Terms of service

Welcome to OCTAPRICE DESENVOLVIMENTO DE SOFTWARES LTDA. (“Octaprice”, “we”, “our” or “us”). We provide access to a variety of online software, features and related services (collectively, the “Service”) through this website and associated platforms. These Terms of Service (“Terms”) apply in full to all forms of interaction with the Service, including, without limitation, paid subscriptions, beta testing agreements, free trial periods or any other form of access.

The Service allows you to send, store, retrieve and interact with various forms of business-related data and other information associated with you, your clients, third parties or your business (collectively, “User Data”).

These Terms form a legally binding agreement between you and Octaprice, establishing the conditions that govern your relationship with us as you use the Service. By using the Service, you also declare that you are aware of and agree with our Privacy Policy, which is an integral part of these Terms. By registering an account, subscribing, accessing or using the Service – or by allowing your agents or representatives to do so on your behalf – you acknowledge that you have read, understood and agree to comply with these Terms in their entirety.

If you are creating an account or using the Service on behalf of an individual or legal entity contracting our services (“Contracting Party”), you confirm and warrant that: (i) you are an authorized representative of the Contracting Party with the legal and statutory authority to bind it to these Terms; (ii) you have fully reviewed and understood these Terms; and (iii) you accept these Terms on behalf of the Contracting Party. If you do not have such authority, or if you do not agree with these Terms, you are not permitted to access or use the Service and must immediately cease any form of use.

1.Grant of License and Restrictions

1.1. Grant of License. In accordance with these Terms, Octaprice grants you a limited, revocable, non-exclusive and non-transferable license to use the Service. This license is intended exclusively for internal use in your commercial activities, as described in these Terms, and does not allow you to resell, rent, share or sublicense the Service to third parties without our express authorization

1.2. Use Restrictions. You undertake to use the Service in an ethical and lawful manner. Except as permitted by these Terms, you may not:
a) Damage, interfere with or compromise the integrity of the Service or its networks;
b) Copy, modify, create derivative works, reverse engineer or attempt to access the software source code;
c) Engage in acts that excessively overload Octaprice’s infrastructure, such as the use of automated data extraction tools (scraping or crawling) other than those already made available by the Service itself, without obtaining prior authorization from Octaprice;
d) Violate laws, regulations or third-party rights (especially privacy and intellectual property);
e) Circumvent or disable platform security features;
f) Assist third parties in carrying out any of the prohibited actions above;
g) Access the Service for purposes of industrial espionage, benchmark testing or any other competitive purpose.

1.3. Intellectual Property. Octaprice remains the sole owner of all rights over the Service, including trademarks, technology, software and any improvements or suggestions (feedback) submitted by you. These Terms grant only the right of use; you do not acquire any equity interest or ownership rights over the platform.

1.4. Additional Cooperation. You undertake to cooperate and provide documentation that Octaprice may reasonably request to ensure the protection of the intellectual property rights described in this clause.

2.Account Management

2.1. Your User Account. To use Octaprice’s features, you must create an individual and non-transferable account using your email. You undertake to provide accurate information and keep it updated. The security of your password is your responsibility: any activity carried out on your account will be attributed to you. If you notice any unauthorized or suspicious use, notify us immediately in writing so that measures may be taken. Octaprice is not responsible for damages caused by failure to safeguard your access credentials and/or improper sharing.

2.2. Connection with External Systems and Automation. The Service allows you to request the automatic collection of data from your own systems or from third-party websites (“Third-Party Sites”). By using this function, you:
a) Authorize Octaprice to access these systems and extract the information on your behalf, operating as your technical automation tool;
b) Warrant that you have all legal rights and permissions to access such data and that this practice does not violate the terms of use or privacy of such third parties;
c) Assume full responsibility for the credentials you provide for this connection.

2.2.1. Exemption for Blocking or Instability. You acknowledge that data extraction depends on the availability and access rules of the Third-Party Sites. No failure in service provision may be alleged, nor may Octaprice be held liable in scenarios of blocking, limitation or modification of access to such sites by their respective administrators, since this type of occurrence is qualified as an inherent risk of the contracted automation technique.

2.3. Use of Account Information. We process your personal data in accordance with our Privacy Policy. You declare that you are aware that the use of data will be carried out on legal grounds, such as, for example, when necessary for:
(a) compliance with court orders or laws;
(b) ensuring compliance with these Terms; or
(c) protection of the security of the platform and other users.

2.4. Suspension and Termination. We want to keep the platform safe for everyone. Therefore, we reserve the right to suspend or terminate your account if you violate these Terms. If we decide to discontinue any feature of the Service, we will notify you 30 days in advance, noting that, in cases of fraud, illegal activities or risks to the integrity of the system, suspension may be immediate and without prior notice; in all such cases, the suspension will be justified by exceptional factors that legitimize it.

3.Payment, Prices and Taxes

3.1. Monthly Fees and Prices. You agree to pay the subscription amounts (the “Prices”) according to the plan and billing frequency chosen at the time of contracting (via website, checkout or specific invoice).

3.1.1. If payment is made by a Contracting Party headquartered in Brazil in favor of Octaprice Brazil, the amounts will be made in Brazilian Reais (BRL). In turn, if the Contracting Party is headquartered outside Brazilian territory, the amounts will be converted into Brazilian Reais (BRL) based on the exchange rate (PTAX selling) of the business day prior to the invoice date, in accordance with applicable legislation.

3.1.2. It is your responsibility to keep billing data and payment method always updated to avoid service interruptions.

3.2. Responsibility for Taxes. The Prices of the Service informed by Octaprice already include all direct and indirect taxes levied on the provision of services, in accordance with current Brazilian tax legislation.

3.2.1. The Prices are considered gross. If legislation requires you to withhold taxes at source, you must deduct the amount due to Octaprice and provide the respective proof of payment, in accordance with Brazilian tax rules.

3.3. Delays and Default. If payment is not made by the due date, the following will be applied to the outstanding amount:
i) late payment fine of 2% (two percent);
(ii) default interest of 2% (two percent) per month; and
iii) monetary correction by the variation of IGPM/FGV (or equivalent index that replaces it).

3.3.1. Suspension of the Service. Default exceeding 30 (thirty) days may result in the immediate suspension of access to the Octaprice Platform and termination of the contract for cause, without prejudice to the collection of outstanding amounts and applicable termination penalties. Additionally, Octaprice may use legal means for credit recovery, including registration with credit protection agencies and the charging of court costs and attorneys’ fees.

3.4. Automatic Renewal and Adjustments. The specific rules regarding automatic renewal, cancellation deadlines and price adjustment indexes will be established on a case-by-case basis in the contract or commercial proposal you enter into with Octaprice.

3.4.1. Contractual Prevalence. If you have a specific signed contract, the clauses regarding term, renewal and adjustment contained therein will prevail over these Terms of Use. In the absence of a signed contract, the conditions will be those informed at checkout or on the plans page at the time of contracting.

3.5. Cancellation and Refunds. Amounts paid are non-refundable, and we do not offer credits for partial periods of use or lack of system use.

3.5.1. Right of Withdrawal: In the remote scenario where you contract the Service as an individual consumer and as a final recipient for non-professional purposes, we guarantee a full refund if cancellation is requested within 7 (seven) days after the first subscription. On the other hand, you expressly acknowledge that, whenever the contracting is carried out by Contracting Parties for commercial and professional purposes, the Service constitutes an input within their B2B supply chain, not being characterized as a consumer relationship for purposes of application of article 49 of the Consumer Protection Code, with no legal right of withdrawal. Furthermore, you declare that, in any case of plan renewals, there will be no renewal of the right of withdrawal (if applicable).

4. What you CANNOT do (Prohibited Use)

4.1. To ensure everyone’s security and the integrity of Octaprice, you agree to use the Service only for lawful purposes, being subject to the following restrictions:
a) Damage the Platform: You must not engage in acts that may overload, damage or impair the operation of our servers or networks, nor attempt to circumvent our security systems or access restricted areas without authorization;
b)Unauthorized Automation Use: Except for the native functionalities of the Service, you may not use bots, crawlers or scraping tools to extract data from our own interface or platform without our express written permission;
c) Inappropriate Content: It is prohibited to send, store or transmit data that is illegal, offensive, defamatory, discriminatory or that encourages any type of violence or crime;
d) Violation of Third-Party Rights: You must not use Octaprice to access third-party systems in violation of the terms of use or privacy policies of those sites, nor collect personal data of other users without proper consent (in accordance with the LGPD);
e) Fraud and Identity: It is not permitted to impersonate another person or company, provide false information or create multiple accounts solely to circumvent usage or free trial limits;
f) Reverse Engineering and Competition: You may not copy our code, reverse engineer the software or use the Service for purposes of industrial espionage or competitive analysis without our prior authorization; and
g) Respect for Intellectual Property: It is prohibited to remove copyright notices, trademarks or any technological protection present in the Service.

5. Intellectual Property

5.1. Octaprice Ownership. Except as expressly permitted in these Terms, all rights over the Service – including software, algorithms, interface design, trademarks, logos, trade names and technologies – belong exclusively to Octaprice or our licensors. Use of the platform does not grant you any ownership right or equity interest, but only the limited right of use as described herein.

5.2. Protection of Technology. You undertake to respect our intellectual property. This means that you must not sell, license, copy, modify, adapt or create products based on our technology without our prior written authorization. It is also prohibited to use any Octaprice element for competitive purposes or to develop a similar service.

5.3. Use of Your Brand for Portfolio. Unless you request otherwise, Octaprice may use your name, brand and logo in institutional, commercial and promotional materials (such as website and presentations) solely to indicate reference and commercial relationship.

5.3.1. Suspension of Use. You may request the interruption of such disclosure at any time by email. Octaprice will comply with the removal request within up to 10 (ten) days.

5.3.2. Ownership of Trademarks. This authorization is granted free of charge and does not imply any assignment or transfer of rights over your trademarks or intellectual property assets to Octaprice.

6. Confidentiality

6.1. What are Confidential Information. During the use of the Service, both you and Octaprice may have access to internal information, trade secrets or strategic data of the other party that are not public. We consider as “Confidential Information” everything identified as such or that, by its nature, should be treated as confidential. This includes, for example, our algorithms and extraction methods, as well as your commercial data.

6.2. Confidentiality Commitment. Both parties undertake to:
a) Maintain absolute confidentiality regarding the information received, using the same care they use to protect their own confidential data;
b) Use such information only for the purposes provided in these Terms;
c) Limit access to such information only to employees, service providers or partners who need access to such information for their respective obligations to be fulfilled, ensuring that such persons are equally subject to said duty of confidentiality.

6.3. When confidentiality does not apply. The duty of confidentiality does not apply to information that:
a) Was already public before being shared;
b) Was already known by the receiving party, without obligation of confidentiality;
c) Was independently developed, without using the other party’s information.

6.4. Judicial or Administrative Request. If either party receives a court order or order from a competent authority requiring the disclosure of the other party’s Confidential Information, it must notify the data-owning party within a maximum period of 24 (twenty-four) hours after receiving the notification. It will be the sole responsibility of the notified party (data owner) to adopt, at its own expense and risk, all applicable judicial or extrajudicial measures to prevent or limit the disclosure of such information. The party that received the order will provide only the strict portion of the information required by the authority.

7. Third-Party Sites and External Information

7.1. Connection with External Sites. As explained in item 2.2., Octaprice acts as a technical tool to simplify the obtaining of relevant data to be collected from systems or sites operated by other companies (“Third-Party Sites”). This connection is made at your own account, risk and direct instruction.

7.2. Limitation of Liability. As these Third-Party Sites are not controlled by Octaprice, we cannot guarantee:
a) That the content, products or data displayed on such sites are accurate or truthful; and
b) That such sites will always be available or will not change their access rules without prior notice.

7.3. Independence. The fact that Octaprice allows connection with an external site does not mean that we support, endorse or have any official partnership with such company. We recommend that you always read the terms of use and privacy policies of such third parties, as your relationship with them is independent from your relationship with us.

8. Warranties and Limitation of Liability

8.1. The Service “As Is”. Octaprice is provided in its current state (“as is”) and according to the technical availability at the time. Although we constantly work to ensure the platform is excellent, we cannot guarantee that it will be uninterrupted, completely error-free or that it will perfectly meet all your specific business needs.

8.2. Limitation of Liability Regarding Third-Party Data. You acknowledge that Octaprice’s Service operates as a technical automation tool for extracting public information from systems operated by third parties. As it depends on external sources beyond our control, the following particularities will apply:

8.2.1. Nature of Information. Octaprice does not guarantee that any prices, commercial conditions or stock availability informed by the Third-Party Site are accurate, truthful or will remain unchanged after collection. The data provided reflects only the state of the source at the exact moment of extraction.

8.2.2. Stock and Accuracy of Third-Party Data. Octaprice’s function is limited to retrieving the data and delivering it in a structured manner. We do not guarantee that the monitored product is effectively available for purchase or that the displayed price will be honored by the third party, and the use of such information for decision-making is at your exclusive risk.

8.2.3. Technical Limitations of Third Parties. Collection accuracy may be affected by: (i) technical instabilities on the source sites; (ii) changes in the source code or search mechanisms of the third party; or (iii) the way advertisements are presented (e.g., use of artificial intelligence or machine learning tools by the third party), factors that may prevent identification of certain products or generate inaccuracies.

8.3. Technical Responsibility. You are responsible for ensuring the security of your own devices and networks when accessing the platform. Octaprice is not responsible for any damage to your equipment or data loss that has not been directly caused by serious failure of our technology.

8.4. Maintenance and Availability. To ensure the system remains secure and efficient, we may temporarily suspend access for:
a) Scheduled maintenance (of which we will attempt to notify in advance);
b) Urgent security updates;
c) Force majeure events or failures in infrastructure services (such as internet providers and cloud servers).

8.5. Limitation of Damages and Indemnities. Under no circumstances shall Octaprice be liable for:
a) Indirect Damages: Special, punitive or incidental damages;
b) Specific Financial Losses: Loss of profits (what you failed to earn), interruption of your business, loss of commercial opportunities, or damages due to revenue interruption; and
c) Data and Expectations: Loss or corruption of data and savings you expected to achieve but did not materialize.

8.6. Your Statutory Rights. Nothing in these Terms excludes or limits rights you may have by law that cannot be altered by contract, serving only to regulate matters that are legally available.

9. Liability for Damages (Indemnification)

9.1. Your Responsibility. You agree to assume responsibility and indemnify Octaprice (including our directors, employees and partners) for any losses, damages, legal expenses or attorneys’ fees we may suffer as a result of:
a) Misuse: Your access or use of the platform in violation of these Terms;
b) Breach of Rules: Any violation of the clauses established in this contract;
c) Violation of Third-Party Rights: Violation of rights of other persons or companies, especially regarding privacy and intellectual property;
d) Error in Providing Data: Claims that the data you submitted or instructed us to collect caused harm to third parties;
e) External Sites: Violation of terms of use, policies or restrictions of third-party sites while you were using the Octaprice tool, including, but not limited to, any defensive measures, IP blocks or bans applied by such sites against you or against Octaprice’s infrastructure as a result of your collection instruction.

10. General Provisions

10.1. Governing Law; These Terms shall be governed, interpreted and enforced in accordance with the laws of the Federative Republic of Brazil, and the Court of the District of Porto Alegre/RS is elected, to the exclusion of any other, however privileged it may be, to settle any disputes arising from this contract, except in cases of mandatory jurisdiction provided by law.

10.2. Changes to these Terms. We may update these Terms occasionally to reflect changes in our Service or in the law. If we make important changes, we will notify you by email or through the platform at least 15 days in advance. If you continue using Octaprice after the change, we will understand that you agreed to the new rules.

10.3. Transfer of the Contract. Octaprice may transfer its rights and obligations under this contract in cases of merger, sale of the company or corporate restructuring, without altering your rights as a user. You, however, may not transfer your account or obligations to third parties without our prior written authorization.

10.4. Severability. If any part of these Terms is considered invalid or illegal by a judge, only that specific part will be nullified. The remainder of the contract will continue to apply normally to both parties.

10.5. Entire Agreement. These Terms (together with our Privacy Policy) represent the entire agreement between you and Octaprice, replacing any prior conversation, email or agreement on the same subject.

10.6. Waiver and Tolerance. If Octaprice fails to enforce any of your obligations at a given time, this does not mean that we waive the right to enforce such obligation in the future. It is merely a tolerance that does not alter the rules of this contract.

10.7. Survival. Certain clauses, by their nature, must continue in effect even if the contract is terminated, such as those regarding Intellectual Property, Confidentiality and Limitation of Liability.

10.8. Language. These Terms may be translated into other languages for convenience, but in case of doubt or conflict, the Portuguese version shall prevail.

10.9. Communication and Support. For any questions, complaints or official notices, you must contact us at the email: sales@octaprice.com.

10.10. Order of Precedence and Conflict. These Terms of Use constitute the general agreement between the parties. However, if you have a specific contract, duly signed and in force with Octaprice, and any divergence or contradiction occurs between the clauses of these Terms and the contractual clauses, the provisions of the specific contract shall prevail over these Terms of Use with respect to the divergent point(s).

11. Statement of Acceptance and Future Modifications

11.1. Confirmation of Acceptance. By registering your account, accessing or simply using any functionality of Octaprice, you expressly declare that you have read, understood and agree to comply with these Terms of Use in their entirety. If you are acting on behalf of the Contracting Party, you warrant that you have legal authority to bind it to this contract.

11.2. Unilateral Changes. You acknowledge and accept that Octaprice may, at its sole discretion, alter, modify or update these Terms at any time to reflect system improvements, changes in legislation or new business models.

11.3. Acceptance by Continued Use. Whenever there are significant changes, we will follow the notification procedure provided in item 10.2. If you continue to use the Service after the entry into force of new Terms, this will be considered your definitive and full acceptance of the new conditions. If you do not agree with any change, the available option will be to cease using the system and cancel the subscription (thus observing the rules regarding Service cancellation).