1. Acceptance, documents and order of precedence

By creating an account, accepting electronically, signing an Order or using the service, the customer agrees to these Terms, the Privacy Policy, the Acceptable Use Policy and the Commercial Terms. Acceptance is recorded with the document versions, date and technical evidence of integrity.

In the event of a conflict, the order of precedence is: (1) the Order or signed proposal; (2) the data processing agreement; (3) the SLA or specific addendum; (4) these Terms; and (5) the incorporated public policies. Mandatory statutory rights are not excluded.

2. Essential definitions

• Customer: an organization that subscribes to or administers a workspace.
• User: a person authorized by the customer to use the platform.
• Lead: a professional contact or company entered, captured or found through legitimate means.
• Campaign: a combination of an audience or list, AI agent, offer, channels and workflow.
• Activation: enrichment that adds a verified professional email address or the person's own WhatsApp to the contact, as defined in the Commercial Terms.
• Order: a proposal, service order or subscription screen that identifies the parties and the plan.

3. Scope of the service

nextwho is a B2B platform for lead capture and import, enrichment, list organization, multichannel prospecting, workflows, AI agents, response classification, Kanban, scheduling, sales handoff and integrations. The features actually available depend on the plan, Order, region and enabled integrations.

nextwho provides technology and, when contracted, operational support. It does not act as the customer's sales representative, enter into transactions on its behalf or replace the customer's legal, commercial or human assessment.

4. Account, users and authority

• Users must provide truthful information, protect credentials and report unauthorized access.
• Anyone who creates or administers a workspace declares that they have authority to bind the organization they represent.
• Administrators control workspace members, permissions, integrations, data sources and settings.
• The customer is responsible for its users' actions and must promptly remove access that is no longer necessary.

The service is intended for professional and business use by persons with legal capacity.

5. Customer responsibilities

The customer is responsible for its strategy, offer, audience, messages, lists and instructions. In particular, it must:

• document an appropriate legal basis for data and communications and conduct a balancing test where applicable;
• ensure the legitimacy of sources and permissions, including for imported data, extensions and integrations;
• use truthful identification, provide context and maintain working objection or unsubscribe mechanisms;
• respect suppression lists, do-not-contact requests, times, frequency and channel rules;
• review campaigns, content and decisions with greater impact before activating them;
• not enter sensitive data, children's data, secrets or credentials without proven authorization and necessity.

The fact that data is publicly available does not remove the need for a legitimate purpose, necessity, transparency and respect for data subject rights.

6. Acceptable use and abuse prevention

The Acceptable Use Policy forms part of these Terms. Sending spam, committing fraud, misleading recipients, bypassing limits, harassing, discriminating, exploiting vulnerabilities, inserting malware, infringing intellectual property or continuing contact after an objection is prohibited.

We may reduce the pace, block an execution, require supporting evidence or suspend features where there is a risk of abuse, legal violation, unusual complaints, compromised accounts or failure to comply with third-party policies. Where reasonable and safe, we will explain the reason and allow correction.

7. Channels, extension and integrations

• Email: the customer must authenticate senders, identify itself and provide an unsubscribe mechanism.
• WhatsApp: requires a number provided by the recipient, compatible consent and approved templates where applicable.
• LinkedIn: authorized features, access and integrations only; nextwho does not authorize prohibited scraping or automation.
• Chrome extension: only on pages, accounts and data that the user is authorized to access and select.
• CRM, calendar and APIs: the customer is responsible for credentials, permissions, mapping and data destinations.

Channels and integrations belong to third parties, which may change prices, rules, availability or approval criteria. nextwho does not control blocks, rejections, deliverability or changes made by these providers.

8. Artificial intelligence and oversight

AI features may research, draft, summarize, classify intent, suggest next steps and handle responses within the campaign rules. Outputs are probabilistic, may be incomplete or incorrect and do not constitute legal, financial or professional advice.

The customer must configure limits, provide legitimate materials, test the agent and maintain oversight proportionate to the risk. Using the platform for discriminatory decisions, profiles based on sensitive data or solely automated decisions with significant effects without the safeguards required by law is prohibited.

9. Plans, activations and allowances

Prices, monthly allowances, campaigns, users, support and features are set out in the Order and the Commercial Terms. An Activation pays for actionable enrichment; it is not a charge per message, click, response or meeting.

One Activation is consumed when enriching a person adds a verified professional email address or that person's own WhatsApp. Duplicates, already activated contacts, company-only updates, results without a channel and technical failures do not consume an Activation.

Reusing the same contact in another list, offer or campaign does not consume another unit. Pausing and resuming the same job does not generate a new Activation. The dashboard and usage ledger are the auditable source for reconciliation, without prejudice to substantiated disputes.

10. Billing, renewal and taxes

Monthly plans are billed each month. Annual plans, when selected, are paid upfront and retain monthly allowances; the annual discount does not turn the allowance into a full upfront balance. Subscriptions renew for the contracted period until canceled.

Taxes, overages and optional services will be presented before becoming payable. Extraordinary third-party costs not included in the plan will only be passed through after information and acceptance. Nonpayment may result in restriction or suspension. Price adjustments will be communicated before the affected renewal.

Unless otherwise provided in the Order or required by a mandatory legal right, amounts for periods that have begun and resources consumed are nonrefundable. Any right of withdrawal will be respected where legally applicable.

11. Free trial

The free trial is limited to the advertised allowance, may require eligibility criteria and must not be used to create duplicate accounts or bypass limits. No charge will be made without an express subscription. High-cost features or channels requiring approval may depend on prior configuration.

12. Commercial results

nextwho does not guarantee any number of responses, qualified leads, opportunities, meetings or sales. Results depend on factors outside our control, such as the quality and origin of the contact database, product-market fit, the offer, sender reputation, content, timing, competition and recipients' decisions.

Metrics, simulations and examples on the website are illustrative and do not represent a promise of performance. Targets or performance services will only be binding if expressly described in a signed Order, with defined assumptions and attribution criteria.

13. Customer data and content

The customer retains its rights to the lists, messages, materials, settings and other content it provides. It grants nextwho limited authorization to host, organize, enrich, transmit, transform and display that content to the extent necessary to provide, secure and support the service.

The customer is responsible for the origin, accuracy, lawfulness and processing instructions. nextwho applies logical separation between workspaces and does not transfer lists from one customer to another. Data protection roles and obligations are detailed in the Privacy Policy and the Data Processing Agreement.

14. Intellectual property

nextwho's platform, brand, software, interface designs, documentation and technologies belong to the provider or its licensors. The customer receives a limited, nonexclusive, nontransferable and revocable license to use the service during the agreement. No rights are granted to source code, trademarks or third-party technologies.

Feedback may be used to improve the product without disclosing confidential information. Aggregated or anonymized data will only be used when it cannot identify individuals or reveal the customer's confidential information.

15. Confidentiality and security

Each party will protect the other's confidential information with diligence appropriate to its nature and use it only for the contractual relationship. Information is not confidential if it is public without a breach, already lawfully known, independently developed or required by a competent authority.

nextwho adopts technical and organizational controls proportionate to the risk. The customer must configure access, protect devices and credentials, review integrations and report incidents related to its workspace.

16. Availability, support and changes

We work to keep the service secure and available, but maintenance, network failures, provider outages and events outside our control may cause interruptions. Specific service levels only apply when set out in the Order or SLA.

We may update or replace features for security, compliance or development of the service. If a material change reduces an expressly contracted functionality, we will provide reasonable communication and transition or the remedies set out in the Order.

17. Suspension, cancellation and data

The customer may cancel according to the contracted cycle. Cancellation prevents further renewals but does not extinguish overdue obligations. We may suspend or terminate for a significant violation, abuse, security risk, legal order or nonpayment, providing an opportunity to remedy where reasonable.

After termination, access may be disabled and content handled according to the timeframes in the Order, the Privacy Policy and legal obligations. The customer must export the data it wishes to retain before the end of the stated window. Suppression lists and mandatory records may be retained in a minimized form.

18. Warranties and liability

The service will be provided in accordance with the Order and applicable legislation. We do not guarantee commercial results, delivery through third-party channels, uninterrupted availability, account approval or absolute accuracy of enriched data and AI.

To the fullest extent permitted by law, neither party is liable for indirect damages or unforeseeable loss of opportunity. The provider's total liability related to the service is limited to the amounts paid by the customer in the 12 months preceding the event, except where the law does not allow limitation, including in cases of willful misconduct, breach of confidentiality, intellectual property infringement or nonwaivable rights.

The customer will be liable for claims arising from unlawful lists, messages, offers or instructions under its control; nextwho will be liable for acts it performs outside legitimate instructions or in breach of its legal obligations.

19. Applicable law and dispute resolution

These Terms are governed by Brazilian law. The parties will seek an amicable resolution before initiating a formal dispute. The forum will be the one defined in the Order; in its absence, the forum competent under the law applies, preserving nonwaivable rights and consumer protection rules where applicable.

20. Changes, communications and contact

We may update these Terms to reflect legal, security or service changes. Material changes will be communicated before taking effect on an ongoing agreement, where required. Continued use does not replace new acceptance when the change requires express contractual consent.

Notices may be sent to the workspace administrator. Legal inquiries: [email protected]. General support: [email protected].