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Terms of Service mLabs

Welcome to mLabs!

These Terms of Service contain all terms and conditions that govern your use of the Platform, the Services and all content made available by mLabs.

When using the mLabs Platform and any of our Services through the buttons “Free Trial”, “Start My Free Trial”, “Login with Facebook”, “Start”, “Login”, “Register and Free Trial!”, “Access” or “Sign up for Free” you agree to these Terms of Service, which is a legally binding agreement with mLabs, even if you are using the Platform and Services on behalf of a company for which you work. If you do not agree with the Terms of Service, do not click on the buttons described above and do not access or otherwise use the Platform and Services.

By using the mLabs Platform and Services you represent that you are 18 years of age or older.

The Services available on the Platform are offered to you subject to your acceptance, without modification, subject to these Terms of Service and all other applicable rules, including Specific Terms applicable to certain Services and our mLabs Privacy Policy. mLabs may change these Terms of Service, the Specific Terms, the mLabs Privacy Policy and other applicable rules at any time, never retroactively. We will notify you of any material change and effective date via this page or our communication channels. If you do not agree with the changes, you may cancel this agreement, whereas the continued use of the Platform and Services will imply acceptance of the changes.

PLEASE READ THESE TERMS OF SERVICE AND OTHER DOCUMENTS MENTIONED HEREIN CAREFULLY. BY REGISTERING, ACCESSING, BROWSING AND/OR USING THE MLABS SERVICES IN ANY WAY, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THESE TERMS AND OTHER DOCUMENTS. IF YOU DO NOT AGREE TO THESE TERMS AND DOCUMENTS, DO NOT ACCESS, BROWSE OR USE THE MLABS PLATFORM AND/OR SERVICES.

  1. REFERENCES
    1. mLabs: name used in this document to identify the owner of this Platform and responsible for these Terms of Service, MLABS SOFTWARE SA, registered under no. 246964/0001-00, headquartered at Avenida Cassiano Ricardo, 401, sala 1309 – Edifício Hyde Park, in the city of São José dos Campos, State of São Paulo, Brazil, CEP 12246-870.
    2. Platform: is the set of tools and services available over the internet, accessed and hosted on the main domain www.mlabs.io/en, other subdomains associated with the main domain, at www.socialmediaexponencial.com.br,clube.socialmediaexponencial.com.br,www.dashgoo.com and mobile apps available for IOS and Android.
    3. Services: are the services made available by mLabs through the Platform to you that include tools, software, functionalities, facilities, content and resources for managing content in social networks and digital marketing, which can be paid or free.
    4. Account: registration you make with mLabs that allows access and use of the Services offered on the Platform.
    5. Third parties: are third-party companies that provide links on the Platform that mLabs has no control or power to interfere in decisions, with their own terms of use and privacy policy that you are obliged to consult.
    6. Terms of Service: this document regulates the general terms and conditions for access and use of the Platform and Services by you.
    7. Specific Terms: these are documents that establish conditions applicable exclusively to certain Services, available for your reading and acceptance on specific webpages that offer such Services.
    8. Terms: joint name of the Terms of Service, Specific Terms, Privacy Policy and other rules applicable to the Platform and Services.
    9. Free Trial: period defined in days or number of actions that allows you to use the Services to get to know and test all the functionalities, as long as you have internet access and the necessary hardware and software resources, without making payment or giving your billing information. After the end of the Free Trial, you must choose to contract one of the plans offered by mLabs to continue accessing the Platform and using the Services.
  2. SERVICES
    1. mLabs makes available to you Services aimed at managing social media, including content creation, scheduling for publication of posts on social media, social media reports related to audience interaction with your content posted on social media and digital marketing.
      1. It is important to note that the historical query of this data is limited to a period of 1 (one) year from the date of the query. After the period of 1 (one) year, mLabs does not guarantee the availability of historical data for consultation.
    2. For the generation of social network reports, information related to the public’s interaction with its content, the Platform only uses public information provided by social networks and for that reason, delays and inaccuracies may occur if such information is not correctly provided by social networks to the Platform.
    3. Another service offered is mLabs Insights, a tool that uses artificial intelligence for creating captions, ideas, and other features that utilize calls to artificial intelligence APIs.
      1. Credit Packages – mLabs Insights works by purchasing credit packages, which are used to perform the available operations in this feature. These packages have a monthly validity and are not cumulative, which means it is not possible to use unused credits in a particular month in the following months. If credits run out before the monthly renewal, extra credits can be purchased for a fee.
      2. Product Prices – mLabs Insights prices are available on the mLabs plans and services page as indicated in item 4.1. It is important to note that each operation can consume a varying number of credits depending on its complexity. Make sure you have enough credits before performing an operation.
      3. Proper Use – mLabs Insights should only be used for legal and authorized purposes. It is prohibited to use the feature for creating illegal, defamatory, fraudulent, or copyright-infringing content of third parties. If mLabs identifies the improper use of the product, it may suspend or cancel the responsible user’s account.
      4. User Responsibility – The user is responsible for all content created using mLabs Insights. mLabs is not responsible for any damages or losses caused by content created using the feature. The user must ensure that they have the necessary rights to use the images and texts used in creating content.
      5. Active Account Requirement – To use mLabs Insights, an active account on the mLabs platform is required. Without platform access, the mLabs Insights feature cannot be used. The user must ensure that they have a valid and up-to-date account subscription payment to use the product.
        1. However, even if the user loses access to the platform, the credits acquired for the use of mLabs Insights will continue with the originally scheduled expiration date. This means that the user will have the remaining number of days to use the credits when they resolve the platform access problem. mLabs is not responsible for problems related to lack of platform access that prevent the use of mLabs Insights.
      6. The use of mLabs Insights is subject to a monthly limit of 1000 requests. The user acknowledges and agrees that mLabs reserves the right to monitor the use of the platform and to block or suspend access to the mLabs Insights feature if any activity is identified that is not in compliance with the terms of use. mLabs deems any action that violates legal or ethical provisions or compromises the integrity of the mLabs platform inconsistent with proper use. The decision to block or suspend access will be made at the sole discretion of mLabs and without the need for prior notice.
    4. Media Files Storage
      1. All media files (images, videos, etc.) uploaded and used on the mLabs platform will be available for access and use by the user for a period of 1 (one) year from the date of their inclusion in the platform. After the expiration of this 1 (one) year period, mLabs will not be responsible for the maintenance and preservation of these files. mLabs reserves the right, at its sole discretion, to permanently delete and remove these files from its servers, with no obligation to keep backups or archived copies.
      2. Pages hosted on the mLabs product must strictly adhere to the limit of 20 megabytes for total size, encompassing both their content and their visual and textual elements. Any exceedance of this limit may result in the suspension or removal of the content in question, at mLabs’ discretion, in order to maintain the integrity and performance of our services for all users. This limit is essential to ensure an efficient and fair hosting experience for all customers.
  3. USE OF SERVICES
    1. To access the Services available on the Platform you must register an Account on the mLabs website or application, which will be your registration, providing your name and a valid email address and a personal and non-transferable password, or using your Facebook account.
    2. For some Services you may register an independent Account, that is, not linked to any other mLabs Service.
    3. After you register the Account, mLabs will send an email to the email address provided by you for confirmation purposes.
    4. mLabs offers you the free use of the Services related to the management of social networks for a period of 7 (seven) days. For Free Trial of other Services, see Specific Terms.
    5. The presence of two-factor authentication on the mLabs platform is essential to ensure the security of users. This additional measure provides an extra layer of protection to accounts, making it more difficult for intruders to improperly access sensitive information. The existence of this feature significantly enhances account security, offering effective defense against cyber threats. Although users have the option to disable this functionality, it is important to note that doing so will reduce security and increase the risk of account compromise, with this responsibility being assumed by the user. mLabs does not recommend disabling two-factor authentication.
  4. PAYMENT PLANS AND METHODS
    1. PLANS: For Social Media Management Services, mLabs offers you the plans available at www.mlabs.io/en/plans. For other Services, you should refer to Specific Terms.
    2. PAYMENT METHODS: for Social Network Management Services, payments may be made through PayPal, PagSeguro, Pagar.me, Boleto Bancário and Credit Card, depending on the country where you are located. For other Services, you should refer to Specific Terms.
    3. mLabs may at any time change the plans and payment methods for new contracts and renewals of the Services.
    4. We acknowledge that the landscape of social media APIs is constantly evolving, and changes may occur that can affect the business model. In the event of alterations to third-party APIs that directly impact costs or the viability of the provided service, mLabs reserves the right to adjust the offered product plans in order to ensure service continuity and meet the needs of our customers.
      To minimize the impact of such changes, mLabs may implement access restrictions to specific features or integrations based on established criteria. These changes will be applied to both new and existing customers, aiming to adapt to the new conditions of third-party platforms.
    5. mLabs reserves the right to discontinue, modify, or adjust plans even during the validity of existing contracts. These changes will be communicated through the product or by email, with a minimum of 30 days’ notice. If the client does not agree with the changes to the plans, they have the right to request a full refund of the remaining unused contract value.
  5. MLABS OBLIGATIONS AND EXEMPTIONS
    1. mLabs undertakes to provide the Services efficiently, exempting itself from the responsibility that the information obtained is accurate, reliable or true, as it is not captured by mLabs.
    2. Should any changes occur in the policies, costs, or service availability of these third-party platforms that affect the functionality of integrations, mLabs reserves the right to modify or discontinue such integrations, with the purpose of maintaining the sustainability of our service without incurring unforeseen costs.
    3. mLabs does not guarantee that:
      1. Your use of the Services will meet your expectations;
      2. Use of the Services will be uninterrupted, accurate, timely and error-free;
      3. Any information obtained by you as a result of your use of the Services will be accurate or reliable, as it is not information provided by third parties and mLabs does not have the means to guarantee the veracity and reliability of the information;
      4. Any defects in the functioning or functionality of any software provided to you as part of the Services may be corrected.
      5. mLabs is not liable for any loss or damage that you may incur, including, but not limited to, loss and damage, direct, indirect or lost profits, direct, indirect, incidental, special, consequential or exemplary damages incurred by you, caused under any theory of liability as a result of:
      6. insertion of materials with content violations and/or criminal content such as Image Rights, Intellectual Property, Copyright, Pedophilia, Racism, Pornography, Homophobia, religious intolerance, that is, any publication with discriminatory and prejudiced content, Ideological Falsehood, Copyright , Trademarks and Patents, among others. mLabs does not approve and is exempt from any responsibility if such content is disclosed with the help of the Platform through the use of the Services;
      7. any changes mLabs may make to the Services;
      8. deletion, corruption or inability to store any content or other information from communications maintained or transmitted by or through the use of the Services by you or any third party;
      9. failure to provide mLabs with correct information for your registration and Account or any other information necessary for the operation of the Services offered on the Platform;
      10. failure to maintain the security and confidentiality of your Account details by yourself;
      11. any damages arising from the improper and/or malicious use by third parties of information or personal and registration data provided that are posted on the Platform;
      12. any damages arising from the misuse of your information by third parties;
      13. for any material or information that exists, or that may exist, entered on the Platform by you;
      14. for acts of bad faith by third parties that invade the Platform, such as hackers, who access your registration and personal data and use them unlawfully for any purpose;
      15. for the loss of data and/or information eventually sent by you to the Platform, either by the deletion of your Account, or by system failure. mLabs is not yet obliged to maintain and/or perform any kind of ‘back-up’ of information or materials entered by you on the Platform;
      16. for your default or non-compliance with the rules of the law or the applicable Terms between you and mLabs, which generates losses or damages to third parties;
      17. accesses to other domains, even if they present the same characteristics of this website and/or claim to be the original of mLabs;
      18. impossibility of accessing the Platform, or failure to function and communicate with it resulting from:
        1. any defects or inadequacy of the equipment used to access the Platform, including, but not limited to, software, hardware, processing systems and any network connections;
        2. lack of ability to operate the necessary equipment and technologies;
        3. failures in the World Wide Web (Internet) and Providers;
        4. failures in the systems, servers, software and/or hardware that keep the Platform accessible.
  6. YOUR OBLIGATIONS
    1. You still acknowledge and agree to:
      1. use the Services only for the purposes permitted by the Terms, the Brazilian legal system, regulations, practices or guidelines accepted in the relevant jurisdictions;
      2. be responsible for the equipment necessary to access the resources available on the Platform and use the Services, whether physical equipment or not, at your own expense;
      3. be solely responsible for checking the posts made through the Platform in the Social Network Management Services, exempting mLabs from liability in the event of any communication error between the social networks and the Platform;
      4. be solely responsible for all information entered on the Platform, including obtaining the legal basis for information related to identified or identifiable natural persons under the terms of applicable data protection laws, see more in item 6 of the PRIVACY POLICY LINK.
      5. be responsible for maintaining the confidentiality of your account with the Platform, as well as passwords, which you use to access the Services;
      6. that any and all personal data or information, whether confidential or not, in text format (or any other form) submitted by you to the Platform, may be immediately published, shared and sent by mLabs to third parties due to the Services contracted, and also in cases of compliance with legal and regulatory obligations and court orders applied to mLabs. For more information on how mLabs uses personal data, see the mLabs Privacy Policy;
      7. not copy, modify, create a derivative work, reverse engineer, decompile or in any other way attempt to extract the source code of the software or any part comprising the Services or any content contained on the Platform;
      8. not access or attempt to access the Services by any means other than through the Platform;
      9. not violate the intellectual property rights of third parties;
      10. not participate in any activity that interferes with or interrupts the operation of the Services, or servers and networks connected to the Services;
      11. not to send any kind of files or material with programs that may cause damage to the software/hardware of the Platform or other third parties;
      12. do not insert materials with violations of content and/or criminal content such as Image Rights, Intellectual Property, Copyright, Pedophilia, Racism, Ideological Misrepresentation, Trademarks and Patents, among others. mLabs does not approve and disclaims any responsibility if such contents are disclosed with the aid of the Platform through the use of the Services;
      13. not use any functionality of the Services related to email to send spam to third parties.
  7. INTELLECTUAL PROPERTY
    1. All material and Services found on the Platform pages, including texts, images, audio, software, technology, logos, slogans, brands, advertising expressions, domains, trade names, intellectual works, etc., as well as the software that enables the Services are the exclusive property of mLabs, which holds all copyrights, licenses and proprietary, trademark or patent rights relating thereto. Any violation of mLabs’ property rights will result in your direct and personal liability for the acts performed under the law, with the application of the applicable sanctions in the civil and criminal areas, as well as the determination of losses and damages.
  8. TERM AND CANCELLATION
    1. These Terms come into effect when you register on the Platform
    2. Upon completion of the Free Trial, if you do not opt for any of the offered plans, the Terms will automatically terminate and you will no longer have access to the Platform Services.
    3. You may opt for one of the plans offered by mLabs at any time, and after payment has been made, the Terms will be in force for the term corresponding to the chosen plan.
    4. Cancellation of the Services may be made by either party. To cancel the Social Network Management Services, simply send an email to [email protected] with the “cancel” request. mLabs will effect the requested cancellation within 7 (seven) business days. For specific Services, see how to opt out in Specific Terms.
    5. If you decide to cancel your Social Media Management Services annual, semi-annual or quarterly plan, you will be partially refunded. The refund will be 50% (fifty percent) of the amount corresponding to the remaining months for the end of the chosen plan. For cancellation of Services with a monthly plan, there will be no reimbursement of amounts paid, however, the functionalities of the Services will be active until the expiration date of the plan.
    6. Any form of violation of the Terms will result in automatic cancellation and suspension of the Services, including Account termination, without prior notice.
    7. The information provided by you or publicly available on social networks may be used by mLabs to carry out studies aimed at your performance on social networks, these studies do not include personal data. For more information on how mLabs uses personal data, see the mLabs Privacy Policy.
  9. GENERAL CONDITIONS
    1. mLabs and the Platform do not have any relationship with or interference with Facebook, Twitter, Instagram, YouTube, LinkedIn, Pinterest, Google My Business and Google Analytics, or any other social network or service that provides information to the Platform. The access to these websites is independent of any intervention by mLabs, so you should consult the terms of use and privacy policies of every social network you use.
    2. Any extrajudicial or judicial claim that may be made against mLabs, due to non-compliance with any clause or provision contained in the Terms, will oblige you to respond in full and, if applicable, regressively, for all losses and damages caused to mLabs and/or third parties.
    3. You are responsible for all damages caused to mLabs and/or third parties, including, but not limited to, losses or damages, lost profits and material and moral damages.
    4. mLabs declares to take reasonable care to avoid system intrusion, using secure communication protocols and encrypted information, but is not responsible and cannot be held responsible for the inviolability of the same caused by third parties.
    5. (App’s) use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.
  10. FINAL PROVISIONS
    1. All rules, instructions, guidelines and regulations written, scattered and throughout the body and activities of the Platform, form an integral and complementary part of the Terms.
    2. If there is any contradiction between the rules, instructions, guidelines and written regulations, scattered throughout the Platform and those present in the Terms, the latter shall prevail over the former.
    3. The omission or tolerance of mLabs, without demanding strict compliance with the Terms and other stipulated conditions, will not constitute in any case novation or waiver, nor will it affect your rights, which may be exercised at any time.
    4. The Terms will prevail over any other understandings or agreements previously entered into by the parties, whether express or tacit, referring to the conditions established therein.
  11. APPLICABLE LAW AND JURISDICTION
    1. The Services and the Platform are on the internet and can be accessed from any location, as available, and regardless of where you are.
    2. The Terms will be governed by the legal system of Brazil, being elected the District of São José dos Campos, State of Sao Paulo, Brazil, as the only competent jurisdiction to judge any dispute arising from these Terms, however privileged another may be.

Updated: december 13, 2023