other intellectual property of Tangerine Flow (“Proprietary Material”) are owned by Tangerine Flow or its licensors, protected by the Brazilian Copyright Law (Lei 9.610/1998), Industrial Property Law (Lei 9.279/1996), and other applicable laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your authorized business purposes. You may not:

• Copy, modify, or create derivative works of the Proprietary Material
• Reverse-engineer, decompile, or disassemble our software
• Remove proprietary notices
• Resell, redistribute, or commercialize the platform without authorization

You retain all rights to your User-Generated Content. Any feedback, ideas, or suggestions you submit about the Services may be used by Tangerine Flow without compensation or obligation to you.

Suspension for Violation

Tangerine Flow may suspend access immediately and without prior notice in the following cases:

• Material violation of this Agreement, including the prohibited uses in Section 6
• Violation of WhatsApp/Meta policies that jeopardizes platform operation
• Use of the Services for illegal or fraudulent activities
• Payment default for more than 15 days
• Judicial or administrative order

Notice and Opportunity to Respond

Except in cases of urgency or legal requirement, Tangerine Flow will notify you of the suspension and reasons, granting a reasonable period for regularization of no less than 5 business days, in compliance with due process principles.

Termination by Tangerine Flow

Tangerine Flow may terminate your account with 30 days' prior notice, except in cases of serious violation per the grounds listed above.

Inactive Accounts

If there is no activity in your account for at least 18 consecutive months, we will endeavor to notify you by email and give you the option of keeping your account open. If you do not respond within 30 days, we reserve the right to close your account and delete all your data.

Post-Termination

Following termination, we reserve the right to delete all your data, including User-Generated Content, after the 30-day recovery period. The provisions of this Agreement that by their nature should survive termination will remain in effect.

Consumer Rights Preserved

No provision of this Agreement shall be interpreted to limit or exclude mandatory consumer rights under the Consumer Defense Code, including protection against abusive clauses (Article 51 of CDC).

Service Disclaimer

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TANGERINE FLOW DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE.

Tangerine Flow is not liable for damages arising from: (i) force majeure or fortuitous events; (ii) exclusive fault of the user or third party; (iii) unavailability or changes to the WhatsApp Business Platform or other third-party platforms; (iv) content created, sent, or processed by you through the Platform.

Liability Cap

For users who do not qualify as consumers under the CDC (e.g., legal entities using the Services as a productive input), Tangerine Flow's total liability for any damages shall be limited to the total amount paid by you in the 12 months preceding the damaging event.

Tangerine Flow shall not be liable for lost profits, indirect, punitive, or consequential damages, except to the extent imposed by applicable law.

Third-Party Disclaimer

Tangerine Flow does not guarantee the availability, performance, or continuous operation of the WhatsApp Business Platform or any third-party platforms integrated with the Services.

You agree to indemnify, defend, and hold harmless Tangerine Flow, its directors, employees, service providers, and partners against any losses, damages, costs, and expenses (including reasonable attorney's fees) arising from:

• Your violation of this Agreement
• User-Generated Content that violates third-party rights or applicable law
• Your use of the Services in non-compliance with Brazilian law, including LGPD
• Claims by third parties (including contacts/subscribers) related to your data processing
• Your violation of WhatsApp/Meta policies

The indemnification obligation does not apply to the extent the loss or damage was caused by the exclusive fault of Tangerine Flow.

Personal data will be retained only for the time necessary to fulfill the purposes for which it was collected, observing the principles of purpose and necessity (Article 6, I and III of LGPD), and for the following additional periods:

• Data necessary for legal or regulatory compliance: for the legally required period (e.g., tax and accounting obligations, statute of limitations)
• Data necessary for exercise of rights in judicial, administrative, or arbitral proceedings: for the applicable statute of limitations
• Anonymized data: may be retained indefinitely, provided anonymization is irreversible per Article 12 of LGPD

Upon contract termination, personal data will be deleted per Articles 15 and 16 of LGPD, except for the conservation scenarios provided in Article 16.

Before cancellation, you may export your data and content through the tools provided in the Platform. After cancellation, data will be retained for 30 days for recovery purposes, after which it will be permanently deleted, subject to legal retention obligations.

The Services may involve international transfer of personal data, particularly for cloud infrastructure and third-party services located outside Brazil.

Any international transfer of personal data will be carried out in compliance with Article 33 of LGPD, based on one or more of the following safeguards:

• Countries or international organizations providing an adequate level of data protection as assessed by ANPD (Art. 33, I)
• Specific contractual clauses or standard contractual clauses (Art. 33, II, a and b)
• Binding corporate rules (Art. 33, II, c)
• Transfer necessary for contract execution between you and Tangerine Flow (Art. 33, II combined with Art. 7, V)
• Specific and prominent consent from the data subject, with prior information about the international nature of the transfer (Art. 33, VIII)

Tangerine Flow will maintain updated information about destination countries and applicable safeguards in the Privacy Policy or DPA.

Tangerine Flow implements technical and administrative security measures to protect personal data against unauthorized access and accidental or unlawful destruction, loss, alteration, communication, or dissemination, per Article 46 of LGPD, including:

• Encryption of data in transit (TLS) and at rest
• Role-based access control (RBAC) and multi-factor authentication
• Continuous security monitoring and intrusion detection
• Regular backups with tested recovery procedures
• Logical data segregation between users (multi-tenancy)
• Audit logging of processing operations

In case of a security incident that may pose risk or relevant damage to data subjects, Tangerine Flow will: (a) notify ANPD and affected data subjects within a reasonable timeframe per Article 48 of LGPD; (b) notify affected users (when acting as Operator) so they may fulfill their own notification obligations as Controllers.

Tangerine Flow may send communications related to the Services via: (a) email to your registered address; (b) in-platform notifications; (c) WhatsApp messages to your registered number.

Transactional Communications

Essential service communications (security notices, Terms updates, billing notifications, account information) are not subject to opt-out, based on contract execution (Art. 7, V of LGPD).

Marketing Communications

Promotional and marketing communications will only be sent based on your consent (Art. 7, I of LGPD), which may be revoked at any time through a free and facilitated procedure (Art. 8, §5 of LGPD).

Each party agrees to maintain the other party's confidential information in strict confidence. Confidential Information means any non-public information shared by either party, including business plans, customer lists, pricing, technical information, and trade secrets.

Confidential Information does not include information that: (a) is or becomes publicly available without breach; (b) was rightfully known before disclosure; (c) is independently developed; (d) is rightfully received from a third party; (e) must be disclosed by law or court order.

Confidentiality obligations remain in effect for 2 years after termination of the contractual relationship.

Applicability. This Agreement is subject to the Consumer Defense Code (Lei 8.078/1990) when you qualify as a consumer under Article 2 of the CDC.

Abusive Clauses. Any clause of this Agreement deemed abusive under Article 51 of the CDC is null and void, without prejudice to the validity of other clauses.

Right of Withdrawal. The provisions of Section 11 regarding the 7-day right of withdrawal apply in full.

No Mandatory Arbitration. In compliance with Article 51, VII of the CDC and settled jurisprudence, no provision of this Agreement imposes mandatory arbitration on consumers. Arbitration shall only be used if expressly agreed by the parties after the dispute arises.

Collective Action Rights. No provision of this Agreement prevents consumer users from participating in class actions, public civil actions, or any other collective legal mechanisms provided by Brazilian law.

Fair Commercial Practices. Tangerine Flow commits to: (a) provide clear and adequate information about the Services, prices, and conditions (Art. 6, III of CDC); (b) not employ abusive or deceptive commercial practices (Arts. 37 and 39 of CDC); (c) maintain an effective and accessible customer service channel.

This Agreement is governed by and construed in accordance with the laws of the Federative Republic of Brazil.

For consumers under the CDC, the jurisdiction of the consumer's domicile is elected for any disputes arising from this Agreement, per Article 101, I of the CDC.

For users who do not qualify as consumers under the CDC, the jurisdiction of the registered office of Tangerine Flow is elected, to the exclusion of any other.

Before filing any legal action, the parties shall make good-faith efforts to resolve disputes amicably, including through mediation, within 30 days of notifying the other party.

Entire Agreement. This Agreement, together with the Privacy Policy, DPA, and any applicable additional terms, constitutes the entire agreement between the parties regarding the Services.

Severability. If any clause is found invalid, null, or unenforceable, the remaining clauses remain in full force and effect.

Assignment. You may not assign or transfer your rights or obligations under this Agreement without prior written consent from Tangerine Flow. Tangerine Flow may assign this Agreement in connection with a merger, acquisition, reorganization, or sale of assets, upon notice to you.

Tolerance. The tolerance of either party regarding non-compliance with any obligation does not constitute novation, waiver, or modification of what was agreed.

Force Majeure. Neither party is liable for delays or non-performance due to force majeure, as defined by Article 393 of the Brazilian Civil Code, including natural disasters, pandemics, wars, government acts, widespread telecommunications failures, and large-scale cyberattacks.

No Agency. Nothing in this Agreement creates an employment, partnership, joint venture, franchise, or commercial representation relationship between the parties.

Modifications.Tangerine Flow may modify this Agreement at any time, upon publication of the updated version on the website and notification to users with at least 30 days' advance notice. Changes that increase obligations or restrict consumer user rights shall only be effective upon the user's express consent, per Article 46 of the CDC. If you disagree with changes, you may cancel your account before the effective date without penalty, receiving a proportional refund for the unused period.

For questions, complaints, or exercise of rights related to this Agreement, contact us:

Tangerine Flow

RENAN VALENTIN FERREIRA
CNPJ: 34.427.828/0001-42
Registered office in Brazil

Customer Support

hello@tangerinetail.com

Data Protection Officer (DPO)

hello@tangerinetail.com

For complaints to the National Data Protection Authority (ANPD): www.gov.br/anpd

For consumer complaints: use the consumidor.gov.br platform or contact your local PROCON.