1. Acceptance and application
These Terms of Use govern access to and use of the Smart Journey website, information about the Smart Journey platform, and related digital channels operated by Potencialize Digital LTDA. By accessing or using these environments, you acknowledge that you have read, understood, and agreed to these Terms.
If you do not agree with any provision, you must stop using the applicable website or service. Commercial agreements, proposals, or specific instruments entered into with clients may establish additional conditions and will prevail over these Terms in the event of a conflict concerning the contracted subject matter.
If you use the services for an organization, you represent that you have authority to accept these Terms on its behalf. Nothing in these Terms limits a right or remedy that cannot be waived under the law applicable to you.
2. Operator identification
The websites and services described in these Terms are operated by Potencialize Digital LTDA, located at Avenida Paulista, 1471, Conj 1110, Bela Vista, 01311-927, São Paulo, SP, Brazil. Smart Journey is a behavioral intelligence platform provided by Potencialize Digital LTDA.
3. Purpose of the websites and services
The websites provide institutional, commercial, and technical information about Smart Journey and Potencialize Digital, together with contact channels and access to the platform. Public content is informational and does not replace an individual commercial proposal, contract, technical specification, or guarantee.
Access to authenticated areas, contracted functionality, or client environments may require registration, authorization, and separate commercial terms.
4. Permitted use
You may access the websites and use their functionality for legitimate personal or professional purposes, subject to these Terms, applicable law, third-party rights, and the specific conditions governing any contracted service.
You must be legally capable of entering into these Terms. The commercial services are intended for business use and are not directed to children. A person using the services on behalf of a client must act within the permissions granted by that client.
5. Prohibited conduct
You must not use the websites or services to:
- engage in unlawful, fraudulent, abusive, or rights-infringing activity;
- attempt to access accounts, systems, data, or resources without authorization;
- interfere with the availability, security, integrity, or operation of the services;
- introduce malicious code, perform attacks, test vulnerabilities without authorization, or bypass security measures;
- copy, modify, distribute, sell, or commercially exploit protected content without authorization;
- reverse engineer, decompile, scrape, harvest, frame, mirror, or derive source code or underlying components except where applicable law expressly permits that activity;
- use the services to process sensitive, special-category, or children's data without the prior arrangements, legal basis, safeguards, and notices required by law and contract;
- use Smart Journey to make decisions producing legal or similarly significant effects without appropriate human oversight and all safeguards required by applicable law;
- use contact channels for spam, abusive automated messages, or misleading content.
6. Accounts and credentials
Where authenticated access is available, users are responsible for maintaining the confidentiality of their credentials and promptly reporting suspected unauthorized use. Credential sharing may be restricted by the conditions governing the contracted service.
You are responsible for activity performed through credentials assigned to you to the extent permitted by law. Potencialize Digital may require password resets, additional verification, or temporary access restrictions when reasonably necessary to protect accounts, systems, or data.
7. Intellectual property
Trademarks, trade names, text, interfaces, visual elements, code, functionality, documents, and other available content are protected by applicable law and belong to Potencialize Digital LTDA, its licensors, or their respective owners.
Nothing in these Terms transfers intellectual property rights to the user. Any use beyond what is necessary to access the services normally requires the rights holder's prior express authorization.
8. User-submitted content and information
When submitting information through forms or contact channels, you represent that the information is accurate, relevant, and lawfully submitted. You must not provide unlawful content, third-party data without authorization, or unnecessary sensitive information.
You retain rights you hold in submitted content. You grant Potencialize Digital a limited, non-exclusive right to host, reproduce, transmit, and otherwise process that content only as reasonably necessary to operate the requested functionality, provide support, secure the services, comply with law, and perform applicable agreements.
Personal data will be handled as described in the Privacy Policy.
9. Third-party links and services
The websites may contain links to pages, platforms, or services maintained by third parties. Those environments have their own terms and policies, and Potencialize Digital does not control their content, availability, or practices. Including a link does not necessarily constitute endorsement or responsibility for the external service.
10. Availability and changes
Potencialize Digital may update, correct, suspend, or discontinue content and functionality, subject to applicable contracts and legal obligations. Maintenance, technical failures, external events, or security measures may cause temporary unavailability.
Descriptions of planned or developing functionality are informational and do not create a commitment to release a feature by a particular date unless an authorized representative expressly agrees otherwise in a written contract.
11. Service disclaimers
Although reasonable efforts are made to maintain accurate information and secure, functioning services, public content may be incomplete, become outdated, or contain errors. It is provided on an "as is" and "as available" basis to the extent permitted by law and does not constitute legal, financial, compliance, or professional advice.
Potencialize Digital does not guarantee uninterrupted or error-free operation, compatibility with every third-party system, or any particular commercial, conversion, revenue, or audience result. Results depend on implementation, configuration, traffic, audience, offer, client operations, third-party systems, and market conditions.
Any warranties for a paid service are exclusively those stated in the applicable commercial agreement or required by mandatory law. Implied warranties are disclaimed only to the extent they may legally be disclaimed.
12. Limitation of liability
To the maximum extent permitted by applicable law, Potencialize Digital and its directors, employees, affiliates, licensors, and suppliers will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, loss of profits, loss of opportunity, loss of goodwill, or loss or corruption of data arising from public website use, third-party services, unauthorized use caused by a user, or events beyond Potencialize Digital's reasonable control.
Liability relating to a contracted service is subject to the allocation of risk and any lawful limits established in the applicable commercial agreement. Nothing in these Terms excludes or limits liability for fraud, willful misconduct, gross negligence where it cannot be limited, death or personal injury caused by negligence where applicable, infringement for which exclusion is prohibited, or any other liability or statutory right that cannot lawfully be excluded or limited.
13. Privacy and data protection
Personal data processing related to the websites and services is described in the Privacy Policy. Depending on the processing operation, Potencialize Digital may act as controller or business, or as processor, operator, or service provider on behalf of a client.
Clients are responsible for the lawfulness of their instructions, configurations, notices, consent mechanisms, and use of Smart Journey in the digital environments they control. Nothing in these Terms replaces a data processing agreement where one is legally or contractually required.
14. Client responsibilities and compliance
A client implementing Smart Journey must have all rights, permissions, notices, and legal bases required to provide data and instruct processing. The client must configure and use the services consistently with applicable privacy, consumer-protection, electronic communications, marketing, accessibility, intellectual-property, employment, and sector-specific laws.
The services may not be used in a manner subject to heightened legal requirements, including regulated health, financial, biometric, children's, or high-impact decision-making contexts, unless expressly authorized in a written agreement and supported by the controls and safeguards required by applicable law.
15. Suspension and termination
Potencialize Digital may restrict or suspend access when reasonably necessary to investigate or prevent a security risk, unlawful activity, material breach, harm to another person, or disruption to the services. Where reasonably practicable and legally permitted, notice and an opportunity to remedy will be provided in accordance with the applicable agreement.
Termination of contracted services is governed by the applicable commercial agreement. Provisions that by their nature should survive termination, including intellectual-property protections, payment obligations, disclaimers, liability provisions, and dispute terms, will remain effective.
16. Indemnification
To the extent permitted by applicable law, a business user or client will defend, indemnify, and hold harmless Potencialize Digital and its personnel from third-party claims, losses, and reasonable costs arising from that party's unlawful use of the services, infringement of third-party rights, unauthorized data or content, or material breach of these Terms or an applicable agreement. This provision does not apply to the extent a claim was caused by Potencialize Digital or where indemnification is prohibited by consumer or other mandatory law.
17. Export controls and sanctions
You may not access, export, re-export, transfer, or use the services in violation of applicable trade controls, sanctions, or embargo laws. You represent that your use is not prohibited by a restriction legally applicable to Potencialize Digital or the transaction.
18. Changes to these Terms
These Terms may be updated to reflect changes in the services, applicable law, or operational practices. The current version will be published on this page with its update date. Material changes may be communicated through available channels where required.
Changes will apply prospectively from their stated effective date. Material changes to a contracted service will be handled under the applicable agreement and mandatory law; continued use will not be treated as consent where express consent is legally required.
19. Governing law, regional rights, and jurisdiction
These Terms are governed by the laws of the Federative Republic of Brazil, without regard to conflict-of-law rules. Disputes will be submitted to the competent courts of São Paulo, SP, except where mandatory jurisdiction, consumer-protection, employment, privacy, or other applicable law grants a non-waivable right to another forum or governing rule.
For individuals in Brazil, nothing in these Terms restricts rights under the LGPD or applicable consumer law. For individuals in the European Union or European Economic Area, nothing restricts mandatory rights under the GDPR or the right of a consumer to rely on mandatory protections and competent courts available under local law. For United States residents, rights granted by applicable federal or state law remain available and are not waived by these Terms.
20. General provisions
If a provision is found unlawful or unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions will continue in effect. Failure to enforce a provision is not a waiver. You may not assign rights or obligations under these Terms without prior written authorization; Potencialize Digital may assign them in connection with a reorganization, merger, acquisition, sale of business or assets, or by operation of law, subject to mandatory protections.
Neither party is responsible for delay or failure caused by events beyond its reasonable control, except for obligations that cannot legally be excused. Headings are for convenience only.
These Terms, the Privacy Policy, and any applicable commercial agreement constitute the relevant agreement for their respective subject matter. No public website statement modifies a signed commercial agreement unless expressly incorporated into it.
21. Contact
Questions about these Terms may be submitted through the website's Contact form.
Privacy requests should be submitted through the channels stated in the Privacy Policy.