Terms of service
Last updated: April 13, 2026
1. Acceptance of terms
By creating an account, accessing, or using the WiseData NPS platform ('Platform'), you ('User') declare that you have read, understood, and fully agree to these Terms of Service. If you are contracting on behalf of a company, you declare that you have the authority to bind such company. The Platform is intended exclusively for legal entities (CNPJ) and their representatives. If you do not agree, do not use the Platform.
2. License of use (EULA)
WiseData Business LTDA, as Licensor, grants the User (Licensee) a limited, non-exclusive, non-transferable, revocable, non-sublicensable license, restricted to the Brazilian territory, to use the Platform during the term of the contracted subscription, exclusively for the User's own activities related to the collection and management of experience surveys (NPS and its variations, such as relational, transactional, product, eNPS, brand, and competitive). For the purposes of these Terms, this instrument also constitutes the End User License Agreement (EULA) for the Platform. The Platform is provided as a service (SaaS). No source code, intellectual property rights, or perpetual license is transferred to the User. The Embed widget is provided under a usage license on the User's website and does not constitute a transfer of ownership. All rights not expressly granted remain reserved to WiseData Business.
3. Account and access
Only one account per CNPJ is permitted. Each account is non-transferable — it is prohibited to sell, assign, lend, or transfer the account or access to third parties. The User is responsible for maintaining the confidentiality of their credentials (passwords, API tokens, and active sessions) and for all activities performed under their account. It is prohibited to share login credentials between individuals; each person must use their own user account, respecting the user limit of the contracted plan. Violation of this provision may result in permanent suspension of the account. The User must immediately notify any unauthorized use. It is prohibited to register with a false name, email, phone number, or CNPJ, or one belonging to third parties without authorization.
4. Plans, limits, and payment
The Platform offers plans with monthly limits per sending channel (Email, WhatsApp, Embed). Limits reset on the monthly anniversary of the subscription. Unused limits in a cycle are not cumulative, not transferable between accounts or channels, and not refundable for the following cycle. When the limit of a channel is reached, sends on that channel are automatically paused until the next cycle — with no overage charges. Payments are processed by Stripe via credit card. The User is responsible for keeping payment information up to date. In case of payment failure, Stripe will make automatic retry attempts; after 3 failed attempts within 7 days, access will be suspended. WiseData Business reserves the right to change plan prices and limits upon email notice with at least 30 days' advance notice.
5. Discount coupons
Discount coupons are personal, single-use, and non-transferable. Each coupon has specific conditions regarding usage, validity, and applicable plan. Coupons are not cumulative with other coupons, are not retroactive to charges already made, and do not entitle the holder to a refund of the difference. WiseData Business may revoke coupons issued in error or subject to abusive use.
6. Refund and cancellation
The User may cancel the subscription at any time through the Platform dashboard, without fines or penalties. Cancellation takes effect at the end of the current billing cycle, and access is maintained until that date. After the end of the cycle, the account enters read-only mode for 30 days for data export. After this period, all data is anonymized within 1 hour. Full refunds may be requested within 7 calendar days of the first payment, provided the User has not exceeded 50 sends during the period. After this deadline, no proportional refund will be issued for unused sends or mid-cycle cancellation. Plan upgrades generate an immediate proportional adjustment. Downgrades take effect in the next cycle. In the event of a chargeback dispute with the card issuer, WiseData Business may immediately suspend the account until the dispute is resolved.
7. Acceptable use and general prohibitions
The User agrees to use the Platform exclusively for sending experience surveys (NPS and its variations, such as relational, transactional, product, eNPS, brand, and competitive) to recipients who have given valid prior consent (opt-in) under the LGPD. Responsibility for consent and the legal basis lies exclusively with the User. The content of the surveys is the sole responsibility of the User — WiseData Business does not review, approve, or endorse the content sent. It is expressly prohibited to: (a) send spam, phishing, malware, advertising, promotional, or non-survey-related content; (b) use contact lists that are purchased, scraped, obtained without consent, or intentionally dirty (honeypots, spam traps); (c) send illegal, defamatory, discriminatory, threatening content, or content that violates third-party rights; (d) attempt to circumvent plan limits by any means (multiple accounts, abusive automation, counter manipulation); (e) reverse-engineer, decompile, disassemble, decipher, or attempt to extract the source code, internal structure, algorithms, scoring models, AI models, or proprietary formulas of the Platform; (f) attempt to access data from other tenants or accounts; (g) intentionally overload the infrastructure (DoS attacks or similar); (h) create fake accounts to abuse the free trial; (i) resell, sublicense, or offer white-label versions of the service without express authorization; (j) use the Platform for illegal purposes of any nature; (k) perform scraping, data mining, use of bots, crawlers, automated scripts, RPA routines, or any other form of mass or automated extraction of data, responses, dashboards, or metrics, outside the official channels (Platform interface, supported exports in Excel/CSV/PDF, and contracted API of the Business plan); (l) use the Platform, its data, responses, dashboards, classifications, sentiments, or models to train, fine-tune, evaluate, or feed artificial intelligence models, large language models (LLMs), or automated systems of any nature without specific written authorization from WiseData Business; (m) circumvent, disable, or interfere with security features, authentication, rate limiting, watermarks, audit identifiers (canary tokens), or any technical protection mechanism; (n) republish, publicly display, or make accessible to third parties, in any medium (websites, marketplaces, shared spreadsheets, repositories, chatbots), significant portions of the response database, proprietary dashboards, or scores generated by the Platform; (o) use data or metrics to discriminate against respondents or recipients based on illegal criteria (origin, religion, gender, sexual orientation, political affiliation, health status, etc.). WiseData Business may, at its sole discretion, embed audit identifiers (canary records) in responses, exports, and dashboards delivered to the User, with the sole purpose of detecting unauthorized redistribution; such identifiers do not interfere with the usefulness of the data and may be used as evidence in case of violation of these Terms. Failure to comply with the prohibitions in this clause authorizes WiseData Business to suspend or terminate the account without refund, without prejudice to the collection of contractual penalty of up to R$ 50,000.00 (fifty thousand Brazilian reais) per violation event, the assessment of actual damages, lost profits, and civil and criminal liability under Law No. 9,609/1998 (Software Law), Law No. 9,610/1998 (Copyright Law), and other applicable rules. The User is fully responsible for the content of the surveys, including any abuse, harassment, improper communications, or use of the Platform for purposes unrelated to feedback collection. Detection of multiple accounts created to abuse the free trial will result in immediate blocking of all accounts involved.
8. Sends and reputation
WiseData Business actively monitors sending quality and the reputation of its IPs and domains. Accounts with a bounce rate exceeding 1% or a spam complaint rate exceeding 0.1% may have their sends paused or their account suspended, regardless of the contracted limit. Sends to unverified lists compromise deliverability for all users and are treated as a serious violation. Email and WhatsApp number validation before sending is part of this quality commitment. WiseData Business does not guarantee the effective delivery of sent messages, as delivery depends on external factors, including spam filters, email provider policies, carriers, and third-party platforms. WiseData Business may limit, pause, or block sends automatically based on quality, reputation, or risk indicators, regardless of the contracted plan. The sending resources operate on shared infrastructure among multiple Users; improper use by one User may impact the Platform's overall sending capacity. The Platform may apply additional technical rate limits to ensure stability and security.
9. WhatsApp
Sending surveys via WhatsApp is subject to WhatsApp Business and Meta Platforms policies, in addition to these Terms. It is prohibited to send content that violates Meta's Commerce Policies or Business Policies. WiseData Business may pause WhatsApp sends if the account's quality rating drops to levels that compromise the verified number. The User assumes full responsibility for recipient complaints arising from sends.
10. Integration API
The Business plan includes access to the integration API. API tokens are personal, non-transferable, and the User's responsibility. Rate limits are defined per plan, and it is prohibited to circumvent them by any technical means. It is expressly prohibited to use the API to build a competing product or functionality that replicates the Platform. WiseData Business may revoke API access at any time in cases of abuse, violation of these Terms, or use incompatible with the Platform's purpose.
11. Artificial intelligence
Artificial intelligence-based analysis features (sentiment analysis, topic categorization, and insights) provide estimates and automated suggestions that may contain inaccuracies. AI results do not constitute binding automated decisions and do not replace human analysis. The User is responsible for validating and interpreting the results before making any decision.
12. Data, privacy, and LGPD
For the purposes of the LGPD, the User is the controller of the data of survey recipients (contacts they import), and WiseData Business acts as the processor of such data. The User is fully responsible for: obtaining valid consent or having a legal basis for sending; responding to data subject rights requests; and ensuring the legality of the imported data. WiseData Business does not sell, share, or use contact data for its own purposes. The User is and remains the owner of the data they input into the Platform (contacts, responses, configurations) and has the right to portability at any time via export (Excel, CSV, PDF). WiseData Business owns all intellectual property rights over the Platform, including source code, design, trademarks, texts, illustrations, algorithms, and AI models. Sending surveys without an adequate legal basis may result in exclusive liability of the User before authorities and third parties. WiseData Business may use anonymized and aggregated data for Platform improvement, performance analysis, and development of new features. The Platform maintains usage records, access logs, and event logs for auditing, security, and continuous improvement purposes.
13. Suspension and termination
WiseData Business reserves the right to suspend or terminate the User's account, without prior notice, in the following cases: violation of any provision of these Terms; sending spam, phishing, or prohibited content; use that harms the sending reputation or the Platform's infrastructure; fraud or attempted fraud; registration with false data; default exceeding 15 days; chargeback dispute without resolution; judicial or administrative order. In case of suspension for serious violation (fraud, spam, illegality), there will be no refund, and data may be deleted immediately. In all other cases, the User will have 30 days to export their data after termination.
14. Availability and SLA
WiseData Business will endeavor to maintain Platform availability of 99.5% per month, excluding scheduled maintenance periods. Maintenance will be communicated with at least 24 hours' advance notice when possible. The Platform depends on third-party providers (SendGrid, Meta, AWS, Stripe) whose potential unavailability is beyond our control. We are not responsible for damages arising from temporary unavailability, whether of the Platform or of third-party providers.
15. Limitation of liability
The Platform is provided 'as is' and 'as available'. To the maximum extent permitted by law, WiseData Business shall not be liable for: lost profits, data loss (except in cases of proven negligence), indirect, incidental, consequential, or punitive damages. WiseData Business's total liability, for any cause, is limited to the amount actually paid by the User in the 12 months preceding the event that gave rise to the claim.
16. Indemnification
The User agrees to indemnify and hold harmless WiseData Business, its partners, employees, and contractors from any losses, damages, costs, and expenses (including attorney fees) arising from: misuse of the Platform by the User; violation of these Terms; violation of third-party rights; sending unauthorized or illegal content; complaints from recipients; and any liability arising from data imported by the User.
17. Changes to terms, plans, and features
WiseData Business may update these Terms, prices, and plan limits at any time. Material changes will be communicated by email with at least 30 days' advance notice. Continued use of the Platform after the new version takes effect constitutes acceptance. If the User does not agree, they may cancel before the effective date without penalty. WiseData Business may change features, integrations, and architecture of the Platform at any time, provided that the contracted service is not substantially impaired.
18. Governing law and jurisdiction
These Terms are governed by the laws of the Federative Republic of Brazil — in particular the General Data Protection Law (Law No. 13,709/2018), the Brazilian Civil Rights Framework for the Internet (Law No. 12,965/2014), the Software Law (Law No. 9,609/1998), the Copyright Law (Law No. 9,610/1998), and the Consumer Protection Code (Law No. 8,078/1990), as applicable. The jurisdiction of Goiânia, GO is hereby elected to resolve any disputes, with waiver of any other, however privileged it may be.
19. Definitions
For the purposes of these Terms: (a) 'Platform' comprises the set of software, data, interfaces, APIs, embed widgets, dashboards, reports, documentation, and services offered under the WiseData NPS brand. (b) 'Account' designates the access identified by credentials, linked to a legal entity (CNPJ) and its authorized representatives. (c) 'Proprietary Content' encompasses source code, design, layout, visual identity, trademarks, structured database, NPS calculation algorithms, artificial intelligence models (sentiment analysis, topic categorization, insights), templates, dashboards, formulas, classifications, and any intellectual work produced by WiseData Business. (d) 'User' or 'Licensee' designates the legal entity and its authorized representatives that access or use the Platform. (e) 'Recipients' designates the contacts imported by the User for survey delivery, of which the User is the controller for LGPD purposes. (f) 'Responses' designates the content collected from Recipients through surveys, including scores, open comments, sending metadata, and categorizations.
20. Intellectual property
All intellectual property rights related to the Platform — including trademarks, visual identity, layout, source code, structured database, NPS calculation algorithms, artificial intelligence models (sentiment analysis, categorization, insights), templates, dashboards, website content, documentation, and API — belong to WiseData Business and/or its licensors and are protected by applicable intellectual property laws (Law No. 9,609/1998 — Software Law, Law No. 9,610/1998 — Copyright Law, and other rules). The composition, selection, organization, and arrangement of response data, dashboards, and reports made available by the Platform constitute a protected work in itself, even though individual responses belong to the User; this protection also covers derived statistics, indices, zone scores (Excellence/Quality/Improvement/Critical), topic categorizations, and any transformations created by WiseData Business from the collected responses. The User remains the owner of the raw data they enter or collect on the Platform (imported contacts, Recipient responses, and their own configurations) and has the right to export them at any time via Excel, CSV, or PDF. Any feedback, suggestion, idea, or contribution submitted by the User may be freely used by WiseData Business, without any compensation, in product improvements and evolutions.
21. Communications with the User and WiseData group marketing
By the mere use of the Platform, the User agrees to receive electronic communications related to the operation of the service (billing notifications, usage alerts, limit exhaustion, changes to the Terms, relevant product updates), as well as marketing communications from WiseData NPS itself and from other brands of the WiseData Business group — including, without limitation, WiseData Business, WiseData Marketing, WiseData Leads, WiseData Agency, and other products of the same economic group — with offers, news, educational content, and commercial opportunities (cross-sell and cross-promotion). Marketing communications are sent based on legitimate commercial interest (Art. 7, IX, of the LGPD) and the contractual relationship itself, preferably by email, in-app notifications on the authenticated Platform, and/or through the WhatsApp number provided at registration. The User may, at any time, manage their communication preferences in the Platform dashboard, use the unsubscribe link present in each email, or request interruption through the DPO channel at dpo.nps@wisedatabusiness.com. WiseData Business uses, on its website and Platform, marketing tracking technologies and pixels (Google Tag Manager, Google Ads, Meta Pixel, LinkedIn Insight Tag, among others) to measure campaigns, segment audiences, and optimize the experience; details are in the Privacy Policy and the Cookie Policy.
22. Assignment
The User may not assign, transfer, or sublicense the rights and obligations of these Terms to third parties without prior written authorization from WiseData Business. WiseData Business may assign these Terms, in whole or in part, to a company of the same economic group or as a result of a corporate transaction (merger, acquisition, reorganization, asset transfer), preserving the obligations assumed before the User and the rights provided for in the LGPD.
23. Severability and tolerance
If any clause of these Terms is considered invalid, illegal, or unenforceable by a competent authority, the remaining clauses shall remain in full force and effect, and the affected clause shall be interpreted in the manner that most closely approximates the original intention of the parties within legal limits. Any tolerance by WiseData Business regarding the User's failure to comply with any obligation under these Terms shall not constitute novation, waiver, or alteration of the right to demand future compliance with the tolerated obligation, as well as the other clauses and conditions established herein. Obligations that, by their nature, must survive termination — in particular the clauses on intellectual property, usage restrictions, confidentiality, indemnification, limitation of liability, and jurisdiction — remain in full force after the end of the contractual relationship.