Terms of Service

These Terms of Service (the "Terms") govern your access to and use of the services offered by F&C Soluções Digitais LTDA ("D2 Digital", "we", "us"), including the website ddigital.solutions, all sub-domains, APIs, applications, and related services (collectively, the "Services").

By accessing or using the Services, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, you may not use the Services.

1. Definitions

• "User", "you" — any individual or legal entity that accesses or uses the Services.
• "Client" — a User who has contracted a paid service from us.
• "End user" — a person who interacts with marketing campaigns, websites, or communications operated by us on behalf of a Client.
• "Content" — any text, images, data, code, or other materials made available through the Services.

2. Eligibility & account

• You must be at least 18 years old, or the age of majority in your jurisdiction, and have the legal capacity to enter into a binding contract.
• If you register on behalf of a legal entity, you represent that you are authorized to bind that entity to these Terms.
• You agree to provide accurate, current information and to keep it updated. You are responsible for safeguarding your credentials and for all activity under your account.
• You must notify us immediately at contact@ddigital.solutions of any unauthorized access.

3. Description of Services

D2 Digital provides, among other services:

• Digital marketing strategy and execution (paid media, SEO, content marketing)
• Lead generation and prospecting tools
• Custom web development and landing page creation
• Marketing automation (SMS, WhatsApp, email) through licensed third-party providers
• Analytics, reporting, and optimization consulting

Specific scope, deliverables, timelines, and pricing for each engagement are defined in a separate Service Agreement, Statement of Work, or paid subscription.

4. Fees & payment

• Fees are specified in the applicable Service Agreement or on the checkout page at the time of purchase, in the currency indicated.
• Payments are processed through Stripe or PayPal. By providing payment information, you authorize us to charge the applicable fees.
• Unless otherwise stated, recurring subscriptions renew automatically at the end of each billing cycle.
• Refunds are governed by the applicable Service Agreement. For consumer purchases subject to Brazilian law (CDC art. 49), a 7-day right of withdrawal applies for online purchases.
• Late payments may accrue interest of 1% per month plus a contractual penalty of 2%, as permitted by Brazilian law.

5. Acceptable use

You agree not to:

• Use the Services to violate any law or third-party right
• Send unsolicited marketing communications (spam) through our infrastructure or using our tools
• Upload or transmit content that is illegal, defamatory, fraudulent, obscene, or infringing
• Reverse-engineer, decompile, or attempt to extract source code from the Services
• Interfere with or disrupt the Services (denial-of-service, abuse of rate limits, scraping)
• Impersonate any person or entity, or misrepresent your affiliation
• Use the Services to collect personal data without lawful basis and valid consent
• Use automated systems to create accounts, submit content, or send messages beyond what our API permits

We reserve the right to suspend or terminate access without refund for violations.

6. Intellectual property

• All rights in the Services — including source code, design, trademarks, logos, and documentation — are owned by D2 Digital or its licensors. We grant you a limited, non-exclusive, non-transferable license to use the Services as permitted by these Terms.
• Content you upload or submit remains yours. You grant us a worldwide, royalty-free license to host, process, and display such content solely as necessary to provide the Services.
• You retain ownership of deliverables produced for you under a Service Agreement upon full payment, subject to the terms of that Agreement.

7. Third-party services

The Services integrate with third-party providers (including Stripe, PayPal, Twilio, WhatsApp Business API via Evolution, Google APIs, OpenRouter, Cloudflare, Sentry, and others). Your use of those services is subject to their respective terms and privacy policies. D2 Digital is not responsible for third-party availability or performance beyond our reasonable control.

8. SMS program terms

Use of our SMS capabilities is further governed by our SMS Program Terms, which form part of these Terms. By opting in to receive SMS, you accept those terms.

9. Disclaimers

10. Limitation of liability

To the maximum extent permitted by applicable law:

• In no event shall D2 Digital, its directors, employees, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or business interruption, arising out of or relating to the Services.
• Our aggregate liability for any claim arising out of or relating to the Services shall not exceed the greater of (a) the amount you paid us in the 12 months preceding the event giving rise to the claim, or (b) BRL 1,000.
• These limitations do not apply to damages caused by willful misconduct, gross negligence, or any liability that cannot be excluded under applicable law (e.g., CDC art. 25 for Brazilian consumers).

11. Indemnification

You agree to indemnify and hold harmless D2 Digital from any third-party claim, damages, liability, or expense (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services in violation of these Terms; (b) your content; (c) your violation of any law or third-party right.

12. Termination

• You may terminate your account at any time by contacting contact@ddigital.solutions.
• We may suspend or terminate access immediately for material breach of these Terms, non-payment, or if required by law.
• Provisions that by their nature should survive termination (IP, disclaimers, limitation of liability, indemnification, governing law) will survive.

13. Governing law & venue

These Terms are governed by the laws of the Federative Republic of Brazil, without regard to conflict-of-law principles. Any dispute arising out of or relating to these Terms shall be submitted to the courts of the Client's domicile when the Client is a Brazilian consumer (CDC art. 101, II), or otherwise to the courts of São Paulo / SP, Brazil, to the exclusion of any other jurisdiction.

Nothing in this clause limits statutory consumer rights under applicable law.

14. Changes

We may update these Terms from time to time. The "Last updated" date above reflects the current version. For material changes, we will notify you by email (if we have your address) or via a prominent notice on the website at least 15 days in advance. Continued use after the effective date constitutes acceptance.

15. Contact