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Terms and Privacy

Term of Service
Privacy Policy

TERM OF SERVICE (LICENCE) OF TALLOS’ SOFTWARE 

The term of service is the operator’s acceptance to provide the right to use (license) of Tallos service and dialogue automation platform, providing access in SaaS (Software as a Service, QaaS or Cloud) mode, which includes the use of the Official API of WhatsApp, the service being provided by Tallos Tecnologia Integrada e Assessoria em Negócios LTDA, a private legal entity, headquartered at Avenida I, Jereissati I, No. 57, room: 1201 to 1218, Business Place Maracanaú Building, Tower II, Neighborhood: Jereissati I. Zip Code No. 61.900-410, Maracanaú, enrolled with CNPJ No. 28.688.116/0001-84.

By hiring Tallos services, customers confirm their acceptance of this term of service and declare that they understand the conditions and rules for using Tallos platform and that they accept and agree to comply with them. 

  1. DEFINITIONS:

For the purposes of this Terms of Service the following words and expressions have the following definitions:

I – Tallos: the company providing Tallos Platform;

II – Client: the individual or legal entity who hires Tallos to use the Tallos Platform;

III – Tallos Platform/Platform/Portal: the virtual platform for digital service management made available to the Client, accessed through https://www.tallos.com.br;

IV – Account: the Customer’s virtual profile, through which one or more Operators, depending on the contracted quantity, may use Tallos Platform;

V – Operator: the person authorized by the Customer to use the Platform on his behalf, through a login and password created by the Operator Administrator;

VI – Operator Administrator: the person authorized by the Client to operate the Platform on their behalf, who is responsible for, among other duties, creating, modifying and deleting Operators authorized to use the services, as well as defining their access levels;

VII – Services: the availability of the Platform on SAAS model (“Software as a Service”) and the provision of technical support on the use of the Platform, by means of a Plan provided by Tallos to the Client;

VIII – Plan: the package of Services hired, associated with specific features and with a specific remuneration value.

IX – Making available: enabling Customer access to Tallos software through the internet;

X – Customization: development of new functionality specified in the commercial proposal, agreed upon by the Customer;

XI – Maintenance: updates and application of corrections to Tallos software and infrastructure, upon request and scheduling;

XII – Software: computer program, not including its source code and the knowledge used in its production;

XIII – Backup: safety copy to be kept by Tallos, both for software installation files and files and databases;

XIV – Support: it is the Customer service, provided by phone or internet, which purpose is to clarify questions about Tallos software operation, subject matter of this agreement, enabling the receipt and treatment of errors reported by the Customer, generating the respective corrections;

XV – Licence of use: authorization for the use of software owned by Tallos, for a determined period of time;

XVI – Version update: making available new versions of the software; Updates: making available new versions of the software 

XVII – Training: Process of transferring knowledge to Operators, so that they can operate the system properly; 

XVIII – Chatbot: a computer program that tries to simulate a human being in conversation with people;

XIXX – API: Application Programming Interface, used for integration with the Client’s operating software. 

  1. THE SERVICES

2.1 – Tallos services means the hiring of software use license, for the use of relationship services in order to facilitate the Customer’s digital service process with their respective customers and other people or organizations, integrating communication channels on a single platform. 

2.2 – Tallos will provide Customers with access to software (https://app.tallos.com.br) through individual login and password, for the Administrator Operator and as many Operators as Customers may hire. Other modules that may have been hired in the Commercial Proposal may also be accessed through this address.

2.2.1 – The Customer will be responsible for registering the Operators through the Operator Manager, inform the data required on the Platform, for the creation of user profiles, logins, and access passwords. 

2.2.2 – There are no limitations on the Administrator Operator’s and Operators’ simultaneous access to the quantity contracted by the Client. 

2.2.3 – The increase and/or decrease in the number of Operators with simultaneous access may be carried out by means of a Contractual Amendment to the originally contracted one. All other conditions of this Term of Service will remain in force and effective in relation to new operators that may be hired.

2.3 – The Customer may, under its sole responsibility, integrate Tallos Platform with third-party services/applications (WhatsApp Business API, Facebook Messenger, Telegram, e-mail provider, Zapier, Website Chat, Agendor, RD CRM, RD Marketing, NectaCRM, API, and Webhooks, etc.), depending on the continuous availability of the respective API (Application Programming Interface), according to the compatibility limit for integration with Tallos Platform.

2.4 – The following functions will be available in the Tallos Platform menu: Home, Chat, Performance Indicators, Clients and Messages, Activity Schedule, Funnel, Transmission List, Settings, Automation, Integrations, System Usage, Support, and Financial. 

2.4.1 – In the Home function, platform Operators will be able to consult Service Indicators, manage Service Portfolios, access Tallos Mail, Manage Service Flows, register Company (Customer) Information and consult the Activity Agenda; they will also be able to consult the number of online operators, the number of customers in the service queue and the flow of the number of services over time.

2.4.2 – In Chat, Operators will interact with clients, have access to the conversations of their service, the Queue, and the ChatBot conversations. 

2.4.3 – In the Performance Indicators, it will be possible for operators to check the number of calls through the BOT, the BOT’s retention percentage, obtain the average overall satisfaction, view the number of calls made, the average number of calls per operator, check the average service time (A.S.T.) and the average hold time (A.H.T.), in addition to the percentage of calls per channel and per company sector.

2.4.4 – In the Customers and Messages function it will be possible for the operator to register the customers, build customer portfolios, tag contacts, create quick messages and variable messages to facilitate communication, and create shortcut commands.

2.4.5 – The Activities Agenda will enable operators to schedule tasks and activities, such as communicating with a customer on a certain day/time.

2.4.6 – The “Funnel” function enables operators to use a strategic model separated by stages, visually structuring the entire customer journey. 

2.4.7 – The Transmission List function enables Tallos platform operators to send the same message to a previously determined contact list.

2.4. 8 – In Settings, it is possible to set the company’s working hours, the automatic shutdown of calls, enable or hide the start and end of calls, enable or hide the position in the queue, enable or hide the transfer of operators, set permissions for administrator and operator profiles, set the attendance queue, set the ChatBot, set automatic messages of presentation, start and end of attendance, when on holidays or out of office hours, define the departments of the company, classify and organize the attendances by Tabulation, based on descriptive labels. 

2.4. 9 – In the Automation function it is possible to set Tallos’ Artificial Intelligence, which is a cognitive solution developed by TALLOS to automate dialogs, enabling the BOT to learn and interact in order to help solve everyday situations, allowing the automation of questions and answers, including answers with media; In this function, it is possible to create calls for flows (FLOW) which is a functionality that will allow operators to automatically collect and send information about their Customers/Leads, such as Name, E-Mail, Contact Number, Documents, etc. ;

2.4.10 – In the Integrations tab, you can check which applications and features are available for integration with Tallos platform, as well as perform such integrations of chat channels.

2.4.11 – In the System Usage function, you can obtain the Tallos platform user manual, conduct training courses, send suggestions for improving the platform, and check the System Logs performed on the platform.

2.4.12 – On the Support tab, it is possible to interact with one of Tallos’ consultants who, in real-time, will answer operators’ questions.

2.5 – After hiring Tallos platform services, the Customer will be provided with the Onboarding stage (mandatory), which will include 03 hours of (remote) operator training; consulting support for the platform activation process, and integration with the Official API of WhatsApp; 

2.6 – The Customer may hire the Technical Setup service (optional) consisting of advisory support in deployments via Tallos APIs and Webhooks and; advisory support in chatbot deployments with external requests.

  1. PRICES, PAYMENT TERMS, AND FIDELITY:

3.1 – The license to use Tallos Chat platform, which will include the number of Operators and chips used, will be charged monthly with the definition of values, payment methods, and due date under the terms defined in the contract. 

3.2 – The use of Tallos platform is conditioned to a minimum loyalty period for the first 12 (twelve) months, counted as of the contract. In case of cancellation of the service during the FIDELITY period, the Customer will be required to pay 30% of the monthly fees remaining until the end of the loyalty period, in a single installment, due on the 15th of the month following the cancellation request. 

3.3 – The use of Tallos platform includes the use of Official API of WhatsApp, and the pricing is detailed in the commercial proposal.

3.4 – Considering the provisions of item 3.3, in the event of a change in the current pricing of the Official API of WhatsApp as of the date of the contract, the price of the license to use the Tallos platform may be adjusted in proportion to the increase in the current price of the Official API of WhatsApp, in order to maintain the economic and financial balance of the contract; in these cases, the increase will be valid for the monthly fee of the month following the minimum thirty (30) days notice.

3.5 – The use of Tallos platform is prepaid, and there is no refund in case of non-continuity. The amount actually paid is converted into credits for using the platform.

3.6 – Payment of monthly fees and the Platform Use License will only be made after the completion of the Onboarding stage, with a maximum expected duration of thirty (30) days.

  1. PENALTIES:

4.1 – In case of late payment, a fine of 2% (two percent) and late payment interest of 1% (one percent) per month will apply. 

4.2 – After 15 (fifteen) days from the due date, in the absence of payment, TALLOS reserves the right to interrupt the provision of services, regardless of any communication, without the Customer being entitled to any compensation. The reactivation will take place within 16 (sixteen) business hours after paying the debts in question. 

4.3 – TALLOS may register protests and registrations in credit protection agencies, in case of default by the Customer.

5 – CONDITIONS FOR THE PROVISION OF SERVICES:

  1. 1 – TALLOS, provided that the CLIENT’s obligations given in this term of service are observed, aims to offer and proposes to maintain 98% of annual availability of Tallos software production environment during the hours from Monday to Sunday, from 0h to 23h59min, not considering in the accounting of this index the following events: a) Failures in the CLIENT’s infrastructure, which may cause system unavailability; b) Interruptions for preventive or corrective maintenance and technical adjustments; c) Emergency interventions intended to prevent or stop the action of “hackers” or security corrections; d) Suspension by determination of authorities, force majeure or by non-compliance with this Term of Use; e) Interruptions or malfunctions caused by third-party companies such as (but not limited to) domain registration bodies, DNS synchronization, etc. f) Time used by TALLOS for validation of error corrections; and g) Stops or restorations of data backup copies by request of the CLIENT.

5.2 – It is the Client’s responsibility to perform internal configurations in its environment so that the access to electronic services provided by Tallos is satisfactory.

5.3 – To use the Chatbot (A.I.) module, Tallos will perform the initial setup, configurations, and initial training. Subsequent configurations and training of the chatbot service will be performed and a responsibility of the Customer. 

5.4 – The entire configuration process of the remote server infrastructure and installation of software required to provide Tallos platform service will be carried out exclusively by Tallos, and this process will be transparent to the CLIENT, who will only use the application (Tallos Software).

5.5 – Tallos will provide support by phone and chat, available in Brazilian Portuguese language, from Monday to Friday from 7 am to 8 pm (GMT-3), on Saturdays from 8 am to 5 pm (GMT-3), and on Sundays from 8 am to 12 pm (GMT-3), except on national holidays.

5.6 – Tallos may provide support at the Customer’s facilities, in situations where telephone or remote support is not enough to solve the problem, in which case, Tallos will provide a technician to service at the Customer’s facilities, upon approval of specific budget and schedule, except for services from Tallos System incidents.

5.7 – The response to incidents that are failures in Tallos’ server infrastructure that prevent access to the platform, or limit its operation, will fall within one of the following priorities, for which the deadlines for first response are agreed upon: a. High Priority: the system is not available, and it is not possible for the Client to operate it. In this situation, Tallos is committed to responding to the service within 04 (four) business hours. Incidents opened by Customers with HIGH priority must be analyzed jointly with Tallos, for consensus on this urgency degree; b. Medium Priority: intermittency, slowness, or some system component is not operational, but it is possible to operate Tallos platform. The service must be answered within twenty (20) business hours.

5.8 – Although it is allowed to contact the support through e-mail, telephone or chat on the platform, the service times are counted from your registration in the online chat for opening calls (app.tallos.com.br). It is recommended that the Customer always make their requests directly in the system and immediately when the problem is detected. The lapse of time between sending an email or phone call and the registration in the system will not be considered.

5.9 – Service requests, such as restoration of backup copies, application of Tallos updates or corrections, reconfiguration of items related to server infrastructure, will be met preferably within the existing maintenance windows, being agreed with the Customer its beginning and end.

  1. SECRECY, CONFIDENTIALITY, PROHIBITION OF PLAGIARISM AND NON-COMPETITION: 6. 1 – The Client, by itself, its partners, agents, employees, and contractors for an indefinite term, even after the effectiveness of this instrument, undertakes to respect the right of secrecy and confidentiality in relation to the content of this Term of Service, and is obliged to maintain the secrecy of all information accessed as a result of the use of Tallos platform, and may not transfer any information to third parties, in whole or in part, unless previously authorized in writing by Tallos and may only be violated when the information is required by judicial or administrative order, and/or by Tallos service providers duly authorized by Tallos, if applicable.

6.2 – The Client is forbidden, by himself or by a third party, to replicate, plagiarize or copy the systems made available by TALLOS, which are part of Tallos company’s intellectual property. 

6.3 – The Client agrees that, for as long as the Tallos platform services last and for thirty-six (36) months after the resolution, termination or extinction of the service provision, he/she, partners, heirs, successors and attorney(s) shall not act in competition with TALLOS, as well as not to participate as a partner, shareholder, director, agent, service provider or employee of any other 6.4 – The customer recognizes and accepts that, in case of violation of secrecy, confidentiality violation and violation of non-competition, he/she will be subject to all sanctions and penalties under the Brazilian legislation, being also subject to the appropriate legal procedures related to losses and damages to which he/she causes, in addition to the application of contractual fine; 

6.5 – In case of replication, plagiarism or copy of systems made available by Tallos while they are made available on Operator’s equipment, and it is demonstrated that the replication, plagiarism or copy came from Operator’s equipment, it will incur in contractual fine, regardless of notification, without prejudice to any judicial claim for compensation for losses and damages. 

 

  1. VALIDITY, TERM, AND TERMINATION:

6.1 – The term of Tallos platform use is 01 (one) year, after this term, the acceptance will be automatically renewed and the monthly fees will be adjusted by the General Market Price Index – IGPM, from the acceptance date until the end of the term, and will be effective for an indefinite period, and may be terminated at any time, upon prior notice of 30 (thirty) days, subject to the provisions regarding loyalty in item 3. 2; being also agreed that for the occurrence of the hypothesis of item 3.4, the index and terms agreed upon in the referred item will be applied.

  1. DAS RESTRIÇÕES DE RESPONSABILIDADE:

7.1 – The client assumes the responsibility for any damage occasioned by the use, by the contained or compiled information by the software, and by the interaction (or impurity on interaction) with any other hardware or software, being provided by Tallos or third parties. 

7.2 – Tallos has no responsibility for the content conveyed through its system, neither with regard to its accuracy, frequency, format, quality, periodicity, legality and its other characteristics, being the Customer the sole responsibility for the same.

7.3 – Under Law No. 13,709/18, the Operator will function as controller and operator of the data that will transit through the contracted systems and that will be the only one to perform the processing of personal data assigned to them; Tallos will function as a commissioner, being a communication channel between the controller/operator and the data subjects.

7.4 – In case the solutions and services provided by Tallos respond in an unexpected way and suffer interruptions, delays or errors, without Tallos being able to control such factors (e.g., cases of errors or interruptions caused by operational failures or internet service failures), Tallos will not be liable in any way for such interruptions, delays and errors, as well as for any damages claimed by the Client related to such interruptions, delays and errors. The Customer hereby irrevocably and irreversibly agrees that no indemnity shall be due in this case.

  1. 5 – Tallos shall not be liable for any failures, interruptions or delays in the performance of its obligations, when resulting from unforeseeable circumstances or force majeure, which are exclusionary of liability pursuant to article 393 of the Civil Code, including, but not limited to, governmental acts, limitations imposed by the Government, interruption in the provision of services under license, authorization, permission or concession from the government (supply of electricity and telephone services, performance of telecommunications service operators interconnected to the network, among others), catastrophes, strikes, disturbances of public order and other events of the same nature.
  2. RESPONSIBILITIES UNDER THE LGPD

8.1 – The Parties declare that under the terms of the General Law of Data Protection – LGPD, Law no. 13,709/18, they will keep the personal data of third parties that they may handle according to what such law determines. Under the terms of LGPD, the Client will act as Controller of the data that will travel through the systems contracted in this agreement; and Tallos will act as the Operator, being a communication channel between the controller and the data subjects.

8.2 – Controller/Client Responsibilities

A – Obtain the consent of the data subject to communicate or share personal data with other controllers;

B – Inform the data subject in cases of changes in information about the purpose of the processing, about the form and duration of the processing, about the controller’s contact information, and about information about the shared use of personal data by the controller;

C – Ensure transparency in the processing of personal data based on legitimate interest;

D – To repair pecuniary, moral, individual, or collective damages caused by violation of the personal data protection legislation;

E – Communicate to the national authority and the data subject the occurrence of a security incident that may cause relevant risk or damage to data subjects;

F – Safeguard the rights of the data subjects through the adoption of measures, such as the disclosure of the fact in the media and measures to revert or mitigate the effects of the incident;

G – Observe the good practices and governance standards provided for in the LGPD.

8.3 – The Operator/ Tallos Responsibilities are:

A – Carry out the processing of personal data according to the instructions provided by the controller;

B – Keep personal data protected from unauthorized access, disclosure, destruction, accidental loss or any type of personal data breach;

C – Keep records of the personal data processing operations it carries out;

D – Observe the good governance practices and standards provided in the LGPD.

  1. INDEMNIFICATION:

9.1 – The Client hereby irrevocably and irreversibly undertakes to defend, indemnify and hold Tallos harmless with respect to any and all losses arising out of any act or fact that the Client has given cause for, regardless of fault or malice as a result of: (i) any inaccuracy or falsity of statements made by the Client, or any breach of such statements; (ii) the Client’s failure to comply, in part or in whole, with any obligations or agreements contained in this Term of Use and/or applicable laws and regulations; (iii) the provision of incorrect or incomplete information that served as the basis for Tallos to perform its obligations under this Term of Use; and (iv) the Loss caused to a third party. These provisions shall survive any termination of the services, including, but not limited to, until all negotiations and proceedings, administrative and judicial, in progress at the time of termination are concluded and until a final and unappealable decision is obtained or a final judgment is rendered.

  1. JURISDICTION:

10.1 – The Parties elect the district court of Fortaleza/CE to settle any issue arising from the services provided by Tallos to the Client, waiving any and all other, no matter how special or privileged it may be.

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