Terms of Service

1. Company identification

PowerCart is operated by PERFORMA AI LTDA, registered with CNPJ 65.253.945/0001-60, headquartered at Rua General Osório, 927, Centro, CEP 13450-027, Santa Bárbara d’Oeste/SP, Brazil.

General contact: [email protected]. Privacy and DPO contact: [email protected].

2. Acceptance and scope

By contracting, accessing, integrating or using PowerCart, the contracting company, its representatives, administrative users and other authorized persons state that they have read, understood and accepted these Terms, the Privacy Policy and any applicable commercial proposals, contracts or addenda.

If you are an end consumer of a store that uses PowerCart, purchase, payment, delivery, exchange, return, warranty, support and commercial communication matters are the responsibility of the relevant store.

3. Platform purpose

• identify abandoned carts, viewed products, incomplete checkouts and purchase-intent browsing;
• send reminders and communications by email, WhatsApp, SMS and push;
• automate campaigns, templates, flows and relationship journeys;
• measure sends, opens, clicks, replies, conversions, recovered revenue and performance;
• integrate with ecommerce platforms, messaging providers and other authorized tools.

4. Customer obligations

• use PowerCart lawfully, ethically and transparently;
• maintain clear and updated privacy, cookie and communication notices;
• inform consumers about cart, product and checkout recovery technologies, cookies, pixels and messages;
• hold a valid legal basis and obtain consents, opt-ins or permissions when required;
• respect opt-outs, unsubscribes, blocks and consumer preferences;
• avoid purchased, scraped, irregular or unauthorized lists;
• keep products, offers, prices, links, coupons and commercial policies correct and updated;
• comply with the policies of Meta, WhatsApp, email, SMS, push and other integrated providers.

5. WhatsApp, Meta and third-party channels

Use of WhatsApp, Meta or related channels may depend on approval, verification, opt-in, approved templates, quality policies, sending limits, conversation categories, commercial rules and requirements set by Meta, WhatsApp or official providers.

PowerCart does not guarantee approval of accounts, numbers, templates, permissions, apps, integrations or messages by Meta, WhatsApp or any third party.

6. Email, SMS and push

For email, the Customer must use authorized senders and domains, configure authentication when applicable, respect unsubscribes, bounces, spam complaints and blocks, and avoid fraudulent, abusive or misleading content.

For SMS and push, the Customer must have a valid legal basis, identify the store or sender, respect opt-outs and use messages in a proportional, transparent and non-abusive manner.

7. Data protection

Personal data processing in the PowerCart context is governed by these Terms, the Privacy Policy, specific contracts, any data processing agreement and applicable law.

As a rule, when the Customer uses PowerCart to communicate with its consumers, the Customer acts as controller and PowerCart acts as processor, processing data according to Customer instructions.

Identifiable consumer data may be masked, aggregated, anonymized, pseudonymized or limited in dashboards and reports, especially before a confirmed purchase, valid conversion, applicable legal basis or legitimate operational need.

8. Reports and attribution

Reports and metrics are operational and analytical estimates subject to technical limitations, tracking blocks, browser rules, provider rules, cookies, integrations, attribution windows and user behavior.

PowerCart does not guarantee that every attributed conversion occurred exclusively because of a campaign or that every browsing, opening, clicking or conversion event will be fully recorded.

9. Availability, billing and suspension

PowerCart will use reasonable efforts to keep the platform available, secure and functional, but it may experience interruptions, maintenance, third-party failures or events outside reasonable control.

Plans, prices, limits, payment methods and commercial conditions are defined in proposals, contracts, orders, dashboards or specific documents. Non-payment may lead to limitation, suspension or termination of access.

PowerCart may suspend or limit access in cases of breach, irregular use, security risk, high complaints, excessive bounces, reputation risk, non-payment, legal order or technical need.

10. Intellectual property, liability and changes

PowerCart software, code, interfaces, databases, brands, layouts, documentation, reports, models, technologies, algorithms, scripts and platform elements belong to PERFORMA AI LTDA or its licensors.

To the maximum extent permitted by law, PowerCart is not liable for stores’ products, services, prices, offers, delivery, payments, returns, warranties or support, nor for Customer campaign content, segmentation, legality or authorization.

These Terms may be updated to reflect legal, regulatory, technical, commercial, operational or third-party policy changes. Continued use after publication indicates acceptance of the current version, unless the law requires a different procedure.

Platform operator