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.
By using the mLabs Platform and any of our Services, you agree to this Privacy Policy, the YouTube Terms of Service (https://www.youtube.com/t/terms), and the Google Privacy Policy (https://www.google.com/policies/privacy).
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.
The User declares that they are aware that certain features of the Platform depend on integrations with third-party platforms and may result in additional costs, operational limitations, or risks of account suspension or blocking, such factors being their sole responsibility.
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.
1.1. mLabs: the name used in this document to identify the owner of this Platform and the entity responsible for these Terms of Service, MLABS SOFTWARE S.A., a corporation organized under the laws of Brazil, registered under CNPJ No. 23.465.964/0001-00, with its principal place of business at Avenida Cassiano Ricardo, No. 601, Suite 161, Parque Residencial Aquarius, São José dos Campos, State of São Paulo, ZIP Code 12246-870, Brazil.
1.2. 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.mlabsanalytics.io, www.mlabschat.io and mobile apps available for IOS and Android.
1.3. 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.
1.4. Account: registration you make with mLabs that allows access and use of the Services offered on the Platform.
1.5. 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.
1.6. Terms of Service: this document regulates the general terms and conditions for access and use of the Platform and Services by you.
1.7. Specific Terms: terms described in this document relating to a specific mLabs service, or documents establishing conditions applicable exclusively to certain Services, available for review and acceptance on specific webpages offering such Services.
1.8. Terms: joint name of the Terms of Service, Specific Terms, Privacy Policy and other rules applicable to the Platform and Services.
1.9. 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.
1.10. SMLAB Community: means the digital environment made available by mLabs that allows interaction among Users, access to content, materials, events, discussions, networking, and other resources defined by mLabs, and may constitute a paid or free Service, in accordance with the conditions set forth in these Terms or in Specific Terms.
2.1. 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. 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.
2.2. mLabs also offers a standalone competitor analysis service, an online tool for specific and comparative performance analysis of Instagram profiles. It allows the User to enter the name of their own Instagram profile and up to 15 competitor/other public Instagram profiles for which they wish to obtain comparative data. It is important to note that this service is different from the one included in the complete mLabs plan, which limits the analysis to up to five (5) competitors. The standalone service is an additional option that expands the number of profiles that can be analyzed, according to the User’s needs.
2.3. The Service will deliver to the User a detailed report containing the comparative analysis of metrics and public information from the selected profiles, including but not limited to:
a) Number of followers;
b) Average likes and comments per post;
c) Most commonly used content types (images, carousel, Reels), based on public data;
d) Estimated public engagement per post;
e) Other publicly accessible information relevant for performance comparison.
2.4. The Report is intended to provide strategic insights to help the User understand their positioning in the digital market in relation to the selected competitors, based exclusively on public and accessible data available at the time of analysis.
2.5. 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.
2.6. Media Files Storage: 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.
2.7. SMLAB COMMUNITY
2.7.1. mLabs may make available to Users in the Brazilian market access to the SMLAB Community, characterized as a digital environment intended for the provision of content, interaction among Users, sharing of information, participation in events, mentoring sessions, forums, groups, and other functionalities defined by mLabs.
2.7.2. Access to the SMLAB Community may be:
a) paid, upon payment of a specific amount determined by mLabs and set out in the product description; or
b) free of charge, when granted as a benefit linked to the active subscription to certain mLabs plans or Services, in accordance with the criteria established at mLabs’ sole discretion.
2.7.3. The granting of free access to the SMLAB Community shall not constitute a vested right and may be:
a) conditioned upon the maintenance of an active contractual relationship with mLabs;
b) changed, suspended, or revoked at any time, upon prior notice to the User, in compliance with applicable law.
2.7.4. In the event of cancellation, suspension, or non-payment of the plan contracted with mLabs, free access to the SMLAB Community may be automatically terminated, regardless of prior notice.
2.7.5. mLabs may, at its sole discretion, establish additional eligibility, retention, access, and use rules for the SMLAB Community through these Terms or Specific Terms.
2.7.6. mLabs does not guarantee the continuous, uninterrupted, or error-free availability of the SMLAB Community and may make changes to, suspend, or discontinue all or part of its functionalities at any time.
2.7.7. The User shall be fully responsible for the information, content, and interactions carried out within the SMLAB Community and undertakes to comply with applicable law, these Terms, the SMLAB Community Terms of Use, and the rights of third parties.
2.8. mLabs CHAT: mLabs Chat is a Platform feature that allows the centralization, viewing, organization, and management of messages, comments, mentions, and other interactions originating from social networks and third-party platforms, including, but not limited to, Instagram, Facebook, WhatsApp, TikTok, and LinkedIn. mLabs Chat may include interaction automation features based on triggers such as the receipt of messages, comments, or keywords, enabling the automated sending of replies or the execution of actions within the Platform.
3.1. 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.
3.2. For some Services you may register an independent Account, that is, not linked to any other mLabs Service.
3.3. After you register the Account, mLabs will send an email to the email address provided by you for confirmation purposes.
3.4. 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.
3.5. 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.
4.1. 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.
4.2. PAYMENT METHODS: for Social Network Management Services, payments may be made through Credit Card, depending on the country where you are located. For other Services, you should refer to Specific Terms.
4.3. mLabs may at any time change the plans and payment methods for new contracts and renewals of the Services.
4.4. Certain Services, including the SMLAB Community, may be provided free of charge as a benefit associated with subscribed plans. Such Services do not necessarily constitute part of the core offering of the applicable plan and may be subject to their own eligibility, access, and continued participation requirements.
4.5. Third-Party Platform Costs (WhatsApp and Similar Services): The use of integrations with third-party platforms (including, but not limited to, WhatsApp Business/Meta, X (Twitter), Instagram, TikTok, LinkedIn, and other social media platforms or messaging services) may result in additional costs, either directly to the User or incurred by mLabs in relation to such platforms, in accordance with the commercial policies, pricing models, service availability, or terms of use established exclusively by such third-party platforms.
4.5.1. If a third-party platform changes its pricing model, cost policy, or availability conditions in a manner that affects the sustainability of the integration provided by mLabs, mLabs may, solely and directly as a result of such third-party changes:
a) create supplementary plans, add-ons, or specific usage allowances for the affected integration;
b) establish technical or quantitative usage limits for the affected integration;
c) charge additional fees proportional to the User’s consumption of the integration impacted by the third-party change.
4.5.2. The measures set forth in Clause 4.5.1 shall be preceded by prior notice to the User at least thirty (30) days before the new conditions become effective. Such notice shall be subject to the same “Material Change” provisions set forth in the preamble of these Terms, so that if the User does not agree with the new conditions, the User may terminate this Agreement in accordance with Clause 8, without prejudice to the other applicable provisions herein.
4.5.3. Where charges are billed directly by the third-party platform to the User (such as WhatsApp Business/Meta charges), such amounts shall not be included in the mLabs subscription plans and shall be determined, charged, and managed exclusively by the third-party platform or its authorized provider. mLabs does not process or intermediate such payments, has no access to such charges, and shall under no circumstances be liable for amounts charged directly to the User by third parties. The User is solely responsible for monitoring, configuring, and managing such costs.
4.5.4. Under no circumstances shall mLabs provide any refund, reimbursement, credit, or compensation for amounts charged by third-party platforms pursuant to Clause 4.5.3.
4.6. Credit System – X (Twitter) Integration Add-on
4.6.1. The use of the X (Twitter) integration through the specific add-on subscribed to by the User operates under a credit-based system, subject to the applicable packages, usage allowances, pricing, and other terms published in the mLabs Help Center (FAQ), in the article entitled “How Twitter/X Credit Billing Works at mLabs.” The add-on may be purchased separately or together with mLabs subscription plans, depending on the commercial options made available by mLabs. The credit packages are monthly and prepaid. Credits are linked to the User’s account and may be used across one or more X (Twitter) profiles associated with the same account. Where applicable under the subscribed plan, the account may include a monthly free publication allowance, in accordance with the package table published by mLabs.
4.6.2. A credit is consumed at the moment the User schedules a publication, thereby reserving the infrastructure required for the publication attempt on the scheduled date and time, regardless of when such publication actually occurs. Unless otherwise provided in the applicable package table, each scheduled publication consumes one (1) credit.
4.6.3. If the User deletes a scheduled publication before its scheduled publication date and time, the corresponding credit shall be restored to the account’s available balance within the applicable billing cycle.
4.6.4. Once a credit has been consumed pursuant to Clause 4.6.2, no refund, restoration, or compensation of credits shall be granted where the publication fails to occur for any reason other than the User’s deletion of the scheduled publication, including, but not limited to:
(i) unavailability, instability, or changes to the X API;
(ii) connectivity or operational failures within the X platform;
(iii) restrictions, suspensions, or blocks imposed by X on the User’s account; or
(iv) any other event attributable to the third-party platform or to the User.
4.6.5. Credits made available to the User are valid only during the applicable monthly subscription cycle and are non-cumulative. Any unused credit balance remaining at the end of the billing cycle shall automatically expire without any right to transfer, compensation, reimbursement, or conversion into credits for subsequent billing periods.
4.6.6. If the inability to publish is demonstrably caused by a failure attributable exclusively to mLabs’ own infrastructure—and not to the X platform, any third party, or the User—the corresponding credit shall be restored to the User’s balance during the billing cycle in which the failure is identified.
4.6.7. In exceptional circumstances involving a widespread service interruption attributable to mLabs, mLabs may, at its sole discretion, grant additional credits as a gesture of goodwill. Such grant shall not constitute an acknowledgment of liability, create any continuing contractual obligation, or establish any binding precedent for future situations.
4.6.8. Each credit represents payment for the availability of the integration infrastructure with X and for the attempt to publish content on the scheduled date and time. mLabs undertakes an obligation of reasonable efforts and not an obligation to guarantee the successful publication of content on the third-party platform.
4.6.9. Once the available credit allowance for the applicable billing cycle has been exhausted, the User shall not be able to schedule new publications or publish content on X (Twitter) through the Platform until purchasing an additional package, upgrading the subscription, or receiving a new monthly credit allowance, subject to the commercial options made available by mLabs.
4.6.10. The X (Twitter) integration add-on is subscribed to on a monthly basis and operates on monthly credit cycles. Purchasing the add-on together with any mLabs subscription plan having a term longer than one month, including annual or quarterly plans, does not alter the monthly nature of the credits, which shall be made available, renewed, and expire at the end of each monthly billing cycle. Credits shall not be consolidated, accelerated, or accumulated throughout the term of the subscribed plan, subject to Clause 4.6.5.
4.7. “Annual Installment Plan” Subscription Model
4.7.1. The subscription model referred to as the “Annual Installment Plan” consists of a minimum commitment period of twelve (12) months, with payment made through recurring monthly charges to the User’s credit card, without blocking or reserving the full contract value against the card’s available credit limit at the time of subscription.
4.7.2. Due to the recurring billing nature of this subscription model, invoices for the services shall be issued individually on a monthly basis, following and conditioned upon the successful settlement and payment of each corresponding installment. In the event of non-payment, invoices relating to unpaid future installments shall not be issued.
4.7.3. Enrollment in the “Annual Installment Plan” may be completed directly through the mLabs sales team during the negotiation and sales process. The User expressly acknowledges and accepts the specific rules applicable to this subscription model—including the minimum commitment period, early termination penalties, and default procedures—by continuing to use the Platform and paying the first installment, which shall constitute the User’s electronic acceptance of these Terms and Conditions.
4.7.4. mLabs may send the User communications regarding payment due dates, payment defaults, payment regularization, service suspension, service reactivation, and other financial matters through any communication channels registered by the User, including, but not limited to, email, WhatsApp, SMS, in-Platform notifications, or any other electronic communication channels made available by mLabs.
5.1. 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.
5.2. If any changes to the policies, pricing, terms of use, or service availability of third-party platforms affect the functionality, operating costs, or sustainability of the integrations provided by mLabs, mLabs may, upon prior notice to the User at least thirty (30) days in advance whenever reasonably possible, or within a shorter period where the change results from an immediate implementation or deadline imposed by the third-party platform itself:
a) modify the affected integration to comply with the new conditions imposed by the third party;
b) change the manner in which the integration is provided, including through the creation of add-ons, usage allowances, or specific pricing models, in accordance with Clause 4.5;
c) discontinue the affected integration, in whole or in part.
5.2.1. The measures set forth in this Clause shall be adopted exclusively as a result of circumstances attributable to the third-party platform (including changes to its policies, pricing, or service availability) and are intended to preserve the sustainability of the services provided by mLabs, without requiring mLabs to absorb unforeseen costs arising from unilateral decisions made by third parties over which mLabs has no control.
5.2.2. The notices provided for under this Clause shall be subject to the same “Material Change” provisions set forth in the preamble of these Terms. Accordingly, if the User does not agree with the adopted measure, the User shall have the right to terminate this Agreement in accordance with Clause 8.
5.3. Private Data and Restricted Content: mLabs is not responsible for and cannot provide data or analysis of Instagram profiles that are private, or of specific posts/content that have comments disabled, likes hidden, or any other viewing restrictions imposed by the profile owner or the Instagram platform. The Service operates exclusively on publicly available information.
5.4. Data Variations and Accuracy: mLabs uses the official Instagram API (or other public data sources) to provide the analysis information. However, we are not responsible for any fluctuations, unavailability, delays, or failure to return complete and/or accurate public data by the official Instagram API. Data accuracy is subject to the availability and policies of the social network.
5.5. Interpretation and Use of the Report: The Reports are a tool for supporting and analyzing public data. mLabs is not responsible for the interpretation, decisions, or results obtained by the User from the information contained in the Reports. The use of the information is the sole responsibility of the User.
5.6. Service Availability: Although mLabs strives to keep the Service available, we do not guarantee uninterrupted availability and disclaim responsibility for interruptions or failures resulting from external factors or maintenance.
5.7. API Changes: The Service depends on APIs and policies of third-party social media platforms (such as Instagram). mLabs is not responsible for any impacts on the Service resulting from changes, updates, or discontinuations of these platforms’ APIs or policies.
5.8. Collaboration (Collabs) Limitations: Due to Instagram platform policies and the way collaboration (collab) data is processed, the metrics of collaborative posts with other profiles may not be fully captured or displayed in the Report. The Service processes data from the main profile, but inconsistencies may occur in shared content.
5.9. Nonexistent Content: Reports are generated based on existing data. Therefore, mLabs is not responsible for the absence of data in the Reports if a competitor’s profile has had no posts in the last three (3) months or has no publicly available posts.
5.10. Data Analysis Period: Competitor Analysis is limited to posts and information published within the last three (3) months of the Instagram profiles added for analysis.
5.11. mLabs does not guarantee that:
a) Your use of the Services will meet your expectations;
b) Use of the Services will be uninterrupted, accurate, timely and error-free, and disclaims responsibility for interruptions or failures resulting from external factors or maintenance;
c) There will be no fluctuations, unavailability, delays, or failure to return complete and/or accurate public data by the official Instagram API. Data accuracy is subject to the availability and policies of the social network.
d) 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;
e) Any defects in the functioning or functionality of any software provided to you as part of the Services may be corrected.
f) 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:
I – 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;
II – any changes mLabs may make to the Services;
III – 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;
IV – 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;
V – failure to maintain the security and confidentiality of your Account details by yourself;
VI – 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;
VII – any damages arising from the misuse of your information by third parties;
VIII – for any material or information that exists, or that may exist, entered on the Platform by you;
IX – 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;
X – 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;
XI – 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;
XII – accesses to other domains, even if they present the same characteristics of this website and/or claim to be the original of mLabs;
XIII – impossibility of accessing the Platform, or failure to function and communicate with it resulting from:
XIII.I – 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;
XIII.II – lack of ability to operate the necessary equipment and technologies;
XIII.III – failures in the World Wide Web (Internet) and Providers;
XIII.IV – failures in the systems, servers, software and/or hardware that keep the Platform accessible.
5.12. Limitation of Liability: To the fullest extent permitted by applicable law, mLabs’ total liability for proven damages arising out of or relating to the use of the Platform and its Services shall be limited to the total amount actually paid by the User to mLabs during the twelve (12) months immediately preceding the event giving rise to the claim.
5.13. Penalties Imposed by Third-Party Platforms: Integrated third-party platforms may impose blocks, restrictions, limitations, or suspensions on the accounts used by the User. Such decisions are made exclusively by the respective third-party platforms and are entirely outside mLabs’ control. mLabs has no authority to intervene, reverse such penalties, or mediate disputes with third-party platforms, and shall not be liable for any consequences arising from such measures.
6.1. You still acknowledge and agree to:
a) use the Services only for the purposes permitted by the Terms, the Brazilian legal system, regulations, practices or guidelines accepted in the relevant jurisdictions;
b) 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;
c) 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;
d) 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.
e) be responsible for maintaining the confidentiality of your account with the Platform, as well as passwords, which you use to access the Services;
f) 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;
g) 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;
h) not access or attempt to access the Services by any means other than through the Platform;
i) not violate the intellectual property rights of third parties;
j) not participate in any activity that interferes with or interrupts the operation of the Services, or servers and networks connected to the Services;
k) 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;
l) 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;
m) not use any functionality of the Services related to email to send spam to third parties.
n) Not to use robots, scripts, automation tools, crawlers, or artificial intelligence systems to access, operate, or automate actions within the interface of the mLabs Platform.
o) Not to use the Platform as infrastructure for third-party software, automated agents, or artificial intelligence systems that operate the user’s account without mLabs’ prior and express authorization.
p) To acknowledge that mLabs may block access or suspend accounts that use unauthorized automated mechanisms, in order to ensure the stability and security of the service.
q) Keep the User’s registration information and the payment methods used to subscribe to the Services accurate and up to date.
6.2. Automated Use of the Platform: It is expressly prohibited to use robots, scripts, automated tools, artificial intelligence agents, crawlers, or any similar mechanisms to access, operate, or automate actions within the Platform without mLabs’ prior and express authorization.
Such prohibition includes, but is not limited to, the automation of interactions within the Platform interface, simulation of human behavior, mass execution of actions, or use of the Platform as infrastructure for external systems.
mLabs may, at its sole discretion and regardless of prior notice, block access, limit functionalities, or suspend accounts that violate this provision.
6.3. Improper and Abusive Use: It is prohibited to use the Platform for the mass sending of unsolicited messages, spam practices, or any use that violates applicable law or the policies of the integrated platforms.
mLabs may apply technical limits, preventive blocks, rate limits, operational restrictions, or account suspensions whenever it identifies abusive use, risk to the stability of the Platform, or potential violation of third-party policies, regardless of prior notice.
6.4. Responsibility for Connected Accounts and Content: The User declares that they have authorization to operate the social media accounts connected to the Platform and are fully responsible for their use. The User is solely responsible for the content of messages sent, whether manually or automatically, as well as for any consequences arising from their use.
7.1. 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.
8.1. These Terms come into effect when you register on the Platform
8.2. 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.
8.3. 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.
8.4. Cancellation of the Services may be made by either party. To cancel the Annual Plan, simply request it through one of our chat agents or send an email to [email protected] with the subject “cancellation request.” For the Monthly Plan, you can cancel it yourself directly on the “Plans and Services” page of the platform. mLabs will process the requested cancellation within up to 14 (fourteen) business days.
8.4.1. mLabs may offer the User an Annual Installment Plan, which provides differentiated commercial conditions, discounts, benefits, or promotional pricing in exchange for the User’s commitment to remain subscribed for a minimum period of twelve (12) months.
8.4.2. Since enrollment in the Annual Installment Plan is completed through the mLabs sales team, acceptance of the specific terms applicable to this subscription model shall be formalized through an electronic communication (email or message sent through an official support channel) in which mLabs clearly presents the terms and conditions of the subscribed plan to the User.
8.4.3. The User’s payment of the first installment following receipt of such communication shall constitute the User’s express and unequivocal acceptance of the specific terms of the Annual Installment Plan and shall produce all legal effects of a valid and binding agreement.
8.4.4. Under the Annual Installment Plan, charges shall be processed periodically, on an installment-by-installment basis, in accordance with the agreed payment schedule, without necessarily blocking or reserving the full available credit limit of the credit card used by the User at the time of subscription.
8.4.5. Invoices shall be issued individually, reflecting only the amounts effectively paid by the User. Future installments that remain unpaid shall not result in the issuance of invoices until such installments have been fully settled.
8.4.6. In the event of payment default, mLabs may temporarily suspend the User’s access to the Services while the Agreement remains in force. Such suspension shall not constitute automatic termination of the Agreement, and access may be restored once the outstanding payment has been regularized.
8.4.7. If the payment default continues beyond the period established under mLabs’ internal collection policy, mLabs may terminate this Agreement without prejudice to exercising any collection measures permitted under these Terms.
8.4.8. Access to the Services shall be restored after confirmation that the outstanding payment has been regularized, subject to the operational time required to reactivate the Services.
8.5. If the User elects to cancel the annual subscription for the Social Media Management Services, the User shall be entitled to a partial refund of the amounts paid. The refund shall correspond to thirty percent (30%) of the amount attributable to the remaining months of the annual subscription term. No refunds shall be granted for monthly subscription plans; however, the subscribed Services shall remain available until the end of the applicable billing period.
8.5.1. For subscriptions to the standalone or specific Competitor Analysis service, no refund or cancellation with reimbursement shall be available, as the report is generated automatically and made immediately available to the User upon confirmation of payment.
8.5.2. If the User fails to cure the payment default within the period established before termination for non-payment, mLabs may adopt one or more of the following collection measures:
a) direct out-of-court collection efforts;
b) reporting the User’s outstanding debt to credit protection agencies (such as SPC, Serasa, or equivalent organizations);
c) formal protest of the debt before a notary public, where permitted by applicable law; and
d) judicial collection proceedings, subject to applicable law and prior notice to the User.
8.5.3. Amounts paid after their due date may be subject to late payment penalties, default interest, and monetary adjustment, in accordance with applicable law.
8.5.4. mLabs may send communications relating to payment collection, payment default, service suspension, payment regularization, and credit recovery through any electronic communication channels made available by the User, including, but not limited to, email, WhatsApp, SMS, in-Platform notifications, or any other official communication channels provided by mLabs.
8.6. Competitor analysis is generated automatically and immediately after payment confirmation, and therefore no refund will be due in the event of cancellation. The User acknowledges and agrees that the reports are prepared exclusively from publicly available information, subject to the limitations described in paragraph 5, clauses 5.3 to 5.11.
8.7. Any form of violation of the Terms will result in automatic cancellation and suspension of the Services, including Account termination, without prior notice.
8.8. 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.
8.9. The cancellation of mLabs plans or Services may result in the loss of associated benefits, including free access to the SMLAB Community, where applicable.
9.1. Third-Party Costs (WhatsApp): The sending of messages via WhatsApp Business follows Meta’s billing model. These costs are not part of the mLabs subscription and are charged directly by Meta or an official provider. The User is fully responsible for these costs, and mLabs shall not be responsible for any reimbursement, financial intermediation, or liability for charges arising from incorrect settings or a high volume of messages sent.
9.2. Integrations with Third-Party Platforms: The operation of mLabs Chat depends on integrations with third-party platforms, including social media platforms and messaging services. Such platforms maintain their own policies, APIs, technical and operational limitations, and pricing models, all of which may be modified, suspended, or discontinued at any time. mLabs has no control over such platforms and shall not be responsible for any limitations, service interruptions, failures, modifications, or discontinuations resulting from such integrations. Where applicable, the provisions of Clauses 4.5 and 5.2 shall apply, including with respect to the creation of add-ons, usage allowances, usage limits, or additional charges resulting from changes implemented by such third-party platforms.
9.3. Interaction Windows and Limitations: The sending of replies is subject to “interaction windows” imposed by the networks, such as 24 hours for Meta and 48 hours for TikTok. mLabs does not guarantee the full real-time collection of all interactions, as these depend exclusively on the APIs of the social networks.
9.4. Collection and History of Interactions: The collection of messages, comments, and other interactions depends on the information made available by the integrated platforms, and delays, limitations, or failures may occur. mLabs Chat will collect interactions only from the moment the account is connected to the Platform, with no guarantee of recovering previous interactions or interactions that occurred during periods of disconnection.
9.5. Suspension for Abuse: mLabs reserves the right to suspend access to mLabs Chat if it identifies behaviors that create operational risk, violate the law, violate the policies of the integrated networks, or constitute spam or the sending of unsolicited messages.
9.6. Use of Automations (mLabs Chat): The User is fully responsible for the configuration, use, and consequences arising from the use of automations available on the Platform, including those based on messages, comments, or keywords. The User undertakes to use such features in compliance with applicable law and with the policies of the integrated platforms. The User acknowledges that improper use of automations may result in blocks, limitations, penalties, or suspension of accounts by third-party platforms, such consequences being the User’s sole responsibility.
9.7. Technical Limits: mLabs may establish technical usage limits, including limits on the volume of messages, automations, or operations performed.
9.8. Platform Protection: Preventive blocks, restrictions, or suspensions of access may be applied whenever abusive use, operational risk, or potential impairment of the Platform’s stability is identified, regardless of prior notice.
9.9. Third-Party Blocking: Platforms such as Meta, Instagram, Facebook, WhatsApp, and TikTok may apply blocks, limitations, or suspensions to the accounts used by the User. Such decisions are made exclusively by the platforms themselves. mLabs has no control, authority, or ability to interfere with such decisions. mLabs also has.
10.1. 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.
10.2. 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.
10.3. 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.
10.4. 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.
10.5. The 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.
10.6. mLabs shall retain electronic records relating to the User’s subscription, acceptance of these Terms, access to the Platform, and communications exchanged with the User for purposes of contract performance, fraud prevention, and the establishment, exercise, or defense of legal rights.
10.7. During the term of this Agreement, mLabs may introduce or make available new payment methods, billing procedures, and payment regularization mechanisms, provided that the essential terms and conditions of the User’s subscription remain unchanged.
11.1. 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.
11.2. 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.
11.3. 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.
11.4. 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.
12.1. The Services and the Platform are on the internet and can be accessed from any location, as available, and regardless of where you are.
12.2.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: July 31, 2026